Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Fatal auto vs. bicyclist collision in Concord early Wednesday morning

By Leave a Comment

By Sergeant Adam Hart, Concord Police Traffic Bureau

On Wednesday, July 11, 2018 at 12:05 AM the Concord Police Department received a call regarding an auto vs. bicyclist collision on San Miguel Road near Systron Drive Officers arrived on-scene along with medical personnel from the Contra Costa County Fire Protection District.

The bicyclist was pronounced deceased at the scene. The bicyclist was identified as a 60-year-old male from Concord. The identity of the deceased bicyclist is not being released at this time pending notification of next of kin by the Contra Costa County Office of the Coroner.

The driver of the vehicle is a 57-year-old male from Antioch. He remained at the scene and was the caller who called in the collision. He is cooperating with the investigation. He was not injured during the collision.

Alcohol/drugs are not believed to be a factor in this collision at this time.

The cause of the collision is still under investigation. Preliminary investigation has revealed that both the vehicle and the bicyclist were travelling south on San Miguel Rd. at the time of the collision.

San Miguel Road between Systron Drive and the entrance to 1080 San Miguel Road was closed for approximately 3.5 hours to perform roadway measurements, collect evidence, and conduct the investigation.

Additional details are not being released at this time.

Anyone with information or who may have witnessed this collision is encouraged to contact Officer Lawrence at (925) 671-5097.

Director says XO Music Festival lost $500,000 due to cancellation

By Leave a Comment

The planned headliners for the now cancelled festival.

By Luke Johnson

The XO Music Festival wasted an estimated $500,000, according to Director Sami “Styles” Habib.

The three-day event was canceled because World Class Entertainment did not provide proper insurance by this morning’s deadline, according to Joe Brengle, CEO of Contra Costa Event Park.

“We are the ones who are victimized here,” Habib said.

He added that his party supplied multiple sources for insurance, but they were rejected by Contra Costa Event Park. However, Brengle said those insurance agreements did not fulfill the park’s requirements.

The XO Music Festival faced several allegations online of being a scam over the past few weeks.

However, Brengle disagrees with those accusations and said the event’s management team was guilty of being too ambitious.

“I believe it wasn’t a scam,” he said. “I think they bit off more than they could chew.”

Brengle added that the negative media attention toward the event had nothing to do with its discontinuation.

The event organizers billed 100-plus artists — with marquee names such as T.I., Ludacris, Bone Thugs-n-Harmony and the Bay Area’s own Mistah F.A.B. — to perform on seven different stages throughout the park. It also advertised stand-up comedy, carnival rides, roller skating and a foam pit, among other activities.

Habib said ticket sales were much lower than expected, but buyers were instantly refunded through the ticket agency, GrowTix.

Initially, Habib said the music festival lost approximately $750,000, but later said $500,000 was a more accurate number. He then said the financial loss was “definitely” in the six figures. He declined to comment when asked who provided those funds.

Brengle confirmed that Contra Costa Event Park kept $27,500 from the full rental agreement. He explained that money was already spent in preparation for this festival and it was too late to book another event for this weekend.

Habib is facing real estate fraud charges under the name Habidulla Qidar, according to CBS. He and his brother were identified by Fremont Police for being arrested in February involving a fraudulent home rental scheme.

Regarding the event’s authenticity, many people expressed concerns online about some artists’ performing schedules. Both Ludacris and Bone Thugs-n-Harmony are promoted for the Chalice Festival in Southern California this weekend. However, Habib said musicians often book two shows in one day and it was requested by their agencies.

Habib said he plans to eventually produce the XO Music Festival, but at a new location.

County, City of Pittsburg launch Keller Canyon Landfill radiation disposal Investigations

By 2 Comments

Keller Canyon Landfill. Photo courtesy of Comanco.

By Daniel Borsuk

Contra Costa County supervisors learned the City of Pittsburg is about to launch its own investigation into whether radioactive contaminated soil or material that may have been illegally deposited at Keller Canyon Landfill from the decommissioned Hunters Point Naval Shipyard and could potentially have spoiled underground water and air in the vicinity of the landfill.

