Source: Restore the Delta
“The Tunnel Project will not save the Delta, and it probably will not save the State Water Project’s and Central Valley Project’s reliance on Delta exports either.” – letter from Restore the Delta on DEIR
The proposed Delta Conveyance Project (Delta Tunnel) would construct new water intake facilities on the Sacramento River in the north Delta to fill a single tunnel with diverted freshwater flows. That water would be shipped to large farming operations and water wholesalers south of the Delta. The Delta Conveyance project would divert up to 6,000 cubic feet of water per second. The project is estimated to cost between $16-40 billion and won’t be completed until at least 2040.
After the Draft Environmental Impact Report for the Delta Conveyance Project was released in July, the comment period was extended to today, Friday, December 16, 2022. The Draft EIR was prepared by the state Department of Water Resources (DWR) as the lead agency to comply with the requirements of the California Environmental Quality Act by evaluating a range of alternatives to the proposed project and disclosing potential environmental effects of the proposed project and alternatives, and associated mitigation measures for potentially significant impacts.
No decisions will be made on whether to approve the project until the conclusion of the environmental review process, after consideration of public comments submitted on the Draft EIR and issuances of a Final EIR. At that time, DWR will determine whether to approve the proposed project an alternative or no project.
On Wednesday, Dec. 14, 2022, Restore the Delta submitted detailed comments on the DEIR to the DWR.
“The California Department of Water Resources should be embarrassed by the lack of climate change planning in the DEIR for the proposed Delta Tunnel. The DEIR was out of date for climate change science when it was released in July 2022,” said Tim Stroshane, Policy Analyst, Restore the Delta. “If completed in 2040 it will be obsolete, then. Meanwhile, California will have spent big money on a project the state will be unable to use as Delta water levels rise. Instead, we should invest in the resilience of Delta environmental justice communities and the rest of the state for flood and water supplies, reducing the big projects’ reliance on the Delta for future water needs, using water use efficiency and water recycling, and increasing local and regional water supply self-sufficiency to ward off drought and megafloods.”
“DWR has learned nothing since California WaterFix. Their sales pitch, that the tunnel is a climate project, is built on incomplete data and faulty analysis,” said Barbara Barrigan-Parrilla, Executive Director of Restore the Delta. “They have continued their pattern of erasing how the project will impact Delta urban environmental justice communities. And they are minimizing how construction will ruin small Delta farming towns, and the natural resources essential to the cultural and spiritual practices of historic Delta tribes. The tunnel is a failed idea that nobody supports, except for the Department of Water Resources.”
Read the comment letter and attachments by Restore the Delta.
Highlights from the Comments
Environmental impact of Tunnel:
“Reviewing the Executive Summary, we count 17 significant and unavoidable impacts of the proposed Tunnel project on the environment. Among these impacts will be loss of prime agricultural farmland, loss of local non-tribal cultural resources, transportation and air quality impacts, and painful loss of tribal cultural resources. There are other impacts omitted, belittled, or greenwashed by the Tunnel DEIR.”
Flow and salinity impacts when Tunnel in operation:
“The Tunnel Project has region-scale impacts on the Delta, should it be built. The Tunnel DEIRacknowledges that a major operational impact will be, reducing Sacramento River flows (and hence flows to its distributaries in north and central Delta channels) and reducing the estuary’s ability to repel tidal salt waters which are ever-present (see Attachment 9 to this letter). Such operational impacts will have economic and ecological impact on the Delta region, and a Community Benefits Program must be developed to mitigate the economic and ecological effects of Tunnel operations on Delta communities, especially environmental justice communities.”
Failure to consider alternatives:
“DWR in particular is hide-bound in its loyalty to a Delta conveyance approach eclipsed by the emerging and growing effects of extreme heat and extreme storms.
“A huge failure of imagination by DWR is on display in this DEIR. Each of these alternatives is vulnerable to the slings and arrows of expected climate change effects, which we will go into further below when commenting on project modeling methods and results. But what we see displayed in the Tunnel DEIR is a complete failure of state water officials to imagine alternative approaches these last few years since the demise of California WaterFix in early 2019.”
Faulty consideration of Delta Environmental Justice impacts:
“We are deeply disappointed that DWR resorted to ignoring its ‘Your Delta, Your Voice’ Survey as a basis for informing how and what kind of environmental, environmental justice, and community impacts the Delta Tunnel Project would impose on the Delta EJ community both of the direct Legal Delta and of the Delta Region as a whole. It is plainly obvious that 1) the Legal Delta as well as the Delta Region are bona fide environmental justice communities, with relatively small proportions of white and wealthy populations; 2) Delta residents AND Delta region community members rely substantially on the Delta directly, and the north Delta in particular, for subsistence fishing, and it is thus an environmental impact to have both fishing spots taken away from anglers and fish removed from the vicinity for North Delta Intakes construction activities; and 3) in the operational phase, lost flows in the Delta will increase salinity in the Delta as it reduces flows in north and central Delta channels, and thereby contributing to the spread of harmful algal blooms which will disproportionately injure Delta people who rely on fishing and broad outdoor activities to enjoy the Delta. In sum, the Delta Tunnel Project will harm such beneficial users of water as fish, outdoor water-contact recreation, and environmental justice communities.”
About Restore the Delta
Restore the Delta (RTD) is a grassroots campaign of residents and organizations committed to restoring the Sacramento-San Joaquin Delta so that fisheries, communities, and family farming can thrive there together again; so that water quality is protected for all communities, particularly environmental justice communities; and so that Delta environmental justice communities are protected from flood and drought impacts resulting from climate change while gaining improved public access to clean waterways. Ultimately our goal is to connect communities to our area rivers and to empower communities to become the guardians of the estuary through participation in government planning and waterway monitoring. RTD advocates for local Delta stakeholders to ensure that they have a direct impact on water management decisions affecting the well-being of their communities, and water sustainability policies for all Californians.
ICYMI 12/10/22: Delta Tunnel Meeting, Greenhouse Gaslighting, HABs in 2022
Allen D. Payton contributed to this report.
Free event for special needs teens and adults
By Lynda Green
The Be Exceptional Programs for special needs teens and adults will hold our annual Winter Ball this Friday, December 16, 2022, in Brentwood, this is a free event.
We are also seeking community support to provide snacks or drinks.
To register and more information can be found on our website at beexceptionalprograms.com or our Facebook page.
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Arrested in Hercules with 50 cloned EBT cards; bail set at $1 million each
By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office
Two fly-by-night individuals have been charged with multiple felonies and face misdemeanor charges in a sophisticated financial criminal scheme that defrauded hundreds of Californians receiving public assistance.
