Only filed Form 410 for his not yet qualified anti-recall committee on Dec. 9, 2021; once committee qualified with $2,000 in contributions or expenditures he was required to file Amended form; 460 form was likely due Jan. 31, 2022; neither report yet on City’s website; questions go unanswered

By Allen D. Payton

Antioch Mayor Lamar Thorpe has either not yet filed at least one and possibly two of his required beat the recall campaign committee’s finance reports or his self-described “best friend”, City Clerk Ellie Householder is helping him keep that information from the public. As previously reported, according to the state Fair Political Practices Commission (FPPC) a committee is qualified once it receives contributions or makes expenditures of $2,000 or more. (See related article)

CORRECTION: In that article it was reported that Thorpe’s campaign to beat the recall filed its Form 410 showing he had formed the committee on Dec. 9, 2021. However, this reporter missed the fact that the box next to “Not yet qualified” was marked. Based on that oversight, I incorrectly claimed Thorpe was in violation of state campaign finance law because his committee did not file a Form 460 report by the Jan. 31, 2022, deadline showing who contributed $100 or more and the amounts, as well as expenses paid prior to Dec. 31, 2021. For that, I apologize.

Thorpe Still Possibly in Violation

Yet, while the article was incorrect that a Form 460 was required by Jan. 31, 2022, based on filing a Form 410 prior to Dec. 31, 2021, because the committee was not yet qualified, Thorpe was and is still in violation of state campaign finance law if he hasn’t yet filed an Amended Form 410 showing his committee is now qualified. That form was due within 10 days of his committee meeting the $2,000 threshold.

According to a Jan. 15 post on his official Facebook page, Thorpe claims he had raised “over $80,000” for his beat the recall committee. But as of May 2, the required Amended Form 410, showing his committee became qualified, is still not on the City Clerk’s website and neither he nor Householder will say if he has yet submitted it.

If Thorpe hasn’t, he is in violation of state campaign finance law and withholding that information from the public that voters have a right to know. If he did submit the Amended Form 410, then Householder is withholding that information from the public by not uploading it to the City Clerk’s website.

PAC Contribution on Dec. 20, 2021 Triggered Thorpe’s Reporting Requirements IF Received by Dec. 31

Plus, since then, it was learned that a contribution of $2,500 was made to Thorpe’s committee on Dec. 20, 2021, just 11 days after he filed his original Form 410 which should have triggered the filing of an Amended Form 410 by Dec. 30 and the filing of a Form 460 by Jan. 31, 2021. But no one will say when the contribution was received by Thorpe’s campaign committee or when the check was cashed. If it was on or after Jan. 1, 2022, then the Form 460 wasn’t due by Jan. 31, 2022, and isn’t due until August 1, and shows someone intentionally delayed the receipt of the contribution.

According to the NetFile website, which publicly reports campaign finance transactions, and the Contra Costa County Elections website on Dec. 20, 2021, a contribution of $2,500 from the Martinez-based union local IBEW 302 Community Candidates Political Action Committee (PAC) was made to the “Stop the Karen Recall for Mayor Lamar Thorpe 2022” committee, for which he is the controlling officeholder or candidate.

The PAC’s 1,201-page Form 460 reports it on both Schedule D, page 1,196 for Summary of Expenditures Supporting/Opposing Other Candidates, Measures and Committees and Schedule E, page 1,199 for Payments Made. Schedule D lists the “Recall for Mayor Lamar Thorpe City of Antioch” with the box marked next to “Oppose”. On Schedule E the expense is listed being made to “Stop the Karen Recall for Mayor Lamar Thorpe (ID# Pending) Antioch, CA 94531”. IBEW 302 Community Candidates PAC 460 form p1196 Thorpe Sched D    IBEW 302 Community Candidates PAC 460 form p1199 Thorpe Sched E

But neither his Amended Form 410 nor his Form 460 had yet been posted on the City’s website as of Monday, May 2 only his original Form 410 filed on Dec. 9, 2021.

Householder Appears to be Using Incorrect Finance Report Filing Schedule

Householder, in a Facebook post on her official City Clerk page on Monday, April 25, finally provided the 2022 reporting schedule that her office is following for Thorpe’s recall committee’s finances, which this reporter had requested before the previous article was published. It’s entitled “Campaign Filing Schedule for Committees Primarily Formed to Support/Oppose Local Measures Not Being Voted Upon in 2022” and shows, that the first 460 report is not required to be filed until Aug. 1, 2022.

