Contra Costa Health (CCH) seeks input from county residents about whether they use the Community Warning System (CWS), how well it works, and if more notification options would improve it.

The CWS is an all-hazards community notification system that alerts residents about emergencies affecting public health or safety, including those from refineries and large chemical manufacturing facilities in Contra Costa County.

CCH’s online survey, available on the CWS page at cchealth.org, seeks information about community familiarity with the tool, whether polled residents subscribe, and opinions about the service.

The CWS sends free phone calls, texts and emails to anyone who signs up at cwsalerts.com. Users have subscription options, including whether to receive alerts only from certain areas of Contra Costa County, or only about certain facilities.

The survey, conducted at the direction of the Industrial Safety Ordinance / Community Warning System Ad Hoc Committee of the Contra Costa Board of Supervisors, also asks if residents would like notifications about nearby industrial incidents that are not deemed emergencies.

The CWS was designed for emergency use, and so when a facility reports an unexpected release – such as flaring, odors, smoke, noises, or fires – CWS only sends an alert to its subscribers if the incident is likely to affect health in the surrounding community, in the estimation of the facility, or the emergency responders from CCH or the fire department who are investigating.

For details about the CWS and its response levels, visit the CWS page at cchealth.org.

The county’s Hazardous Materials Incident Notification Policy requires specified facilities, including all the county’s refineries, to immediately report to the CWS whenever there is a release or threatened release of hazardous material, as well as flaring events.

Most of these are “Level 1” incidents – received and investigated by CCH’s Hazardous Materials Response Team, but not subject to a community alert. CWS has received 227 reported Level 1 alerts so far in 2023 from industrial facilities.

Since 2022, an automated feed has displayed all active Level 1 alerts that have lasted longer than 20 minutes and are seen, heard or associated with offsite odors, at cchealth.org/hazmat.

The survey asks whether CWS subscribers should have the option to directly receive additional alerts via phone, text or email as they happen, even for incidents that may not threaten the community.

The survey is planned to continue through January 12, 2024, and CCH share the results publicly and with the Ad Hoc Committee.

Katherine Piccinini challenges Mark DeSaulnier in District 10

Katherine Piccinini, a long time Oakley resident, has successfully filed to run for Congress in District 10. The district includes portions of Antioch.

As a mother of four and grandmother of five, she previously ran in 2022 as a write-in candidate for this position when contacted by some in the 11th hour to run. Piccinini secured 1,638 votes in a 20-day campaign—a record for Congressional Republican write-in votes since 2012, enough to get her name on the General election ballot.

Over the past four years, she has served as the President of East Contra Costa Republican Women and President and a founding member of Eastern Contra Costa Republican Assembly. Additionally, she has been a Central Committee Member for Contra Costa and Alameda Counties and a GOP Delegate.

Remaining true to her commitment to truth and transparency, Piccinini, coming from a law enforcement family, pledges to prioritize the protection of police, fire, and military. Her main concerns include the safety and security of children, families, parental rights, and borders. She criticizes the educational system as “indoctrination, not education,” and her motto is “Putting the People First.”

Passionate about the nation’s direction, she fears losing America if it continues down the path it is going and is determined to do her best to prevent this.  Piccinini emphasizes there needs to be accountability and transparency to the citizens, expressing a lack of belief in current leaders’  following through on this.

Her agenda focuses on the needs of the people of Contra Costa and Alameda Counties, with a

dedication to representing their interests in Washington.

She believes we deserve clean air, pure water, safe food, freedom of speech and balanced budgets for citizens.  She vows to stand for freedom, truth, and the flag.  She will not stand for tyranny, injustice, and lawlessness. With corruption at the highest levels in government and political parties, she invites others to join her in reclaiming the freedoms that are being taken from them and securing a future and hope for their children and grandchildren.

