Contra Costa Herald

Contra Costa Senior Deputy District Attorney Paul Graves. photo courtesy of Paul Graves for DA

The Contra Costa County Deputy District Attorney’s Association has endorsed Senior Deputy District Attorney Paul Graves for the position of Interim District Attorney of Contra Costa County. 

On Friday, August 18th, 2017, the Contra Costa County District Attorneys’ Association, made up of over 80 criminal prosecutors, voted for the endorsement.

“Paul Graves distinguished himself as a leader when he stepped forward to run for election against Mr. Peterson, a sitting incumbent at the time, despite the great professional risk he was taking, because it was the right thing to do,” said Aron DeFerrari, President of the DA’s Association.

“Our prosecutors are currently working on hundreds of cases and the interim DA will immediately have immense responsibilities to manage these cases,” added Simon O’Connell, a member of the District Attorneys’ Association Board. “Paul Graves’ experience managing and leading prosecutors gives us full confidence in his ability to keep those cases on track until voters choose the next District Attorney.”

Amongst a field of five candidates seeking the appointment, Paul Graves has distinguished himself in both public forums, his written applications and, perhaps most importantly, his actions and proven integrity as a veteran prosecutor for the last 22 years.

With the support of almost every police association, nonprofit and community based organizations Graves has worked with throughout the years, and the endorsement of the East Bay Times, “We are tremendously proud to endorse Paul Graves, he is a truly talented prosecutor, a proven leader in the law enforcement community and, perhaps most importantly, a person of genuine character and integrity – what we need most right now in our office” said Lauren Whalen, a DA’s Association Board Member and young prosecutor in the District Attorney’s Office. 

On Saturday, August 19, 2017, at approximately 8:22 PM, Deputy Sheriffs were dispatched to a suspicious circumstance and possible burglary in the area of Actriz Avenue and Arthur Road in unincorporated Martinez.

Deputies conducted an area check of the residence but did not find any evidence of a burglary. However, a stolen vehicle was found parked near the residence. When the vehicle left the area, Deputies attempted a traffic stop of the stolen vehicle. The vehicle did not stop and led Deputies on a pursuit. 

The suspect pulled into a gas station on Arthur Road. As Deputies exited their vehicles to conduct a high-risk car stop, the suspect suddenly rammed into a patrol car. A Deputy fired two rounds at the suspect, who drove towards I-680. The suspect was not struck by gunfire. 

The suspect drove the wrong way on the freeway off-ramp and collided with another vehicle. The suspect was taken into custody. The driver of the other vehicle and the suspect suffered minor injuries. Both were taken to local hospitals to be checked.

The suspect is identified as 34-year-old Joey Carroll of Pittsburg. This morning he was booked into the Martinez Detention Facility on numerous charges – stolen vehicle, possession of stolen property, evading causing injury, evading while driving the wrong way, assault with a deadly weapon, resisting, and probation violation.

Carroll is being held with bail. 

The five semi-finalists for the interim Contra Costa County District Attorney appointment participated in a three-hour public forum at Contra Costa County Board of Supervisors hearing chambers Tuesday. Participating in the forum conducted by the League of Women Voters of Contra Costa County were from left Contra Costa Superior Court Judge Diana Becton, Contra Costa Superior Court Judge Danielle Douglas, Santa Clara County Supervising Deputy District Attorney Patrick Vanier, Contra Costa Deputy District Attorney Tom Kensok and Contra Costa Senior Deputy District Attorney Paul Graves. Supervisors plan to announce their choice by either their September 12 or September 19 meeting.

Lasts for three hours

By Daniel Borsuk

In the packed Contra Costa County Board of Supervisors hearing chambers, supervisors and citizens learned a great deal about five candidates in the running for the interim District Attorney post, vacant since the mid-June resignation of Mark Peterson on charges of lying about illegally spending $66,000 from his election campaign fund for personal use.

Before responding to questions pooled from the League of Women Voters of Contra Costa County and emceed by former Contra Costa County Clerk and Register of Voters Steven Weir, supervisors conducted a one hour hearing to allow the public to vent thoughts about the supervisors selection process of the five choices:  Contra Costa Superior Court Judge Diana Becton, Contra Costa Superior Court Judge Danielle Douglas, Contra Costa Senior Deputy District Attorney Paul Graves, longtime Contra Costa Deputy District Attorney Tom Kensok, and Santa Clara County Supervising Deputy District Attorney Patrick Vanier, a Contra Costa County resident.

