Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”
Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)
“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.
The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.
The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.
In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.
The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.
However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.
Diana Becton, District Attorney of Contra Costa County”
Allen D. Payton contributed to this report.
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Candidates in the Richmond City Council District 2 race, Cesar Zepeda (left) and Andrew Butt (center) and Antioch City Council District 1 race (Tamisha Torres-Walker in pink coat and black hat) and Joy Motts (blonde hair in black coat) and their supporters listen to the results from the hand count of the ballots by the county Elections Division staff Thursday, Dec. 1, 2022. Photos by Allen D. Payton
Must be decided by lot which can include coin flip, drawing straws or Rochambeau
Elections Services Specialist Evan Ayers (right) collects counted ballots from Elections Division staff during a hand count on Thursday, Dec. 1, 2022.
By Allen D. Payton
The ballot counting is over and in the Richmond City Council District 2 race Andrew Butt and Cesar Zepeda are tied at 1,921 votes each.
After the county Elections Division staff “audited all contests and found no discrepancies”, and they had “added 11 ballots to the contest, last night”. Those were from the ballots that were challenged due to a lack of signature on the outside envelope of a mail-in ballot or the voter’s signature didn’t match what is on file.
Assistant Registrar of Voters, Helen Nolan said there were 3,842 votes cast in the race with 1,921 votes for Butt and Zepeda.
“Those are going to be our official numbers”, she added, referring to when the election is certified and announced on Friday.
According to Contra Costa County Clerk-Registrar Debbie Cooper the Elections Division conducted an expansion of their regular 1% hand tally, tomorrow morning and are including the ballots from the additional precincts in both Antioch City Council Districts 1 and 4 and the Richmond City Council districts. The process was to certify the equipment is working properly and to help in determining the outcome in the two contests. There were 1,500 challenged ballots in the county that had to be cured by 5 p.m., yesterday. She said they will certify the election by this Friday, Dec. 2.
Cesar Zepeda awaits results as Andrew Butt speaks with Antioch District City Councilwoman and former Richmond resident Tamisha Torres-Walker who was awaiting the results in her contest at the Elections Division office in Martinez on Thursday, Dec. 1, 2022.
By city resolution the contest must now be decided by lot which can mean a flip of a coin, drawing straws, Rochambeau – rock paper scissors or whatever else the two candidates can agree on. However, Cooper said the council could approve having a run-off election but the City would have to pay for it and it could cost as much as $100,000.
Butt suggested to Zepeda, “arm wrestle?” with a laugh.
Zepeda is President of the West County Wastewater District Board and works as a health benefits consultant. Butt is a Richmond Planning Commission member and son of current Richmond Mayor Tom Butt who could not run for re-election as he is termed out.
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Source: Martinez Refining Company
A powdery substance released into the community by Martinez Refining Company (MRC) last week contained higher-than-normal amounts of heavy metals, tests of samples collected by Contra Costa Health (CCH) show.
CCH does not believe there is an immediate health risk to the community. The most significant health risks were short-term respiratory impacts from breathing in the metals in the hours after the release. Exposure to high concentrations of these metals over a long period of time could cause more serious health problems.
The accidental release of “spent catalyst” from the refinery began about 9:30 p.m. on Thanksgiving and into the early morning hours of Friday, Nov. 25. CCH’s testing of samples taken near the refinery showed levels of aluminum, barium, chromium, nickel, vanadium, and zinc higher than normal background levels for those metals.
CCH and the County’s Community Warning System were not notified of the release as required by law. CCH’s HazMat team learned about the release on Saturday morning after seeing community complaints about white dust on surfaces near the refinery. In its amended 72-hour report regarding the incident submitted to the health department, MRC says it is investigating why those notifications were not made.
“Martinez residents need an immediate response when there is a release at the refinery,” said Deputy Health Director Matt Kaufmann. “MRC’s failure to follow notification procedure cost us critical time we could have used to warn the public and reduce health risks in the community. It’s unacceptable.”
Anyone exposed to the material released from the Martinez refinery who is experiencing respiratory symptoms such as coughing, sore throat or difficulty breathing should contact their healthcare provider. People should avoid handling or breathing any remaining dust that has settled on the ground or other surfaces.
“We are concerned for people’s health anytime they are exposed to toxic metals,” said Dr. Ori Tzvieli, health officer for Contra Costa County. “Our goal going forward is to make sure something like this doesn’t happen again.”
MRC, owned by PBF Energy, had initially told the community that its own testing of samples collected from the release suggested it was a non-toxic mixture of materials. The company also offered free carwash vouchers to Martinez residents.
