Contra Costa Herald

HIGHWAY LANE CLOSURES:

There will be highway lane closures in the westbound direction of State Route 4 between Somersville Road/ Auto Center Drive and Railroad Ave. on Monday through Friday from 11:00 am to 7:00 pm.

There will be highway lane closures in the eastbound direction of State Route 4 between Bailey Road and the State Route 4 / State Route 160 connector ramp on Monday through Friday from 4:30 am to 12:00 pm.

There will be highway lane closures in the eastbound direction of State Route 4 between L Street / Contra Loma Boulevard and the State Route 4 / State Route 160 connector ramp on Monday through Friday from 11:00 pm to 6:00 am.

There will be highway lane closures in the westbound direction of State Route 4 between L Street / Contra Loma Boulevard and the State Route 4 / State Route 160 connector ramp on Monday through Friday from 9:00 pm to 4:00 am.

LOCAL STREET CLOSURES:

There will be lane closures in the eastbound and westbound directions of Larkspur Drive between Hillcrest Avenue and Wildflower Drive on Saturday through Friday from 9:00 am to 3:00 pm and 7:00 pm to 6:00 am.

There will be lane closures in the northbound and southbound directions of Hillcrest Avenue between Larkspur Drive and Sunset Drive on Saturday through Friday from 9:00 am to 3:00 pm and 7:00 pm to 6:00 am.

There will be lane closures in the northbound and southbound directions of A Street/Lone Tree Way between Rossi Avenue and E. Tregallas Road on Saturday through Friday from 9:00 am to 3:00 pm and 7:00 pm to 6:00 am.

There will be lane closures in the northbound and southbound directions of Somersville Road / Auto Center Drive between Delta Fair Boulevard and Century Boulevard on Saturday through Friday from 9:00 am to 3:00 pm.

For questions or comments please send e-mail to info@4eastcounty.org.

The Sugartown Festival is sponsored by the Crockett Chamber of Commerce and is celebrating its 8th year.  It is held the third Sunday of July, this year July 17th from 11:00 a.m. to 6:00 p.m.

It is a great outdoor music festival and street fair.  It is family friendly, has great arts and crafts, food, beer, wine and live entertainment.  Stroll through a shady street, enjoying the food and wine, shopping the great arts and craft vendors while enjoying wonderful music, with two stages to choose from.

The Sugartown festival features two stages with well known artists.   Seating and dancing spaces are available.

Lagunitas Brewing Company is the choice beer at the Lagunitas beer gardens.  Wine and icey cold Margaritas are also sold to quench your thirst.

See the Arts Calendar at AC5.org for more information.

FContact the Crockett Chamber of Commerce at either P.O. Box 191, Crockett, CA 94525 or by calling 510-787-1155.

Steve Barr

Today, Thursday, July 14, 2016, the Contra Costa County District Attorneys’ Association announced their endorsement of Steve Barr for County Supervisor in District 3.

The District Attorneys’ Association represents more than 75 Deputy DA’s who serve our community as prosecutors in the District Attorney’s office.

Aron DeFerrari, the group’s president, said the decision came down to Steve’s direct and open style, as well as his financial skills.

“Steve is very honest and tells you exactly how it is,” said DeFerrari. “We don’t always agree on everything. But we think his direct and open style is going to make him a great partner as we work on a lot of tough public safety issues.”

“Having a small business owner who understands finances and has a track record of using public money responsibly, was also very attractive to us,” DeFerrari continued. “We don’t have unlimited resources and need leaders who can make sure our public safety officers and prosecutors have enough money to do their jobs effectively. Steve Barr has our full trust.”

Barr said the endorsement was great news.

“Their vote of confidence means a lot and the role of prosecutors play in the county is vital,” he said. “I really look forward to working with them throughout this campaign and beyond.”

Barr, who was the top vote getter in the primary, is currently in the runoff election that will be held November 8^th. As a Brentwood City Councilman he has made public safety a top priority, and his campaign already has the support of the Brentwood Police Officers’ Association.

Please visit www.SteveBarrForSupervisor.com for more information about the campaign and www.ContraCostaProsecutors.com for more information about the District Attorneys’ Assocation.

On July 7, 2016, a Grand Jury in Contra Costa County indicted twenty-seven year old Danville resident Nickolas Robert Thurston on charges he distributed and possessed child pornography, conspired to access protected computer systems and used the identities of multiple women in an attempt to unlawfully gain access to their “cloud” computer accounts.