Graves and Vanier have already announced they are running for election in 2018.

During the public hearing, Graves received oral endorsements from eight speakers.  One supporter, Laura Dean Swanson described Graves as “Competent and widely respected by people for working for victims’ rights.”

But Richmond City Councilman Melvin Willis cautioned supervisors saying, “We need a district attorney who will look at alternatives other than incarceration.  We need new leadership promoting racial justice.”

Nancy Kelly, a retired public defender, urged the supervisors to select an interim DA who would eliminate the bail system, which is racially and financially biased against minorities.  Kelly also said the county’s interim DA should be one who picks “juries that reflect the community and not that reflects the upper class or white people.”

During the forum, the five semi-finalists answered a wide variety of questions to shed light regarding their opinions about “restorative justice,” a concept that all the candidates supported.

On the question about the death penalty, the responses varied.

Judge Douglas said she would seek the death penalty for cases meriting it and “would set up a death penalty review panel.”  She noted that the cost and racial disparity associated with the death penalty has shown that it has been “abused in this country.”

Vanier said he would use the death penalty for cases that genuinely merit them like the “Ted Bundy” murder case.

Kensok said he, like most Contra Costa voters, voted to abolish the death penalty.  “It’s not a deterrent, but I will never say never.”  He said there might be murder cases meriting the death penalty.

“The death penalty is not an effective deterrent to crime,” said Judge Beckton.

On prosecuting environmental pollution crimes, candidates’ responses varied, but Kensok seemed to have the best response to that question.  “We have an environmental prosecutor,” said Kensok. “We have gone after Chevron.  But as DA my priority will be to use our resources to prosecute cases involving violence.”

When asked what his thoughts were about the DA office’s track record on victims’ rights, candidate Vanier said, “Less than one half of the crimes are prosecuted.  We need to do a better job of prosecuting crimes that occur in this county.”

On the topic of how to work with at-risk youth, Judge Becton said she would implement a successful program she developed in Richmond, “The Color of Justice.”  It teaches school children that African Americans do succeed academically and become lawyers and judges.

As a mother of three daughters, Judge Douglas said she would promote anti-gang awareness programs beginning in the elementary and middle schools.  “We need to publicize about the dangers of the Internet and how gangs are able to lure youth at very young age.”

All five candidates said they would not cooperate with United States Immigration and Customs Enforcement agents.

Supervisors plan to interview finalists for the interim post on September 12; they could announce a selection then or reveal their choice at their September 19 meeting.

By Daniel Borsuk

At their weekly meeting on Tuesday, Contra Costa County Supervisors negatively responded to the county grand jury report “Funding the East Contra Costa Fire Protection District.”

Concerning the report’s finding:

“The county does not always require that developers of residential and commercial properties establish Community Facility Districts,” the supervisors’ response was “agree.”

The supervisors’ recommendation was California Penal Code Section 9333.05(b) requires a response to the designated recommendations of the Grand Jury.

But regarding the Grand Jury’s finding:

“The county should consider adopting a policy to collect impact fees from all developers of residential and commercial property to fund capital improvements that will be needed to open future stations,” the supervisors’ response was negative.

“The recommendation will not be implemented because it is not warranted,” the supervisors’ response stated.  “The ECCFPD continues to have financial difficulties, which prevent staffing current stations within the District.  Imposing a policy requiring developers to contribute fees for the construction of additional stations does not seem reasonable at this time.  The county has imposed impact fees on developers specifically for the construction of ECCFPD fire stations in the past and would revisit such a policy in the future should District revenues support the ongoing staffing costs of new stations.”

On the Grand Jury’s finding, “The County should consider adopting a policy to enter into agreements with all developers to establish Community Facility Districts to provide operating revenue to ECCFPD,” the supervisors’ response was also negative.

“The recommendation will not be implemented because it is not warranted,” the supervisors’ response stated. “The ECCFPD is a governmental entity that has the power to levy taxes and assessments as needed, subject to a vote of the People.  The District may, by resolution, establish Service Zones pursuant to Health and Safety Code & 13950 to, inter alia, “…raise additional revenues within specific areas of the District.”  The Service Zones are administered by the District Board of Directors, who responsible for setting service levels throughout the District.  This model would be more appropriate than developing Community Facility Districts administered by the County, which does not have the responsibility of setting service levels within the District, and is contemplated as part of the Fire Protection District Law of 1987 (commencing with Health and Safety Code & 13800).”

