Publisher’s Note: This was received in our email on Sept. 21 but was inadvertently overlooked, until today.

Dear Editor:

My name is Sandra White, and I am running for Antioch City Council, District 4.  I want to make everyone aware of the current state of politics in the City of Antioch, and why I am running for office.

Some of our current City Council members are trying to defund the Antioch Police Department, use taxpayer dollars to put homeless in a hotel that is a stone’s throw away from residential neighborhoods and a school; and are trying to divide the residents of Antioch using race-baiting tactics to accomplish the election of candidates who will further the above agenda.

On September 8th, 2020, some Antioch residents received an email that appears to have come from my opponent in District 4.  It seems a candidate for mayor orchestrated a smear tactic directed at Mayor Wright, who came out against District Attorney Diana Becton’s undefined guidelines for the prosecution of looters.

In the article, my opponent implied Mayor Wright’s comments were somehow divisive because he disagreed with the DA’s allege pro-criminal approach to dealing with offenders in our community.  The smear piece suggests that the mayor’s statements were somehow based on DA Becton’s race and gender.  These types of divisive politics are toxic for Antioch, and things need to change.  As an African American woman, I am offended when people try to use race and gender to divide us, as my opponent alleges smear piece tried to do.

For the record, I am pro-police and believe the Antioch Police Department is understaffed.  I am currently a volunteer for the City of Antioch as the Chair of the Police Crime Prevention Commission.  I have met with many of you in my district to assist with making our neighborhoods safer.  When I am elected, I will be better positioned to make our entire community even safer.  I genuinely believe we do not need less police; we need more officers and mental health resources to assist our police department. Our understaff police department is inundated daily with calls that can be handled by a Crisis Prevention Unit.

The safety of you and your family will be my priority.  When I am elected to office, I will ensure our police department continues to model “Best Practices” within the Law Enforcement community. I stand with Mayor Wright and believe that after our police officers arrest criminals for victimizing our businesses, they should be held accountable and prosecuted.

Regarding our Homeless population, we all agree; there needs to be a solution.  Many of our homeless residents have mental health and drug/alcohol addiction issues. The only way the Homeless situation can drastically improve is by getting needed services and funding on a county and state level and laws and policy changes that allow families to intervene to get their loved ones help.  To suggest a Homeless hotel in a residential / school neighborhood (costing at least $1 million) without wrap-around services is reckless and a waste of your tax dollars!

We need to bring back businesses to Antioch taking the approach that our neighbors to the East and West have done.  Do you ever ask yourself why companies are not coming to Antioch? It is simple; we have crime and blight issues that are not my opponent’s concern and other members of the city council.  If we want to attract businesses, we need to lower our crime, beautify our city, and work with county and state officials to get our Homeless population to reduce the number of homeless residents.

If you are happy with Antioch’s current “status quo,” such as the conditions related to blight, low police staffing, increase in homelessness, and crime, then I am not the candidate for you.

We should all want our community in Antioch to become a positive change with a fully staffed police department, businesses returning to Antioch, a thoughtful and focused approach to reducing blight, homelessness, and quality of life issues. In that case, I am that candidate, and I hope you will vote for Sandra White, for Antioch City Council, District 4.

Sandra White

Candidate

Antioch City Council, District 4

 

Women Leaders Condemn Remarks by Antioch Mayor

Antioch, California — September 8, 2020 — Several women community leaders, including two Antioch city councilmembers, today condemned false accusations being spread by Mayor Sean Wright against Diana Becton, the county’s first elected woman, and Black district attorney, in his bid for reelection.

In an email sent to supporters last month, Wright claimed Becton created a policy that says it is OK for looters to steal items if they need them. “According to our DA, if the looters ‘need’ an item in a retail shop, for example, it is ok for them to take that item without being charged,” he wrote. Wright included a photo of a Black man looting a store in Chicago in his email.

Wright shared a September 1, 2020 article by The Daily Wire, a conservative news and opinion website, that supported his accusation against Becton. However, since the article was published, Snopes, an independent fact-checking website, found claims made in the article and shared on other right-wing websites were false.

In June, Becton issued guidelines that encouraged prosecutors to make a distinction between thefts and burglaries that merely happen to take place during a state of emergency and lootings, which are “substantially motivated by” a state of emergency. Contrary to Wright’s claim, the guidelines do not advise prosecutors not to go ahead with a looting charge if a suspect was found to have been motivated by “personal need.”

