Contra Costa Herald

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

Contra Costa, 22 other DA’s reach settlement with gas station owner for underground storage tank environmental violations

By 1 Comment

Gas station underground storage tank diagram. Source: EPA

$1.1 million in civil penalties; 113 tanks statewide, seven in Contra Costa County

By Bobbi Mauler, Executive Assistant, 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 22 other California District Attorneys and City Attorneys, have reached a settlement with the Orange, California-based Hassan & Sons, Inc., H&S Energy, LLC and H&S Energy Products, LLC (formerly known as Colonial Energy, LLC),  (collectively referred to as “H&S Energy”) over allegations that the companies violated state laws regarding the operation and maintenance of motor vehicle fuel underground storage tanks (“USTs”). The settlement includes $1,100,000 in civil penalties, and investigative costs. H&S Energy has 113 fueling stations in California, of which, seven locations are in Contra Costa County. The settlement follows an investigation by local environmental health agencies of H&S Energy stations’ non-compliance with many provisions of the UST regulations.

The companies, started in 1996, have built and acquired gasoline and convenience stores throughout the state under the Chevron, Texaco, Shell, Extra Mile, and their own, Power Market brand, including locations in Bay Point, Brentwood, Oakley, Pittsburg and Martinez.

“UST owners and operators must comply with the applicable regulations in order to prevent potential harm to the environment,” said D.A. Becton. “H&S Energy was cooperative with the People’s investigation and expended significant resources in order to bring their stations into compliance.”

Under the settlement, which includes a Final Judgment and Permanent Injunction entered in Solano County Superior Court Case No. FCS057332 by the Honorable E. Bradley Nelson, H&S Energy must implement certain compliance assurance programs including hiring an environmental compliance manager and bi-annual environmental audits and reports submitted to the People. In addition, H&S Energy must pay $900,000 in civil penalties and $200,000 in costs. $550,000 is due within five days after entry of judgment, and the remaining $550,000 is due October 22, 2022.

Allen Payton contributed to this report.

 

Nine suspects sought in smash and grab robbery of Sun Valley mall jewelry store in Concord Monday

By 1 Comment

Nine suspects steal jewelry from Sun Valley mall store in Concord on Monday, Nov. 15, 2021. Source: Concord PD video screenshot

By Concord Police Department

On November 15, at approximately 7:30 pm, a group of nine people entered the Iceberg Diamonds jewelry store inside the Sun Valley Mall in Concord, armed with hammers. They began smashing the glass display cases and stealing jewels. Employees tried to intervene and were kept back by the hammer wielding criminals. The suspects got away before police arrived. (See surveillance video)

Some customers inside the mall called reporting what they thought were gunshots heard, but in actuality, they heard the sounds of the hammers breaking glass. No shots were fired.

The case is under investigation by Concord PD Detectives. Anyone with information regarding this case may contact Detective Christine Corey with CPD’s Financial Crimes Unit at 925-603-5828. CPD Case #21-11268

Antioch’s Markstein Sales Company president Laura Markstein honored for work on “Distributors Against Human Trafficking Initiative”

By Leave a Comment

Laura Markstein (center) is honored with the Public Affairs Award at the 84th Annual National Beer Wholesalers Association Convention Oct. 3-6, 2021 and joined by (L-R) NBWA President and CEO Craig Purser, Markstein General Manager Jennifer Grant, Markstein Director of Operations Tom Roberts, and new NBWA Chairman of the Board Peter Heimark. Photo: Markstein Sales Company

The company has worked relentlessly both locally and nationally to combat human trafficking with programs and promotions aimed at stopping this heinous crime

Markstein Sales Company, the largest woman-owned and operated wholesale beverage distributor in Northern California, announced that its president, Laura Markstein, has been awarded the esteemed Public Affairs Award by the National Beer Wholesalers Association (NBWA) for her company’s work helping to end human trafficking in the United States. This award, given to one individual per year, if given at all, was announced at the NBWA 84th Annual Convention earlier this month. As a long-time supporter and sponsor of the local New Day for Children organization that provides funding to help American children who have been recovered from sex trafficking, Markstein took her efforts to a national level during 2021 when her company joined the NBWA’s Distributors Against Human Trafficking Initiative.

