Contra Costa Herald

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

Settlement reached with Ulta Beauty stores for hazardous waste violations

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$752,000 in civil penalties

By Scott Alonso, PIO, Contra Costa County Office of the District Attorney

Contra Costa County District Attorney Diana Becton announced today that the Contra Costa County District Attorney’s Office, together with 33 other California District Attorneys and City Attorneys, have reached a settlement for violations of hazardous waste regulations with Ulta Beauty, Inc., Ulta Salon, Cosmetics & Fragrance, Inc., Ulta, Inc., and Possibilities AB, Inc., (collectively referred to as “Ulta”) that includes $752,000 of civil penalties, supplemental environmental projects, and costs. Ulta has five stores in Contra Costa County and 161 facilities overall in California. The settlement follows an investigation of Ulta stores’ improper storage, handling, and disposal of hazardous and other regulated waste and inadequate employee training.

Ulta stores in Contra Costa County are located in Brentwood, Concord, Pinole Pleasant Hill and San Ramon.

“Companies must be held responsible for business practices that pose a harm to the environment.,” said DA Becton. “Ulta was cooperative throughout the investigation and in correcting the issues.”

In fact, Ulta stores in California have adopted and implemented new policies and procedures and enhanced existing training programs designed to properly manage and dispose of hazardous waste products, other regulated waste, and confidential customer consumer information.

Under the settlement, which includes a Final Judgment and Permanent Injunction entered in Solano County Superior Court Case No. FCS057080, by the Honorable Alesia Jones, the corporations must pay $439,500 in civil penalties, $250,000 in costs and $62,500 in supplemental environmental projects. Defendants must also implement certain compliance assurance programs.

Contra Costa restaurants, gyms, theaters must require proof of vax or COVID test as of Sept. 22

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“How is it our responsibility to be the vaccine police!!” –  Contra Costa restaurant owner

“the peak of the surge seems to have passed” – CC Health Services

“We can’t give you an exact percentage of cases that can be attributed to restaurants and the other high-risk venues covered in the order.” – CC Health Services spokesman

No “Metric” for ending latest order; county wants “significant portion” of 5-11 year-olds vaccinated

By Allen Payton

Source: The Rutherford Institute.

Shades of Nazi Brown Shirts will begin next week in Contra Costa County as patrons of restaurants, gyms and entertainment venues will hear something a similar to the phrase used during World War II by the Hitler-led German regime, “Your Papers, Please!” That’s because as of Wednesday, Sept. 22, by order of the county’s unelected health officer, Dr. Chris Farnitano, those types of businesses in the county must require patrons show proof of vaccination or a recent negative COVID test in order to enter, even though “the peak of the surge seems to have passed” as mentioned in the press release from Contra Costa Health Services.

According to the press release, “The new order applies to businesses where people remove face coverings to eat or drink indoors, such as restaurants, bars and entertainment venues, and to gyms and other indoor fitness facilities, including yoga and dance studios, where patrons breathe more heavily due to exercise.”

The order was issued in the press release Tuesday afternoon which reads:

COVID-19 Proof of Vaccination or Test Required for Some Contra Costa Businesses

Contra Costa County joined San Francisco, Berkeley and other communities across the U.S. today with a countywide health order that increases COVID-19 safety in restaurants, gyms and other indoor businesses where there is elevated risk of the virus spreading.

The new order, effective September 22, requires patrons of these businesses to show proof they are fully vaccinated to enter indoor areas, or a negative COVID-19 test result from the past three days.

Contra Costa has endured a severe spike in COVID-19 cases and hospitalizations this summer due to the increasing prevalence of the highly infectious delta variant of the virus and unvaccinated residents.

While the peak of the surge seems to have passed, data show the county’s daily case rate remains as high as it was last February. There were 15 COVID-related deaths in Contra Costa from August 25 to 31, and 20 from September 1 to 7, the two highest seven-day totals since March. Unvaccinated residents account for 95.9% of the county’s deaths so far.