Following indictment, Danville police arrested Thurston at his home on July 12, 2016 and he is currently in the custody of the Contra Costa County Sheriff with bail set at 1.5 million dollars.  Thurston will make his first appearance in court on July 12, 2016 in front of the Honorable Patricia Scanlon.

The indictment alleges that between January 1, 2016 and May 24, 2016, Thurston conspired with an unnamed co-conspirator to unlawfully access the protected “cloud” accounts of women and girls that he knew in an attempt to gain revealing photographs of them and distributed their personal information in order to further the plan.  The indictment further alleges that Thurston operated a website to distribute child pornography and directly distributed images of a nine-year-old girl engaged in sexual activity via email.

On May 24, 2016, investigators from the Contra Costa County Internet Crimes Against Children Task Force served a search warrant on Buena Vista Drive in Danville.  During the course of that search warrant service, investigators developed probable cause to arrest Thurston and numerous items of evidence were seized from his house.

Thurston has been indicted on two counts of distribution of child pornography in violation of California Penal Code 311.2(c), one count of possession of child pornography in violation of California Penal Code 311.11(a), four counts of identity theft in violation of California Penal Code 530.5(a), three counts of accessing or attempting to access a protected computer system to steal files in violation of California Penal Code 502(c)(1) and conspiracy to commit computer theft in violation of California Penal Code 182(a)(1).

The maximum penalty for the above charged offenses is approximately five years and a requirement to register as a sex offender.  An indictment is an allegation that a crime has occurred and all charges must be proven beyond a reasonable doubt.  All defendants are considered innocent until proven guilty.

By Allen Payton

In June, the BART Board voted 9-0 to place a $3.5 billion bond measure on the November ballot to provide funding for repair and maintenance of and upgrades to the existing system. The measure will appear on ballots in the three counties of Contra Costa, Alameda and San Francisco that make up the BART District, and requires a two-thirds vote to pass.

The system improvements will take 21 years to complete, according to the brochure about the measure. To see the brochure, click here: BetterBART_Brochure

“BART anticipates that the 2016 System Renewal Program Plan will be implemented over the course of twenty-one years, commencing in Fiscal Year 2017 and concluding in Fiscal Year 2038. Projects will be accelerated as practical to maximize the benefit of planned improvements as quickly as possible.”

However, the bonds will take as long as 50 years to pay off.

“We’re not likely to sell $3.5 billion of bonds in the first year or even the first 10 years,” stated BART Director Joel Keller, who represents Concord and Eastern Contra Costa County.  “There are laws that you spend bond proceeds before you issue more bonds. What we’ll do is sell the bonds in what’s called tranches. Let’s say the first tranche is $1 billion and it takes us five to 10 years to spend that money. That tranche will last 30 years. If we do that three or four times, that could take the final payment out years. That’s really an unknown. It could take 40 to 50 years. It will be 30 years after the last bond is sold.”

According to a BART press release, “Estimates show the bond will cost Alameda, Contra Costa and San Francisco county homeowners less than a pack of gum a week.” More specifically, the cost will increase the average property tax bill by $37.21 per year in Contra Costa County if the measure is approved, according to Keller.

The annual cost is based on the appraised of property values, both residential and similar to the BART earthquake retrofit bond measure, which is what property owners are currently paying on the property tax bills.

For the BART earthquake safety measure, which voters approved in 2004, the projected annual cost was between $4.85 and $12.65 per $100,000 of assessed value. However, the actually cost was $2.60 to $9 per $100,000 of assessed value.

“It’s an ad valorem tax with a fixed cost to pay off the bonds,” Keller explained. “So, if property values increase, the cost per $100,000 decrease.”

The 2016 bond measure is projected to cost $8.98 per $100,000 of assessed value. So a property in Contra Costa County with an average value of $414,399 will be assessed $37.21 per year.

Use of Bond Proceeds

The use of funds from the bond measure is split into two categories, according to the BART System Renewal Program Plan 2016.

Repair and Replace Critical Safety Infrastructure – $3.165 billion, 90.43%

“We want to upgrade our computer equipment from Pong-era technology to a modern train control system—which means less waiting for trains on crowded platforms and less frustration from delays. New maintenance facilities will keep the maximum number of cars out serving customers, so that fewer cars clog our congested highways,” from “The Plan” brochure about the measure.

This category is further divided into six sub-categories, with explanations in the brochure.

