Contra Costa Herald

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

BART Board president, GM say more state funds needed to avoid “severe cuts to service and staffing”

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From Board of Directors President Janice Li and General Manager Bob Powers:

BART is thankful for the recent action taken by the California State Legislature to restore $2 billion for the Transit and Intercity Rail Capital Program. The program is vital in funding transformative capital improvements to modernize public transportation systems such as BART.

The fate of transit operating budgets, however, presents a do-or-die decision point.

Each day BART moves closer to plunging off the fiscal cliff if the State does not provide short-term financial aid to fund transit operations.

One-time federal funds are dwindling even with BART’s stringent cost controls and will be exhausted by early 2025. If transit operations funding is not included in this year’s State budget, BART must begin making severe cuts to service and staffing, as early as this year. The State has the opportunity – and the power – to sustain BART or let BART and the Bay Area economy fail.
Here’s how failure looks:

  • Trains only once an hour.
  • No trains on weekends.
  • No trains after 9 p.m. on weeknights.
  • Reduced service to San Francisco International and Oakland International airports.
  • Some stations closed.
  • Entire lines potentially shuttered

Those who will pay the biggest price for these severe cuts are those who can afford it the least. Sixty-seven percent of BART riders identify as non-white. Forty-four percent do not have a vehicle. Thirty-one percent have an income of $50,000 or lower. Seven percent are disabled. If the State fails to act, those who rely on BART as a lifeline will be stranded.

Everyone will pay the price if BART fails – even those who don’t use it. Traffic stands to drastically worsen across our already congested roadways and bridges, and regional greenhouse gas emissions will increase, further fueling climate change. Just one trip in a car emits the same amount of C02 as thirty trips taken on BART.

Businesses will struggle to move their goods with thousands more vehicles on already strained roads. BART service cuts to SFO and OAK will make tourism and convention travel unpalatable.

The Bay Area is an economic engine for the entire state, which represents the fourth largest economy in the world. But the regional economy isn’t ironclad. It needs effective public transit – BART, Muni, and other agencies – to thrive.

BART staff, labor partners and Board are focused on increasing ridership by improving the system.

Some highlights:

  • Adding eight to 18 additional police officers to patrol trains each shift in addition to BART’s unarmed safety staff of Ambassadors, Crisis Intervention Specialists and Fare Inspectors on trains.
  • A September schedule change means no rider will wait more than 20 minutes for a scheduled train, including nights and weekends.
  • More than doubling the Clipper START discount for eligible low-income riders.
  • A project to install 700 new fare gates at all stations by 2026 to deter fare evasion and increase safety.
  • Thorough cleaning of train car interiors twice as often.
  • Increasing the number of deep-clean teams by 66% to scrub heavily used stations.

These hard-earned gains for riders would be wiped out by severe service cuts. It’s a recipe for a death spiral.

If the State fails to act, not only will BART fail, but Bay Area public transit will fail. Ninety percent of all transfer trips in the Bay Area involve a connection to BART.

For BART and the Bay Area we know and love to survive, we need State help NOW.

Amtrak San Joaquins to run special trains to Allensworth State Historic Park for 2023 Juneteenth Festival, June 10

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Trains will bring visitors to celebrate at a site unique to California’s African American history

50% discount

By David Lipari, San Joaquin Joint Powers Authority

Colonel Allensworth State Historic Park is holding its annual celebratory Juneteenth event on Saturday, June 10 from 10:00 AM to 4:00 PM. In partnership, Amtrak San Joaquins has scheduled a special stop at the park for multiple trains, bookable at a 50 percent discount rate to bring travelers to the historically significant Colonel Allensworth State Historic Park.

The town of Allensworth was established in 1908 by Colonel Allen Allensworth and at one point was home to more than 300 families. The park is a California state treasure because it was the first town in California to be founded, financed, and governed by African Americans. Colonel Allensworth State Historic Park became a historical landmark in 1974.

The Juneteenth Festival is a key annual event hosted by Friends of Allensworth (FOA), a 501(c)(3) charitable organization whose mission is to support, promote, and advance the educational and interpretive activities at Colonel Allensworth State Historic Park. The Juneteenth holiday commemorates the June 19th, 1865, arrival of Union Army troops in Galveston, Texas, bearing news that the institution of slavery had been terminated, officially spreading news of the freedom of all enslaved people.