Industrial facilities such as MRC are required by state law and county policy to immediately report the release or suspected release of hazardous materials to emergency response authorities, including the county’s Community Warning System, which sends text and telephone messages with emergency instructions to affected parts of the county.
CCH is continuing to investigate the incident and will hold MRC to its legal responsibilities to cooperate with its review of this release. More information will be posted at cchealth.org as it becomes available. – Safety Data Sheet (SDS) – Catalyst
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State Attorney General Bonta thanks U.S. Attorney’s Office for assistance
California Attorney General Rob Bonta on Tuesday secured a settlement against a Contra Costa County skilled nursing facility resolving allegations of understaffing and patient abuse and neglect. The settlement resolves claims that for five years, San Miguel Villa subjected its patients to poor care due to understaffing and effectively rendered a number of its services useless. The settlement amounts to a total of $2.3 million, with California receiving $1.2 million. (See related article)
“Corporate profits should never be placed above patient needs and care,” said Attorney General Rob Bonta. “Every patient is entitled to humane care, and skilled nursing facilities should always have the appropriate level of staffing to ensure this standard of dignity is met. I want to thank the U.S. Attorney’s Office for their critical help during the course of this investigation. With the help of our federal partners, my office will continue to protect the well-being of all Medi-Cal beneficiaries.”
In June 2017, the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) responded to a report from the U.S. Attorney’s Office for the Northern District of California (USAO) involving allegations of overmedication of residents at San Miguel Villa. The USAO requested DMFEA’s assistance in the investigation. Conducted by DMFEA and the USAO, the investigation analyzed residents’ medical charts, surveys from the California Department of Public Health, prescription records, and publicly available staffing information from 2012-2017 – the time frame when the alleged mistreatment occurred. The investigation uncovered evidence of understaffing at the facility resulting in harm to residents, such as increased falls, patient-on-patient violence, weight loss, and overmedication to render patients more manageable. Tuesday’s settlement amounts to a total of $2.3 million, with California receiving $1.2 million.
The California Department of Justice’s DMFEA protects Californians by investigating and prosecuting those who defraud the Medi-Cal program as well as those who commit elder abuse. These settlements are made possible only through the coordination and collaboration of governmental agencies, as well as the critical help from whistleblowers who report incidences of abuse or Medi-Cal fraud at oag.ca.gov/dmfea/reporting.
DMFEA receives 75% of its funding from HHS under a grant award totaling $53,792,132 for federal fiscal year 2022-2023 The remaining 25% is funded by the State of California. The federal fiscal year is defined as October 1, 2022, through September 30, 2023.
A copy of the settlement is available here.
Read MoreSubmitted false claims in billing to Medicare and Medi-Cal programs
By U.S. Attorney’s Office, Northern District of California
Tranquility Incorporated, a corporation doing business as San Miguel Villa which is a 190-bed skilled nursing facility located in Concord, CA, has agreed to pay $2.3 million to settle allegations that it submitted false claims by billing the Medicare and Medi-Cal programs for grossly substandard nursing home services it provided to its residents between 2012 and 2017, announced United States Attorney Stephanie M. Hinds and Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan. (See settlement)
The settlement resolves allegations that from 2012 to 2017 San Miguel Villa submitted, or caused to be submitted, claims to the Medicare and Medi-Cal programs for payment of its services that were grossly substandard and failed to meet minimum required standards of skilled nursing care in multiple ways. The United States alleges that nursing home residents at San Miguel Villa were overmedicated with psychotropic drugs, suffered excessive falls, were exposed to resident-on-resident altercations, and experienced other mental and physical harm.
“Residents of nursing homes are among the most vulnerable in our community, and they rely on Medicare and Medi-Cal programs to provide the care and services they must have,” said United States Attorney Stephanie M. Hinds. “Nursing homes are entrusted to impart competent and quality care to their residents. This case demonstrates that when federal funds are provided but substandard care is delivered, this office is committed to seeking accountability.”
“Nursing homes are intended to be places of comfort and healing, but the provision of substandard care jeopardizes the residents’ health and safety,” stated Steven J. Ryan, Special Agent in Charge with HHS-OIG. “HHS-OIG and our law enforcement partners are staunchly dedicated to investigating allegations of inadequate care at Medicare- and Medicaid-certified nursing homes.”
Assistant U.S. Attorney Gioconda Molinari investigated the matter with the assistance of Paralegal Lillian Do and Auditor Garland He. The United States Attorney’s Office initiated the investigation with assistance from HHS-OIG as part of its ongoing commitment to ensure that nursing home residents receive the necessary skilled nursing home services that they are entitled to and require. The United States Attorney’s Office acknowledges and thanks HHS-OIG as well as the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse for their assistance in investigating this matter.
