Contra Costa Herald

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

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 The DEIR was out of date for climate change science when it was released in July 2022,” said Tim Stroshane, Policy Analyst, Restore the Delta.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.

Zepeda wins tie-breaker in Richmond council race

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Cesar Zepeda. Source: campaign photo

By Allen D. Payton

The tie between Cesar Zepeda and Andrew Butt in the Richmond City Council District 2 race was broken on Tuesday, Dec. 6, 2022, when Richmond City Clerk Pamela Christiansen pulled one of two envelopes out of a shopping bag. The candidates agreed to the process in which each had their name included in an envelope. (See related article)

The name on the green envelope the city clerk removed from the bag was Zepeda’s who will be the new District 2 Councilmember.

Supervisor John Gioia wrote on his Facebook page Tuesday afternoon, “Congratulations to Cesar Zepeda.  And my sympathies to Andrew Butt. This is a very hard way to lose an election after a hard fought campaign.  This shows that #EveryVoteMatters!”

However, as of today, Wednesday, December 7, according to Andrew’s father, outgoing Mayor Tom Butt, the Butt campaign has requested a hand recount of the ballots. More details about that to follow.

Hayward man arrested for mayhem, aggravated assault in blinding eye of Antioch fast food worker

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Isaac White-Carter. Booking photo by APD

U.S. Marshals assist; arrested last year and this year for battery and threats

By Public Information Officer Ashley Crandell, Support Services Division, Antioch Police Department

Isaac White-Carter caught on surveillance camera at Habit Burger Grill on Nov. 12, 2022.

On November 12, 2022, at approximately 5:25 pm, the Antioch Police Department Dispatch Center began receiving calls of an assault that occurred at The Habit Burger Grill located at 2430 Mahogany Way in Antioch. Officers learned an employee was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied. The victim lost her right eye because of the incident.

Our Investigations Bureau worked tirelessly to identify and locate the suspect over the last several weeks. Through that ongoing investigation, Isaac White-Carter, a 20-year-old resident of Hayward, was identified as the assailant. Antioch Police Department Special Operations Unit detectives worked in collaboration with the United States Marshalls Service (USMS) to locate Mr. White-Carter. USMS Agents with the Pacific Southwest Regional Fugitive Task Force arrested White-Carter in Hayward, California, this morning and turned him over to Antioch Police detectives. He has been arrested for the felony charges of mayhem and aggravated assault causing great bodily injury.  Detectives will be presenting their case to the Contra Costa County District Attorney’s Office for prosecution.

We want to thank the Contra County Sheriff’s Office, the United States Marshalls Service, and members of the community who came forward to assist with this investigation.

During a press conference on Monday afternoon, Dec. 5, Detective John Cox shared that the victim will be helped by the Victims of Violent Crimes through the Contra Costa District Attorney’s Office. He also shared that White-Carter is known to Antioch Police and that he was arrested last year.

According to localcrimenews.com, White-Carter was arrested by Concord Police on August 31, 2021, for 243(A) – battery on a person and 422(A) – threats of violence. He was again arrested on March 14, this year for 243(E)(1) – battery on a spouse, cohabitant or former spouse and
422 – threats of violence.

Surveillance video screenshot of incident at Habit Burger Gril on Nov. 12, 2022.

The members of the Antioch Police Department express their support and gratitude to the victim for helping a community member in need.

If anyone has further information pertaining to the case, please contact Detective John Cox at jcox@antiochca.gov. You can also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.

Allen D. Payton contributed to this report.

Contra Costa County elections for Nov. 8, 2022, now certified

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What happens in a tie such as Richmond council race?

By Dawn Kruger, Civic Outreach and Engagement Specialist, Contra Costa County Elections Division

Contra Costa County Clerk-Recorder-Registrar Debi Cooper certified the results of the November 8, 2022, General Election today, Friday, Dec. 2, 2022.

“Our elections team has once again administered an accurate, transparent, safe and secure election for Contra Costa County.  This team of expert staff made a very complicated and technical process look easy – it isn’t,” Cooper said. “I am proud of this talented group, who make democracy happen for Contra Costa voters and provide incredible service.  This includes: permanent staff, temporary workers, poll workers, and volunteers. I want to thank each of them for their hard work and civic service.  It is my honor and privilege to certify my last election as the head of this department.”

The Elections Division conducted the canvass to complete the official count of all qualified ballots and to perform audits to verify the tabulation equipment performed as intended.

The purpose of the canvass accomplishes four primary tasks: ensuring that every eligible ballot is counted, that voters only voted once, that proper procedures were followed, and that the vote tabulation system counted ballots properly.

The final turnout for this Primary Election totaled 394,153 ballots cast, representing 56.15% of the 701,969 registered voters of Contra Costa County.

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

The following was posted on the Elections Division website and applies to the Richmond City Council District 2 race that ended in a tie: (See related article)

Every vote counts!!! What happens in the case of a tie?