Renew Power System – $1.225 billion, 35%

Replacing Worn Track – $625 million, 17.85%

Waterproofing & Repairing Tunnels & Structures – $570 million, 16.29%

Modernizing & Replacing Train Control – $400 million, 11.43%

Renovating Stations – $210 million, 6%

Renewing Mechanical Infastructure – $135 million, 3.86%

Safer Station Access – $335 million, 9.57%

Design Future Projects to Reduce Crowding & Reduce Traffic Congestion – $200 million, 5.71%

Expand Opportunities to Safely Access Stations – $135 million, 3.86%

The bond measure brochure clearly states No general operating expenditures: The proceeds of the bond measure cannot be used to support BART’s general operating needs, but must be dedicated to the capital program outlined in this Program Plan.” Therefore none of the funds can be used for employee salaries or benefits.

According to a press release from BART:

The bond measure is a key funding component of BART’s plan to rebuild and renew its aging system, which faces increasing problems as various physical parts of the 44-year-old railway reach the end of their useful lives.  The plan replaces and repairs 90 miles of deteriorating tracks and other aging infrastructure in order to maintain BART’s excellent safety record and protects our environment by keeping thousands of cars off the road.

“This bond measure is practical; it’s dedicated to fixing what we have,” said Board President Tom Radulovich. “We have a responsibility to keep our system safe and reliable while getting the maximum value out of taxpayers’ investment.”

Over the past year, BART’s community outreach department has held over 230 community meetings with local stakeholders and civic groups to ensure widespread understanding of BART’s needs, and to hear the public’s thoughts about its capital reinvestment program.

Due to record-breaking ridership, BART has been able to find funding for many of the solutions needed to increase capacity, meet modern demand, relieve crowding, and upgrade the system.  That includes the newly arriving Fleet of the Future, the Hayward Maintenance Complex, and some of the groundwork for a cutting-edge train control system.

However, the cost of the capital projects needed to repair, fix, and replace worn rail, leaking tunnels, unreliable track circuitry, and failing power transmission equipment outpaces revenue growth.  BART’s plan is to dedicate funds from the bond measure solely to fixing what we have first – without earmarks, pet projects, or frills.

If voters choose to pass the measure in November, great care will be taken to ensure the public’s money is protected and spent wisely.  An independent audit committee will be commissioned to publish regular, transparent reports on how the money is being spent, with open, frequent and public meetings.

BART has proven itself to be a prudent and effective steward of public bond funds in the past, executing its 2004 Earthquake Safety and Retrofitting effort under budget with better and more robust results than expected.

Public transportation continues to be at the intersection of many of the great issues facing cities in the 21st century – and voters were wise in choosing to build such an extraordinary work as BART back in 1962.  Since then, BART has been a staple of this region’s culture, workforce, and values. As both riders and service providers, BART appreciates and is deeply grateful for the opportunity to connect residents to the people and places they care about.

Kerry Hamill, Government Relations Manager for BART offered additional comments regarding the cost and length of the bond measure, in response to an editorial by Dan Borenstein published in the East Bay Times:

The East Bay Times editorialist’s headline – that our bond measure will cost double what we are saying – is flatly incorrect, a conclusion drawn from a selective interpretation of our analysis. In order to assist BART’s Board of Directors in making an informed executive decision, a variety of scenarios were created with different variables relevant to particular presentations. The East Bay Times piece incorrectly appropriated data from these scenarios, resulting in an inaccurate characterization of the bond’s effects. BART has long taken care to illustrate the repayment structure of this bond in a standardized way; we have been doing so through all our exhibits and resolutions since the Board discussions began in earnest this past February.

The editorial also takes issue with how staff described the bond to the Board of Directors and the public, claiming we provided inaccurate information out of either incompetence or deceit – a charge which has absolutely no merit. Bonds are issued over time in subsets called tranches, each lasting 30 years (hence the name ’30-year bond’). This is done to coordinate the timing of bond issuance as closely as possible with construction progress payments, which minimizes interest costs and keeps the annual tax rates as low as possible – a prudent and responsible financial management practice. The editorialist was given this point of clarification multiple times as he repeatedly misrepresented the meaning of a ’30-year bond’ to mean the total span of time property owners would be paying – a false claim BART has never made. We were disappointed to see the author’s misunderstanding make the final printing, despite our best efforts.

