Contra Costa Herald

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

Ride transit to ring in the New Year with Clipper® on your phone

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Photo: MTC

Don’t drop the ball on safety, savings or convenience

By John Goodwin, MTC

The Metropolitan Transportation Commission (MTC) and Bay Area transit agencies encourage residents and visitors planning a night on the town to celebrate the new year this weekend to:

  • Travel by bus, train or ferry. Several Bay Area transit agencies — including BART —will extend their usual operating hours Saturday night and early Sunday morning to accommodate New Year’s Eve revelers.
  • Avoid long lines at the station by adding a Clipper card to your phone’s digital wallet ahead of time. No app fee is required, and customers can instantly load cash value with their Apple Wallet or Google Wallet. For those who already have Clipper, make sure you have your round-trip fare loaded before boarding.
  • Go to clippercard.com and visit Clipper’s Apple Pay or Google Pay pages for more information, including step-by-step instructions on how to add a new Clipper card to your iPhone or Android system phone running Android 5 or later.

Clipper will waive the standard $3 new-card fee for customers who choose Clipper on their mobile phone. The $3 fee will be charged to customers who opt for a traditional plastic card. MTC reminds travelers riding on BART that each rider age 5 or older needs their own Clipper card to pay the BART fare.

MTC is the transportation planning, funding and coordinating agency for the nine-county San Francisco Bay Area. MTC operates the Clipper system on behalf of the region’s transit agencies.

 

Fresh Approach mobile farmers’ market brings healthy fruits and veggies to West Contra Costa residents

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The Fresh Approach mobile farmers’ market truck visits three locations in West County on Wednesdays. Photos: Kaiser Permanente

Wednesdays at the library, YMCA and San Pablo Senior Center

By Antonia Ehlers, PR and Media Relations, Kaiser Permanente Northern California

Richmond resident Marsha Quick has more energy and has reached a healthy weight since she started visiting the Fresh Approach mobile farmers’ market at the Richmond Public Library on Wednesday mornings. She credits the truck for giving her a new appreciation for healthy foods.

“It has changed how I eat,” she said. “I used to hate broccoli, but now I have it four times a week because it’s so fresh. I’ve also learned how to make sweet potato tacos with ground turkey and spices. Most of all, I enjoy meeting other Richmond residents in line – I’ve made a lot of friends out here.”

Fresh Approach is a Bay Area nonprofit dedicated to connecting residents to healthy food from California farmers and to expanding knowledge in the community about food and nutrition. Its mobile farmers’ market truck, stocked with fresh fruits and vegetables, serves six cities in three Bay Area counties.

“The COVID-19 pandemic and recent inflation concerns have increased the number of Bay Area residents who face food insecurity,” said Fresh Approach Food Access Program Manager Ellen Olack. “We’ve seen lots of changes pre- and post- pandemic. More folks are coming out each week.”

The Fresh Approach truck stops at three locations on Wednesdays – the Richmond Public Library, the San Pablo Senior Center and the Richmond Parkway YMCA. The Richmond route and a similar route in Antioch are funded in part by Kaiser Permanente.

Yvette Radford, Kaiser Permanente’s Northern California vice president of External and Community Affairs, noted that having access to affordable, nutritious food is critical for good health.

“That’s why we have partnered with Fresh Approach to provide fresh produce every week to West County residents who are struggling to make ends meet during these challenging economic times,” she said. “This partnership reflects our deep commitment to improve health in the communities we serve and help people live longer, healthier lives.”

Fresh Approach offers a 50 percent discount to customers who participate in income-based benefit programs, including CalFresh (SNAP), WIC, SSI/SSDI, Medi-Cal and unemployment.

For Sharolyn Reed, the mother of three young children, the food truck has been life changing. It has enabled her to plan nutritious meals for her family every day and be more conscientious about healthy snacks.

“My kids look forward to eating apples and fresh vegetables every day,” she said. “I always have them on hand now.”

Fresh Approach Community Ambassador Towanna Turner said her primary goal is to help Richmond residents prevent various diseases by providing easy access to nutrient-rich food.

“I’ve seen people with tears in their eyes because they’re so grateful for healthy food,” she added. “I love being an ambassador because I’m able to help people live better lives.”