“Frankly, I’m shocked by the mayor’s comments, especially since he is running on a platform to unite the community,” said Monica Wilson, Antioch’s first Black woman city councilmember. “Fearmongering and spreading lies to drum up votes are not how you unite a community, especially a community like Antioch, where the majority of residents are people of color.”

“For a mayor of a city this size, it is completely irresponsible to make a statement based on unverified information that is later proven false,” said Antioch Mayor Pro Tem Joyann Motts. “At a time when we are trying to bring the community together, this is very divisive.”

Wilson also condemned similar remarks recently made by Steve Aiello, president of the Antioch Police Officers Association. In a September 1, 2020 story published by EastCountyToday.net, Aiello accused Becton of being “reckless” by “picking and choosing the types of crimes” her office prosecutes.

“There is very clearly a double standard going on here,” Wilson said. “Our district attorney has done nothing wrong, yet she has gained nationwide attention for her actions simply because she is a Black woman in a position of leadership. Meanwhile, we have had elected men here in Contra Costa County embezzle money, make unwanted sexual advances, and say inappropriate things, and it barely registers a blip on the radar.”

Other local women leaders who were disappointed in Mayor Wright’s comments included Tamisha Walker, an East Bay activist. “When we find ourselves misunderstanding the actions that are being taken at this moment, it would be more productive to find common ground rather than inferring that the leadership of a woman of color is irresponsible and reckless,” Walker said. “Solidarity is what we need during this time, not separatism that could lead to harm in any form. Black women can lead consciously and with full integrity during these very difficult and unprecedented times.”

“The disturbing part is intentionally misinterpreting DA Becton’s stance for shock value,” said Carolyn Wysinger, an East Bay activist and Board Chair of San Francisco PRIDE. “The mayor wrote, ‘According to our DA, if the looters “need” an item in a retail shop, for example, it is ok for them to take that item without being charged. I don’t agree with this approach — do you?’ That is classic dog-whistle politics, and THAT’S what we are calling out.”

Courtney Masella-O’Brien, attorney and community activist, said the mayor’s comments were reckless. “At a time when tensions and division in our country and our county are at an all-time high, people need to be responsible and make sure they have their facts accurate and complete, especially when it comes to Contra Costa’s first Black and first woman DA,” she said.

Arianna Grady, an Antioch student activist, said Wright’s comments typified the type of undue scrutiny Black women often encounter. “My mother always taught me that there are two things already against you in this world: ‘You’re Black and that you are a woman.’” Grady said. “Every day, Black women and men suffer from hardships. When we have passion in our voices, we are labeled ‘aggressive.’ When our hair isn’t considered ‘professional,’ we are ‘ghetto.’”

“This certain situation goes to show the continuous hardship we face, which causes us to work ten times harder with only half the expected outcome,” Grady added. “Being a Black woman in politics has shown me how hard we have to work for what we want, as many odds are against us. In this particular situation, it goes to show that we should not be misread and blasted by our peers but understood. This situation should only make us all want to continue to fight for and vote in people who will fact check, understand, and seek to empower all.”

“In the 100 years since women fought and won the right to vote, we’ve made great strides,” said Susannah Meyer, another local activist. “Our mothers and grandmothers faced discrimination and challenged gender oppression so that we could vote for women in office and actually have hope that they would be elected to serve. In those 100 years, we have made great strides inequality for women and are living in a world our trailblazing ancestors could only imagine. But we have a long way to go.

“While women leaders and elected officials are still judged on anything other than their integrity, their achievements, and their ability to lead, we still have a long way to go,” Meyer said. “While we calmly accept being treated like our voices don’t matter so we aren’t seen as angry or defensive, we still have a long way to go. Our next generation of women, and the generation after that, will look back and thank us for continuing the fight for gender equality. And we will fight, because we’ve made great strides, but we still have a long way to go.”

References:

Sean Wright’s campaign email:

https://secure.campaigner.com/CSB/Public/archive.aspx?args=NDU5NTMyMDA%3D&acc=NzU5ODM5&fbclid=IwAR2s9TznAap7tm3YOAaHeE14JfULlNEdWdi6FMZKS5_7OJUK-v2VnYMQ4I4

Did a California DA Say Looting Is ‘Okay’ If Suspects ‘Need’ What They Steal?

https://www.snopes.com/fact-check/california-da-becton-looting-need/

Antioch Mayor Blasts Contra Costa District Attorney’s Policy on “Looters”

https://eastcountytoday.net/antioch-mayor-blasts-contra-costa-district-attorneys-policy-on-looters/

 

By Lieutenant John Fortner, Antioch Police Investigations Bureau

On Saturday, October 3, 2020, at approximately 3:58 AM, Antioch police officers were called to the 700 block of Hap Arnold Street on the report of several gunshots heard in the area.