The bond measure is projected to cost between $0.80 and $17.49 per $100,000 of a property’s assessed value, for a weighted average of $8.98 per $100,000 over the life of the bond – and for further explanation, that minimum and maximum range is based on the structure of BART’s projected debt service. The editorial’s repeated point that BART made a mathematical error in not compounding the increase in AV is also flatly incorrect, based on a misunderstanding of how the cost of bonds increase or decrease over time. The more the District’s assessed value increases (as housing supply, ownership changes, improvements increase), the lower the rate property owners would pay as the cost is spread over a larger base of assessed values. Furthermore, our models and estimates are built on the assumption of a 4% yearly increase in assessed value. $3.5B Scenario C Tax Rate At 4% AV Escalation

This is not our first bond – when the Earthquake Safety measure went before voters in 2004, the District projected that rates would vary between $4.85 to $12.79 per $100,000 of a property’s assessed value. Since approval, the actual annual cost has ranged between $2.60 (current year) and $9.00 per $100,000 of assessed value. Contrary to popular opinion, we have a proven track record of responsible fiscal stewardship. $3.5B Bond Financing

Concerned property owners are encouraged to do their own math for the sake of accuracy: $8.98 per $100,000 of assessed property value. When we provide averages for particular scenarios, we run the risk of appearing to conceal changes in amounts due to the many variables that can be introduced. Our goal is to provide people with a general understanding of a complex issue based on the best information available, which we have done and will continue to do. We are a transparent organization with deep ties to the community, and have held hundreds of meetings to ensure people understand what this bond is and how it will work. In that vein, we appreciate the opportunity to draw attention to our plan to rebuild the core of the BART system for improved safety, reliability, and traffic congestion relief.

Complete details of what is in the bond and how it relates to safety, reliability, and relief of traffic congestion can be found at bart.gov/betterbart.

Guns, drugs and cash seized from Antioch home on Thursday. photo courtesy Office of Contra Costa County Sheriff.

On Thursday morning, July 7, 2016 at about 11:00 a.m., Detectives from the Contra Costa County Office of the Sheriff Special Investigation Unit, assisted by the Contra Costa County Anti-Violence Support Effort (CASE) team, served a search warrant at a home on the 4500 block of Elkhorn Way in Antioch.

During the search, detectives seized approximately one pound of heroin, methamphetamine, MDMA (ecstasy), and marijuana in sales quantities. The value of the drugs is estimated to be about $30,000.

There were also seven firearms seized, to include one shotgun, two assault rifles with hi-capacity magazines and four handguns, two of which were stolen. Detectives also recovered a stolen motorcycle. In all, over $76,000 in cash was seized.

Two people were arrested at the scene: 40-year-old Michael Green and 30-year-old Joseph Lowery. Both lived at the residence. They were both booked into the Martinez Detention Facility on various charges that include possession of a narcotic controlled substance for sales, maintaining a place for the purpose of selling drugs, possession of drugs while armed with a loaded firearm, possession of stolen property, and child endangerment.

Green is being held in lieu of $430,000 bail; Lowery’s bail is set at $340,000.

Elections Division officials discover 113 voters successfully cast two ballots in June election

As a result of an emergency accommodation to the California Secretary of State’s office, the Contra Costa County Elections Division has discovered that 113 registered voters voted twice and had both ballots counted during the June 7th Presidential Primary Election.

The Contra Costa Elections Division plans to send those voter fraud cases to the Contra Costa District Attorney’s office, Registrar of Voters Joe Canciamilla said.

Elections Division staff will also send recommendations to the Secretary of State’s office requesting a change in their practices for surrendering vote-by-mail ballots.

Contra Costa County’s long standing practice in administering state Election Code 3016 has been to issue provisional ballots to all vote-by-mail voters who surrender their ballots at a polling place. Part of the reason this practice is in place is to prevent voter fraud.

The process of surrendering a ballot as it is currently written does not provide a means of detecting or preventing this type of fraud until it is too late.

The County is urging Secretary of State Alex Padilla to seek urgency legislation or work with counties to eliminate this vulnerability in the election process for the November election.

On Saturday, July 2, 2016 at about 7:15 PM, the Contra Costa County Office of the Sheriff was notified by John Muir Medical Center in Walnut Creek that one of their patients, who was severely injured, was the victim of a battery that occurred in Rodeo earlier in that day, as well as the previous day.

Detectives from the Investigation Division made contact with the suspect, who was interviewed. 56-year-old Michael Endicott of Hercules was later booked into the Martinez Detention Facility on felony battery charges and a probation violation.

The victim, identified as 69-year-old Ronald Kemp of Rodeo, died on Sunday at the hospital. Endicott’s charges now include homicide. He is being held without bail.

Anyone with any information on this incident is asked to call the Office of the Sheriff Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call 866-846-3592 to leave an anonymous voice message.

