Contra Costa Herald

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

Contra Costa DA files charges of misdemeanor Vehicular Manslaughter for death of Lafayette cyclist

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Joe Shami with his bicycle at the Mt. Diablo summit. Source: MountDiabloCyclists.org

Victim was known as the “Legend of Mount Diablo” for his 600 rides to the top of the peak

By Bobbi Mauler, Executive Assistant to the District Attorney, Contra Costa County

The Contra Costa District Attorney’s Office has charged Lori Everett with a misdemeanor Vehicular Manslaughter in violation of Penal Code section 192(c)(2), for striking cyclist Joseph Shami with her vehicle in Lafayette on April 13, 2021, shortly before 7:00 AM.

Shami was an incredibly experienced cyclist who lawfully entered the roundabout at the interchange of Olympic Boulevard and Pleasant Hill Road. Despite Shami’s bright helmet and colorful clothing, the motorist failed to yield, and struck the victim cyclist who was in an established lane of travel.

According to Lafayette Police news release reported previously, “a nurse and a doctor from John Muir Medical Center and a firefighter from the San Ramon Valley Fire Protection District, who happened to pass by, immediately began to render aid to the bicyclist. Officers arrived on scene along with the fire department which took over medical care for the victim. The bicyclist was transported to a local hospital where he succumbed to his injuries and died overnight.” (See related article)

Shami, a retired AT&T engineer, was known as the “Legend of Mount Diablo” for riding to the top of the East Bay’s tallest peak for 600 straight weeks, according to the San Francisco Chronicle. He completed his 11-year, 28-week streak in 2019 at the age of 85. Shami was a member of the Mount Diablo Cyclists.

Tragic roadway deaths like this are avoidable. To ensure the safety of our community, the Office of the District Attorney implores motorists to be active, attentive drivers and to be mindful of pedestrians and cyclists when sharing the roadways.

Case information: DKT# 01-197626-5

 

Superior Court upholds City of Lafayette’s approval of 315-unit Terraces apartment project

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The planned Terraces of Lafayette apartment project that will overlook Highway 24. Source: O’Brien Land Company

By Suzanne Iarla, Communications Analyst, City of Lafayette

Terraces of Lafayette rendering. Source: O’Brien Land Company

On Friday, November 12, 2021, the Contra Costa Superior Court upheld the City of Lafayette’s approval of the Terraces of Lafayette project of the O’Brien Land Company. The project would build 315 apartments, including 63 affordable housing units, on a 22-acre parcel at the southwest corner of Deer Hill Road and Pleasant Hill Road. In its ruling, the Court rejected claims by Save Lafayette, a citizens group, and found that the City’s environmental review complied with the California Environmental Quality Act (CEQA) and that the Terraces project was consistent with the City’s General Plan.

The Terraces project has been in process for over ten years — the developer’s application dates back to March 2011.  Since then, the City has worked to address community and regional concerns, including by considering a proposed alternative 44 single-family home project with a community park. The City approved the alternative project in 2015. Save Lafayette initiated the referendum process to overturn that approval in 2018.

After the alternative project was rejected by the voters, the City resumed processing the original Terraces project application. In compliance with the strict requirements of State law, including the Housing Accountability Act, the City approved the Terraces project in August 2020.

Save Lafayette sued in September 2020 to overturn the approval, in an effort to stop the Terraces project on environmental and General Plan consistency issues.  After over a year of litigation, the Superior Court rejected Save Lafayette’s claims and affirmed that the City’s CEQA review and approval of the Project complied with the law. The Court’s ruling will become final unless Save Lafayette appeals within 60 days following the notice of entry of judgment.

Terraces of Lafayette Site Plan updated 2-11-20. Source: O’Brien Land Company.

Developer Calls Court Decision “Major Victory”

The developer issued their own press release announcing last Friday court’s decision:

In a major victory for housing rights, the Contra Costa Superior Court on Friday, Nov. 12 issued a ruling rejecting in full Save Lafayette’s lawsuit challenging the Terraces of Lafayette, a 315-unit apartment community by O’Brien Land Company.  After nearly 10 years of processing and 120 public hearings, the Lafayette City Council approved the project by a 4-1 vote in August 2020.