The city’s investigation, according to Pittsburg Environmental Affairs Manager Laura Wright will be independent of the $150,000 study that the Contra Costa County Health Services Department will fund through Keller Canyon Mitigation funds.  The county health department study will be confined to whether radioactive materials were illegally deposited at the landfill off Bailey Road from the Hunters Point Naval Shipyard.

So far, city of Pittsburg officials pinpointed $10,000 to pay for its study, but do not know what the total cost of its study will be or how it will be entirely paid, Wright told supervisors.

In all likelihood, the city will tap the state for additional funds, but did not identify specific sources, said District 2 Supervisor Candace Andersen of San Ramon.

District 5 Supervisor Federal Glover of Pittsburg mentioned Pittsburg could tap Keller Canyon Mitigation funds.

“We want to go and assure the public there is no risk,” Wright said.  She said the city is responding to citizen concerns about potential health risks related to landfill management practices based on angry citizen reaction from a community meeting at the Ambrose Community Center on June 28.

In the meantime, the county will tap into the Keller Canyon Mitigation Fund to hire a consultant to conduct a study into whether radioactive material has been illegally dumped in the landfill off Bailey Road.

There have been at least two reported incidents one in June 2014 and another in February 2015 when truckloads of radioactive material or soil left the former San Francisco naval shipyard and were caught before the material/soil was dumped onto the Pittsburg landfill.

Lisa Dela Rosa questioned the county’s use of Keller Canyon Mitigation funds, which emanate from landfill operator Republic Services, to pay for the landfill study.  “Would this be an illegal use of funds?” she asked.

County Counsel Sharon Anderson said it is appropriate for the county to tap into the mitigation fund to cover cost for the landfill study.

“We are not going to wait to determine who is going to pay for this study,” said District 5 Supervisor Federal Glover of Pittsburg.  “If necessary we’ll recoup the costs from the operator or the Navy.  We want to assure the public that there is no risk in place.’’

Supervisors Prepare to Pass Commercial Cannabis Tax Measure for Voters

Supervisors set the stage to formally adopt at their July 17 meeting a general tax ordinance on commercial cannabis activities.  If it is adopted, as it is expected to occur after supervisors unanimously passed the tax ordinance with scant public opposition at their Tuesday meeting, voters will get a chance  to approve or reject the measure at the upcoming Nov. 6 election.

Should the ordinance get the final send off from the supervisors at next Tuesday’s meeting and county voters pass the measure in the fall, the tax measure would take effect on Jan. 1, 2019.

Tax rates would vary based on the type of cannabis business one is engaged in.  For instance, the initial tax rate for an indoor cultivator would be $7 per foot and would become $10 per foot at the maximum tax rate.  For a distributor the initial tax rate would be 2 percent of the gross receipts and the maximum rate would be 3 percent of the gross receipts.  For a retailer the initial rate would be 4 percent of the gross receipts and the maximum rate would 6 percent of the gross receipts. Other tax rates are listed for testing, manufacturing, and cultivators (i.e. nursery, greenhouse, outside).

First 5 executive director Sean Casey supported the tax ordinance proposal saying, “This will not be a significant amount of money to start, but it’s a first step.”  Nonprofit educational organizations like Casey’s program and other social welfare and health organizations are expected to be monetary beneficiaries of the cannabis tax measure should it go into effect.

John Thiella of JGP Associates and representing cannabis businesses cautioned supervisors. “Lower taxes.  Suspend action on the taxes until 2021,” he said.

Stand Together Contra Costa Progress Report

A year after the board of supervisors awarded a $500,000 grant to the Stand Together Contra Costa, a nonprofit organization designed to defend immigrants under the eye or arrest of the United State Immigration and Customs Enforcement (ICE), the board received and approved as a consent item a progress report.