Congressman Mark DeSaulnier speaks with FBI Director James Comey at the House Oversight & Government Reform Committee hearing on Oversight of the State Department. photo provided courtesy of Office of Representative Mark DeSaulnier

Washington, DC — Today, (Thursday, July 7, 2016) Congressman Mark DeSaulnier (D, CA-11) issued the following statement on FBI Director James Comey’s testimony before the Oversight & Government Reform Committee.

“FBI Director Comey clearly demonstrated that the extensive, 12-month investigation of Secretary Clinton’s emails did not warrant prosecution.

For the Republican presidential nominee, who immediately and outrageously claimed the entire system is rigged, we doubt he is aware that Director Comey was first appointed during the Bush Administration. Today’s hearing assured the country they can, and should, have confidence in public officials, like FBI Director Comey, who put the best interests of America and the U.S. Constitution ahead of partisan politics and self-aggrandizing.

While there is no doubt Director Comey made the only appropriate decision given the facts, the Oversight & Government Reform Committee and Congress need to review lessons learned from Secretaries Powell, Rice and Clinton, and clarify best practices for communications and data security.  Moving forward, the rules should be crystal clear to the Secretary of State and every State Department employee.”

According to a news report on Politico.com, “During an extended exchange with Rep. Trey Gowdy (R-S.C.), Comey affirmed that the FBI’s investigation found information marked classified on her server even after Clinton had said that she had neither sent nor received any items marked classified.

“That is not true,” Comey said. “There were a small number of portion markings on, I think, three of the documents.”

Asked whether Clinton’s testimony that she did not email “any classified material to anyone on my email” and “there is no classified material” was true, Comey responded, “No, there was classified material emailed.”

“Secretary Clinton said she used one device. Was that true?” Gowdy asked, to which Comey answered, “She used multiple devices during the four years of her term as secretary of state.”

Gowdy then asked whether it was true that Clinton, as she said, returned all work-related emails to the State Department.

“No, we found work-related emails, thousands that were not returned,” Comey said.

Attempts to reach DeSaulnier asking for a comment on Comey’s testimony that portions of Secretary Clinton’s previous testimony before his committee were untrue, were unsuccessful.

The Contra Costa District Attorney has filed eight felony counts of grand theft by fraud and embezzlement against Quyen Tran, age 60, and his wife, Mai Han Tran, age, 56, both of Antioch, for conducting a Ponzi scheme that lasted over four years. The total loss to eight victims was $256,000.

Quyen “Tony” Tran and Mai “Lisa” Tran, made friends with the victims in the Vietnamese church and social community. Mai Tran invited the victims over to her house in Antioch for a social event, but once there, Quyen invited the victims up to his office and told them of his 25 years of investment experience, his investment savvy,  and how he could make a lot of money for them through his investments skill.

He told one victim that he had an inside line on a Pharmaceutical company IPO, that was later found to be non-existent. The victims were impressed by Quyen’s lavish lifestyle and expensive jewelry and cars and his perceived financial acumen and appearance of wealth. Victims believed him when he told them he never lost any money. The investments, primarily in cash, ranged from $4,000 to $156,000 and the agreements were all verbal.

In this classic Ponzi scheme, instead of investing their money, Tran used the victim’s money for personal expenses, and to maintain his lavish lifestyle, and to pay dividends to early investors, in order to keep the illusion that he was making money in order to attract new investors. When some of the victims demanded their money back after receiving nothing after several months, he told them it was a loan, or that the money was generating returns and was locked up and if he returned money it would be taxed at 45% tax rate. He told other victims that he had lost their money and his bank accounts were frozen. When the victims demanded proof that he had purchased stock, he never provided any. Tran did engage in some minor day-trading, but lost money in 4 of 6 years. In the two years that he made a small profit, he never returned any money to the investors. But Tran continued to tell new investors that he never lost any money.

A forensic accountant and an investigator found that there were several victims from years beyond the four year statute of limitations who lost money to Tran, but these victims never went to the police, because of the cultural shame and distrust of the police.

In addition to the eight counts of fraud, both Trans are charged with money laundering, conspiracy, sale of unlicensed securities and a white collar enhancement of stealing over $100,000. The District Attorney also filed a Temporary Restraining Order and a Lis Pendens on the Tran’s residence which has some equity that could be used to pay restitution.

An arrest warrant has been issued for the Tran’s arrest. If you have been a victim of the Trans in the past ten years, please contact Inspector Al Cofer at the District Attorney’s office at 925-957-8761.