27-year-old Florin Tanasa and 30-year-old Adam Nilsson each face seven felony counts that includes second degree commercial burglary, grand theft, theft, forgery, and conspiracy. In addition, Tanasa and Nilsson face misdemeanor charges of possessing and/or using a fraudulent scanning device.
Both men, who have no known ties to Contra Costa County or the Bay Area, were arrested by Hercules Police Officers on December 1st at a Bank of America branch on Sycamore Avenue. Police were called to the location after a bank official alerted authorities of consecutive cash withdrawals from EBT cards at the bank’s ATM. A search of their vehicle found 50 fraudulently cloned EBT cards, credit card skimming equipment, and thousands of dollars in cash. They were arraigned Tuesday in Martinez and entered a plea of not guilty.
Deputy District Attorney Dana Filkowski filed a court motion stating the defendants were flight risks, threats to public safety, and are also under investigation in the City of Belmont and Santa Barbara County for similar crimes. Moreover, Hercules Police authorities established probable cause that funds used by the defendants to post bail would likely come from their criminal activity. Filkowski asked Judge Nancy Davis Stark to set their bail at $1 million each – which she agreed to do.
“Nilsson and Tanasa are mobile perpetrators who have preyed upon California’s most vulnerable residents,” Filkowski said. “Their financial crimes have bilked individuals and families of assistance they need for support. Had they been released on bail they would have likely continued their criminal enterprise of defrauding those in need.”
There are ways for people to protect themselves from financial fraud at ATMs or Point of Sale machines. The California Welfare Fraud Investigators Association features a video on how these scams work, and the California Department of Socials Services also has a video on common EBT scams.
2-22-01426 & 2-22-01425 | The People of the State of California vs. Adam Nilssen and Florin Tanasa
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Secretary of the California Department of Veterans Affairs, Dr. Vito Imbasciani. Source: Veterans’ Voices
Includes interview with Secretary of the California Department of Veterans Affairs Dr. Vito Imbasciani
By Ray Alvarado, Contra Costa County Office of Communications & Media
On Monday, December 12th, at 7 pm (PST), the Veterans’ Voices show will premiere its “Best of 2022” show, highlighting some of the best moments from the past year. It will showcase some of the most interesting interviews from a wide range of topics important to the Veterans community. The show will feature Veterans from all branches of service sharing their experiences. It will also include an interview with the Secretary of the California Department of Veterans Affairs, Dr. Vito Imbasciani.
The Veterans’ Voices program is broadcasted on Contra Costa Television (CCTV) on the second Monday of every month at 7 pm. It can be seen live online at facebook.com/veteransvoices1. You can find an archive of past shows and show resources at https://contracosta.ca.gov/5163/Veterans-Voices
or on our YouTube channel Veterans’ Voices of Contra Costa. The show is re-run multiple times on CCTV on Comcast Channel 27, Astound Channels 32 and 1027, and AT&T U-Verse Channel 99.
Join us as we present our year of topics discussed from the Veterans’ point of view. We are proud to share these open and honest discussions and honor those who serve.
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Initial cost estimate of $38,500 per may be reduced by work on both
Could take 6 to 7 days
By Dawn Kruger, Civic Outreach and Engagement Specialist
The County Clerk-Recorder-Elections Department has received two recount requests for races in the November 8, 2022, General Election. One request is for the Antioch District 1 City Council race in which Tamisha Torres-Walker won over Joy Motts by three votes and the second is for the Richmond District 2 City Council race, which ended in a tie between Andrew Butt and Cesar Zepeda. Today, Wednesday, Dec. 7 at 5:00 p.m. is the deadline for requesting a recount.
In California, any voter may request a recount. For single-county races, a request for recount must be made within five days of the county canvass/certification. No reason is required.
“Our office conducted expanded manual tally audits for these two close races, which were attended by the affected candidates and media representatives. These audits were done above and beyond the state requirements and at the County Elections Division’s cost. Our staff has done an excellent job and I am confident in their work. These requests are within the rules for recounts,” said Debi Cooper, Clerk-Recorder-Registrar. “As per state law, the requestor of the recount must pay the cost for the recount. The cost is determined based on the steps involved in the recount, including the sorting out of the physical paper ballots. Our office is preparing estimated costs for the requestors based on the type of recount that have been requested.”
On Monday night, Allen Payton, Antioch resident and publisher of the Antioch Herald and Contra Costa Herald, submitted a request for a hand recount of the ballots on behalf of candidate Joy Motts who lost to incumbent Councilwoman Tamisha Torres-Walker. The letter was received by the elections staff Tuesday morning. On Wednesday, according to outgoing Richmond Mayor Tom Butt, the father of Andrew Butt who lost yesterday’s tiebreaker, the Butt campaign requested a hand recount of the ballots in that race.
The hand count by elections staff, last Thursday, was of the copies of images of the ballots that had been scanned through the machines. (See related articles here and here)
Once the costs are provided to the requestor, the recount will begin after payment for the first day’s processing is received. The recount must begin within 7 days of the official request. California law states that costs paid by the requestor are to be refunded if the recount changes the outcome of the election in favor of the requestor. The requestor is responsible for all costs of the recount. If the outcome does not change, the requestor may receive a refund if the amount paid was greater than the actual cost of the recount.
If the recount is conducted with the original paper ballots, the recount is expected to take 6-7 days. Conducting parallel recounts for two districts may save some shared costs but will take longer than the process for a single jurisdiction.
According to Tommy Gong, Deputy Clerk-Recorder, the initial estimate is $38,500 for each recount, as staff has to go to the warehouse, use a forklift and retrieve the boxes of ballots. That’s because, according to Helen Nolan, Assistant Registrar of Voters, the ballots are no longer stored by precinct but as they arrive in the Elections office. They will have to pull the 4,500 ballots from the estimated 1.3 million ballot pages submitted in the county during the November election. Each ballot included four pages, she added.
Wong estimated the sorting would take five days and recounting one day. However, he explained that they know how many ballots for each race and the results of the votes on those ballots that are in each box. Gong said the price for each recount could be reduced by sharing in the cost of retrieving and sorting the ballots. He also said he would also be checking with the Secretary of State’s office, today to determine if the recount could be done box by box in the warehouse which could further reduce the costs. Gong said he will know if that’s allowable Wednesday afternoon.
More information on recounts is available on the Secretary of State’s website here. You can also reach out to the Elections Division at 925-335-7800.
Allen D. Payton contributed to this report.
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Cesar Zepeda. Source: campaign photo
By Allen D. Payton
The tie between Cesar Zepeda and Andrew Butt in the Richmond City Council District 2 race was broken on Tuesday, Dec. 6, 2022, when Richmond City Clerk Pamela Christiansen pulled one of two envelopes out of a shopping bag. The candidates agreed to the process in which each had their name included in an envelope. (See related article)
The name on the green envelope the city clerk removed from the bag was Zepeda’s who will be the new District 2 Councilmember.