“Amtrak San Joaquins has been a long-time partner to the FOA in connecting the people of California and visitors with the historic town of Allensworth” said FOA President, Sasha Biscoe. “We encourage any individual that is interested in immersing themselves in the rich, ethnically diverse history of our state to consider taking advantage of the affordable, convenient, and fun transportation option provided by Amtrak San Joaquins and join us on June 10th to celebrate this important holiday.”

Event activities will include square dancing, self-guided tours of historic buildings, historic games with prizes, storytelling, and arts and crafts. Food and refreshment vendors will also be present. Travelers can also bring their bikes and chairs aboard Amtrak trains and Thruway buses.

The southbound trains that will be running for the event include trains 702, 710, 712, 714. When purchasing train tickets, a 50 percent discount will automatically be applied to the ticket purchase. Additional discount programs regularly available to riders includes:

  • Infants under 2 years of age ride for free
  • Children 2-12 years old ride half-price every day
  • Seniors (62+ years of age) receive 15% off
  • Veterans & active military members receive 15% off
  • Disabled riders save 15% off

Visitors attending the Juneteenth Festival will be able to take Amtrak San Joaquins trains to the Allensworth station. From there, riders will be met by a free shuttle for the short ride to the main property. The Allensworth station is normally a whistle stop on the San Joaquins available to be booked by groups desiring to visit the park.

Train tickets to Colonel Allensworth State Historic Park can be booked online at amtraksanjoaquins.com. For more information on how to book a group trip to Allensworth, please contact Carmen Setness, community outreach coordinator for San Joaquin Regional Rail Commission (SJRRC), at Carmen@sjjpa.com.

About Allensworth State Historic Park

The town of Allensworth is located in the heart of the Central Valley, about 30 miles north of Bakersfield, and has a rich history that is of interest to students, families, history buffs, minority community organizations, and anyone else looking to spend a fun day exploring the historic community and its restored buildings. In 1908, Allensworth was established as a town founded, financed and governed by African Americans. There were a series of challenges impeding the town’s long-term survival, but it is celebrated as a key historic icon, and in 1974 California State Parks purchased the land in order to maintain it as a site for visitors to learn and explore the Colonel’s house, historic schoolhouse, Baptist church, and library.

About the San Joaquin Joint Powers Authority (SJJPA)

Since July 2015, SJJPA has been responsible for the management and administration of Amtrak San Joaquins. SJJPA is governed by Board Members representing each of the ten (10) Member Agencies along the 365-mile San Joaquins Corridor. For more information on SJJPA see www.sjjpa.com.

Amtrak San Joaquins is Amtrak’s 6th busiest route with 18 train stations throughout the Central Valley and Bay Area, providing a safe, comfortable and reliable way to travel throughout California. Amtrak San Joaquins is currently running six daily round-trips. In addition to the train service, Amtrak San Joaquins Thruway buses provide connecting service to 135 destinations in California and Nevada including Los Angeles, Santa Barbara, San Diego, Napa Valley, Las Vegas and Reno.

49 state attorneys general file lawsuit against telecom company over billions of illegal robocalls

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An estimated 577 million robocalls sent to California phone numbers on National Do Not Call Registry 

Including Social Security, Medicare and employment scams

SACRAMENTO – California Attorney General Rob Bonta today, as part of a bipartisan coalition of 49 attorneys general, announced a lawsuit against Arizona-based Avid Telecom for allegedly initiating and facilitating billions of unlawful robocalls in California and around the country. Those robocalls included Social Security Administration scams, Medicare scams, and employment scams; two robocall examples can be heard here and here. Today’s complaint is the result of efforts by the nationwide Anti-Robocall Litigation Task Force, which Attorney General Bonta helped launch last year and is charged with taking legal action against telecommunications companies that perpetuate robocall traffic.

“As the People’s Attorney, I’ve been laser focused on protecting consumers since taking office, and stopping unwanted robocalls is an important bipartisan and nationwide effort,” said Attorney General Bonta. “In addition to being a daily annoyance, robocalls can and do cause real financial damage. I’m taking Avid Telecom to court for delivering not hundreds, or thousands, or millions of robocalls — but billions of robocalls. Our coalition alleges that Avid Telecom has violated federal and state laws, and we are confident that we will prevail.”

From December 2018 to January 2023, Avid Telecom sent or attempted to transmit over 24.5 billion calls to consumers. More than 90% of those calls lasted under 15 seconds, strongly indicating that they were likely robocalls. Further, Avid Telecom sent or transmitted over 7.5 billion calls to telephone numbers on the National Do Not Call Registry, an estimated 577,879,156 of those calls were to telephone numbers in California. Registering for the National Do Not Call Registry allows consumers to legally opt out from receiving telemarketing calls, but robocallers regularly fail to respect such legal prohibitions.

