Contra Costa Herald

Benefiting 4 million small businesses

SACRAMENTO – A federal district court last week upheld Senator Steve Glazer’s Truth in Lending law in a summary judgment that declined to hear a lawsuit filed by a lender organization that argued the law did not apply to them.

Under legislation that Senator Glazer, D-Contra Costa, authored in 2018 (Senate Bill 1235), California became the first state in the nation to give small business owners the same protections that Truth in Lending laws have given consumer borrowers for more than half a century. The law became permanent this year when Governor Gavin Newsom signed Senator Glazer’s follow-up bill, SB 33.

The lawsuit, brought by online financers called the Small Business Finance Association, sought to invalidate regulations that the California Department of Financial Protection and Innovations (DFPI) adopted to implement Senate Bill 1235, which requires lenders and other finance companies to provide clear and consistent disclosures to small business owners when they offer them financing and when they close a deal.

CORRECTION: The court ruled in favor of the DFPI’s motion for preliminary injunction. The summary judgment (Motion for Summary Judgment) concluded that the disclosures required under the Department’s regulations were lawful under the First Amendment and were not preempted by federal law. 

In his 14-page order, the judge, R. Gary Klausner of the Central District of California, dismissed the plaintiffs’ arguments and praised state regulations implementing the law for protecting small business owners.

“The disclosures will help small businesses understand the cost of SBFs (Subscription Based Financing) and OECs (Original Equipment Costs) and do comparison shopping … Small businesses have asked for standardized disclosures that uncloak the true cost of financing and highlight useful information like “APR (Annual Percentage Rate), repayment amount, frequency of payments and prepayment penalties. The Regulations mandate such disclosures, thereby helping small businesses make informed credit decisions.”

DFPI Commissioner Clothilde Hewlett called Judge Klausner’s decision a “significant victory for small business owners and consumer protection in the State of California. SB 1235, and the accompanying DFPI regulations, ensure that more than four million California small businesses have protections like those enjoyed by consumers under the Truth in Lending Act for more than 50 years.

Hewlett continued: “These regulations empower small businesses to make informed credit decisions and better understand the cost of small business financing products, including merchant cash advances. The DFPI is committed to advancing opportunities for small business owners to achieve the California dream by ensuring a fair financial marketplace.”

The law is aimed at providing small business owners stronger footing in the rapidly evolving small business finance market, where fast-moving online lenders were replacing traditional banks in a largely unregulated world of loans and more innovative financing options.

“The federal district court agreed with the premise of my law, and that is that small businesses should be protected from abuses that were trapping them in a spiral of debt as the online lending industry evolved,” Senator Glazer said. “This law offers a modest measure – disclosure — to help level the playing field for small business owners. It is making California a leader in protecting the interests of small business owners as they seek the capital they need to grow.”

Previously, state and federal Truth in Lending laws applied only to consumer finance. Even the owners of the smallest companies were left to fend for themselves on the theory that they were sophisticated merchants who understood the world of finance. Increasingly, however, that is no longer true. Today’s small business owners are often immigrant entrepreneurs struggling to get their enterprises off the ground with little knowledge of the finance industry. Others are young people or early retirees with no background in finance.

Under the law, the financer must disclose the following at the time they offer financing of less than $500,000 to a business owner:

• Total amount of financing
• Total cost of financing
• Term length
• Frequency and amount of payments
• Pre-payment policies
• Annualized rate

Editor’s Note:  The Herald previously reported in this article based on incorrect information in a press release from Glazer’s office, that Judge Klausner had granted a preliminary injunction against Opportunity Financial LLC (OppFi).  That was in error.  Judge Klausner’s summary judgment order contained no such order and no motion against OppFi was before the court.

One of the five suspects from the overturned car surrenders to CHP officers on Saturday, Dec. 9, 2023. Video screenshot

Speeds reached in excess of 120 MPH

By CHP – Golden Gate Division Air Operations

Early Saturday morning, Dec. 9, 2023, CHP helicopter H30 was requested by San Francisco CHP units to assist in pursuing a vehicle wanted for reckless driving.

The crew of H30 arrived overhead as the vehicle crossed the Oakland Bay Bridge as speeds in excess of 120 mph. The suspect vehicle led officers on a 45-minute pursuit through three counties. (See video)

With H30 overhead, ground units were able to back off to a safe distance and set up spike strips.

After hitting the spike strips, the vehicle lost multiple tires and the driver eventually lost control and crashed. Five occupants in the vehicle were subsequently taken into custody.