Every Wednesday, the Fresh Approach Mobile Farmers’ Market truck stops at the Richmond Public Library from 10 a.m. to 11 a.m. It moves to the San Pablo Senior Center at 1943 Church Lane  from 11:45 a.m. to 12:45 p.m. The last stop of the day is the Richmond Parkway YMCA at 4300 Lakeside Drive from 1:45 to 2:45 p.m.

 

New Year brings new Bay Area toll-payment assistance programs

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Benicia-Martinez Bridge. Photo by John Huseby, Caltrans

Free crossings for eligible veterans begin Jan. 1, penalty-waiver program coming

Dec. 27, 2022 – The Bay Area Toll Authority (BATA) and the Golden Gate Bridge District today announced two new bridge toll assistance programs that will benefit customers from lower-income households as well as eligible military veterans, beginning in 2023.

By July 1, 2023, BATA and the Golden Gate Bridge District will institute a policy for toll bridge customers whose household income is no more than 200 percent of the federal poverty level (approximately $55,000 for a family of four) to receive a waiver of any penalties assessed for late or missed payments of toll invoices and toll evasion notices incurred for toll bridge crossings between March 20, 2020 and Jan. 1, 2023. The waiver applies to the Golden Gate Bridge and to the state-owned Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael, San Francisco-Oakland Bay and San Mateo-Hayward bridges. The waiver will not apply to Express Lanes.

The Richmond-San Rafael Bridge. Photo by MTC

The Low-Income COVID Waiver program — created by Assembly Bill 2594, which was authored by San Francisco Assembly member Phil Ting and enacted earlier this year — will allow qualifying motorists to request from FasTrak® a waiver of outstanding bridge toll violation penalties. Waiver recipients will be required to pay tolls and any fees charged by the Department of Motor Vehicles for vehicle registration holds due to the non-payment of penalties.

The setting sun reflects off of the Carquinez Bridge’s towers. Photo by MTC

Another new state law — AB 2949, authored by Assembly member Alex Lee of San Jose — goes into effect Jan. 1, 2023, granting eligible veterans of the U.S. armed forces free tolls on California toll bridges. These include the Golden Gate Bridge as well as the state-owned Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael, San Francisco-Oakland Bay and San Mateo-Hayward bridges. The free-passage benefit does not apply to Express Lanes.

The John A. Nejedly Bridge in Antioch. Photo from BATA website.

To be eligible for free travel across California toll bridges, vehicles registered to military veterans must have a license plate with one of the following designations: Congressional Medal of Honor, Disabled Veteran, Legion of Valor, Pearl Harbor Survivor, Ex-Prisoner of War, or Purple Heart.

Eligible veterans do not currently need to have a FasTrak electronic toll payment account to qualify for free passage, although a FasTrak-enrollment requirement will be instituted in the future. To avoid being charged a toll, veterans who already are FasTrak customers must place their FasTrak tag in a Mylar bag when traveling through bridge toll plazas. Customers may request a bag by logging into their FasTrak account, clicking ‘Vehicles and Tags’, and selecting ‘Request Toll Tag Supplies.’ Veterans also may request a Mylar bag by calling the FasTrak customer service center at 877-BAY-TOLL (877-229-8655). These bags are free of charge.

Golden Gate Bridge from Crissy Field. Photo by Noah Berger

BATA administers all toll revenues from the San Francisco Bay Area’s seven state-owned toll bridges. The Golden Gate Bridge, Highway and Transportation District owns and operates the Golden Gate Bridge.

 

CHP highlights new laws for 2023

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Cops in California no longer have to be U.S. citizens or permanent residents; jaywalking no longer a crime

As we head into the new year, the California Highway Patrol (CHP) is educating the public on traffic safety laws that were passed during this year’s legislative season and signed by Governor Gavin Newsom.  The laws take effect January 1, 2023, unless otherwise noted.

Public Employment: Peace Officers: Citizenship (Senate Bill (SB) 960, Skinner)

The law maintains that peace officers, including peace officer trainees, be legally authorized to work in the United States consistent with federal law and regulations, however, removes the requirement that they be citizens or permanent residents of the United States.

Catalytic Converters (SB 1087, Gonzalez) (Assembly Bill (AB) 1740, Muratsuchi)

These laws specifically list who can sell catalytic converters to recyclers and require those recyclers to keep documentation such as the year, make, model, and copy of the vehicle title from which the catalytic converter was removed.  The purpose of these laws is to help reduce catalytic converter theft.

