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El Cerrito man, former rock musician, arrested in homicide of girlfriend

January 5, 2024 By Publisher Leave a Comment

Alice “Alyx” Kamakaokalani Hermann and Theobald “Theo” Lengyel. Photos: El Cerrito PD. Lengyel’s arrest on Jan. 2, 2024. Photo: Capitola PD

Went missing from Santa Cruz Dec. 3, her car located in front of his house, human remains located in Tilden Regional Park

By Allen D. Payton

The Capitola Police Department reported on Tuesday morning, Jan. 2, 2024, Theobald “Theo” Brooks Lengyel (54 years old) was arrested in connection with the homicide of his girlfriend Alice “Alyx” Kamakaokalani Herrmann (61 years old) of Capitola, CA. Lengyel was located in the Santa Cruz County Sheriff’s jurisdiction after an arrest warrant was issued. He was taken into custody by Santa Cruz Sheriff’s Deputies and Capitola PD Detective Currier without incident with the collaboration of the Department of Justice. Lengyel was subsequently booked into Santa Cruz County jail.

The arrest of Lengyel was executed following an intensive and collaborative investigation by Capitola PD which took over as the lead agency in the case. The joint efforts with the Santa Cruz County District Attorney’s Office and El Cerrito Police Department were instrumental in bringing this case to resolution.

Alice Kamakaokalani, a 5’04” tall, 135-pound Pacific Islander woman, was last seen in Santa Cruz, CA on December 3, 2023, prompting a missing person investigation from law enforcement agencies. Capitola Police, in conjunction with El Cerrito PD, initiated an investigation into her disappearance reported by relatives on December 12, 2023, after not hearing from her for over a week.

Capitola PD Detectives gathered evidence, conducted interviews and collaborated with partner agencies to piece together the circumstance surrounding Kamakaokalani’s disappearance.

Kamakaokalani’s car and Lengyel’s truck. Photos: El Cerrito PD

El Cerrito Police investigators located her vehicle, a red 2007 Toyota Highlander SUV, license plate “5VAC944”, in front of the home of her boyfriend, Lengyel, in El Cerrito, CA. Based on his actions, Lengyel was then considered a person of interest in Kamakaokalani’s disappearance and was not cooperative with the police investigation. The 5’10”, 170-pound Lengyel also goes by the name, “Mylo Stone.” In the days following her disappearance, Theo Lengyel is known to have travelled by vehicle from El Cerrito to Portland, OR. He drives a blue 1989 Ford pickup truck, license plate “UNCLDRT.”

Both vehicles were taken into police custody.

Investigators sought information about the actions of both Theo Lengyel and Alice Herrmann from December 3, 2023. As the investigation progressed, it became clear that foul play was involved, leading to the identification of Lengyel as a suspect.

According to sfgate.com Lengyel was a founding member of the funk-metal band Mr. Bungle and, according to the San Francisco Chronicle, he played saxophone, clarinet and keyboards for the group from 1985 to the mid-1990s,.

According to an NBC News report, “Investigators eventually recovered human remains in a wooded area within Tilden Regional Park in Berkeley, about 4 miles from El Cerrito.”

Those remains are pending DNA confirmation from the Santa Cruz County Coroner’s Office which is handling the case. An effort to contact their PIO for more information was unsuccessful prior to publication time.

Capitola Police wrote in a press release, “The diligent work of our investigators, in coordination with our law enforcement partners, has led to the apprehension of Theobald Lengyel in connection with the tragic homicide of Alice Kamakaokalani. We extend our deepest condolences to the family and friends of the victim during this difficult time.

The Capitola Police Department expresses gratitude to the involved agencies who have and are continuing to assist in this investigation: Santa Cruz County District Attorney’s Office, Santa Cruz County Sheriff’s Office, East Bay Regional Parks District Police Department, Contra Costa County Crime Lab, El Cerrito Police, California Office of Emergency Services and Department of Justice.

Lengyel is currently in custody in the Santa Cruz Main Jail. the Capitola Police Department will work closely with the Santa Cruz County District Attorney’s Office to ensure a thorough prosecution of the case.

This remains an ongoing investigation, the Capitola Police Department will not provide further details at this time. Updates will be provided as they become available.”

Please check back later for any updates to this report.

 

Filed Under: Bay Area, Coroner, Crime, News, Police, Sheriff, West County

CA Attorney General issues Race-Blind Charging Guidelines for prosecutors

January 4, 2024 By Publisher Leave a Comment

Two-step process redacts identifying information as required by new state law

OAKLAND – California Attorney General Rob Bonta released Race-Blind Charging Guidelines that address the specific statutory requirements listed in Assembly Bill 2778 (D-McCarty) and Penal Code Section 741, as well as provide prosecutors practical guidance as to how to implement the requirements. The guidelines outline a new two-step process for evaluating charging, including how to redact identifying information, how to document charging decisions, when a crime is excluded from this process, and the requirements to collect and make available for research anonymous data. The guidelines are intended to help reduce the potential for unconscious bias to influence the initial charging decision in legal cases, in accordance with the spirit, law, and goals of PC 741.

“Unconscious bias has no place in the criminal justice system and should not play a role in charging,” Bonta said. “Unfortunately, we know the criminal justice system is not infallible and charging decisions are vulnerable to unconscious bias. This is a reality we cannot ignore and must work to correct. These guidelines will help prosecutors perform their duties in accordance with California law and most importantly, help promote a more fair and equitable charging process for all individuals.”

