By Daniel Borsuk

Preferring to stick with its established Washington-based lobbyist that has represented Contra Costa County since 2001, Contra Costa County Supervisors on Tuesday voted 5-0 to extend a contract with Alcalde & Fay for one year, June 30, 2020.

The one-year contract will cost the county approximately $120,000.

The supervisors’ action did not go as smoothly as the vote might indicate because two supervisors, District 3 Supervisor Diane Burgis of Brentwood, who served on the five-person County Selection Committee (CSC), and Board Vice Chair Candace Andersen of Danville thought Federal Advocates, a firm that was founded in 2006, should have been awarded the $360,000 contract for the period running from July 1, 2019 through June 30, 2022 because it narrowly won during the screening CSC process.

Supervisors also directed county officials to develop screening measurements for the upcoming lobby renewal contract vetting process that were not put into place during the contract renewal process that supervisors had just reviewed and acted on.

In addition to Supervisor Burgis, other CSC representatives were Chief Assistant County Administrator Timothy Ewell, Employment and Human Services Director Kathy Gallagher, Health Services Administrator Joshua Sullivan, and Water Agency Manager Ryan Hernandez. The CSC convened on May 1 and the three candidates were invited for interviews on May 6.   Interviews were conducted over Skype, but the lobby firm of Smith Dawson & Andrews selected the teleconference option.

During the CSC review, Federal Advocates compiled 16.5 points. Federal Advocates topped second place finisher Alcalde & Fay that finished with 16 points. Points were unavailable for Smith Dawson & Andrews.

“It’s very disturbing,” said Supervisor Andersen. “They (i.e. Alcalde & Fay) cannot handle our platform. That is a huge disadvantage. We have not been well represented in Washington.”

“I think you are being over dramatic” warned Board Chair John Gioia of Richmond. “Each of us has his or her own choice. “I believe Alcalde & Fay is effective.”

Supervisor Karen Mitchoff of Pleasant Hill led the charge to retain Alcalde & Faye as the county’s Washington lobbyist. “There is only a one-half point difference between first place (Federal Advocates) and second place (Alcalde & Faye). During the recession Alcalde & Faye stuck with us and cut their fees.”

Appearing before the supervisors, Federal Advocates President Michael Esposito appealed to supervisors to award the three-year contract to his firm because of its qualifications and knowledge through its working relationships with cities of Pittsburg, Antioch, Concord and Richmond.

In its brochure presented to the CSC members, Alcalde & Fay executive Paul Schlesinger wrote: “over the years we have helped the county secure more than $133 million in funds from the Army Corps for dredging, channel deepening, flood control and other projects.”

“It’s a wash,” declared District 5 Supervisor Federal Glover of Pittsburg, about the professionalism of both lobby firms – Alcalde & Fay and Federal Advocates. “I’ve worked with both firms and both are outstanding.”

Authorize Assessor Waiver Fees for MTC/ABAG Project

Supervisors unanimously authorized to have Contra Costa County Assessor Gus Kramer, who is in the midst of a newly filed Grand Jury Accusation for “willful or corrupt” misconduct while serving as the county’s elected assessor, to acquire Secured Assessment Roll and Property Characteristics data for the Metropolitan Transportation Commission/Association of Bay Area Governments.

The recommendation would require a distribution of $19,700 from the County’s Contingency Reserve.

MTC/ABAG needs the one-time appropriation to complete a major data collection project with Plan Bay Area 2040 and other major planning projects. So far, fee waivers have been collected from Alameda County, $20,000; Santa Clara County, $49,700; and Solano County, $48,156. Napa and San Francisco counties are provided the data at no cost. Small fees have been paid by San Mateo County of $2,745, Sonoma County of $270, and Marin County of $80.

“We appreciate the hard work of Mr. Kramer and his staff,” said Supervisor Mitchoff moments before supervisors approved the fee waiver request.

Upon saying he will process the board of supervisors’ MTC/ABAG appropriation, County Assessor Kramer told the Contra Costa Herald, “The board of supervisors is a fickle bunch. They routinely ask me to raise the taxes of their enemies and lower the taxes of their friends. Nothing they say or they do so much as surprises me anymore.”

Increase County Street Lighting and County Landscaping District Fees

Owners of property in unincorporated Contra Costa County will see landscaping fees and street lighting fees rise.