Vehicular Manslaughter: Speeding and Reckless Driving (SB 1472, Stern)

This law expands the criteria for “gross negligence” as it relates to the crime of vehicular manslaughter.  Drivers involved in sideshow activity, exhibition of speed, or speeding over 100 miles per hour which results in a fatality could now be charged with Vehicular Manslaughter with Gross Negligence.

Motor Vehicle Speed Contests and Exhibitions of Speed (AB 2000, Gabriel)

Parking lots and off-street parking facilities are now included as locations where it is a crime to engage in a speed contest, exhibition of speed, or sideshow activity.

Endangered Missing Advisory: Feather Alert (AB 1314, Ramos)

The new “Feather Alert” allows law enforcement agencies to request the CHP to initiate an alert when an indigenous person has been kidnapped, abducted, or reported missing under unexplained or suspicious circumstances, and specific criteria has been met to permit alert activation. Additionally, consistent with the Department’s existing AMBER, Blue, and Silver Alert programs, this new “Feather Alert” program encourages the use of radio, television, and social media to spread the information about the missing indigenous person.

Hit-and-Run Incidents: Yellow Alert (AB 1732, Patterson)

This law authorizes law enforcement agencies to request the CHP to activate a “Yellow Alert” when a fatal hit-and-run crash has occurred, and specific criteria has been met to permit alert activation. The law also encourages local media outlets to disseminate the information contained in a Yellow Alert.  The new law serves to use the public’s assistance to improve the investigatory ability for law enforcement agencies throughout the state when working to solve fatal hit-and-run crashes.

Online Marketplaces: Reporting (AB 1700, Maienschein)

This law requires the Attorney General’s Office to create an online reporting system for users of third-party online marketplaces to report listings of suspected stolen items.  The reported information would be available to local law enforcement and the CHP’s Organized Retail Crime Task Force to assist with investigations.

Bicycles Omnibus Bill (AB 1909, Friedman)

Much like the move over or slow down law, this law provides for increased protections to bicyclists by requiring vehicles passing or overtaking a bicycle in the same direction, to move over to an adjacent lane of traffic, if one is available, or slow down and only pass the bicyclist when safe to do so.  The law also permits Class 3 e-bike riders to use approved bicycle paths and trails, bikeways, and bicycle lanes.  The law prohibits local governments from requiring bicycle registration and allows local authorities to prohibit any electric bicycle on an equestrian, hiking, or other recreational trail.

Electric Bicycles: Safety and Training Program (AB 1946, Boerner Horvath)

This requires the CHP to work with other traffic safety stakeholders such as the California Office of Traffic Safety, to develop statewide safety and training programs for electric bicycles.  This training program, which will consist of electric bicycle riding safety, emergency maneuver skills, rules of the road and laws pertaining to electric bicycles, will launch on the CHP’s website in September 2023.

Pedestrians (AB 2147, Ting)

This law prohibits peace officers from stopping pedestrians for certain pedestrian-specific violations, such as crossing the road outside of a crosswalk, unless there is an immediate danger of a crash. The CHP reminds all road users of the responsibility to travel safely and look out for one another on the road.

The mission of the CHP is to provide the highest level of Safety, Service and Security.

Recount ends with same result, Torres-Walker re-elected to Antioch Council, Zepeda elected to Richmond Council

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County elections office staff, candidates, their attorneys and supporters serving as observers gather Thursday in Martinez for a recount in the race for the Antioch City Council. Photos by Allen D. Payton

Butt’s campaign files precursor to possible lawsuit in Richmond council race but chose to drop it

By Chris Campos, Editor, ThePress.net

Republished with permission.

Joy Motts congratulates re-elected Councilwoman Tamisha Torres-Walker following the announcement of the recount results on Friday

MARTINEZ—Tamisha Torres-Walker, running for re-election for the Antioch City Council District 1 seat, came ahead by 3 votes on Nov. 8 beating challenger Joy Motts. After a lengthy and expensive recount Torres-Walker’s lead increased by one vote, according to the county elections office.

Allen Payton, publisher of the Antioch Herald but “acting as a resident and voter in the city,” requested the recount on Motts’ behalf. It’s been a costly exercise. Asked what the final price was Motts responded, “about $30,000.”