“We have had many local people reach out to us to ask when they can rent an apartment at the Terraces,” said Dennis O’Brien of O’Brien Land Company. “The need for this type of housing is apparent, and we look forward to no further delays so we can provide homes for those individuals and families.”

Terraces of Lafayette vicinity map. Source: O’Brien Land Company.

The project site is adjacent to Highway 24 and located one mile from the Lafayette BART station.  The Terraces is considered an affordable housing project under state housing law and will set aside 20%, or 63, of its dwelling units for lower income households.  This will substantially assist Lafayette in meeting its Regional Housing Needs Allocation (RHNA) for the lower income categories assigned to it by long-standing state law.

Despite the project’s robust legal protections under controlling state law, Save Lafayette has been opposing the project for years. The anti-development group also opposed a 44 single-family home compromise project by filing litigation and a ballot referendum that overturned the smaller project.  Once the voters rejected the smaller project, O’Brien and the City of Lafayette resumed processing the apartments.

Terraces of Lafayette clubhouse and pool area rendering.  Source: O’Brien Land Company.

Although the affordable housing development included a full Environmental Impact Report, Save Lafayette’s lawsuit claimed the City’s approval of the project violated the California Environmental Quality Act, a law frequently employed by anti-development groups to challenge new housing.  The lawsuit also claimed the project was not entitled to the protection of the Housing Accountability Act, which shields housing developments from changes in local land use laws after an application is deemed complete.  The Superior Court rejected Save Lafayette’s arguments and agreed that the City complied with the law.

“When people ask why we have a housing crisis in California, they should look no further than this project for answers,” Bay Area Council Senior Vice President Matt Regan emphasized. “Over 10 years of foot dragging, goalpost moving, ballot measures and lawsuits, finally the construction of these much- needed homes can now begin.  This saga highlights the need for more reforms to state law so that good housing projects no longer have to run this sort of gauntlet and can be approved swiftly and fairly.”

For more information on the project, visit www.lovelafayette.org/Terraces.

Allen Payton contributed to this report.

Contractor from Orinda sentenced to two years in federal prison for bribing SF public official over seven years

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Also fined $127,000; defendant bribed former SF DPW Director Mohammed Nuru with money, meals and gifts – including a tractor

“Varela’s conduct with Nuru was business as usual for Varela.”

By U.S. Attorney’s Office for the Northern District of California

SAN FRANCISCO – Alan Varela was sentenced Thursday, Sept. 16, 2021 in federal court to 24 months in prison and ordered to pay a $127,000 fine for a seven-year conspiracy to commit honest services wire fraud by bribing a San Francisco public official, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.  The sentence was handed down by the Honorable William H. Orrick, United States District Judge.

A federal complaint filed September 17, 2020, charged Varela, 60, of Orinda, and William Gilmartin, 61, of San Mateo, with bribery of a public official.  In 1991, Varela founded ProVen Management, a Bay Area civil engineering and construction firm that engaged in large scale infrastructure projects.  Varela and Gilmartin acted as the firm’s president and vice-president, respectively, during the conspiracy time period.  According to the complaint, Varela and Gilmartin provided a stream of benefits to Mohammed Nuru, then the Director of San Francisco’s Department of Public Works (DPW), in exchange for favorable treatment of their business interests, including non-public inside information.

Upon entering his guilty plea to conspiring to commit honest services wire fraud on May 27, 2021, Varela described in his plea agreement his role in the bribery conspiracy of then-DPW Director Nuru.  The bribery’s goal was to use Nuru’s prominence as a powerful San Francisco public official to ensure the success of Varela and his co-conspirators’ business ventures.  Nuru’s position as DPW Director provided him with great influence over San Francisco public contracts, permits, and construction projects, as well as over other City departments and private companies seeking DPW contracts.  In his plea agreement, Varela admitted that for seven years, from 2013 until the day of Nuru’s arrest on federal charges January 27, 2020, he conspired with his co-defendant Gilmartin, with Balmore Hernandez – a construction company CEO who pled guilty earlier and is cooperating with the FBI – and with others to pay bribes to Nuru consisting of cash, free meals and entertainment, equipment for Nuru’s ranch, and the prospect of a cut of future profits from expected City contracts.

