Contra Costa Herald

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

Josh Hill joins BAC Community Bank as Sr. VP

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Josh Hill

December 29, 2022 – Stockton, Calif – Josh Hill has joined locally-owned BAC Community Bank as Senior Vice President and Retail Banking Officer. Hill is a results-driven financial services professional with more than 28 years of extensive leadership experience.  He has most recently led and grown retail banking teams within the BAC Community Bank footprint and Northern California.

“We are excited to be working with Josh,” said Jackie Verkuyl, Chief Administrative Officer, “the skills and insight he brings complement BAC’s future-focused strategic path.”

Working with other seasoned members of management, Hill is responsible for the overall success of the relationship banker and deposit service specialist teams, as well as leading BAC’s branch operations and ensuring consistent delivery of high-quality customer banking experiences.  He also assists in developing and overseeing retail policies and strategies while working with team members to improve and implement new retail products and services.

Hill holds a Bachelor of Science in Business Administration – Financial Management and a Bachelor of Arts in Economics.

About BAC Community Bank

BAC Community Bank is California’s 10th oldest state-chartered bank. Established in 1965, BAC operates branch offices throughout San Joaquin, Stanislaus, and Contra Costa counties and is identified as “one of the strongest financial institutions in the nation” by BauerFinancial, Inc.

The bank is centrally headquartered in Stockton, California, and is continuously recognized for banking excellence through local awards and banking industry accolades.

BAC Community Bank is an Equal Housing Lender and Equal Opportunity Employer. Member FDIC. More information is available online at www.bankbac.com.

 

Ring in the New Year responsibly – designate a sober driver

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Photo: CHP

Maximum Enforcement Period Friday night 12/30/22 – Monday night 1/02/23

Multi-state DUI Enforcement Campaign 12/30/22-1/01/22

SACRAMENTO, Calif. – The California Highway Patrol (CHP) urges everyone to ring in 2023 responsibly by designating a sober driver.

The CHP will conduct a Maximum Enforcement Period (MEP) starting at 6:01 p.m. on Friday, December 30, 2022, continuing through 11:59 p.m. on Monday, January 2, 2023.  During that time, all available CHP officers will be out on patrol with a focus on removing impaired drivers.

“Every year, people’s lives are impacted forever by making the decision to get behind the wheel while under the influence,” CHP Commissioner Amanda Ray said. “Driving impaired is never worth it and certainly not the way to ring in the new year – always designate a sober driver.”

During the previous new year’s MEP, 29 people were killed and CHP officers arrested 495 impaired drivers.  Additionally, the CHP issued over 2,300 citations for speeding and 26 citations for seat belt violations during the same time period.

To help bolster this year’s holiday traffic safety effort across state lines, the CHP will again coordinate with the National Highway Transportation Safety Administration and law enforcement partners from all over the Western United States.  With this year’s “Eyes on the Interstates” initiative, officers from Washington, Oregon, Nevada, Arizona, Idaho, and Montana will be teaming up with the CHP to increase awareness about driving under the influence and removing impaired drivers from the roadways.

The mission of the CHP is to provide the highest level of Safety, Service, and Security.

CHP report: Antioch Mayor’s Blood Alcohol Level during DUI arrest was .121 and .124

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Antioch Mayor Lamar Thorpe was arrested on March 19, 2022, for DUI. Later that day in an apology video he said, “I never felt inhibited by the drink I had with my dinner”.

Enough for 3 drinks for his body weight, more than “the drink…with dinner” he admitted to; lied to CHP officer; failed field sobriety tests; refused breath test during stop

By Allen D. Payton

According to the arrest report of his DUI arrest in March Antioch Mayor Lamar Thorpe had a Blood Alcohol Level of .121% and .124% according to two chemical breath tests he was administered. Released by the California Highway Patrol on Thursday, Dec. 22, 2022, the report also reveals Thorpe failed the field sobriety tests in a variety of ways including having nystagmus which is defined as, “uncontrolled repetitive movements of the eyes” and “the distinct odor of an alcoholic beverage emitting from his breath”. Thorpe DUI Arrest 3-19-22 Report Redacted

Yet, in an apology video on his official Facebook page later that morning, Thorpe said, “I never felt inhibited by the drink I had with my dinner”. He was pulled over by CHP Officer J. Dagnino at about 1:15 AM.

The report also shows Thorpe lied to the officer about having anything to drink.

“I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink,” Rosario wrote.

The report shows the 41-year-old Thorpe, who was wearing a “Michelob Ultra” wristband at the time of the stop, “was struggling to maintain a center lane position” while driving northbound on I-680 in Concord at 59 MPH.