She was glad she went through the process. “With just a three vote difference I think it makes sense to go forward and the community agreed. I had support to pay for this.”

The results of the recount were announced Friday by County Clerk Deborah Cooper. The total for Motts dropped by one vote while Tamisha Torres-Walker’s vote total didn’t change.

Asked for her thoughts Torres-Walker said, “I’m just excited for this to finally be over and celebrate this win. I’ve just been waiting for this process.  I’m going to go home and celebrate the holidays with my family and look forward to serving Antioch on the city council for the next four years.”

Payton, publisher of the Antioch Herald, offered to help fundraising and help cover the costs of the recount. Motts stated earlier on her Facebook account, “We have found out today that unfortunately, the County is charging upwards of $38,500 for this recount, an exorbitant amount of money. Nevertheless, we are moving forward to try and raise the necessary funds. If you would like to support my efforts for a full recount, you can donate on my website at joymotts.org”

Cesar Zepeda’s election to the Richmond City Council was confirmed following the completion of the recount on Friday.

Payton said Friday, “about $20,000 total was raised by Mott’s campaign, most through her website, and spent as of today, including another $2,080 she paid today to the Contra Costa County Elections and $6,000 for elections attorney Chris Schweickert of Seto, Wood & Schweickert in Pleasant Hill for yesterday and today.”

On the first day of the recount 8 challenged vote-by-mail ballots and 4 challenged provisional ballots in the District 1 race were reviewed by Motts and Payton, who requested the recount on her behalf the previous week. It occurred at the Contra Costa County Clerk’s Office Elections Division office, with Deputy Clerk-Recorder Tommy Gong, two elections office staff members as well as Torres-Walker and campaign consultant Melody Howe Weintraub monitoring the ballot count.

Of the ballots reviewed that day, two ballots were challenged by Motts and Payton for further review by Gong who allowed one to be counted and one was rejected.

A simultaneous recount is under way for the Andrew Butt campaign in Richmond’s District 2 race which ended in a tie and was broken last week by the drawing of an envelope out of a shopping bag.

As the challenge to those few ballots was transpiring, county elections staff were in the warehouse about a block away, retrieving 1,700 boxes of ballots in which the staff members have determined there are ballots for both the Antioch and Richmond elections. Those ballots were already put through the counting machines and included in the total vote count.

Following the completion of the recount on Friday Andrew Butt (left) and his brother Daniel discus the challenge to ballots with Assistant Registrar Helen Nolan as Zepeda’s attorney listens.

During a tour of the warehouse on Wednesday, Elections Services Manager Travis Ebbert was asked if ballots could be stuck together and scanned through the machine. He responded it could happen, but there are checks and balances.

“There are ways that ballots get scanned and double scanned. The scanners are high speed. They go really fast,” Ebbert explained. “By the time the first ballot is processed the seventh ballot is being imaged. There are checks for that. There’s human intervention and a second person there.”

“There’s potential for human error out of the 1.5 million ballot pages (submitted in the county during the November election),” he continued. “In the 1% manual count there were no double scans. This was the smoothest scan with the least human intervention.”

Helen Nolan, the assistant registrar of Contra Costa County, said later, “Thank you to everyone who came to observe and be a part of the recount process today. I appreciate your patience; we know it’s not always exciting but it’s an important part of our democracy and protecting the vote!”

During an interview with a reporter for NBC Bay Area Motts said, “This was not the methodology my campaign asked for. We wanted them to look at all the ballots in all the boxes. But to do that would be an exorbitant amount of money. When they decided to do this targeted search, we didn’t expect there would be much of a change.”

“The costs were split with the Butt campaign, so the total was $60,000 for both recounts,” she continued. “I think with elections this close they should automatically do a recount. As we saw today some ballots were adjudicated. I think it’s important that the county elections (office) does that and we as citizens support that.”

On Thursday Butt’s campaign filed the required paperwork on Thursday for a potential lawsuit challenging the election results but they have dropped it.

“What I filed on Thursday was an election contest under election code,” Daniel said, “It’s been muted by this recount result. It challenges specifically the two votes in the marina precinct. You also have to show it will change the outcome of the election. Now that Cesar has won by three votes, we’re dropping it. I’m keeping the door open to sue the city because the district map fails all criteria. But it won’t overturn the results of this election.”