Varela’s plea agreement detailed a scheme in which he and his co-conspirators focused on winning a lucrative DPW contract and its related Port of San Francisco lease to operate an asphalt recycling plant and a concrete plant on the Port’s land.  The plea agreement describes that Nuru agreed, in exchange for cash and other valuables, to use his official position to get Varela and his co-conspirators’ proposal selected.  Gilmartin arranged to compensate Nuru by asking an unnamed company to award a $100,000 contract to Hernandez and, in turn, Hernandez used the contract’s proceeds for Nuru.  For his part, Nuru sent early drafts of San Francisco’s Request for Proposals for the project and other inside information to the conspirators to improve their likelihood of being selected.  Nuru also regularly discussed the plans and inside information with Gilmartin and Hernandez over expensive restaurant dinners, always paid for by Gilmartin and ultimately totaling approximately $20,000.

The conspirators’ proposal was selected in September 2015.  According to the plea agreement, Nuru continued to meet with the group to supply additional inside information during the expensive meals paid for by Gilmartin.  At one of their meetings, Nuru requested a tractor for his ranch.  Varela coordinated with Gilmartin and Hernandez to deliver the tractor to Nuru.

Nuru was arrested on federal bribery-related charges on January 27, 2020, before the negotiations to finalize the asphalt recycling plant agreements with DPW and the Port of San Francisco reached completion.

In a filed memorandum addressing Varela’s sentencing, the government argued that Varela’s conduct with Nuru was business as usual for Varela.  The government asserted that Varela, whose business success had gained him a life of luxury including 50 acres in Napa, for years facilitated a casual culture of corruption, a culture that ultimately undermines the public’s faith in their government and the rule of law.  Elaborating on the tractor bribe, the sentencing memorandum points out that the value of the new John Deere tractor, including its attachments, approximated $40,000.  Varela lined up the purchase of the tractor and rushed to get it delivered to Nuru at Nuru’s ranch on February 18, 2019.  The delivery led to Nuru to happily text “Work begins at the ranch” along with a photo of the tractor being unloaded at his ranch. The government, after outlining this and other acts of bribery, submitted a sentence recommendation of 30 months imprisonment.

This case is part of a larger federal investigation targeting public corruption in the City and County of San Francisco.  To date, eleven individuals have been charged, including two high-ranking San Francisco public officials, Mohammed Nuru and Harlan Kelly.  Multiple city contractors and facilitators have been charged.  According to the charges earlier filed against Mohammed Nuru and others, Nuru allegedly took hundreds of thousands of dollars in bribes in cash, meals, and work on his vacation home from contractors who obtained San Francisco public contracts.  Allegations in the complaint filed against Harlan Kelly assert he received thousands of dollars in airfare, meals, jewelry, and travel expenses, along with repair work on his house.

In addition to the prison term and fine, United States District Judge Orrick also sentenced the defendant to a three-year period of supervised release.  Varela will begin serving his sentence on January 2022.

The case is being prosecuted by the Corporate and Securities Fraud section of the U.S. Attorney’s Office. The case is being investigated by the FBI.

 

Lafayette Police investigate fatal collision in front of middle school

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Two struck including a child, other person dies

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Wednesday afternoon at about 2:56 pm, Lafayette police officers were advised of a vehicle versus pedestrian collision in front of Stanley Middle School located at 3455 School Street in Lafayette. 

One person was reported to be trapped under a vehicle. Lafayette police officers, who were assisted by citizens, were able to pull an unresponsive person out from under the vehicle. Officers administered CPR until relieved by fire department personnel. He was later transported to a local hospital where he was pronounced deceased. He is not being identified at this time.