Without hearing any public protests, supervisors increased 2019/2020 landscaping fees from a cumulative $1,440,004.23 in 2018/2019 to $1,526,180.02 in 2019/2020, an increase of $86,175.79 in 2019/2020. The 30 landscape zones consist of county-maintained irrigation, parks, recreation facilities, pedestrian bridges and landscape areas around the county.

Property assessments for county street lighting will also rise a cumulative $1,780,289.16 in 2019/2020, an increase from $1,730,356.97 in 2018/2019, an increase of $49,932.19.

On A Historical Note…

On a consent item, supervisors recognized and honored the sacrifice of the late Contra Costa County Deputy Sheriff William R. Johnson as a lawman almost 165 years after a he lost his life in the line of duty while serving a “writ of ejection” on July 31, 1852 at a house in Oakland unlawfully occupied by the suspect. Johnson was shot in the chest and he died at the scene.

Deputy Johnson, who was 34 and a husband and father of three children, was formally inducted into the National Law Enforcement Memorial in Washington, D.C. on May 13, 2019 and has been accepted by the California Peace Officer’s Memorial in Sacramento and scheduled for formal induction in May of 2020.

Kramer welcomes opportunity to face his accusers

By Scott Alonso, Public Information Officer, Contra Costa District Attorney

Today, Wed., June 5, 2019 the Contra Costa County District Attorney Office’s filed a Grand Jury Accusation against Contra Costa County Assessor Gus Kramer for “willful or corrupt” misconduct while serving as the county’s elected assessor (Government Code §§ 3060 et seq). Contra Costa County’s Civil Grand Jury asserts that the defendant violated state law in creating a hostile work environment for multiple employees in the Assessor’s Office. Due to state law, our Office must accept, serve and file the accusation against the defendant. If a jury finds Mr. Kramer violated the law and if he is convicted, he will be removed from his position as the county’s elected assessor.

The Accusation alleges misconduct by Kramer which occurred from December 2013 through 2019. The Grand Jury Accusation alleges that Mr. Kramer made sexual comments towards female employees and his disparaging remarks targeted one of the victim’s ethnicity. The Civil Grand Jury found this alleged conduct was “hostile or abusive” against four employees. As a result, the Civil Grand Jury through its investigation found that this conduct by Mr. Kramer created a hostile work environment for his employees and is therefore a violation of the Fair Housing and Employment Act.

Due to the sensitive nature of the allegations and to protect the privacy of the victims we will not be releasing any of their names.

Earlier this morning Senior Deputy District Attorney Christopher Walpole presented the filing before Contra Costa County Superior Court Judge Theresa Canepa in Department 35. Our Office was not involved and did not participate in the investigation by the Civil Grand Jury. The District Attorney requested a judicial hearing to determine if the Office will be recused from the remainder of this proceeding.

The foreperson for the 2018-2019 Grand Jury is Richard S. Nakano. State law lists the requirements for the Civil Grand Jury and District Attorney’s Office to process an accusation against a public official.

UPDATE: When reached for comment Kramer stated, “I welcome the opportunity to face my accusers after all these years of these behind doors accusations. When the facts come out, I have had not one, I have had not two, but I have had three independent investigations done by the county and I have been exonerated for sexual harassment, hostile work environment, and retaliation.”

“The sad part in all of this, the Grand Jury Foreman refused to hear my witnesses who would have refuted their claims. Worse he refused to give me the time I requested to present my side. They gave me two hours. I requested eight hours. The other side had more than 10 hours. Nor did he share all the information I provided him” he continued.” “The Grand Jury Foreman is guilty of obstruction of justice.”

When this is all over, the East Bay Times, the Board of Supervisors and their appointees on the Grand Jury are going to be ashamed of themselves for the unwarranted prosecution and persecution of the County Assessor,” Kramer stated. “The saddest part of this is corruption in government is alive and well on our Board of Supervisors.”

Allen Payton contributed to this report.

By Daniel Borsuk

The Contra Costa County Board of Supervisors unanimously approved a status-quo $3.69 billion budget for the 2019-2020 fiscal year at Tuesday’s meeting, but supervisors made more noise about the possibility they could be pushed to propose a countywide sales tax measure to cover rising labor and health care costs averaging about 3 percent for 2019-2020.