“Both these candidates did the right thing in spite of opposition. They fought the good fight. But it’s worth looking into reducing the costs for recounts and requiring automatic recounts in close races,” he added.

Contra Costa County Elections Division staff provided the following information Friday evening:

Recount Results:
Antioch City Council District 1 Recount ANTIOCH Final Results by Precinct O&U
Tamisha Torres-Walker 1,467
Joy Motts 1,463
Diane Gibson-Gray 1,338

Richmond City Council District 2 Recount RICHMOND Final Results by Precinct
Andrew Butt 1,918
Cesar Zepeda 1,921

“These close races should remind voters how important every single vote is. I have been working for the Clerk-Recorder-Elections Department for 33 years and recounts have been extremely rare.” said Cooper. “Our elections team once again performed above and beyond, by recounting not one, but two city council races over the course of the past week and a half. These recounts confirmed the integrity of the elections through a transparent audit process.”

The final official report for this election is posted on the Contra Costa County Elections website and can be found at www.contracostavote.gov.

Allen D. Payton contributed to the Richmond recount portion of this report.

 

Contra Costa residents urged to use 911 only for emergencies

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Especially during flu season; ConFire says respiratory virus calls are straining CCC EMS resources

By Contra Costa Health Services

To ensure continued timely response to true medical emergencies, Contra Costa Health (CCH) encourages residents to call 911 only if the need for care is truly an emergency.

Contra Costa County’s emergency medical system traditionally serves higher-than-usual numbers of patients this time of year, and this month healthcare providers and the agencies providing emergency ambulance service are especially impacted because of COVID, flu and other respiratory viruses.

According to Con Fire, “Respiratory virus calls are straining CCC EMS resources.”

Several hospitals in the community are reporting critically high level of patients occupying beds, with more than 1,200 inpatients reported throughout the county as of Friday. Hospital emergency departments are similarly impacted.

Calling 911 for your health emergency is recommended if it involves:

  • Chest pain, difficulty breathing or a fast (120+ beats per minute) resting heartbeat
  • Numbness or weakness in any part of the body, seizures, or difficulty speaking
  • Fainting, unconsciousness, dizziness, sudden severe pain or headache, or confusion
  • Sudden blindness or vision changes
  • Heavy bleeding that will not stop with pressure, or broken bones
  • Choking, drowning or near drowning
  • Severe burns
  • Poisoning or drug overdose
  • Allergic reactions, especially if there is difficulty breathing
  • Someone making a credible threat to harm themselves or someone else

There are other good reasons to call 911 as well. But to reduce strain on the county’s healthcare system, CCH asks anyone considering whether to seek emergency care if a 911 call is the best way to get the services they need, or if contacting an advice nurse or urgent care might be more appropriate.

When many people seek care through 911 at the same time, it reduces the number of emergency ambulances in circulation, ready to respond when someone in the county needs lifesaving care.

Based on a paramedic’s assessment of a patient’s condition and if the number of available emergency ambulances is very low, the paramedic may suggest a patient visit an urgent care on their own or call an advice nurse.

During the winter virus season, patients visiting emergency departments at hospitals in the county may also need to wait longer depending on circumstances at the time they arrive and the severity of their illness or injury.

Wrong way driver in fatal Hwy 4 crash released from custody to U.S Marshals

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Richmond suspect driving with suspended license for prior DUI

By CHP Contra Costa

Tuesday morning Dec. 13, 2022, at about 11:05am, CHP Contra Costa was advised of a wrong way driver traveling westbound in the eastbound lanes of Hwy 4 near Railroad Avenue. The wrong way vehicle (Dodge Durango) continued westbound in the eastbound lanes and collided head on into a Honda Accord traveling in the eastbound lanes of Hwy 4. Following the initial crash, the Honda was struck by a Toyota Highlander and was struck a third time by a three-axel tanker truck that were also traveling eastbound. All involved vehicles sustained major damage and came to rest within the eastbound lanes.

Following the crash, the driver of the Dodge fled the scene on foot but was apprehended by Pittsburg Police Department that came upon the scene shortly after.

The Honda was occupied by one adult driver and one adult passenger. The driver sustained fatal injuries and was pronounced deceased on scene and the passenger was transported to the hospital for major injuries. The Toyota was occupied by one adult driver and one infant passenger. Both occupants were transported to the hospital for complaint of pain injuries. The tanker truck was occupied by an adult driver who was uninjured.