However, this reporter was following a different, 2021 reporting schedule, entitled “Filing Schedule for Local Candidates and Officeholders (Including Superior Court Judges) Not Being Voted Upon in 2021” which shows But another 2021 reporting schedule entitled, “2021 Filing Schedule for Committees Primarily Formed to Support/Oppose Local Measures Not Being Voted Upon in 2021” is the correct one to follow because a recall his considered a local measure. Assuming Thorpe received the $2,500 contribution from the IBEW prior to Dec. 31, 2021, the mayor was required to file a 460 report for campaign finances between July 1 and Dec. 31, 2021, because his beat the recall committee had become qualified by receiving at least $2,000.

Questions for Thorpe, Householder, Deputy City Clerk Go Unanswered

Questions were sent via email to Thorpe, Householder and Deputy City Clerk Christina Garcia Monday, April 25, 2022, asking about the date his committee had met the qualification threshold and if his Amended Form 410 had been filed with the City Clerk’s office, as well as requesting a copy.

Thorpe was asked, “if your committee to beat the recall wasn’t yet qualified on Dec. 9, 2021, when you filed your 410 form, why did you file it that day? Were you anticipating contributions of at least $2,000 shortly thereafter that would trigger qualifying as a committee? What date did it qualify as a committee? Have you or your treasurer filed the committee’s Amended 410 form showing the date it qualified?”

Householder and Garcia were asked, “if his committee has filed its Amended 410 form, does your office have a copy? If so, can you please provide it to me? Also, if so, why hasn’t the committee’s Amended 410 form been posted, yet on the City Clerk’s website?”

In addition, Householder was asked on her official Facebook page who told her to follow the campaign finance report filing schedule she’s following for Thorpe’s recall.

Additional questions were emailed to all three on Tuesday afternoon, April 26. Thorpe was asked about the $2,500 contribution made by the IBEW PAC on Dec. 20, 2021 and why he didn’t file his Amended Form 410 within 10 days by Thursday, Dec. 30, and if not, why not and has he done so since then. He was also asked why he didn’t file a Form 460 by Jan. 31, 2022, for that contribution and any others, plus any expenditures made by his committee prior to Dec. 31. https://netfile.com/connect2/api/public/image/201824202

Householder and Garcia were asked if they were aware of the contribution of $2,500 from the IBEW 302 Community Candidates PAC on Dec. 20, 2021, to the Stop the #KAREN Recall for Mayor Lamar Thorpe 2022 committee. In addition, they were asked if so, why they would think Thorpe’s campaign committee wasn’t required to follow the 2021 filing schedule but instead, they are following the 2022 filing schedule, and who advised them to follow the schedule for 2022 instead of 2021.

They were also asked, “didn’t that contribution trigger the requirement for Lamar to file his Amended 410 form since his committee became qualified on that date?” and “didn’t it also trigger the requirement for him to file a Form 460 report by Jan. 31, 2022, since the contribution to his committee was made prior to Dec. 31, 2021?”

Additional unsuccessful attempts were made via phone call to both Thorpe and Householder to obtain answers to the questions. In addition, Thorpe was asked when he received the check from IBEW 302 PAC and if they were asked to hold it until after Jan. 1, so no Form 460 report would be due from Thorpe’s committee by Jan. 31, 2021.

Questions for IBEW PAC Treasurer Also Go Unanswered

Multiple attempts to reach Thomas Hansen the treasurer for the IBEW 302 PAC asking when the check to Thorpe’s committee was cashed were unsuccessful.

Three, anonymous complaints have been filed with the FPPC about Thorpe’s campaign committee finances. A separate report with additional details will be provided on this website, later this week.

Please check back later for any updates to this report.

Vendors needed

The Streets of Brentwood shopping center brings you a special day to celebrate Mom! A day full of live music, dancers, and performers along with a sparkling array of select local artisans. This event is the day before Mother’s Day, and the shopping is on!

SATURDAY, MAY 7 10AM-3PM

THE STREETS OF BRENTWOOD

One Day Only in Center Court

2455 Sand Creek Road, Brentwood

11AM-2PM
FREE* $10 Gift Card

11AM-1PM
FREE Entertainment

10AM-3PM
Small “pop-up” Market

Vendors who would like to participate can contact Claudette or Johnny at 510-220-1609 or email jstatonprod@aol.com. More for Mom May 7th – local artisan vendor info

*With original receipt(s) totaling $75 or more from any The Streets of Brentwood retailer or restaurant, while supplies last. One gift card per customer, per receipt(s). To redeem, randomly draw your $10 The Streets of Brentwood Tenant Gift Card in Center Court from 11AM-2PM. No Exchanges Please. 