Supervisor John Gioia wrote on his Facebook page Tuesday afternoon, “Congratulations to Cesar Zepeda. And my sympathies to Andrew Butt. This is a very hard way to lose an election after a hard fought campaign. This shows that #EveryVoteMatters!”
However, as of today, Wednesday, December 7, according to Andrew’s father, outgoing Mayor Tom Butt, the Butt campaign has requested a hand recount of the ballots. More details about that to follow.
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Biggest Menorah in Eastern Contra Costa!
You are invited to join us for a grand Chanukah Celebration
Come celebrate the Festival of Lights with Chabad of the Delta and our surrounding communities as we light the Grand Menorah on Sunday, December 18 at 4:30 pm in Brentwood City Park.
Our local community leaders will participate in kindling the giant “Menorah of Freedom”. There will be fun activities for everyone including:
- Chanukah crafts, glitter art and a photo op!
- Delicious traditional latkes and donuts!
- A Grand Raffle!
- Fire and LED performer Aaron Zamarron
For many of us, Chanukah prompts warm, loving memories from our childhood. We light the Menorah every night of the 8-night holiday. These lights offer warmth, joy, strength, inspiration and renews our sense of identity.
Rabbi Peretz Goldshmid, director of the Chabad of the Delta Jewish Center, describes Chanukah as “a holiday that enriches our lives with the light of tradition. In ancient times our ancestors rededicated the Temple in Jersusalem with the Menorah. Today, we rededicate ourselves to making this world a better and brighter place.”
As we celebrate in East Contra Costa, we join millions the world over, promoting the universal message that good will prevail over evil, freedom over oppression and light over darkness!
Make sure not to miss this opportunity to celebrate with your family and friends! Outdoor event, please dress accordingly.
This is a FREE event. All donations are appreciated! Register by clicking here.
For more information, contact Chabad of the Delta at (925) 420-4999 or online at JewishDelta.com/Chanukah.
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Isaac White-Carter. Booking photo by APD
U.S. Marshals assist; arrested last year and this year for battery and threats
By Public Information Officer Ashley Crandell, Support Services Division, Antioch Police Department
Isaac White-Carter caught on surveillance camera at Habit Burger Grill on Nov. 12, 2022.
On November 12, 2022, at approximately 5:25 pm, the Antioch Police Department Dispatch Center began receiving calls of an assault that occurred at The Habit Burger Grill located at 2430 Mahogany Way in Antioch. Officers learned an employee was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied. The victim lost her right eye because of the incident.
Our Investigations Bureau worked tirelessly to identify and locate the suspect over the last several weeks. Through that ongoing investigation, Isaac White-Carter, a 20-year-old resident of Hayward, was identified as the assailant. Antioch Police Department Special Operations Unit detectives worked in collaboration with the United States Marshalls Service (USMS) to locate Mr. White-Carter. USMS Agents with the Pacific Southwest Regional Fugitive Task Force arrested White-Carter in Hayward, California, this morning and turned him over to Antioch Police detectives. He has been arrested for the felony charges of mayhem and aggravated assault causing great bodily injury. Detectives will be presenting their case to the Contra Costa County District Attorney’s Office for prosecution.
We want to thank the Contra County Sheriff’s Office, the United States Marshalls Service, and members of the community who came forward to assist with this investigation.
During a press conference on Monday afternoon, Dec. 5, Detective John Cox shared that the victim will be helped by the Victims of Violent Crimes through the Contra Costa District Attorney’s Office. He also shared that White-Carter is known to Antioch Police and that he was arrested last year.
According to localcrimenews.com, White-Carter was arrested by Concord Police on August 31, 2021, for 243(A) – battery on a person and 422(A) – threats of violence. He was again arrested on March 14, this year for 243(E)(1) – battery on a spouse, cohabitant or former spouse and
422 – threats of violence.
Surveillance video screenshot of incident at Habit Burger Gril on Nov. 12, 2022.
The members of the Antioch Police Department express their support and gratitude to the victim for helping a community member in need.
If anyone has further information pertaining to the case, please contact Detective John Cox at jcox@antiochca.gov. You can also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.
Allen D. Payton contributed to this report.
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Mount Diablo Summit Beacon. By Stephen Joseph.
On Pearl Harbor Remembrance Day
By Laura Kindsvater, Communications Manager, Save Mount Diablo
On December 7th, Mount Diablo’s Beacon will be relit by a survivor of Pearl Harbor supported by a Save Mount Diablo team.
The Sons and Daughters of Pearl Harbor Survivors, Chapter 5 are pleased to co-sponsor this 59th Annual National Pearl Harbor Remembrance Day Beacon Lighting Ceremony with Save Mount Diablo, California State Parks, and California State University, East Bay.
We invite you to attend the ceremony to pay tribute to the lives that were lost and honor our surviving veterans of Pearl Harbor. The ceremony will be held at the California State University, East Bay Concord Campus, at 4700 Ygnacio Valley Road in Concord.
Viewing of the new USS Arizona exhibit at the CSUEB Concord Campus will be available from 3:00 PM to 3:45 PM as well as 45 minutes post ceremony. The ceremony will commence at 3:45 PM.
The program begins with the posting of colors, pledge of allegiance, and national anthem.
Ted Clement, Executive Director of Save Mount Diablo; Clint Elsholz, Acting Diablo Range District Superintendent for California State Parks; and Robert Phelps, PhD, Executive Director of California State University, East Bay Concord Campus will then speak.
Pearl Harbor survivors in attendance will be introduced by Wayne Korsinen, honorary member of the Sons and Daughters of Pearl Harbor Survivors.
A performance of “God Bless the USA” by Erin Hegerty and guitar solo by Darren Brouestle will follow. Then Catharine Baker, former State Assemblymember, will speak. Afterwards, Frank Dorritie of Bugles Across America will perform “Taps.” At 5 PM, the Beacon will be lit.
“The Beacon lighting is a tribute to those individuals that lost their lives at Pearl Harbor,” remarked Earl “Chuck” Kohler, the last known remaining serviceman survivor in Contra Costa County.
The ceremony is also an opportunity to honor the survivors.
The ceremony will also be broadcast on Contra Costa Television during the following dates and times:
- Wednesday, December 14 at 7 PM
- Thursday, December 15 at 2 AM
- Saturday, December 17 at 5:30 PM
- Monday, December 19 at 8 PM
- Tuesday, December 20 at 10 AM
- Wednesday, December 21 at 5 PM
- Thursday, December 22 at 6 PM
The Beacon on Mount Diablo was originally installed and illuminated in 1928 to aid in transcontinental aviation. It is one of the four guiding beacons installed along the west coast by Standard Oil of California and is the only one known to still be operational.