The Contra Costa Elections Division has now certified our Official Results for the November 8, 2022 General Election. We had two very close races; one by only 3 votes and one that ended in a tie. This is perfect example why we say that EVERY VOTE COUNTS!

In the event of a tie vote, Election Code says that tie may be decided by “lot” – a game of chance. (The Elections office has conducted a tie-breaker before by the roll of dice.)

Each city that requests to consolidate their election must define in their resolution, how a tie will be decided. Richmond’s City Resolution 79-22 states that a tie for the Richmond City Council District 2 will be decided by the City of Richmond, once we certify the results. Please contact the Richmond City Clerk’s office for more information.

Supervisor Gioia Explains Tie-Breaker Process

According to District 1 Supervisor John Gioia in a Friday afternoon email shared the following about the process for the tie-breaker in the Richmond City Council District 1 race:

A Resolution passed by the Richmond City Council on 6/21/22 specifically states: “That the County Election Department is authorized to canvass the returns of the Municipal Election.”

California Elections Code 15302 defines what it means to “canvass the returns”, which basically means to count the ballots, and certify and report the results. Section (h) calls for “Reporting final results to the governing board (in this case, the City of Richmond) and the Secretary of State, as required.”

County Elections has now finished its statutory responsibility under the State Elections Code to “canvass” the ballots, certify the results, and report them to the City.

What happens when the official certified results are tied? California Elections Code 15651 provides – “determine the tie by lot”. In other words, the tie must be broken by a process that is based on chance, not on skill. A recent tied election in the County was determined by the roll of dice. Drawing a card, flipping a coin, or pulling a name out of a hat have been used in the past. No running races allowed!

The Mayor and City Council voted to establish their own process of chance. Under the Richmond City Council’s 6/21/22 resolution: “..if two or more candidates for mayor or in a district receive an equal and the highest number of votes, the City Clerk shall summon the candidates receiving the tie vote to appear before her, at the time designated by the City Clerk, in the Council Chamber. The City Clerk shall place the name of each candidate in a sealed unmarked envelope and the tie vote shall be broken by lot.”

It is now up to the Richmond City Clerk to conduct the process to break the tie, as set forth in their resolution. County Elections has no authority to conduct this tie-breaker. I’ve been told that Richmond’s City Attorney is advising the City Clerk on this issue.

This should be a public process. The City Clerk has previously stated that the process would be telecast on live streaming through the City’s website.

We will await to hear any announcements by the City Clerk on when, how and where the tie-breaking process will occur. I have heard that the City Clerk is out of the office today so it appears that any tie-breaker will not occur until next week.

Allen D. Payton contributed to this report.

D.A. Becton explains charging decision of suspect in Antioch robbery homicide of store clerk

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Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”

Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)

“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.

The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.

The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.

In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.

The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.

However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.

Diana Becton, District Attorney of Contra Costa County”

Allen D. Payton contributed to this report.

Final ballot count shows Butt, Zepeda tied in Richmond City Council District 2 race

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Candidates in the Richmond City Council District 2 race, Cesar Zepeda (left) and Andrew Butt (center) and Antioch City Council District 1 race (Tamisha Torres-Walker in pink coat and black hat) and Joy Motts (blonde hair in black coat) and their supporters listen to the results from the hand count of the ballots by the county Elections Division staff Thursday, Dec. 1, 2022. Photos by Allen D. Payton

Must be decided by lot which can include coin flip, drawing straws or Rochambeau

Elections Services Specialist Evan Ayers (right) collects counted ballots from Elections Division staff during a hand count on Thursday, Dec. 1, 2022.

By Allen D. Payton

The ballot counting is over and in the Richmond City Council District 2 race Andrew Butt and Cesar Zepeda are tied at 1,921 votes each.

After the county Elections Division staff “audited all contests and found no discrepancies”, and they had “added 11 ballots to the contest, last night”.  Those were from the ballots that were challenged due to a lack of signature on the outside envelope of a mail-in ballot or the voter’s signature didn’t match what is on file.

Assistant Registrar of Voters, Helen Nolan said there were 3,842 votes cast in the race with 1,921 votes for Butt and Zepeda.

“Those are going to be our official numbers”, she added, referring to when the election is certified and announced on Friday.

According to Contra Costa County Clerk-Registrar Debbie Cooper the Elections Division conducted an expansion of their regular 1% hand tally, tomorrow morning and are including the ballots from the additional precincts in both Antioch City Council Districts 1 and 4 and the Richmond City Council districts. The process was to certify the equipment is working properly and to help in determining the outcome in the two contests. There were 1,500 challenged ballots in the county that had to be cured by 5 p.m., yesterday. She said they will certify the election by this Friday, Dec. 2.

Cesar Zepeda awaits results as Andrew Butt speaks with Antioch District City Councilwoman and former Richmond resident Tamisha Torres-Walker who was awaiting the results in her contest at the Elections Division office in Martinez on Thursday, Dec. 1, 2022.

By city resolution the contest must now be decided by lot which can mean a flip of a coin, drawing straws, Rochambeau – rock paper scissors or whatever else the two candidates can agree on. However, Cooper said the council could approve having a run-off election but the City would have to pay for it and it could cost as much as $100,000.