Studies have shown that unconscious bias may infect decisions within the criminal justice system, despite the best intentions of the parties involved. The guidelines will assist all California prosecution agencies in implementing this new process by January 1, 2025. It includes nine critical components to reduce unconscious bias:

  1. Redaction of Cases Received from Law Enforcement Agencies and Suspects Criminal History Documentation: Prosecution agencies are required to review initial charging decisions based on information, including police reports and suspect criminal history documentation, from which all direct means of identifying the race of suspect(s), victim(s), and witness(es) race is removed.
  2. Race-Blind Initial Charging:Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filed. The more thorough second review will be used to determine individual charges or decide charges with certainty.
  3. Redaction Process for Initial Charging Evaluation:Each prosecution agency must create a redaction process for the materials used in the initial charging evaluation. It must be performed by personnel not association with evaluating or charging the case and may either be done manually or through automation as long as the process ensures correct redaction.
  4. Use of Artificial Intelligence (AI) Tools for Redaction:If an AI system is used, it must be validated before implementation that appropriate safeguards are in place to prevent unauthorized access to sensitive information.
  5. Second Review for Charging: After completion of the race-blind initial charging evaluations, the case shall proceed to a second, complete review for charging. This would include a review of unredacted reports and all available evidence, which may include additional materials, such as video footage, photographs, and complete witness statements, that reveals race but must be reviewed to assess whether the requisite elements have been met to warrant the filing of criminal charges. This is the “ordinary charging evaluation” and must be performed by the same prosecutors who performed the initial charging review.
  6. Documentation of Charging Decision: Prosecution agencies are required to follow a two-step process for charging cases: a “race-blind initial charging evaluation” based on redacted reports and then an “ordinary charging evaluation” based on the unredacted reports and all available evidence. The initial charge evaluation is intended to perform a gate-keeping and recording function prior to the actual charging process. It contemplates an initial evaluation on whether to file any charges, without specifying what charges might be filled. The more thorough second review will be used to determine individual charges or decide charges with certainty.
  7. Inability to Conduct Race-Blind Initial Charging Evaluation:If a prosecution agency was unable to put a case through a race-blind initial charging evaluation, the reason for that inability must be documented and retained by the agency.
  8. Collection of Data and Availability for Research Purposes: Each county in which a prosecution agency resides must, on a usual basis, collect the data resulting from the race-blind initial charging evaluation process, except as such information is protected by privilege including, but not limited to, that found in Penal Code section 1054.6. Each county must ensure that the data is collected, stored, and transmitted in a way appropriate to protect sensitive information.
  9. Exception to the Race-Blind Process: The prosecution agency may exclude the crimes listed at the Penal Code section 741, subdivision (c) from the race-blind charging process. Each prosecution agency may further remove or exclude certain classes of crimes or factual circumstances from a race-blind initial charging evaluation and shall keep a list of the exclusion and their reason for review.

Attorney General Bonta, is committed to fighting for racial justice. In May of 2021 he established the Racial Justice Bureau which, among other things, supports the California Department of Justice’s broader mandate to advance the civil rights of all Californians by assisting with new and ongoing efforts to combat hate and bias. This year, the Attorney General has also engaged with local leaders through roundtables through hate crime roundtables in Bakersfield, Fresno, Anaheim and Irvine.

More broadly, the Attorney General is deeply committed to responding to the needs of historically marginalized and underrepresented communities and, last year, also launched the Office of Community Awareness, Response, and Engagement to work directly with community organizations and members of the public as part of the effort to advance justice for all Californians.

A copy of the Guidelines can be found here.

 

 

Filed Under: Attorney General, Crime, District Attorney, Legislation, News, State of California

Delta Levees Investment Strategy becomes California state law

January 4, 2024 By Publisher Leave a Comment

Delta levee work. Photo: Delta Stewardship Council

New flood-related regulations prioritize levee investments in the Delta and Suisun Marsh

By Delta Stewardship Council

SACRAMENTO – The new year has brought new flood protections for the Sacramento-San Joaquin Delta. The Delta Stewardship Council has successfully amended the Delta Levees Investment Strategy (DLIS), a tool the state uses to prioritize investments in Delta levee operations, maintenance and improvements, thus reducing the likelihood and consequences of levee failures.

Executive Officer Jessica R. Pearson at a Delta Stewardship Council meeting. Photo: DSC

The amendment assigns very high, high, or other priority to islands or tracts within the Delta and Suisun Marsh and directs the California Department of Water Resources (DWR) to fund levee improvement projects by order of priority. Additionally, it requires the DWR to submit an annual report to the Council describing Delta levee investments relative to the established priorities. The amended regulation took effect on January 1, 2024.

“Delta flood risk is one of the most urgent threats to California and will continue to worsen in the future with changes in sea levels and storm patterns,” says the Council’s Executive Officer Jessica R. Pearson. “Limited funding to address that risk demands clear priorities. The product of nearly a decade of public input and collaboration, the strategy represents one of the Council’s greatest milestone achievements.”

