Thorpe, Torres-Walker, Wilson claim they voted to hire legal counsel after being told not to by city attorney three times according to Barbanica; Ogorchock claims no formal action was taken; mayor says she’s “playing games”

By Allen D. Payton

At the beginning of the regular meeting of the Antioch City Council on Tuesday, April 25, 2023, City Attorney Thomas L. Smith reported out from Closed Session that there was “no reportable action” on the lawsuit against the City, six police officers and three police chiefs over the racist texts and other actions. There was also no reportable action on the performance evaluation of the city attorney.

Then, during the Consent Calendar portion of the agenda, District 3 Councilwoman Lori Ogorchock requested Items C, M and O be pulled and voted on separately. The council removed those three items and approved the other items on a 5-0 vote.

The only matter of contention during the meeting was Item O on the Consent Calendar, regarding paying fees totaling almost $39,000 to an outside attorney hired on a procedurally invalid contract by City Manager Con Johnson. (See related articles here and here)

Resident Andrew Becker was the only member of the public to speak on the item. He said, “I don’t understand why the mayor is having communications with outside counsel, outside these chambers. There are no report outs.”

Mayor Lamar Thorpe laughed in response saying, “Mostly inaccurate, Andrew. But thank you.”

District 2 Councilman Mike Barbanica said, “I’ve gotten a lot of calls about this. I can’t talk about personnel matters. This is titled an invalid contract. I want to make it crystal clear. I have not supported this contract. I don’t support this contract. The city attorney has warned us three times we can’t support this invalid contract. But this is why we ended up where we are.”

“I too did not vote on this,” Ogorchock stated. “There was no formal council action on this. I, too, do not believe in this contract.”

“I just want to let the public know I did vote on this, and we are supposed to have legal counsel to notify what we can or can’t do,” Mayor Pro Tem Tamisha Torres-Walker said. “Who is watching over the people who are watching over the people?”

“I too voted for this because we needed outside oversight,” District 4 Councilwoman Monica Wilson said.

“I can only say ‘ditto’ to what the two council members said,” Thorpe said. “Not asking questions is how we got to where we are.”

“Our city manager and city attorney work for this body. Period. They are not our veto power. They don’t tell us what to do. We tell them what to do,” he continued. “Was there maybe something procedurally done, here? I don’t give a damn. We’re going to do what we need to do to ensure we have accountability in this city. It doesn’t matter who it is…if it’s the city attorney. We’re going to fix this and bring back a proper process.”

Ogorchock said, “I’d like to know what that meeting was about…and the half hour meeting.”

“I know the game you’re trying to play, Councilwoman Ogorchock…I get the little games. We’re not playing the games,” Thorpe shot back.

“It was to brief us on the very packet that was put on the agenda. I included Mayor Pro Tem Torres-Walker because I was in and out because of my father,” Thorpe responded.

The second one, the conversation had to do with personnel matters so I’m not going to discuss it,” he added.

“There are people who believe in accountability and there are those who don’t. We do,” Thorpe stated.

The motion passed 3-2 with Barbanica and Ogorchock voting no.

City’s first transitional housing program; Mayor Thorpe to present four women with Keys to the City

Antioch Mayor Lamar Thorpe cordially invites the public to the official ribbon cutting ceremony of the city’s first transitional housing program at the Executive Inn at 515 East 18th Street. (See related articles here and here)

The program aims to provide chronically homeless adults with a safe place to stay while connecting them with resources to transition into more stable or permanent housing.

The ceremony will take place at 11:00 a.m. Thursday, April 26, 2023. It will include invited special guests Vicki Proctor, Nichole Gardner of Facing Homelessness in Antioch, former Assistant City Manager Rosanna Bayon Moore, and former Councilwoman Joy Motts who were instrumental in their support for the project. They will each be presented with a Key to the City – Antioch’s highest and most respected honor and recognition – by the mayor.