In the multistate coalition’s complaint, among other misconduct, Attorney General Bonta alleges that Avid Telecom:

  • Violated the Telephone Consumer Protection Act, which prohibits any person from making a call using an automatic telephone-dialing system or an artificial or prerecorded voice to any cellular telephone;
  • Violated the Telemarketing Sales Rule, which prohibits abusive and deceptive acts or practices by “sellers” or “telemarketers”;
  • Violated the Truth in Caller ID Act, which prohibits the transmission of misleading or inaccurate caller-ID information;
  • Violated California’s Unfair Competition Law, which prohibits unlawful, unfair, or fraudulent business acts and practices, by transmitting a colossal number of illegal robocalls into California.

In filing today’s complaint, Attorney General Bonta joined the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

A copy of the lawsuit can be found here.

 

Mortgage company president guilty on 100 felony counts in $7 million statewide fraud scheme

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Robert Sedlar of Grand View Financial LLC which operated in the counties of Contra Costa, San Diego, San Mateo, Alameda, San Joaquin, Placer, Solano, Mendocino, San Francisco, El Dorado, and Sacramento. 

OAKLAND —  California Attorney General Rob Bonta announced Friday, May 12 the former president of a purported mortgage “investment” company, Robert Sedlar, has been convicted of 100 felony counts for operating a mortgage fraud scheme throughout California. The scheme resulted in a combined loss of over $7 million. The victims, including people who were elderly and in financial distress, sought mortgage relief services from Grand View Financial LLC in the counties of Contra Costa, San Diego, San Mateo, Alameda, San Joaquin, Placer, Solano, Mendocino, San Francisco, El Dorado, and Sacramento. The operators of Grand View Financial—Steven Rogers, Robert Sedlar, and Audrey Gan—were previously indicted by a grand jury in the Sacramento Superior Court for conspiracy, grand theft, elder abuse, filing false or forged documents in a public office, and engaging in a prohibited act as a foreclosure consultant. Steve Rogers and Audrey Gan entered guilty pleas before trial, and Robert Sedlar, president of the company, proceeded to trial in March 2023 on all counts. Today, Robert Sedlar was found guilty of Conspiracy as well as multiple counts of Filing a False Document, Grand Theft, Elder Abuse, and Prohibited Acts by a Foreclosure Consultant. He will be sentenced on July 21, 2023.

“Let this be a strong warning to anyone seeking to steal people’s hard-earned money: We will find you, and we will hold you accountable,” said AG Bonta. “Individuals who prey on vulnerable communities to enrich themselves will be held accountable by the California Department of Justice. My office will continue to work with our law enforcement partners to identify and prosecute those who disregard the rule of law.”

Between 2015 and 2019, the defendants conspired to steal money and homes from distressed homeowners using a company called Grand View Financial LLC. The company advertised assistance to desperate homeowners facing foreclosure. The defendants promised consumers that if they transferred title of their house to Grandview Financial and paid money, the company would eliminate the mortgage lien and deed the home back to the homeowner, clear of any liens. During this time, the defendants filed false court documents, false documents with the county recorders offices, and false bankruptcies that stalled the foreclosures but did nothing to eliminate the liens, all while collecting funds from the victims. Every single victim lost their home as a result.

The indictment and arrests are the result of a joint investigation by the California Department of Justice, Fraud and Special Prosecutions Section and White Collar Investigation Team; the United States Office of Inspector General, Federal Deposit Insurance Corporation; the United States Office of Inspector General, Federal Housing Finance Agency; the United States Trustee Program; the United States Marshals Service; the Stanislaus County District Attorney’s Office; and the El Dorado County District Attorney’s Office.

A copy of the charges can be found here.

 

Antioch Police Chief pledges full cooperation with CA DOJ, announces acceptance into new Trust Building Campaign with 25 Key Policies

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Source: IACP

By PIO Ashley Crandell, Antioch Police Department Community Engagement Unit

On May 10, 2023, California Attorney General Rob Bonta announced the Department of Justice (DOJ) has launched a civil rights investigation into the Antioch Police Department. Chief Steven Ford welcomes this investigation and pledges full cooperation with DOJ officials, just as we have done with the joint FBI-Contra Costa DA investigation already taking place. We understand the importance of ensuring our policies, procedures, and practices are in line with expectations of 21st Century Policing.

