By Allen Payton

Not only were some candidates and ballot measures successful on Election Night, Tuesday, November 8th, one Antioch man was victorious in his battle for proper city budgeting. Proving you can fight city hall and win, real estate broker Mark Jordan forced the Antioch City Council to settle a lawsuit over what he claimed were the illegal transfers of money from the City’s water and sewer funds into the police department. As a result of the settlement, (jordan-v-city-of-antioch-settlement-agreement), approved on a unanimous 5-0 vote of the Council, a portion of the money will be repaid by the police department to the sewer and water funds.

According to City Attorney Michael Vigilia, “Council unanimously approved settlement. I reported it at the beginning of the open session of the meeting as required by the Brown Act.”

Asked why he filed the suit , Jordan responded, “I did it because it was wrong what was being done.”

“I also didn’t want to significantly hurt the City, financially. But as you read, if they try again, I will respond, again,” he warned.

“See (Antioch Police Chief Allan) Cantando’s deposition. (cantando0718depo)  He stated the Police Department provides no unique or special services to water or sewer. Period,” Jordan continued. “I know you were on this, too because I remember your article about the same time I stepped up.”

Background

In response to a question by Mayor Pro Tem Lori Ogorchock during a June, 2015 council meeting, city staff stated that $319,000 was being transferred each year from each of the water and sewer funds into the police department’s budget. A Herald editorial was written by this reporter, opposing the practice. Jordan warned the Council in late July that he would be taking action. Then, the following month, he filed a felony complaint against Mayor Wade Harper, the rest of the City Council City with the Contra Costa District Attorney’s office.

According to a previous Herald article about the matter, his felony complaint (Jordan Complaint.City of Antioch to DA) states, “All Citizens of the City of Antioch” are victims, gives the type of violation as “Illegal transfer of public Funds, et all” [sic] and the nature of complaint as “Violation of Oath of Office, Violation of State of California Constitution,” specifically Propositions 13, 26 and 218. Jordan claimed there was no connection between the collection of sewer and water funds paid for by Antioch ratepayers and spending them on police.

“I claim that the illegal transfers from the Antioch Water and Sewer Funds are a taking from the public without basis in law, legal nexus or legal justification and that this taking of public funds is public malfeasance and grand theft pursuant to Penal Code 487, a felony,” the complaint states. “A legal nexus is required by law and none exists.”

Jordan further claims that the transfer from the sewer and water funds to the police department budget amounts to a tax without a vote of the people.

“Also; that this transfer is a creation of windfall for the General Fund and is nothing short of a specific tax without voter approval as required by the State Constitution.”

He cited two lawsuits, one each against the City of San Juan Capistrano and the other against the City of Redding, California to support his argument.

Jordan then filed his lawsuit on February 16, 2016 stating the City’s practice violated state Proposition 218. In their response, the City denied that they were violating the law.

Settlement Details

However, during mediation held on October 19th before a retired judge, the City agreed to refund the water and sewer funds 25% of what had been transferred during Fiscal Years 2013, 2014 and 2015. In addition, 40% of the transfers budgeted for Fiscal Years 2016 and 2017 will be retained by the water and sewer funds, on a 60%-40% split between the two funds. Plus, the City agreed to pay Jordan’s attorney fees totaling $75,000.

The settlement, signed by Jordan on Wednesday, November 9th, and expected to be signed by Harper, today, Monday, November 14, 2016, requires the City to transfer $235,800 from the police department budget back into the water fund and refrain from transferring $316,320 from that fund, within 15 days. In addition, the City must return $157,600 to and refrain from transferring $210,880 from the sewer fund. The total impact to the police department budget as a result of the settlement is $920,600.

Neither side agreed to anything beyond those fiscal years and the settlement does not prevent future transfers from occurring, beginning with Fiscal Year 2018, nor preclude Jordan from suing the City and Council, again.

In addition to Cantando’s deposition, following are the additional depositions in the lawsuit, of City of Antioch Finance Director Dawn Merchant (merchant0718depo), Assistant City Manager/Public Works Director Ron Bernal (bernal0719depo), and John W. Farnkopf of HF&H Consultants, which according to their website, “specializes in the areas of recycling and solid waste and water/wastewater management services.” (farnkopf0716depo)

As part of the settlement, the agreement will be placed on the agenda of the next City Council meeting, scheduled for Tuesday, November 22, for discussion, and Jordan will be given 10 minutes to speak about it, much like a project proponent during a public hearing.