“We need some type of local tax revenue, but there is nothing under consideration right now,” Board Chair John Gioia of Richmond told the Contra Costa Herald after supervisors approved next fiscal year’s spending plan that attracted several critics of Sheriff-Coroner David Livingston’s $10 million budget increase request over recent charges one deputy had sexually and physically abused female inmates at the West County Detention Facility. That deputy has been dismissed by the sheriff.

When County Administrator David Twa initially presented the 2019-2020 tentative budget at an April 23 meeting, supervisors had sparingly talked around the tax issue idea, but at the May 7 meeting all five supervisors were more outspoken about the potential tax idea.

Citing how Alameda County produces $150 million in annual revenue from its sales tax, Gioia said, “We struggle with less.” In addition to Alameda County, San Mateo and San Francisco counties financially benefit from revenue coming from a sales tax.

“John is absolutely right, “said District 5 Supervisor Federal Glover. “We need another revenue source. We need to continue to grow our resources.”

District 3 Supervisor Diane Burgis hinted she could possibly support a sales tax measure given the current state of the county’s inability to deliver public services while adequately fulfilling the financial and health benefit needs of employees. “We are leveraging our dollars and our employees. We can do better,” Burgis said.

Vice Chair Candace Andersen doubted a countywide sales tax measure would win voter support. “I don’t know how a sales tax measure would get passed by the voters,” the supervisor from Danville said.

Supervisors OK DA Investigators Association Labor Pact

Supervisors unanimously approved a new four-year labor contract with the District Attorney Investigators’ Association. Investigators will earn from $8,293.27 per month to $11,480.60 per month based on seniority. The contract runs from July 1, 2019 through June 30, 2023.

8-Unit Pacheco Townhouse Approved

Without opposition from the public, supervisors unanimously approved developer Andy Akay’s plans to construct an eight-unit townhouse subdivision development at 214 Center Ave. in Pacheco. The three-story development will be constructed on a vacant .49-acre parcel of property. Each unit will have a two-car garage. The two bedroom and three-bedroom units will have living areas of 2,199 square feet to 2,203 square feet each.

Chaplaincy Services Contract Approved

Supervisors also approved as a consent item a Sheriff-Coroner contract with the Bay Area Chaplains, Inc. for an amount not to exceed $162,000. The Bay Area Chaplains will provide chaplaincy services in adult detention facilities from July 1, 2019 through June 30, 2020. Services will include providing materials, counseling, bible studies, worship services and responding to crisis and emergencies involving inmates or staff.

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

On Tuesday, March 12, 2019, District Attorney Diana Becton and staff attended an event in New York City to announce the end of the backlog of untested sexual assault kits in Contra Costa County. These results come from the Contra Costa County District Attorney’s Office participation in the Manhattan District Attorney’s Sexual Assault Kit Backlog Elimination Grant Program, a three-year grant program to test sexual assault kits.

Our Office was one of 32 grantees funded, totaling $1,841,535 to test 1,246 kits since 2015. The testing of these kits allowed for DNA evidence to be uploaded to the national DNA databank to assist in investigations and identify offenders.

“We partnered with 24 law enforcement agencies in our community to erase the backlog of sexual assault kits in Contra Costa County,” said Becton. “I want to express my gratitude for our partners working with our office to end the backlog. Testing these kits can help bring closure and justice to sexual assault victims. We are going to continue working on this issue to ensure we never have a backlog in our community again.”

To ease the burden of testing these kits, through this grant our Office collected the untested kits from participating agencies and sent the kits to Sorenson Forensics in Utah. The collaboration between Sorenson Forensics, the Contra Costa County Sheriff’s Crime Lab and our Office allowed for a more efficient process of testing these kits.

Due to state law in California, law enforcement agencies have mandated reporting timeframes to test these kits. If an agency chooses not to test, they have to substantiate their reasons to the California Department of Justice. Our Office will continue to monitor the progress of all agencies in Contra Costa County to ensure state law is followed and no kits remain untested.

