Contra Costa Herald

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

Scathing State Audit confirms Labor Commissioner’s 47,000 backlogged claims at end of 2022-23

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Payroll graphic source: CA State Auditor

Senator Glazer’s request leads to findings of workers cheated out of $63.9 million in past wages

Calls it a failure to act on behalf of workers

Report claims inadequate staffing, poor oversight have weakened protections for workers

SACRAMENTO – California Labor Commissioners have stood idly by as a massive backlog in wage theft cases piled up worth $63.9 million in lost wages to workers as its enforcement unit failed to enforce and collect wages in 76 percent of cases in which employers were found to owe wages, according to a report released Wednesday by Grant Parks, the California State Auditor.

The scathing audit came as a result of a March 2023 request through the Joint Legislative Audit Committee by Senator Steve Glazer, D-Contra Costa, and Assemblyman David Alvarez, D-San Diego. It was based on news reports about the lack of wage theft enforcement.

Parks reported his findings to the Governor, President pro Tempore of the Senate and Speaker of the Assembly about the “Department of Industrial Relations’ Division of Labor Standards Enforcement, also known as the Labor Commissioner’s Office (LCO).” Lilia García-Brower is the current state Labor Commissioner and was appointed to the position by Governor Newsom in July 2019. Neither her name or photo appears on the website for the Labor Commissioner’s Office. Ironically, according to the agency’s website, “The mission of the LCO is to ensure a just day’s pay in every workplace in the State and to promote economic justice through robust enforcement of labor laws. By combating wage theft, protecting workers from retaliation, and educating the public, we put earned wages into workers’ pockets and help level the playing field for law-abiding employers.”

The audit “reviewed the backlog of wage claims submitted by workers from fiscal years 2017–18 through 2022–23, and determined that the LCO is not providing timely adjudication of wage claims for workers primarily because of insufficient staffing to process those claims.”

Furthermore, the state Auditor reported, “In addition to its delays in processing wage claims, the LCO has not been successful in collecting judgments from employers. A possible factor contributing to its low collection rate is that the Enforcement Unit does not consistently use all of the methods available to it for collecting payments owed to workers.”

Senator Glazer released this statement on the audit’s findings:

“The California State Auditor’s report makes clear that our State Labor Commissioner is a toothless enforcer of our wage theft laws. This deeply troubling assessment exposes a system that has fundamentally failed the workers it is supposed to protect. According to the auditor, there is a backlog of 47,000 claims registered on June 30, 2023. This is a state embarrassment and a stain on the department that workers depend on for justice.

The report also highlights an alarming increase in the average number of days to resolve claims, which has skyrocketed from 420 days in 2017/18 to an astounding 890 days in 2022/23. This drastic decline in efficiency is not just a statistic; it represents thousands of workers enduring prolonged injustice and financial hardship.

This lack of enforcement emboldens companies to exploit workers, knowing they can likely escape any real consequences, thus perpetuating and increasing further abuse. These findings paint a grim picture of an agency overwhelmed and ineffective, leaving workers vulnerable and without recourse. Immediate and decisive action to restore integrity and effectiveness to the Labor Commissioner’s office is needed. The workers of California deserve nothing less than a robust system that ensures timely and fair resolution of wage theft claims.”

The report can be found here: www.auditor.ca.gov/reports/the-california-labor-commissioners-office/

Allen D. Payton contributed to this report.

Avila Farias announces endorsement by Gov. Newsom in Assembly race

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Anamarie Avila Farias (official campaign photo) and Governor Gavin Newsom during a visit to the construction site of the Antioch brackish water desalination plant in Aug. 2022. Herald file photo

MARTINEZ, CA—District 15 State Assembly candidate Anamarie Avila Farias today announced the endorsement of California Governor Gavin Newsom for her campaign to represent portions of Contra Costa County in the State Legislature.

“Anamarie’s experience and dedication to her community, to progress on the challenges facing our state, and her commitment to charting a fundamentally strong future for all Californians make her the best candidate for State Assembly,” said Governor Newsom. “I’m proud of the work she’s done as an appointee of mine on the California Housing Finance Agency and look forward to working with her when she’s elected to the Assembly in November.”

“Under Governor Newsom’s leadership, California has been in great hands,” said Anamarie. “I’m proud to have served in his administration at the Mayor’s Office of Housing and Community Development of the City and County of San Francisco and as a Gubernatorial Appointee on the California Housing Finance Agency Board while he’s been governor.

“In the Assembly, I’ll seek to partner with him on bold policies to tackle housing, education, homelessness, and climate challenges,” she added.

Avila Farias placed second in the March Primary election behind her Republican opponent Sonia Ledo, but the top vote-getter in a field of three Democrats. Democratic voters outnumber Republicans 52%-19% in District 15’s registration numbers.

She currently serves as Area 3 Trustee on the Contra Costa County Board of Education where her focus is on quality education in Contra Costa public schools. The candidate touts her extensive record serving her community, including as a Martinez Councilwoman and in setting state policy.

Avila Farias is running to represent California State Assembly District 15. The district encompasses Martinez, Pleasant Hill, Concord, Clayton, Pittsburg, Bay Point, Antioch, Crockett most of Brentwood and unincorporated areas of Contra Costa County.

For more information about her campaign visit www.anamarie4assembly.com.