CHP Contra Costa is handling the investigation.

By Pleasant Hill Police Department

On Friday, December 8, 2023 at approximately 11:45 PM, the Central County SWAT team, and crisis negotiators responded to the 200 block of Cleopatra Drive. The husband from the previous incident, Chunliam Nai Saechao (40 years old), was determined to be a danger to the public and a felony warrant was obtained for his arrest. During the day, information was gathered from social media and other investigative means, which led to this decision.

A shelter in place was issued for the Sherman Oaks neighborhood.

Saturday morning at around 7:52 am Chunliam Saechao exited his residence and surrendered to the FBI SWAT Team without further incident. The FBI SWAT team was summoned early this morning to relieve Central County SWAT who intended to return to the scene at 2:00 pm, if necessary. Mr. Saechao will be booked on several felonies to include assault with a deadly weapon and attempted homicide on a police officer.

According to a CBS News Bay Area report, Saechao communicated with police through social media. “During the standoff, he posted videos to social media wearing a bulletproof vest and holding an assault rifle. One message posted online said, ‘Anyone try to break into my home is going to be killed and I will have no remorse because I did a good thing to rid evil.’”

We acknowledge this prolonged and serious event caused great disruption and stoked fear within the Sherman Acres neighborhood and the surrounding community. De-escalation tactics, including disengagement, are routinely utilized in hope for peaceful resolutions, such as this one. Even after disengaging with the suspect during the early morning hours of December 8, the community’s safety and security was consistently monitored and constantly assessed. Police officers remained ready in the area, and we continued to monitor Mr. Saechao’s social media activity. We are relieved that the tactics employed led to a peaceful resolution, avoiding any bodily injuries or fatalities to members of law enforcement or the surrounding community.

According to the Contra Costa Sheriff’s Office, Saechao is being held in the Martinez Detention Facility on no bail.

Allen D. Payton contributed to this report.

Police activity in the Sherman Acres neighborhood of Pleasant Hill, Thursday, Dec. 7, 2023. Photo: PHPD

Posts on social media; stand off ends Thursday, begins again Friday evening, police close nearby roads

By Lt.  Jason Kleven, Pleasant Hill Department

On December 7, 2023 at around 7:05 PM, Pleasant Hill Police Officers responded to a residence on Cleopatra Drive for a welfare check on an adult female who reported to family that she had been locked out of their residence by her husband. Upon arrival, Officers located the female who had minor injuries to her lower body. Officers determined the female had tried to gain entry to the residence, through the barricaded side garage door, and her husband fired a single shot from a shotgun towards the door, striking his wife. The female was transported to a local hospital with non-life-threatening injuries where she was treated and later released. The husband remained inside the residence, alone.

Officers secured the scene and called crisis negotiators and the Central County SWAT team to the scene. Over several hours, numerous attempts to contact the husband, via telephone and loudspeaker, were made, but he was unresponsive to these attempts. The husband continuously posted to social media during the incident. The posts suggested he may be suicidal.

Crisis negotiators tried for several hours to communicate with the husband with no success. The circumstances surrounding this event indicated the husband was not an immediate threat to the general public. The SWAT team disengaged from the scene and the husband was left alone inside the residence.

According to a tweet by Henry Lee of KTVU, the man is a retired police officer.

On Friday, Dec. 8, Pleasant Hill Police announced they had returned to the neighborhood by tweeting, “5:30 pm Monument Blvd at I680 both directions and Marcia Dr is closed to all thru traffic. Please use alternate routes. Shelter in place issued for the Sherman Acres neighborhood due to police activity.”

Learn more from KTVU’s report here.

This is an ongoing investigation by the Pleasant Hill Police Department.

Allen D. Payton contributed to this report.

Endorses Pittsburg councilwoman to replace him; filing period extended until Wednesday, Dec. 13

Contra Costa County District 5 Supervisor Federal Glover. Official photo

Supervisor Federal Glover has announced that he will not seek reelection in 2024, thus ending six consecutive terms as the District 5 supervisor. During his tenure, Supervisor Glover has been a tireless advocate for the people of Contra Costa County, working to improve the lives of residents in District 5 and beyond.

Supervisor Glover’s accomplishments are many and varied. Before being elected to the Board of Supervisors, he served as a council member for the City of Pittsburg. During his tenure as a council member, and while serving as mayor of Pittsburg, Supervisor Glover led the council in its opening and dedication of its current municipal building for public service.