In furtherance of our commitment toward meaningful reform, the Antioch Police Department is pleased to announce that we have joined other progressive policing agencies across the United States (and globally) in pledging to enhance trust and collaboration between police and the community we serve. The pledge is part of an initiative called the Trust Building Campaign which was started by the International Association of Chiefs of Police (IACP), the world’s largest and most influential professional association for police leaders. In joining the Trust Building Campaign, the Antioch Police Department has pledged to implement 25 key policies and leading practices within a 36-month period.

As we complete the Trust Building Campaign pledge, the Antioch Police Department will prioritize actions encouraging positive community-police partnerships within six focus areas (bias-free policing, use of force, leadership and culture, recruitment, hiring, and retention, victim services, and community relations). These areas and their associated key practices are designed to promote safe, effective interactions, create strategies to prevent and reduce crime, and improve the wellbeing and quality of life for all.

In a world where information is spread so quickly, it is critical, now more than ever, that law enforcement have the trust of the community that they will provide truth, transparency, and justice.

Through the Trust Building Campaign, the IACP is committed to addressing these, and other issues, on a national and international level.

Statement from Chief Steven Ford:

“We are excited to announce this partnership with the IACP Trust Building Campaign. This initiative aligns with our Strategic Plan goals that we have been progressively implementing during our Public Safety Partnership and emphasizes our commitment to advancing public safety practices through community engagement, transparency, and bias-free policing. We look forward to collaborating with our community stakeholders, justice partners, and industry experts to ensure success in meeting the goals of this campaign.”

For more information about the Trust Building Campaign, visit the IACP’s website at https://www.theiacp.org/iacp-trust-building-campaign.

25 Key Policies and Promising Practices

  1. Establish a policy on bias-free policing.
  2. Increase transparency and accountability of police use of force. Publish use of force and complaint process policies.
  3. Provide officers with training and coaching on cultural responsivity.
  4. Train officers on the unique makeup and needs of their communities based on country of origin, religious and cultural practices, etc. which may conflict with local laws.
  5. Adopt the elements of the National Consensus Policy on Use of Force into the agency’s policies and procedures. Publish use of force policy
  6. Provide regular training on the agency’s use of force policy. Training should include scenario-based exercises that incorporate de-escalation techniques.
  7. Document all use of force beyond handcuffing in agency records. Review these records on an annual basis to identify trends that need to be addressed in policy and training.
  8. Participate in the National Use of Force database.
  9. Establish an agency policy or statement that recognizes the sanctity of life and the importance of preserving human life during all encounters. Adopting the IACP Oath of Honor will meet this requirement.
  10. Participate in accreditation, certification, or credentialing process that has an independent organization that reviews an agency’s policies and procedures.
  11. Ensure training and policy reflect a culture of equity, diversion, inclusion, accountability, and that promote procedural justice for community members and employees alike.
  12. Establish an employee wellness program that includes both physical and mental health.
  13. Conduct a culture assessment of the organization, with steps taken to address areas of concern.
  14. Provide body armor to officers and require the wearing of soft body armor while on uniformed patrol.
  15. Embrace the guardian officer rather than the warrior mindset in recruiting and training.
  16. Establish minimum educational standards or equivalency requirements that can be met by prior life experience. Provide officers with the opportunity for advanced education and training opportunities.
  17. Verify potential hires with the national decertification database before hiring experienced officers.
  18. Include measures of problem-solving, trust-building, and cultural responsivity in metrics of officer performance.
  19. Train officers in Trauma-Informed Responses.
  20. Train officers on best practices, resources, and tools for communicating with community members who do not speak English or whose ability to communicate is impaired.
  21. Establish partnerships to provide for mental health, substance abuse, and youth deflection/diversion resources in their community.
  22. Educate communities on the dynamics of policing and set reasonable expectations for their police. Establish shared expectations of the role police have in the community and solicit review and input from the community on agency policies and procedures.
  23. Establish a clear and timely complaint process that does not require written or sworn statements to submit. Complaint processes and policies should be accessible to all.
  24. Conduct a regular recurring survey of the community to measure the level of trust in the police.
  25. Establish written strategies to engage with youth and marginalized groups in the community to develop positive relationships with police officers and how to interact safely with police.