 

The amendment assigns very high, high, or other priority to islands or tracts within the Delta and Suisun Marsh and directs the California Department of Water Resources (DWR) to fund levee improvement projects by order of priority. Additionally, it requires the DWR to submit an annual report to the Council describing Delta levee investments relative to the established priorities.

The Dutch Slough Tidal Marsh Restoration Project site, located in the Sacramento-San Joaquin Delta near Oakley, California.
The restoration project implemented by the California Department of Water Resources will restore 1,187 acres into a tidal marsh to provide habitat for salmon and other native fish and wildlife. Photo taken May 18, 2023, by Florence Low / California Department of Water Resources,

“Flood protection is a key piece of DWR’s work to increase water resilience as California moves toward a hotter, drier future,” says DWR Director Karla Nemeth. “DWR stands in partnership with the Delta Stewardship Council across multiple initiatives, including the Delta Levees Investment Strategy. These efforts will provide needed protections to the diverse communities that call the Delta home.”

The Delta’s 1,100 miles of levees provide protection for residences, agricultural lands, and infrastructure, which need deliberate and sustainable maintenance and funding. Many of the levees date back to when the Delta was reclaimed for agricultural purposes in the late 1800s.

The updated strategy prioritizes the protection of people, property, and state interests and advances statewide water supply reliability and Delta ecosystem resilience in a manner that protects and enhances the Delta as a place where people live, work, and recreate.

Source: DSC

On September 21, 2023, the Office of Administrative Law approved the Council’s Administrative Procedure Act process to amend the California Code of Regulations, title 23, sections 5001 and 5012, to implement the Council’s Delta Levees Investment Strategy. The amended regulation took effect on January 1, 2024, and is available at on the Delta Levees Investment Strategy web page at deltacouncil.ca.gov/DLIS.

ABOUT THE COUNCIL

The Delta Stewardship Council was created by the California Legislature in 2009 to advance California’s water supply reliability and the Delta’s ecosystem resiliency in a manner that protects and enhances the region’s unique characteristics. It is composed of seven members, advised by an independent 10-member science board, and supported by a dedicated staff. For more information, visit the Council’s website at deltacouncil.ca.gov.

Filed Under: Finances, News, State of California, The Delta

Investigation shows human error caused BART train derailment, fire

January 4, 2024 By Publisher Leave a Comment

Two cars of the eastbound Antioch line BART train derailed Monday morning, Jan. 1, 2024. Photo by Allen D. Payton

Crossed over to opposite track; some riders self-evacuated

By BART

While the investigation of the January 1, 2024, derailment and fire just east of the Orinda Station continues, BART is providing an update on what occurred and next steps.

Condition of track equipment

That section of track where the derailment occurred, including the interlocking, was recently replaced and was in good operating order. BART’s train control system is being modernized as part of implementing Communications Based Train Control, a major rebuilding project underway.

Timeline of What Happened

At 8:45am on Monday, January 1, 2024, the computer system that monitors and manages BART tracks experienced a localized loss in communication with a field device specific to an area near Orinda Station, including the track interlocking located between Orinda and Lafayette stations. When this occurs, the Operations Control Center does not receive a status indication of route alignments in the area and track positions cannot be controlled remotely. The computer and communication system fails in a safe mode and there are procedures in place to continue to provide train service while crews troubleshoot the loss of computer communication. The system had been operating at the start of revenue service and one train had already travelled eastbound through the area.

At 8:50am the Operations Control Center instructed the train operator of an approaching eight-car Antioch bound train to manually align the route at the interlocking. The route was to be straight through. The train operator left the cab to align the track route. PA announcements were made to riders on board about the delay. The train operator confirmed with the control center they had set the track for a straight through alignment. The control center instructed them to drive the train in manual mode through the area.

Once moving, the train operator reported to the control center the train was crossing over to the opposite track, which was not the correct alignment. In response the control center held all trains in the area and instructed the train operator to move from the Antioch end of the train to the SFO end of the train and to move the train in the SFO direction to clear the interlocking area of the track and correctly align the route for straight through movement. The train operator walked to the other end of the train and moved it in manual mode in the SFO direction. Two cars derailed under slow speed causing electrical arcing, smoke, and flames. Some riders immediately started to self-evacuate by using the emergency door release.

At 9:05am the train operator reported to the control center they believed the train had derailed. The train operator then began to sweep the train, walking through each car to tell people to evacuate. The operator reported the smoke and flames to the control center and advised that people had already started evacuating.

Orinda Police were first to arrive on scene and helped evacuate all riders safely and Orinda Fire Department extinguished the flames.

By 9:23am, the control center was told all riders on board, estimated to be about 100-150 people, had been safely evacuated from the train.

Next Steps

The investigation into the derailment continues. BART has 60 calendar days from the date of the incident to provide a report to the California Public Utilities Commission (CPUC). Until the CPUC accepts and closes the report, the incident is considered “under investigation”, until such time, the report is unavailable to the public.

1/2/24 4:45am Update: Normal Yellow line service will run today following overnight repairs and safety inspections. The headline for this story has been changed to reflect this update.

1/1/24 9:30pm Update:

The incident train is now moving towards the yard. Crews are working on repairs. We will be using our tamper vehicle to surface the track area, pounding down the rocks/ballast. The good news is there was no damage to track switches which would have required more extensive repairs.