Some of the STCC’s activities include: Conducted 582 immigration consultations; completed 35 intakes for legal representation; represented/representing 310 people in bond and removal proceedings; recruited and trained 108 volunteers as legal observers; reported, observed, verified 19 incidents of reported ICE activity; and launched a 24/7 hotline (925) 900-5151.

Contra Costa Event Park cancels XO Music Festival planned for this weekend in Antioch

By Leave a Comment

A promotion for the now cancelled XO Music Festival planned for this weekend in Antioch.

In a press release from Joe Brengle, CEO of the Contra Costa Event Park (fairgrounds) today, he stated, “Due to the promoters’ lack of fulfilling contractual obligations between the Contra Costa Event Park and World Class Entertainment, Event Park Management in the best interest and safety of our facility, event attendees and the City of Antioch we have no choice but to cancel the XO Music Festival scheduled to take place at the Event Park July 12 – 15, 2018.”

According to event organizer Sam Styles, a nickname for Sami Habib, the fairgrounds informed him at 8:00 a.m. today that their insurance was denied and that it was done “by another office.” He also said the Event Park will not refund their deposit.

All refund inquiries should be directed to the event promoter: World Class Entertainment, Inc. 39962 Cedar Blvd. #279, Newark, CA 94560, Attn: Sami Habib, sams@xoxomusicfestival.com or info@xoxomusicfestival.com.

Please check back for updates.

Allen Payton contributed to this report.

County Sheriff cancels contract with ICE at West County Detention Facility

By Leave a Comment

The West County Detention Facility in Richmond. File photo

Contra Costa County Sheriff David Livingston announced, today the end to the county’s contract to hold Immigration and Customs Enforcement (ICE) detainees at the West County Detention Facility in Richmond. He was joined at a press conference by Board of Supervisors Chair Karen Mitchoff and Vice Chair John Gioia, in whose district the facility is located.

Following is the Sheriff’s complete statement:

“Today I am announcing that I am ending the contract with ICE to hold detainees at our dormitory buildings on our Richmond jail facility,” he said. “I recently notified ICE of this decision and asked them to begin the process of removing their detainees in a safe and orderly manner. The contract requires 120-day notice and they have told me they will try to resolve as many open-ended immigration cases as they can during this period of transition.

To be clear, the Sheriff’s Office does not do immigration enforcement. In fact, our policy prohibits it. These detainees are not arrested for immigration violations by us or any other law enforcement organization or agency in the county. They were instead persons ICE brought to us under the terms of the contract from all over Northern California and beyond.

There is not one single over riding issue that causes the termination of this contract. Instead there are many. And I am not here to comment on ICE’s enforcement policies or any of their federal partners’ policies. Instead I want to explain the reasons why we are cancelling the contract.

First, we have held an average of about 200 adult detainees a day. And that has generated about $2.5 – 3 million dollars in annual revenue. That revenue varies year to year. Losing it would likely result in the lay-off of Deputy Sheriffs and that was something I was unwilling to do. Instead, working closely with the Chair and Vice-Chair of the Board, and ultimately with the full board, we have found a solution that will backfill the expected budget deficit going forward including the use of state funds to minimize the impact on local taxpayers.

Second, the number of detainees constantly fluctuates. We cannot rely on budget projections and ICE could always decide to move their detainees to another facility.

Third, county employee and operating costs have risen over the years, But the reimbursement rate has not. Long term the contract is just not sustainable.

Finally, the outstanding work by the over 1,000 employees of the Office of the Sheriff have been overshadowed by the attention that the ICE contract brings, even though immigration is a matter of federal law. Managing protests in Richmond have become expensive and time-consuming for our staff.

And to be very fair, one must acknowledge a growing chorus of community groups and individuals from both within and outside the county, that have focused on undocumented immigrants’ issues. And they raise important concerns.
Obviously, this action today does not address the larger and more complex issue of federal immigration enforcement. Most of us have compassion for those to come here seeking a better life but we are a nation of laws. And to be sure, those who come here undocumented who commit new crimes while here will be arrested and processed into our jails as they are currently. That will not change.