After the attack on Pearl Harbor, the Beacon’s light was extinguished during the west coast blackout, for fear it could enable an attack on California. It stayed dark until Pearl Harbor Day in 1964, when Fleet Admiral Chester Nimitz, Commander in Chief of Pacific Forces during World War II, relit the Beacon in a commemorative ceremony and suggested it be illuminated every December 7th to honor those who served and sacrificed.
Since that day, Pearl Harbor veterans and their families have gathered every December 7th to see the Beacon light shine once again.
The Beacon now shines brighter than ever since it underwent an extensive restoration process in 2013 (thanks to a campaign led by Save Mount Diablo) to ensure it continues to shine for many more years. The Pearl Harbor Survivors now know that the Beacon will shine long after they are gone.
The Beacon is lit at sunset and shines all night on this evening each year. Beginning this year, it was also lit on Memorial Day and Veterans Day. On Sunday, April 11, 2021, Save Mount Diablo concluded a year of lighting the Beacon weekly to bring light and hope to our region during the worst of the pandemic.
Save Mount Diablo
Save Mount Diablo is a nationally accredited, nonprofit land trust founded in 1971 with a mission
to preserve Mount Diablo’s peaks, surrounding foothills, watersheds, and connection to the Diablo Range through land acquisition and preservation strategies designed to protect the mountain’s natural beauty, biological diversity, and historic and agricultural heritage; enhance our area’s quality of life; and provide educational and recreational opportunities consistent with protection of natural resources. To learn more, please visit www.savemountdiablo.org.
What: Save Mount Diablo; the Sons and Daughters of Pearl Harbor Survivors Association, Chapter 5; and California State Parks will light the “Eye of Diablo,” the Beacon atop Mount Diablo to memorialize National Pearl Harbor Remembrance Day. As the number of survivors has decreased over the years, the number of people attending the ceremony in honor of these heroes has increased, including many sons and daughters vital to organizing the service.
When: Wednesday, December 7th, 2022
USS Arizona viewing begins at 3:00 PM, ceremony at 3:45 PM, Beacon lighting at 5:00 PM
Where: The ceremony will be held at the California State University, East Bay Concord Campus, 4700 Ygnacio Valley Road, in Concord.
Directions: http://goo.gl/maps/jXhcW
Access: Parking is available on campus, and parking fees will be waived for this event. See campus map.
For more information on the Beacon:
https://savemountdiablo.org/experience/events-outings/beacon-lighting/
Read MoreWhat happens in a tie such as Richmond council race?
By Dawn Kruger, Civic Outreach and Engagement Specialist, Contra Costa County Elections Division
Contra Costa County Clerk-Recorder-Registrar Debi Cooper certified the results of the November 8, 2022, General Election today, Friday, Dec. 2, 2022.
“Our elections team has once again administered an accurate, transparent, safe and secure election for Contra Costa County. This team of expert staff made a very complicated and technical process look easy – it isn’t,” Cooper said. “I am proud of this talented group, who make democracy happen for Contra Costa voters and provide incredible service. This includes: permanent staff, temporary workers, poll workers, and volunteers. I want to thank each of them for their hard work and civic service. It is my honor and privilege to certify my last election as the head of this department.”
The Elections Division conducted the canvass to complete the official count of all qualified ballots and to perform audits to verify the tabulation equipment performed as intended.
The purpose of the canvass accomplishes four primary tasks: ensuring that every eligible ballot is counted, that voters only voted once, that proper procedures were followed, and that the vote tabulation system counted ballots properly.
The final turnout for this Primary Election totaled 394,153 ballots cast, representing 56.15% of the 701,969 registered voters of Contra Costa County.
The final official report for this election is now posted on the Contra Costa County Elections website at www.contracostavote.gov.
The following was posted on the Elections Division website and applies to the Richmond City Council District 2 race that ended in a tie: (See related article)
Every vote counts!!! What happens in the case of a tie?
The Contra Costa Elections Division has now certified our Official Results for the November 8, 2022 General Election. We had two very close races; one by only 3 votes and one that ended in a tie. This is perfect example why we say that EVERY VOTE COUNTS!
In the event of a tie vote, Election Code says that tie may be decided by “lot” – a game of chance. (The Elections office has conducted a tie-breaker before by the roll of dice.)
Each city that requests to consolidate their election must define in their resolution, how a tie will be decided. Richmond’s City Resolution 79-22 states that a tie for the Richmond City Council District 2 will be decided by the City of Richmond, once we certify the results. Please contact the Richmond City Clerk’s office for more information.
Supervisor Gioia Explains Tie-Breaker Process
According to District 1 Supervisor John Gioia in a Friday afternoon email shared the following about the process for the tie-breaker in the Richmond City Council District 1 race:
A Resolution passed by the Richmond City Council on 6/21/22 specifically states: “That the County Election Department is authorized to canvass the returns of the Municipal Election.”
California Elections Code 15302 defines what it means to “canvass the returns”, which basically means to count the ballots, and certify and report the results. Section (h) calls for “Reporting final results to the governing board (in this case, the City of Richmond) and the Secretary of State, as required.”
County Elections has now finished its statutory responsibility under the State Elections Code to “canvass” the ballots, certify the results, and report them to the City.
What happens when the official certified results are tied? California Elections Code 15651 provides – “determine the tie by lot”. In other words, the tie must be broken by a process that is based on chance, not on skill. A recent tied election in the County was determined by the roll of dice. Drawing a card, flipping a coin, or pulling a name out of a hat have been used in the past. No running races allowed!
The Mayor and City Council voted to establish their own process of chance. Under the Richmond City Council’s 6/21/22 resolution: “..if two or more candidates for mayor or in a district receive an equal and the highest number of votes, the City Clerk shall summon the candidates receiving the tie vote to appear before her, at the time designated by the City Clerk, in the Council Chamber. The City Clerk shall place the name of each candidate in a sealed unmarked envelope and the tie vote shall be broken by lot.”
It is now up to the Richmond City Clerk to conduct the process to break the tie, as set forth in their resolution. County Elections has no authority to conduct this tie-breaker. I’ve been told that Richmond’s City Attorney is advising the City Clerk on this issue.
This should be a public process. The City Clerk has previously stated that the process would be telecast on live streaming through the City’s website.
We will await to hear any announcements by the City Clerk on when, how and where the tie-breaking process will occur. I have heard that the City Clerk is out of the office today so it appears that any tie-breaker will not occur until next week.
Allen D. Payton contributed to this report.