Working in conjunction with the United States Department of Justice Elder Justice Initiative, the United States Attorney’s Office runs an Elder Justice Task Force to identify and investigate nursing homes that provide grossly substandard care, and to support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals who combat elder abuse, neglect and financial exploitation. If you or a loved one is experiencing abuse at a nursing home, please contact the California Long Term Care Ombudsman Crisis line at 1-800-231-4024, or the National Elder Fraud Hotline at 1-833–FRAUD–11 (or 833–372–8311).
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Fabulous Feet Dance Studio presents their Winter Ballet Performance of “Alice in Winter Wonderland” Sunday, Dec. 18 at Heritage High School in Brentwood. The ballet begins at 4:00 p.m.
Artistic Directors Kimberley Karbowski and Denise Williams.
Tickets are $20 each and available at Eventbrite.
For more information about the studio visit Fabulous Feet Dance Studio or their Facebook page.
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The ‘EAGLE’ Act would revise portions of the Immigration Act of 1990 allowing more foreign workers to fill U.S. tech jobs
Co-sponsored by three Members of Congress currently representing or will represent Contra Costa County – Thompson, Swalwell and Garamendi
By Joe Guzzardi, Progressives for Immigration Reform
Source: U.S. Techworkers
Like the proverbial bad penny that keeps reappearing, lousy immigration bills are hard to kill off. Consider the EAGLE Act of 2022, also known as Equal Access to Green Cards for Legal Employment, or formally recognized as H.R. 3648. The newest proposed legislation is another iteration of the Fairness for High-Skilled Immigrants Act. Although it passed the House by a 365-65 vote, eventually it stalled in Congress.
Introduced by immigration lawyer, amnesty advocate, enforcement foe and expansionist champion Rep. Zoe Lofgren (D-Calif.), the new and the old versions of her proposed legislation both share the same ruinous-to-U.S. tech workers’ feature: the legislation would rob thousands of U.S. tech workers of access to well-paid, white-collar, high-skilled jobs in the science, technology, engineering and math fields, STEM jobs for which they are fully qualified.
Along with her like-minded congressional allies that include Rep. Tom Emmer (R-Minn.), who was just elected as House Majority Whip for the 118th Congress and thus became the third highest ranking Republican in the House, Lofgren has scheduled a vote on the EAGLE Act, which has bipartisan support, when Congress returns from its Thanksgiving recess.
Briefly explained, the EAGLE Act would dramatically revise portions of the Immigration Act of 1990. Almost any alien who has been on the visa waiting list for at least two years with an approved petition for an employment-based green card could apply for adjustment of his status which then wouldn’t count against existing numerical caps. Stated another way, employers can sponsor a temporary foreign-born worker for an H-1B nonimmigrant visa and convert that worker to permanent by merely sponsoring him for a green card. Aliens go from temporarily present to permanent residents. With the stroke of a pen, job searches become more challenging for U.S. tech workers – Congress’ twisted idea of sound legislation.
The bill also eliminates the per-country caps for employment-based visas, which means that within about a decade Indian and Chinese nationals will receive virtually all such visas, especially the H-1B; other countries’ nationals would have an uphill climb to obtain a visa. Under current law, no countries’ nationals can comprise more than 7 percent of any visa category. This provision ensures that skilled workers from around the globe have an opportunity to come to America. The EAGLE Act, however, seeks to entirely remove all caps from employment-based visas and more than double the existing family-preference visa from 7 percent to 15 percent, a hike that would, because of family reunification, ensure significant population surges. The proposed visa cap elimination is ironic because Lofgren and the EAGLE Act’s cosponsors claim to embrace diversity, but the bill heavily favors Chinese and Indian citizens to the exclusion of most others.
Moreover, dependent children of the aliens granted the new status would be allowed to retain their legal standing, a form of amnesty, as dependents of their parents for the duration of the green card application process; they would be protected from aging out while their parents move up in the backlog. An estimated 190,000 minors would be protected.
Time was when Democrats purported to care about America’s minority workers. But their empathy toward U.S. workers is long gone, and is now redirected to foreign nationals, particularly Chinese and Indians. Blacks, Hispanics and other minorities aspire to IT jobs, too. But they’ve had little luck in obtaining those coveted STEM jobs. Pew Research found that black workers make up 9 percent of the STEM workforce, while Hispanics also comprise about 9 percent. The low STEM representation among blacks and Hispanics is largely unchanged from 2016.
