Contra Costa Herald

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

Supervisors consider cannabis industry tax measure, approve $3.5 billion 2018-19 budget

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$400 million increase over current year’s budget

By Dan Borsuk

Contra Costa voters could see a cannabis industry tax measure on the November 6 ballot after supervisors on Tuesday thrashed through statistics and ideas on what route to take in complying with the 2016 passage of state Proposition 64.

Determined to assemble a cannabis tax ordinance by an August 10 deadline in order to file a tax measure ballot for the November election, supervisors, under the guidance of Julie Enea of the County Administrator’s Office, presented a cannabis business tax levy proposal assembled by HdL, the Crescent City-based consulting firm hired by the county to assist the county in developing an ordinance in the aftermath of the passage of Proposition 64, the 2016 state initiative that legalized the sale of recreational marijuana.

The proposed cannabis business tax levy sets initial and maximum rates for eight license types.  Those proposed rates are:

  • Cultivator: Indoor, artificial lighting:  7/ft. initial rate, $10/ft. maximum rate.
  • Cultivator: Greenhouse, mixed lighting:  $4/ft initial rate, $7/ft. maximum rate.
  • Cultivator: Outdoor, natural light:  $2 ft. initial rate, $4 ft. maximum rate.
  • Cultivator Nursery: $1/ft. initial rate:  $2/ft. maximum rates.
  • Manufacturer/Non-retail microbusiness: 2.5 % of gross receipts initial rate, 4% of gross receipts maximum rate.
  • Testing: Not Available; initial rate:  2.5% percent of gross receipts maximum rate.
  • Distribution: 2% of gross receipts initial rate; percent maximum rate.
  • Retailer/Retail microbusiness: 4% of gross receipts initial rate and 6% of gross receipts maximum rate.

The supervisors’ cannabis tax ordinance proposal still requires a public hearing slated for July 10 when supervisors are expected to take official action on the tax ordinance proposal as well as the cannabis health ordinance.  The cannabis health ordinance will not appear on the November ballot.

During the supervisor’s proceedings on Tuesday, citizens and supervisors alike were concerned the amount of money the county would raise from a cannabis tax might fall short of the mark in adequately enforcing the law, especially the health ordinance.

Since enactment of Proposition 64 beginning this year, the state has collected only $34 million in tax revenue of the anticipated $175 million.  The state is considering shelving a plan to cut the excise tax from 15 percent to 11 percent even though cannabis sales are not as brisk as anticipated.

Board chair Karen Mitchoff of Pleasant Hill said the board should model the tax ordinance measure so that it requires a two-thirds majority voter approval, have an oversight committee and be reviewed yearly for adjustments based on the consumer price index.

“We’re going to impose this tax to cover our costs,” said District 2 Supervisor Candace Andersen of Danville, who represents a district where a number of citizens have aired widespread opposition to Proposition 64’s implementation.

Shawn Casey of First 5, a pro children’s organization, proposed that the county create with cannabis revenues a fund to aid children harmed by the effects of cannabis.

“I’m in favor of reasonable regulation,” said Vickie Norris of Friends of Proposition 64.  “I’m in favor of a tax.”  Norris noted Contra Costa’s tax proposal that HdL prepared won’t price out businesses like what occurred in Berkeley which had to scale back its retail sales tax which was 35%.

“The legal market is taking a piece out of the black market,” said HdL’s Mark Lovelace.  “Thirty percent of the marijuana remains in the black market.”

Supervisors OK 2018-2019 Budget Proposal

In speedy action, supervisors voted 5-0 in approving a $3.5 billion 2018-2019 recommended budget without public fanfare.  Supervisors will officially adopt the budget in September.  The spending plan is an increase from $3.1 billion for the current 2017-2018 fiscal year.

482,055 Square Foot North Richmond Warehouse Approved

Without hearing any opposition, supervisors unanimously approved a 482,055 square foot warehouse-distribution project that could create up to 800 jobs in the North Richmond.  Construction of the proposed Panattoni Warehouse project at 500 Pittsburg Ave. could get underway in the first quarter of 2019.

District 1 Supervisor John Gioia, who represents the North Richmond development site owned by Redus EL LLC, said the Panattoni Warehouse project is the first of at least two other similar warehouse distribution projects that are in the pipeline that will come before the supervisors in the near future.