Will wait for November vote on referendum of statewide ban; approves six-year contract extension for city attorney on 5-0 vote

By Allen D. Payton

After much outcry from tobacco retailers in Antioch, the city council on Tuesday night April 26, 2022, agreed to suspend their previously approved ban on the sale of some tobacco and vaping products through December 1. No vote was taken, so the ban remains in place, but city staff was directed to suspend enforcement.

In addition, the council voted unanimously to approve an unusual six-year extension to the contract with Smith. Normal contracts with city attorneys and managers are three-to-five years in length. City Attorney contract extension ACC042622

Tobacco Retail Ban Grace Period

The ban was approved on a 3-2 vote on Feb. 22, with Mayor Pro Tem Mike Barbanica and District 1 Councilwoman Tamisha Torres-Walker opposing. Tobacco Retail Sales Ban ACC022222

It was in response to an effort by Antioch youth seeking to keep flavored tobacco products from being sold to and used by young people. The Council previously considered this topic at its May 25, 2021, meeting during a detailed presentation of a survey by the Youth Tobacco Advocacy Policy Project (YTAPP). The ban went into effect on April 7, this year. YTAPP Presentation ACC052521

According to the city staff report for the April 26 council meeting agenda item, “Since passing the ordinance, the City Council has heard public comment from tobacco retailers and businesses selling tobacco products expressing the desire for a grace period temporarily suspending the implementation of new restrictions on sales of tobacco or tobacco products with characterizing flavor, electronic cigarettes, cigars, and little cigars to enable businesses to sell their existing inventory and transition into compliance with the new ordinance.”

One of the complaints from the retailers was that the city ordinance didn’t create a level playing field with those in neighboring cities. The council was asked to wait until after a November vote on a referendum on the state law passed in 2020 banning flavored tobacco products. According to the L.A. Times the statewide ban was suspended in January 2021 after the referendum by the tobacco industry qualified for the ballot.

Another complaint was that the ordinance didn’t give the retailers time to sell the products they already had in stock. A third complaint was that the retailers weren’t notified by the City of the impending ban or suspension of enforcement prior to either council meeting.

According to a report by the FDA, “Flavors are added to tobacco products to improve flavor and taste by reducing the harshness, bitterness, and astringency. However, the use of flavors in tobacco products raises important public health questions. For example, FDA is aware of early reports that some flavors could help adult cigarette smokers switch to potentially less harmful tobacco products. On the flip side, research has shown that sweet-tasting flavors are particularly appealing to youth and young adults.

In 2020, non-Hispanic Black high school students reported past 30-day cigar smoking at levels twice as high as their White counterparts. Nearly 74% of youth aged 12-17 who use cigars say they smoke cigars because they come in flavors they enjoy. Among youth who have ever tried a cigar, 68% of cigarillo users and 56% of filtered cigar users report that their first cigar was a flavored product. Moreover, in 2020, more young people tried a cigar every day than tried a cigarette.”

During the April 26 meeting the council gave direction to City Attorney Thomas L. Smith to prepare an amendment to the tobacco ordinance implementing a grace period until December 1, to focus on community education and suspend enforcement until the passage of the amendment to the ordinance.

Council Comments

District 3 Councilwoman Lori Ogorchock spoke in favor of the grace period to applause from the audience saying, “I’m looking for the businesses to make a real, concerted effort to make sure none of these flavored, menthol cigarettes get into the hands of kids. I hope there’s something you can do education-wise.”

“I was not in for this from the start,” Barbanica stated. “I didn’t support it. I think it harms our local businesses. Please continue to police yourself. But I’m in support of staying this until at least Dec. 1st until we see what the state does. I think this was an overreach on our part and we need to be consistent with state law and not harm our local businesses.”

While Mayor Lamar Thorpe said he could support the grace period he also stated, “But I will not be changing my mind irrespective of what the voters of California do. I’m sticking to what I originally did.”

District 4 Councilwoman Monica Wilson said she could also support the grace period but wanted to focus on a community education component. “Not sure about Dec. 1, but I can support the grace period.”

“I heard people say, ‘Big Tobacco, Big Tobacco’,” Torres-Walker said, speaking in support of the grace period. “This is not Big Tobacco sitting out here. They’re family-owned businesses.”