For rational thinkers, few and far between in Congress, a push for liberalized immigration laws and amnesty in light of the border surge and its 2 million-plus encounters in 2022 is beyond the pale. But those sound-of-mind types don’t understand the congressional mindset; nothing stops its amnesty drive. And if the EAGLE Act doesn’t get Senate approval, Lofgren always has the option to attach it to a must-pass Omnibus bill. With the 118th House about to transfer into GOP hands, EAGLE Act supporters view December as their last chance to subvert U.S. tech workers.
Joe Guzzardi is a nationally syndicated newspaper columnist who writes about immigration and related social issues. Joe joined Progressives for Immigration Reform in 2018 as an analyst after a ten-year career directing media relations for Californians for Population Stabilization, where he also was a Senior Writing Fellow. A native Californian, Joe now lives in Pennsylvania. Contact him at jguzzardi@pfirdc.org.
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Andy Narayan, BAC Community Bank Relationship Banker. Photo: BAC Community Bank
By Josef Britschgi, Marketing & Communication Administrator, BAC Community Bank
BAC Community Bank has announced the promotion of Andy Narayan to the position of Relationship Banker. In this new capacity, he will be responsible for managing a dedicated portfolio of designated customer relationships.
Narayan currently serves as Customer Service Manager at a different BAC Community Bank branch and will continue in that role as well.
Andy Narayan joined BAC Community Bank in 2020 and has managed both the Bank’s Country Club branch office in Brentwood and the Oakley branch. He also has more than 15 years of banking experience.
Over the past several years, Narayan has identified and responded to changing needs of customers, staff, and the local community. Such initiative has resulted in his being entrusted with a role of increasing responsibility and authority.
“BAC is very pleased to be giving Andy the opportunity to use his years of experience with our organization to better serve our customers,” said Eddie Lira, Executive Vice President and Chief Commercial Banking Officer. “We fully expect he will continue to provide our customers with the high-quality service they deserve while enabling us to achieve our goals for growth as a company.”
Chief Executive Officer Dana Bockstahler noted, “BAC Community Bank has a long-standing policy of promoting from within whenever possible. This way, our staff and customers both benefit from the knowledge and skills acquired over time while ensuring the continued delivery of high-quality service our reputation demands. We believe Andy will flourish in his new role.”
About BAC Community Bank
BAC Community Bank is California’s 10th oldest state-chartered bank. Established in 1965, BAC operates branch offices throughout San Joaquin, Stanislaus, and eastern Contra Costa counties and is identified as “one of the strongest financial institutions in the nation” by BauerFinancial, Inc.
The bank is centrally headquartered in Stockton, California, and is continuously recognized for banking excellence through local awards and banking industry accolades.
BAC Community Bank is an Equal Housing Lender and Equal Opportunity Employer. Member FDIC. More information is available online at www.bankbac.com.
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YOU’RE INVITED
Join John Muir Land Trust at Family Harvest Farm for our Winter Festival on Saturday, December 10, 11 am – 3 pm.
Get outside and celebrate the holiday season with the whole family! Festivities include:
- Educational farm tour
- Wreathmaking workshops
- Food trucks, free hot cocoa and cider
- Free Facepainting
- Music by DJ Kendo and The Fresh Crew
- Holiday toy drive for foster youth*
The event is free and open to the public. We hope to see you there!
UPDATE: At this time, all wreathmaking workshops are full.
*Please bring unwrapped gifts and gift certificates for children and youth in foster care ages 5-21 years old to the event or send to: Court Appointed Special Advocates of Contra Costa County, 2151 Salvio Street, Suite 295, Concord, CA 94520.
Located in Pittsburg, CA, Family Harvest Farm is a program of John Muir Land Trust that employs transition age foster youth as apprentices and leaders in the community. Through on-the-job training in organic farming, the farm provides a healthy, nurturing environment for program participants and affordable, high-quality food for the community.
To register click here.
In the midst of the recession in 2010 American Express created Small Business Saturday® on the Saturday after Thanksgiving to encourage people to Shop Small and bring more holiday shopping to small businesses.
In 2011, the U.S. Senate unanimously passed a resolution in support of Small Business Saturday, and officials in all 50 states participate. It even gets a shout-out from the president of the United States.
You might not realize it, but every time you pick up a cup of coffee from your favorite neighborhood cafe or buy a gift from a local family-owned store, you’re shopping small and making a difference.
Small Business Saturday continues to be an annual holiday shopping tradition – just one part of the larger Shop Small Movement that supports small businesses every day and everywhere.
So, this Saturday, Nov. 26 Shop Small®, shop local, shop Contra Costa.
To learn more about Small Business Saturday click here.
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Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”
Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)
“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.