As a community advocate, Piccinini asserts that putting the people first involves prioritizing infants, children, law enforcement, workers, veterans and farmers. She advocates for rewriting  laws to address those that perpetrate their crimes on society, businesses and the gender mutilation of children.

Katherine Piccinini pledges to be your voice in Congress, ensuring your trust to carry forth your message to Washington D.C.  She is interested in hearing from you and what your issues are. 

Piccinini believes that together we can stand as communities dedicated to Putting People First.

Please contact Katherine Piccinini and share these thoughts with her. For more information visit piccinini4congress.com.

Rare volcanic habitat in the Dark Canyon part of Marsh Creek

SMD must raise $1.5 million within 12 months.

By Laura Kindsvater, Senior Communications Manager, Save Mount Diablo

Just in time for the holidays, Save Mount Diablo (SMD) has optioned the 98-acre Ginochio Schwendel Ranch on Marsh Creek Road between Clayton and Brentwood. The $30,000 option payment holds the property for 12 months while Save Mount Diablo raises almost $1.5 million for acquisition and other project expenses.

It’s the first property Save Mount Diablo is purchasing directly from Contra Costa County’s Ginochio cattle ranching family, which owns nearly 7,000 acres on and around Mount Diablo. The property includes extremely rare dacite volcanic habitat along Marsh Creek’s Dark Canyon section. The Ginochio Schwendel Ranch is the fifth acquisition project Save Mount Diablo has participated in this year. Save Mount Diablo expects to close escrow on its Krane Pond property next week on December 20th.

Save Mount Diablo’s Executive Director, Ted Clement, stated, “We are so thankful for our Save Mount Diablo team, including our amazing supporters, and the Ginochio family who together have enabled us to enjoy so much success this year in advancing our time-sensitive land conservation mission, even in the waning days of 2023. This is the first time Save Mount Diablo has bought a property directly from the Ginochio family, the most important landowning family in Contra Costa County. The Ginochios own several high priority properties on the slopes of the mountain. They’ve been amazing stewards of their land for generations. The Ginochio Schwendel Ranch will expand our abutting Marsh Creek 5 preserve. They both share very unusual volcanic geology and are in the high priority Marsh Creek wildlife corridor. If we don’t protect the Ginochio Schwendel Ranch, the property will eventually be divided up and developed, causing its special conservation values to be lost. We’re going to need help from our generous donors and agency partners to fund this project in the next 12 months.”

The Ginochio Family

The Ginochio family arrived in Contra Costa in 1867 and settled in Concord and the coal mining town of Nortonville, and then diversified into ranching. Over 156 years, they created and have stewarded the biggest cattle ranching operation in the county.

The Ginochios own nearly 7,000 acres, including the most important ranches remaining west, north, and east of Mount Diablo. Much of the land is in the Marsh Creek watershed, like the Ginochio Schwendel Ranch. But each generation has more family members, and over time, ranching has become more difficult.

Historically when the family has sold property, they’ve used the funds to buy more agricultural land. When another of their properties was condemned after World War II, the Ginochios bought the Schwendel Ranch. They will continue to own 665 acres north of Marsh Creek Road.

According to John Ginochio, a member of the ranching family, “I’m pleased to make this deal with Save Mount Diablo. When you think of influence, people often think about big environmental groups. Personally, I think Save Mount Diablo is the most influential environmental organization in our area. I’ve worked cooperatively with them for over 50 years. They’re financially sound and have the funds to make solid deals and the integrity to go with it. We graze cattle on a number of SMD properties. I’m happy to see this part of the Ginochio Schwendel Ranch go to Save Mount Diablo because they have always been a good neighbor.”

Added Ginochio, “This parcel south of Marsh Creek Road hasn’t been especially useful for cattle grazing but it’s always been interesting because of its unusual pink soil. I learned more about its volcanic character from Save Mount Diablo as they sponsored research on their neighboring property. I’m really happy we can help expand the protected volcanic habitat instead of more houses.”