One child, who was also struck by the vehicle, suffered minor injuries. He was taken to a hospital as a precaution.

An investigation is underway. The driver of the vehicle is cooperative and has been interviewed. The driver is not being identified.

Anyone with information on this incident is asked to contact Sgt. C. Jacquez of the Lafayette Police Department at (925) 299-3234 or by email – cjacq@so.cccounty.us.

 

History: Oil in Lafayette’s Happy Valley

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Extensive drilling occurred over a period of years in Happy Valley in order to locate oil. There were five more wells drilled in addition to the ones pictured here. Photos courtesy of Lafayette Historical Society.

Four workmen are to the left on the Edward Flood ranch in 1901. The man seated is Alexander Flood, and the woman is Evelyne Flood Baker, his sister.

By Laura Torkelson

It bubbled up from the ground. Edward and Anne Flood came from near Dublin, Ireland with his mother and eight children. They bought a farm in Happy Valley in 1889. Edward loved to take visitors to a section of his farm where oil seeped to the surface. He would light a match, and poof – quite a show. Once he got too close and singed his beard and eyelashes! The oil was said to be so pure that it could be used to light lamps.

In the early 1900’s, one of the Flood relatives thought that perhaps money could be made from the oil. He got investors, issued shares, drilled an oil well and made extensive plans for more. Unfortunately, no money was made on the one well. As a child, Genevieve Gallagher, born to the Flood family in 1918, remembers getting a pair of shoes with “oil money”. No fortune, and the venture was abandoned. (The Flood name might be familiar because their decedent, Nancy Flood, taught at Springhill for many years.)

Edward and Anne Flood

The oil was in the Los Arabis Drive area. That street, Timothy Lane, Rahara Drive, and Natasha Drive are all named for the Arabian horses that Dr. Leo Musser owned in the 1930s and 1940s. He reported that when it rained a lot, oily water covered his basement floor. Any Happy Valley residents still see oil? Let the Historical Society know. Come in and learn more amazing facts about Happy Valley.

Please consider becoming a member of the Lafayette Historical Society. It will help us keep our door open and lights on. To become a member or make a donation…https://lafayettehistory.org/contact-us/membership/ or follow us on our Facebook page.

Speculators formed companies, issued stock and drilled.

Inmate gets sentence reduced by 10 years, released by Contra Costa DA under new law

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First resentencing in county under AB 2942, for 2004 Orinda robbery conviction

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

Last month, the Contra Costa County District Attorney’s Office petitioned the court in support of Derric Lewis to be resentenced under Assembly Bill 2942 for his 2004 residential burglary. Honorable Judge Nancy Davis Stark ameliorated his original sentence of 27 years to 17 years with credit for time served. Lewis, who is now 61 years old, was released on a two-year grant of parole and will be supported with wrap-around services to ensure his re-entry is successful.

Lewis is the first individual in Contra Costa County resentenced under this change in the law. AB 2942 allows for a district attorney to review old sentences and determine if the sentence still serves the interest of justice and the community. Individuals eligible for relief under AB 2942 must demonstrate their ability to re-enter society successfully, including our office’s thorough evaluation of their rehabilitative efforts and disciplinary record while in custody.

The DA’s Office worked in collaboration with the California Department of Rehabilitation and Corrections, the non-profit For the People, and the Public Defender’s Office on this petition for resentencing. Importantly, those impacted by Lewis’ burglary joined in consideration of the petition and agreed that with demonstrated change after 17 years of incarceration, Lewis had had earned the opportunity to be resentenced.

In October 2004, Lewis arrived in Orinda on a Bay Area Rapid Transit train. He then walked through a nearby neighborhood and entered a home, stealing a purse valued at $125. Two victims were inside the home when Lewis entered. Additionally, Lewis took a specialized bicycle, valued at $300, from a second victim’s shed located in the backyard of their home.

Lewis was on probation at the time he was arrested for this offense and had multiple felony convictions. These factors contributed to the judge sentencing Lewis to 27 years in state prison. This offense was his third serious felony.