As part of its efforts, Markstein installed signage on all of its 75 vehicles that are typically on the roads of Contra Costa and Alameda Counties 14 hours per day, six days per week. The goal of these signs was to raise awareness locally and to provide easy access to hotline information for people that suspect, or know of, human trafficking cases. Markstein also provided personalized training, leveraged from both NBWA and New Day for Children, for all truck drivers and merchandisers so they know what to look out for on their daily routes and in the businesses they serve. Complementing these efforts, Markstein also regularly appealed to other companies around the country to join in the fight to end human trafficking. (See related article)

Owner Laura Markstein places a sign on one of the company’s trucks. Video screenshot.

“Once we learned that our beer and beverage drivers had a unique visibility to many of the prime locations where traffickers often exploit victims, we wanted to leverage our position and do all we could to help fight this tragedy,” said Laura Markstein, CEO of Markstein Sales Company. “While we are proud of the work we have done to help this cause, this is a growing problem in our country and it needs every company and American citizen to do their part to help – whether that be company sponsored programs or simply a watchful eye in someone’s everyday life. These efforts make a tangible difference and we can all do our part to help.”

Human trafficking is a growing problem in the U.S., with more than 11,500 human trafficking cases reported in 2019 alone. California has consistently had the highest human trafficking rates in the United States with 1,507 cases reported in 2019.

“We chose Laura for this award because her company exemplifies what every beer and beverage distributor in the U.S. could be doing to help stop human trafficking,” said Craig Purser, President and CEO of NBWA. “If every member in every state across the country also contributes their part to help spot human trafficking while on their daily routes, we can make significant progress towards ending this criminal activity.”

The NBWA Initiative

In 2020, the National Beer Wholesalers Association launched Distributors Against Human Trafficking, to help combat human trafficking in the United States. Working alongside state attorneys general, NBWA created an awareness training video to help more than 140,000 beer distribution employees in the U.S. recognize and report signs of human trafficking. To date, NBWA has successfully trained nearly 24,000 beer distributors from 207 companies, surpassing its initial goal to train 10,000 distributors by the end of 2021. Beer distributors are uniquely positioned to help fight this heinous crime given their level of access to locations often unseen by the public as they visit around 600,000 licensed retail locations across the country.

About Markstein Sales Company

Markstein Sales Company is a fourth-generation, woman-owned and operated wholesale beverage distributor based in Antioch, Calif. Founded in 1919 with just a horse, a wagon and six cases of beer, Markstein is now in its 102nd year and distributing over four million cases annually to 2000 retailers in the Bay Area. The company’s portfolio is composed of multiple world-class beers including the Anheuser-Busch InBev and Constellation Brands family of beers, several high-quality craft beers and many others, as well as non-alcoholic beverages. Markstein is known for outstanding customer service, dedication to their employees and commitment to the community. The company continues to rank as best in class by retailers and is one of the top ten largest Woman Owned Businesses in the Bay Area. More information can be found at https://www.marksteinsalescompany.com

Governor signs Senator Glazer’s three key local proposals

By 1 Comment

Small wineries can open two off-site tasting rooms     

Local governments gain new tools for overseeing short-term rentals

Thousands of acres of East Bay wilderness to be preserved

By Steven Harmon, Policy Analyst/Communications, Office of Sen. Steve Glazer

State Senator Steve Glazer (D-7-Orinda)

Governor Gavin Newsom has signed three long-standing proposals advanced by Senator Steve Glazer, (D-SD7), that will have a direct impact on residents of Contra Costa and Alameda counties.

“It’s very gratifying to see important legislative priorities for my district signed into law,” Senator Glazer said. “These are bills and proposals that I’ve been working on with partners, in some cases, for years. I’m thankful to Governor Newsom for ushering them across the finish line with his signature, a nice reward for all the hard work put in by key allies and friends.”