Butt suggested to Zepeda, “arm wrestle?” with a laugh.

Zepeda is President of the West County Wastewater District Board and works as a health benefits consultant. Butt is a Richmond Planning Commission member and son of current Richmond Mayor Tom Butt who could not run for re-election as he is termed out.

Hazardous materials release at Martinez oil refinery contained heavy metals

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Source: Martinez Refining Company

A powdery substance released into the community by Martinez Refining Company (MRC) last week contained higher-than-normal amounts of heavy metals, tests of samples collected by Contra Costa Health (CCH) show.

CCH does not believe there is an immediate health risk to the community. The most significant health risks were short-term respiratory impacts from breathing in the metals in the hours after the release. Exposure to high concentrations of these metals over a long period of time could cause more serious health problems.

The accidental release of “spent catalyst” from the refinery began about 9:30 p.m. on Thanksgiving and into the early morning hours of Friday, Nov. 25. CCH’s testing of samples taken near the refinery showed levels of aluminum, barium, chromium, nickel, vanadium, and zinc higher than normal background levels for those metals.

CCH and the County’s Community Warning System were not notified of the release as required by law. CCH’s HazMat team learned about the release on Saturday morning after seeing community complaints about white dust on surfaces near the refinery. In its amended 72-hour report regarding the incident submitted to the health department, MRC says it is investigating why those notifications were not made.

“Martinez residents need an immediate response when there is a release at the refinery,” said Deputy Health Director Matt Kaufmann. “MRC’s failure to follow notification procedure cost us critical time we could have used to warn the public and reduce health risks in the community. It’s unacceptable.”

Anyone exposed to the material released from the Martinez refinery who is experiencing respiratory symptoms such as coughing, sore throat or difficulty breathing should contact their healthcare provider. People should avoid handling or breathing any remaining dust that has settled on the ground or other surfaces.

“We are concerned for people’s health anytime they are exposed to toxic metals,” said Dr. Ori Tzvieli, health officer for Contra Costa County. “Our goal going forward is to make sure something like this doesn’t happen again.”

MRC, owned by PBF Energy, had initially told the community that its own testing of samples collected from the release suggested it was a non-toxic mixture of materials. The company also offered free carwash vouchers to Martinez residents.

Industrial facilities such as MRC are required by state law and county policy to immediately report the release or suspected release of hazardous materials to emergency response authorities, including the county’s Community Warning System, which sends text and telephone messages with emergency instructions to affected parts of the county.

CCH is continuing to investigate the incident and will hold MRC to its legal responsibilities to cooperate with its review of this release. More information will be posted at cchealth.org as it becomes available. – Safety Data Sheet (SDS) – Catalyst

 

California receives $1.2 million of settlement with Concord nursing home for poor care

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State Attorney General Bonta thanks U.S. Attorney’s Office for assistance

California Attorney General Rob Bonta on Tuesday secured a settlement against a Contra Costa County skilled nursing facility resolving allegations of understaffing and patient abuse and neglect. The settlement resolves claims that for five years, San Miguel Villa subjected its patients to poor care due to understaffing and effectively rendered a number of its services useless. The settlement amounts to a total of $2.3 million, with California receiving $1.2 million. (See related article)

“Corporate profits should never be placed above patient needs and care,” said Attorney General Rob Bonta. “Every patient is entitled to humane care, and skilled nursing facilities should always have the appropriate level of staffing to ensure this standard of dignity is met. I want to thank the U.S. Attorney’s Office for their critical help during the course of this investigation. With the help of our federal partners, my office will continue to protect the well-being of all Medi-Cal beneficiaries.”

In June 2017, the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) responded to a report from the U.S. Attorney’s Office for the Northern District of California (USAO) involving allegations of overmedication of residents at San Miguel Villa. The USAO requested DMFEA’s assistance in the investigation. Conducted by DMFEA and the USAO, the investigation analyzed residents’ medical charts, surveys from the California Department of Public Health, prescription records, and publicly available staffing information from 2012-2017 – the time frame when the alleged mistreatment occurred. The investigation uncovered evidence of understaffing at the facility resulting in harm to residents, such as increased falls, patient-on-patient violence, weight loss, and overmedication to render patients more manageable. Tuesday’s settlement amounts to a total of $2.3 million, with California receiving $1.2 million.

The California Department of Justice’s DMFEA protects Californians by investigating and prosecuting those who defraud the Medi-Cal program as well as those who commit elder abuse. These settlements are made possible only through the coordination and collaboration of governmental agencies, as well as the critical help from whistleblowers who report incidences of abuse or Medi-Cal fraud at oag.ca.gov/dmfea/reporting.

DMFEA receives 75% of its funding from HHS under a grant award totaling $53,792,132 for federal fiscal year 2022-2023 The remaining 25% is funded by the State of California. The federal fiscal year is defined as October 1, 2022, through September 30, 2023.

A copy of the settlement is available here.