During the field sobriety test, while standing on one leg he, “Swayed from center, left to right” and “lost his balance” during the Walk and Turn portion of the field test. Officer Dagnino wrote that he, “advised Lamar of the PAS (Preliminary Alcohol Screening Device)…and he refused to provide a sample.”

Blood Alcohol Content and Level

According to Law and Daily Life “The definition of blood alcohol content is the blood alcohol level expressed as a percentage” and “Generally one drink is considered: (1) 12 fluid oz. beer, (1) 5 fluid oz. glass of wine or (1) 1.5 fluid oz shot of hard liquor.”

The arrest report shows Thorpe weighs 120 pounds. According to the DMV’s BAC chart that means he had to have consumed at least four drinks prior to his arrest, not taking into account the reduction by 0.01% for each 40 minutes of drinking. His two tests were administered at 2:13 AM and 2:19 AM, which means his BAC was higher at the time he was driving an hour prior.

12-28-22 9:00 PM UPDATE: However, the original arrest report issued in March shows Thorpe weighs 150 pounds which according to the above chart clearly requires at least three drinks to be legally intoxicated. Chp288B.THORPE Report of Arrest 3-19-22

An email was sent to CHP PIO Andrew Barclay Wednesday evening for clarification of which weight for Thorpe is correct. Barclay responded, “His license lists 120 lbs., but as you know you can claim whatever. I would not know what his current weight is as it is inconsequential in our investigations.  The 150 could simply be a typo.”

According to reports from Antioch residents and restaurant staff members who chose to remain anonymous, Thorpe was seen drinking at an Antioch restaurant earlier that day prior to leaving the area.

Transcript of Report

Observation Prior to Contact

“On 3/19/2022 at approximately 0110 hours, I was on patrol, in full CHP uniform, driving a fully marked black and white CHP patrol vehicle, with my partner Officer J. Del Rosario #22568 (passenger). On the date and time mentioned, I was traveling northbound on I-680, just south of Monument boulevard within the #4 lane, monitoring traffic. Traffic was moderately light, and I observed a silver SUV just ahead of my location, within the #5 lane, that was struggling to maintain its center lane position. I accelerated my patrol vehicle and positioned it directly behind the silver SUV, now identified as a silver Volvo with a California license plate of (redacted) and continued to monitor the Volvo’s driving behavior. While monitoring the Volvo’s driving behavior, I observed the Volvo continue to struggle to maintain a center lane position, by crossing over the broken white lane divider line on left side and the solid white line on the right side. The Volvo was also traveling at approximately 59 MPH in a posted 65 MPH zone.

After observing the Volvo’s driving behavior, I activated my patrol vehicle’s emergency CODE 3 lights and initiated an enforcement stop on the Volvo. The driver of the Volvo applied the brakes and began to pull to the right shoulder on SR-242 northbound, just north of the I-680 transition. Using the patrol vehicle loudspeaker (PA) my partner began to instruct the driver of the Volvo to exit at the Clayton Road exit. The driver of the Volvo continued to drive on the shoulder of SR-242, until my partner directed the Volvo to turn right onto Market Street and pull to the right curb edge, just south of Clayton Road. The Volvo followed instructions given by my partner and pulled to the right curb edge, just south of Clayton Road and Market Street intersection. I parked directly behind the Volvo, exited my patrol vehicle and made a passenger side approach of the Volvo.

Observation Upon Contact

I contacted the driver, who was the only occupant in the vehicle, through a lowered passenger window and immediately detected the odor of an alcohol beverage emitting from within the Volvo. I advised the driver for the reason of the stop and asked for his license, registration, and insurance. The driver provided me with a California Driver License and was positively identified as Lamar Anthony Thorpe with a date of birth of 04/06/81 and [redacted].

Upon contact, Lamar displayed objective signs and symptoms of intoxication; watery eyes, droopy eye lids and slurred speech. Lamar was also wearing a white Michelob Ultra wristband around his right wrist and related he was on his way home from dinner. I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink. I directed Lamar to exit the vehicle and meet me near my patrol vehicle to answer a series of questions and perform a series of voluntary field sobriety tests. Lamar exited his vehicle and met me on the concrete sidewalk. While speaking with Lamar outside the vehicle, I could smell the odor of an alcoholic beverage emitting from his breath. I asked Lamar the remainder of the Pre-FST questions which he answered accordingly. I explained and demonstrated a series of Field Sobriety Tests to Lamar, which he did not complete as explained and demonstrated.