According to a Mercury News report, the Contra Costa Coroner’s Office identified the victim as James Kuang age 50. Attempts to reach the Coroner’s Office to determine the victim’s city of residency were unsuccessful Friday.

CHP Contra Costa PIO Adam Lane said Friday that the wrong way driver is Michael Armstrong age 53 of Richmond was booked on charges of murder, DUI resulting in injury, driving the wrong way resulting in injury or death and driving with a suspended license for a prior DUI.

According to Contra Costa DA’s Office PIO Ted Asregadoo, “the suspect was released from custody from the Martinez Detention Facility on Thursday by the U.S. Marshals because of a federal matter. So, CHP will not be bringing the case to the DA’s office for filing charges, today.”

At this time, it is believed drugs and/or alcohol impairment may have been a factor in this crash. This incident is still under investigation. If anyone witnessed this crash, the wrong way vehicle prior to the crash, or the events leading up to the crash, please contact CHP Contra Costa in Martinez at (925) 646-4980. Thank you.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.

In response to DEIR Restore the Delta claims tunnel project “will not save the Delta”

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Source: Restore the Delta

“The Tunnel Project will not save the Delta, and it probably will not save the State Water Project’s and Central Valley Project’s reliance on Delta exports either.” – letter from Restore the Delta on DEIR

The proposed Delta Conveyance Project (Delta Tunnel) would construct new water intake facilities on the Sacramento River in the north Delta to fill a single tunnel with diverted freshwater flows. That water would be shipped to large farming operations and water wholesalers south of the Delta. The Delta Conveyance project would divert up to 6,000 cubic feet of water per second. The project is estimated to cost between $16-40 billion and won’t be completed until at least 2040.

After the Draft Environmental Impact Report for the Delta Conveyance Project was released in July, the comment period was extended to today, Friday, December 16, 2022. The Draft EIR was prepared by the state Department of Water Resources (DWR) as the lead agency to comply with the requirements of the California Environmental Quality Act by evaluating a range of alternatives to the proposed project and disclosing potential environmental effects of the proposed project and alternatives, and associated mitigation measures for potentially significant impacts.

No decisions will be made on whether to approve the project until the conclusion of the environmental review process, after consideration of public comments submitted on the Draft EIR and issuances of a Final EIR. At that time, DWR will determine whether to approve the proposed project an alternative or no project.

On Wednesday, Dec. 14, 2022, Restore the Delta submitted detailed comments on the DEIR to the DWR.

“The California Department of Water Resources should be embarrassed by the lack of climate change planning in the DEIR for the proposed Delta Tunnel. The DEIR was out of date for climate change science when it was released in July 2022,” said Tim Stroshane, Policy Analyst, Restore the Delta. “If completed in 2040 it will be obsolete, then. Meanwhile, California will have spent big money on a project the state will be unable to use as Delta water levels rise. Instead, we should invest in the resilience of Delta environmental justice communities and the rest of the state for flood and water supplies, reducing the big projects’ reliance on the Delta for future water needs, using water use efficiency and water recycling, and increasing local and regional water supply self-sufficiency to ward off drought and megafloods.”

“DWR has learned nothing since California WaterFix. Their sales pitch, that the tunnel is a climate project, is built on incomplete data and faulty analysis,” said Barbara Barrigan-Parrilla, Executive Director of Restore the Delta. “They have continued their pattern of erasing how the project will impact Delta urban environmental justice communities. And they are minimizing how construction will ruin small Delta farming towns, and the natural resources essential to the cultural and spiritual practices of historic Delta tribes. The tunnel is a failed idea that nobody supports, except for the Department of Water Resources.”

Read the comment letter and attachments by Restore the Delta.

Highlights from the Comments

Environmental impact of Tunnel:

“Reviewing the Executive Summary, we count 17 significant and unavoidable impacts of the proposed Tunnel project on the environment. Among these impacts will be loss of prime agricultural farmland, loss of local non-tribal cultural resources, transportation and air quality impacts, and painful loss of tribal cultural resources. There are other impacts omitted, belittled, or greenwashed by the Tunnel DEIR.”