My number one priority remains and will continue to be keeping Contra Costa County safe.”

Photo by Contra Costa County Sheriff.

Gioia, who has long publicly opposed the contract, spoke forcefully about why the policy was harmful to families and eroded trust with immigrant communities. He thanked both Sheriff David Livingston for ending the contract and the thousands of residents across Contra Costa who joined in calling for an end to the ICE contract.  According to an ABC7 News report “The West County facility currently houses 169 ICE detainees, part of a longstanding agreement that netted the county up to $3 million per year.” 

“This is an historic day in Contra Costa County,” said Gioia. “Sheriff Livingston’s decision to cancel his Federal contract to hold ICE detainees at the West County Detention Facility is an important and positive step to build greater trust with our hard-working immigrant families here in Contra Costa.”

“I appreciate and thank Sheriff Livingston for making this decision,” Gioia continued. I know that thousands of Contra Costa residents countywide also thank Sheriff Livingston for this action.  To the thousands of our county’s residents who have passionately advocated for an end to the detention of immigrants at the West County Jail, thank you. Thank you for your consistent and loud advocacy. Your actions do make a difference. The Sheriff’s decision was based on a number of factors. Your voices were one of those factors. I thank Sheriff Livingston for listening to the opinion of the large number of sincere and passionate residents who believe that our County should not use our local jail to house ICE detainees.”

However, according to the ABC7 report, “Mitchoff opposes canceling the ICE contract, primarily out of concern about where current and future Bay Area detainees might be sent. ‘I’m sorry to be losing the contract,’ Mitchoff explained. ‘Unfortunately, with the closure of this facility, those individuals that ICE is not able to release through the normal process will be sent to other places throughout the United States.’”

“We don’t know ultimately what ICE will do with these detainees,” Livingston said.

Congressman Mark DeSaulnier (D-CA11) issued the following statement after the Sheriff’s announcement.

“Having called for the termination of the contract, I support the Board of Supervisors’ decision and look forward to working with them on making sure the concerns of the community and clients are addressed,” he said.

Following multiple and varying allegations of abuse by ICE agents at the West County Detention Facility, DeSaulnier called for the termination of the County’s ICE contract in March of this year, and he urged U.S. Attorney General Jeff Sessions and California Attorney General Javier Becerra to conduct a third-party investigation of the West County Detention Facility. Contra Costa County is the only of the nine Bay Area counties that has a contract ICE.

Following accusations of mistreatment of ICE detainees, DeSaulnier and Livingston toured the facility, last November and the Sheriff’s investigation found the claims to be unfounded.

Please check back later for updates.

Allen Payton contributed to this report.

Secretary of State candidate from Clayton, Mark Meuser to Kick-Off statewide #ElectionsMatter Bicycle Tour in Martinez, Monday

By Leave a Comment

Mark Meuser cycling up Mt. Diablo as he prepares for his campaign’s statewide tour

Mark Meuser, candidate for California Secretary of State, will be launching a statewide #ElectionsMatter Bicycle Tour, covering 5,000 miles and 100 rallies in all 58 counties, starting in Martinez, Calif., the county seat of his home county of Contra Costa on Monday, July 9.

The kick-off will begin with a rally at Ferry Point near the Martinez marina at noon. Meuser, an avid cyclist, will head to the northern part of the state such as Eureka and Redding, eventually concluding the bicycle tour in Huntington Beach on Thursday, August 23.

“We must take action to eliminate the potential for fraud in our elections in California,” Meuser said. “Right now, we have 11 counties that have more people registered to vote than are eligible. For example, in L.A. County they have 144% voter registration and in San Diego County they have 138% voter registration.”

“Because elections matter, we need someone who will actually follow the law. We need a new Secretary of State and that’s why I’m running,” he added.