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Source: Restore the Delta
“The Tunnel Project will not save the Delta, and it probably will not save the State Water Project’s and Central Valley Project’s reliance on Delta exports either.” – letter from Restore the Delta on DEIR
The proposed Delta Conveyance Project (Delta Tunnel) would construct new water intake facilities on the Sacramento River in the north Delta to fill a single tunnel with diverted freshwater flows. That water would be shipped to large farming operations and water wholesalers south of the Delta. The Delta Conveyance project would divert up to 6,000 cubic feet of water per second. The project is estimated to cost between $16-40 billion and won’t be completed until at least 2040.
After the Draft Environmental Impact Report for the Delta Conveyance Project was released in July, the comment period was extended to today, Friday, December 16, 2022. The Draft EIR was prepared by the state Department of Water Resources (DWR) as the lead agency to comply with the requirements of the California Environmental Quality Act by evaluating a range of alternatives to the proposed project and disclosing potential environmental effects of the proposed project and alternatives, and associated mitigation measures for potentially significant impacts.
No decisions will be made on whether to approve the project until the conclusion of the environmental review process, after consideration of public comments submitted on the Draft EIR and issuances of a Final EIR. At that time, DWR will determine whether to approve the proposed project an alternative or no project.
On Wednesday, Dec. 14, 2022, Restore the Delta submitted detailed comments on the DEIR to the DWR.
“The California Department of Water Resources should be embarrassed by the lack of climate change planning in the DEIR for the proposed Delta Tunnel. The DEIR was out of date for climate change science when it was released in July 2022,” said Tim Stroshane, Policy Analyst, Restore the Delta. “If completed in 2040 it will be obsolete, then. Meanwhile, California will have spent big money on a project the state will be unable to use as Delta water levels rise. Instead, we should invest in the resilience of Delta environmental justice communities and the rest of the state for flood and water supplies, reducing the big projects’ reliance on the Delta for future water needs, using water use efficiency and water recycling, and increasing local and regional water supply self-sufficiency to ward off drought and megafloods.”
“DWR has learned nothing since California WaterFix. Their sales pitch, that the tunnel is a climate project, is built on incomplete data and faulty analysis,” said Barbara Barrigan-Parrilla, Executive Director of Restore the Delta. “They have continued their pattern of erasing how the project will impact Delta urban environmental justice communities. And they are minimizing how construction will ruin small Delta farming towns, and the natural resources essential to the cultural and spiritual practices of historic Delta tribes. The tunnel is a failed idea that nobody supports, except for the Department of Water Resources.”
Read the comment letter and attachments by Restore the Delta.
Highlights from the Comments
Environmental impact of Tunnel:
“Reviewing the Executive Summary, we count 17 significant and unavoidable impacts of the proposed Tunnel project on the environment. Among these impacts will be loss of prime agricultural farmland, loss of local non-tribal cultural resources, transportation and air quality impacts, and painful loss of tribal cultural resources. There are other impacts omitted, belittled, or greenwashed by the Tunnel DEIR.”
Flow and salinity impacts when Tunnel in operation:
“The Tunnel Project has region-scale impacts on the Delta, should it be built. The Tunnel DEIRacknowledges that a major operational impact will be, reducing Sacramento River flows (and hence flows to its distributaries in north and central Delta channels) and reducing the estuary’s ability to repel tidal salt waters which are ever-present (see Attachment 9 to this letter). Such operational impacts will have economic and ecological impact on the Delta region, and a Community Benefits Program must be developed to mitigate the economic and ecological effects of Tunnel operations on Delta communities, especially environmental justice communities.”
Failure to consider alternatives:
“DWR in particular is hide-bound in its loyalty to a Delta conveyance approach eclipsed by the emerging and growing effects of extreme heat and extreme storms.
“A huge failure of imagination by DWR is on display in this DEIR. Each of these alternatives is vulnerable to the slings and arrows of expected climate change effects, which we will go into further below when commenting on project modeling methods and results. But what we see displayed in the Tunnel DEIR is a complete failure of state water officials to imagine alternative approaches these last few years since the demise of California WaterFix in early 2019.”
Faulty consideration of Delta Environmental Justice impacts:
“We are deeply disappointed that DWR resorted to ignoring its ‘Your Delta, Your Voice’ Survey as a basis for informing how and what kind of environmental, environmental justice, and community impacts the Delta Tunnel Project would impose on the Delta EJ community both of the direct Legal Delta and of the Delta Region as a whole. It is plainly obvious that 1) the Legal Delta as well as the Delta Region are bona fide environmental justice communities, with relatively small proportions of white and wealthy populations; 2) Delta residents AND Delta region community members rely substantially on the Delta directly, and the north Delta in particular, for subsistence fishing, and it is thus an environmental impact to have both fishing spots taken away from anglers and fish removed from the vicinity for North Delta Intakes construction activities; and 3) in the operational phase, lost flows in the Delta will increase salinity in the Delta as it reduces flows in north and central Delta channels, and thereby contributing to the spread of harmful algal blooms which will disproportionately injure Delta people who rely on fishing and broad outdoor activities to enjoy the Delta. In sum, the Delta Tunnel Project will harm such beneficial users of water as fish, outdoor water-contact recreation, and environmental justice communities.”
About Restore the Delta
Restore the Delta (RTD) is a grassroots campaign of residents and organizations committed to restoring the Sacramento-San Joaquin Delta so that fisheries, communities, and family farming can thrive there together again; so that water quality is protected for all communities, particularly environmental justice communities; and so that Delta environmental justice communities are protected from flood and drought impacts resulting from climate change while gaining improved public access to clean waterways. Ultimately our goal is to connect communities to our area rivers and to empower communities to become the guardians of the estuary through participation in government planning and waterway monitoring. RTD advocates for local Delta stakeholders to ensure that they have a direct impact on water management decisions affecting the well-being of their communities, and water sustainability policies for all Californians.
ICYMI 12/10/22: Delta Tunnel Meeting, Greenhouse Gaslighting, HABs in 2022
Allen D. Payton contributed to this report.
Free event for special needs teens and adults
By Lynda Green
The Be Exceptional Programs for special needs teens and adults will hold our annual Winter Ball this Friday, December 16, 2022, in Brentwood, this is a free event.
We are also seeking community support to provide snacks or drinks.
To register and more information can be found on our website at beexceptionalprograms.com or our Facebook page.
Read MoreArrested in Hercules with 50 cloned EBT cards; bail set at $1 million each
By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office
Two fly-by-night individuals have been charged with multiple felonies and face misdemeanor charges in a sophisticated financial criminal scheme that defrauded hundreds of Californians receiving public assistance.
