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Contra Costa Sheriff announces findings in ICE detention complaints investigation

December 22, 2017 By Publisher 2 Comments

Sheriff David Livingston, center, speaks with Congressman Mark DeSaulnier (to his left) and staff during a tour of the West County Detention Facility in Richmond on Monday, Nov. 27, 2017. Herald file photo.

Refutes claims made by illegal alien female inmates against West County Detention Facility

The West County Detention Facility in Richmond. Herald file photo

The Office of the Sheriff has completed its investigation into complaints raised by several Immigration & Customs Enforcement (ICE) female detainees at the West County Detention Facility (WCDF) in Richmond, California. The complaints were first reported in a local newspaper. The Sheriff’s Office immediately launched an investigation. Investigators interviewed 110 witnesses, with audio recordings and translators where necessary, and viewed hundreds of hours of video surveillance recordings. They also examined log books, computer entries and other evidence. (See related article)

The investigation found that nearly all of the complaints were unfounded and unsubstantiated. Claims of being “locked down” for 23 hours a day were false. The most time any ICE detainee was confined to their dormitory room was one hour and 24 minutes. These “lock downs” are commonly done for facility counts or for administrative reasons. At WCDF the detainees have keys to their rooms and free use of common bathroom facilities.

In one example, the person who complained in the article of being confined to her room for 23 hours was in fact confined for several days in a room with a full toilet and sink. She was confined in such a manner for disciplinary purposes after she assaulted another detainee.

Sheriff David O. Livingston. From CCCSheriff website.

Regarding the use of “red” biohazard bags for toilet needs, there was no evidence that any detainee was forced to use the bags in that manner. In very few cases detainees did use the bags for that purpose in violation of policy. Biohazard bag distribution is now limited to those detainees who are ill or have other medical needs. All inmates are free to use the bathrooms at any time, and even during “lock down” periods of approximately one hour, by notifying a Deputy Sheriff by using the call button in their rooms.

There were two complaints alleging limited access to healthcare that also appear to be unfounded based on detainee interviews. However, Contra Costa Health Services will be reviewing those specific complaints.

“Consistent with independent ICE inspections, we found that the alleged policy violations were largely unfounded,” said Sheriff David Livingston. “In fact, many detainees told us they are well treated at the West County Detention Facility.”

Sheriff Livingston added, “Some issues were identified, such as the use of profanity by a staff member or the quicker replacement of detainees’ room keys when they are lost or damaged. We will use this opportunity to improve wherever we can.”

The investigation will now be provided to the California Attorney General as Sheriff Livingston promised he would do.

Filed Under: Crime, Immigration, News, Sheriff, West County

East County Realtors provide Christmas gifts for foster children, checks to local charities

December 21, 2017 By Publisher Leave a Comment

Christmas gifts for foster children in Antioch schools from the Delta Realtors Community Service Foundation surround the tree at the Delta Association of Realtors Christmas lunch on Thursday, Dec. 8, 2017.

Joann Mass of St. Anthony’s Catholic Church in Oakley thanks DRCS Foundation Chairman Dan Barnes for the donation, as other foundation board members look on.

By Allen Payton

During the annual Delta Association of Realtors Christmas party, the organization’s Delta Realtors Community Service Foundation presented checks to East County charities and gifts for local, foster children in Antioch schools.

A check for $1,000 was donated to St. Anthony’s Catholic Church in Oakley for their food pantry

“It all goes to some really nice, nice families,” said Joann Mass of St. Anthony’s. “All we can do is say thank you.”

Donations were also provided to the Antioch Senior Center, An Elderly Wish Foundation, Don Brown Shelter, Brentwood Community Chest, and the Golden Hills Community Church Community Outreach Center in Antioch.

The Christmas gifts were provided to Antioch Unified School District’s Student Support Services for “27 foster children who are Antioch school students living in five group homes, four in Antioch and one in Pittsburg,” said Mayra Preciado, Counselor and Foster Liaison. “They’re now receiving a Christmas.”

She was joined by Director Bob Sanchez, Homeless Liaison Trina Tuel and Intervention Services Coordinator Dineen Burdick.

“We keep the money local. That’s what we’ve been focusing on” said Realtors foundation chairman Dan Barnes, of the Berkshire Hathaway real estate office in Brentwood.

The other foundation board members are Leonard Briones, Laura Agdanowski, Anthony Silva, Cathleen Griebling, Patti Shaner and Margaret Hurtado.

For more information about the Delta Association of Realtors visit their website at www.deltaaor.com.