The three proposals that Gov. Newsom signed were:

Winegrowers: Offsite Tasting Rooms (SB 19)

SB 19 will allow licensed winegrowers or brandy manufacturers to operate two off-site tasting rooms under their winegrower licenses. This bill will particularly help small and family-owned wineries to operate as California continues to recover from the Pandemic.

Approximately 55 wineries are located in Senator Glazer’s district, including in Livermore, Oakley, Brentwood, Byron and Moraga.

“Small and family-owned wineries have struggled the most among wineries, because they rely heavily on visitors and direct sales,” said Senator Glazer. “With tourism taking a terrible hit from the pandemic and consequences of the wildfires, I’m glad that Governor Newsom recognized that these wineries are in need of that additional outlet to provide tastings and sales to their customers.”

Prior to the current tasting room closures caused by the COVID-19 pandemic, many wineries viewed additional off-site tasting rooms as a significant benefit. This was even more pressing for many small wineries looking to expand business opportunities, especially those wineries that produce their wine in an agreement to use the facility and equipment of a second (usually larger) winery.

Steven Kent Mirassou, owner and winemaker of Steven Kent winery, part of the Livermore Valley Wine Country Association, said SB 19 will make a difference to the industry, but also to wine enthusiasts.

“The ability to take care of people – which is the true center of hospitality and wine – is important at all times,” Kent Mirassou said. “It is especially crucial during the pandemic when we are all striving to maintain connections with our larger circle of friends and patrons, that small wineries remain open and thriving. I am so appreciative of the hard work and perseverance that Senator Glazer and his staff have shown in helping us continue to add joy and richness to peoples’ lives.”

With the COVID-19 pandemic, tasting rooms have been required to either close or significantly alter their operations for tastings, but can continue to operate sales for curbside pickup or delivery. Tourism has become almost nonexistent and is not expected to recover for several years. As a result, the impact from COVID-19 to the wine industry is estimated to be $5.9 billon, with a $3 billion loss in tasting room sales.

In addition, the 2020 wildfires had a substantial impact on the wine industry. According to the Wine Institute, the estimate of damage from 2020 wildfires amounts to $3.7 billion, including a loss of $41 million in tasting room sales and $57.6 million in lost winery structures.

Allows Increased Fines on Short Term Rental Violations – to Rein in House Parties (SB 60)

Under SB 60, cities and counties can now impose increased penalties on short-term rental hosts who violate local property rental laws – an attempt to rein in house parties, sometimes violent, that have been occurring at short term rentals because of lax oversight of these properties. SB 60, which took effect immediately, authorizes localities to impose fines up to $5,000 for a violation of a short-term ordinance.

“These large gatherings have made some short-term rental properties the sites of underage drinking, brawls, noise complaints, and violence,” Senator Glazer said. “I’m grateful to Governor Newsom for signing this bill so that local governments have the tools to ensure the safety of those who want to continue to use short-term rentals, and of our residents who live nearby these properties.”

The legislation was sparked by a spate of violence at short-term rental properties, most notably a mass shooting in Orinda, where five people were killed. Other abuses at short-term rentals occurred in Los Angeles and other locales in Northern California, including a party at a Sunnyvale rental where a teenager was shot and killed in August after violence erupted at the gathering. (See related articles, here, here, here and here)

Smaller fines were proving to be ineffective in deterring violations. Hosts were able to charge so much rent for big houses that the fines, if they occurred, were just seen as a cost of doing business.

“Violence and destructive behavior at short term rentals has become a true public safety issue in cities throughout California, as residents of Orinda know all too well,” Orinda Mayor Amy Worth said. “I am thankful that mayors like me will now have the ability to impose fines at a level high enough to get the attention of property owners who operate short term rentals to ensure the safety of our residents. Senator Glazer has been a true champion of this issue, and we are thankful for his hard work on making this California law.”

The use of short-term rentals has skyrocketed by 105 percent over just the past three years, according to vacation rental data compiled by AirDNA. Though short-term rentals offer a way to improve tourism and earn owners some extra money, their recent proliferation has allowed bad actors to use the platform to advertise and secure homes for large parties, oftentimes in violation of local ordinances.