27-year-old Florin Tanasa and 30-year-old Adam Nilsson each face seven felony counts that includes second degree commercial burglary, grand theft, theft, forgery, and conspiracy. In addition, Tanasa and Nilsson face misdemeanor charges of possessing and/or using a fraudulent scanning device.
Both men, who have no known ties to Contra Costa County or the Bay Area, were arrested by Hercules Police Officers on December 1st at a Bank of America branch on Sycamore Avenue. Police were called to the location after a bank official alerted authorities of consecutive cash withdrawals from EBT cards at the bank’s ATM. A search of their vehicle found 50 fraudulently cloned EBT cards, credit card skimming equipment, and thousands of dollars in cash. They were arraigned Tuesday in Martinez and entered a plea of not guilty.
Deputy District Attorney Dana Filkowski filed a court motion stating the defendants were flight risks, threats to public safety, and are also under investigation in the City of Belmont and Santa Barbara County for similar crimes. Moreover, Hercules Police authorities established probable cause that funds used by the defendants to post bail would likely come from their criminal activity. Filkowski asked Judge Nancy Davis Stark to set their bail at $1 million each – which she agreed to do.
“Nilsson and Tanasa are mobile perpetrators who have preyed upon California’s most vulnerable residents,” Filkowski said. “Their financial crimes have bilked individuals and families of assistance they need for support. Had they been released on bail they would have likely continued their criminal enterprise of defrauding those in need.”
There are ways for people to protect themselves from financial fraud at ATMs or Point of Sale machines. The California Welfare Fraud Investigators Association features a video on how these scams work, and the California Department of Socials Services also has a video on common EBT scams.
2-22-01426 & 2-22-01425 | The People of the State of California vs. Adam Nilssen and Florin Tanasa
Read MoreSecretary of the California Department of Veterans Affairs, Dr. Vito Imbasciani. Source: Veterans’ Voices
Includes interview with Secretary of the California Department of Veterans Affairs Dr. Vito Imbasciani
By Ray Alvarado, Contra Costa County Office of Communications & Media
On Monday, December 12th, at 7 pm (PST), the Veterans’ Voices show will premiere its “Best of 2022” show, highlighting some of the best moments from the past year. It will showcase some of the most interesting interviews from a wide range of topics important to the Veterans community. The show will feature Veterans from all branches of service sharing their experiences. It will also include an interview with the Secretary of the California Department of Veterans Affairs, Dr. Vito Imbasciani.
The Veterans’ Voices program is broadcasted on Contra Costa Television (CCTV) on the second Monday of every month at 7 pm. It can be seen live online at facebook.com/veteransvoices1. You can find an archive of past shows and show resources at https://contracosta.ca.gov/5163/Veterans-Voices
or on our YouTube channel Veterans’ Voices of Contra Costa. The show is re-run multiple times on CCTV on Comcast Channel 27, Astound Channels 32 and 1027, and AT&T U-Verse Channel 99.
Join us as we present our year of topics discussed from the Veterans’ point of view. We are proud to share these open and honest discussions and honor those who serve.
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Initial cost estimate of $38,500 per may be reduced by work on both
Could take 6 to 7 days
By Dawn Kruger, Civic Outreach and Engagement Specialist
The County Clerk-Recorder-Elections Department has received two recount requests for races in the November 8, 2022, General Election. One request is for the Antioch District 1 City Council race in which Tamisha Torres-Walker won over Joy Motts by three votes and the second is for the Richmond District 2 City Council race, which ended in a tie between Andrew Butt and Cesar Zepeda. Today, Wednesday, Dec. 7 at 5:00 p.m. is the deadline for requesting a recount.
In California, any voter may request a recount. For single-county races, a request for recount must be made within five days of the county canvass/certification. No reason is required.
“Our office conducted expanded manual tally audits for these two close races, which were attended by the affected candidates and media representatives. These audits were done above and beyond the state requirements and at the County Elections Division’s cost. Our staff has done an excellent job and I am confident in their work. These requests are within the rules for recounts,” said Debi Cooper, Clerk-Recorder-Registrar. “As per state law, the requestor of the recount must pay the cost for the recount. The cost is determined based on the steps involved in the recount, including the sorting out of the physical paper ballots. Our office is preparing estimated costs for the requestors based on the type of recount that have been requested.”
On Monday night, Allen Payton, Antioch resident and publisher of the Antioch Herald and Contra Costa Herald, submitted a request for a hand recount of the ballots on behalf of candidate Joy Motts who lost to incumbent Councilwoman Tamisha Torres-Walker. The letter was received by the elections staff Tuesday morning. On Wednesday, according to outgoing Richmond Mayor Tom Butt, the father of Andrew Butt who lost yesterday’s tiebreaker, the Butt campaign requested a hand recount of the ballots in that race.
The hand count by elections staff, last Thursday, was of the copies of images of the ballots that had been scanned through the machines. (See related articles here and here)
Once the costs are provided to the requestor, the recount will begin after payment for the first day’s processing is received. The recount must begin within 7 days of the official request. California law states that costs paid by the requestor are to be refunded if the recount changes the outcome of the election in favor of the requestor. The requestor is responsible for all costs of the recount. If the outcome does not change, the requestor may receive a refund if the amount paid was greater than the actual cost of the recount.
If the recount is conducted with the original paper ballots, the recount is expected to take 6-7 days. Conducting parallel recounts for two districts may save some shared costs but will take longer than the process for a single jurisdiction.
According to Tommy Gong, Deputy Clerk-Recorder, the initial estimate is $38,500 for each recount, as staff has to go to the warehouse, use a forklift and retrieve the boxes of ballots. That’s because, according to Helen Nolan, Assistant Registrar of Voters, the ballots are no longer stored by precinct but as they arrive in the Elections office. They will have to pull the 4,500 ballots from the estimated 1.3 million ballot pages submitted in the county during the November election. Each ballot included four pages, she added.
Wong estimated the sorting would take five days and recounting one day. However, he explained that they know how many ballots for each race and the results of the votes on those ballots that are in each box. Gong said the price for each recount could be reduced by sharing in the cost of retrieving and sorting the ballots. He also said he would also be checking with the Secretary of State’s office, today to determine if the recount could be done box by box in the warehouse which could further reduce the costs. Gong said he will know if that’s allowable Wednesday afternoon.
More information on recounts is available on the Secretary of State’s website here. You can also reach out to the Elections Division at 925-335-7800.
Allen D. Payton contributed to this report.
Read MoreCesar Zepeda. Source: campaign photo
By Allen D. Payton
The tie between Cesar Zepeda and Andrew Butt in the Richmond City Council District 2 race was broken on Tuesday, Dec. 6, 2022, when Richmond City Clerk Pamela Christiansen pulled one of two envelopes out of a shopping bag. The candidates agreed to the process in which each had their name included in an envelope. (See related article)
The name on the green envelope the city clerk removed from the bag was Zepeda’s who will be the new District 2 Councilmember.