Numerous officers responded to the scene and located one male victim down in the backyard of a residence. The 39-year-old male victim was found to be suffering from at least one gunshot wound.

Officers immediately began providing first-aid and called for emergency paramedics. Ultimately, the victim, who was an Antioch resident, succumbed to his injuries and passed at the scene.

After the shooting, the suspect fled the area. The victim in this case appears to have been targeted by the suspect(s).

Antioch Police Department’s Crime Scene Investigators and Detectives with the Violent Crimes and Special Operations Units responded to the scene and took over the investigation. During the investigation a 32-year-old male suspect was identified as a resident of Concord, and detectives learned he fled to another county. Detectives tracked the suspect to where he was hiding and safely took him into custody.

Currently, detectives are working to identify any other suspects or persons-of-interest. The investigation is still active, and evidence is being collected and evaluated.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441, or Detective Smith at 925-779-6876. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

Including drug offenders arrested with small amounts or for other crimes such as shoplifting, petty theft, disorderly conduct   

To “divert low-level recreational users out of the criminal justice system and into health care system”

“Reducing strain in the courts” at presiding judge’s request

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

Contra Costa County District Attorney Diana Becton announced last week, misdemeanor filing considerations for the DA’s Office regarding . Originally initiated as a pilot, the considerations are now formal policy for the Office. The DA’s Office will no longer file charges against most people arrested or cited solely for the possession of small amounts of drugs. The idea is to divert low-level recreational users out of the criminal justice system and into the health care system with the goals of both reducing the strain in the courts and on law enforcement, and also by providing treatment options for the user.

Last year District Attorney Becton and Public Defender Robin Lipetzky were contacted by the presiding judge of the court who stressed the need to reduce the significant backlog of low-level, non-violent misdemeanors in the court system. The backlog of cases was slowing down court operations and proving to be an immense burden on the budgets of various law enforcement agencies and the courts.

Furthermore, there have been significant changes in the laws governing personal drug use that have changed the dynamics of prosecuting low-level drug cases. The aim of these considerations is to stop chronic patterns of arrest and to connect individuals to community based behavioral health services. For a first-time offender we will refer the person to health care services in our community. The policy allows the DA’s Office to focus our efforts on cases that may pose significant public safety concerns such as criminal street gangs, drug dealers, violent criminals, and cases involving firearms.

“When I took Office, I realized we had to change our perspective on filing cases, especially low-level drug cases. From my experience as a judge I saw first-hand how individuals were cycling through our system. Now as the District Attorney, I worked with several law enforcement partners throughout the county to build a plan and gain consensus on how best to proceed with these types of cases. We cannot prosecute ourselves out of this growing trend of low-level offenses being submitted to our Office for a filing decision,” said DA Becton.

Prosecutors will use their discretion on these low-level non-violent offenses to determine if criminal charges are appropriate. Pre-filing diversion is also available for individuals in lieu of a formal criminal complaint.

DA Becton stated, “As I do with all of my Office’s policies, I will periodically review this policy and work with my justice system colleagues to ensure its effectiveness and to modify it when necessary.”

In several situations, the policy may not apply. The exceptions include: the person has been arrested on three previous occasions in the past year for a misdemeanor drug offense, the theft is more than $300 in value, or the subject is on probation.

Misdemeanor Filing Considerations

FIRST-TIME AND STAND-ALONE OFFENSES

For the offenses below, do not file a case predicated upon these statutes if the individual is a first-time offender or this is a stand-alone charge. Consider use of CAPS, Infracting, or a Probation Violation as appropriate.

If an individual becomes a repeat offender, review all cases to include any previously unfiled incidents.