The 98-acre Ginochio Schwendel Ranch would expand on Save Mount Diablo’s adjacent 7.4-acre Marsh Creek 5 preserve, an unusual volcanic dome. Marsh Creek 5 was protected in 2011. That same year and one parcel away, Save Mount Diablo also protected a similar volcanic dome, its 5.7-acre Marsh Creek 6 preserve, where the organization demolished a house overlooking the canyon and restored habitat.

According to Seth Adams, Save Mount Diablo’s Land Conservation Director, “The Ginochio Schwendel Ranch is part of the east-west Marsh Creek riparian, road, and trail corridor, and near the western end of the Dark Canyon section of the riparian corridor. Solid blue oak and live oak woodland, it is part of the wooded habitat corridor from Black Diamond Mines through Clayton Ranch south to Morgan Territory Regional Preserve and Mount Diablo State Park. Steep wooded slopes rise from Marsh Creek Road to flatter meadows, then climb higher in one direction, while dropping into a canyon in another. I consider John Ginochio a good friend and I hope this is just the first conservation project with the family.”

Ginochio Schwendel Ranch is a beautiful wooded 98-acre property, most of a steep volcanic knoll rising from 530 feet to 1,140 feet—with dramatic views. The property is quite visible from a variety of protected lands and from both directions of Marsh Creek Road. Development of the property would degrade the visual value of the road corridor, a Contra Costa County General Plan–designated “Scenic Route.” The most likely development threat is minor subdivision and ongoing fragmentation to more houses over time. Development would destroy the habitat, wells would damage the unusual hydrology, and roads and pads would require removal of many trees. Dark Canyon is a critical fire danger area, and part of the property burned several years ago.

Save Mount Diablo and our partners have protected more than 15 miles of the 33-mile Marsh Creek riparian corridor. Marsh Creek is the second longest, least-disturbed creek in Contra Costa County. The creek is across the road in this case, but the overall corridor and this upland habitat are very rich.

As with our neighboring Marsh Creek 5 preserve, we know the property supports listed species such as Alameda whipsnake and California red-legged frog, along with a whole suite of rare or unusual plants such as endemic Contra Costa manzanita and Mount Diablo fairy lantern, western hop tree, and Hartweg’s umbrellawort. An on-site fire road accesses the property and will allow much better access to our neighboring Marsh Creek 5 preserve. In the future, we hope the property will help with the creation of a section of the Clayton to Round Valley Marsh Creek Trail.

The Ginochio Schwendel Ranch is the fifth acquisition project Save Mount Diablo has participated in this year. After a successful community-based public fundraising campaign this fall, Save Mount Diablo expects to close escrow on its 6.69-acre Krane Pond property next week. Save Mount Diablo recently made its eighth installment payment on the 87-acre North Peak Ranch. In August, Save Mount Diablo purchased the critical 10-acre Balcerzak inholding within Mount Diablo State Park, situated in Curry Canyon, including the most remote house on Mount Diablo, in just a few weeks. And in April, the East Bay Regional Park District closed escrow on the $11.2 million 768-acre Finley Road Ranch property with Save Mount Diablo’s assistance, providing a location for a new regional staging area for Riggs Canyon and Morgan Territory Regional Preserve.

The Schwendels

We’re just getting to know the history of the property. The Schwendel Ranch was originally pieced together from homesteads and holdings by the heirs of railroad interests. One owner was Joseph or “Josef” Schwendel, a well-known Austrian musician who played the violin or cornet until his death in 1930. He was the organizer of the Clayton Silver Cornet Band in the 1870s. Frank Schwendel was born about 1883. Sometime during that period, Frank Schwendel took ownership of part of the land. Apparently, Mary Berendsen owned another part in 1927. When her husband died, she married Frank. They were still living in the area in 1940 when he was 57 and she was 63, and he still owned the land in 1946 when he granted an easement to PG&E. Schwendel children married members of the Frank family, who arrived in Clayton in the 1870s, and the Cakebread family. The Ginochio family bought their part of the Schwendel Ranch after World War II.