 

 

 

CA Attorney General Bonta launches civil rights investigation into Antioch Police Department

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Review comes amidst allegations of bigoted text messages and other potentially discriminatory misconduct 

OAKLAND — California Attorney General Rob Bonta today announced initiating a civil rights investigation into the Antioch Police Department (APD). The investigation will seek to determine whether the law enforcement agency has engaged in a pattern or practice of unconstitutional policing amid deeply concerning allegations relating to bigoted text messages and other potentially discriminatory misconduct. If, through this investigation, the Attorney General’s Office determines that unlawful activity or practices took place, the office will also determine what potential actions are needed to ensure comprehensive corrective action takes place at APD.  (See related articles here and here)

“It is our job to protect and serve all of our communities,” said Attorney General Bonta. “Police departments are on the front lines of that fight every day as they work to safeguard the people of our state. However, where there are allegations of potentially pervasive bias or discrimination, it can undermine the trust that is critical for public safety and our justice system. It is our responsibility to ensure that we establish a culture of accountability, professionalism, and zero tolerance for hateful or racist behavior, on or off duty.”

Under the California Constitution and California Civil Code section 52.3, the Attorney General is authorized to conduct civil investigations into whether a law enforcement agency has engaged in a pattern or practice of violating state or federal law. As opposed to a criminal investigation into an individual incident or incidents, a pattern or practice investigation typically works to identify and, as appropriate, compel the correction of systemic violations of the constitutional rights of the community at large by a law enforcement agency. With regard to the Antioch Police Department, the Attorney General has made no determinations at this time about specific complaints, allegations, or the agency’s overall policies and practices. The Attorney General’s independent investigation of APD is separate from ongoing or potential administrative or criminal investigations at the local and federal levels.

As interaction and cooperation with the community is at the core of law enforcement’s work to provide public safety and create public trust, the Attorney General encourages anyone with information relevant to this investigation to contact the California Department of Justice’s Civil Rights Enforcement Section at Police-Practices@doj.ca.gov. Members of the public may also send information to the California Department of Justice in other languages. During the course of the investigation, attorneys and special agents at the California Department of Justice will work diligently to consider all relevant information, including from community members and organizations, local officials, oversight entities, Antioch Police Department, and individual officers.

Attorney General Bonta is committed to strengthening trust between local law enforcement and the communities they serve as one key part of the broader effort to increase public safety for all Californians. In February, Attorney General Bonta launched an investigation into allegations of excessive force at the Riverside County Sheriff’s Department. Last year, the Attorney General assumed responsibility for the Los Angeles County Sheriff’s Department’s investigation related to contracts awarded to a local nonprofit. He worked with authorities in San Francisco to help ensure the continuation of local oversight efforts related to officer-involved shootings, in-custody deaths, and severe uses of force. Attorney General Bonta also opened a pattern or practice investigation into the Santa Clara County Sheriff’s Office. In 2021, the Attorney General launched an independent review of the Torrance Police Department and secured a stipulated judgment against the Bakersfield Police Department requiring an extensive range of actions to promote public safety. Attorney General Bonta also established the Racial Justice Bureau within the Civil Rights Enforcement Section to, among other things, help address issues of implicit and explicit bias in policing.

 

Anti-gerrymandering redistricting reform gaining momentum in CA Legislature

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The original gerrymander in 1812 of a Massachusetts State Senate district approved by Gov. Elbridge Gerry. Source: Wikimedia Commons.

AB 764 and AB 1248 would help end gerrymandering in the state and bring local redistricting into alignment with statewide and congressional redistricting standards

SACRAMENTO – A package of statewide redistricting reform bills that would help end gerrymandering and the abuse of local redistricting processes in California passed out of the Assembly Local Government Committee on Wednesday. AB 764 (Bryan) and AB 1248 (Bryan and Allen) have recently gained a groundswell of support, pushing the bills past a massive legislative hurdle and inching them closer to becoming law.

“The abuse of our redistricting processes by incumbent politicians is a statewide issue that requires statewide solutions if California is to build a fully inclusive and representative democracy that works for everyone,” said Jonathan Mehta Stein, Executive Director of California Common Cause. “Informed by evaluations of over 100 of local jurisdictions’ redistricting processes and conversations with dozens of community-based organizations, AB 764 and AB 1248 make this vision a reality.”

Backed by civil rights, good government, and community organizations, these bills would empower communities in the redistricting process and would help end gerrymandering at the local level by strengthening current redistricting protections and establishing independent redistricting commissions for larger local jurisdictions.