In 2000, Supervisor Glover began his tenure as a supervisor holding the distinction of being the only African American and only person of color to have been elected to and serve on the County’s Board of Supervisors since the County’s incorporation in 1850 as one of the first 27 counties when California gained statehood. Today, he remains the only African American to have served on the Board in the County’s 173 years.

In recognition of his leadership, Supervisor Glover was elected by his peers as chairman of the Board in 2004, 2008, 2013 and 2017. Over the years, he has also served as chair of the Public Protection Committee, Equity Committee, Los Medanos Healthcare Operations Committee, Sustainability Committee, Northern Waterfront Ad Hoc Committee, Industrial Safety Ordinance/Community Warning System Ad Hoc Committee, and on several joint/regional committees and commissions including, but not limited to, Metropolitan Transportation Commission, Contra Costa Transportation Authority, Local Agency Formation Commission, Tri-Delta Transit Authority, Delta Diablo Sanitation District, Costa Health Plan Joint Conference Committee, and Medical Services Joint Conference Committee.

He has been a strong supporter of the urban limit line, which aims to rein in suburban sprawl and preserve open space. He has also been a champion of transportation initiatives, securing over $1 billion in funding for improvements to highways and public transit in the region.

In addition to his work on these important issues, Supervisor Glover has been a passionate advocate for youth-related services. He initiated County youth conferences which give young people a chance to air their views to community leaders and get valuable information about careers and education. He also convened our area’s first Youth Summit and Gang Task Force, both aimed at supporting youth and providing good role models, so they don’t join gangs.

In April 2015, Supervisor Federal Glover had a life-altering surgical procedure performed where he received a new heart and a new kidney. In spite of this, he continued to serve on the board of supervisors throughout his period of illness and subsequent recovery.

Source: Facebook

Earlier this week, Glover endorsed Pittsburg Councilwoman Shanelle Scales-Preston to replace him. In a Dec. 6 post on her campaign Facebook page, she touted the endorsement with a quote from Glover which reads, “She’s the candidate that gets things done.” Scales-Preston also wrote “I can’t wait to follow in the path of Supervisor Federal Glover and hit the ground running to GET THINGS DONE as Supervisor. Thank you, Federal, for your support.”

Supervisor Glover’s leadership will be missed, but his legacy will live on in the many lives he touched during his time in office. His retirement from the Board will come at the end of the current term in December 2024. And during the last year of his term, he will serve as chair of the board again. We wish him all the best in his future endeavors.

So far, Scales-Preston will face Pittsburg Vice Mayor Jelani Killings and Antioch Councilman Mike Barbanica in the March primary election. Because Glover is not running again, the filing period that would have ended Friday at 5:00 p.m. has been extended five days until next Wednesday, Dec. 13.

Allen D. Payton contributed to this report.

Source: BART

Explore places and adventures near stations

Check-in locations include Walnut Creek BART Station

On Thursday, Dec. 7, BART launched a Digital Holiday Passport to encourage riding BART to explore the region and access holiday fun and adventures. Participants can win big prizes, including a $250 Clipper card and a 2023 Ugly Holiday Sweater and Holiday Beanie.
BART created the Digital Holiday Passport in partnership with Vibemap, a city discovery app that uses “vibes” to connect users to places, events, and experiences. Vibemapwill join BART at SweaterFest ‘23 on Sunday, Dec. 10, 2pm to 3pm, at Rockridge Station, to promote the challenge and answer questions. Members of the public who attend SweaterFest ‘23 will also be the first to receive the brand-new BART Stamp Passports for the BART Stamp Rally.
The Digital Holiday Passport challenge will run from Thursday, Dec. 7, 2023, to Monday, Jan. 1, 2024. Seven stations will serve as check-in locations:

• Walnut Creek
• Downtown Berkeley
• Fruitvale
• Montgomery
• MacArthur
• Lake Merritt
• West Dublin/Pleasanton

To participate, download Vibemap on the iOS App Store or the Google Play Store. After downloading, travel within 0.5 miles of one of the seven stations listed above, and you’ll receive a notification to unlock the Digital Holiday Passport. The passport is geofenced so you can’t participate unless you’re physically in the area.

Participants will earn “Challenge Points” for every nearby activity they do – from checking-in at stations and places around BART, to adding “vibes” and tips to the app. The more points you have, the higher your chances of winning prizes, such as:

• $250 Clipper card
• 2023 Ugly Holiday Sweater (Size Large), Holiday Beanie
• $50 Clipper card
• $11 Clipper cards + BART swag bag

After the challenge concludes, Vibemap will host an IRL event for participants to meet and mingle. Date and location TBD. At the event, you can get a special holiday stamp as part of the BART Stamp Rally.