“Anna (Berendsen) Berkheimer has lived in Brentwood since 1981, but Clayton will always be her home. Berkheimer was born in Clayton . . . in a building that is known as the Clayton Club, a country and western bar,” according to the Clayton Historical Society and reprinted from an article that ran in the Brentwood News on August 13, 1987. “’Before Prohibition my father ran the saloon and mother took care of the dining room.’. . . ”Berkheimer was the daughter of Carl Berendsen, who emigrated to the United States from Denmark at the age of 17. Her mother’s parents were also from Denmark. . . . In 1926 her father drowned in Marsh Creek after driving his vehicle off the bridge and her mother subsequently married Frank Schwendel, who was born and raised in the Marsh Creek area. Schwendel owned 1,200 acres between Brentwood and Clayton and Berkheimer assisted with many of the chores on the ranch. ‘I learned how to milk cows, drive a tractor, and quite a few other things, but I really enjoyed it even though it was hard work,’ she said.”

Why Does the Ginochio Schwendel Ranch’s Geology Matter?

Complex geology = complex soils = rich botany. As rocks break down, soils are formed, and when the geology is complex, so are the soils. Because they’re high in some minerals, chemicals, and trace elements, and deficient in others, rocky soils often exclude some plants and are speciation sites where others evolve into new forms. These volcanic dacite intrusions are high silica and break down into sands that hold water and support a different plant community and rare plant species, often with springs on their slopes or base. Their vegetation is brighter green and lusher than surrounding areas, often dense with trees or poison oak.

A dozen volcanic, mostly dacitic intrusions have been mapped along Marsh Creek at the northeast corner of Mount Diablo State Park. In 2011, Save Mount Diablo protected 7.4-acre Marsh Creek 5, including one volcanic dome and then later that year a similar dome, 5.7-acre Marsh Creek 6. Another volcanic dome is found in Mount Diablo State Park at Perkins Canyon, which is easily accessible. Marsh Creek 5 and Marsh Creek 6 are two volcanic exposures on either side of the Marsh Creek Springs resort. These properties form a volcanic habitat found nowhere else in central or eastern Contra Costa County. The 98-acre Ginochio Schwendel Ranch is part of this same volcanic area.

There’s not as much igneous rock in Contra Costa County as in the North Bay, but it’s not all that unusual, especially on Mount Diablo. The most common igneous rocks on Mount Diablo are old ocean crust formed deep out at sea. These rocks included parts of Diablo’s main peaks. Also, present are pillow basalts formed at underwater eruptions along a mid-ocean ridge. These pieces of igneous rock were carried to North America and added to the continent by the movement of tectonic plates.

In the Oakland hills, more recent volcanoes erupted and spread lava and ash locally years ago. And in various places around Contra Costa County, ash from eruptions farther away are consolidated as “tuff” beds. The pink Lawlor Tuff is an age marker around Diablo, laid down on a flat to rolling landscape before the peaks were exposed, and steeply folded as Mount Diablo emerged.

Save Mount Diablo’s Marsh Creek 5 and Marsh Creek 6 properties are different. So is the Ginochio Schwendel Ranch.

We began studying the geology of the volcanic deposits after we acquired these Marsh Creek properties and sponsoring research into their origin in grants in 2018 and 2019 from our Mary Bowerman Science and Research program. Ultimately a chapter was included, “Neogene volcanism on the eastside of Mount Diablo, Contra Costa County, California” with findings in a new geology book, Regional Geology of Mount Diablo, California in 2021.

“Neogene volcanic rocks are located to the east and north of Mount Diablo, near the eastern boundary of the San Andreas fault system . . . probably associated with the northward migration of the Mendocino Triple Junction along the western plate boundary in California . . . This event produced a series of volcanic centers along the plate boundary . . . referred to as the Coast Range Volcanic Suite.”  