District Attorney Diana Becton was in support of AB 2942 during the legislature’s 2019 consideration of the bill. The DA’s Office is one of a first offices working with For the People on eligible cases for potential resentencing where the original punishment is excessive. Santa Clara, Yolo and San Diego district attorneys have also resentenced an individual under AB 2942.

“We now have the option to seek redress for excessive sentences. I will use my authority under this important law to ensure those in state prison are there for the appropriate reasons. Sentencing a man for 27 years for such an offense undermines our ability to hold the most violent accountable for crimes in our community. The strain on the state prison and criminal justice system is immense from these failed policies of our past. To truly move forward, we must be open to correcting the wrongs of the past,” stated DA Diana Becton.

“Having spent countless hours working to understand Mr. Lewis’ case, we witnessed his work towards rehabilitation,” said Hillary Blout, Founder and Executive Director of For The People. “Focusing on education helped set Mr. Lewis on a new path, and he has now obtained his GED, tutored others in prison, and completed a dozen college-level courses. With a strong education and family ties, Mr. Lewis returns home to his loving sister and son. But Mr. Lewis is just one of the many people in our prison who should be released. Hopefully other incarcerated people and their families will see this second chance on the horizon through the advent of prosecutor-initiated resentencing and AB 2942.”

“We are pleased to see that Mr. Lewis was successfully resentenced and reunited with his family. Mr. Lewis, who is 61 years old, spent the last 17 years of his life in prison. He earned his high school diploma, enrolled in college courses, and demonstrated exemplary behavior during his incarceration. Mr. Lewis’s resentencing illustrates that focusing on reintegrating people back into our community with substantial reentry resources is a more just approach than handing down excessive prison sentences,” said Robin Lipetzky, Contra Costa County Public Defender.

Case information: People v. Derric Craig Lewis, Docket 05-050238-5

Police investigating early Sunday morning burglaries of four Orinda businesses

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By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Orinda police are continuing to investigate the burglary of four businesses on Moraga Way and Brookwood Road in downtown Orinda.

The burglaries occurred on Sunday, April 25, 2021, between midnight and 2 AM. In each case, the suspect entered the business after breaking the glass front door. The male suspect, who appeared to be the same suspect in all four cases, fled after taking some cash.

The Sheriff’s Office Crime Lab responded and processed the scenes for evidence. The investigation is ongoing.

Anyone with any information on this incident is asked to contact Sergeant S. Valkanoff of the Orinda Police Department at (925) 253-4217. For any tips, please email: sorindatip@cityoforinda.org or call 866-846-3592 to leave an anonymous voice message.

 

Armed robbery at Macy’s store in Concord on Friday leads to arrest in Lafayette

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By Concord Police Department

On April 16, at approximately 7:00 PM, a 37-year-old male named Jesse Allen Alexander, went into Macy’s at the Sun Valley Mall and filled a bag full of cologne bottles, valued at over $1,400. He left the store and loss prevention personnel tried to stop him. Alexander reached into his pocket to retrieve a gun and one shot was fired, however, no one was hit.

Alexander was able to get away in his truck. Lafayette PD located him, and he fled on foot but was soon captured and arrested. Alexander was a fugitive from justice, wanted by Federal authorities for allegedly violating his Federal Probation. CPD Detectives will be presenting the case to the Contra Costa District Attorney’s Office.

Anyone with information regarding this case may contact Detective Nicholas Davison with CPD’s Major Crimes Unit at 925-603-5853. CPD Case #21-03538

Well-loved octogenarian Lafayette bicyclist dies as police investigate Tuesday traffic collision

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Source: Mount Diablo Cyclists

Known as the “Legend of Mount Diablo” for his 600 rides to the top of the peak

By Lafayette Police Department

On Tuesday morning, April 13, 2021, at 6:48 a.m., Lafayette police officers were dispatched to a report of a collision between a vehicle and a bicycle at the intersection of Olympic Boulevard and Pleasant Hill Road in Lafayette.