To learn more about the Digital BART Holiday Passport visit bartable.bart.gov/vibemap.

Claims 2022 officer involved shooting death “was justified and lawful.”

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office’s report on the August 25, 2022, use of force death of 58-year-old Frank Correa in Oakley is now publicly available. (See related articles here and here)

District Attorney Diana Becton emphasized: “The Law Enforcement Involved Fatal Incident (LEIFI) reports my office releases to the public reflect my administration’s commitment to government transparency. The public should have the opportunity to independently review our investigations into the use of force and understand how my team and I analyze the details to arrive at our legal conclusions.”

Each LEIFI report summarizes the results of the District Attorney’s independent criminal investigation, including a summary of an autopsy, the outcome of a coroner’s inquest, a legal analysis of the facts, and a determination of criminal liability.

In the incident on August 25th, 2022, involving Frank Correa, it was reported that Mr. Correa — armed with a semiautomatic firearm — threatened to kill his girlfriend at his residence. His girlfriend managed to escape to safety and the police were contacted shortly thereafter about the incident. After Oakley Police officers responded to the scene and endeavored to de-escalate the situation for over two hours, Correa proceeded to discharge his firearm seven times at responding Oakley Police Department officers. To counter an imminent threat of death/great bodily injury, Oakley Police Department Sergeant Jeff Solomon authorized Officer Brett Jackson to use lethal force against Mr. Correa to protect themselves and others in the neighborhood from death or bodily harm.

The Contra Costa District Attorney’s legal analysis of the totality of the circumstances determined the officer’s use of deadly force on August 25th was justified and lawful. Therefore, no further action will be taken in this case.

To read the complete LEIFI report on Frank Correa, click here.

Rep. Mark DeSaulnier (center with award) is joined by (L-R) Park District General Manager Sabrina Landreth, Board President Dennis Waespi, Board Members Colin Coffey and John Mercurio, and Regional Parks Foundation Immediate Past President Les Hausrath. Photo: EBRPD

By Dave Mason, Public Information Supervisor, East Bay Regional Park District

Friday, December 8, 2023 (Oakland, CA) – The East Bay Regional Park District and the Regional Parks Foundation recognized U.S. Representative Mark DeSaulnier today with the 2023 Radke Championing Advocacy Award at a ceremony along the Iron Horse Trail in Walnut Creek. U.S. Representative DeSaulnier has been a long-time supporter and avid user of Park District parks and trails. In 2022, he was instrumental in securing $3 million in federal funding for the District’s planned visitor center at Thurgood Marshall Regional Park – Home of the Port Chicago 50.

“U.S. Representative Mark DeSaulnier has been a great champion and supporter of the East Bay Regional Park District,” said Park District Board President Dennis Waespi. “The 2023 Radke Championing Advocacy Award recognizes the Representative for his many years of advocacy for the Park District, including as a Concord City Council Member, Contra Costa County Supervisor, State Legislator, and now as a U.S. Representative.”

Representative DeSaulnier is the first award recipient serving in Washington, D.C.

“The Park District thanks Representative Mark DeSaulnier for his leadership in obtaining critical funds in the Federal budget for expanding access to the outdoors and providing a welcoming space for visitors to learn the important history at Thurgood Marshall Regional Park – Home of the Port Chicago 50,” said Park District General Manager Sabrina Landreth. “Representative DeSaunier has been a true partner and champion for the Park District throughout the years.”

Representative Mark DeSaulnier is known for championing policies that promote sustainability, environmental protection, and mitigate the consequential effects of climate change. He led the effort to secure a $3 million Community Benefit Project application for a future Visitor Center at Thurgood Marshall Regional Park – Home of the Port Chicago 50. The visitor center is envisioned as a joint facility with the National Park Service (NPS) to provide outdoor recreational opportunities, connect the public with the natural and human history of the park, and serve as a welcoming center for NPS to share the history of events commemorated by the Port Chicago Naval Magazine National Memorial.