The bus bridge will remain in effect through the end of service tonight. Crews will work to make repairs and inspect the tracks this evening and overnight. We hope for full normal service between Walnut Creek and Rockridge tomorrow.

7pm Update:

The crane has successfully re-railed both impacted cars. We will now couple the incident cars with others to tow them out of the way.  Track crews have already begun making repairs to damaged sections of the track so we are hopeful to have, at minimum, single tracking train service through the area for morning service. It could be full normal service depending on progress made.

4:40pm Update:

The crane arrived on scene.

4pm Update:

The two lanes on Eastbound Highway 24 are now closed and crane is enroute for placement.

See remainder of timeline and more photos, here.

Allen D. Payton contributed to this report.

Filed Under: BART, Lamorinda, News, Transportation

CA Racial and Identity Profiling Advisory Board releases report on 2022 Police Stop Data

January 3, 2024 By Publisher Leave a Comment

Photo: Policing Project

560 law enforcement agencies made 4,575,725 stops

Black individuals were searched at a rate 1.66 times the rate of White individuals

By California Attorney General’s Office

The California Racial and Identity Profiling Advisory Board (Board) today, Wednesday, Jan. 3, 2024, announced the release of its annual report on police stops across California. The report analyzes millions of vehicle and pedestrian stops conducted in 2022 by 560 law enforcement agencies in California — a major expansion from the 58 participating agencies in the previous report — under the Racial and Identity Profiling Act (RIPA). In addition to providing an in-depth look into policing in 2022, the Board’s report contains a wide array of best practice recommendations related to policing, with a particular focus on the impact of pretext stops, law enforcement interactions with youth, civilian complaint processes, police union effects on law enforcement accountability, and trainings on racial and identity profiling. Overall, the findings from the latest RIPA report are consistent with the disparities observed in prior years’ data with respect to perceived race, age, and disability status.

“California is leading the nation in identifying and addressing racial and identity profiling,” said Andrea Guerrero, Co-Chair of the RIPA Board and Executive Director of Alliance San Diego. “This report marks a major milestone as the first to include stop data from law enforcement agencies across the entire state. The scale of data that California is collecting allows us to say definitively that profiling exists — it is a pervasive pattern across the state. We must now turn to the hard work of ending profiling by bringing all the stakeholders to the table to ascertain and change the policies and the practices that enable it. I’m proud to work alongside community and law enforcement leaders on the RIPA Board who are having the tough conversations needed to bring about change. Public safety depends on all of us, and we invite all stakeholders to join the RIPA Board on our path to progress.”

“The annual collection of the RIPA stop data is making California communities safer by directing thoughtful and reflective reform,” said California Attorney General Rob Bonta. “Over the last several years, we’ve collected and analyzed information on more than 16 million police encounters in our state. In turn, with the support of our staff at the California Department of Justice, the RIPA Board has continued to issue key recommendations for our law enforcement agencies to promote transparency and take critical steps to enhance, and in some cases, repair the public trust.”

The information collected under RIPA includes data on peace officers’ perceptions of the demographics of stopped individuals, such as race or ethnicity, gender identity, sexual orientation, age, and disability. The Board collects this information to determine whether disparities can be found across demographic groups. The Board uses several well-established methodologies to analyze stop data to determine if bias may exist.

Some of the key findings from the Board’s report include:

  • Number of Stops: A total of 4,575,725 stops were conducted by 560 agencies from January 1, 2022 to December 31, 2022.
  • Population Comparison: Overall, the disparity between the proportion of stops and the proportion of residential population was greatest for Black individuals, who were stopped 131.5 % more frequently than expected.
  • Search Rates: Black individuals were searched at a rate 1.66 times the rate of White individuals. Although stopped individuals perceived to be Black or Hispanic/Latino were searched at a higher rate relative to individuals perceived to be White, officers discovered contraband or evidence during stops in which they conducted searches at a lower rate for individuals perceived to be Black or Hispanic/Latino.
  • Actions Taken: Officers reported not taking any reportable action during 75% of stops and taking actions during 25% of stops. Of all the racial or ethnic groups, stopped individuals whom officers perceived to be Native American had the highest rate of being searched (22.4%) and handcuffed (17.8%). Stopped individuals whom officers perceived to be Black had the highest rate of being detained curbside or in a patrol car (20.2%) and ordered to exit a vehicle (7.1%). Individuals perceived to be transgender men/boys also had actions taken towards them during half of their stops (50.0%).

In addition to the data analysis, the Board issues best practice recommendations that law enforcement agencies, the Legislature, local policymakers, the Commission on Peace Officer Standards and Training (POST), community members, and advocates should consider when implementing evidence-based and data-driven policy reforms geared to eliminate racial and identity profiling and improve law enforcement and community relations. Examples of the Board’s recommendations from the report include:

  • Ending all pretextual stops and searches by taking actions such as ending consent or supervision searches as well as limiting law enforcement roll in the enforcement of traffic laws;
  • Prohibiting the collection of field interview cards and entries into CalGang or any agency database in absence of an arrest;
  • Adopting internal policies that prohibit law enforcement agencies and district attorneys from pursuing criminal charges for standalone resisting arrest without other citable offenses;
  • Prioritizing a care-first model, reducing unnecessary criminal justice intervention or law enforcement response in favor of a community-based response for youth with disabilities and youth experiencing mental health crises;
  • Considerations related to the efficacy of school police and law enforcement contacts, such as identifying specific student conduct or statutory violations that require disciplinary action that should be handled by school staff, and for which law enforcement officers should not be involved;
  • Calling for further research on how Police Officer Bills of Rights and provisions or agreements with unions affect police accountability;
  • Amending Penal Code section 832.5 to include a standardized definition of “civilian complaint”;
  • Reviewing all available video footage and incorporating root cause analysis into complaint investigations; and
  • Seeking community and Board input early in POST’s course development process and integrating feedback into the course curriculum before finalizing the course.