COVID-19 case rates are about five times higher in unvaccinated county residents compared to fully vaccinated residents, hospitalization rates are approximately 16 times higher, and death rates are approximately 22 times higher.

“This order is necessary now to save lives, protect our overburdened healthcare system, and slow the pandemic enough to keep our schools open,” said Dr. Chris Farnitano, Contra Costa County Health Officer. “Reducing community transmission of the virus now is key to preventing future spikes in cases from overwhelming our county’s hospitals during the winter months.”

The new order applies to businesses where people remove face coverings to eat or drink indoors, such as restaurants, bars and entertainment venues, and to gyms and other indoor fitness facilities, including yoga and dance studios, where patrons breathe more heavily due to exercise.

The order also includes a requirement for workers in indoor areas of these businesses to show proof of full vaccination against COVID-19 by November 1 or test weekly for COVID-19.

To show proof of vaccination, patrons must show photo ID and their vaccination record cards from the Centers for Disease Control & Prevention (CDC), or copies or pictures of their cards. Documentation from healthcare providers will also be accepted, as will digital COVID-19 vaccine records issued by the State of California.

Visit myvaccinerecord.cdph.ca.gov for a link to your digital vaccination, which can be downloaded on to your smartphone.

Visit cchealth.org/coronavirus for more information about this health order, or to find a safe, fast and free COVID-19 vaccination in Contra Costa County.

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Restauranteurs Respond

Restaurant owners in the county responded to the news with frustration. “How is it our responsibility to be the vaccine police!!” shared one owner who chose to remain anonymous.

“Kiss the restaurants good-bye,” said another, also anonymously.

However, another restaurant owner said anonymously, “We need to contribute to the pandemic to get better.”

Questions For Health Services

In response, questions were sent to county health services staff asking, “what percentage of COVID cases in the county can be attributed to restaurants, indoor entertainment venues and gyms, please?”

In addition, they were asked, “why not include what other countries are requiring for those who want to travel there, which is proof of having COVID within the past three months, since those folks have higher levels of antibodies than those who have been vaccinated, especially those who have been five to eight months ago?”

09/16/21 UPDATE: No Percentages of Impact from Affected Businesses

Contra Costa Public Health Services spokesman Will Harper responded with the following: “We can’t give you an exact percentage of cases that can be attributed to restaurants and the other high-risk venues covered in the order. Due to the nature of these businesses, it is not always possible to identify all the patrons who were exposed and infected by a case at one of these sites.  What we can say is that indoor settings where people remove their masks, such as restaurants and bars, or where they breathe heavily, such as in a gym, increase the risk of COVID-19 transmission. As the order states, outbreaks have been documented in bars, gyms, and restaurants in California this year.

Currently there is no scientific consensus on the strength or duration of natural immunity after a covid-19 infection, or how reliably to measure this. For now, we felt most confident in requiring proof of vaccination. Vaccination is still recommended for people who have had Covid-19 to boost their immunity and protect them from a repeat infection from Covid-19. We have clear data showing that vaccinated people are more protected the unvaccinated people, regardless or prior Covid-19 infection history.”

9/17/21 UPDATE: No “Metric” for Ending Latest Order, County Wants “Significant Portion” of 5-11 Year-Olds Vaccinated

A follow up question was sent asking what factors Dr. Farnitano will use to determine when this latest order will end.

Harper responded, “While we have not defined a specific metric at this time, the key measures we will be looking at to inform when it is safe to lift indoor masking requirements and venue verification and test requirements include the impact on our health care system (have our Covid-19 hospitalization and ICU levels returned to June, 2021 levels), the impact on schools (are significant numbers of students missing out on classroom time due to illness, isolation and quarantine) and our community vaccination rates (which will be crucial to preventing another surge if other public health measures are relaxed), especially if we are able to vaccinate a significant portion of the 5-11 year-old population once the vaccines are approved for them. California learned an unfortunate lesson that the vaccination rates we had in June were not sufficient to prevent a serious surge without other interventions like indoor masking in place.”