“The East Bay Regional Park District provides invaluable service to our community by creating opportunities for outdoor activity that benefit our physical and mental health, protecting the environment, and hosting wildlife educational programs,” said Congressman DeSaulnier. “I am proud to have called the Park District a partner over many years in our efforts to ensure public access to parklands, preserve habitats, and share the history of our East Bay lands, and am honored to be recognized with the 2023 Radke Championing Advocacy Award.” The Radke Championing Advocacy award is named for late Park District Board Member Ted Radke, who advanced state and federal support for park funding. Former Director Radke strengthened the Park District’s ties in Sacramento and Washington, D.C. Radke served 36 years on the Park District Board of Directors and was the longest-serving Board member in its 89-year history.

The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives more than 25 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.

Source: CA DWP

To public agencies prior to certification per CEQA requirements

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按一下這裡檢視此通知的中文版本。

By California Department of Water Resources

The California Department of Water Resources (DWR) is today releasing the Final Environmental Impact Report to public agencies that commented on the Draft EIR, per the California Environmental Quality Act (CEQA).* Proposed responses to comments, as well as the Final EIR and accompanying informational resources, can be accessed at www.deltaconveyanceproject.com. This action signifies the last step DWR is required to take under CEQA prior to deciding whether to certify the EIR and approve the proposed project.

The Final EIR was prepared by DWR as the lead agency to comply with the requirements of CEQA. The Final EIR is presented in two volumes: 1) the contents of the entire Draft EIR, as revised, and 2) all comments received on the Draft EIR and responses to substantive comments.

At the conclusion of the CEQA process, DWR will determine if the Final EIR has been completed in compliance with CEQA and whether to certify that the Final EIR reflects DWR’s independent judgment and analysis. Following certification of the Final EIR, DWR would then determine whether to approve the proposed project, an alternative or no project. Learn more about the CEQA process here.

The proposed project identified in the Final EIR would modernize the state’s water infrastructure in the Delta to help protect the reliability of this important water supply for 27 million Californians and 750,000 acres of farmland from earthquakes and climate-driven weather extremes.

Accessing the Final EIR

The Final EIR is available online at www.deltaconveyanceproject.com/planning-processes/california-environmental-quality-act/final-eir/final-eir-document.

Informational Materials and Resources

• Final EIR Overview Fact Sheet

Project Planning Next Steps

• Community Benefits Program: Should DWR certify the Final EIR and approve the proposed project, DWR plans to release the Community Benefits Program Implementation Plan and Guidelines Discussion Document next year for review. There will be associated public engagement opportunities announced when that document is released.

• Additional Permitting: DWR continues to pursue additional required federal and state planning processes, including but not limited to federal and state Endangered Species Act compliance, adding points of diversion to existing water rights and Delta Plan consistency. Information and updates related to these processes can be found on the project’s permit portal website.
  *DWR is releasing the Final EIR to public agencies prior to certification per CEQA requirements. While CEQA does not require—and DWR is not providing—a public comment period on a Final EIR, it does require DWR to send its proposed responses at least 10 days prior to a decision on certification of the EIR.

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Includes lighting of grand Menorah of Freedom

By Mashie Goldshmid, Chabad of the Delta

You are invited to join us for a grand Chanukah Celebration on Sunday, December 10, 2023 at 4:30pm!

Come celebrate the Festival of Lights with Chabad of the Delta and our surrounding communities as we light the grand Menorah at Brentwood City Park.

Our local community leaders will participate in kindling the giant “Menorah of Freedom”. There will be fun activities for everyone including:

• Musical Entertainment by Aaron Smith
• Epic Magic Performance with Nathaniel Sagel
• Giant Menorah Lighting with Dignitaries
• Chanukah Donuts
• Latkes
• Chocolate Gelt
• Chanukah Crafts
• Festival Indoors, Lighting Outdoors
• Win Chanukah Gifts
• Security Presence
• Free Fidget Dreidel for the first 50 Children

For many of us, Chanukah prompts warm, loving memories from our childhood. We light the Menorah every night of the 8-night holiday. These lights offer warmth, joy, strength, inspiration and renews our sense of identity.

Rabbi Peretz Goldshmid, director of the Chabad of the Delta Jewish Center, describes Chanukah as “a holiday that enriches our lives with the light of tradition. In ancient times our ancestors rededicated the Temple in Jerusalem with the Menorah. Today, we rededicate ourselves to making this world a better and brighter place.”

As we celebrate in East Contra Costa, we join millions the world over, promoting the universal message that good will prevail over evil, freedom over oppression and light over darkness!

Make sure not to miss this opportunity to celebrate with your family and friends!

For more information, contact Chabad of the Delta at (925)420-4999 or online at JewishDelta.com/Chanukah.