For more on RIPA and other criminal justice data, members of the public are encouraged to visit OpenJustice, a data-driven initiative that works to increase access to criminal justice data and support the development of public policy.

A copy of the report announced today is available here. More information about the Board is available here.

 

 

Filed Under: Attorney General, News, Police, State of California

BART train derails, catches fire near Orinda Station closes Antioch line on New Year’s Day

January 1, 2024 By Publisher Leave a Comment

A Bigge company crane prepares to remove the derailed BART car from the tracks on Monday, Jan. 1, 2024. Photos by Allen D. Payton

Nine people transported to medical facilities for evaluation; large crane needed closes two Hwy 24 eastbound lanes; line between Walnut Creek and Rockridge Stations may not reopen by Tuesday morning

By Allen D. Payton

A partial derailment of a BART train between the Orinda and Lafayette stations that occurred shortly after 9:oo AM on Monday, Jan. 1, 2024, just outside the Orinda station stopped service on the Antioch line between Rockridge and Walnut Creek stations. A bus bridge provided by AC Transit is in place providing full bus service between Rockridge and Walnut Creek in both directions. Buses will make all station stops. Yellow line riders should expect major delays all day. Trains are turning around Rockridge and Walnut Creek. No other BART lines are impacted.

BART has learned from first responders that nine people were transported to medical facilities for evaluation.

From BART – Rolling Updates Based on Information we have:

BART Director Deb Allen, who was on the scene, explained what happened.

“The actual cause has not been determined,” she said. “We have fiber optic cables that run under the right-of-way. There’s an interlocking that has to change directions when a train comes out of the Orinda Station. The operator made an announcement that OCC (Operations Control Center) told the operator he had to get out of the train and manually change the interlocking. He does that then gets back in the train and starts moving the train forward. It was fortunate that it was moving from a dead stop. After the interlocking the train switched to the wrong track which resulted in the partial derailment. What caused it is under investigation.”

5:15 PM Update: Two inside eastbound lanes of Hwy 24 east of Orinda are closed for the crane to remove the derailed 65,000 lb. BART car.

4:40 PM Update: BART spokesman Jim Allison held a press conference in the Orinda Station parking lot providing an update to the progress on the train fire and partial derailment.

As he was speaking, a Bigge company crane arrived to move the derailed BART car. The operation should take about six hours, Allison said. But he couldn’t say if there will be BART service on the Antioch line in either direction between Walnut Creek and Rockridge Stations Tuesday morning. If not, hopefully bus service will continue.

In response to a reporter’s question, Allison said there had been upgrades to the interlocking.

According to a BART press release earlier this year, BART made major trackway repairs on the Yellow Line, which is the busiest in the BART system. Over Presidents Day weekend, February 18-20, 2023, BART crews worked around the clock to replace 7,350 feet of worn rail between the Rockridge and Lafayette stations.

3:15pm Update: BART is currently working with Caltrans to close two lanes of eastbound Highway 24 within in the next hour for a large crane that will position the incident BART train back in place. We do not have an ETA on how long it will take but will provide frequent updates on the process.

2pm Update: The derailment occurred at an interlocking located between the Orinda and Lafayette BART stations shortly after 9am. Just prior to the derailment, the train operator was instructed by the Operations Control Center to manually align the route at the interlocking because a signaling issue prevented the computer from doing it. This procedure is not uncommon and train operators are trained to manually align routes. The operator then manually moved the train when it derailed. The train was not under automatic train control. The details into what happened are under investigation.

A large crane will be needed to get the incident train back in place on the tracks. This crane will be positioned on Highway 24 eastbound. Two highway lanes will be closed for this. The train will then be moved to a yard and track inspections and any repairs will need to take place.

The California Public Utilities Commission was notified, and their staff were on scene.

12:30pm Update (Bus Bridge Available): A bus bridge provided by AC Transit is now in place providing full bus service between Rockridge and Walnut Creek in both directions. Buses will make all station stops.

Noon update (injury update and correction): Nine people were transported to medical facilities for evaluation following this incident. Based on the initial report from first responders there were no major injuries. BART Police will be interviewing all people who were transported for evaluation. A correction has been made below.

11:15am update: BART has powered off the rails between Rockridge and Walnut Creek stations. All passengers that were on board trains in that section of track have been off-boarded. BART is working with partner bus agencies to establish a bus bridge but it is not yet in place.

Only the Yellow line (between Walnut Creek and Rockridge is impacted). All other lines are running.

The Official BART App offers customized in-app notifications about BART service and announcements using the official BART app. Riders can personalize what type of information they get through the app based on when and where they ride BART and what information they care most about.

10:15am Update: Shortly after 9am on Monday, January 1, 2024, an east bound Yellow line train partially derailed between Orinda and Lafayette stations just outside the Orinda station.