Additional Questions Go Unanswered

Additional questions were sent to Harper, asking, why do you want to vaccinate a significant portion of the 5-11 population when such a minuscule percentage of that age group are contracting the virus and a much smaller number have died?

In addition, he was asked about one of his previous responses, how can it both be that “Currently there is no scientific consensus on the strength or duration of natural immunity after a covid-19 infection, or how reliably to measure this” and “We have clear data showing that vaccinated people are more protected than unvaccinated people, regardless of prior Covid-19 infection history”?

Please check back later for any other updates to this report.

Contra Costa, three other county DA’s to finalize $400,000 settlement with MoviePass affiliated executives for unlawful business practices

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Following 2018 complaint filed by Contra Costa County resident with California Attorney General’s Office.

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

Martinez, Calif. – On May 20, the Contra Costa County District Attorney’s Office, in conjunction with the District Attorneys’ Offices of Ventura, Sonoma, and San Joaquin Counties, entered into a negotiated settlement agreement with former MoviePass affiliated executives, Theodore Farnsworth and Mitchell Lowe, for engaging in numerous unlawful, unfair, and fraudulent business acts and practices, while overseeing the operations of the now defunct movie theater subscription service. CCCDA MoviePass Documents

In total, Farnsworth and Lowe will have to pay $400,000 in civil penalties and cy pres restitution, as part of the signed Stipulated Judgment approved by the Honorable Nancy Davis Stark. In addition to the monetary payments, Farnsworth and Lowe are enjoined from engaging in any of the alleged unlawful, unfair, or fraudulent business acts or practices committed during their tenure as MoviePass managers. The settlement gets divided by all the DA’s involved and some goes to the state. The DA’s then use the monies for consumer protection activities.

MoviePass, Inc. (MoviePass) was an American subscription-based movie ticket service headquarter in New York City. Founded in 2011, the service initially allowed subscribers to purchase up to three movie tickets per month for a discounted monthly fee. The service utilized a mobile phone app where users checked into a theater and chose a movie and showtime, which resulted in the cost of the ticket being loaded by MoviePass to a prepaid MoviePass debit card, which was then used to purchase the ticket from the movie theater.

In 2017, Helios and Matheson Analytics purchased MoviePass. Around the time of the purchase, the business model for MoviePass, shifted from a three movie per month subscription to offering, among other things, an “unlimited” subscription plan at $9.95 a month and an “unlimited” fixed rate annual subscription. However, over the course of the next two years, the business model and terms of service changed multiple times to the detriment of the consumers.

After the acquisition of MoviePass by Helios and Matheson Analytics, the Defendants engaged in numerous unlawful, unfair, and fraudulent acts and practices. These acts and practices include, but are not limited to:

• Falsely advertising that MoviePass subscriptions offer “unlimited” movie watching. Specifically, “any movie”, “any day”, at “any theater”, when in reality MoviePass continually added limitations to customers’ subscriptions.
• Unconscionably changing terms of service during a subscription period.
• Converting all prepaid “unlimited” plans to three movies per month.
• Shutting down the availability of movies when a certain dollar amount is reached. (Trip wire).
• Failing to notify autorenewal customers of material changes to their subscriptions.
• Continuously charging customers’ debit or credit cards after receiving notice of cancellation from customers.

In addition to the above acts and practices, in 2019, MoviePass suffered a data breach. The data breach was the result of a MoviePass engineer creating an unsecured and unencrypted server as a debugging tool. This server had more than 161 million pieces of personal identifying information, including names, MoviePass card numbers, credit card numbers, billing information, email addresses and login information, belonging to at least 58,000 consumers. Despite being notified by private individuals, MoviePass allowed this server to operate for three months before it was taken down. MoviePass failed to advise the California Attorney General’s Office of the data breach, as required by law

MoviePass shut down its operations in September of 2019. Both MoviePass and its parent company, Helios and Matheson Analytics, filed for Chapter 7 bankruptcy in January of 2020.