Gioia refused to provide details about the other two warehouse-distribution projects.

“This is just not a warehouse,” the supervisor said.  Upon commenting how the North Richmond area is in a stage of transition from residential to warehouse, the supervisor said, “North Richmond has become ground zero for the fulltime warehouse area that is patterned after AMAZON, the type of company the gets products out sooner.”

In approving the project at Pittsburg Avenue and Richmond Parkway, supervisors approved a number of “traffic calming measures” in order to minimize the environmental impacts from more than 100 truck trips during peak period AM and PM periods.  Those traffic calming measures include “chokers and bulbouts.”

The developer will install solar power and plant 200 trees to replace 21 old trees that need to removed from the project site.  A 1.3-acre area site has been designated for a gas station with a mini-mart that will be constructed sometime after the warehouse-distribution building is constructed.

Contra Costa election law attorney running for Secretary of State, Mark Meuser endorsed by CA Republican Party

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Mark Meuser

First pre-primary endorsement of non-incumbent candidate since Schwarzenegger in 2003

San Diego — Leading Republican Secretary of State candidate Mark Meuser is the first non-incumbent statewide candidate to earn the endorsement of the California Republican Party (CAGOP) at this past weekend’s convention in San Diego. Meuser is a Constitution and election law attorney from Clayton.

Meuser earned the endorsement with a vote of 803-51, something that has not been accomplished since former Governor Schwarzenegger received the party’s endorsement in 2003.

“The CAGOP recognized the importance of addressing increasingly-severe voter integrity issues throughout California,” said Meuser. “I take this endorsement very seriously and will take this critical message to the voters of California.”

He was the only Republican candidate who met the qualifications for consideration of an endorsement for Secretary of State by the CAGOP.

Meuser’s priority is to guide the Secretary of State’s office out of the antiquated 19th Century and into the 21st Century. The people of California deserve an open and accessible government that works for them, not against them.

California needs a Secretary of State who will fight to protect the rights of citizens to vote and petition their government. California needs a Secretary of State who will restore the people’s confidence in open, secure, and fair elections. California needs a Secretary of State who will utilize the knowledge and experience of Silicon Valley to modernize the way businesses register in the State.

To learn more about Meuser, please visit his website at www.MarkMeuser.com.

Body found on Delta levee Saturday identified as missing boater from Daly City

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One fisherman was rescued from the river near the Antioch bridge by Contra Costa Sheriff’s Marine Patrol, Saturday, April 28, 2017. Screenshot from NBC Bay Area.

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

On Saturday, May 5, 2018, at approximately 2:11 PM, Contra Costa County Marine Patrol Deputy Sheriffs responded to a report of a body on the levee at False River near the San Joaquin River. Deputies arrived on scene a short time later and recovered the body.

The Coroner’s Division took custody of the male body. He was later positively identified as 39-year-old Johnson Ng of Daly City. Ng is the missing boater who fell from a vessel on April 28, 2018.

According to an ABC7 news report, “Initial reports from deputies said two men were on a boat trying to set an anchor to start fishing when a wake came along. The wake hit the boat, the men fell off and they did not have life jackets on, according to sheriff’s officials. A passing boat rescued one of the men.”

An autopsy will be held to determine the cause of death.

Allen Payton contributed to this report.

Former Contra Costa Sheriff’s Deputy charged with four felonies for unlawful sex acts against inmates

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Patrick Morseman booking photo. Courtesy of CCCSheriff

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

The Contra Costa County District Attorney’s Office announced today that Patrick Morseman of Vallejo was charged with four felonies for unlawful sex acts involving two inmates at the West County Detention Facility. Morseman was a Deputy with the Contra Costa County Sheriff’s Office and was assigned to the West County Detention Facility on the date the incidents occurred.

Morseman’s charges are specified penal code violations for sexual activity with a detainee in a jail. Morseman is charged with having unlawful oral copulation and sexual intercourse with the inmates in a jail cell during his shift on March 31.

Morseman was initially arrested by the Contra Costa County Sheriff’s Office on April 4 and released on $100,000 bail. The District Attorney’s Office requested that bail be set at $200,000.

Pursuant to state law, the identities of the victims will not be released as this is a sex crimes case. The victims in this case were offered victim assistance services by the District Attorney’s Office.