A $12.5 billion problem: California ranks #1 for cybercrime losses in 2023

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Source: FBI

Unveiling the top 10 U.S. states with highest cybercrime losses last year

By CyberNut

Cybercrime surged to unprecedented levels in 2023, resulting in over $12.5 billion in losses across the United States. Discover which states suffered the most significant financial impacts and delve into the factors driving these staggering losses in our comprehensive analysis.

  • California ranks #1 among states that experienced cybercrime loss
  • California lost around $2.16 billion in 2023. due to cybercrimes
  • California alone accounted for approximately 17.3% of the total cybercrime losses in the U.S. in 2023

Cybercrime has become a growing threat to businesses, schools, and individuals all over the United States, with more than $12.5 billion in potential losses incurred in the last year alone. But some states are bearing the brunt of the financial losses – is your state one of them?

“This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals,” notes Oliver Page, CEO of CyberNut.

Page delves into the top ten U.S. states that experienced the highest cybercrime losses in 2023, exploring the potential reasons behind these staggering figures.

Rank State Loss (in USD)
1 California 2,159,454,513
2 Texas 1,021,547,286
3 Florida 874,725,493
4 New York 749,955,480
5 New Jersey 441,151,263
6 Pennsylvania 360,334,651
7 Illinois 335,764,223
8 Arizona 324,352,644
9 Georgia 301,001,997
10 Washington 288,691,091
  1. Washington

Washington’s thriving tech industry makes it a prime target for cybercriminals. Oliver Page says, ‘With major tech companies like Microsoft and Amazon headquartered here, the state holds vast amounts of valuable data.’ Attacks on these giants and smaller businesses contributed to the state’s losses in 2023, which amounted to over $288 million.

  1. Georgia 

Atlanta’s status as a significant financial hub plays a role in Georgia’s cybercrime losses, which reached over $300 million last year. Oliver Page notes, ‘The state houses numerous banks and financial institutions, attracting cybercriminals seeking to exploit vulnerabilities in the financial sector.’

  1. Arizona

Arizona’s growing population and businesses make it susceptible to cyber threats. Small to medium-sized companies, often with fewer cybersecurity resources, become easy targets. The state’s focus on healthcare and education makes it a prime target for ransomware attacks.

Arizona lost over $320 million to cybercrimes last year.

  1. Illinois 

Illinois, particularly Chicago, is a center for business and commerce. The state’s diverse economy, including finance, healthcare, and manufacturing, offers cybercriminals a variety of lucrative targets. Cybercrimes in Illinois in 2023 reached over $335 million.

  1. Pennsylvania 

‘Pennsylvania’s large number of healthcare providers and insurance companies make it a prime target for data breaches,’ said Oliver Page. Cybercriminals exploit vulnerabilities in these sectors to steal sensitive information, leading to significant financial losses. In 2023, these losses amounted to some $360 million.

  1. New Jersey

New Jersey, in fifth place, experienced over $441 million in cybercrime losses, potentially due to its proximity to New York and its own thriving financial and pharmaceutical sectors.

  1. New York

Oliver Page says, ‘New York, the fourth-highest state, suffered nearly $750 million in losses, reflecting its status as a global financial hub and the presence of numerous high-profile companies and organizations, all of whom are a prime target for cybercriminals.’

  1. Florida 

Florida ranks third, with nearly $875 million suffered in cybercrime losses. ‘The state’s reliance on tourism, real estate, and financial services, as well as its large elderly population, make it vulnerable to scams and data breaches,’ Oliver Page says.

  1. Texas 

The state of Texas comes in second with over $1.02 billion in losses, likely due to its large population, diverse economy, and significant presence in industries like energy, finance, and healthcare, all of which are prime targets for cyberattacks.

  1. California 

California tops the list as the state with the highest cybercrime losses in 2023, reaching a staggering amount of nearly $2.16 billion.

Oliver Page notes, ‘This can be attributed to the state’s large population (the largest in the U.S.), thriving tech industry, and high concentration of affluent individuals and businesses, making it an attractive target for cybercriminals.’

Cybercrime’s Devastating Impact

These staggering cybercrime losses have a significant impact on the overall economy and financial system. Oliver Page says, ‘The theft of sensitive data, financial fraud, and disruption of critical infrastructure can lead to decreased consumer confidence, higher insurance premiums, and increased costs in every area for businesses and individuals.’

To mitigate these risks, businesses, organizations, and individuals in these high-risk states should implement robust cybersecurity measures, such as:

  • Regularly updating software and systems to address known vulnerabilities.
  • Implementing strong access controls, including multi-factor authentication and password management.
  • Providing comprehensive cybersecurity training for employees to recognize and respond to phishing attempts and other social engineering tactics.
  • Regularly backing up data and testing incident response plans to ensure business continuity in the event of a breach.
  • Cyber insurance should be considered to transfer some of the financial risk associated with cyber threats.

About CyberNut

CyberNut is a security awareness training solution built exclusively for schools. CyberNut’s automated campaigns train your school’s faculty, staff, & students to recognize and report the phishing emails and deep fake Al scams that are targeting your school district, making CyberNut the easiest and the most painless security awareness training solution to implement and manage for school IT departments.