In 2018 a local Contra Costa County resident filed a complaint against MoviePass with the California Attorney General’s Office. The complaint alleged that MoviePass was in violation of the Terms of Service as the company was not showing available tickets in the mobile app and limited the number of movies to the consumer even though they paid in advance for a year of “unlimited” service. In turn, the complaint was forwarded to our office for further investigation.

We welcome residents to file consumer complaints with our office via our website, www.contracostada.org. Case information: People v. Theodore Farnsworth and Mitchell Lowe, Docket C21-01045, Contra Costa County Superior Court.

Eddie Lira joins BAC Community Bank executive team

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Eddie LIra

Stockton, Calif – Eddie Lira has been appointed to the executive team of locally-owned BAC Community Bank as Executive Vice President, Chief Business Development Officer.  Eddie is a commercial banking professional with over 15 years of experience in leadership, portfolio management, and business development.

Most recently, Eddie worked for a large national bank, overseeing a team of business professionals across the Central Valley. This team was focused on providing business lending, cash management, and deposit solutions for customers under their care.  Eddie’s past responsibilities include serving as Vice President, Commercial Banking Officer for six years at BAC Community Bank.

“We welcome Eddie back to BAC, and we are excited to see him in this new role,” said BAC’s Chief Executive Officer Dana Bockstahler. “His business banking expertise and years of delivering exceptional service and solutions will be of great value to our customers.”

As a member of the bank’s executive team, Eddie will be working directly with Dana Bockstahler, Chief Executive Officer; Janet Jenkins, Chief Credit Officer; Paul Haley, Chief Lending Officer; and Jackie Verkuyl, Chief Administrative Officer.

Committed and invested in the local community, Eddie volunteers for local non-profit organizations and currently serves as a board member of the San Joaquin County Hispanic Chamber of Commerce.

Eddie can be reached at (209) 473-6827 or eddie.lira@bankbac.com.

About BAC Community Bank

BAC Community Bank, first headquartered in Brentwood, California, now operates 11 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 now centrally headquartered in Stockton, California and is continuously recognized for banking excellence through local awards and banking industry accolades.

BAC Community Bank is a member of the Federal Deposit Insurance Corporation and is an Equal Housing Lender. More information available online at www.bankbac.com.

 

Contra Costa Assessor offers business, property owners chance to reduce tax due to COVID-19 impact 

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The Contra Costa County Assessor’s Office recognizes that COVID-19 restrictions may have severely impacted many businesses and commercial property owners and may have led to a reduction in property values.  In order to provide assessment relief to those who may have been impacted, the Assessor’s Office is legally required to have qualitative evidence to support a reduction in value.

Not all businesses and commercial properties have been affected, but if you believe the value of your business or commercial property has dropped below the current assessed value due to COVID-19, Assessor, Gus Kramer, urges you to please visit our website at the link below for guidance on what information and documentation to submit to our office for a FREE review of your assessed value.

For information and forms to request a 2021-2022 value review, please visit the link to the Assessor’s webpage “Review Your Value” at: https://www.contracosta.ca.gov/6919/Review-Your-Value.

 

Paradise Skate Roller Rink in Antioch reopens Wednesday night

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WOW, it has been 400 days since we had to close Paradise Skate Roller Rink in Antioch. We get to open TONIGHT. Catch is you have to make a reservation, sign a release. Bring that release, your energy, your mask and most important your smiles. We start at 7:30 pm.

Click here to make that reservation. Paradise Skate Antioch – A PartyWirks Partner

We’re located at 1201 W. 10th Street in Antioch.