AB 764 amends 2019’s FAIR MAPS Act (FMA), a bill that requires cities and counties to use standardized, fair redistricting criteria that prioritize communities when drawing district lines. The bill strengthens the FMA’s redistricting criteria, public engagement requirements, and transparency measures, and would extend its protections to additional local governments, like school boards. It would also prohibit incumbent-protection gerrymandering and would give the public greater control over a process that fundamentally should belong to them.

Under AB 1248, all counties, cities, school districts, and community college districts with a population over 300,000 would be required to establish an independent redistricting commission before the 2030 redistricting cycle that meets their own local needs. If they do not act on their own, they would be required to utilize a more detailed default commission structure outlined in state law.

“Comprehensive redistricting reform is a long-term solution for building truly representative elections and a democracy that includes everyone,” said Laurel Brodzinsky, California Common Cause’s Legislative Director. “The momentum of AB 764 and AB 1248 shows there’s a real chance that California can end the abuse of our redistricting processes and set the national standard for prioritizing people over politicians.”

AB 764 is sponsored by California Common Cause, League of Women Voters of California, and Asian Americans Advancing Justice Southern California. AB 1248 is sponsored by California Common Cause, ACLU of Southern California, Asian Law Caucus, and League of Women Voters of California.

Registered Support for AB 764:

AAPIs for Civic Empowerment Education Fund, ACLU California Action, AFSCME, Alameda County Coalition for Fair Redistricting, Alliance San Diego, Asian Americans Advancing Justice – Asian Law Caucus, California Environmental Voters (formerly CLCV), Catalyst California, Central Coast Alliance United for A Sustainable Economy, California Common Cause, Communities for A New California (CNC), Communities United for Restorative Youth Justice (CURYJ), Community Health Councils, Courage California, Ella Baker Center for Human Rights, Indivisible CA Statestrong, Indivisible Marin, Initiate Justice, Initiate Justice Action, Inland Equity Partnership, Lawyers’ Committee for Civil Rights of The San Francisco Bay Area, League of Women Voters of California, Oakland Rising Action, OC Action, Peninsula Family Service, San Francisco Rising, Secure Justice, Silicon Valley Community Foundation, The Resistance Northridge-indivisible, The Santa Monica Democratic Club, Thrive, the Alliance of Nonprofits for San Mateo County, Voices for Progress, Young Women’s Freedom Center

Registered Support for AB 1248:

Asian Americans Advancing Justice-Southern California, California Common Cause, League of Women Voters of California, AAPIs for Civic Empowerment Education Fund, ACLU California Action, AFSCME, Alameda County Coalition for Fair Redistricting, Alliance San Diego, Asian Americans Advancing Justice – Asian Law Caucus, Asian Americans Advancing Justice-Southern California, California Environmental Voters (formerly CLCV), Central Coast Alliance United for A Sustainable Economy, Community Health Councils, Courage California, Dolores Huerta Foundation, Ella Baker Center for Human Rights, Indivisible CA Statestrong, Initiate Justice, Initiate Justice Action, Inland Empire Immigrant Youth Collective, Inland Empire United, Inland Equity Partnership, OC Action, San Francisco Rising, Santa Monica Democratic Club, The Resistance Northridge-Indivisible

About Common Cause

Common Cause is a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy. We work to create open, honest, and accountable government that serves the public interest; promote equal rights, opportunity, and representation for all; and empower all people to make their voices heard in the political process.

 

Contra Costans get tax return deadline extension until October 16

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Due to impact of winter storms; includes quarterly tax payments

The Internal Revenue Service announced on Feb. 24, 2023, that California storm victims, including Contra Costa County residents and businesses, now have until October 16, 2023, to file various federal individual and business tax returns and make tax payments. The deadline was previously extended to May 15 on January 10 and didn’t include Contra Costa. But that changed the following day. Then on Thursday, Gov. Gavin Newsom announced state tax returns will also not be due until Oct. 16, as well.

The IRS is offering relief to any area designated by the Federal Emergency Management Agency (FEMA). This means that individuals and households that reside or have a business in Alameda, Colusa, Contra Costa County qualify for tax relief. The current list of eligible localities is always available on the Tax Relief in Disaster Situations page on IRS.gov.

The tax relief postpones various tax filing and payment deadlines that occurred starting on January 8, 2023. As a result, affected individuals and businesses will have until Oct. 16, 2023, to file returns and pay any taxes that were originally due during this period.