Note: For any of the below offenses, these considerations do not apply if:

• There are multiple violations (2 or more within a 12-month period)
• Theft cases: amount of stolen items is $300 or more
• Defendant is currently on probation
• Low net weight cases of controlled substances will generally not be filed unless there are three or more misdemeanor drug offenses or another qualifying exception within a 12-month period

The misdemeanor charges these considerations encompass are as follows:

STATUTE                 NAME OF STATUTE

BP 4060                      Possession of Controlled Substance

BP 4140                      Possession of Hypodermic or Syringe

HS 11357                    Possession of Marijuana

HS 11364                    Possession of Drug Paraphernalia

HS 11350                    Possession of Controlled Substance

HS 11377                    Possession of Controlled Substance

HS 11550                    Under the Influence of Controlled Substance

PC 415                        Disturbing the Peace

PC 459.5                     Shoplifting

PC 466                        Possession of Burglar Tools

PC 484                        Petty Theft

PC 602                         Trespass

PC 647(f)                    Disorderly Conduct

PROBATION VIOLATIONS

If an individual is already on Probation, consider electing to file a Probation Violation in Lieu of a new docket. Consult with your supervising DDA as appropriate.

SUSPENDED LICENSES

Infract the below vehicle code offenses. Note: this does not apply to VC 14601.2 and VC 14601.5 offenses.

STATUTE                 NAME OF STATUTE                                              ACTION

VC 12500                    Unlicensed Driver                                                       INFRACT

VC 14601.1                 Non-DUI Suspended or Revoked License                  INFRACT

Requiring independent investigations of officer-involved shootings; reforming juvenile justice and probation systems to aid in rehabilitation and reentry

SACRAMENTO – In the wake of nationwide demonstrations against structural racism and systemic injustice, Governor Gavin Newsom on Wednesday signed a series of bills into law initiating critical criminal justice, juvenile justice and policing reforms in California. Delivering on his promise this summer to sign a bill ending the use of the carotid restraint, Governor Newsom signed AB 1196 by Assemblymember Mike Gipson (D-Carson) which bans the practice statewide. The maneuver known as a chokehold, was banned by District Attorney Diana Becton for her Investigative Unit in June. (See related article).

Newsom also signed AB 1506 by Assemblymember Kevin McCarty (D-Sacramento) requiring the California Attorney General to conduct investigations into officer-involved shootings of unarmed individuals that result in death. He also took action on legislation that reforms the juvenile justice system to put more emphasis on rehabilitation and education, as well as creating a more just probation system.

“Americans across the country took to the streets this summer rightfully demanding more and better of our criminal justice system – and of ourselves,” said Governor Newsom. “We heard those calls for action loud and clear and today are advancing reforms to improve policing practices by ending the carotid hold and requiring independent investigations in officer-involved shootings. We are also taking important steps to break the school-to-prison pipeline. Still, we can and must do more. Working with our youth, faith and community leaders, law enforcement, the Legislature and countless others demanding change, my Administration remains committed to the important work ahead to make our criminal and juvenile justice systems fairer and safer for all Californians.”

Today’s action builds on Governor Newsom’s record enacting major change on criminal justice reform during his first years in office – from enacting one of the nation’s strongest police use-of-force standards, to putting a moratorium on the death penalty and shutting down California’s execution chamber, to closing prisons. The Administration will continue to work with the Legislature on additional reforms, including efforts to increase transparency in peace officer records and broader decertification measures to create accountability for officers with a history of misconduct.

Governor Newsom also took action today on important juvenile justice reforms. Building on the Governor’s commitment to end juvenile imprisonment as we know it, he signed several bills to support young people coming out of the criminal justice system and to disrupt the school-to-prison pipeline. SB 823 by the Committee on Budget and Fiscal Review takes the first, formal step of closing the Division of Juvenile Justice, which will help to provide youth rehabilitative services closer to home.

Other bills the Governor signed today that support youth include AB 901 by Assemblymember Mike Gipson (D-Carson), which will end the practice of referring youth who are having problems at school to probation programs. Additionally, SB 203 by Senator Steven Bradford (D-Gardena) requires that children under age 17 have an opportunity to consult with legal counsel before interrogation, and SB 1290 by Senator Maria Elena Durazo (D-Los Angeles) will cancel certain fees assessed on juvenile offenders and their families.

Finally, Governor Newsom signed AB 1950 by Assemblymember Sydney Kamlager (D-Los Angeles), which caps probation terms to a maximum of one year for misdemeanor offenses and two years for felonies.