These spots are of high silica, much younger igneous rock visible in mound- or dome-like surface exposures, within a four-mile northwest-southeast band, a mile and a half wide. They’re strangely steep because they resist erosion and look like mushroom caps, compared to more erosive sedimentary Great Valley Group geology nearby. Marsh Creek threads through them near the intersection of Morgan Territory and Marsh Creek roads. The volcanic intrusions are also one of the most limited habitats in the East Bay, retain water more than surrounding areas, and are often associated with springs and rare plants. The Ginochio Schwendel Ranch includes part of the biggest mapped exposure of these dacite intrusions.

The rare geology and plant habitat on the Ginochio Schwendel Ranch is just one more thing that makes Mount Diablo special.

About Save Mount Diablo

Save Mount Diablo is a nationally accredited, nonprofit land trust founded in 1971 with a mission to preserve Mount Diablo’s peaks, surrounding foothills, watersheds, and connection to the Diablo Rangethrough land acquisition and preservation strategies designed to protect the mountain’s natural beauty, biological diversity, and historic and agricultural heritage; enhance our area’s quality of life; and provide educational and recreational opportunities consistent with protection of natural resources. To learn more, please visit www.savemountdiablo.org.

No Party Preference (Nonpartisan, independent) voters, are receiving the No Party Preference “Cross-Over” Notice and Application in the mail. No Party Preference (NPP) voters are voters who are registered without a qualified political party and will be allowed to vote on one of three party ballots:  American Independent Party, Democratic Party, or Libertarian Party. The cross-over notice will list options to participate in the March 5, 2024, Presidential Primary Election.

The March 5, 2024 Presidential Primary includes a partisan presidential contest, in which parties will vote to nominate their candidate to run in the November 2024 General Election. In addition to the partisan presidential contest, each ballot, regardless of voter’s party, will also include U.S. Senate, Congressional, state legislative, and local contests that are open to all voters. The Registrars of Voters from the Bay Area Elections Coalition issue a joint message: “While it is important to take action to vote each election, it is particularly important during a Presidential Primary. All voters should take action and check their voter information (address and party) before the election. In addition, No Party Preference voters, or those who are registered without a qualified political party, will also have to act to either cross-over to a party ballot, re-register if the party does not allow cross-over voting, or decide to vote the nonpartisan ballot without a presidential contest.”

This will be the first election in California in which party or No Party Preference ballots will be sent to every registered voter. Voters are encouraged to check their voter registration status to ensure the party affiliation or nonpartisan status so that they will receive the correct party ballot when Vote by Mail ballots are sent out on February 5th. Voters can do so by going to https://registertovote.ca.gov/ and clicking on “check your registration status.”

No Party Preference voters have options to participate in the presidential primary:

Option 1. Request a cross-over ballot for one of the following: American Independent Party, Democratic Party, or Libertarian Party. These parties allow NPP voters to cross-over without changing their party.

Option 2. Re-register with a political party if you want to vote on the presidential contest for the Green Party, Peace and Freedom Party, or Republican Party. These parties do not accept cross-over voters.

Option 3. Take no action. The ballot you receive will not include a presidential contest but will include all other applicable contests.

For more information, contact the Contra Costa County Registrar’s office at (925) 335-7800.

Dan Mierzwa will replace Russell Watts who is retiring Dec. 31

By Kristi Jourdan, PIO, Contra Costa County

On Tuesday, Dec. 12, 2023, the Contra Costa County Board of Supervisors appointed Dan Mierzwa as the next Treasurer-Tax Collector effective Jan. 1, 2024.

Mierzwa’s appointment follows the announcement of Russell Watts’ retirement in December. He is currently Yuba County’s Treasurer & Tax Collector and must submit proof of residency and voter registration in Contra Costa County before he assumes the office.