Methodology

The data on U.S. states with the highest cybercrime losses is taken from the FBI’s Internet Crime Report 2023, Page 25 (https://www.ic3.gov/Media/PDF/AnnualReport/2023_IC3Report.pdf).  After collecting the data, we ranked it based on the highest losses to the respective state. The total amount of money lost ($12.5 billion) was taken from the same report.

Oakley, Antioch mayors visit China to strengthen global partnerships, promote sustainable development

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Dr. Pamela Tin, Saratoga Vice Mayor Marilyn Librers, Alex Fang, Nicholas Kwan, East Palo Alto Mayor Antonio Lopez, Victor Wang, James Chau, Saratoga Mayor Yan Zhao, Oakley Mayor Anissa Williams, Alan Wong, San Carlos Mayor John Dugan, Betty Chan, Antioch Mayor Lamar Hernandez-Thorpe. Photo by CSUEF

Met with the China-United States Exchange Foundation, an NGO closely collaborating with the Chinese government

Paid for by Palo Alto-based nonprofit

By Danielle Navarro, Assistant City Manager, City of Oakley

Oakley, CA – Mayor Anissa Williams has successfully concluded a productive visit to Chongqing, China, aimed at fostering international cooperation and exploring new opportunities for economic and sustainable development. During the trip, the mayor attended several key meetings and events, reinforcing the city’s commitment to global partnerships, educational opportunities, and green city initiatives.

She was one of five mayors and one vice mayor from the Bay Area who participated in a global meeting of city leaders on May 22 and 23. They included Lamar Hernandez-Thorpe of Antioch, Antonio Lopez of East Palo Alto, John Dugan of San Carlos, Yan Zhao of Saratoga and Vice Mayor Marilyn Librers of Morgan Hill on her 38th visit to China. During Monday’s annual Antioch Memorial Day Ceremony, Hernandez-Thorpe pointed out that unlike him, the mayors in China whom they met with were appointed by the Chinese Communist Party. Then, during the Antioch City Council meeting Tuesday night, May 28, 2024, he said, “I was very proud to be the mayor and represent this city, absolutely proud. You sometimes forget how great this city is.” Hernandez-Thorpe then added he will present his remarks about the trip in a different way.

The elected officials were welcomed to Hong Kong on May 20, 2024. CUSEF’s President James Chau, Governor Alan Wong, and Governor Alex Fang who was raised between Hong Kong and Silicon Valley, met with the mayors. The delegation was organized by Victor Wang, founder and chairman of China Silicon Valley, a Palo Alto-based nonprofit founded in 2012, which paid for the trip. The organization was formed to improve business cooperation, create jobs, increase economic activity, facilitate investment and international trade and promote communications between China and the larger Silicon Valley region.

Reflecting the shared nature of the San Francisco Bay and the Greater Bay, the meetings centered on the hopes and concerns of the 95 million people living in both areas, including issues relating to economic growth, technology, and investment, as well as education, housing, and environmental resources.

Meetings and Collaborations

Williams and the others in the delegation met with the China-United States Exchange Foundation (CUSEF), an NGO closely collaborating with the Chinese government to enhance bilateral relations. The discussions focused on mutual cooperation and the benefits of cultural and economic exchanges between the two countries. In a strategic meeting with Invest HK, a government entity promoting investment in Hong Kong, the mayor explored avenues for facilitating business relationships between Hong Kong enterprises and the US. The discussions highlighted opportunities for businesses in the food and beverage, fashion, and logistics sectors to establish a footprint in the US, enhancing cross-country economic ties. Mayor Williams also engaged with various businesses from China, with a special focus on startups and green technology seeking expansion into the U.S. market, emphasizing Oakley’s welcoming environment for international investments and its strategic advantages as a business hub.

“We are delighted to welcome the mayors to Hong Kong, the first stop on their visit to China,” said CUSEF’s Chau after the delegation’s arrival. “Silicon Valley drives the world’s fifth largest economy and accelerates California’s reputation for knowledge, learning, and research. Today was an opportunity to exchange ideas and align values with the elected representatives of a dynamic and globally renowned community. CUSEF works with everyone who cares about the U.S. and China, and their proven track record for advancing the human condition.”

Industry Matchmaking and Sustainable Development

The mayor participated in an industry matchmaking event designed to link top industries in Chongqing with city leaders from around the world. This event featured representatives from various global cities, fostering an exchange of innovative ideas and best practices for future development projects, particularly in green city development. During the visit, Mayor Williams delivered a speech highlighting the unique opportunities that Oakley offers and stressed the importance of maintaining our delta lifestyle while building resilient and inclusive cities. She quoted, “As long as you are an official in a place, you need to create benefits for that place and its people,” a guiding principle she has followed during her term.

Strengthening Sister City Relationships

The importance of establishing sister city relationships with China was emphasized by Secretary Blinken, who noted that the two countries share the world’s largest economies. This visit to Chongqing marks a significant step in deepening Oakley’s international partnerships and advancing our agenda for sustainable and inclusive growth. Should we enter a sister city relationship, our youth will have incredible opportunities for participating in both cultural and educational exchanges.

The outcomes of this trip are expected to yield long-term benefits, fostering economic development, educational growth, and a deeper understanding of the cultures of our two countries.

Allen D. Payton contributed to this report.