 

Filed Under: Business, Children & Families, Community, East County, News

FBI: Bust of eight East County gang members on murder, conspiracy, pimping and firearms charges

December 20, 2017 By Publisher Leave a Comment

Eight alleged East County gang members who are suspects in a variety of crimes were arrested on Oct. 27. Photos by FBI Northern CA District

Arrested on Oct. 27th

By Allen Payton

FBI Special Agent in Charge John F. Bennett of the Northern California District office and Interim Contra Costa District Attorney Diana Becton announced on Wednesday the Oct. 27th arrests of East County gang members suspected in two freeway shootings and other charges.

Bennett and Becton were joined by Pittsburg Police Chief Brian Addington and representatives from the Richmond Police Department, Contra Costa Sheriff’s Department, San Francisco SWAT, El Cerrito Police Department, Contra Costa County Probation Department, California Department of Corrections and Rehabilitation, San Pablo Police Department, Concord Police Department, and the California Highway Patrol.

Known as Operation Klap It Out, the joint effort resulted in the arrests of eight suspects and the seizure of a variety of firearms during the search warrants, according to FBI Public Information Officer Cameron Polan.

Seven suspects and alleged members of the Klap Sh**/Broad Day gang from Antioch and Pittsburg were identified as Darnell Keyon Lash age 24, D’Vance Jaquez Sumblin age 20, Javelle Cooksey age 19, Lester Gene Curry age 21 (as of Tuesday), Ezell Tommy Jenkins age 19, Dasheid Keyonta Lash age 21, and Larry Darnell Goines, Jr. age 32. An eighth suspect gang member, Giovante Boyd was also arrested on an outstanding warrant for murder, but was not included in the complaint filed by the DA’s office against the other seven.

According to the complaint they were charged with the following eight counts: conspiracy to commit a crime – murder, carrying a loaded firearm/street gang, possession of firearm by a felon – prior(s), dissuading a witness by force or threat, conspiracy to commit a crime – second degree burglary, carrying a loaded firearm/street gang, conspiracy to commit a crime – pimping, and street terrorism.

“All eight are currently in a preliminary hearing which has been ongoing since Monday,” Polan added.

12/21/17 UPDATE: Asked about the delay in announcing the arrests she replied, “The delayed announcement was due to new leads that were presented as a result of the search warrants executed. The investigators did not want to jeopardize the new information with a public announcement.”

See the charges filed against the seven suspects, here: Charges filed vs Operation Klap It Out gang suspects

The firearms seized during Operation Klap It Out.

Filed Under: Crime, District Attorney, East County, News

Supervisors designate West County Detention Facility future expansion as mental health treatment facility

December 20, 2017 By Publisher Leave a Comment

The rendering of the white topped buildings shows the future expansion of the West Contra Costa Detention Facility, approved earlier this year.

Treatment will include administering psychotropic medications

By Daniel Borsuk

Unlike six months ago when Contra Costa County supervisors faced the rage of protestors opposed to the $95 million expansion of the West County Detention Facility in Richmond, supervisors approved without a whimper of protest a request by the Sheriff-Coroner David Livingston and Health Services Director Robert Walker to designate the expanded detention facility as a mental health treatment facility.

The item at Tuesday’s board of supervisors meeting was a consent item and did not draw either citizen or supervisor comment.

Supervisors unanimously approved the item.

That action was in sharp contrast to the time supervisors faced nearly 70 protestors opposed to Sheriff-Coroner Livingston’s proposal to expand the jail.  Supervisors voted 4-1 to approve the sheriff’s proposal at that time with Supervisor John Gioia of Richmond casting the lone dissenting vote.

In Tuesday’s vote, supervisors were complying with their action taken in June by designating the West County Detention Facility and the future West County Reentry, Treatment, and Housing Facility as mental health treatment facilities in accordance with California Penal Code Section 1369.1.  This will permit sheriff deputies or detention facility wards to administer psychotropic medications to persons in county custody who have been adjudged incompetent to stand trial due to mental disorder, refuse to take psychotropic medications and are unable to provide informed consent as recommended by the Health Services Director Dr. William Walker and Sheriff-Coroner Livingston.

“We have to be prepared to take all that comes regardless of their mental state, “said Sheriff-Coroner Livingston in June.  “I don’t have a choice.”

“Without medication, symptoms such as increased aggression, self-destructive acts, and severe behavior outbursts can jeopardize the safety of the inmate-patient, the other inmates, and the detention facility staff,” Dr. Walker and Sheriff Livingston jointly wrote in a memo to the supervisors.  “The Health Services Department, and the Office of the Sheriff remain committed to transferring individuals to treatment facilities in a timely manner.  These facilities, however, are crowded and have long waiting lists. The recommended extension of this designation to the West County detention facilities can help the county cope with the effect of delays beyond the county’s control.”