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Contra Costa Library to host Women in Animation: A Conversation With Pixar Thursday

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April 15, 2021  3:30 PM – 4:30 PM  Online event

Join us as for a very special panel discussion with Pixar Animation Studios. Have you ever dreamed of working in animation or technology? Listen in as we discuss the highlights and challenges of being a woman in the business and get tips and advice from experts in their fields.

About the panelists: Jessica Tran is a Project Manager in the Tools Engineering department at Pixar. Emily Davis is a Feature Film Department Manager at Pixar. Becky Neiman Cobb is an Associate Producer at Pixar who has recently worked on the short film Bao and the feature film Onward.

Register with your email here. You will receive information on how to access the Zoom event on the day before the program. Closed captioning will be provided for this program.

Raley’s grocery stores release first-ever annual Impact Report

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Details the company’s extensive initiatives to positively impact their people, communities and planet

Their seven Contra Costa County store locations donated 696,281 total pounds of food to local distribution agencies via their food rescue program

By Kevin Buffalino, Raley’s Public Relations & Partnerships Manager 

Raley’s, owners of 124 grocery stores, released their first-ever, annual Impact Report today, Wednesday, April 7, 2021, highlighting the organization’s actions in 2020 to support their purpose of changing the way the world eats, one plate at a time.

“Our first Impact Report exemplifies our team’s dedication to prioritizing purpose over profit and our commitment to serving multiple bottom lines,” said Keith Knopf, Raley’s President & CEO. “We are committed to being more than a grocery store, so it is both rewarding and humbling to see the progress we were able to make this past year to change the way the world eats and positively impact the communities we serve.”

“At Raley’s, we carefully balance purpose with profit and believe in serving multiple bottom lines,” he continued. “The success of our business relies on the vitality of the communities we serve.”

As detailed in the report, Raley’s efforts and initiatives in 2020 were aimed at nourishing their purpose, people, communities and the planet. Highlights of Raley’s inaugural Impact Report include:

Changing the Way We Eat:

  • Opened the first Raley’s O-N-E Market, an acronym which stands for “organics, nutrition and education”, is a unique shopping destination focused on wellness education and offering a highly curated assortment of products that meet high standards of health, nutrition and sustainability.
  • Continued outpacing the competition in sales of better-for-you items in categories such as clean label, grain free, non-GMO, keto, plant based, organic and nutrient dense.

Responding to COVID-19:

  • Invested more than $60 million in enhanced safety protections.
  • Hired and trained over 9,000 new team members.
  • Provided more than $15 million to team members through appreciation pay and bonuses.
  • Donated $200,000 to purchase devices and internet access to allow students in low-income districts to complete schoolwork at home.

Community Investment: 

  • Raised over $9 million, the equivalent of 6,482,118 meals, for 12 Feeding America aligned food banks through Raley’s Food For Families. 
  • Donated over $1 million in funds to causes and organizations to empower current and future generations to live healthier and happier lives. 
  • Issued $700,000 in Extra Credit grants to 48 schools and districts for programs that promote nutrition education, teach food literacy, address food insecurity, provide physical safety and directly impact students’ mental, emotional and physical well-being.

Sustainable and Responsible Operations:

  • Diverted over 70% of all waste companywide from landfills.
  • Donated 4.8 million pounds of food via Raley’s food rescue program.
  • Continued commitment to and focus on ethical supply chain practices.

In addition to detailing the impact made throughout the past year, the report charts Raley’s course for the future by setting goals for 2021 and beyond. Raley’s intends to publish an Impact Report annually moving forward to transparently report progress toward these goals.

In Contra Costa County, Raley’s stores:

  • Donated $22,064 to nonprofit organizations in Contra Costa County in 2020 through our charitable giving
  • Raised $483,825 for the Food Bank of Contra Costa & Solano during our Annual Holiday Drive
  • Raley’s Food For Families gave $1,395,483.54 to the Food Bank of Contra Costa & Solano in 2020
  • Our seven Contra Costa County store locations donated 696,281 total pounds of food to local distribution agencies via our food rescue program

To learn more about Raley’s overall environmental, social and governance efforts and to download the full report, visit purpose.raleys.com.