Morseman is facing a possible maximum sentence of five years in state prison. Arraignment is scheduled for a later date.

Case Information: People v. Morseman, Docket Number 02-327516-7

Lafayette man, former Walnut Creek restaurant owner arrested for Orinda bank robbery

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Valentino Luchin from his LinkedIn profile.

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

On Wednesday, May 2 at about 10:56 AM, Orinda Police Officers responded to a report of a robbery at the Citibank on Orinda Way in Orinda.

An armed male suspect robbed a teller and apparently fled in a vehicle after receiving some cash.

Through witness descriptions and surveillance video, the Orinda Police Department, assisted by Detectives from the Lafayette Police Department, were able to identify the suspect.

The suspect was later stopped and detained on Mt. Diablo Boulevard in Lafayette. A search warrant was later served on the suspect’s home in Lafayette.

Valentino Luchin from his Facebook profile.

The suspect is identified as 54-year-old Valentino Luchin of Lafayette. He was later arrested and booked into the Martinez Detention Facility on one count of robbery. He is being held in lieu of $100,000 bail.

According to his Linkedin profile, Luchin is the Chef/Owner of Ottavio Osteria restaurant in Walnut Creek. However, the phone number listed for the restaurant is disconnected and results of an online search for it shows that it is closed.

Allen Payton contributed to this report.

Supervisors order probe of possible nuclear waste at Keller Canyon Landfill in Pittsburg

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Keller Canyon Landfill. Photo courtesy of Comanco.

By Daniel Borsuk

Contra Costa County Supervisors unanimously launched on Tuesday a full-scale probe into whether radioactive tainted soil was illegally dumped at the Keller Canyon Landfill near Pittsburg.

At the request of District 5 Supervisor Federal Glover of Pittsburg, who had initially learned about the allegations after reading a San Francisco Chronicle newspaper article about how Hunters Point Naval Shipyard contractor, Tetra Tech’s radioactive debris removal practices dating back to 2011 may have wound up at the Contra Costa County landfill and other state landfills not designated for nuclear waste.  Supervisors requested that the Navy investigate the allegations and report back to the supervisors in 30 days.

Having the Navy come back in and investigate the Tetra Tech contract is the priority item supervisors have in mind, but board chair Karen Mitchoff of Pleasant Hill said in order to quickly get the attention of the Navy to act on this issue the county also needs the political clout of state and federal legislators.  She also requested that Tetra Tech pick up any costs associated with soil testing at Keller Canyon Landfill.

In the meantime, supervisors requested the county hire a soils specialist to detect if the landfill contains radioactive materials that could have been illegally deposited by Tetra Tech.  The soils consultant contract does not require supervisors’ approval if it is less than $50,000.

District 3 Supervisor Diane Burgis of Brentwood wanted to hear from Tetra Tech, which did not send a representative to the supervisors’ meeting, over a number of incidents when radiation monitors at the entrance of the Pittsburg landfill have reportedly been triggered.

“I want to put a hold on Tetra Tech and Hunters Point deliveries to Keller Canyon,” Burgis demanded.

Keller Canyon Landfill General Manager Rick King informed supervisors Republic has stopped accepting truck loads from Tetra Tec since the news coverage broke on April 22.

“We’re doing everything we can,” said King in preventing nuclear tainted material from winding up at the landfill.  He explained how the radiation monitors work, the 24-hour security, and other security procedures Republic Services uses to block truckloads of illegal material from entering and unloading debris at the landfill.

With the Hunters Point project, Keller Canyon Landfill has 13 different profiles, King said.  “Every truck load needs a manifest or it won’t be allowed to enter the landfill.  Then it has to pass our radiation monitors,” he said.

From 2011 to 2017, Keller Canyon received 223,000 tons of waste from Hunters Points Shipyard, according to county Health Department records.  On two occasions, June 2014 and February 2015 soil and material had to be returned to Hunters Point, according to Marilyn Underwood, Director of Environmental Health for the Contra Costa County Department of Health Services.  The details on the contents of those two loads were not released.

“You should have appointed the city of Pittsburg as the lead enforcement agency,” warned former Pittsburg City Councilmember Nancy Parent.  Parent said the county has not been able to properly monitor the landfill, especially now that it is a Grade 2 landfill capable of accepting dirt from Hunters Point.  “It’s all about money” Parent said.