The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.
The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.
In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.
The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.
However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.
Diana Becton, District Attorney of Contra Costa County”
Allen D. Payton contributed to this report.
Read MoreCandidates in the Richmond City Council District 2 race, Cesar Zepeda (left) and Andrew Butt (center) and Antioch City Council District 1 race (Tamisha Torres-Walker in pink coat and black hat) and Joy Motts (blonde hair in black coat) and their supporters listen to the results from the hand count of the ballots by the county Elections Division staff Thursday, Dec. 1, 2022. Photos by Allen D. Payton
Must be decided by lot which can include coin flip, drawing straws or Rochambeau
Elections Services Specialist Evan Ayers (right) collects counted ballots from Elections Division staff during a hand count on Thursday, Dec. 1, 2022.
By Allen D. Payton
The ballot counting is over and in the Richmond City Council District 2 race Andrew Butt and Cesar Zepeda are tied at 1,921 votes each.
After the county Elections Division staff “audited all contests and found no discrepancies”, and they had “added 11 ballots to the contest, last night”. Those were from the ballots that were challenged due to a lack of signature on the outside envelope of a mail-in ballot or the voter’s signature didn’t match what is on file.
Assistant Registrar of Voters, Helen Nolan said there were 3,842 votes cast in the race with 1,921 votes for Butt and Zepeda.
“Those are going to be our official numbers”, she added, referring to when the election is certified and announced on Friday.
According to Contra Costa County Clerk-Registrar Debbie Cooper the Elections Division conducted an expansion of their regular 1% hand tally, tomorrow morning and are including the ballots from the additional precincts in both Antioch City Council Districts 1 and 4 and the Richmond City Council districts. The process was to certify the equipment is working properly and to help in determining the outcome in the two contests. There were 1,500 challenged ballots in the county that had to be cured by 5 p.m., yesterday. She said they will certify the election by this Friday, Dec. 2.
Cesar Zepeda awaits results as Andrew Butt speaks with Antioch District City Councilwoman and former Richmond resident Tamisha Torres-Walker who was awaiting the results in her contest at the Elections Division office in Martinez on Thursday, Dec. 1, 2022.
By city resolution the contest must now be decided by lot which can mean a flip of a coin, drawing straws, Rochambeau – rock paper scissors or whatever else the two candidates can agree on. However, Cooper said the council could approve having a run-off election but the City would have to pay for it and it could cost as much as $100,000.
Butt suggested to Zepeda, “arm wrestle?” with a laugh.
Zepeda is President of the West County Wastewater District Board and works as a health benefits consultant. Butt is a Richmond Planning Commission member and son of current Richmond Mayor Tom Butt who could not run for re-election as he is termed out.
Read MoreSource: Martinez Refining Company
A powdery substance released into the community by Martinez Refining Company (MRC) last week contained higher-than-normal amounts of heavy metals, tests of samples collected by Contra Costa Health (CCH) show.
CCH does not believe there is an immediate health risk to the community. The most significant health risks were short-term respiratory impacts from breathing in the metals in the hours after the release. Exposure to high concentrations of these metals over a long period of time could cause more serious health problems.
The accidental release of “spent catalyst” from the refinery began about 9:30 p.m. on Thanksgiving and into the early morning hours of Friday, Nov. 25. CCH’s testing of samples taken near the refinery showed levels of aluminum, barium, chromium, nickel, vanadium, and zinc higher than normal background levels for those metals.
CCH and the County’s Community Warning System were not notified of the release as required by law. CCH’s HazMat team learned about the release on Saturday morning after seeing community complaints about white dust on surfaces near the refinery. In its amended 72-hour report regarding the incident submitted to the health department, MRC says it is investigating why those notifications were not made.
“Martinez residents need an immediate response when there is a release at the refinery,” said Deputy Health Director Matt Kaufmann. “MRC’s failure to follow notification procedure cost us critical time we could have used to warn the public and reduce health risks in the community. It’s unacceptable.”
Anyone exposed to the material released from the Martinez refinery who is experiencing respiratory symptoms such as coughing, sore throat or difficulty breathing should contact their healthcare provider. People should avoid handling or breathing any remaining dust that has settled on the ground or other surfaces.
“We are concerned for people’s health anytime they are exposed to toxic metals,” said Dr. Ori Tzvieli, health officer for Contra Costa County. “Our goal going forward is to make sure something like this doesn’t happen again.”
MRC, owned by PBF Energy, had initially told the community that its own testing of samples collected from the release suggested it was a non-toxic mixture of materials. The company also offered free carwash vouchers to Martinez residents.