Meuser, is a Constitutional and election law attorney running to restore integrity and honesty to the election process in California. He has pledged to clean up the bloated voter rolls by removing those who have died, moved, are registered more than once, or are ineligible to register and vote.

Look for the #ElectionsMatter Express chase vehicle and Mark riding his bicycle, as they roll through the state.

Meuser is available for further interview on this topic at each rally. Please contact Matt Shupe, Meuser’s communications director to book an interview at (415) 735-8491 or Matt@PraetorianPR.com. For more information about Mark Meuser’s #ElectionsMatter Bike Tour, please visit www.markmeuser.com/bike-tour/.

Sheriff’s Deputies investigate Saturday night homicide in El Sobrante

By Leave a Comment

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

On Saturday at about 10:30 PM, Deputy Sheriffs were dispatched to a report of gunshots in the parking lot of a business on the 5200 block of Sobrante Avenue in El Sobrante.

When Deputies arrived, they found a 28-year-old man suffering from gunshot wounds. Deputies performed CPR on the victim who was later pronounced deceased by ambulance personnel. He is not being identified at this time.

Detectives from the Homicide Unit as well as the Crime Lab responded to the scene. The investigation is ongoing.

Anyone with any information on this incident or the identity of the suspect is asked to contact 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.

Rep. DeSaulnier to hold Town Hall on “Protecting Our Environment” in Moraga Monday

By Leave a Comment

Earlier this year, Congressman Mark DeSaulnier (CA-11) asked Contra Costa residents to vote on town hall topics, and environmental protection was at the top of the list. Mark will hold a town hall on “Protecting Our Environment” this Monday, July 2nd at 6:30 p.m. in Moraga.

At a time when California recently experienced one of the driest periods on record, and as storms are intensifying, sea levels are rising, and precipitation patterns are shifting, this town hall will explore the role government plays in protecting our environment.

During the town hall, DeSaulnier will discuss the major environmental laws that protect our air, water, wildlife, and open spaces, and constituents will have the opportunity to ask questions and share thoughts on this important issue.

Protecting Our Environment Town Hall

Monday, July 2, 2018
6:30 p.m. to 8:00 p.m.
Campolindo High School

Multi-Purpose Room

300 Moraga Road,  Moraga
 Doors Open at 6:00 p.m.

DeSaulnier represents portions of Antioch in the U.S. House of Representatives.

San Pablo man found guilty of 2015 torture, violent sexual assault of female victim

By 1 Comment

Branded victim with initial of his nickname

Aleem Niweigha. Photo from his Facebook page posted on June 29, 2015.

By Scott Alonso, Public Information Officer, Contra Costa County District Attorney’s Office

On June 28, a Contra Costa County jury found defendant Aleem Niweigha guilty of three felony counts for torturing his victim by making her strip naked and repeatedly burning his victim with scalding hot water and metal objects he heated on their stove. The defendant also branded the letter “Z” onto her back and violently sexually assaulted her.

Niweigha now faces a sentence of 39 years to life in State Prison. The District Attorney’s Office wants to thank the jury for their work on this domestic violence case. The victim, Jane Doe, suffered immense emotional and physical harm at the hands of Niweigha.

Contra Costa County Deputy District Attorney Nichelle Holmes prosecuted the case on behalf of the People. The jury trial lasted ten days before the Honorable Charles Burch in Department 23 at the Martinez Superior Court. Sentencing for the defendant will occur on July 13.

“Jane Doe displayed tremendous courage by coming forward and confronting her abuser when she took the stand and testified against him. She disclosed extreme physical and psychological torture the hands of the defendant that lasted for years. During this process, we watched Jane Doe transform from a victim to a survivor,” said DDA Holmes. Holmes is a prosecutor in the Community Violence Reduction Unit. She also served as a prosecutor in the Domestic Violence Unit for four years and was the first prosecutor to be co-located at the Richmond Family Justice Center.