Following Memorial Day standoff in Concord man arrested for weapons charges, cruelty to child

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Neighborhood residents ordered to shelter in place for a few hours

Suspect held on $150,000 bail; has previous arrests for drug charges, DUI’s

By Sgt. Scott Smith, Concord Police Major Crimes Unit

On Monday, May 27, 2024, at 6:08pm, the Concord Police Department’s Dispatch Center received a call from a Concord resident reporting that a man she recognized from the neighborhood, later identified as 47-year-old Christian Alexander Stuart (born 10/8/76), had forced his way into her home on Rosebrook Court. She advised Stuart was armed with a handgun and she was home with three young children. Stuart waved his firearm around and pointed his firearm at the adult victim and one of the children. The adult victim was able to distract Stuart in a way that allowed all of them to escape outside. Officers quickly arrived, got the victims to safety, surrounded the residence, and deployed a drone. Officers heard several gunshots coming from inside the home.

A shelter-in-place order for the neighborhood was issued on X (formerly Twittter): “Concord PD is requesting residents in the area south of Cowell Road, from Saint Francis Dr to Ridge Park Dr, to shelter in place. There is heavy police activity on Saint Francis Dr.  If you see anything suspicious or unusual, please call 911 or 925-671-3333.”

Source: Concord PD

After a couple hours, Stuart exited the residence holding the firearm. He was safely taken into custody. No one was injured during the incident. Several bullet impacts were located inside the residence as well as evidence of a small fire. Stuart told officers he entered the victim’s home because he was being followed by several armed subjects. A thorough investigation was conducted and no evidence was located to support Stuart’s statement.

Stuart was arrested per 245(a)(2) PC – Assault with a Deadly Weapon, 451 PC – Arson, 246.3 PC – Negligent Discharge of a Firearm, 25850(c)(6) PC – Carry a Loaded and Unregistered Firearm, and 273.5A – Cruelty to Child. He was booked at the Martinez Detention Facility.

According to the Contra Costa Sheriff’s Office, the five-feet, five-inch tall, 165-pound Stuart is being held on $150,000 bail.

According to localcrimenews.com, he was also arrested in 2016 by Concord Police for planting and/or cultivating marijuana and/or hashish, in April 2010 and, again in October 2010 by Contra Costa Sheriff’s Deputies for DUI.

Allen D. Payton contributed to this report.

Kaiser Permanente Antioch Medical Center recognized for patient safety

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Photos: Kaiser Permanente

Named to 2024 Cal Hospital Compare Patient Safety Honor Roll for having a strong culture of safety

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

With a commitment to providing high-quality, safe patient care, Kaiser Permanente Antioch Medical Center has been named to the Cal Hospital Compare 2024 Patient Safety Honor Roll.

The honor roll uses objective, publicly available patient safety measures to evaluate hospitals across a variety of domains, including hospital-acquired infections, adverse patient safety events, sepsis management, patient experience, and the Leapfrog Group’s Hospital Safety Grade.

This year, 72 of the state’s 306 adult, acute-care hospitals made the honor roll. Kaiser Permanente Northern California had 10 hospitals on the list – representing 14% of the hospitals recognized.

“The safety of our patients is our top priority,” said Pam Galley, senior vice president and area of Kaiser Permanente’s Diablo service area. “Our health care providers work hard to create a safe, exceptional patient-care experience.”

Kaiser Permanente Northern California hospitals are consistently recognized as among the country’s best for outstanding patient safety, positive care outcomes, and exceptional patient-care experiences.

“We are committed to providing excellent personalized care while keeping our patients safe from harm,” said Kaiser Permanente Antioch Medical Center Physician in Chief Sharon Mowat, MD. “We are very grateful for our extraordinary physicians, nurses and staff members who make a difference every day.”

Hospitals on the honor roll had to meet a rigorous threshold of performance by having at least two-thirds of measure results above the 50th percentile and no measure result below the 10th percentile and/or an “A” grade in the Leapfrog Hospital Safety Grade for the past three reporting periods.

This honor roll offers Californians a rigorously evaluated list of hospitals that have consistently demonstrated a strong culture of safety across multiple departments, according to Cal Hospital Compare.

 

Bay Area “Transit Transformation” gets $18 million boost

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First commitments spur near-term projects to improve bus, light rail service

County Connection’s routes in Concord’s Monument Corridor will benefit from more reliable service, reduced travel times

By John Goodwin, Assistant Director of Communications and Khristina Wenzinger, Principal, Public Information, Legislation & Public Affairs, Metropolitan Transportation Commission

SAN FRANCISCO – The Metropolitan Transportation Commission (MTC) last week approved an $18.3 million allocation to fund eight near-term transit priority projects in Concord, other East Bay cities, San Jose, San Francisco and Redwood City. These investments are the first to be made through the $30 million Bus Accelerated Infrastructure Delivery (BusAID) program established as part of the Bay Area Transit Transformation Action Plan to implement quick-build solutions designed to improve service at problem ‘hotspot’ locations identified by transit agencies throughout the region.

What Does Transit Transformation Mean?

  • Design, adequately invest in and effectively manage a public transit network that is equitable, inclusive, frequent, affordable, accessible and reliable.
  • Integrate with unified service, fares, schedules, customer information and identity.
  • Serve all Bay Area populations, resulting in increased transit ridership and reduced growth in vehicle miles traveled.

The Action Plan aims to improve the Bay Area’s public transportation network to create a more user-friendly and connected system. It identifies key targets and actions to make this vision a reality.