Advisory Notice Sent April 25

The following notice was sent by the City to businesses via email on Monday, April 25 providing details on the ban:

“ADVISORY NOTICE:

FOR BUSINESSES ENGAGED IN RETAIL SALES OF TOBACCO AND
VAPING PRODUCTS FOR USE WITH TOBACCO

This notice is to inform local businesses of recent changes to City ordinances impacting retail sales within the City of Antioch. The intent of the referenced policies is to provide a healthy, safe environment for all City residents by reducing the adverse effects of cigarettes and related tobacco products, especially as it relates to youth.

As of April 7, 2022, the following changes to the City of Antioch Municipal Code will become effective:
1. The number of new tobacco retailers shall be restricted.

2. Tobacco retailers are prohibited from selling or possessing tobacco products with the characteristic of being “flavored”, including but not limited to mint, menthol or chocolate.
3. New businesses with tobacco sales and vaping products for use with tobacco shall maintain a minimum distance of at least 1,000 feet from schools and similar uses.
4. Electronic smoking devices and e-cigarettes for sale for use with tobacco or tobacco sales are banned in all retail establishments.
5. A minimum package size for little cigars (cigarillos) is restricted to twenty and cigars is restricted to six.
6. A minimum price of $10 per package, including applicable fees and taxes, is set for tobacco products, including cigarettes, little cigars (cigarillos) or cigars.

The City respectfully requests your cooperation. On a going forward basis, City of Antioch’s Code Enforcement Division will address compliance matters.

For additional background information, see items F and G at https://www.antiochca.gov/fc/government/agendas/CityCouncil/2022/agendas/030822/030822.pdf
Should you have questions regarding retail sales of tobacco and vaping products for use with tobacco, please contact the City of Antioch Community Development Department, Code Enforcement Division at 925.779.7042.”

Retailers who sell the products complained about the impact on their businesses and asked the council to wait until the vote on a November ballot measure was decided, that would create a statewide ban. The retailers wanted a level playing field. The council members agreed.”

The enforcement of the ordinance is currently suspended. The council is expected to vote on the grace period during their next meeting on Tuesday, May 10.

Bike to Work Day returns May 20 after two-year absence

This month, Bike Month and “Bike to Wherever Days” (BTWD) once again will roll across the nine counties of the Bay Area, and include the return of Bike to Work Day on May 20.

For the first time in two years, many employees are beginning to return to their offices, small businesses are seeing a rise in customers and clients, and bicycles once again are being used for commuting – as well as exercise, recreation, traveling to school, running errands and more.

As a result, BTWD 2022 – the event’s 28th year – will be a celebration throughout the entire month of May and will be highlighted by Bike to Work Day, which was modified the last two years due to the pandemic.

“The return of Bike to Work Day is another indicator that life in the Bay Area is slowly, but surely, getting back to normal,” said Alfredo Pedroza, MTC Chairman and Napa County Supervisor. “What better way to celebrate than by getting outdoors and biking. The May events highlight all the many benefits of bicycling, and we want everyone to participate.”

BTWD brings together the nine Bay Area counties to celebrate bicycling, helps new and experienced riders build community, promotes pedaling as a means of transportation, while benefitting the health of residents and the environment.

During Bike Month, county bike coalitions offer classes, activities, education and more. And while each county celebrates all cyclists within its boundaries, one dedicated rider is chosen as its Bike Champion of the Year. This year’s award winners will be announced in late April.

For those who need a little extra encouragement to ride during May – and after Bike Month is over – riders are encouraged to make a pledge to cycle through their respective county coalitions. Details on how to make that pledge – and to learn more about what’s going on in each county – can be found at Bayareabiketowork.com.

Details about Bike to Wherever Days can also be found online at Bayareabiketowork.com. Follow on Facebook at @biketoworkday, Twitter @BikeToWorkSFBay, and Instagram @biketoworkday_bayarea.

Bay Area Bike to Wherever Days is presented by MTC (the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area), 511 (the region’s traveler information system) and Amazon. BTWD 2022 also receives regional support from the Bay Area Air Quality Management District (BAAQMD), and Bay Area Rapid Transit (BART), as well as from many sponsors at the local level. Prizes for the Bike Champion of the Year winners were donated by the Association of Bay Area Governments (ABAG), the Bay Area Air Quality Management District, Better World Club and Mike’s Bikes.