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For  information visit www.samaritanspurse.org/occ.

By Allen Payton

What if they held a protest and almost no one showed up? That’s pretty much what happened at the Antioch Marina between 8:00 p.m. and 9:00 p.m., Thursday night, November 10th.

Just before 7:00 p.m., Thursday night, a Herald reporter received via text from an acquaintance in Antioch, an ad promoting an anti-Trump protest scheduled to begin at 8:00 p.m. at 5 Marina Plaza in Antioch, which is the address of the Antioch Marina.

Labeled as “A movement to fight racism, sexism, homophobia and Islamaphobia” with the social media address of #ResistTrump, the “Protest Trump in Antioch” possibly attracted two small groups of individuals. One group made up of about six people who appeared to be in the late teens to late 20’s got out of three cars parked near the entrance to the Antioch Marina parking lot. However, none of them had any protest signs with them, nor were they displaying any hats or shirts indicating any protest of the president-elect.

Four police cars rolled up and officers got out and let the suspected protesters know that the parking lot closed at dusk, as the sign, located right next to where they park, described. However, the parking lot is open to those with boats at the marina. They got back into their cars and drove away.

Another group of about six young people, who appeared the same age as the first group, walked by through the turn-around circle at the end of L Street near the entrances of both the marina and boat launch parking lots. The boat launch parking lot is off limits to everyone except boaters, 24-hours a day. That group just kept walking across the street, onto the crosswalk, and continued heading south on L Street toward the Antioch Police Facility. None of them were carrying protest signs either. So there was no indication they were actually there for a protest.

Two police officers remained until about 8:45 p.m. blocking the entrance to the marina parking lot, leaving enough room for any boaters who might need access. Only two cars drove past during that time. The officers also turned away a few more cars that drove around the circle. As he said he was ordered, the final officer remained at the marina parking lot until 9:00 p.m.

By Allen Payton

A truck traveling westbound at a high speed on Lone Tree Way near the Slatten Ranch Shopping Center, about 9:30 p.m. Friday night, struck another car and resulted in the death of the female driver of the truck.

The collision occurred at the intersection of the Slatten Ranch center driveway at Lone Tree Way, across from Buffalo Wild Wings, east of the Highway 4 Bypass and west of Slatten Ranch Road. It elicited a large response by both Antioch and Brentwood Police, as well as emergency vehicles. The west bound lanes of Lone Tree Way between Slatten Ranch Road/Shady Willow Lane and Jeffery Way were cordoned off for close to two hours.

According to three witnesses who were sitting on and in their vehicles at the southbound light on Slatten Ranch Road, preparing to turn right, westbound onto Lone Tree Way, saw a truck speed by and collide with another car, forcing it into a third.

“I was on my bike at Slatten Ranch about to turn rift and I saw a Dodge Dakota going about 100-110 MPH driven by a female who looks about 25 years old,” said 18-year-old Tyler Graves, of Oakley, who grew up in Antioch and was riding a motorcycle. “I then rolled forward and watched and just saw dust and glass and saw the truck T-bone the first vehicle; which was grey and shoved it into the white Honda.”

“The truck spun like 360 then rolled,” he continued. “She was ejected and I saw her face down in the grass hill area. The truck was a couple feet away. I don’t think she was breathing at all.”

“I pulled up to make sure these (the grey and white) cars were alright and I went up to see if she was alright and there was no movement,” Graves added. “I asked if the female was dead and the police officer said ‘you’re a smart guy’.”

Bobby Vierra, age 20 of Oakley was traveling with Graves and one other car between his car and Graves’ motorcycle, and was also stopped at the light at Slatten Ranch Road.

“We were leaving and saw the truck hauling through the intersection,” he stated. “Then we heard the loud bang. Then we pulled out and pulled in here (into the driveway of the shopping center). We walked down and checked on the girl and she was laying on the ground.”

“Two officers were already on the scene,” Vierra continued. “I got out of my car and we walked up with the police.”