This includes 2022 individual income tax returns due on April 18, as well as various 2022 business returns normally due on March 15 and April 18. Among other things, this means that eligible taxpayers will have until Oct. 16 to make 2022 contributions to their IRAs and health savings accounts.

The Disaster Assistance and Emergency Relief for Individuals and Businesses page has details on other returns, payments and tax-related actions qualifying for the additional time.

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in the disaster area. Therefore, taxpayers do not need to contact the agency to get this relief. However, if an affected taxpayer receives a late filing or late payment penalty notice from the IRS that has an original or extended filing, payment or deposit due date falling within the postponement period, the taxpayer should call the number on the notice to have the penalty abated.

In addition, the IRS will work with any taxpayer who lives outside the disaster area but whose records necessary to meet a deadline occurring during the postponement period are located in the affected area. Taxpayers qualifying for relief who live outside the disaster area need to contact the IRS at 866-562-5227. This also includes workers assisting the relief activities who are affiliated with a recognized government or philanthropic organization.

Individuals and businesses in a federally declared disaster area who suffered uninsured or unreimbursed disaster-related losses can choose to claim them on either the return for the year the loss occurred (in this instance, the 2023 return normally filed next year), or the return for the prior year (2022, normally filed this tax season). Be sure to write the FEMA declaration number – 3591-EM − on any return claiming a loss. See Publication 547 for details.

The tax relief is part of a coordinated federal response to the damage caused by these storms and is based on local damage assessments by FEMA. For information on disaster recovery, visit disasterassistance.gov.

California Extension Matches IRS

In addition, California is extending the tax filing deadline for Californians impacted by December and January winter storms to October 16, 2023 – aligning with the IRS

In addition to tax relief measures that Governor Gavin Newsom announced in January, California is also extending the state tax filing and payment due dates to October 16, 2023 for Californians impacted by the winter storms in December and January. This aligns California with the Biden Administration, which announced that the IRS extended various due dates until October 16, as well.

“As communities across the state continue recovering from the damage caused by the winter storms, California is working swiftly to help recovering Californians get back on their feet,” said Governor Newsom. “The state is aligning with the Biden Administration and extending the tax filing deadline in addition to the tax relief announced earlier this year.”

Last month, Governor Newsom announced tax relief for those impacted by winter storms, giving people the ability to claim a deduction for disaster loss and extending certain filing deadlines.

The following counties are eligible for this extended tax relief, per the IRS announcements here and here:

Residents and businesses in Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kings, Lake, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Mono, Monterey, Napa, Nevada, Orange, Placer, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo, and Yuba counties who have been affected by severe winter storms, flooding, landslides, and mudslides are eligible for tax relief.

TAX EXTENSION

To help alleviate some of the hardship many have endured during this trying period, the FTB has extended the filing and payment deadlines for individuals and businesses in California until October 16, 2023.

This relief applies to deadlines falling on or after January 8, 2023, and before October 16, 2023, including the 2022 individual income tax returns due on April 18 and the quarterly estimated tax payments, typically due on January 17, 2023 and April 18, 2023. Those payments were previously extended to May 15, 2023 for those impacted by winter storms.

The IRS announced tax relief for Californians affected by these winter storms. Taxpayers affected by these storms qualify for an extension to October 16, 2023 to file individual and business tax returns and make certain tax payments. This includes:

  • Individuals whose tax returns and payments are due on April 18, 2023.
  • Quarterly estimated tax payments due January 17, 2023, April 18, 2023, June 15, 2023, and September 15, 2023.
  • Business entities whose tax returns are normally due on March 15 and April 18.
  • PTE Elective Tax payments due on June 15, 2023.

CLAIMING DISASTER LOSSES

Taxpayers affected by a presidentially declared disaster may claim a deduction for a disaster loss. Taxpayers may claim a disaster loss when filing either an original or amended tax year 2022 tax return.

When filing their return, taxpayers should write the name of the disaster in blue or black ink at the top of their tax return to alert FTB. If filing electronically, taxpayers should follow the software instructions to enter disaster information. If a taxpayer receives a late filing or payment penalty notice related to the postponement period, they should call the number on the notice to have the penalty abated.

Additional information and instructions are available in FTB Publication 1034, 2022 Disaster Loss: How to Claim a State Tax Deduction.

Disaster victims can receive free copies of their state returns to replace those lost or damaged. To do so, they should use form FTB 3516 and write the name of the disaster in blue or black ink at the top of the request.