In the spring of 2015, a friend of Jane Doe’s called Children and Family Services’ emergency hotline to report concerns about the wellbeing of Jane Doe and her children. In an investigation that also included the Richmond Police Department, significant burns were discovered on Jane Doe’s face, neck and arms. Officials later discovered that Jane Doe had burn marks covering most of her body and a large initial “Z” branded onto her back.

Jane Doe later disclosed that while they lived together, Niweigha repeatedly used boiling hot water mixed with peanut butter and oil to burn her. Before he threw the boiling water on Jane Doe, Niweigha would order Jane Doe to take off her clothes and remain naked while she was burned. Niweigha mixed the hot scalding water with these ingredients to ensure they stuck on Jane Doe’s body. Jane Doe suffered immense burns from her face down to her knees.

In addition, Niweigha used a metal pipe that was heated on the stove to burn the initial “Z” on Jane Doe’s back against her will while she was restrained on his lap. Niweigha’s nickname was “Zeem.” He also burned her with a heated metal screw attached to a stick. On Mother’s Day, Niweigha committed a violent sexual assault against Jane Doe, which resulted in her hospitalization for two days.

Jane Doe was able to obtain services and support from the Family Justice Center. All victims of interpersonal violence (domestic violence, sexual assault, human trafficking, elder/dependent adult abuse and child abuse) can get help by visiting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Ste. 201). DA Holmes believes that it was with this support that Jane Doe was finally able to disclose the full magnitude of the abuse she suffered to Richmond Police Detectives co-located there and break free from the cycle of domestic abuse. Law enforcement officials, Contra Costa County Children and Family Services Division and the District Attorney’s Office were then able to make a case against Niweigha and hold him accountable for these crimes. The District Attorney’s Victim-Witness Assistance Center continues to provide services to Jane Doe and her children.

If you or someone you know has been affected by interpersonal violence – get help by reporting the abuse to police, by calling the STAND! for Families Free of Violence 24-hour toll free crisis line at 1-888-215-5555 or visiting the Family Justice Centers in Richmond (256 24th St.) or Concord (2151 Salvio St., Ste. 201). In an emergency, always call 911.

The complete list of charges and enhancements against the defendant are as follows:

  • Count 1, Torture
  • Count 2, Aggravated Mayhem
  • Count 3, Sexual Penetration by Foreign Object
  • Enhancement 1, Special Allegation-Great Bodily Injury
  • Enhancement 2, Special Allegation-Aggravated Circumstances

Case information: People v. Aleem Niweigha, Docket Number 05-160618-5.

BART’s Measure RR annual report: bond funded projects are on time, on budget and paying off

By Leave a Comment

Report cover from BART.

The first year of BART’s Measure RR Bond-funded rebuilding work is already paying off for our riders. BART’s on-time performance rate has increased to 93.6%. That’s BART’s highest on-time rate in four years and is thanks in part to the infrastructure improvements supported by RR along with several years of greater attention to incident management, quality maintenance, and system rehabilitation.  As we roll out more projects, we anticipate the on-time performance to improve exponentially.

Measure RR Spending and Projects

So far, BART has spent nearly $70 million from the $3.5 billion bond measure passed by voters in November 2016. Based on performance to date, the projects that are underway are on time and on budget.  Much of the initial effort has been heavily focused on engineering and issuing the first installment of bonds worth $300 million.  This early work isn’t very visible to the public but that will soon change.  The year ahead will bring the launch of multi-year projects that include new escalators and modernized stations that will have a big impact on our riders.  We will also continue to perform behind-the-scenes infrastructure upgrades that will further boost our reliability.  Staying one step ahead of maintenance troubles is at the heart of RR.

The Measure RR Bond Oversight Committee is keeping track of how funds are spent. The Committee’s mandate is to provide diligent oversight that all spending is authorized and that projects are completed in a timely, cost-effective, and high-quality manner. The Bond Oversight Committee is made up of community members with expertise in different disciplines from finance to engineering to project management.

Today, the BART Board of Directors is acknowledging the work of this volunteer committee and receiving its first annual report.  Click here to dig into the report and all its details.