A nurse and a doctor from John Muir Medical Center and a firefighter from the San Ramon Valley Fire Protection District, who happened to pass by, immediately began to render aid to the bicyclist. Officers arrived on scene along with the fire department which took over medical care for the victim. The bicyclist was transported to a local hospital where he succumbed to his injuries and died overnight.

An investigation into the collision is ongoing. The driver of the vehicle has been cooperating with police. The Lafayette Police Department is asking anyone with information on this collision to contact detectives at (925) 283-3680 or (925) 299-3234. Tips could also be emailed to the Lafayette Police Department at: 94549TIP@gmail.com.

Lafayette Mayor Susan Candell’s Statement

On April 13, 2021, a collision took place involving a vehicle and a bicyclist, Joe Shami, a Lafayette resident, at the intersection of Olympic Boulevard and Pleasant Hill Road in Lafayette. It was with great sadness that I learned Mr. Shami, although quickly transported to a local hospital, died yesterday (Wednesday, April 14).

While details of the collision are not fully known at this time and the investigation is ongoing, I do want to recognize that Mr. Shami, 86, was much-loved by the local bicycling community. He was an accomplished rider, particularly known for his numerous bike trips to Mt. Diablo.

The City’s thoughts are with Mr. Shami’s family and his many friends.

Any question concerning the investigation of this tragic accident should be directed to the Lafayette Police Department at (925) 283-3680.

About Joe Shami

Shami, a retired AT&T engineer, was known as the “Legend of Mount Diablo” for riding to the top of the East Bay’s tallest peak for 600 straight weeks, according to the San Francisco Chronicle. He completed his 11-year, 28-week streak in 2019 at the age of 85. Shami was a member of the Mount Diablo Cyclists. See a tribute to him on their website. (See video of his 500th ride up Mt. Diablo)

Allen Payton contributed to this report.

Aggressive coyote that attacked five people in Contra Costa County caught, killed

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Coyote on lawn. Photo: CDFW

By Ken Paglia

A coyote that bit five people in Contra Costa County has been caught by a multi-agency team of dedicated wildlife management professionals and local law enforcement and euthanized. The coyote attacked five people in the Moraga/Lafayette area of Contra Costa County, the California Department of Fish and Wildlife (CDFW) announced.

This unusually aggressive coyote attacked a small child on July 9, 2020, an adult male on Dec. 4, 2020, another adult male on Dec. 15, 2020, another small child on Feb. 16, 2021 and another adult male on Feb. 19, 2021. All the attacks occurred within two miles of one another in a north to south Lafayette/Moraga corridor. Personnel from CDFW, U.S. Dept of Agriculture – Wildlife Services, the Moraga and Lafayette police departments and Contra Costa County Animal Services have been working constantly to locate and remove the offending animal. On Thursday, evidence from CDFW’s wildlife forensics lab matched the DNA of this coyote to samples taken from each of the five victims.

A post on the CDFW Facebook page announced reads, “Personnel from the agencies involved are grateful to citizens in Contra Costa County for their overwhelming support of the effort to remove the dangerous animal. We sincerely hope that locals can recreate outdoors again with significantly reduced anxiety, and that the community knows that outdoor recreation is still very safe.”

U.C. Davis veterinary staff will conduct a rabies test. There is no current evidence to suggest the coyote is rabid but because of the severity of the disease it is standard operating procedure in an animal attack investigation such as this one. Rabies tests can only be done post-mortem.

Contra Costa County residents interested in learning more about living near coyotes can visit Keepmewild.org where there are helpful tips on how we can all better coexist with coyotes and other wild animals around us.

Personnel from the agencies involved in the operation wish to extend gratitude to the Contra Costa County citizens in the vicinity who have been overwhelmingly supportive of the effort to remove the dangerous animal. It is the sincere hope of the agencies that locals can recreate outdoors in the area again with significantly reduced anxiety and that the community knows that outdoor recreation is still very safe.

Allen Payton contributed to this report.