Supervisor John Gioia wrote on his Facebook page Tuesday afternoon, “Congratulations to Cesar Zepeda. And my sympathies to Andrew Butt. This is a very hard way to lose an election after a hard fought campaign. This shows that #EveryVoteMatters!”
However, as of today, Wednesday, December 7, according to Andrew’s father, outgoing Mayor Tom Butt, the Butt campaign has requested a hand recount of the ballots. More details about that to follow.
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Biggest Menorah in Eastern Contra Costa!
You are invited to join us for a grand Chanukah Celebration
Come celebrate the Festival of Lights with Chabad of the Delta and our surrounding communities as we light the Grand Menorah on Sunday, December 18 at 4:30 pm in Brentwood City Park.
Our local community leaders will participate in kindling the giant “Menorah of Freedom”. There will be fun activities for everyone including:
- Chanukah crafts, glitter art and a photo op!
- Delicious traditional latkes and donuts!
- A Grand Raffle!
- Fire and LED performer Aaron Zamarron
For many of us, Chanukah prompts warm, loving memories from our childhood. We light the Menorah every night of the 8-night holiday. These lights offer warmth, joy, strength, inspiration and renews our sense of identity.
Rabbi Peretz Goldshmid, director of the Chabad of the Delta Jewish Center, describes Chanukah as “a holiday that enriches our lives with the light of tradition. In ancient times our ancestors rededicated the Temple in Jersusalem with the Menorah. Today, we rededicate ourselves to making this world a better and brighter place.”
As we celebrate in East Contra Costa, we join millions the world over, promoting the universal message that good will prevail over evil, freedom over oppression and light over darkness!
Make sure not to miss this opportunity to celebrate with your family and friends! Outdoor event, please dress accordingly.
This is a FREE event. All donations are appreciated! Register by clicking here.
For more information, contact Chabad of the Delta at (925) 420-4999 or online at JewishDelta.com/Chanukah.
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Isaac White-Carter. Booking photo by APD
U.S. Marshals assist; arrested last year and this year for battery and threats
By Public Information Officer Ashley Crandell, Support Services Division, Antioch Police Department
Isaac White-Carter caught on surveillance camera at Habit Burger Grill on Nov. 12, 2022.
On November 12, 2022, at approximately 5:25 pm, the Antioch Police Department Dispatch Center began receiving calls of an assault that occurred at The Habit Burger Grill located at 2430 Mahogany Way in Antioch. Officers learned an employee was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied. The victim lost her right eye because of the incident.
Our Investigations Bureau worked tirelessly to identify and locate the suspect over the last several weeks. Through that ongoing investigation, Isaac White-Carter, a 20-year-old resident of Hayward, was identified as the assailant. Antioch Police Department Special Operations Unit detectives worked in collaboration with the United States Marshalls Service (USMS) to locate Mr. White-Carter. USMS Agents with the Pacific Southwest Regional Fugitive Task Force arrested White-Carter in Hayward, California, this morning and turned him over to Antioch Police detectives. He has been arrested for the felony charges of mayhem and aggravated assault causing great bodily injury. Detectives will be presenting their case to the Contra Costa County District Attorney’s Office for prosecution.
We want to thank the Contra County Sheriff’s Office, the United States Marshalls Service, and members of the community who came forward to assist with this investigation.
During a press conference on Monday afternoon, Dec. 5, Detective John Cox shared that the victim will be helped by the Victims of Violent Crimes through the Contra Costa District Attorney’s Office. He also shared that White-Carter is known to Antioch Police and that he was arrested last year.
According to localcrimenews.com, White-Carter was arrested by Concord Police on August 31, 2021, for 243(A) – battery on a person and 422(A) – threats of violence. He was again arrested on March 14, this year for 243(E)(1) – battery on a spouse, cohabitant or former spouse and
422 – threats of violence.
Surveillance video screenshot of incident at Habit Burger Gril on Nov. 12, 2022.
The members of the Antioch Police Department express their support and gratitude to the victim for helping a community member in need.
If anyone has further information pertaining to the case, please contact Detective John Cox at jcox@antiochca.gov. You can also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.
Allen D. Payton contributed to this report.
Read MoreMount Diablo Summit Beacon. By Stephen Joseph.
On Pearl Harbor Remembrance Day
By Laura Kindsvater, Communications Manager, Save Mount Diablo
On December 7th, Mount Diablo’s Beacon will be relit by a survivor of Pearl Harbor supported by a Save Mount Diablo team.
The Sons and Daughters of Pearl Harbor Survivors, Chapter 5 are pleased to co-sponsor this 59th Annual National Pearl Harbor Remembrance Day Beacon Lighting Ceremony with Save Mount Diablo, California State Parks, and California State University, East Bay.
We invite you to attend the ceremony to pay tribute to the lives that were lost and honor our surviving veterans of Pearl Harbor. The ceremony will be held at the California State University, East Bay Concord Campus, at 4700 Ygnacio Valley Road in Concord.
Viewing of the new USS Arizona exhibit at the CSUEB Concord Campus will be available from 3:00 PM to 3:45 PM as well as 45 minutes post ceremony. The ceremony will commence at 3:45 PM.
The program begins with the posting of colors, pledge of allegiance, and national anthem.
Ted Clement, Executive Director of Save Mount Diablo; Clint Elsholz, Acting Diablo Range District Superintendent for California State Parks; and Robert Phelps, PhD, Executive Director of California State University, East Bay Concord Campus will then speak.
Pearl Harbor survivors in attendance will be introduced by Wayne Korsinen, honorary member of the Sons and Daughters of Pearl Harbor Survivors.
A performance of “God Bless the USA” by Erin Hegerty and guitar solo by Darren Brouestle will follow. Then Catharine Baker, former State Assemblymember, will speak. Afterwards, Frank Dorritie of Bugles Across America will perform “Taps.” At 5 PM, the Beacon will be lit.
“The Beacon lighting is a tribute to those individuals that lost their lives at Pearl Harbor,” remarked Earl “Chuck” Kohler, the last known remaining serviceman survivor in Contra Costa County.
The ceremony is also an opportunity to honor the survivors.
The ceremony will also be broadcast on Contra Costa Television during the following dates and times:
- Wednesday, December 14 at 7 PM
- Thursday, December 15 at 2 AM
- Saturday, December 17 at 5:30 PM
- Monday, December 19 at 8 PM
- Tuesday, December 20 at 10 AM
- Wednesday, December 21 at 5 PM
- Thursday, December 22 at 6 PM
The Beacon on Mount Diablo was originally installed and illuminated in 1928 to aid in transcontinental aviation. It is one of the four guiding beacons installed along the west coast by Standard Oil of California and is the only one known to still be operational.