Horizontal Gaze Nystagmus

Lamar related he was wearing soft contact lenses. His eyes were watery, his pupils were equal, and he was able to track the tip of my finger with both eyes. He displayed the following:

  • Lack of smooth pursuit in both eyes
  • Distinct and sustained nystagmus at maximum deviation in both eyes
  • Onset of nystagmus prior to 45 degrees in his right eye, at approximately 40 degrees
  • Lack of convergence in his left eye.

During Walk and Turn, Lamar displayed the following:

  • Lamar lost his balance during the instruction phrase. I instructed him to set back up in the starting position.
  • Lamar used his arms for balance by raising them more than six inches from his sides.
  • Stepped offline between steps 5 and 6, during the first set of steps
  • Missed heel to toe contact by more than 1” between steps 3 & 4 of the first set.

One Leg Stand:

Lamar raised his left foot for the test, and he displayed the following:

  • Swayed from center, left to right
  • Used his arms for balance by raising them more than six inches from his sides.
  • Put his foot down twice and was instructed to lift his foot and continue to test

Modified Rhomberg

Lamar was instructed to end the test once he reached an internal estimated count of thirty seconds, he ended the test at fifty-two seconds.

  • His eyes displayed tremors
  • He swayed from center, front to back
  • Lamar displayed a bouncing pulse in his neck

ARREST

Due to Lamar operating a motor vehicle upon a highway, his admission to operating a motor vehicle, the distinct odor of an alcoholic beverage emitting from his breath, his objective signs and symptoms of alcohol impairment (water eyes, slowed/ slurred speech, droopy eye lids) and his poor performance on the field sobriety tests, I determined Lamar was operating a motor vehicle while under the influence of alcohol and was impaired. I placed Lamar under arrest for violation of California Vehicle Code section 23152(a) VC (Misdemeanor, DU). Lamar was searched incident to arrest and placed in the front seat of my patrol vehicle. I advised Lamar of Implied Consent (23612 VC) and he chose to submit to a chemical breath test.

Lamar was transported to the CHP Contra Costa Area Office for the chosen chemical test. I observed Lamar for fifteen minutes prior to administering the chemical breath test to ensure he did nothing to compromise the test. Lamar provided two breath sample with results of .121% and .124%. I advised Lamar of Trombetta and he declined any further testing. (According to LosAngelesDUIAttorney.com, “California v. Trombetta was a Supreme Court case that found that police do not have to preserve DUI breath test samples like other evidence. It was also be used as a precedent…to establish rules for destroyed or missing evidence).

Following the chemical test, Lamar signed the CHP 215/ Promise to Appear in my presence and was released to [redacted].

EVIDENCE

Item #1            1 Compact Disc containing video of news clip/ suspect’s admission to driving while under the influence.

OTHER FACTUAL INFORMATION

The same morning following the incident, ABC 7 news uploaded an article regarding the arrest/ incident. In the video, Lamar Anthony Thorpe (Mayor Antioch, Ca) relates he was arrested by California Highway Patrol for driving under the influence. In the video, Lamar related he assumes full responsibility for his actions and admits to operating a motor vehicle while under the influence. The video was copied onto a compact disc, booked into the CHP Contra Costa temporary evidence locker and a copy was attached with this report.

The patrol vehicle utilized is equipped with a Wireless Mobile Video Audio Recording System (VVMVARS) that was on at the time of the incident and which may or may not have captured all relevant information.

RECOMMENDATION

I recommended a copy of this report be forwarded to the Contra Costa County District Attorney’s Office for review and prosecution of Lamar Anthony Thorpe for the following charges:

  • 23152(a) VC – Misdemeanor – Driving Under the Influence.
  • 23152(b) VC – Misdemeanor – Driving Under the Influence over .08% BAC.”

———-

Found Guilty on One DUI Count

As previously reported, Thorpe, through his attorney, pled no contest to both charges, during his court hearing, on Tuesday, Dec. 13, 2022. According to the Felony and Misdemeanor Clerk’s Docket and Minutes he was found guilty on the second count of DUI over .08% BAC and the other charge was dismissed. Thorpe Clerk’s Docket and Minutes 12-13-22 redacted

According to the Misdemeanor Order of Probation, Thorpe was fined $1,749 and was sentenced to two days I prison with one day credited and is eligible for the Sheriff’s Work Alternative Program for the one remaining day. Thorpe was also sentenced to three years of probation and cannot drive a vehicle with any measurable alcohol in his blood and must attend and complete a three-month alcohol program. Thorpe Misdemeanor Order of Probation 12-13-22 redacted

He was given the Watson advisement. According to LosAngelesDUIAttorney.com, A “Watson advisement” is a formal statement you must sign after being convicted of DUI. It says you understand that driving under the influence can injure or kill people, and it can be used against you if you ever cause a DUI accident in the future. Legally, this means that you could be tried for second degree murder if your DUI kills someone.”