Mierzwa holds a Bachelor of Arts in Economics with Finance and Business Administration minors from the University of Puget Sound in Tacoma, Wash. He also holds a Certified California Municipal Treasurer certification.

“I’m honored by the opportunity to help during this transition in leadership and am committed to maintaining the levels of transparency and accountability with sound financial practices that serve the best interests of the public,” Mierzwa said. “We will also continue improving our online payment and business license application services and explore ways to save and recover costs to deliver our services.”

The Treasurer-Tax Collector’s Office acts as the bank for the County, providing financial services to County departments, schools, and special districts and managing more than $4.9 billion in the County’s investment pool. The office also collects various taxes – including business taxes from those operating in the unincorporated areas, and property taxes. While the Treasurer-Tax Collector mostly provides services to the County and taxing districts, the office also invests public funds and collects business related taxes, namely business licenses and transient occupancy taxes, as well as short-term rental and cannabis taxes.

“The Treasurer-Tax Collector’s Office holds a key position of trust in the financial affairs of local government,” said Board Chair District I Supervisor John Gioia. “Dan’s experience and knowledge of both the treasury and tax collection functions will continue the County’s efforts to protect, invest, and disburse funds in a prudent and safe manner.”

The current term for the elected office expires on Jan. 4, 2027. Government Code section 25304 requires that the Board of Supervisors appoint someone to fill the vacancy for the remainder of the term. The annual salary for the position is $254,901.24.

Watts, who is leaving office to spend more time with family, has served as the elected-Treasurer-Tax Collector for 13 years.

OAKLAND, Calif.  – SEIU-United Healthcare Workers West President Dave Regan issued the following statement on California’s healthcare worker minimum wage law (SB 525):

“California’s healthcare worker minimum wage law (SB 525) addresses critical staffing shortages by helping to retain existing healthcare workers and attract new caregivers to the industry. The state needs to hold fast to its commitment to invest in its healthcare workers and solve the staffing crisis in our hospitals, clinics, and medical centers. 

Passed overwhelmingly by the state legislature and signed by the Governor, the bill had backing from across the healthcare industry, including the California Hospital Association and frontline healthcare workers.

The impact of the new healthcare minimum wage on the state budget has been severely overstated. As part of a compromise among healthcare stakeholders, the minimum wage will be gradually phased in over the next few years. In addition, a UC Berkeley Labor Center report states that the impact on the California budget will be partially or fully offset by low-paid workers no longer relying on Medi-Cal for their healthcare coverage.

With billions in profits, the healthcare industry has the financial resources to raise wages for their lowest-paid workers. Even before Governor Newsom signed the healthcare worker minimum wage into law, many healthcare employers had already implemented or incorporated a path to a $25/hr minimum wage for their workforce, including Stanford Healthcare, Fresenius Medical Care, Satellite Healthcare, and the biggest healthcare provider in the state, Kaiser Permanente in its largest labor contract. 

Frontline healthcare workers are counting on the state of California not to waver from its commitment to addressing the patient care crisis and supporting those who provide that care.”

Mount Diablo, CA— California State Parks Foundation today announced that its Mount Diablo Bike Turnout campaign raised $755,090 exceeding its goal of $750,000. California State Parks, California State Parks Foundation, and Mount Diablo Cyclists have partnered to build Phase Two of bike safety turnouts at Mount Diablo State Park.

“State Parks is very appreciative of the community’s enthusiasm around this project,” said Clint Elsholz, Acting District Superintendent of Diablo Range District. “The generosity of so many will accelerate our progress around enhancing safety measures at Mount Diablo State Park.”

For many years, cycling at Mount Diablo State Park has been a popular — but dangerous — activity. From 2010 to 2014, there was an average of 23 car and bike collisions per year. According to California State Park officials, this also frequently resulted in road rage showdowns between drivers and riders.

Bike turnouts allow bicyclists, who move at slower speeds as they pedal uphill, to pull out of the main traffic lane into their own lane so that vehicles can pass safely. After the first turnouts were created, collisions dropped to three accidents in two years, and road rage significantly diminished.  