Overall, the Manhattan District Attorney’s program tested 55,242 kits and resulted in 18,803 DNA profiles uploaded into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS). Locally, the results here for our kits were:

• 1,246 kits DNA tested (1978 to 2016)
• 182 DNA profiles entered into CODIS
• 122 Confirmatory hits
• 51 Offender hits
• 8 Cases reopened for further review by law enforcement agencies
• Full compliance of all participating agencies

By Daniel Borsuk

With Supervisor Diane Burgis of Brentwood absent from the meeting because she was recuperating from successful heart surgery on Monday, Contra Costa County Supervisors voted 4-0 to approve a variety of consent calendar agenda items during their regular meeting on Tuesday, Feb. 26. They included the following, the first two of which will benefit Antioch residents:

Kirker Pass Road Truck Lane Funding

Supervisors awarded a $14,153,763 contract to Granite Rock Company to construct the Kirker Pass Road Northbound Truck Climbing Lane project. Construction is set to begin this summer to add a truck lane on Kirker Pass Road from the Concord Pavilion to Hess Road. The addition of the lane is designed to reduce accidents caused by trucks traveling up Kirker Pass Road. Other contractors and their bids at the Jan. 22 disclosure were: Bay Cities Paving & Grading, Inc., $14,886,666; Ghilotti Construction Company, Inc., $15,225,077. 60; Gordon N. Ball, Inc. $15,528,038.20; Flatiron West, Inc. $15,528,038.20; Granite Construction Co, $16, 073, 185.10; O.C. Jones & Sons, Inc. $16,073, 788 and DeSilva Gates Construction, $17,500,000.

Waterfront Initiative Funding

Supervisors approved the new funding allocations of $142,500 to implement approved Northern Waterfront initiatives planned for 2019-2020. Those expenditures included $50,000 for the Hercules site exploration for bioscience, $12,000 for a May forum, $10,000 for State Lands/Crockett waterfront access, $70,000 for collaborative marketing and a marketing video. Supervisors had budgeted $500,000 in 2017 to cover Northern Waterfront Economic Development Initiative projects. Since the initiative’s launch, the only expenditure since then has been the $263,000 to consultant contracts or grant match.

Hazardous Materials Response Vehicle Funding

Spending $1.3 million from the Contra Costa County Fire Protection District budget to buy a Type I Hazardous Materials Response Vehicle that will be owned and operated by the county fire district. The acquisition of a new Type I Hazardous Material Response Vehicle will allow the fire district to own and operate its own vehicle. Since the formation of the county’s Hazardous Materials Team in 2016, the team has operated a vehicle on loan from the California Office of Emergency Services. That vehicle was recently out of service for over 30 days while it received warranty related repairs in Sacramento. That compromised the Contra Costa County team’s ability to respond to hazardous response incidents. Buying this vehicle will permit the Contra Costa County Fire Protection District to respond to future hazardous material response incidents.

Emerging Aeronautical Technologies to Be Promoted at County Airports

Supervisors permitted County Airports Director Keith Freitas to promote and market Buchanan Field and Byron Airport as testing locations for emerging aeronautical and aeronautical related technologies. There will be no financial cost to the county general fund associated with the promotion and marketing campaign. Airport staff and any county counsel staff time will be charged to the Airport Enterprise Fund.

Paying Additional $11,000 to Winchester for Sheriff’s Department Ammunition

Supervisors agreed to pay an additional $11,000 to buy Winchester ammunition for the Office of the Sheriff because after more than 20 years, Winchester has changed its ammunition distributor in Northern California from Adamson Police Products to Dooley Enterprises. In 2017, the Office of the Sheriff executed a new purchase order with Dooley Enterprises as the new Winchester ammunition distributor to meet future training and duty ammunition demands. As a result of the change in the purchase order. the county will have paid $411,000, not $400,000 for the purchase of ammunition for the period of July 1, 2017 through June 30, 2019.

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

Sheriff-Coroner David O. Livingston announces that a Coroner’s jury has reached a finding in the June 12, 2018 death of 52-year-old Phillip Andrew Jacobson of Antioch. The finding of the jury is that the death was a suicide.

Jacobson was arrested on booked into jail on July 11, 2017 by the Antioch Police Department. He was being held on eight counts of child molestation. (See related article).

The Coroner’s jury reached a unanimous verdict after hearing the testimony of witnesses called by hearing officer Matthew Guichard.

A Coroner’s inquest, which Sheriff-Coroner Livingston convenes in fatal incidents involving peace 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,  and At the hands of another person, other than by accident.

In an open letter to District 3 residents, Supervisor Diane Burgis, who has served the district since 2016, issued the following statement regarding her health.

“When I count the things I am grateful for, representing you is right up there with my family, friends and good health. I am humbled and honored for the trust that you have placed in me, and I take the responsibility that comes with that trust very seriously.