Please check back later for any updates to this report.

Ride transit to ring in the New Year with Clipper® on your phone

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Photo: MTC

Don’t drop the ball on safety, savings or convenience

By John Goodwin, MTC

The Metropolitan Transportation Commission (MTC) and Bay Area transit agencies encourage residents and visitors planning a night on the town to celebrate the new year this weekend to:

  • Travel by bus, train or ferry. Several Bay Area transit agencies — including BART —will extend their usual operating hours Saturday night and early Sunday morning to accommodate New Year’s Eve revelers.
  • Avoid long lines at the station by adding a Clipper card to your phone’s digital wallet ahead of time. No app fee is required, and customers can instantly load cash value with their Apple Wallet or Google Wallet. For those who already have Clipper, make sure you have your round-trip fare loaded before boarding.
  • Go to clippercard.com and visit Clipper’s Apple Pay or Google Pay pages for more information, including step-by-step instructions on how to add a new Clipper card to your iPhone or Android system phone running Android 5 or later.

Clipper will waive the standard $3 new-card fee for customers who choose Clipper on their mobile phone. The $3 fee will be charged to customers who opt for a traditional plastic card. MTC reminds travelers riding on BART that each rider age 5 or older needs their own Clipper card to pay the BART fare.

MTC is the transportation planning, funding and coordinating agency for the nine-county San Francisco Bay Area. MTC operates the Clipper system on behalf of the region’s transit agencies.

 

Fresh Approach mobile farmers’ market brings healthy fruits and veggies to West Contra Costa residents

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The Fresh Approach mobile farmers’ market truck visits three locations in West County on Wednesdays. Photos: Kaiser Permanente

Wednesdays at the library, YMCA and San Pablo Senior Center

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

Richmond resident Marsha Quick has more energy and has reached a healthy weight since she started visiting the Fresh Approach mobile farmers’ market at the Richmond Public Library on Wednesday mornings. She credits the truck for giving her a new appreciation for healthy foods.

“It has changed how I eat,” she said. “I used to hate broccoli, but now I have it four times a week because it’s so fresh. I’ve also learned how to make sweet potato tacos with ground turkey and spices. Most of all, I enjoy meeting other Richmond residents in line – I’ve made a lot of friends out here.”

Fresh Approach is a Bay Area nonprofit dedicated to connecting residents to healthy food from California farmers and to expanding knowledge in the community about food and nutrition. Its mobile farmers’ market truck, stocked with fresh fruits and vegetables, serves six cities in three Bay Area counties.

“The COVID-19 pandemic and recent inflation concerns have increased the number of Bay Area residents who face food insecurity,” said Fresh Approach Food Access Program Manager Ellen Olack. “We’ve seen lots of changes pre- and post- pandemic. More folks are coming out each week.”

The Fresh Approach truck stops at three locations on Wednesdays – the Richmond Public Library, the San Pablo Senior Center and the Richmond Parkway YMCA. The Richmond route and a similar route in Antioch are funded in part by Kaiser Permanente.

Yvette Radford, Kaiser Permanente’s Northern California vice president of External and Community Affairs, noted that having access to affordable, nutritious food is critical for good health.

“That’s why we have partnered with Fresh Approach to provide fresh produce every week to West County residents who are struggling to make ends meet during these challenging economic times,” she said. “This partnership reflects our deep commitment to improve health in the communities we serve and help people live longer, healthier lives.”

Fresh Approach offers a 50 percent discount to customers who participate in income-based benefit programs, including CalFresh (SNAP), WIC, SSI/SSDI, Medi-Cal and unemployment.

For Sharolyn Reed, the mother of three young children, the food truck has been life changing. It has enabled her to plan nutritious meals for her family every day and be more conscientious about healthy snacks.

“My kids look forward to eating apples and fresh vegetables every day,” she said. “I always have them on hand now.”

Fresh Approach Community Ambassador Towanna Turner said her primary goal is to help Richmond residents prevent various diseases by providing easy access to nutrient-rich food.

“I’ve seen people with tears in their eyes because they’re so grateful for healthy food,” she added. “I love being an ambassador because I’m able to help people live better lives.”