Cameron Pabst, age 19 of Discovery Bay was driving the car between Graves and Vierra, and saw the truck speed by.

“I said ‘they’re going way too fast’, especially on Lone Tree Way because it’s such a busy street,” he said. “The truck almost went air born.”

The police asked the three witnesses and their friends who were in one of the cars, to remain at the scene. After obtaining their information, the police allowed the young men to leave about 10:46 p.m.

Antioch Police personnel confirmed the female driver of the truck was deceased, and a yellow body bag covering the corpse could be seen near the vehicle. In addition, one officer stated there were two people in the Honda and one person in the silver-colored vehicle. Another witness said they had seen an emergency helicopter land on the other side of the Chucky Cheese restaurant, and someone was removed from one of the vehicles and taken in the direction of the helicopter.

UPDATE: The following press release was issued by the Sergeant Rick Smith of the Antioch Police Community Policing Bureau, Saturday morning at 9:14 AM:

On Friday night, November 11, 2016 at 9:33 PM, Antioch and Brentwood Officers responded to a reported collision involving multiple vehicles on Lone Tree Way at the entrance to the Slatten Ranch Shopping Center in the City of Antioch.  On arrival, it was learned a 23 year old female driver of a white pickup truck had been westbound on Lone Tree Way prior to the collision. She failed to stop for a red traffic signal and collided with a vehicle that was turning into the shopping center from eastbound Lone Tree Way. These vehicles then collided with another vehicle turning out of the Shopping center onto westbound Lone Tree Way.

The collision caused the pickup truck to roll several times along Lone Tree Way and ejected the unrestrained female driver. The female driver and sole occupant of the truck was found deceased along side of her vehicle. The occupants of the other vehicles were transported to area hospitals with non-life threatening injuries.

The Antioch Police Department Traffic Unit responded and is currently investigating this collision. All names are being withheld at this time due to the nature of this incident and the notification of the next of kin. There will be no further information available at this time. It is suspected that speed and alcohol were involved in the cause of this collision.

This investigation is ongoing and anyone with information regarding this incident is encouraged to call the Antioch Police at (925) 778-2441. You may also text a tip to 274637 (CRIMES) using key word ANTIOCH.

See more photos of the accident scene on the Antioch Herald Facebook page.

By Allen Payton

In the District 3 race for Contra Costa County Supervisor, East Bay Regional Parks District Director Diane Burgis beat Brentwood City Council Member during Tuesday’s elections by a wide margin of 59.45% to 40.31%.  In the hard fought battle to replace outgoing three-term incumbent Mary Nejedly Piepho, Burgis placed second in the primary behind Barr, but was able to best him in the General Election.

The latest results from the County Elections office, as of Thursday afternoon give the former Oakley Councilwoman 31,287 votes to 21,580 for Barr, a former Liberty Union High School District Board Trustee. There were another 131 write-in votes in the contest. But, as of Wednesday, there were about 180,000 votes left to be counted in the county, according to County Clerk Joe Canciamilla. That represented almost 37% of the vote.

Burgis issued a statement on Veterans Day, Friday, November 11th, offering her thanks for the victory.

“I am honored to have earned the vote—and the trust—of tens of thousands of voters in District Three. I look forward to representing our community as Supervisor for the next four years.

Since this campaign first began, I have had the privilege to meet thousands of our neighbors and community members, and hear their stories as a candidate for Supervisor. I am so grateful to all of those that gave our campaign their time as we sat down at kitchen tables, in offices or on people’s doorsteps.

My heart has grown a few sizes as I have met countless people who are absolutely dedicated to their community. People who are willing to fight for what is right, take time out of their busy day and work diligently to make our County a better place. It gives me great hope for our community.

I am proud of what we have built here in East County and I am committed to helping us meet our potential. I look forward to what we will accomplish, now that the hard work of campaigning begins to transition to the hard work of governing.

I particularly want to thank everyone who has joined my campaign and gave countless hours in serving our community. Including dozens of local leaders, hundreds of dedicated volunteers and our bravest citizens: our sheriffs, firefighters, nurses and police.