The Covid-19 pandemic led to an increase in people using short-term rentals to evade public health restrictions on large public gatherings. Noise complaints as a result of parties have tripled since the start of the pandemic, according to Host Compliance, which tracks legal compliance among short-term rentals for 350 cities and counties in the U.S.

In the last half of 2019, 42 people were shot inside or just outside a short-term rental property nationwide and 17 people died.

East Bay Regional Park District 2013 Master Plan Map designating Tesla site (yellow area) as a potential regional preserve. Source: EBRPD

Tesla Land Preservation (Budget)

Thousands of acres of East Bay wilderness threatened by the expansion of an off-highway vehicle park will instead be preserved. (See related article)

The legislation, approved in the Governor’s recent budget bills and took effect immediately, ends plans to expand the Carnegie State Vehicular Recreation Area into the 3,100-acre Tesla parcel in the southeast corner of Alameda County, which scientists have described as a biologically unique habitat and Native Americans have long considered to be a sensitive historical site.

That land will now become a new state park closed to motorized recreation. The state will reimburse the Off-Highway Vehicle fund for the purchase price of the land, its appreciation in value, and the money spent planning the expansion, which was opposed from the start 20 years ago by nearby residents and public agencies. That money will go toward the purchase and development of an off-road park at another location.

“Our community and region will preserve this natural and cultural treasure, leaving it pristine for future generations to enjoy,” Senator Glazer said. “Meanwhile, off-road enthusiasts will be able to keep their current park and receive funding to develop another park on land that’s more suitable to that kind of recreation. I appreciate the hard work that so many key individuals played in moving this critical environmental and cultural issue to the Governor’s desk, and, of course, for the Governor to work with all the players to sign this important agreement.”

Senator Glazer partnered with Assembly member Rebecca Bauer-Kahan, the Sierra Club, Friends of Tesla Park and other environmental organizations and individuals in getting the final approval from the governor’s office. Earlier, former Assembly member Catharine Baker worked with Senator Glazer on the same issue.

Nancy Rodrigue, a leading member of the Friends of Tesla Park steering committee and Livermore resident, said she was proud that years of hard work and persistence paid off.

“A very special thank you goes to Senator Glazer and Assembly member Rebecca Bauer-Kahan for the many years of work on this special project,” Rodrigue said. “Tesla Park will now be a reserve with no motorized recreation. Instead, the future holds Tesla as a protected native landscape for hikers, history buffs, nature lovers, researchers and educators.

“Saving Tesla Park has been a long, difficult, and now a rewarding journey, and we are grateful for the tremendous work of so many for saving Tesla as a legacy for future generations,” Rodrigue continued. “We are looking forward to planning the next phase of Tesla Park as a nature and cultural preserve, providing passive recreation and education to the community of the Bay area, the San Joaquin Valley, and Northern California.”

 

Contra Costa health data show COVID cases were on decline before new health orders issued

By 1 Comment

7-Day Rolling Average Number of New Cases in Contra Costa County April 1 – Sept. 19, 2021. Source: CC Health Services

“Case Rates for unvaccinated people in the county…peaked on Sept. 13, one day before the new health orders were issued.”

“…we are a long way from the levels of community transmission we experienced in spring…” – Contra Costa Health Services spokesman

By Allen Payton

The statistics on the Contra Costa Health Services (CCHS) Coronavirus Dashboard show COVID hospitalizations and cases in the county were already declining before the new health orders by county health officer, Dr. Chris Farnitano, issued them on Sept. 14. While the data trails the report by seven days, as the dashboard states, “data from the last 7 days is still being reported”, all the COVID-related stats continued to decline before the orders went into effect last Wednesday, Sept. 22.