About Raley’s

Raley’s is a privately-owned and family-operated customer experience grocery company headquartered in West Sacramento, CA. Raley’s stores are the destination for the best fresh products, affordable offerings and personalized service. The company’s commitment to infusing life with health and happiness by changing the way the world eats, one plate at a time, has made it a trusted source for food, nutrition, and wellness. Raley’s strives to enhance transparency and education in the food system in order to help customers make more informed, healthy food choices. Raley’s operates 124 stores under six banners: Raley’s, Bel Air Markets, Nob Hill Foods, Raley’s O-N-E Market, Food Source and Market 5-ONE-5. Making healthier offerings accessible to everyone, Raley’s has expanded beyond the store to operate grocery curbside pick-up and delivery in their nearby communities. For more information visit www.raleys.com. 

Allen Payton contributed to this report.

Contra Costa moving into Orange Tier Wednesday opening churches, restaurants, theaters to 50%, gyms to 25%

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Source: covid19.ca.gov

The State of California announced today that Contra Costa County will be able to move into the less restrictive Orange Tier of the State’s Blueprint for a Safer Economy on Wednesday, April 7.

Contra Costa County currently has a COVID case-rate of 4.9 cases per 100,000 people and an overall testing-rate positivity of 1.8% (and 3% for the health equity metric). COVID-related hospitalizations are down to their lowest point since October. Meanwhile, nearly 500,000 county residents are at least partially vaccinated.

It has been five months since the last time the county qualified for the Orange Tier.

“This is great news for our community,” said Diane Burgis, chair of the Contra Costa County Board of Supervisors. “The last few months have been difficult for everyone and it’s nice to see us make more progress in the fight against COVID.”

Contra Costa Health Officer Dr. Chris Farnitano said people should not let down their guard yet. He noted that case rates have plateaued recently, suggesting a slowdown in the recovery. “We are still in a pandemic and people should continue to act accordingly: Keep wearing masks in public and get vaccinated as soon as you can. I still strongly recommend people to avoid most indoor activities with people outside of their own household until they are fully vaccinated,” Dr. Farnitano said.

Last week, Contra Costa extended vaccine eligibility to everyone ages 16 and over who lives, works or goes to school in the county. Currently, people between the ages of 16-49 must schedule appointments through Contra Costa Health Services at cchealth.org/coronavirus or by calling 833-829-2626. Other healthcare providers, including the state’s MyTurn system, do not yet offer vaccine to people below the age of 50.

Starting Wednesday, April 7 several business sectors and community services can reopen or expand capacity:

  • Places of worship: 50% maximum capacity
  • Restaurants: 50% maximum capacity or 200 people, whichever is fewer
  • Gyms, fitness centers and studios (including at hotels): 25% maximum capacity and indoor pools are permitted; Indoor hot tubs, saunas, and steam rooms continue to be closed
  • Movie Theaters: 50% maximum capacity or 200 people, whichever is fewer encouraged
  • Amusement parks: Overall park capacity and indoor capacity will be limited to 25%, including indoor dining.
  • Bars: Outdoors with modifications; no meals required to be served
  • Breweries, Distilleries, and Wineries: Indoors at 25% maximum capacity or 100 people, whichever is fewer; no meals required to be served
  • Family entertainment centers: Indoors for naturally distanced activities like bowling, escape rooms, and billiards; 25% maximum capacity
  • Outdoor sports and live performances with fans/attendees: Up to 33% and with advanced reservations only. Concession sales will be primarily in-seat (no concourse sales). Designated indoor seated dining area capacity will be limited to 25%. Attendance will be limited to in-state spectators and guests must attest their reserved seats are only for one household.
  • Retail: Open indoors with modifications and food courts permitted with indoor dining restrictions

Contra Costa County must remain in the Orange Tier for at least three weeks before moving into the next, less restrictive yellow tier.