Map of County Connection’s routes in the Monument Corridor. Source: Central Contra Costa Transit Authority

Approved Projects

Each of the eight approved projects is slated for completion in the next one to three years:

  • Monument Corridor Transit Speed Improvements (Concord): This project will transit priority signals along Monument Boulevard between Detroit Avenue and Mohr Lane, and will relocate and reconfigure bus stops to improve efficiency and accessibility. County Connection routes 11, 14, 16, 311, 314, 611, 613, 616 and 619 will benefit from more reliable service and reduced travel times.(See pages 5-2 & 5-3 of the Monument Corridor Community-Based Transportation Final Plan)
  • Park Street Transit Signal Priority and Signal Optimization (Alameda): this project will install transit signal priority and optimize signal timing at four intersections along Park Street from Alameda Avenue to Otis Drive, reducing delays for AC Transit routes 20, 21, OX and 663.
  • International Boulevard Transit Lane Delineation (Oakland): this project will reduce delays for AC Transit’s Tempo (1T) line, reduce speeding by drivers on non-transit vehicles and improve corridor safety between 14th Avenue and 42nd Avenue through the installation of vertical treatments to separate the existing bus lanes from general purpose lanes, and by painting the bus lanes red to deter non-transit vehicles from using the bus lanes.
  • El Camino Real Bus Boarding Islands & Bus Stop Balancing (Redwood City): To reduce delay for SamTrans routes ECR, 79, 270, 278, 295, 296, 2960 and 397, this project will fund the planning and design of bus boarding islands at stops along El Camino Real between Whipple Avenue and Dumbarton Avenue in Redwood City and unincorporated North Fair Oaks.
  • K-Ingleside Rapid Project Ocean Avenue Quick Build (San Francisco): Spanning Ocean Avenue from Junipero Serra Blvd. to Geneva Avenue, this project will increase service reliability and reduce travel times for Muni’s K-Ingleside light rail line by installing longer and wider boarding islands, adding red transit lanes, and implementing signal timing refinements and turn restrictions.
  • VTA Frequent Network Cloud-Based Transit Signal Priority (San Jose): This project will install next-generation transit signal priority at 174 intersections along VTA’s Frequent Network in San Jose, reducing delays for numerous bus routes, including 25, 26, 61, 64A, 64B, 70, 71, 72, 73, 77 and 500.
  • Vision Zero Senter Road East San Jose Safety Corridor Project (San Jose): This project will reduce delays for VTA routes 70, 72 and 73 by installing bus boarding islands along Senter Road between Story Road and Monterey Road.
  • Alvarado-Niles Road Part-Time Transit Lane Pilot (Union City): To reduce congestion-related delays for AC Transit route 97 and Union City Transit routes 1, 3 and 5, this project will install for a two-year pilot period a part-time transit lane along Alvarado-Niles Road from Decoto Road to Almaden Boulevard, providing buses with a dedicated lane during hours with peak traffic congestion.

MTC approved funding for these projects at its regularly scheduled May meeting, after each had been endorsed last month by the multi-agency Regional Network Management Council. Project recommendations were developed based on a two-stage screening process that evaluated potential rider benefits (time savings), equity considerations, and feasibility and readiness. Each project will include pre- and post-implementation evaluation to quantify project benefits. The remaining balance of $12 million in BusAID funding will be used for future funding rounds, when additional projects are identified and ready for implementation.

MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area. Caltrans owns and operates the state highway system.

Allen D. Payton contribute to this report.

State allocates $10.2 million for Contra Costa transportation improvements

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Nearly $2 billion in statewide investments to improve, protect state’s infrastructure

By Edward Barrera, Division Chief of Public Affairs, California Department of Transportation 

SACRAMENTO — Earlier this month, the California Transportation Commission (CTC) allocated $1.9 billion to support transportation infrastructure projects that play a starring role in powering the world’s fifth largest economy. The approved funding provides significant investments for bridges, roadways, transit and improved facilities for people who walk and bike.

The latest allocations also include nearly $430 million from the federal Infrastructure Investment and Jobs Act of 2021 (IIJA) and $740 million via Senate Bill (SB) 1, the Road Repair and Accountability Act of 2017.

A total of $10.183 million was allocated for improvements in Contra Costa County with most of it for 20 miles of BART track and $3.6 million for I-680 in San Ramon and Danville.

Among the efforts spurred by the $1.9 billion commitment include several projects prioritizing the state’s vital bridge network, highlighted more than $4 million to repair bridge damage along Interstate 80 in Alameda County.

Also included are projects that will build or renovate shoreline embankments, bus, bicycle and pedestrian infrastructure, and railroad overcrossings.

“California’s transportation infrastructure is critical to the economic and cultural lifeblood of our state, and this funding provides key support in our mission to provide a safe, equitable and sustainable transportation system for all users,” said Tony Tavares, Caltrans Director.