Now we must look forward and work together to accomplish our priorities: faster fire and emergency medical response times, more effective community policing, a pristine Delta, a balanced budget, a strong public transportation network and reduced traffic.

I look forward to working with you as we do what we can to improve our community.

Please visit www.dianeburgis.com to sign up for updates. Thank you.”

The County Elections office has until December 8th to certify the election. Burgis will take her seat on the Board of Supervisors following that.

 

 

Principal marched with them, Pittsburg Superintendent downplays, Antioch Police Chief wants answers

By Lieutenant Tony Morefield #3320, Antioch Police Watch Commander Patrol Division and Antioch Police Chief Allan Cantando

On Thursday, November 10, 2016, at approximately 10:04 AM, the Antioch Police Department received word from the Pittsburg Police Department of a large (Anti-Trump) protest of approximately 200 to 400 Pittsburg High School Students along with their Principal headed into the City of Antioch. These protestors headed through Century Plaza in Pittsburg and into Antioch on Auto Center Way and Sycamore Drive, causing significant hazard and traffic delays in the area.

They then made their way to the Antioch High School campus in an apparent effort to involve students there. Antioch High was placed on lockdown, but this did not stop the protestors from damaging school property (knocking down fences and kicking over trash cans) before leaving that campus and heading toward Antioch Middle School. Antioch Middle was also placed on lockdown as was Live Oak High School and nearby Fremont Elementary School due to the protest, though the protestors never made it that far.

These Pittsburg High protestors continued to cause havoc on Antioch campuses and in the surrounding neighborhoods for over two hours and 15 Antioch Police Officers were tied up dealing with this protest causing a significant strain on resources. Evening shifts to be called in early. This resulted in numerous priority calls for service in the city having to wait for officers to respond.

Three male juveniles, ages 13, 15 and 17, all Pittsburg residents, were arrested during the protest: one for throwing a dangerous object at a police car, trespassing on school grounds and being a disruptive presence at school, one for inciting a fight with an area resident, trespassing on school grounds and resisting a police officer, and one for assaulting a police officer.

There is no estimate on any damage caused to Antioch High or Antioch Middle School at this time. It appears that very few Antioch students were involved in this incident. Most of the Pittsburg High Students eventually walked back to Century Plaza in Pittsburg and a few were rounded up onto school buses and taken back to their campus.

Chief Cantando Responds, Shares Pittsburg Superintendent’s Message

“In a post on the Antioch Police Department’s Facebook page at about 3:30 p.m., Chief Allan Cantando wrote the following:

“Many of you have inundated our department with inquiry regarding the incident on Century Blvd., Sycamore Dr., and in front of Antioch High School regarding student protestors in our city. Your observations were correct. Today, at approximately 10:00 AM students from Pittsburg High School and Black Diamond High School (in Pittsburg) marched to the City of Antioch and blocked traffic, knocked over garbage cans, assaulted one of our police officers, and trespassed at Antioch High School trying to incite Antioch High School students who were in class. As a result, three Pittsburg students were arrested.

The actions of these students caused the Antioch Unified School District (AUSD) to respond by locking down Antioch High School, Antioch Middle School, Live Oak High School, and Fremont Elementary School. During this incident, these students were accompanied by Pittsburg High School Principal, Todd Whitmire. We are still confirming, but there is some indication that this incident began as a rally at Pittsburg High School.

This incident tied up 15 Antioch Police Officers for approximately 2 hours.

During this incident I was in direct contact with AUSD Superintendent, Stephanie Anello, who immediately took a leadership role in assisting our department. During my conversation with Anello, I requested she contact Pittsburg Unified School District (PUSD) Superintendent Schulze to send an automated message to the Pittsburg students’ parents indicating that their children were off campus, out of the city of Pittsburg, and involved in a protest in Antioch. Approximately two hours later, the following statement was issued by Pittsburg Unified School District Superintendent, Janet Schulze:

‘This Presidential election has been especially emotional. In dealing with differences and moving forward, we have to respect feelings and work in community. Today some of our high school students, like many across the Bay Area and country, organized, via social media, a peaceful protest and walk-out to protest the Presidential election.

The District always prefers to have all students in class, however, we do understand some students are passionate about the recent election.