The press release from CCHS on Sept. 15 read, “While the peak of the surge seems to have passed.” But the statistics showed it had passed. (See related article)

Total Contra Costa County Hospitalizations of COVID patients and percentage of all patients Aug. 28-Sept. 26, 2021. Source: CCHS

Hospital Bed Utilization

The 7-Day Average COVID-19 Inpatient Bed Utilization in the county decreased from 11.5% on Sept. 8 to 9.9% by the time the orders were issued on the Sept. 15. That continued to decrease to 8.1% on Sept. 22. They have continued to decrease through Sunday to 7.3% and were on the decrease since Aug. 28 when the percentages were first included in the stats, from 13.6%. CCC COVID Hospitalization stats

The statistics also show the percentage of COVID inpatient beds to Contra Costa Total Hospitalizations has decreased from a high of 19.4% on Sept. 6 to 10.7% on Sunday, Sept. 26.

In addition, of all the inpatient ICU beds in the county, about one-third have been filled by COVID patients has decreased from a high of 46% to 29% between Aug. 28 and Sept. 26.

New Cases

The Seven Day Rolling Average number of new COVID cases in the county peaked on Sept. 10 at 217.3, almost two weeks before the new health orders went into effect on Wed., Sept. 22.

Contra Costa County Case Rates per 100,000 vaccinated vs unvaccinated April 1 – Sept. 19, 2021. Source: CC Health Services

Case Rates

The Case Rates for unvaccinated people in the county at 40 per 100,000 population and fully vaccinated people at 8.7 peaked on Sept. 13, one day before the new health orders were issued. Both continued to decline through Sept. 19 to 29.6 and 7.4 respectively, three days before the orders went into effect.

Questions for Farnitano & Health Services Staff

In light of that information, Farnitano and health services staff were asked the following questions via email Monday evening: “Why are the latest orders still in place? Are you willing to lift them, now? If not, what else must occur for that to happen?”

Karl Fischer, Contra Costa Health Services spokesman responded, “For the past few weeks Contra Costa County’s COVID-19 transmission data have been trending in the right direction after a severe, sudden spike in new cases, hospitalizations and deaths earlier this summer.  

It’s also true that county data remain elevated since that spike, far above where they were when California relaxed its health orders in mid-June. As the press release you quoted correctly points out, our average daily case rate is similar to what we were recording in February, on the downslope of another severe spike. That information is also available on the dashboard.  

It is no accident that our county is now trending in the right direction.  

COVID-related public health measures, including recent health orders requiring people to wear masks when visiting indoor public spaces and show proof of vaccination or a recent, negative test result to enter the indoor parts of some high-risk public establishments, are helping to reduce transmission of the virus in our county.  

For example, on Aug. 3, the day our indoor masking health order took effect, the 7-day average number of daily new COVID-19 cases reported in our county was 412. One month later, on Sept. 3, that number had dropped to 245.9.

We hope to see similar improvement in coming weeks from the most recent health order, which took effect just last week. But, as I mentioned, we are a long way from the levels of community transmission we experienced in spring, when the state briefly seemed to be emerging from the pandemic.  

With winter approaching, a season where the spread of respiratory viruses such as COVID-19 is common, we are doing everything we can to prevent another severe surge, most importantly working to increase vaccination rates across our community – to save lives, keep our schools and businesses open, and our hospitals functioning.”

However, as the Dashboard shows, Contra Costa County was already trending in the right direction” two weeks before the new health orders went into effect.

Additional Questions

An additional question was sent late Wednesday afternoon, asking, “since Contra Costa was already significantly trending in the right direction through not just Sept. 3 but it continued through Sept. 22, with just the indoor mask-wearing order, why the need for the additional proof of vaccination or testing mandate? Is it an effort to pressure the unvaccinated to get vaccinated by taking away more of their freedoms?”

09/30/21 UPDATE: CCHS spokesman, Karl Fischer responded, “Contra Costa has made significant progress in lowering the number of new reported cases and hospitalizations in recent weeks. But, as I mentioned in my last response, our transmission data are still substantially far above the levels considered safe by the State of California when it lifted its health order on June 15.

I know you are aware of this information, as it is available on our public dashboard, but our 7-day rolling average number of daily new COVID-19 cases was 152.9 on Sept. 22, compared to 45.3 on June 15. Per capita, on June 15 we averaged 1.5 daily new hospital admissions due to COVID-19 for unvaccinated people, compared to 5.5 on Sept. 22. Contra Costa has a long way to go before it reaches the transmission levels the state considered just safe enough to reopen, just three months ago.