Contra Costa County Projects

  • $6 million allocation for BART Expansion and Contraction of Steel Rail in Contra Costa County which will destress twenty miles of rail track within the BART operating corridor that has been identified as being affected by such conditions in Contra Costa County. (Funding description and source: Locally-Administered Local Transportation Climate Adaptation Program Project off the State Highway System – Resolution LTCAP-A-2324-04)
  • $3.6 million allocation for I-680 in San Ramon and Danville, from Alcosta Boulevard to north of Diablo Road. Rehabilitate pavement, upgrade guardrail, and upgrade facilities to Americans with Disabilities Act (ADA) standards.
  • $500,000 allocation for the Pavement Resurfacing Project, which will focus on applying pavement rehabilitation treatments in various streets located in the southeast area of the City of Martinez to improve the City’s overall pavement condition index and reduce on-going maintenance. Project will also include ADA curb ramp improvements, restoration of vehicle detection sensors at signalized intersections, striping restoration, and green infrastructure improvements. (Funding description and source: Locally-Administered SB 1 Local Partnership Program (LPP) (Formulaic) Projects Off the State Highway System – Resolution LPP-A-2324-38)
  • $83,000 allocation for the Morello Avenue sidewalk gap closure in Martinez will address gaps of concrete sidewalk on the east side of Morello Avenue, south of Village Oaks Drive; and the east side of Morello Avenue, north of Arnold Drive. Improvements will also new curb and gutter, and a new ADA curb ramp at the southeast corner of Morello Avenue/Village Oaks Drive. (Funding description and source: Locally-Administered SB 1 LPP (Formulaic) Projects Off the State Highway System – Resolution LPP-A-2324-38)

The Contra Costa projects funded are among multiple approved projects in District 4 – Bay Area / Oakland which includes Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano and Sonoma counties.

IIJA, known as the “Bipartisan Infrastructure Law,” is a once-in-a-generation investment in our nation’s infrastructure to improve the sustainability and resiliency of our energy, water, broadband and transportation systems. Since 2021, California has received more than $42 billion in IIJA funds, including more than $29 billion for transportation-related projects.

In addition, SB 1 provides $5 billion in transportation funding each year that is shared between state and local agencies. Road projects progress through construction phases more quickly based on the availability of SB 1 funds, including those partially funded by SB 1.

See the complete list of the latest CTC-approved projects in each of the other nine Caltrans Districts in the state:

District 1 – Eureka (Del Norte, Humboldt, Lake and Mendocino counties)

District 2 – Redding (Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama and Trinity counties)

District 3 – Marysville / Sacramento (Butte, Colusa, El Dorado, Glenn, Nevada, Placer, Sacramento, Sierra, Sutter, Yolo and Yuba counties)

District 5 – San Luis Obispo / Santa Barbara (Santa Barbara, San Luis Obispo, Monterey, San Benito and Santa Cruz counties)

District 6 – Fresno / Bakersfield (Kings, Tulare, Fresno, Madera and Kern counties)

District 7 – Los Angeles (Los Angeles and Ventura counties)

District 8 – Riverside and San Bernardino counties

District 9 – Bishop (Inyo, Kern and Mono counties)

District 10 – Stockton (Alpine, Amador, Calaveras, Mariposa, Merced, San Joaquin, Stanislaus and Tuolumne counties)

District 11 – San Diego (San Diego and Imperial counties)

District 12 – Orange County

For more information about California transportation projects funded by IIJA and SB-1, visit RebuildingCA.ca.gov and www.build.ca.gov.

Allen D. Payton contributed to this report.

 

Public asked to participate in CalTrans test on DeSaulnier’s per mile “Road Charge” to replace gas tax

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Video screenshot source: Caltrans

Due to purchase and use of hybrid and electric vehicles

Receive up to $400 in gift cards for 6-month Pilot program beginning Aug. 2024

By Allen D. Payton

Caltrans has launched a test on the proposed per mile Road Charge to possibly replace the state’s current gas tax and invites the state’s drivers to participate. The Pilot program will last six months and participants can earn up to $400 in gift cards.

With the passage of Senate Bill 1077 introduced in 2014 by then-State Senator (now-Congressman) Mark DeSaulnier, California began investigating a long-term, sustainable transportation funding mechanism as a potential replacement to the gas tax, known as a “road charge” due to the advent of hybrid and electric vehicles. As of 2022, state officials estimate that there were about 1.1 million electric cars and 1.3 million hybrids on California roads.

Source: Caltrans

Taking direction from the Legislature, California completed the largest road charge research effort to date piloting more than 5,000 vehicles that reported in excess of 37 million miles over a nine-month duration. According to the program’s report, the statistics only serve to reinforce Californians’ desire for mobility, a safe and reliable transportation system, and an improved overall quality of life. Below please find the California State Transportation Agency’s release of the California Road Charge Pilot Program final report.

History of Transportation Funding

According to the Road Charge Pilot Program Summary Report, Nearly all of the 350 billion miles driven each year on California’s highways and roads are  powered by gasoline or diesel fueled vehicles. Historically, the taxes on those fuels provided the majority of the revenue required to maintain and operate our transportation network. As future consumption of gasoline and diesel fuel declines, due to increased fleet efficiency, California will be challenged to sustain its $2.5 trillion economy. Continuing to depend on a consumption-based transportation model, while at the same time adopting policies to increase vehicle fuel efficiency and promote the reduction of vehicle miles traveled, puts into question the long-term viability of the gas tax as a sustainable revenue model.