Passengers were safely evacuated from the train and were escorted to Orinda Station by BART personnel. Nine people were transported to medical facilities for evaluation*. Based on the initial reports from first responders there were no major injuries. BART Police will interview all people who were transported for evaluation to get an update.

Two cars were reported to be on fire with smoke and the Orinda Fire Department responded and extinguished the flames.

The Orinda and Lafayette BART stations were closed and we are advising Yellow line riders to seek alternative transportation at this time. There is no train service between Rockridge and Walnut Creek. There is currently no available bus bridge but staff is working to see if partner bus agencies are available.

BART has extra staff and BART Police at Orinda and Lafayette stations to help.

Other BART lines are not impacted.

9:28am Service Advisory posted: There is a major delay on the Antioch Line in the Antioch and SFO directions due to an equipment problem on a train between Orinda and Lafayette stations. Please seek alternate means of transportation.

9:21am Service Advisory posted: There is a major delay on the Antioch Line in the Antioch and SFO directions due to an equipment problem on a train.

BART Service Advisories are available via SMS text, email, at the top of bart.gov, on the BART app, and on X (Twitter) at @SFBARTalert, the main @SFBART account is also providing updates.

*An earlier update said there were no reported injuries, however BART has learned from first responders that nine people were transported to medical facilities for evaluation.

Check back later for any updates to this report.

 

Filed Under: BART, Lamorinda, News, Transportation

One driver dies in 4 vehicle fatal crash on Byron Highway

December 31, 2023 By Publisher Leave a Comment

South of Clifton Court Road

By CHP – Contra Costa

On December 30, 2023, at approximately 6:25 PM a white Chevrolet Silverado was traveling northbound on Byron Highway south of Clifton Court Road at an unknown speed. The white Chevrolet went into oncoming traffic. A grey Kia sedan traveling southbound on Byron Highway at an unknown speed was struck head on by the Chevrolet. After the crash the Kia left the roadway onto the right shoulder area and came to a rest. The Chevrolet continued out of control and eventually came to rest facing northbound over the center lane line blocking both lanes.

The driver of the Chevrolet was airlifted to John Muir Walnut Creek for their injuries. The passenger was transported via Ambulance to John Muir Walnut Creek for their injuries. The solo Kia driver was pronounced deceased on scene.

A Hyundai Elantra traveling southbound on Byron Highway behind the Kia struck debris in the road causing minor damage with no injuries to the driver or passenger. A Hummer traveling northbound behind the Chevrolet also struck debris and possibly struck the Chevrolet after the initial crash causing minor damage to the Hummer with no injuries to the driver or minor passenger.

During the on-scene investigation, it was determined the driver of the Kia was not properly wearing their seatbelt. DUI was not a factor in this collision.

This crash is still under investigation. If anyone witnessed it or the events leading up to it, please contact CHP Contra Costa in Martinez, (925) 646-4980 or email your contact information to 320Investigations@chp.ca.gov to be contacted by the investigating officer.

 

Filed Under: CHP, East County, News

BART’s Top 23 Accomplishments of 2023

December 30, 2023 By Publisher Leave a Comment

Photos: BART

By BART Communications

2023 has been a big year for BART as we laid the critical groundwork toward a new vision and a better future. It’s a future that features a cleaner, safer, easier-to-use BART that prioritizes all riders – and it’s right around the corner.

Here are 23 things BART is proud of this year. 

We understood travel patterns were changing…so we changed with them.

  1. BART listened to riders clamoring for more comprehensive service outside 9-to-5 work hours. We increased service during nights and weekends, where ridership is growing fastest. From weekend sporting events to evening concerts, BART is dedicated to being the safest, fastest, most reliable way to get where you need to go for fun.

Walnut Creek BART Station. Photo source: BART. Copyright Noah Berger / 2023. 

We made historic updates to modernize our system.

  1. We are now running exclusively new trains as part of the base schedule.
  1. We migrated to 100% digital payments, eliminating paper ticket waste, and paving the way for our new state-of-the-art fare gates that will bolster ridership, revenue, and rider safety in 2024.
  2. We rolled out the first gatesto the public at West Oakland Station this week, ending the year with yet another upgrade to BART’s public safety infrastructure.

We doubled down on safety and cleaning.

  1. We released our Safe & Clean Plan to show the progress we have made in making our system cleaner, safer, and more reliable.
  1. Customer on-time performance is at 92%.
  2. We doubled the police presencein the system, and we won awardsfor using unarmed Ambassadors and Crisis Intervention Specialists to increase staff presence in our system and help people in need.
  3. We discontinued the disruptive fare inspections during the morning commute at Embarcadero Station and re-deployed the fare inspectors to ride trains and inspect Clipper cards at more stations.
  4. We started running shorter trainsto enhance safety because data shows without a doubt that active spaces are safer spaces.
  5. We launched our “Let’s Talk About Us” campaignabout domestic violence and Phase II of our Not One More Girl initiative addressing sexual harassment. We believe using art to change a culture of violence and building community partnerships to make BART safer is important.
  6. We doubled the rate of deep cleaning train cars, and we increased the pressure washing of stations.

We made stations more welcoming.