At one point, Board Chair Mitchoff entertained the idea of whether the county should cease being the lead enforcement agency of Keller Canyon, but none of her board colleagues supported that idea.

“This is a complicated issue. We need to get the right people at the table.  We don’t have the expertise.  We need to have a report back in 30 days,” Mitchoff ordered.

“I really do appreciate my colleagues for the enthusiastic support in involving the Navy, getting our state and federal legislators involved and making sure that our constituents know that the county serves as the lead enforcement agency on this matter,” said Glover.

Pasadena-based company Tetra Tech Chief Executive Office Dan Barach said in a statement:

“In light of the barrage of recent and misleading media reports, Tetra Tech is compelled to defend itself and its work at Hunters Point.

“Our company has sought to follow all the required standards and protections and to operate in a thorough, honest and professional manner to provide testing and clean-up services as required by our contract.  We are proud of our high standards and professionalism on this contact, and all the work we perform for clients.  Equally important, we have worked to make this site, and all sites where Tetra Tech works, safe for community members and residents.

$454,772 Sheriff-Coroner Livescan Contract OK’d

Supervisors voted 5-0 in approving a five-year $454,772 contract with Gemalto Cogent to maintain the Sheriff-Coroner Office’s Livescan fingerprint system.  The contract is in effect from Jan. 1, 2018 through Dec. 3, 2022.  The Sheriff-Coroner Office Livescan is used identify persons involved in motor vehicle crimes.  Supervisors approved the contract as a consent agenda item.

Extensive search for missing fisherman in the water near Antioch bridge unsuccessful Saturday

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One fisherman rescued from the river near the Antioch bridge by Contra Costa Sheriff’s Marine Patrol, Saturday, April 28, 2017. Screenshot or report from NBC Bay Area.

Sheriff’s Marine Patrol assisted by Coast Guard helicopters, state Fish and Wildlife, Contra Costa Fire

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

Saturday morning at approximately 8:25, Marine Patrol deputies heard a distress call on the radio. It was reported that two men had fallen off a boat near the Antioch Bridge and were struggling in the water. Marine Patrol units responded immediately and within minutes arrived on scene. A deputy located one of the victims who was pulled out of the water by a passing boater. The other boater was missing. The boaters were apparently at the time attempting to set an anchor to fish when their boat was hit by a wake causing both to fall overboard. Both of them were not wearing life jackets.

The missing boater is not being identified at this time. An extensive area search by Coast Guard helicopters, state Fish and Wildlife, and Contra Costa Fire and Sheriff’s Office patrol vessels was suspended at about 3:30 PM. He was not located.

Anyone with any information on this missing boater is asked to contact the Contra Costa County Office of the Sheriff at 925-646-2441.

Supervisor Glover wants investigation into possible radioactive materials deposited at Keller Canyon Landfill

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Keller Canyon Landfill. Photo courtesy of Comanco.

Matter to be heard at next Tuesday’s Board meeting

Supervisor Federal Glover has directed Contra Costa County Staff at next Tuesday’s Board of Supervisors meeting to provide the Board with an update concerning the allegations of malfeasance by Tetra Tech EC Inc. at the Hunters Point Naval Shipyard. The allegations concern possible radioactive materials being deposited at landfills across the state including possible contaminated material that might have been sent to the Keller Canyon Landfill.
“I am very concerned about these allegations and want a full report from staff on this issue,” Glover stated.  Healso said that he expects County staff to follow up with further review of the issue after the Board meeting next Tuesday.

“I want staff to thoroughly investigate these allegations and determine whether or not the Keller Landfill was sent contaminated material,” Glover continued. “I want to make sure the residents of Contra Costa County are protected and that this matter is fully addressed.”

He said that the matter will be heard in front of the Board of Supervisors during its regularly scheduled session starting at 9:30 AM on May 1, 2018 in the Board Chambers at 651 Pine St., Martinez.

 

County Coroner’s inquest determines December death of Richmond man, a S.F. cop was a suicide

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Screenshot from video of Antonio Cacatian being pulled over by Richmond Police before fatally shooting himself on Dec. 18, 2017. Courtesy of KBCW TV.