Source: Caltrans

Historically, transportation funding has been impacted by two main factors: inflation and vehicle fuel efficiency. Until this year, with the passage of the Road Repair and Accountability Act of 2017 (Senate Bill 1), the state gas tax had not been adjusted for inflation since 1994, which significantly reduced its purchasing power. Senate Bill 1 adjusted fuel rates for past inflation and includes future inflation adjustments: hence, solving the inflation issue and delaying the expected transportation funding shortage by a decade or more. However, the impact of improving vehicle fuel efficiency remains an issue, especially as new vehicles sold in the coming decades are expected to be much more fuel efficient.

The report claims, “Without Senate Bill 1’s inflation adjustments, the transportation funding shortfall would be quickly approaching. The new Senate Bill 1 revenues, as illustrated in Figure 1, stabilize the state’s short-term transportation infrastructure funding needs and provides time to explore alternatives to continued reliance on fuel taxes.”

Source: Caltrans

How Transportation Funding Works

Currently, it costs approximately $8.5 billion annually to maintain California’s roads.

  • Approximately 80% of highway and road repairs are funded by a tax on gasoline charged at the pump when you buy gas. The more gas you buy, the more you pay in gas taxes and the more you contribute to highway and road repairs.
  • On average, Californians pay about $300 a year in state gas taxes.
  • Various state fees also support transportation. Trucks pay weight fees and zero-emission vehicle owners pay $118 each year, and all vehicle owners pay a transportation improvement fee.
  • Some counties also charge a local sales tax to further invest in road and transit needs or have tolls on bridges or certain highways.
  • The public may also pass state bonds to invest in additional transportation needs.

What is Road Charge?

California relies on gas tax and other fuel tax revenues to fund its roadway maintenance and repairs. But as cars get more fuel efficient or use other energy sources, such as electricity and hydrogen, the gas tax will no longer fund the infrastructure California needs. California is researching a potential gas tax replacement that’s both sustainable and equitable: road charge. A road charge is a “user pays” system where all drivers pay to maintain the roads based on how much they drive, rather than how much gas they purchase. Under a road charge, all drivers share roadway maintenance and repair costs based on what they actually use. (https://dot.ca.gov/programs/road-charge)

  • California could replace the gas tax with a mileage-based user fee charged to drivers who use the roads. The more you drive, the more you pay for highway and road repairs. The less you drive, the less you pay.
  • Everyone would pay their fair share for road repairs based on how much they drive, not the kind of car they own.
  • California is working to develop a road charge program that is fair, transparent, and sustainable so that it meets our road maintenance needs now and in the future.

Most States Pursuing Vehicle Miles Traveled Taxes

According to the Tax Foundation, most states are taking steps toward a vehicle miles traveled (VMT) tax. “Oregon was the first state to begin research into VMT taxes in 2001 and was the first to implement a program in 2015. Four states now have active programs for passenger vehicles and four other states have active programs targeting heavy commercial vehicles (Oregon has both), with pilot programs carried out in 16 states. Only Hawaii has a mandatory program, which requires EVs to participate by 2028 and all light vehicles by 2033.”

Video screenshot source: Caltrans

Calculator Compares Road Charge vs. State Fuel Tax Costs

The “Road Charge” vs. gas tax calculator for a sample cost comparison of paying the current gas tax of $0.579 per gallon as of July 1, 2023, versus a per mile road charge offers options of $0.02, $0.03 and $0.04. At two cents per mile the Total Monthly Road Charge would be less than the Total Monthly State Fuel Tax for a gas-powered vehicle. But at three cents per mile, the monthly cost of the Road Charge would be greater than the current fuel tax.

For a 2024 Chevrolet Equinox EV driven an average of 1,000 miles per month the Road Charge annual costs would be $240 at two cents, $360 at three cents and $480 at four cents per mile versus the current $118 annual fee. The calculator “Does not include any federal or local taxes” and shows, “Rates are hypothetical and would be set by the California Legislature.”

Video screenshot source: Caltrans

Participate in 2024 Road Charge Collection Pilot

The Road Charge policy idea is still being explored and developed. The public’s input and ideas can help inform what the best way might be to implement a program in California. Drivers are asked to participate in the 2024 Road Charge Collection Pilot and earn up to $400!

  • Receive up to $400* in gift cards
  • Participate for 6 months; Aug 2024 – Jan 2025
  • Pay road charges each month
  • Gas tax refunded end of pilot
  • Take 2 surveys to tell us about your pilot experience

*Complete all required activities throughout the Pilot and earn up to $400: $100 distributed in September 2024 and up to $300 will be distributed in February 2025.

To learn more and participate in the pilot program visit https://caroadcharge.com/engage/contact-us-pilot/, call (916) 619-6283 toll-free or email info@caroadcharge.com.

 

 

CA Department of Justice clears Antioch Police of criminal charges in 2021 officer-involved shooting

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Cover of CA DOJ Policy and Practice Recommendations for APD and Figure 1. photograph from Brentwood Police Department drone footage showing Guadalupe Zavala taking aim and shooting at a police drone. Source: CA DOJ

Guadalupe Zavala caused 6-hour stand-off ending in his death while unarmed; son later sued City of Antioch

CA DOJ “commends APD” for manner in which they handled situation

CA Attorney General issues “policy and practices recommendations”

By California Department of Justice

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Guadalupe Zavala’s death from an officer-involved shooting involving the Antioch Police Department in Antioch, California on December 10, 2021. The report is part of the California Department of Justice’s (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ’s findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case. However, DOJ recognizes the important lessons to be learned from this incident. As required by AB 1506, the Attorney General has issued specific policy and practice recommendations related to the incident.