Artist’s rendering of the approved Saranap Village Development near Walnut Creek. Courtesy of Hall Equities Group.

By Daniel Borsuk

After five futile years, developer Mark Hall finally got the green light from the Contra Costa County Board of Supervisors to build his $100 million mixed-use Saranap Village Development in unincorporated Walnut Creek on Tuesday.

Site A

A jubilant Hall told the Contra Costa Herald after the supervisors voted 5-0 that he plans to begin construction of the major residential-commercial development in mid-2019. It will be located on 4.6 acres on the southwest side of the Highway 24 and Interstate 680 interchange, clustered around the intersection of Boulevard Way and Saranap Avenue.

Of the 45 persons speaking before the supervisors, 42 supported the proposed project, that will provide 122 rental apartment units and 76 residential condominium units, which were a key selling point for supervisors, especially Supervisor Candace Andersen whose District 2 includes the development site.

Longtime Saranap resident Jennifer Russell was one of the few opponents.  She said the development’s 71 feet height is too tall for the residential area.

“We’re really a residential area,” said Russell.  “Keep the development a bit smaller.”

Russell preferred that the project height be scaled down to 57 feet.

Sharon Lyons, a Saranap resident since 1958, welcomed the project that will bring about 21,522 square feet of commercial space.

“This development will make the area a destination area for us.  It will be a wonderful addition for our area,” she said.

Site B/B1

Giving the project an added architectural punch will be a traffic roundabout that will feature a piece of public art work on Boulevard Way.

“This is a beautiful project,” Supervisor Andersen said.  “We need all types of housing in the Bay Area.  One hundred ninety-eight new residential units is a good step forward.”

“This is a poster child project that shows how the community and developer can work as a team,” said District 1 Supervisor John Gioia of Richmond.  “Unfortunately, this project should not have taken this long, yet it is one of the best projects that I have seen.”

Mary Brooks of the Walnut Creek Chamber of Commerce urged supervisors to approve the development that will also include an outdoor seating area along Boulevard Way for commercial tenants.

As part of the deal with the county, Hall has established a Saranap Area Plan with a $50,000 startup fee.  The plan will serve as a guide for future commercial development, architecture, and the future location of a park for the Saranap area.

Other features of the Saranap Village Mixed-Use Project include:

• 492 on-and off-street parking spaces
• Narrowing of a portion of Boulevard Way from four lanes to two lanes.
• Installation of diagonal on-street parking along Boulevard Way and Saranap Avenue.
• New traffic median on Boulevard Way at Flora Avenue.
• Earth moving activities consisting of about 26,500 cubic yards of cut and about 2,615 cubic yards of fill.

Site C

So far Hall’s Saranap Village Developers LLC has paid the county $26,095 in total fees for the General Plan amendment ($5,000), rezoning review ($14,745), tentative subdivision map review ($2,850), and for the final development plan ($3,500).

Five days after project approval, the developer is expected to pay the California Department of Fish and Wildlife a CEQA filing fees of $3,078.25 and a $50 processing fee with the county clerk.

Once the project is completed, Contra Costa County estimates to draw $864,416 in yearly tax revenue from the development, an increase from the estimated $14,000 a year in tax revenue that the county now draws.

For more information on the project, visit http://www.cccounty.us/5195/Saranap-Village and http://saranapvillage.com/.

For Ecosystem Improvement and Emergency Response Benefits  

With $2.7 billion available in state funding available for water storage projects, Contra Costa Water District (CCWD) is working with partners to secure over $400 million to pay for public benefits of expanding the Los Vaqueros Reservoir.  State funding could help build storage and other facilities that would provide substantial ecosystem and water supply reliability benefits.

Los Vaqueros Reservoir, in Brentwood, is owned and operated by CCWD.  Efforts have been underway, with potential partners, to evaluate a Phase 2 expansion of Los Vaqueros from 160,000 acre-feet to 275,000 acre-feet. An expanded reservoir could provide varying levels of benefits for local partnering agencies, while maintaining all the existing benefits in which CCWD’s customers already invested.

“CCWD and its customers benefitted greatly from Los Vaqueros in the last drought and continuously benefit from the improved water quality the reservoir provides,” said CCWD Board President, Lisa Borba.  “The potential expansion of Los Vaqueros into a regional facility presents a significant opportunity for our customers, the environment and local agency partners.”