Industrial facilities such as MRC are required by state law and county policy to immediately report the release or suspected release of hazardous materials to emergency response authorities, including the county’s Community Warning System, which sends text and telephone messages with emergency instructions to affected parts of the county.
CCH is continuing to investigate the incident and will hold MRC to its legal responsibilities to cooperate with its review of this release. More information will be posted at cchealth.org as it becomes available. – Safety Data Sheet (SDS) – Catalyst
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State Attorney General Bonta thanks U.S. Attorney’s Office for assistance
California Attorney General Rob Bonta on Tuesday secured a settlement against a Contra Costa County skilled nursing facility resolving allegations of understaffing and patient abuse and neglect. The settlement resolves claims that for five years, San Miguel Villa subjected its patients to poor care due to understaffing and effectively rendered a number of its services useless. The settlement amounts to a total of $2.3 million, with California receiving $1.2 million. (See related article)
“Corporate profits should never be placed above patient needs and care,” said Attorney General Rob Bonta. “Every patient is entitled to humane care, and skilled nursing facilities should always have the appropriate level of staffing to ensure this standard of dignity is met. I want to thank the U.S. Attorney’s Office for their critical help during the course of this investigation. With the help of our federal partners, my office will continue to protect the well-being of all Medi-Cal beneficiaries.”
In June 2017, the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) responded to a report from the U.S. Attorney’s Office for the Northern District of California (USAO) involving allegations of overmedication of residents at San Miguel Villa. The USAO requested DMFEA’s assistance in the investigation. Conducted by DMFEA and the USAO, the investigation analyzed residents’ medical charts, surveys from the California Department of Public Health, prescription records, and publicly available staffing information from 2012-2017 – the time frame when the alleged mistreatment occurred. The investigation uncovered evidence of understaffing at the facility resulting in harm to residents, such as increased falls, patient-on-patient violence, weight loss, and overmedication to render patients more manageable. Tuesday’s settlement amounts to a total of $2.3 million, with California receiving $1.2 million.
The California Department of Justice’s DMFEA protects Californians by investigating and prosecuting those who defraud the Medi-Cal program as well as those who commit elder abuse. These settlements are made possible only through the coordination and collaboration of governmental agencies, as well as the critical help from whistleblowers who report incidences of abuse or Medi-Cal fraud at oag.ca.gov/dmfea/reporting.
DMFEA receives 75% of its funding from HHS under a grant award totaling $53,792,132 for federal fiscal year 2022-2023 The remaining 25% is funded by the State of California. The federal fiscal year is defined as October 1, 2022, through September 30, 2023.
A copy of the settlement is available here.
Read MoreSubmitted false claims in billing to Medicare and Medi-Cal programs
By U.S. Attorney’s Office, Northern District of California
Tranquility Incorporated, a corporation doing business as San Miguel Villa which is a 190-bed skilled nursing facility located in Concord, CA, has agreed to pay $2.3 million to settle allegations that it submitted false claims by billing the Medicare and Medi-Cal programs for grossly substandard nursing home services it provided to its residents between 2012 and 2017, announced United States Attorney Stephanie M. Hinds and Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan. (See settlement)
The settlement resolves allegations that from 2012 to 2017 San Miguel Villa submitted, or caused to be submitted, claims to the Medicare and Medi-Cal programs for payment of its services that were grossly substandard and failed to meet minimum required standards of skilled nursing care in multiple ways. The United States alleges that nursing home residents at San Miguel Villa were overmedicated with psychotropic drugs, suffered excessive falls, were exposed to resident-on-resident altercations, and experienced other mental and physical harm.
“Residents of nursing homes are among the most vulnerable in our community, and they rely on Medicare and Medi-Cal programs to provide the care and services they must have,” said United States Attorney Stephanie M. Hinds. “Nursing homes are entrusted to impart competent and quality care to their residents. This case demonstrates that when federal funds are provided but substandard care is delivered, this office is committed to seeking accountability.”
“Nursing homes are intended to be places of comfort and healing, but the provision of substandard care jeopardizes the residents’ health and safety,” stated Steven J. Ryan, Special Agent in Charge with HHS-OIG. “HHS-OIG and our law enforcement partners are staunchly dedicated to investigating allegations of inadequate care at Medicare- and Medicaid-certified nursing homes.”
Assistant U.S. Attorney Gioconda Molinari investigated the matter with the assistance of Paralegal Lillian Do and Auditor Garland He. The United States Attorney’s Office initiated the investigation with assistance from HHS-OIG as part of its ongoing commitment to ensure that nursing home residents receive the necessary skilled nursing home services that they are entitled to and require. The United States Attorney’s Office acknowledges and thanks HHS-OIG as well as the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse for their assistance in investigating this matter.