Our staff and Pittsburg Police Department followed procedures to insure their safety, which is always a top priority. Some of the students returned to the high school and a group of approximately 200 students headed towards Antioch High School. The District informed Antioch High School and sent busses to pick up students outside Antioch High School.

Unfortunately, a small number of the students were unresponsive to directives to return to school and get on the bus. Another group of students decided to walk back to the high school. Those situations will be managed on an individual basis and students will receive appropriate consequences for their behaviors.

At this time, students have returned to school. We appreciate the professionalism and cooperation of the Antioch High School staff and the Antioch Police Department in working with us and the Pittsburg Police Department to insure all students remain safe.’

Although I appreciate the comments made by PUSD Superintendent Schulze, the statement is extremely brief and does not adequately portray the incident. This incident raises serious concerns as it impacted the police services to our Antioch citizens as well as to the Pittsburg Citizens. Because of the impact to the City of Antioch, I will be attending the next PUSD board meeting to ask several questions including:

1. Was there a school or district sanctioned Anti-Trump rally?

2. Did school or district staff encourage the protest?

3. Was school staff aware the students planned on leaving the campus?

4. Were parents aware that their students would be participating in the rally?

5. When students left the campus, were they supervised? If so, by whom?

6. What is the district policy regarding student to staff supervision ratios during off-campus activities?

7. When the students left the campus, when and how were parents informed?

8. If the students were supervised, will the district take disciplinary action against the students who committed criminal acts?

9. What was the schools plan or policy to deal with a child who may be injured during an off campus protest should it occur?

Lastly, I am extremely proud of our officers, AUSD staff, AUSD students, Pittsburg Police Department, and the citizens who patiently waited for us to respond to their calls for service.”

Antioch School District Message to Parents

Anello shared the message sent out to parents, Thursday afternoon, through the auto-dialer from Associate Superintendent for Educational Services, Dr. Adam Clark regarding the incident yesterday.

Good afternoon,

This morning a large number of students from Pittsburg High School walked out of school to protest. These students traveled on foot to Antioch High School and attempted to convince other students to join their protest. Police from Antioch and Pittsburg were there to ensure that all students remained safe. As a precautionary measure, Antioch High, Antioch Middle, Fremont, and Live Oak all locked down for approximately one half hour. Please do not hesitate to contact us should you have further questions or concerns.

Thank you,

Adam

Antioch High Principal’s Message

In an email message to school district staff, Antioch High School Principal Louie Rocha thanked his school’s staff and students for how they responded to the situation and reported that some Pittsburg High students made it onto the Antioch campus.

I want to commend our school staff for their collective effort in securing our campus during the School Lockdown. Thanks to the team work of our site safety security, front office staff, teachers, school administrators and students we were able to prevent our students from being in harm’s way of a large number of Pittsburg High School students who walked out of school this morning and attempted to enter our campus.

There was a small group of Pittsburg students who were able to gain access via the Don Richardson Gym entrance. The non-students ran through the PE area and exited out of campus on to 18th Street. The Antioch and Pittsburg Police Departments arrived on site to prevent the non-students from disrupting our school day. We had a small number of AHS students who exited the main entrance gate to join the unruly crowd. However once I informed them that I was going to lock down the school preventing them from re-entering they decided to return to campus without incident. The Pittsburg High School students continued down 18th and G Streets.

The lockdown continued because the non-students returned back to 18th Street in front of our main entrance and were escorted by the Antioch and Police Departments back to L Street in the direction of the city of Pittsburg. At that point, classes were released to their regular school schedule to their 5th period classes or first lunch.

I am proud of the team work demonstrated today and our students conduct when faced with unruly students from another high school. I am looking forward to the Veteran’s Day Holiday, and wish all of you an enjoyable weekend with your family and friends.

Louie Rocha

Principal of Antioch High School

Another Protest in Concord

At approximately 9:00 a.m. a witness reported a seeing a group of protesters walking on the Olivera Road overpass, above Route 242 in Concord, blocking traffic. They appeared to be of high school age and possibly from Mt. Diablo High School, nearby. A short time later, a police officer said the overpass was cleared, as the protesters had reached the other side, near Glenbrook Middle School.

Allen Payton contributed to this report.