Figure 2: Distance between Mr. Zavala’s house and the location where Officer Duggar and Sergeant Chang were when they fired their shots. Figure 6: This image shows that the distance between Officer Rombough and Detective McDonald (both positioned on the Antioch armored vehicle) and were about 103 feet from Mr. Zavala when they fired. Source: CA DOJ

“Loss of life is always a tragedy,” said Attorney General Bonta. “AB 1506 is a critical transparency and accountability tool, and our hope for this report is to provide some understanding and aid in advancing towards a safer California for all. The California Department of Justice remains steadfast in our commitment to working together with all law enforcement partners to ensure an unbiased, transparent, and accountable legal system for every resident of California.”

Figure 11: Bullet holes photographed in residence neighboring Mr. Zavala’s home where neighbors reported shots fired by Mr. Zavala. Figures 11A&B: Bullets holes in neighbor’s vehicles outside Mr. Zavala’s residence. Source: CA DOJ

On December 10, 2021, Antioch Police Department responded to multiple calls regarding a man who was barricaded in his home with a rifle after shooting at neighboring homes and vehicles. A standoff lasting more than six hours ensued, during which Mr. Zavala fired multiple rounds from various locations towards law enforcement personnel, vehicles, and nearby residences. De-escalation measures, communications from the crisis negotiations team, and attempts to coerce Mr. Zavala from his residence were unsuccessful. At one point, Mr. Zavala exited his front door carrying what appeared to be a “full AR-15 style rifle.” Two snipers with the Antioch Police Department each fired one round hitting Mr. Zavala, causing him to fall back. However, because Mr. Zavala was wearing body armor, he was able to regain his footing and moved back inside the residence. Later, a fire started in Mr. Zavala’s home, and he ran out and took cover in his backyard. When law enforcement knocked down the fence of Mr. Zavala’s yard with an armored vehicle, Mr. Zavala ran towards the armored vehicle and was fatally shot.

Zavala’s son, Diego Zavala, joined in a 2023 federal lawsuit against the City of Antioch and six Antioch Police officers. (See related articles here, here and here)

Figure 25: Still frame from armored vehicle video of Mr. Zavala getting up halfway after the first round of shots were fired by officers. Figure 4: Mr. Zavala lying prone outside the North side of his home, under a barbecue, with what the helicopter reported to possibly be a handgun in his hands (circled). Figure 9: Cellphone image from Mr. Zavala’s phone from the day of the incident. Source: CA DOJ

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state. DOJ conducted a thorough investigation into this incident and concluded that the evidence does not show, beyond a reasonable doubt, that the officers involved did not act in lawful self-defense or defense of others. Therefore, there is insufficient evidence to support a criminal prosecution of the officers. As such, no further action will be taken in this case.

Figure 19. Assault rifle found in the hallway of a bedroom in Mr. Zavala’s residence. Figure 21. Ballistic vest recovered from the backyard. Figure 23: A box of unfired .40 caliber S&W ammunition found in the safe of the master bedroom of Mr. Zavala’s residence. Source: DOJ

CA DOJ “Commends APD” for How They Handled Situation

In addition, the report shows the California DOJ Police Practices Section conducted a supplemental review of the information and “PPS commends APD for the manner in which they handled this volatile, dangerous situation, coordinating with neighboring agencies, exploring less-lethal options, and rapidly deploying the SWAT and CNT teams to the incident to attempt to achieve a peaceful surrender.”

Source: CA DOJ

CA DOJ Recommendations

As part of its investigation, DOJ has identified several policy recommendations that it believes will help prevent similar incidents from occurring in the future. These recommendations include:

COMMUNICATION

Antioch Police Department should ensure that officers are equipped with effective communications devices that can operate in the hilly areas covered by their department. Antioch Police Department can seek additional coverage or upgrades through their department-issued cell phone or radio carriers or, if that is impracticable or not feasible, examine whether there are other cell phone carriers or radio channels that would work in all areas they serve.

COMMUNICATION BETWEEN AGENCIES

Antioch Police Department should ensure that their officers can effectively and efficiently communicate with officers from other agencies in future incidents by setting up regional radio channel systems for interagency communication.

See CA DOJ APD Policy Recommendations from Zavala_AB1506 Report

Emails were sent early Friday afternoon to Acting Antioch Police Chief Brian Addington, Antioch Police Officers Association leaders and their attorney, Mike Rains for comment on the report, as well as City Attorney Thomas L. Smith, Addington and Rains with questions regarding the 2023 lawsuit that included Zavala’s son. The efforts were unsuccessful prior to publication time, except for a response by Rains.

Early Friday evening he said, “That was good news from the DOJ. I think the findings were appropriate. The DOJ does a very good job, in my opinion, in these 1506 cases analyzing the facts and clearing the officers of any wrongdoing. I also see the PPS commends the department for de-escalation.”

About the lawsuit Rains said, “I don’t know on the civil side if the lawsuit is settled or not,” as Rains’ firm does not represent former officer Eric Rombough.

“We represented the officers in the 1506 case, including Duggar and Chang, who were the two primary officers who fired their weapons and were part of the DOJ investigation,” he added.

A copy of the complete report can be found here.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.