  1. We made it easier to pay for parking with the new Tap-and-Gofeature on the Official BART Mobile App that allows customers to pay for parking with just one tap.
  2. We reopened newly remodeled all-gender restrooms at Embarcadero and Downtown Berkeley stations. We now have six open underground restrooms. 345,000 people used these attended, clean, and safe restrooms in 2023.
  3. We deployed a comprehensive strategy to clean up Civic Center, resulting in a dramatically improved station experience from previous years.
  4. We now have ten brand-new escalators in downtown San Franciscoand six new canopies along Market Street.
  5. We’re increasing the discount for low-income riders from 20% to 50% with the Clipper START programbeginning January 1, 2024.

We advanced our efforts to build housing on our property. 

  1. BART was proud to celebrate the openings of three transit-oriented development projects– Gateway at Millbrae Station, Waymark at Walnut Creek, and Kapuso Upper Yard at Balboa Park, creating over 1,100 new homes, including over 200 new affordable homes.
  2. We advanced two additional projects by signing lease options with our selected developers at West Oakland and Phase I at Lake Merritt. These will bring nearly 1,200 new homes, including more than 400 affordable homes for riders who need them most.

We focused on responsible long-term planning to secure a thriving BART today and long into the future. 

  1. We delivered a balanced budget during the most difficult financial time in the history of American public transit. The Grants team secured nearly $400 million of fundsin 2023 to help pay for improvements and reinvestment within the BART system.
  2. We welcomed our new Inspector Generaland nearly tripled the office’s budgetso it can expand and perform even more audits and investigations to identify waste, fraud, and abuse and ensure we are maximizing our efficiency.
  3. And most impactful of all, we successfully advocated to get financial assistance from the state budgetthat immediately averted an impending fiscal cliff. BART stands to receive 45% of the region’s allocation and we will continue to build the case for long overdue investment.

Source: BART

We got to know our riders and celebrated transit with our biggest fans.

  1. From our book club to new anime mascots, we activated our stations and trains with fun events to welcome people back to BART.

We also haven’t lost sight of the future.

  1. The Link21 program was awarded $11.3 million in project development funds from the state, reaffirming the critical role of our efforts to build a second train crossing between Oakland and San Francisco in helping the State achieve their State Rail Plan vision for Northern California. Link21 launched its first 18-member, community-based Equity Advisory Council to advise program on priority population concerns, including anti-displacement, connectivity, access, and service needs.

BART remains the best and the safest way to travel the Bay Area.

We are proud of what we accomplished in 2023 – from investments in public safety, modernizing our trains and schedules, improving infrastructure, increasing equity, and working toward a secure fiscal future. But we know there’s always more to be done. We can’t wait to show riders what’s in store in 2024 and beyond as we continue driving our vision for the future of Bay Area public transit.

Filed Under: BART, News

California State Parks awards $41.9 million in grants to create new parks across state

December 30, 2023 By Publisher Leave a Comment

Images of previous park projects funded by the Statewide Park Development and Community Revitalization Grant Program. Top left: Old Depot Bike Park grand opening in Placerville, California. Top right: Xabatin Park grand opening in Lakeport, California. Bottom photos: Nogales Park grand opening in Walnut Park, California. Photos from California State Parks.

SACRAMENTO, Calif.— California State Parks announced Thursday, Dec. 28, 2023, $41.9 million in grant funding to support the diversity of California’s park needs. Under “Round Four” of the Statewide Park Development and Community Revitalization Grant Program, the state of California is delivering new park access to an additional eight communities across the state.

To date, the Statewide Park Development and Community Revitalization Grant Program has provided approximately $1.2 billion to California’s communities. Round Four received the highest amount requested in State Parks’ nearly 50-year history of grant administration.

“Having access to outdoor spaces is critical for all Californians and these projects will contribute to the quality of life for many people who seek local parks to improve their physical, mental and social well-being,” said California State Parks Director Armando Quintero. “State Parks is incredibly grateful to all the organizations who applied for grant funding this round.”

The eight awarded grant projects are:

Fresno County

  • Reedley: City of Reedley, Camacho Park Project: $4,049,992 to construct a new walking path, group picnic area, restroom, signage, and public art. Renovate three existing baseball/softball fields, existing restroom/storage/concession stand, and landscaping and lighting throughout the park.

Kern County

  • Bakersfield: County of Kern, Potomac Park Neighborhood Project: $7,384,000 to construct a new soccer field with lighting, splash pad with shade, dog park, basketball court with lighting, three shade structures over existing picnic tables, walkways with lighting, parking lot with lighting, and restroom. Renovate the existing group picnic pavilion, basketball court with lighting, inclusive playground with lighting, and landscaping throughout the park.

Los Angeles County

  • Hawthorne: Los Angeles Neighborhood Land Trust, Zela Davis Park Renovation: $963,060 to construct a new playground with shade, basketball court, picnic area with shade, walking path and hardscape elements, exercise equipment, public art, restroom building, and landscaping and lighting throughout the park.
  • Los Angeles: Los Angeles Neighborhood Land Trust, Jefferson Park Project: $5,800,000 to create a new park which will include a new playground with shade, sand and water play area, picnic area with shade, exercise area, public art, skate spot, walking path, and lighting and landscaping throughout the park.
  • Paramount: City of Paramount, Paramount Park Community Center Expansion: $7,372,213 to construct a new expansion of an overused Center’s Senior Center and renovate existing building spaces to create dedicated senior activity spaces. The expansion and renovations would include fitness, music, craft, billiards, card, and conference rooms, two screened outdoor lounge areas, reconfiguration of the stage area to make it fully accessible and viewable from the auditorium/dining space, and installation of landscaping along the exterior of the center.