Working in conjunction with the United States Department of Justice Elder Justice Initiative, the United States Attorney’s Office runs an Elder Justice Task Force to identify and investigate nursing homes that provide grossly substandard care, and to support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals who combat elder abuse, neglect and financial exploitation. If you or a loved one is experiencing abuse at a nursing home, please contact the California Long Term Care Ombudsman Crisis line at 1-800-231-4024, or the National Elder Fraud Hotline at 1-833–FRAUD–11 (or 833–372–8311).
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Fabulous Feet Dance Studio presents their Winter Ballet Performance of “Alice in Winter Wonderland” Sunday, Dec. 18 at Heritage High School in Brentwood. The ballet begins at 4:00 p.m.
Artistic Directors Kimberley Karbowski and Denise Williams.
Tickets are $20 each and available at Eventbrite.
For more information about the studio visit Fabulous Feet Dance Studio or their Facebook page.
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The ‘EAGLE’ Act would revise portions of the Immigration Act of 1990 allowing more foreign workers to fill U.S. tech jobs
Co-sponsored by three Members of Congress currently representing or will represent Contra Costa County – Thompson, Swalwell and Garamendi
By Joe Guzzardi, Progressives for Immigration Reform
Source: U.S. Techworkers
Like the proverbial bad penny that keeps reappearing, lousy immigration bills are hard to kill off. Consider the EAGLE Act of 2022, also known as Equal Access to Green Cards for Legal Employment, or formally recognized as H.R. 3648. The newest proposed legislation is another iteration of the Fairness for High-Skilled Immigrants Act. Although it passed the House by a 365-65 vote, eventually it stalled in Congress.
Introduced by immigration lawyer, amnesty advocate, enforcement foe and expansionist champion Rep. Zoe Lofgren (D-Calif.), the new and the old versions of her proposed legislation both share the same ruinous-to-U.S. tech workers’ feature: the legislation would rob thousands of U.S. tech workers of access to well-paid, white-collar, high-skilled jobs in the science, technology, engineering and math fields, STEM jobs for which they are fully qualified.
Along with her like-minded congressional allies that include Rep. Tom Emmer (R-Minn.), who was just elected as House Majority Whip for the 118th Congress and thus became the third highest ranking Republican in the House, Lofgren has scheduled a vote on the EAGLE Act, which has bipartisan support, when Congress returns from its Thanksgiving recess.
Briefly explained, the EAGLE Act would dramatically revise portions of the Immigration Act of 1990. Almost any alien who has been on the visa waiting list for at least two years with an approved petition for an employment-based green card could apply for adjustment of his status which then wouldn’t count against existing numerical caps. Stated another way, employers can sponsor a temporary foreign-born worker for an H-1B nonimmigrant visa and convert that worker to permanent by merely sponsoring him for a green card. Aliens go from temporarily present to permanent residents. With the stroke of a pen, job searches become more challenging for U.S. tech workers – Congress’ twisted idea of sound legislation.
The bill also eliminates the per-country caps for employment-based visas, which means that within about a decade Indian and Chinese nationals will receive virtually all such visas, especially the H-1B; other countries’ nationals would have an uphill climb to obtain a visa. Under current law, no countries’ nationals can comprise more than 7 percent of any visa category. This provision ensures that skilled workers from around the globe have an opportunity to come to America. The EAGLE Act, however, seeks to entirely remove all caps from employment-based visas and more than double the existing family-preference visa from 7 percent to 15 percent, a hike that would, because of family reunification, ensure significant population surges. The proposed visa cap elimination is ironic because Lofgren and the EAGLE Act’s cosponsors claim to embrace diversity, but the bill heavily favors Chinese and Indian citizens to the exclusion of most others.
Moreover, dependent children of the aliens granted the new status would be allowed to retain their legal standing, a form of amnesty, as dependents of their parents for the duration of the green card application process; they would be protected from aging out while their parents move up in the backlog. An estimated 190,000 minors would be protected.
Time was when Democrats purported to care about America’s minority workers. But their empathy toward U.S. workers is long gone, and is now redirected to foreign nationals, particularly Chinese and Indians. Blacks, Hispanics and other minorities aspire to IT jobs, too. But they’ve had little luck in obtaining those coveted STEM jobs. Pew Research found that black workers make up 9 percent of the STEM workforce, while Hispanics also comprise about 9 percent. The low STEM representation among blacks and Hispanics is largely unchanged from 2016.