County Zoning for Solar Energy Generating Facilities Gets Green Light

Supervisors unanimously adopted a zoning ordinance that will pave the way for commercial solar energy generating facilities primarily built by Marin Clean Energy (MCE), which this year inked contracts with county supervisors and city councilmembers of 13 municipalities to be their clean energy options commencing in 2018.

County planning officials presented a map and an ordinance that allows commercial solar energy generating facilities in industrial and commercial zoning districts in unincorporated portions of the county.  Areas of the county’s northern waterfront stretching generally from Richmond to Bay Point were designated for the zoning designations.  There were no speakers in opposition or in favor of the zoning proposal, but supervisors did receive a Nov. 12 letter addressed to the county planning commission from Howdy Godey of El Cerrito encouraging planning commissioners to approve the zoning proposal.

“I enthusiastically support the adoption of general plan zoning amendments regarding solar generation facilities.” he wrote. “These actions will support the Contra Costa County Climate Action Plan (2015) by providing opportunities to build solar generation facilities that will lower greenhouse gas emissions associated with electric power generation.”

In addition to the county, the city councils of Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Oakley, Pinole, Pittsburg, Richmond, San Ramon, and Walnut Creek have signed contracts with MCE to serve as their clean energy option contractors.

In a related planning issue, supervisors directed Conservation and Development Department officials to budget up to $7 million to update the county’s General Plan that will require an update by 2020.  Supervisors also instructed department officials to budget $1.5 million to bring the county’s zoning code into the 21st Century.  The zoning code has not been updated since 1947 when the county had about 300,000 residents.  Today 1.2 million persons reside in the county.

Supervisors also approved as a consent item a new county library commission composition as recommended by the Library Commission and County Librarian Melinda Cervantes.  The reconstituted library commission was triggered mainly with the City of Richmond library leaving the county library system.

The new library commission composition will consist of 29 commissioners.  Supervisors must select a representative to serve on the library commission that represents the Contra Costa Central Labor Council, the Contra Costa Community College District, the East Bay Leadership Council, the Contra Costa Friends Council and the Contra Costa County Office of Education.  Library commissioners will serve four-year terms and serve in an advisory role to the board of supervisors and county librarian.  The library commission will meet at least quarterly and no more than six times a year.  There is no fiscal impact related to the newly reconstituted library commission.

Filed Under: Crime, Health, News, Sheriff, West County

Movie filmed in Antioch in July to air on TV Dec. 28

December 19, 2017 By Publisher Leave a Comment

Actor Zack Gold is the main character in the movie Psycho Brother-In-Law filmed in Antioch last summer.

Some of the scenes were filmed at Antioch High School with staff member Trine Gallegos (far right) included. Herald file photo

By Allen Payton

According to Supervising Producer Kris Wynn, the movie filmed in Antioch last summer, will air on the Lifetime Movie Network (LMN) next Thursday, December 28. It’s entitled Psycho Brother-In-Law and includes Antioch and East County residents as extras. (See related articles, here and here.)

It’s the second movie to be filmed in Antioch in as many years.

According to the Lifetime website, the movie stars Brittany Falardeau, Zack Gold, Mike Duff, Megan Ashley Brown and Samantha Bowling.

The description reads, “Kate is so thankful to have her brother-in-law David back in her family’s life as he’s been a blessing around the house while her husband spends long days at the office. But when his behavior starts getting out of line, Kate realizes that David wants to be the new head of the family, and will do anything to make that happen.”

So grab, the remote and popcorn, order some pizza and watch your local friends or family members on the small screen to see who made it past the cutting room floor!

Filed Under: Arts & Entertainment, East County, News

Fatal single car accident on Balfour Road near Antioch takes life of Tracy woman Monday night

December 19, 2017 By Publisher Leave a Comment

Ivette Montes from her Facebook page.

By Allen Payton

At 11:47 pm Monday night, emergency personnel from the East Contra Costa Fire Protection District responded to a single vehicle roll-over accident on Balfour Road east of Deer Valley Road, according to Interim Battalion Chief Ross Macumber. The accident took the life of a 51-year-old Hispanic woman from Tracy.

The Contra Costa Coroner’s office identified her as Ivette Montes.

“As our units were leaving CHP was actively investigating,” Macumber stated.

According to Officer Nathan Johnson of the CHP Contra Costa office, the victim was “partially ejected and declared deceased at the scene. Although it’s not been ruled out, alcohol does not appear to be a factor at this time.”