Every Wednesday, the Fresh Approach Mobile Farmers’ Market truck stops at the Richmond Public Library from 10 a.m. to 11 a.m. It moves to the San Pablo Senior Center at 1943 Church Lane  from 11:45 a.m. to 12:45 p.m. The last stop of the day is the Richmond Parkway YMCA at 4300 Lakeside Drive from 1:45 to 2:45 p.m.

 

New Year brings new Bay Area toll-payment assistance programs

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Benicia-Martinez Bridge. Photo by John Huseby, Caltrans

Free crossings for eligible veterans begin Jan. 1, penalty-waiver program coming

Dec. 27, 2022 – The Bay Area Toll Authority (BATA) and the Golden Gate Bridge District today announced two new bridge toll assistance programs that will benefit customers from lower-income households as well as eligible military veterans, beginning in 2023.

By July 1, 2023, BATA and the Golden Gate Bridge District will institute a policy for toll bridge customers whose household income is no more than 200 percent of the federal poverty level (approximately $55,000 for a family of four) to receive a waiver of any penalties assessed for late or missed payments of toll invoices and toll evasion notices incurred for toll bridge crossings between March 20, 2020 and Jan. 1, 2023. The waiver applies to the Golden Gate Bridge and to the state-owned Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael, San Francisco-Oakland Bay and San Mateo-Hayward bridges. The waiver will not apply to Express Lanes.

The Richmond-San Rafael Bridge. Photo by MTC

The Low-Income COVID Waiver program — created by Assembly Bill 2594, which was authored by San Francisco Assembly member Phil Ting and enacted earlier this year — will allow qualifying motorists to request from FasTrak® a waiver of outstanding bridge toll violation penalties. Waiver recipients will be required to pay tolls and any fees charged by the Department of Motor Vehicles for vehicle registration holds due to the non-payment of penalties.

The setting sun reflects off of the Carquinez Bridge’s towers. Photo by MTC

Another new state law — AB 2949, authored by Assembly member Alex Lee of San Jose — goes into effect Jan. 1, 2023, granting eligible veterans of the U.S. armed forces free tolls on California toll bridges. These include the Golden Gate Bridge as well as the state-owned Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael, San Francisco-Oakland Bay and San Mateo-Hayward bridges. The free-passage benefit does not apply to Express Lanes.

The John A. Nejedly Bridge in Antioch. Photo from BATA website.

To be eligible for free travel across California toll bridges, vehicles registered to military veterans must have a license plate with one of the following designations: Congressional Medal of Honor, Disabled Veteran, Legion of Valor, Pearl Harbor Survivor, Ex-Prisoner of War, or Purple Heart.

Eligible veterans do not currently need to have a FasTrak electronic toll payment account to qualify for free passage, although a FasTrak-enrollment requirement will be instituted in the future. To avoid being charged a toll, veterans who already are FasTrak customers must place their FasTrak tag in a Mylar bag when traveling through bridge toll plazas. Customers may request a bag by logging into their FasTrak account, clicking ‘Vehicles and Tags’, and selecting ‘Request Toll Tag Supplies.’ Veterans also may request a Mylar bag by calling the FasTrak customer service center at 877-BAY-TOLL (877-229-8655). These bags are free of charge.

Golden Gate Bridge from Crissy Field. Photo by Noah Berger

BATA administers all toll revenues from the San Francisco Bay Area’s seven state-owned toll bridges. The Golden Gate Bridge, Highway and Transportation District owns and operates the Golden Gate Bridge.

 

CHP highlights new laws for 2023

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Cops in California no longer have to be U.S. citizens or permanent residents; jaywalking no longer a crime

As we head into the new year, the California Highway Patrol (CHP) is educating the public on traffic safety laws that were passed during this year’s legislative season and signed by Governor Gavin Newsom.  The laws take effect January 1, 2023, unless otherwise noted.

Public Employment: Peace Officers: Citizenship (Senate Bill (SB) 960, Skinner)

The law maintains that peace officers, including peace officer trainees, be legally authorized to work in the United States consistent with federal law and regulations, however, removes the requirement that they be citizens or permanent residents of the United States.

Catalytic Converters (SB 1087, Gonzalez) (Assembly Bill (AB) 1740, Muratsuchi)

These laws specifically list who can sell catalytic converters to recyclers and require those recyclers to keep documentation such as the year, make, model, and copy of the vehicle title from which the catalytic converter was removed.  The purpose of these laws is to help reduce catalytic converter theft.

Vehicular Manslaughter: Speeding and Reckless Driving (SB 1472, Stern)

This law expands the criteria for “gross negligence” as it relates to the crime of vehicular manslaughter.  Drivers involved in sideshow activity, exhibition of speed, or speeding over 100 miles per hour which results in a fatality could now be charged with Vehicular Manslaughter with Gross Negligence.