Sacramento County

  • Sacramento: Southgate R.P.D., Jack N. Sheldon Park & Florin Creek Trail: $8,500,000 to acquire approximately 8.77 acres and construct a new dog park with lighting, disc golf course, basketball court, exercise equipment stations, four pickleball courts with lighting, gazebo and BBQ area, practice wall, playground, soccer field with lighting, multiuse trails, informal trails, electric vehicle charging stations, ping-pong with shade cover, educational arboretum, pathways with lighting, two shade structures with picnic tables, public art, and lighting and landscaping throughout the park. Renovate six tennis courts with lighting, a multiuse trail, playground, soccer field and parking with lighting.

San Joaquin County

  • Stockton: City of Stockton, Van Buskirk Park Renovation: $7,016,086 to construct a new skate park, two full-size basketball courts, and BMX/Bike Trails with lighting and landscaping.

Yolo County

  • Knight’s Landing: County of Yolo, Knights Landing Community Park: $814,649 to create a new park which will include a new soccer field, little league/softball field, full-size basketball court, ball wall, children’s playground, perimeter 6’ wide walking/jogging path, shaded picnic and BBQ area, open natural grass area, parking lot, plaza area with picnic tables, shade trees, and farmers market/food truck areas for community gathering space. Renovate the existing restroom.

On March 21, 2021, California State Parks’ Office of Grants and Local Services (OGALS) received $2.42 billion in grant requests for Round 4 of the Statewide Park Program. The department was able to award $548.3 million to projects throughout California; however, approximately, $1.87 billion in requests were left unfunded. An additional appropriation of $41.9 million was provided through the 2023/2024 State Budget. This additional funding is now being awarded to unfunded Round 4 applications.

Funding for the grant program was first made available through Proposition 84 (2006 Bond Act) Sustainable Communities and Climate Change Reduction. Proposition 68 (2018 Bond Act) and additional general fund money continue this program’s legacy.

Since 2000, California State Parks’ OGALS has administered more than $3 billion in local assistance grants from a variety of funding sources. The funding has established indoor and outdoor recreation in every corner of the state, built trails, acquired and restored sensitive habitat, built natural and cultural interpretative facilities, and fostered outdoor natural experiences for thousands of children, youth and families. Approximately 8,000 California parks have been created or improved through these grant programs. To view previous park projects created through OGALS, visit this link.

The California Department of Parks and Recreation, popularly known as State Parks, and the programs supported by its Office of Historic Preservation and divisions of Boating and Waterways and Off-Highway Motor Vehicle Recreation provide 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. Learn more at parks.ca.gov.

 

Filed Under: News, Parks, State of California

Arrests for drug possession, DUI, warrant in Clayton

December 30, 2023 By Publisher Leave a Comment

Transient man arrested 21 times since 2017 for multiple crimes; Concord man arrested 8 times since 2021 including 4 times this year

By Sandy Johnson, Police Office Coordinator, Clayton Police Department

Clayton Police Department Activity Report Dec. 22-28, 2023

The dates and times shown indicate when the incident was reported to the Police Department.

ARRESTS:

5400 Clayton Roard.  Trespass: Obstruct Business Operation; Possess Unlawful Drug Paraphernalia.  A 38-year-old transient male was arrested after officers responded to a call for service.  He was transported to Concord Police Department for booking.  (12/24/23 – 9:49 AM) (Kelly, Jason; 12/12/85; 602.1 PC; 11364 H&S)

According to localcrimenews.com, Kelly has been arrested 21 times since Nov. 2017 by Clayton PD, Concord PD and Contra Costa Sheriff’s Department for multiple drug crimes, grand theft, burglary, vandalism, receiving or concealing stolen property and resisting arrest.

Jacob Hupe in a photo posted on his Facebook page on April 29, 2023.

Oakhurst Drive/Yolanda Circle.  Driving Under the Influence – Alcohol.  A 37-year-old Concord male was arrested after officers responded to a call for service.  He was transported to Concord Police Department for booking.  (12/26/23 – 2:27 AM) (Penero, Joenar; 03/03/86; 23152(A) VC)

5400 Clayton Road.  Warrant.  A 33-year-old Concord male was arrested after being contacted by officers.  He was transported to Martinez Detention Facility for booking.  (12/27/23 – 3:32 AM) (Hupe, Jacob Dylan; 10/14/90; Warrant)

According to localcrimenews.com, Hupe has been arrested eight times since Sept. 2021, including four times this year, by Concord PD, Citrus Heights PD, Sacramento County Sheriff’s Department and Placer County Sheriff’s Department on drug charges, auto theft, possession of burglar’s tools, illegal possession of ammunition and carrying a concealed dirk or dagger. According to the Contra Costa Sheriff’s Dep’t. he was cite released and out of custody.

VANDALISM:

Golden Eagle Place.  (12/26/23 – 6:44 PM)

Allen D. Payton contributed to this report.

Filed Under: Central County, Crime, News, Police

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