Filed Under: East County, News

College district admits to overreporting employee retirement to state pension fund

December 16, 2017 By Publisher Leave a Comment

Outside investigation to begin

The Contra Costa Community College District (CCCCD) has contacted CalPERS, the state government employee pension fund, to determine what actions, if any, are required to address a situation impacting some district retirees who are CalPERS members.

The district has identified a long-standing practice of converting unused vacation to sick leave which in some cases led to retirees receiving excess service credit upon retirement.  An initial review indicates that corrections may be needed for a small subset of CalPERS retirees who retired after 2000.  An external firm will be hired to investigate this matter including the extent of the reporting errors, what corrections are required, and how the corrections should be accomplished.

The district is working to mitigate any impact on the district’s CalPERS retirees, and is taking steps to ensure this problem does not happen again.

The CCCCD is one of the largest multi-college community college districts in California serving a population of 1,019,640 people. Its boundaries encompass all but 48 of the 734-square-mile land area of Contra Costa County. The district is home to Contra Costa College in San Pablo, Diablo Valley College in Pleasant Hill, Los Medanos College in Pittsburg, as well as educational centers in Brentwood and San Ramon.  The district headquarters is located in downtown Martinez.

Filed Under: Education, Government, News, Pensions

County Sheriff alerts public to jury duty scam

December 14, 2017 By Publisher Leave a Comment

Public Notice – Jury Scam Alert

Past or prospective jurors are NEVER contacted by phone regarding failure to serve jury duty. All communication regarding failure to serve jury duty is done via U.S. mail. No court jury staff or Contra Costa County Sheriff’s staff ask past or prospective jurors to pay a fine or provide financial details including, credit card numbers, bank account, social security numbers or other personal information. Please do not provide this type of information to anyone.

If you receive a telephone call, from someone identifying himself or herself as a court employee or an employee of the Contra Costa County Sheriff’s Department regarding a failure to appear for jury service, THIS IS A SCAM. DO NOT PROVIDE ANY PERSONAL INFORMATION, OR PAY THEM ANY MONEY!

If you are contacted, please call the Jury Commissioner’s office at 925-608-1000.

Filed Under: Crime, News, Sheriff

League of Women Voters of Diablo Valley helps serve homeless and working poor

December 13, 2017 By Publisher Leave a Comment

League members gather to donate and share food at The Trinity Center in Walnut Creek. Left to right are members Fred Sullivan, Suzan Requa, Carol Woods, Allan Woods, Ashley Coates, Marian Shostrom, Audrey Albrecht, Harry Baker, Barbara Hill, Ann Flynn, Renee Zeimer, Bob Hill, and Gail Murray. Not shown: Members Martha Goralka, Sue Brandy, Leslie Stewart, Lee Lawrence, and Barbara Kuklewitz.

The League of Women Voters of Diablo Valley includes women and men committed to strengthening their communities.  In keeping with this year’s focus on Affordable Housing and Homelessness, members collected donations at their annual holiday party for the Trinity Center in Walnut Creek.  The Trinity Center provides a safe place off the street for the homeless and working poor.  Its programs include food, showers, laundry, clothing, and referrals to other services. 

The Trinity Center operates at St. Paul’s Episcopal Church in Walnut Creek and also operates the winter shelter at the Walnut Creek Armory.  For more information please visit the League’s website at lwvdv.org.

Filed Under: News

County to refund $8.8 million in excessive Juvenile Hall housing, electronic monitoring fees

December 13, 2017 By Publisher Leave a Comment

Supervisors approve $17 million in bonds for Richmond senior housing project; $1.6 million for Walnut Creek affordable housing project

Example of an ankle monitor. Photo by securitycameraking.com

By Daniel Borsuk

Beginning next month, 6,000 and as many as 12,000 Contra Costa County residents will receive letters from the county that they could be entitled to refunds to be disbursed because the county Probation Department overcharged them fees for Juvenile Cost of Care and Cost of Electronic Surveillance of Minors. (See agenda item,  here.)

County Supervisors initiated the notification process at Tuesday’s board meeting on a 4-0 vote.  Letters printed in English and Spanish will be mailed to up to 6,000 individuals who may be due a refund because they may have been overcharged when they had a juvenile housed at a county juvenile hall facility from 2010 to 2016.  The county ceased assessing the fees in 2016.  The letters will instruct the recipients how to file for a claim.

District 2 Supervisor Candace Andersen of Danville was absent for the vote.