Governor Newsom also signed:

• AB 646 by Assemblymember Kevin McCarty (D-Sacramento) – Elections: voter eligibility.
• AB 732 by Assemblymember Rob Bonta (D-Alameda) – County jails: prisons: incarcerated pregnant persons.
• AB 846 by Assemblymember Autumn Burke (D-Inglewood) and Assemblymember Jacqui Irwin (D-Thousand Oaks) – Public employment: public officers or employees declared by law to be peace officers.
• AB 1304 by Assemblymember Marie Waldron (R-Escondido) – California MAT Re-Entry Incentive Program. A signing message can be found here.
• AB 1775 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – False reports and harassment.
• AB 2321 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Juvenile court records: access.
• AB 2425 by Assemblymember Mark Stone (D-Scotts Valley) – Juvenile police records.
• AB 2512 by Assemblymember Mark Stone (D-Scotts Valley) – Death penalty: person with an intellectual disability.
• AB 2606 by Assemblymember Sabrina Cervantes (D-Riverside) – Criminal justice: supervised release file.
• AB 3043 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Corrections: confidential calls.
• AB 3234 by Assemblymember Philip Ting (D-San Francisco) – Public Safety. A signing message can be found here.
• SB 480 by Senator Bob Archuleta (D-Pico Rivera) – Law enforcement uniforms.
• SB 1126 by Senator Brian W. Jones (R-Santee) – Juvenile court records.
• SB 1196 by Senator Thomas Umberg (D-Santa Ana) – Price gouging.

 

By Antioch Police Department

Tuesday, at about 11:20 AM, #APDPOPTeam Officers Marcotte and Rombough conducted a traffic stop at L and West 18th Streets. They learned the driver was on a form of parole known as Post Release Community Supervision. Individuals who are placed on this type of supervision agree to subject themselves, their vehicles, along with homes and property, to warrantless searches by law enforcement. When officers searched his vehicle, they discovered numerous stolen checks that were forged and paid to the driver in amounts ranging from $2,000 to $10,000. They also discovered stolen identification and social security cards, along with several mailbox access keys. Said driver was fitted with chrome bracelets and received a courtesy shuttle ride from APD to the County Jail.

Many of you have installed locking mailboxes to help prevent mail theft, but individuals with access keys can still defeat them. If you can avoid it, try not to mail checks from your residential mailbox, and instead drop them off directly at the post office, or use online bill pay. You can also sign up for a free service from the US Postal Service called Informed Delivery, which will send you a daily email with images of the mail arriving in your mailbox that day. Here’s a link on how to sign up: https://informeddelivery.usps.com

You know your neighborhoods better than anyone, so please continue to call us if you spot anything suspicious. Our non-emergency Dispatch number is (925) 778-2441 or 9-1-1 if you think it’s an emergency.  #antiochpdca

By Antioch Police

Monday night, Officer Milner observed a vehicle driving on Auto Center Drive that had mechanical violations. Recognizing this, Officer Milner conducted a traffic enforcement stop of the vehicle.

While Officer Milner was speaking with the driver, he noticed an empty gun holster on the seat. For the safety of both the driver and Officer Milner, the driver was asked to step out of the vehicle. The driver was identified and found to be on probation. Probation often has a “search clause” allowing officers to search them and their vehicle.

During this probation search, Officer Milner located a large amount of methamphetamine, cash and a loaded handgun.

The driver was arrested on multiple weapons and drug charges, including felon in possession of a firearm and possession of a controlled substance for sale.

Result of years-long Operation by FBI Safe Streets Task Force

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

Martinez, Calif. – Today, Tuesday, September 15, 2020 the Contra Costa County District Attorney’s Office is announcing three homicide cold cases, involving multiple defendants who are gang members affiliated with the Sureños, were filed recently. The gang violence was focused in South Concord and near Monument Boulevard. This successful effort was due to the years-long investigation and operation led by the FBI Safe Streets Task Force and local partners, including Concord Police, FBI, U.S. Attorney’s Office of Northern California, Bureau of Alcohol, Tobacco & Firearms along with our Office. Two cases were filed last week, and one was filed yesterday, totaling four homicides involving 11 defendants. (See related article)

One of the homicides occurred in Antioch, and the victim was from Pittsburg, (See related article). The other three of the homicides occurred in Concord.

Operation Boulevard Blues culminated in a major law enforcement operation last Thursday that resulted in the arrest of 31 individuals and involved 31 different law enforcement agencies. Thirty-four search warrants were executed in multiple locations across Contra Costa County and 42 firearms were recovered. The details of the operation were announced earlier this morning with our federal partners.