After the attack on Pearl Harbor, the Beacon’s light was extinguished during the west coast blackout, for fear it could enable an attack on California. It stayed dark until Pearl Harbor Day in 1964, when Fleet Admiral Chester Nimitz, Commander in Chief of Pacific Forces during World War II, relit the Beacon in a commemorative ceremony and suggested it be illuminated every December 7th to honor those who served and sacrificed.
Since that day, Pearl Harbor veterans and their families have gathered every December 7th to see the Beacon light shine once again.
The Beacon now shines brighter than ever since it underwent an extensive restoration process in 2013 (thanks to a campaign led by Save Mount Diablo) to ensure it continues to shine for many more years. The Pearl Harbor Survivors now know that the Beacon will shine long after they are gone.
The Beacon is lit at sunset and shines all night on this evening each year. Beginning this year, it was also lit on Memorial Day and Veterans Day. On Sunday, April 11, 2021, Save Mount Diablo concluded a year of lighting the Beacon weekly to bring light and hope to our region during the worst of the pandemic.
Save Mount Diablo
Save Mount Diablo is a nationally accredited, nonprofit land trust founded in 1971 with a mission
to preserve Mount Diablo’s peaks, surrounding foothills, watersheds, and connection to the Diablo Range through land acquisition and preservation strategies designed to protect the mountain’s natural beauty, biological diversity, and historic and agricultural heritage; enhance our area’s quality of life; and provide educational and recreational opportunities consistent with protection of natural resources. To learn more, please visit www.savemountdiablo.org.
What: Save Mount Diablo; the Sons and Daughters of Pearl Harbor Survivors Association, Chapter 5; and California State Parks will light the “Eye of Diablo,” the Beacon atop Mount Diablo to memorialize National Pearl Harbor Remembrance Day. As the number of survivors has decreased over the years, the number of people attending the ceremony in honor of these heroes has increased, including many sons and daughters vital to organizing the service.
When: Wednesday, December 7th, 2022
USS Arizona viewing begins at 3:00 PM, ceremony at 3:45 PM, Beacon lighting at 5:00 PM
Where: The ceremony will be held at the California State University, East Bay Concord Campus, 4700 Ygnacio Valley Road, in Concord.
Directions: http://goo.gl/maps/jXhcW
Access: Parking is available on campus, and parking fees will be waived for this event. See campus map.
For more information on the Beacon:
https://savemountdiablo.org/experience/events-outings/beacon-lighting/
Read MoreWhat happens in a tie such as Richmond council race?
By Dawn Kruger, Civic Outreach and Engagement Specialist, Contra Costa County Elections Division
Contra Costa County Clerk-Recorder-Registrar Debi Cooper certified the results of the November 8, 2022, General Election today, Friday, Dec. 2, 2022.
“Our elections team has once again administered an accurate, transparent, safe and secure election for Contra Costa County. This team of expert staff made a very complicated and technical process look easy – it isn’t,” Cooper said. “I am proud of this talented group, who make democracy happen for Contra Costa voters and provide incredible service. This includes: permanent staff, temporary workers, poll workers, and volunteers. I want to thank each of them for their hard work and civic service. It is my honor and privilege to certify my last election as the head of this department.”
The Elections Division conducted the canvass to complete the official count of all qualified ballots and to perform audits to verify the tabulation equipment performed as intended.
The purpose of the canvass accomplishes four primary tasks: ensuring that every eligible ballot is counted, that voters only voted once, that proper procedures were followed, and that the vote tabulation system counted ballots properly.
The final turnout for this Primary Election totaled 394,153 ballots cast, representing 56.15% of the 701,969 registered voters of Contra Costa County.
The final official report for this election is now posted on the Contra Costa County Elections website at www.contracostavote.gov.
The following was posted on the Elections Division website and applies to the Richmond City Council District 2 race that ended in a tie: (See related article)
Every vote counts!!! What happens in the case of a tie?
The Contra Costa Elections Division has now certified our Official Results for the November 8, 2022 General Election. We had two very close races; one by only 3 votes and one that ended in a tie. This is perfect example why we say that EVERY VOTE COUNTS!
In the event of a tie vote, Election Code says that tie may be decided by “lot” – a game of chance. (The Elections office has conducted a tie-breaker before by the roll of dice.)
Each city that requests to consolidate their election must define in their resolution, how a tie will be decided. Richmond’s City Resolution 79-22 states that a tie for the Richmond City Council District 2 will be decided by the City of Richmond, once we certify the results. Please contact the Richmond City Clerk’s office for more information.
Supervisor Gioia Explains Tie-Breaker Process
According to District 1 Supervisor John Gioia in a Friday afternoon email shared the following about the process for the tie-breaker in the Richmond City Council District 1 race:
A Resolution passed by the Richmond City Council on 6/21/22 specifically states: “That the County Election Department is authorized to canvass the returns of the Municipal Election.”
California Elections Code 15302 defines what it means to “canvass the returns”, which basically means to count the ballots, and certify and report the results. Section (h) calls for “Reporting final results to the governing board (in this case, the City of Richmond) and the Secretary of State, as required.”
County Elections has now finished its statutory responsibility under the State Elections Code to “canvass” the ballots, certify the results, and report them to the City.
What happens when the official certified results are tied? California Elections Code 15651 provides – “determine the tie by lot”. In other words, the tie must be broken by a process that is based on chance, not on skill. A recent tied election in the County was determined by the roll of dice. Drawing a card, flipping a coin, or pulling a name out of a hat have been used in the past. No running races allowed!
The Mayor and City Council voted to establish their own process of chance. Under the Richmond City Council’s 6/21/22 resolution: “..if two or more candidates for mayor or in a district receive an equal and the highest number of votes, the City Clerk shall summon the candidates receiving the tie vote to appear before her, at the time designated by the City Clerk, in the Council Chamber. The City Clerk shall place the name of each candidate in a sealed unmarked envelope and the tie vote shall be broken by lot.”
It is now up to the Richmond City Clerk to conduct the process to break the tie, as set forth in their resolution. County Elections has no authority to conduct this tie-breaker. I’ve been told that Richmond’s City Attorney is advising the City Clerk on this issue.
This should be a public process. The City Clerk has previously stated that the process would be telecast on live streaming through the City’s website.
We will await to hear any announcements by the City Clerk on when, how and where the tie-breaking process will occur. I have heard that the City Clerk is out of the office today so it appears that any tie-breaker will not occur until next week.
Allen D. Payton contributed to this report.
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