Motor Vehicle Speed Contests and Exhibitions of Speed (AB 2000, Gabriel)

Parking lots and off-street parking facilities are now included as locations where it is a crime to engage in a speed contest, exhibition of speed, or sideshow activity.

Endangered Missing Advisory: Feather Alert (AB 1314, Ramos)

The new “Feather Alert” allows law enforcement agencies to request the CHP to initiate an alert when an indigenous person has been kidnapped, abducted, or reported missing under unexplained or suspicious circumstances, and specific criteria has been met to permit alert activation. Additionally, consistent with the Department’s existing AMBER, Blue, and Silver Alert programs, this new “Feather Alert” program encourages the use of radio, television, and social media to spread the information about the missing indigenous person.

Hit-and-Run Incidents: Yellow Alert (AB 1732, Patterson)

This law authorizes law enforcement agencies to request the CHP to activate a “Yellow Alert” when a fatal hit-and-run crash has occurred, and specific criteria has been met to permit alert activation. The law also encourages local media outlets to disseminate the information contained in a Yellow Alert.  The new law serves to use the public’s assistance to improve the investigatory ability for law enforcement agencies throughout the state when working to solve fatal hit-and-run crashes.

Online Marketplaces: Reporting (AB 1700, Maienschein)

This law requires the Attorney General’s Office to create an online reporting system for users of third-party online marketplaces to report listings of suspected stolen items.  The reported information would be available to local law enforcement and the CHP’s Organized Retail Crime Task Force to assist with investigations.

Bicycles Omnibus Bill (AB 1909, Friedman)

Much like the move over or slow down law, this law provides for increased protections to bicyclists by requiring vehicles passing or overtaking a bicycle in the same direction, to move over to an adjacent lane of traffic, if one is available, or slow down and only pass the bicyclist when safe to do so.  The law also permits Class 3 e-bike riders to use approved bicycle paths and trails, bikeways, and bicycle lanes.  The law prohibits local governments from requiring bicycle registration and allows local authorities to prohibit any electric bicycle on an equestrian, hiking, or other recreational trail.

Electric Bicycles: Safety and Training Program (AB 1946, Boerner Horvath)

This requires the CHP to work with other traffic safety stakeholders such as the California Office of Traffic Safety, to develop statewide safety and training programs for electric bicycles.  This training program, which will consist of electric bicycle riding safety, emergency maneuver skills, rules of the road and laws pertaining to electric bicycles, will launch on the CHP’s website in September 2023.

Pedestrians (AB 2147, Ting)

This law prohibits peace officers from stopping pedestrians for certain pedestrian-specific violations, such as crossing the road outside of a crosswalk, unless there is an immediate danger of a crash. The CHP reminds all road users of the responsibility to travel safely and look out for one another on the road.

The mission of the CHP is to provide the highest level of Safety, Service and Security.

Recount ends with same result, Torres-Walker re-elected to Antioch Council, Zepeda elected to Richmond Council

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County elections office staff, candidates, their attorneys and supporters serving as observers gather Thursday in Martinez for a recount in the race for the Antioch City Council. Photos by Allen D. Payton

Butt’s campaign files precursor to possible lawsuit in Richmond council race but chose to drop it

By Chris Campos, Editor, ThePress.net

Republished with permission.

Joy Motts congratulates re-elected Councilwoman Tamisha Torres-Walker following the announcement of the recount results on Friday

MARTINEZ—Tamisha Torres-Walker, running for re-election for the Antioch City Council District 1 seat, came ahead by 3 votes on Nov. 8 beating challenger Joy Motts. After a lengthy and expensive recount Torres-Walker’s lead increased by one vote, according to the county elections office.

Allen Payton, publisher of the Antioch Herald but “acting as a resident and voter in the city,” requested the recount on Motts’ behalf. It’s been a costly exercise. Asked what the final price was Motts responded, “about $30,000.”

She was glad she went through the process. “With just a three vote difference I think it makes sense to go forward and the community agreed. I had support to pay for this.”

The results of the recount were announced Friday by County Clerk Deborah Cooper. The total for Motts dropped by one vote while Tamisha Torres-Walker’s vote total didn’t change.

Asked for her thoughts Torres-Walker said, “I’m just excited for this to finally be over and celebrate this win. I’ve just been waiting for this process.  I’m going to go home and celebrate the holidays with my family and look forward to serving Antioch on the city council for the next four years.”