The county estimates parents of juveniles held in county juvenile hall facilities were overcharged $8.8 million dating back to 1990.

The board’s Public Safety Committee will review whether another 6,000 residents living in the county between 1990 and 2010 might be eligible for refunds.  Supervisors would also establish a procedure whereby residents could claim money that was improperly withheld when youths were detained in juvenile hall facilities.  Supervisors will determine if the county improperly overcharged for electronic monitoring fees.

Assistant County Administrator Timothy Ewell told supervisors there are about 12,000 cases that the county has identified from 1990 to 2016 that might be entitled to refund checks averaging $262 per account because of the work by Contra Costa supervisors did, and support from citizen organizations like the Racial Justice Coalition, statewide to make juvenile hall housing fees illegal on racial and financial hardship grounds.

Contra Costa is the first county in the state to begin the procedure of refunding money to parents or guardians of juveniles who were held in juvenile hall facility and were overcharged.

“No one is expecting a mad rush of people to file claims,” said District 1 Supervisor John Gioia of Richmond, who was a key player at the county and state level in igniting the juvenile hall overcharge refund movement.

District 4 Supervisor Karen Mitchoff said it should be up to the claimants to show proof in the form of canceled checks, bank statements or some other proof of payment when filing a claim.

“Family members should never have been penalized,” admonished Willie Mims of the East County Branch of the NAACP.  “You should have the records and not lay that responsibility on the persons who might receive these letters.”

The fiscal impact to the General Fund is projected to be $136,000.

Supervisors OK Bonds for Multi-Family Housing Projects

Site of the approved Heritage Point Senior Apartments in North Richmond.

On a 5-0 vote, supervisors flashed the green light for construction to get underway for a $27 million senior housing project in North Richmond fronting the east side of Fred Jackson Way between Grove Avenue and Chelsey Avenue.  The 42-unit, Heritage Point Senior Apartments will be financed by the county with up to $17 million in Multifamily Housing Revenue Bonds.

It is a project of the Community Housing and Development Corporation of North Richmond (CHDC). According to their website, the organization was “founded in 1990 by local leaders…to eliminate blight, improve housing opportunities for current and future residents, and create better economic conditions.” It has since “added over 200 owner-occupied homes to the Richmond area along with street improvements, public services, senior and family rental housing.”

According to the staff report, there is “No impact to the General Fund. At the closing for the Bonds, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Development will be rented to low income households will be reimbursed through issuer fees established in the documents for the Bonds. The Bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the Bond documents. No County funds are pledged to secure the Bonds.”

Supervisors were informed that financing for the Heritage Point development is secure.  However, future affordable housing developments might be in jeopardy depending how the 2018 United States budget reform bill shapes up. Contra Costa County could potentially lose $3.5 million in bond financing for the North Richmond project if the budget reform bill is passed by Congress, said Maureen Toms of the Contra Costa County Conservation and Development Department.  Fortunately, the county has enough money in reserves to fill in funding gaps for projects like the Heritage Point development, she added.

Riviera Family Apartments. Rendering by RCD.

“This could be the tip of the iceberg on the potential elimination of public funding for future affordable housing developments,” Gioia warned.

In addition, the board approved converting $1.6 million in taxable bonds into tax-exempt bonds for a 58-unit, multi-family affordable housing apartment project in Walnut Creek. The Riviera Family Apartments will be located on two separate parcels, at 1515 and 1738 Rivera Avenue. The County had previously approved $19.2 million in tax-exempt bonds for the development in May 2016. The developer is Resources for Community Development in Berkeley. According to the staff report, no County funds are pledged to secure the bonds.

Honor 35-Year County Employee

In other action, the board honored Carmen Piña-Delgado who is the Supervising Real Property Agent with the Public Works Department in the Real Estate Division for her 35 years as a county employee. She started her career with the County Administrator’s Office as a Clerk-Experienced Level under the Affirmative Action Officer and due to budget cuts was let go. But, then in October, Piña-Delgado was rehired by the Health Services Department as a Clerk-Experienced Level in the Public Health Division.

In January 1992 she was promoted to the position of Real Property Technical Assistant in the Real Estate Division, where she has worked for the remainder of her career. In May 2001, Piña-Delgado graduated from Los Medanos College completing the Associate of Science Degree in Real Estate in order to qualify for advancement into the Real Property Agent Series. The resolution adopted by the Board recognizing her service states, she “has a great work ethic and has made a difference in the Public Works Department by delivering quality services in each division, County-wide, and with outside agencies/consultants.”

Filed Under: Central County, Community, Crime, News, Supervisors, West County, Youth

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