Flow and salinity impacts when Tunnel in operation:

“The Tunnel Project has region-scale impacts on the Delta, should it be built. The Tunnel DEIRacknowledges that a major operational impact will be, reducing Sacramento River flows (and hence flows to its distributaries in north and central Delta channels) and reducing the estuary’s ability to repel tidal salt waters which are ever-present (see Attachment 9 to this letter). Such operational impacts will have economic and ecological impact on the Delta region, and a Community Benefits Program must be developed to mitigate the economic and ecological effects of Tunnel operations on Delta communities, especially environmental justice communities.”

Failure to consider alternatives:

“DWR in particular is hide-bound in its loyalty to a Delta conveyance approach eclipsed by the emerging and growing effects of extreme heat and extreme storms.

“A huge failure of imagination by DWR is on display in this DEIR. Each of these alternatives is vulnerable to the slings and arrows of expected climate change effects, which we will go into further below when commenting on project modeling methods and results. But what we see displayed in the Tunnel DEIR is a complete failure of state water officials to imagine alternative approaches these last few years since the demise of California WaterFix in early 2019.”

Faulty consideration of Delta Environmental Justice impacts:

“We are deeply disappointed that DWR resorted to ignoring its ‘Your Delta, Your Voice’ Survey as a basis for informing how and what kind of environmental, environmental justice, and community impacts the Delta Tunnel Project would impose on the Delta EJ community both of the direct Legal Delta and of the Delta Region as a whole. It is plainly obvious that 1) the Legal Delta as well as the Delta Region are bona fide environmental justice communities, with relatively small proportions of white and wealthy populations; 2) Delta residents AND Delta region community members rely substantially on the Delta directly, and the north Delta in particular, for subsistence fishing, and it is thus an environmental impact to have both fishing spots taken away from anglers and fish removed from the vicinity for North Delta Intakes construction activities; and 3) in the operational phase, lost flows in the Delta will increase salinity in the Delta as it reduces flows in north and central Delta channels, and thereby contributing to the spread of harmful algal blooms which will disproportionately injure Delta people who rely on fishing and broad outdoor activities to enjoy the Delta. In sum, the Delta Tunnel Project will harm such beneficial users of water as fish, outdoor water-contact recreation, and environmental justice communities.”

About Restore the Delta
Restore the Delta (RTD) is a grassroots campaign of residents and organizations committed to restoring the Sacramento-San Joaquin Delta so that fisheries, communities, and family farming can thrive there together again; so that water quality is protected for all communities, particularly environmental justice communities; and so that Delta environmental justice communities are protected from flood and drought impacts resulting from climate change while gaining improved public access to clean waterways. Ultimately our goal is to connect communities to our area rivers and to empower communities to become the guardians of the estuary through participation in government planning and waterway monitoring. RTD advocates for local Delta stakeholders to ensure that they have a direct impact on water management decisions affecting the well-being of their communities, and water sustainability policies for all Californians.

Allen D. Payton contributed to this report.

Two men charged for financial crimes of defrauding Californians on public assistance

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Arrested in Hercules with 50 cloned EBT cards; bail set at $1 million each

By Ted Asregadoo, Public Information Officer, Contra Costa District Attorney’s Office

Two fly-by-night individuals have been charged with multiple felonies and face misdemeanor charges in a sophisticated financial criminal scheme that defrauded hundreds of Californians receiving public assistance.

27-year-old Florin Tanasa and 30-year-old Adam Nilsson each face seven felony counts that includes second degree commercial burglary, grand theft, theft, forgery, and conspiracy. In addition, Tanasa and Nilsson face misdemeanor charges of possessing and/or using a fraudulent scanning device.

Both men, who have no known ties to Contra Costa County or the Bay Area, were arrested by Hercules Police Officers on December 1st at a Bank of America branch on Sycamore Avenue. Police were called to the location after a bank official alerted authorities of consecutive cash withdrawals from EBT cards at the bank’s ATM. A search of their vehicle found 50 fraudulently cloned EBT cards, credit card skimming equipment, and thousands of dollars in cash. They were arraigned Tuesday in Martinez and entered a plea of not guilty.

Deputy District Attorney Dana Filkowski filed a court motion stating the defendants were flight risks, threats to public safety, and are also under investigation in the City of Belmont and Santa Barbara County for similar crimes. Moreover, Hercules Police authorities established probable cause that funds used by the defendants to post bail would likely come from their criminal activity. Filkowski asked Judge Nancy Davis Stark to set their bail at $1 million each – which she agreed to do.