More storage capacity and additional pipes to move water directly to partners could bolster preparedness for droughts, increase water deliveries to wildlife refuges, and provide additional Delta ecosystem improvements.

Potential beneficiaries include local water agencies and Central Valley wildlife refuges.  While an expansion cannot meet every water service need for all agencies, it would give partners an additional tool to help deal with droughts and other challenges.  An expansion will depend on a combination of local, state and federal investments – state funding is one component.

State funding for water storage projects will be administered by the California Water Commission.  Only public benefits can qualify for the state funding approved by voters when Proposition 1 passed in 2014.  CCWD has submitted an application on behalf of the potential partners for $434 million to fund the public benefits of the $914 million expansion project (estimated in 2015 dollars).

The majority of the public benefits would come by way of reliable water supplies for wildlife refuges that provide critical habitat for migratory birds and many other species dependent on the last remaining wetlands in the Central Valley.  Additional public benefits include emergency response, fisheries protection, and recreation associated with an expanded reservoir.

The California Water Commission will be reviewing all applications for the Proposition 1 funding, with a preliminary eligibility and funding decision scheduled for June 2018.

For further information about the project and application, or to provide comments, please visit: www.ccwater.com/lvstudies.

Alejandro Saro. Photo by Concord Police.

Sentenced to 25 years to life in state prison

In April, 2016, the Concord Police Department investigated a report of a child molestation that occurred at La Clinica dental office on Sierra Road in the City of Concord. The eight-year-old female victim told officers that a male dental assistant sexually assaulted her and that he video recorded the incident while he committed the crime. Special Victims Unit Detectives were notified and quickly identified the suspect as 24-year-old Alejandro Saro, from Antioch, CA.

During the investigation, detectives reviewed patients’ records from four different dental offices where Saro had worked which led to the identification of four other female victims between the ages of 5 and 13 years old. Saro was employed as a dental assistant at La Clinica Monument in March of 2015. He was also employed by Patino Orthodontics and Western Dental, both in Concord – and a branch of Western Dental in Antioch.

The investigation also uncovered evidence that all five of the victims had been assaulted by Saro while they were under sedation for various dental procedures. Saro was arrested by detectives and the case was turned over to the Contra Costa County District Attorney’s office. The DA’s Office charged Saro with multiple counts of child molestation. He remained in-custody with bail set at $8.1 million dollars.

Saro was due to appear in court this week to stand trial, however, SVU detectives received notification from the Contra Costa District Attorney’s Office late Sunday night that Saro had pled guilty to five counts of felony child molestation; one count for each victim.

It is not uncommon for perpetrators who commit such horrendous crimes to reach a plea bargain agreement rather than face all of the evidence against them in front of a jury of peers. Based on the thorough investigation conducted by the SVU detectives and the mounds of evidence they uncovered and piled against Saro, including numerous videos, it is presumed that he voluntarily accepted responsibility for his actions with this agreement. Saro will now appear in front of a Contra Costa County Superior Court judge for sentencing on Friday, September 22, 2017, in Martinez, where he will be sentenced to 25 years to life in state prison.

At about 3 PM this afternoon, Lafayette police officers responded to a report an industrial incident at a worksite on the 800 block of Avalon Avenue in Lafayette. Officers were later informed that a person who was driving a forklift was trapped. 

The fire department also responded and later pronounced the victim deceased. The 35-year-old man is not being identified at this time pending next of kin notification. 

Cal/OSHA responded to the scene. The investigation is ongoing by Cal/OSHA and Lafayette police. Anyone with any information is asked to contact the Lafayette Police Department at (925) 283-3680.

The Board of Supervisors is encouraging input from the public during this process.  A public forum will be held tonight, Tuesday, August 15, at 6:00 p.m.   The meeting will be in the Board Chamber at 651 Pine Street in Martinez.  Beginning at 5:00 p.m., there will be an hour reserved for public comment. During that time, you can also submit written comments to be entered into the public record.  If you have a question you would like to suggest for the forum, you will have an opportunity between 5:00 p.m. and 6:00 p.m. to do so. Volunteers from the League of Women Voters will be on hand to assist in collecting the question cards.  During a break in the forum, the moderator will have the ability to choose audience-submitted questions to ask during the second half of the event.  

The forum will be televised live on CCTV, as well as streamed live on this website.  CCTV can be watched on Comcast Channel 27, Wave Channel 32, and AT&T U-Verse Channel 99.

See more at http://www.contracosta.ca.gov/6807/District-Attorney-Recruitment-Informatio