Payton, publisher of the Antioch Herald, offered to help fundraising and help cover the costs of the recount. Motts stated earlier on her Facebook account, “We have found out today that unfortunately, the County is charging upwards of $38,500 for this recount, an exorbitant amount of money. Nevertheless, we are moving forward to try and raise the necessary funds. If you would like to support my efforts for a full recount, you can donate on my website at joymotts.org”

Cesar Zepeda’s election to the Richmond City Council was confirmed following the completion of the recount on Friday.

Payton said Friday, “about $20,000 total was raised by Mott’s campaign, most through her website, and spent as of today, including another $2,080 she paid today to the Contra Costa County Elections and $6,000 for elections attorney Chris Schweickert of Seto, Wood & Schweickert in Pleasant Hill for yesterday and today.”

On the first day of the recount 8 challenged vote-by-mail ballots and 4 challenged provisional ballots in the District 1 race were reviewed by Motts and Payton, who requested the recount on her behalf the previous week. It occurred at the Contra Costa County Clerk’s Office Elections Division office, with Deputy Clerk-Recorder Tommy Gong, two elections office staff members as well as Torres-Walker and campaign consultant Melody Howe Weintraub monitoring the ballot count.

Of the ballots reviewed that day, two ballots were challenged by Motts and Payton for further review by Gong who allowed one to be counted and one was rejected.

A simultaneous recount is under way for the Andrew Butt campaign in Richmond’s District 2 race which ended in a tie and was broken last week by the drawing of an envelope out of a shopping bag.

As the challenge to those few ballots was transpiring, county elections staff were in the warehouse about a block away, retrieving 1,700 boxes of ballots in which the staff members have determined there are ballots for both the Antioch and Richmond elections. Those ballots were already put through the counting machines and included in the total vote count.

Following the completion of the recount on Friday Andrew Butt (left) and his brother Daniel discus the challenge to ballots with Assistant Registrar Helen Nolan as Zepeda’s attorney listens.

During a tour of the warehouse on Wednesday, Elections Services Manager Travis Ebbert was asked if ballots could be stuck together and scanned through the machine. He responded it could happen, but there are checks and balances.

“There are ways that ballots get scanned and double scanned. The scanners are high speed. They go really fast,” Ebbert explained. “By the time the first ballot is processed the seventh ballot is being imaged. There are checks for that. There’s human intervention and a second person there.”

“There’s potential for human error out of the 1.5 million ballot pages (submitted in the county during the November election),” he continued. “In the 1% manual count there were no double scans. This was the smoothest scan with the least human intervention.”

Helen Nolan, the assistant registrar of Contra Costa County, said later, “Thank you to everyone who came to observe and be a part of the recount process today. I appreciate your patience; we know it’s not always exciting but it’s an important part of our democracy and protecting the vote!”

During an interview with a reporter for NBC Bay Area Motts said, “This was not the methodology my campaign asked for. We wanted them to look at all the ballots in all the boxes. But to do that would be an exorbitant amount of money. When they decided to do this targeted search, we didn’t expect there would be much of a change.”

“The costs were split with the Butt campaign, so the total was $60,000 for both recounts,” she continued. “I think with elections this close they should automatically do a recount. As we saw today some ballots were adjudicated. I think it’s important that the county elections (office) does that and we as citizens support that.”

On Thursday Butt’s campaign filed the required paperwork on Thursday for a potential lawsuit challenging the election results but they have dropped it.

“What I filed on Thursday was an election contest under election code,” Daniel said, “It’s been muted by this recount result. It challenges specifically the two votes in the marina precinct. You also have to show it will change the outcome of the election. Now that Cesar has won by three votes, we’re dropping it. I’m keeping the door open to sue the city because the district map fails all criteria. But it won’t overturn the results of this election.”

“Both these candidates did the right thing in spite of opposition. They fought the good fight. But it’s worth looking into reducing the costs for recounts and requiring automatic recounts in close races,” he added.

Contra Costa County Elections Division staff provided the following information Friday evening:

Recount Results:
Antioch City Council District 1 Recount ANTIOCH Final Results by Precinct O&U
Tamisha Torres-Walker 1,467
Joy Motts 1,463
Diane Gibson-Gray 1,338

Richmond City Council District 2 Recount RICHMOND Final Results by Precinct
Andrew Butt 1,918
Cesar Zepeda 1,921

“These close races should remind voters how important every single vote is. I have been working for the Clerk-Recorder-Elections Department for 33 years and recounts have been extremely rare.” said Cooper. “Our elections team once again performed above and beyond, by recounting not one, but two city council races over the course of the past week and a half. These recounts confirmed the integrity of the elections through a transparent audit process.”