That is why I want you to know that I am having heart surgery on February 25 to replace an aortic valve due to aortic stenosis, or a narrowing of my aortic valve. What some don’t know is that when I was seven years old, I had this same procedure, and my surgeons told me then that I would likely need another surgery later in life. The good news is that due to my overall health, the operation is happening much later than they predicted.

My doctors, who have performed hundreds of these procedures, assure me that my prognosis is excellent and that I will be better than new after the surgery. I will be in the hospital for approximately one week and then at home for recovery.

In the meantime, I promise that you will receive the same high level of service, sound decision-making, and representation as always. My staff and the County staff will keep me updated on the issues, and my office will continue the vital work that we are doing, in consultation with me, and under the leadership of my Chief of Staff, Mark Goodwin.

I also want to put everyone on notice – if you think it’s hard to keep up with me now, just wait!! I look forward to continuing our work together to create opportunities and find solutions to our challenges in Contra Costa County.

I also can’t wait to ride my bike on the Marsh Creek trail, hike up Mount Diablo, kayak on the Delta, chase my beautiful grandson, and get back on the tennis courts!

I am ready for more adventures in this terrific life!

Thank you for your support, and well wishes.”

Mark Goodwin, Burgis’ Chief of Staff will be the primary point of contact during Supervisor Burgis’ surgery and recovery. Well wishes may be sent to Supervisor Burgis at her main office, 3361 Walnut Boulevard, Suite 140, Brentwood, CA 94513.

Supervisor Diane Burgis represents District 3, the largest of the five Contra Costa County Board of Supervisor districts, which includes Antioch, Bethel Island, Brentwood, Byron, Discovery Bay, Knightsen, and Oakley in East Contra Costa County and Blackhawk, Diablo and Tassajara Valley in the southern portion of the district.

 

By Daniel Borsuk

At their meeting on Tuesday, Feb. 12, 2019, the Contra Costa County Board of Supervisors appointed nine persons to serve in At-Large seats on the 2020 Census County Complete Count Steering Committee, a committee designed to set goals and objectives to identify community areas or a population group that might be difficult to count.

Appointed to the committee are Fran Biderman of Kensington, Alvaro Fuentes of Richmond, Samuel Houston of Concord, Melody Howe Weintraub of Lafayette, Terry Koehne of San Ramon, Mark Orcutt of Walnut Creek, Andres Orozco of Brentwood and Ali Saidi of Pinole.

District 3 Supervisors Diane Burgis of Brentwood chairs the committee.

Formation of the 2020 Census Complete county Steering Committee will aid the county is securing up to $362,605 in state aid to support the Complete Count campaign.

Supervisors Support Creation of Statewide Commission on Recycling Markets

On a consent action, supervisors called on Gov. Gavin Newsom to create a statewide commission on recycling markets citing the severity of environmental impacts triggered by China’s National Sword, that nation’s strict mixed paper and plastic contamination policy.

Upon noting that China has recently enacted strict mixed paper and plastic contamination limits and import bans, that are commonly called “National Sword,” China has declared its intent to ban all recyclable materials by 2020.

The board’s resolution states:

“Whereas, local governments across California will soon have to comply with additional state regulations for organic waste diversion and processing, SB 1383 (Chapters 395, 2016) establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025.  Infrastructure required to implement these regulations is expected to cost billions of dollars; and

“Whereas, these increased diversion requirements added to recent changes to international policies and a declining global market value for recyclables, has resulted in an issue of statewide concern for the resource recovery industry, local governments, and Californians;

“NOW, THEREFORE, BE IT RESOLVED that the Count of Contra Costa calls for the Governor to establish a statewide Commission to address these significant challenges to our recycling markets.”

Victim/Witness Program Post Approved

District Attorney Diana Becton won supervisors’ consent approval to hire a full-time Victim/Witness Assistance Program Specialist in the Human Trafficking unit.  The position will be responsible for advocacy and direct services for victims of human trafficking.  The position’s salary will be $3,992 to $4,853 per month.

Approve $149,869 Payment to Bay Area Stormwater Management Agencies Association

Supervisors also approved the payment of $149,869 to the Bay Area Stormwater Management Agencies Association (BASMAA) for services provided to the Contra Costa Clean Water Program during the period July 1, 2017 to June 30, 2018.  Program funding is provided by the county and 19 cities and towns within Contra Costa County.  Contra Costa County’s share is about $22,500.