“Nilsson and Tanasa are mobile perpetrators who have preyed upon California’s most vulnerable residents,” Filkowski said. “Their financial crimes have bilked individuals and families of assistance they need for support. Had they been released on bail they would have likely continued their criminal enterprise of defrauding those in need.”

There are ways for people to protect themselves from financial fraud at ATMs or Point of Sale machines. The California Welfare Fraud Investigators Association features a video on how these scams work, and the California Department of Socials Services also has a video on common EBT scams.

2-22-01426 & 2-22-01425 | The People of the State of California vs. Adam Nilssen and Florin Tanasa

Requests submitted for recounts in Antioch, Richmond council election races

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Initial cost estimate of $38,500 per may be reduced by work on both

Could take 6 to 7 days

By Dawn Kruger, Civic Outreach and Engagement Specialist

The County Clerk-Recorder-Elections Department has received two recount requests for races in the November 8, 2022, General Election. One request is for the Antioch District 1 City Council race in which Tamisha Torres-Walker won over Joy Motts by three votes and the second is for the Richmond District 2 City Council race, which ended in a tie between Andrew Butt and Cesar Zepeda. Today, Wednesday, Dec. 7 at 5:00 p.m. is the deadline for requesting a recount.

In California, any voter may request a recount. For single-county races, a request for recount must be made within five days of the county canvass/certification. No reason is required.

“Our office conducted expanded manual tally audits for these two close races, which were attended by the affected candidates and media representatives. These audits were done above and beyond the state requirements and at the County Elections Division’s cost. Our staff has done an excellent job and I am confident in their work. These requests are within the rules for recounts,” said Debi Cooper, Clerk-Recorder-Registrar. “As per state law, the requestor of the recount must pay the cost for the recount. The cost is determined based on the steps involved in the recount, including the sorting out of the physical paper ballots. Our office is preparing estimated costs for the requestors based on the type of recount that have been requested.”

On Monday night, Allen Payton, Antioch resident and publisher of the Antioch Herald and Contra Costa Herald, submitted a request for a hand recount of the ballots on behalf of candidate Joy Motts who lost to incumbent Councilwoman Tamisha Torres-Walker. The letter was received by the elections staff Tuesday morning. On Wednesday, according to outgoing Richmond Mayor Tom Butt, the father of Andrew Butt who lost yesterday’s tiebreaker, the Butt campaign requested a hand recount of the ballots in that race.

The hand count by elections staff, last Thursday, was of the copies of images of the ballots that had been scanned through the machines. (See related articles here and here)

Once the costs are provided to the requestor, the recount will begin after payment for the first day’s processing is received. The recount must begin within 7 days of the official request. California law states that costs paid by the requestor are to be refunded if the recount changes the outcome of the election in favor of the requestor. The requestor is responsible for all costs of the recount. If the outcome does not change, the requestor may receive a refund if the amount paid was greater than the actual cost of the recount.

If the recount is conducted with the original paper ballots, the recount is expected to take 6-7 days. Conducting parallel recounts for two districts may save some shared costs but will take longer than the process for a single jurisdiction.

According to Tommy Gong, Deputy Clerk-Recorder, the initial estimate is $38,500 for each recount, as staff has to go to the warehouse, use a forklift and retrieve the boxes of ballots. That’s because, according to Helen Nolan, Assistant Registrar of Voters, the ballots are no longer stored by precinct but as they arrive in the Elections office. They will have to pull the 4,500 ballots from the estimated 1.3 million ballot pages submitted in the county during the November election. Each ballot included four pages, she added.

Wong estimated the sorting would take five days and recounting one day. However, he explained that they know how many ballots for each race and the results of the votes on those ballots that are in each box. Gong said the price for each recount could be reduced by sharing in the cost of retrieving and sorting the ballots. He also said he would also be checking with the Secretary of State’s office, today to determine if the recount could be done box by box in the warehouse which could further reduce the costs. Gong said he will know if that’s allowable Wednesday afternoon.

More information on recounts is available on the Secretary of State’s website here. You can also reach out to the Elections Division at 925-335-7800.

Allen D. Payton contributed to this report.