Contra Costa is committed to doing everything in its power to reduce COVID-19 transmission as quickly and effectively as possible – lives depend on it. That is why the county this month added a new, temporary requirement for patrons using the indoor areas of certain establishments where the virus is at high risk of spreading to show proof of vaccination at the door, or a recent, negative test result.

We believe this health order will help our community continue its progress reducing COVID-19 transmission, perhaps even accelerate it, and it may also help to head off another massive holiday surge in cases, hospitalizations and deaths, like the one we experienced last winter.

We encourage anyone who is eligible to get vaccinated. Our transmission data are now slowing down thanks to the 80%+ of county residents who have already chosen to get vaccinated, and the willingness of the majority to temporarily endure inconvenience so we all may eventually enjoy living in a community where there is no elevated risk of contracting a deadly but highly preventable disease.

Why No Recovery Documentation Option in Contra Costa?

On Wednesday, U.S. Senator Diane Feinstein (D-CA) on Wednesday, introduced the U.S. Air Travel Public Safety Act, a bill that would require all passengers on domestic airline flights to either be fully vaccinated, have recently tested negative for COVID-19 or have fully recovered from COVID-19. According to her office’s press release, “the legislation builds on a current CDC requirement that all air passengers traveling to the United States from a foreign country must provide proof of a negative COVID-19 test result or documentation of recovery from COVID-19.”

In response, the additional questions were sent to CCHS staff: “Why isn’t that last option, recovery documentation, being offered to people in Contra Costa to comply with the latest health orders if it’s allowed to be used for people traveling into our country? They aren’t even required to provide proof of vaccination. But we Americans do to participate in something that takes much less time than an international flight. Their plane trips are much longer than an hour which is usually the length of time it takes to have an indoor, sitdown meal. If that’s the science the federal government is following, why isn’t the CCHS also following it?”

Fischer replied, “Contra Costa Health Services did not include a provision for proof of prior infection in the Sept. 14 health order because, in our analysis of available research, we determined that the science remains unsettled around the efficacy or duration of natural immunity following a COVID-19 infection. We do have a better understanding of immunity provided by the available COVID-19 vaccines, thanks to the extensive clinical trials performed to ensure their safety and efficacy before they were made available to the public, and their performance in protecting millions of people worldwide this year.

While it’s true that someone who has COVID-19 must wait 90 days after their infection ends before testing again, they can receive COVID-19 vaccine as soon as their isolation period ends. So, in no case are patrons left without options for using the indoor portions of establishments affected by this order.”

Those who choose not to get the vaccine for one reason, or another will have to take a test and prove negative within three days each time they want to dine indoors at a restaurant, go to the gym, a bar, to the movies or another entertainment venue, such as a bowling alley.

PG&E disputes Shasta County criminal charges related to 2020 Zogg Fire

By Leave a Comment

2020 Zogg Fire statistics. Source: CalFire

SAN FRANCISCO — PG&E Corporation shared the following statement from CEO Patti Poppe today, Friday, Sept. 24, 2021 regarding criminal charges filed by the Shasta County District Attorney’s office related to the September 2020 Zogg Fire. The utility company was charged with involuntary manslaughter in the deaths of four people, and other felonies and misdemeanors for the Zogg Fire and other fires that started in the county over the last year and a half. Shasta Co DA PGE-court-docs

“We are all devastated by the effects of wildfire here in California. My heart aches. I have seen firsthand how devastating it is and have spoken with many of those most harmed. These communities are the hometowns where my coworkers live and work, too. While I am new to this environment, I hope my heart never becomes hardened to the devastation that catastrophic wildfire can cause.

I came to PG&E to make it right and make it safe, which is a commitment that my 40,000 coworkers and contract partners all share. We’ve already resolved many victim claims arising from the Zogg Fire, along with the claims by the counties of Shasta and Tehama. And we are working hard to resolve the remaining claims.

We’ve accepted CAL FIRE’s determination, reached earlier this year, that a tree contacted our electric line and started the Zogg Fire. We accept that conclusion.  But we did not commit a crime.