For a complete list of all disasters declared in California, see the chart on FTB’s disaster loss webpage.

 

 

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

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

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

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

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

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

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

A copy of the settlement is available here.

Governor Newsom announces Water Supply Strategy for a hotter, drier California in Antioch on Thursday

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With local and state officials joining him, Gov. Newsom speaks during a press conference at the site of the Antioch Brackish Water Desalination project to announce his Water Supply Strategy on Thursday, August 11, 2022. Photos by Allen D. Payton

Outlines actions needed now to invest in new sources, transform water management

Without action, state officials believe California’s water supply could diminish by up to 10% by 2040

Introduces former L.A. Mayor Villaraigosa as state’s new infrastructure czar

Antonio Villaraigosa was introduced by the governor as the state’s new infrastructure czar.

ANTIOCH – Hotter and drier weather conditions could reduce California’s water supply by up to 10% by the year 2040. To replace and replenish what we will lose to thirstier soils, vegetation, and the atmosphere, Governor Gavin Newsom on Thursday announced in California’s latest actions to increase water supply and adapt to more extreme weather patterns caused by climate change. Click here to read California’s Water Supply Strategy.

Thursday’s announcement at Antioch’s $110 million Brackish Water Desalination project follows $8 billion in state investments over the last two years to help store, recycle, de-salt and conserve the water it will need, generating enough water in the future for more than 8.4 million households by 2040.

The actions, outlined in a strategy document published by the Administration called “California’s Water Supply Strategy, Adapting to a Hotter, Drier Future” calls for investing in new sources of water supply, accelerating projects and modernizing how the state manages water through new technology.

This approach to California’s water supply management recognizes the latest science that indicates the American West is experiencing extreme, sustained drought conditions caused by hotter, drier weather. The warming climate means that a greater share of the rain and snowfall California receives will be absorbed by dry soils, consumed by thirsty plants, and evaporated into the air. This leaves less water to meet the state’s needs.

“The best science tells us that we need to act now to adapt to California’s water future. Extreme weather is a permanent fixture here in the American West and California will adapt to this new reality,” Newsom said. “California is launching an aggressive plan to rebuild the way we source, store and deliver water so our kids and grandkids can continue to call California home in this hotter, drier climate.”

To help make up for the water supplies California could lose over the next two decades, the strategy prioritizes actions to capture, recycle, de-salt and conserve more water. These actions include:

  • Creating storage space for up to 4 million acre-feet of water, which will allow us to capitalize on big storms when they do occur and store water for dry periods
  • Recycling and reusing at least 800,000 acre-feet of water per year by 2030, enabling better and safer use of wastewater currently discharged to the ocean.
  • Freeing up 500,000 acre-feet of water through more efficient water use and conservation, helping make up for water lost due to climate change.
  • Making new water available for use by capturing stormwater and desalinating ocean water and salty water in groundwater basins, diversifying supplies and making the most of high flows during storm events.

These actions are identified broadly in the Newsom Administration’s Water Resilience Portfolio – the state’s master plan for water released in 2020 – but they will be expedited given the urgency of climate-driven changes. To advance the infrastructure and policies needed to adapt, the strategy enlists the help of the Legislature to streamline processes so projects can be planned, permitted and built more quickly, while protecting the environment.

Over the last three years, at the urging of the governor, state leaders have earmarked more than $8 billion to modernize water infrastructure and management. The historic three-year, $5.2 billion investment in California water systems enacted in 2021-22 has enabled emergency drought response, improved water conservation to stretch water supplies, and enabled scores of local drought resilience projects. The 2022-23 budget includes an additional $2.8 billion for drought relief to hard-hit communities, water conservation, environmental protection for fish and wildlife and long-term drought resilience projects.

Newsom also introduced former Los Angeles Mayor and Speaker of the Assembly Antonio Villaraigosa as the state’s new infrastructure czar.

“With this influx of federal dollars, we have an incredible opportunity to rebuild California while creating quality jobs, modernizing crucial infrastructure and accelerating our clean transportation progress, benefiting communities up and down the state,” Newsom said. “Antonio has the extensive experience and relationships to deliver on this promise and bring together the many partners who will be key to our success. I look forward to his collaboration with the administration as we build up communities across California.”

Antioch’s $110 million Brackish Water Desalination plant project is currently under construction.

Construction on Antioch’s desalination plant is expected to be completed next year, city Public Works Director John Samuelson shared following the governor’s press conference.