With the completion of 30 bike turnouts in 2022, there are now 45 total at Mount Diablo State Park. 

This project was inspired by the memory of Joe Shami who was a passionate advocate for increasing safety for bicyclists and cars at Mount Diablo State Park. Known by locals as “The Legend of Mount Diablo,” Joe’s passion for Mount Diablo State Park and cycling was exemplified by over a decade of weekly trips up the mountain well into his 80s. 

“Tragically, Joe was struck and killed by a vehicle while riding his bicycle in Lafayette,” said Randy Widera, Director of Programs of the California State Parks Foundation. “Although he is not with us today, Joe left a special gift in his will of $123,415.61 to California State Parks Foundation to fund additional bike turnouts on Mount Diablo.” 

In an incredible show of dedication to this work, California State Parks allocated the same amount as Joe’s gift with an additional $123,415.61 from the department’s annual roads allocation funding. Taking this initial funding as a challenge, a passionate group of volunteers comprised of Alan Kalin, Mark Dedon, and Ted Trambley spent the past four months doing outreach in the park and at Peet’s Coffee in Danville with locals, cyclists, and visitors.

“We absolutely enjoyed all our time and effort meeting and speaking with the thousands of motorists and cyclists,” said Alan Kalin. “The vast majority of folks understood the critical importance that bike turnouts could make, how they help prevent collisions and save lives.”

Through their efforts and with the support of California State Parks Foundation, they inspired over 300 individuals, organizations, and companies to donate an additional $508,259.26 lifting the campaign to a total of $755,090.48 raised. 

Currently, Phase Two of the Mount Diablo Bike Turnout project is anticipated to break ground in late spring of 2024. For more information on this project, please contact Randy Widera, Director of Programs, California State Parks Foundation at randy@calparks.org. 

To learn more about this project, please watch this short video. Please see here for a map of existing and future bike turnout areas and photos of Mount Diablo. 

California State Parks Foundation, an independent, member-supported nonprofit with over 50 years of history, is dedicated to protecting and preserving the California state park system for the benefit of all. We work in parks and in Sacramento with partners, park staff, and policymakers to address the challenges parks face. To make real and lasting change we are working to build a movement of people who enjoy and advocate for their parks now, and for future generations. Learn more at www.calparks.org, or find California State Parks Foundation on Facebook, or Instagram and Twitter (@calparks).

California State Parks provides for the health, inspiration and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high quality outdoor recreation. 

Mount Diablo Cyclists’ mission is to improve the safety for Cyclists, Motorists, and Pedestrians on the Roads of Mount Diablo.

About Mount Diablo State Park

Located in the San Francisco Bay Area to the east of Walnut Creek, people have been drawn for generations to Mount Diablo for its spectacular views from the summit which extend over 100 miles in all directions on a clear day. Visitors have been attracted by the complex geology that has created amazing rock formations such as the “wind caves” at Rock City, and by the mountain’s variety of habitats which are home to over 600 species of plants and an amazing array of wildlife such as butterflies, bats and birds of prey, tarantulas, bobcats, lizards, snakes and deer.

In 2021 Mount Diablo celebrated its 100th year as a State Park. Though 100 years is a long history as a park, the importance of Mount Diablo was recognized long before that. For thousands of years Native Americans were the caretakers of this land. Many groups considered and treated the mountain as a sacred place and continue to do so today.

Since becoming a park in 1921, Mount Diablo has been protected as a natural area, and over the past 100 years the park has grown from only a few hundred acres to over 20,000 acres. Today it is a destination for those who would like to view wildlife and wildflowers, experience beautiful views, hike, camp, picnic, run, cycle, climb, ride horses, or gaze at the stars.

Benefiting 4 million small businesses

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

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

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

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

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

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

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

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

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

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

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

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

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

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