The final official report for this election is posted on the Contra Costa County Elections website and can be found at www.contracostavote.gov.

Allen D. Payton contributed to the Richmond recount portion of this report.

 

Contra Costa residents urged to use 911 only for emergencies

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Especially during flu season; ConFire says respiratory virus calls are straining CCC EMS resources

By Contra Costa Health Services

To ensure continued timely response to true medical emergencies, Contra Costa Health (CCH) encourages residents to call 911 only if the need for care is truly an emergency.

Contra Costa County’s emergency medical system traditionally serves higher-than-usual numbers of patients this time of year, and this month healthcare providers and the agencies providing emergency ambulance service are especially impacted because of COVID, flu and other respiratory viruses.

According to Con Fire, “Respiratory virus calls are straining CCC EMS resources.”

Several hospitals in the community are reporting critically high level of patients occupying beds, with more than 1,200 inpatients reported throughout the county as of Friday. Hospital emergency departments are similarly impacted.

Calling 911 for your health emergency is recommended if it involves:

  • Chest pain, difficulty breathing or a fast (120+ beats per minute) resting heartbeat
  • Numbness or weakness in any part of the body, seizures, or difficulty speaking
  • Fainting, unconsciousness, dizziness, sudden severe pain or headache, or confusion
  • Sudden blindness or vision changes
  • Heavy bleeding that will not stop with pressure, or broken bones
  • Choking, drowning or near drowning
  • Severe burns
  • Poisoning or drug overdose
  • Allergic reactions, especially if there is difficulty breathing
  • Someone making a credible threat to harm themselves or someone else

There are other good reasons to call 911 as well. But to reduce strain on the county’s healthcare system, CCH asks anyone considering whether to seek emergency care if a 911 call is the best way to get the services they need, or if contacting an advice nurse or urgent care might be more appropriate.

When many people seek care through 911 at the same time, it reduces the number of emergency ambulances in circulation, ready to respond when someone in the county needs lifesaving care.

Based on a paramedic’s assessment of a patient’s condition and if the number of available emergency ambulances is very low, the paramedic may suggest a patient visit an urgent care on their own or call an advice nurse.

During the winter virus season, patients visiting emergency departments at hospitals in the county may also need to wait longer depending on circumstances at the time they arrive and the severity of their illness or injury.

Wrong way driver in fatal Hwy 4 crash released from custody to U.S Marshals

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Richmond suspect driving with suspended license for prior DUI

By CHP Contra Costa

Tuesday morning Dec. 13, 2022, at about 11:05am, CHP Contra Costa was advised of a wrong way driver traveling westbound in the eastbound lanes of Hwy 4 near Railroad Avenue. The wrong way vehicle (Dodge Durango) continued westbound in the eastbound lanes and collided head on into a Honda Accord traveling in the eastbound lanes of Hwy 4. Following the initial crash, the Honda was struck by a Toyota Highlander and was struck a third time by a three-axel tanker truck that were also traveling eastbound. All involved vehicles sustained major damage and came to rest within the eastbound lanes.

Following the crash, the driver of the Dodge fled the scene on foot but was apprehended by Pittsburg Police Department that came upon the scene shortly after.

The Honda was occupied by one adult driver and one adult passenger. The driver sustained fatal injuries and was pronounced deceased on scene and the passenger was transported to the hospital for major injuries. The Toyota was occupied by one adult driver and one infant passenger. Both occupants were transported to the hospital for complaint of pain injuries. The tanker truck was occupied by an adult driver who was uninjured.

According to a Mercury News report, the Contra Costa Coroner’s Office identified the victim as James Kuang age 50. Attempts to reach the Coroner’s Office to determine the victim’s city of residency were unsuccessful Friday.

CHP Contra Costa PIO Adam Lane said Friday that the wrong way driver is Michael Armstrong age 53 of Richmond was booked on charges of murder, DUI resulting in injury, driving the wrong way resulting in injury or death and driving with a suspended license for a prior DUI.

According to Contra Costa DA’s Office PIO Ted Asregadoo, “the suspect was released from custody from the Martinez Detention Facility on Thursday by the U.S. Marshals because of a federal matter. So, CHP will not be bringing the case to the DA’s office for filing charges, today.”

At this time, it is believed drugs and/or alcohol impairment may have been a factor in this crash. This incident is still under investigation. If anyone witnessed this crash, the wrong way vehicle prior to the crash, or the events leading up to the crash, please contact CHP Contra Costa in Martinez at (925) 646-4980. Thank you.

Please check back later for any updates to this report.

Allen D. Payton contributed to this report.