“Our local efforts working collaboratively with our law enforcement partners, especially Concord Police, will keep our community safer and take violent gang members off the streets of Concord,” said District Attorney Diana Becton. “This successful operation started with a wiretap and led to multiple gang members involved in senseless murders and violence being arrested. While these cases were not solved right away, Concord Police and the FBI Safe Streets Task Force did not give up and fortunately we can bring some closure to the victims’ families.”

Overall, the DA’s Office filed three separate homicide complaints involving the following gang members of the Sureños – all of the alleged four homicides were done for the benefit of the gang:

• People v. Michael Valdez, Andrew Cervantes, Daniel Rodriguez, Docket Number 01-194377-8

o   Victim is Marcos Villazon of Pittsburg, Date of Alleged Murder is November 21, 2015 in Antioch

o   Victim is Luis Estrada, Date of Alleged Murder is November 30, 2015 in Concord

• People v. Rafael Lopez & Juan Barocio Jr., Docket Number 01-194379-4

o   Victim is Victor Gutierrez, Date of Alleged Murder is April 17, 2014 in Concord

• People v. Jose Cisneros, Marcos Ochoa, Luis Cruz, Aurelia Mendez, Antonio Mendez, Jose Ochoa, Docket Number 01-194418-0

o   Victim is Erick Cruz, Date of Alleged Murder is September 12, 2015 in Concord

The criminal investigations because of this operation are still active and ongoing. All of the defendants charged by the DA’s Office remain in custody.

Allen Payton contributed to this report.

Violated state environmental protection laws

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

Martinez, Calif. – Contra Costa County District Attorney Diana Becton announced Monday, a $1.43 million settlement against Kelly-Moore Paint Company (Kelly-Moore) to resolve allegations that the company violated California state laws governing hazardous waste by routinely and illegally disposing of paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes into company waste bins destined for municipal landfills not authorized to accept hazardous waste. The lawsuit also resolves allegations that Kelly-Moore failed to shred customer records containing confidential information before disposal.

“My office will always strive to protect the environment and public health by holding companies accountable for violating our environmental laws. This settlement not only acts as a deterrent against other potential violators but more importantly contains injunctive provisions to ensure Kelly Moore will maintain environmental compliance into the foreseeable future.,” stated Contra Costa County District Attorney Diana Becton.

Kelly-Moore is a retail paint company in North America. In California the company owns or operates approximately 106 retail stores, including nine stores in Contra Costa County as part of this settlement.

The investigation of Kelly-Moore was initiated by the California Department of Toxic Substance Control (DTSC). From March 2016 through December 2018, inspectors from the DTSC, and investigators from other district attorney offices statewide, conducted a series of undercover inspections of waste bins originating at 29 separate Kelly-Moore locations. These inspections found numerous instances of unlawful disposal of hazardous waste paint colorants, paint, electronic devices, aerosol products, and other hazardous wastes. Kelly-Moore also violated laws meant to protect vulnerable confidential consumer information by unlawfully disposing of customer records without having rendered personal information unreadable.

When Kelly-Moore officials were notified by the prosecutors of the unlawful disposals, they immediately agreed to cooperate with the People and promptly implemented measures and dedicated additional resources towards environmental compliance at its stores. Stores are required to properly manage hazardous waste and to retain their waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible wastes do not combine to cause dangerous chemical reactions. Hazardous waste produced by Kelly-Moore stores through damage, spills, and returns is being collected by state-registered haulers, taken to proper disposal facilities, and properly documented and accounted for.

The settlement requires a monetary payment of $1.43 million. This consists of $825,000 for civil penalties, $178,750 for supplemental environmental projects, and $425,000 for reimbursement of investigative and enforcement costs. Kelly-Moore gets a credit of $125,000 against the penalties if it undertakes at least $250,000 in environmental enhancement work not required by law. In addition, the settlement includes provisions requiring Kelly-Moore to employ a California-based compliance employee to oversee Kelly-Moore’s hazardous waste compliance program and to undergo a trash receptacle audit to ensure hazardous wastes and confidential consumer information is properly disposed of at all stores. The results of the audit must be shared with the public. The company must also comply with 28 injunctive requirements pertaining to environmental and confidential consumer information protection laws.

Joining District Attorney Becton in this lawsuit are the District Attorneys of Alameda, Monterey, Placer, San Francisco, San Joaquin, San Mateo, Santa Clara, Sonoma and Yolo Counties.