For rational thinkers, few and far between in Congress, a push for liberalized immigration laws and amnesty in light of the border surge and its 2 million-plus encounters in 2022 is beyond the pale. But those sound-of-mind types don’t understand the congressional mindset; nothing stops its amnesty drive. And if the EAGLE Act doesn’t get Senate approval, Lofgren always has the option to attach it to a must-pass Omnibus bill. With the 118th House about to transfer into GOP hands, EAGLE Act supporters view December as their last chance to subvert U.S. tech workers.
Joe Guzzardi is a nationally syndicated newspaper columnist who writes about immigration and related social issues. Joe joined Progressives for Immigration Reform in 2018 as an analyst after a ten-year career directing media relations for Californians for Population Stabilization, where he also was a Senior Writing Fellow. A native Californian, Joe now lives in Pennsylvania. Contact him at jguzzardi@pfirdc.org.
Read MoreAndy Narayan, BAC Community Bank Relationship Banker. Photo: BAC Community Bank
By Josef Britschgi, Marketing & Communication Administrator, BAC Community Bank
BAC Community Bank has announced the promotion of Andy Narayan to the position of Relationship Banker. In this new capacity, he will be responsible for managing a dedicated portfolio of designated customer relationships.
Narayan currently serves as Customer Service Manager at a different BAC Community Bank branch and will continue in that role as well.
Andy Narayan joined BAC Community Bank in 2020 and has managed both the Bank’s Country Club branch office in Brentwood and the Oakley branch. He also has more than 15 years of banking experience.
Over the past several years, Narayan has identified and responded to changing needs of customers, staff, and the local community. Such initiative has resulted in his being entrusted with a role of increasing responsibility and authority.
“BAC is very pleased to be giving Andy the opportunity to use his years of experience with our organization to better serve our customers,” said Eddie Lira, Executive Vice President and Chief Commercial Banking Officer. “We fully expect he will continue to provide our customers with the high-quality service they deserve while enabling us to achieve our goals for growth as a company.”
Chief Executive Officer Dana Bockstahler noted, “BAC Community Bank has a long-standing policy of promoting from within whenever possible. This way, our staff and customers both benefit from the knowledge and skills acquired over time while ensuring the continued delivery of high-quality service our reputation demands. We believe Andy will flourish in his new role.”
About BAC Community Bank
BAC Community Bank is California’s 10th oldest state-chartered bank. Established in 1965, BAC operates branch offices throughout San Joaquin, Stanislaus, and eastern Contra Costa counties and is identified as “one of the strongest financial institutions in the nation” by BauerFinancial, Inc.
The bank is centrally headquartered in Stockton, California, and is continuously recognized for banking excellence through local awards and banking industry accolades.
BAC Community Bank is an Equal Housing Lender and Equal Opportunity Employer. Member FDIC. More information is available online at www.bankbac.com.
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YOU’RE INVITED
Join John Muir Land Trust at Family Harvest Farm for our Winter Festival on Saturday, December 10, 11 am – 3 pm.
Get outside and celebrate the holiday season with the whole family! Festivities include:
- Educational farm tour
- Wreathmaking workshops
- Food trucks, free hot cocoa and cider
- Free Facepainting
- Music by DJ Kendo and The Fresh Crew
- Holiday toy drive for foster youth*
The event is free and open to the public. We hope to see you there!
UPDATE: At this time, all wreathmaking workshops are full.
*Please bring unwrapped gifts and gift certificates for children and youth in foster care ages 5-21 years old to the event or send to: Court Appointed Special Advocates of Contra Costa County, 2151 Salvio Street, Suite 295, Concord, CA 94520.
Located in Pittsburg, CA, Family Harvest Farm is a program of John Muir Land Trust that employs transition age foster youth as apprentices and leaders in the community. Through on-the-job training in organic farming, the farm provides a healthy, nurturing environment for program participants and affordable, high-quality food for the community.
To register click here.
In the midst of the recession in 2010 American Express created Small Business Saturday® on the Saturday after Thanksgiving to encourage people to Shop Small and bring more holiday shopping to small businesses.
In 2011, the U.S. Senate unanimously passed a resolution in support of Small Business Saturday, and officials in all 50 states participate. It even gets a shout-out from the president of the United States.
You might not realize it, but every time you pick up a cup of coffee from your favorite neighborhood cafe or buy a gift from a local family-owned store, you’re shopping small and making a difference.
Small Business Saturday continues to be an annual holiday shopping tradition – just one part of the larger Shop Small Movement that supports small businesses every day and everywhere.
So, this Saturday, Nov. 26 Shop Small®, shop local, shop Contra Costa.
To learn more about Small Business Saturday click here.
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