Was under investigation for claims of sexual contact with a juvenile in Las Vegas

Antonio Cacatian

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

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the December 18, 2017 death of 49-year-old Antonio Malinao Cacatian of Richmond. The finding of the jury is that the death was a suicide.

According to the Washington Post, Cacatian was a San Francisco police officer and “The Las Vegas Police Department was investigating claims that Cacatian had inappropriate sexual contact with a juvenile in the Nevada city…” Richmond Police pulled him over in the Hilltop Mall parking lot, where he then fatally shot himself. (See Post article, here).

The Coroner’s Jury reached the verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural Causes, or at the hands of another person, other than by accident.

Despite opposition Supervisors move forward on marijuana ordinance, voters to have final say

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Extend moving contract by $3.5 million without any questions

By Daniel Borsuk

Contra Costa County supervisors moved closer to adopting in June a commercial marijuana ordinance on Tuesday, and unanimously increased a three-year moving contract without raising a single question.

The officials approved a $3.5 million contract extension for Metropolitan Van and Storage to provide moving services countywide through the end of its three-year contract that expires on May 31, 2019.  The supervisors’ approval boosts the overall payment limit to Metropolitan from $4 million to $7.5 million.

Placed on the agenda as a consent item, none of the five supervisors had asked to have Item No. 31 pulled from the agenda for discussion and action at a meeting where the elected officials were clearly more focused on a progress report from the county Conservation and Development Department on a draft cannabis ordinance, an agenda item that drew 53 speakers.

When asked about the moving contract agenda item, board chairperson Karen Mitchoff said she was unaware of the Metropolitan contract item being on the consent agenda.

“I am informed about what consent items are to be pulled for discussion by my staff,” Mitchoff said. “This item was not brought to my attention by staff.”

County Administrator David Twa said he had reviewed the Metropolitan contract increase and found no irregularities.

The county needs to add $3.5 million to the Metropolitan Van and Storage contract in order to complete the three-year contract that expires in May 2019, newly appointed Public Works Directors Brian Balbas said.

While admitting the spending of the initial $4 million “came as a bit of a surprise” to him, Balbas said about 50 percent of the 2,266 invoices Metropolitan Moving submitted for 1,429 jobs came from, three major county departments – Assessors Department, Employment and Human Services Department and Health Department.

In addition to moving furniture and other material, Balbas said Metropolitan Moving also takes down and erects cubicles in county department offices.

When asked if the extra $3.5 million will cover the next 12 months of the contract, Balbas responded, “I sure hope so.”

Supervisors Aim for June 26 Marijuana Ordinance Adoption

Supervisors set the stage to adopt a cannabis zoning ordinance on June 26 after listening to long list of speakers, mostly opponents to the legalization of recreational marijuana.  On July 10, supervisors are scheduled to consider adopting health and tax measure ordinances that will go before the voters, perhaps in November.

After nearly two hours of public testimony coming mostly from residents in Supervisor Candace Andersen’s District 2, a district widely opposed to the sale and cultivation of recreational marijuana, the supervisor commented, “In a perfect world, I’m for a moratorium.”  The supervisor hinted she might vote against the county ordinance because of the overwhelming opposition from her constituency, even though the county Department of Conservation and Development has spent hundreds of manhours and attended 27 community meetings around the county to inform the public about the county’s proposed marijuana ordinance.

District 5 Supervisor Federal Glover of Pittsburg, who had earlier observed most of the proposed cannabis zoning is located in his district along Highway 4, remarked, “We need to make sure the safety measures are put in place and that won’t occur unless a tax is passed by the voters.  Until that happens this ordinance will not be enforced.”

When Dr. Phillip Drum, a marijuana legalization opponent, listed butane explosions and a number of other reasons why supervisors should stop developing a marijuana ordinance even though 61% of Contra Costans approved Proposition 64 in 2016, Board Chair Mitchoff pointed out the Contra Costa ordinance will prohibit the use of butane to extract oil from marijuana plants.

The proposed ordinance will feature zones for commercial cultivation, retail storefront, delivery only, manufacturing/processing, distribution and testing.

For personal cultivation, the county is proposing six or less plants for indoor, private cultivation and not more than three plants that are more than five feet in height for outdoor cultivation.