Today’s climate and unprecedented drought have forever changed the relationship between trees and power lines. And please know we’re not sitting idly by. We have established a new standard for our lines and the vegetation near them because it poses such a real risk to our communities.

For example, on the Zogg Fire, the tree that started the fire is one of over 8 million trees within striking distance to our lines. Here are a few other facts.

Between October 2018 and last year’s Zogg Fire:

  • Two trained arborists walked this line and independent of one another determined the tree in question could stay.
  • We trimmed or removed over 5,000 trees on this very circuit alone.
  • This year we will remove 300,000 trees statewide.

This vital safety work is all done by real people who are trying every day to do the right thing. Trained, professional people – my PG&E coworkers and our extended contractor family. Arborists, specifically, are trained professionals and sometimes, just like doctors or architects, they can have professional differences. There will be debates about the facts around the tree that started the Zogg Fire. Professional debate in the service of doing what is right and continuously improving.

This was a tragedy, four people died. And my coworkers are working so hard to prevent fires and the catastrophic losses that come with them. They have dedicated their careers to it, criminalizing their judgment is not right. Failing to prevent this fire is not a crime.

Right now, PG&E is:

  • Investing more than $1.4 billion this year alone in vegetation management;
  • Removing 300,000 trees and trimming 1 million more; 
  • We’re working toward burying 10,000 miles of power lines;
  • We’re installing remote and micro grids to eliminate the wires altogether; and
  • We’re reestablishing and building our system to a new standard of resilience that keeps our communities safe and powered as our climate continues to change around us.

We are seeing signs of progress. For example, even during this year, with extreme drought conditions, we have reduced our ignitions over 50%.

That is our best ever performance since we have been tracking this and yet, we are still dissatisfied. That’s why we are not going to stop there.

We’re putting everything we’ve got into preventing wildfires and reducing the risk. Though it may feel satisfying for the company of PG&E to be charged with a crime, what I know is the company of PG&E is people,  40,000 people who get up every day to make it safe and to end catastrophic wildfire and tragedies like this.

Let’s be clear, my coworkers are not criminals.  We welcome our day in court so people can learn just that.”

Poppe’s statement is also available on PG&E Currents and broadcast quality video is available here.

Details about PG&E’s efforts to further reduce the growing wildfire risk, harden its systems, and use new technologies to help keep its communities safe can be found in the company’s 2021 Wildfire Mitigation Plan.

About PG&E Corporation

PG&E Corporation (NYSE: PCG) is the parent company of Pacific Gas and Electric Company (PG&E or the “Utility”), a combined natural gas and electric utility serving more than 16 million people across 70,000 square miles in Northern and Central California. For more information, visit pgecorp.com.

Forward-Looking Statements

This news release contains forward-looking statements that are not historical facts, including statements about the beliefs, expectations, estimates, future plans and strategies of PG&E Corporation and the Utility, including but not limited to the criminal charges filed in connection with the 2020 Zogg fire and the Utility’s vegetation management and system hardening efforts. These statements are based on current expectations and assumptions, which management believes are reasonable, and on information currently available to management, but are necessarily subject to various risks and uncertainties. In addition to the risk that these assumptions prove to be inaccurate, factors that could cause actual results to differ materially from those contemplated by the forward-looking statements include factors disclosed in PG&E Corporation and the Utility’s joint annual report on Form 10-K for the year ended December 31, 2020, their most recent quarterly report on Form 10-Q for the quarter ended June 30, 2021, and other reports filed with the Securities and Exchange Commission, which are available on PG&E Corporation’s website at pgecorp.com and on the SEC website at www.sec.gov. PG&E Corporation and the Utility undertake no obligation to publicly update or revise any forward-looking statements, whether due to new information, future events or otherwise, except to the extent required by law.

Allen Payton contributed to this report.

 

Settlement reached with Ulta Beauty stores for hazardous waste violations

By Leave a Comment

$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

By 4 Comments

“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.

###

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

By Leave a Comment

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

By Leave a Comment

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.