Posts on Thorpe’s official Facebook page read, “All four of you played a major role in realizing the transformation of the Executive Inn into a place of hope and opportunity for unhoused residents. From planting the seeds of growth to overseeing its development. It has been a long and painstaking journey, but the time as arrived to officially open its doors. Congratulations.”

According to the event’s invitation, “In 2020, then Councilmembers Lamar Thorpe and Joy Motts proposed the city lease the Executive Inn to help get homeless people out of encampments and into temporary housing.

Long in the making, Antioch will be launching its first Non-Congregate Bridge Housing Program. The program aims to provide chronically homeless adults with a safe place to stay while connecting them with resources to transition into more stable or permanent housing.

Trained staff will be on-site at the motel 24/7.

The program will work closely with Contra Costa County’s homelessness response program and will be geared towrds adults without children who have been staying outdoors or in vehicles. A maximum of 45 people can be housed there at a time, with the typical stay expected to be 120 to 180 days. This means that about 135 individuals can be served throughout the year.”

To RSVP for the ribbon cutting click here.

Allen D. Payton contributed to this report.

By Candice Martin, DCRR Racing Media 

Antioch, CA…April 22…Kenny Shrader of Pacheco won the 20 lap IMCA Sport Modified Main Event Saturday night at Antioch Speedway. Last year’s Bill Bowers Memorial winner had led several laps a week ago before mechanical gremlins sent him to the sidelines.

2019 champion Tommy Fraser of Antioch took the early lead ahead of Shrader, but Shrader moved into the lead on a Lap 4 restart ahead of Jason Ryan Jr of Oakley. However, Fraser went around the outside of Ryan to take second on Lap 5. Ryan hit the wall after relinquishing third to Mark Garner of Antioch on Lap 15. Shrader drove a flawless race and scored the victory ahead of Fraser. Reigning champion Fred Ryland of Brentwood made a late move to finish third ahead of Garner and Trevor Clymens of Brentwood.

Grayson Baca of Brentwood won the 20 lap Pacific Coast General Engineering Hobby Stock Main Event. Aidan Ponciano of Oakley took the early lead ahead of Taylor DeCarlo of Martinez, but Baca and Danny Wagner of Bay Point moved into second and third on Lap 6. Baca slipped past Ponciano for the lead on Lap 8 before a yellow flag waved for a spin in Turn 4.

Baca led the restart as Wagner got around Ponciano for second. However, Wagner made contact with a slower car in Turn 4 as he attempted to get around Baca for the lead. This resulted in a flat tire as Baca regained the lead. Ponciano was back in second, but he spun in turn 4, handing second to Michaela Taylor of Oakley. Baca Led the rest of the way for the win ahead of Taylor, Ken Johns of Antioch, Jared Baugh of Pittsburg and DeCarlo

Five-time IMCA Modified champion Troy Foulger of Martinez won the 20 lap IMCA Stock Car Main Event. Reigning champion Travis Dutra of Concord set the early pace ahead of Jason Robles of Rio Vista and Raymond Noland of Porterville. However, Noland got sideways in Turn 4, resulting in Robles spinning to avoid contact for a yellow flag on Lap 5. Dutra found himself in a serious challenge for the lead on the restart, and a three-wide run going through Turns 3 and 4 resulted in Foulger using the middle line to take the lead. Noland motored his way into second at that point. Brentwood’s Fred Ryland made a Turn 2 pass on Dutra for third on Lap 11. Foulger built a straightaway advantage over the remaining laps to win ahead of Noland, Ryland, Dutra and Robles.

Tom Davis of Los Molinos won the 20 lap Print Club Mini Stock Main Event. Santa Rosa’s Tom Brown raced into the early lead ahead of Davis, but Davis used an outside frontstretch pass on Lap 6 to take the lead. Pittsburg’s Don Abitz was running a close third, but he got slowed up in traffic and fell behind the leaders. A low move in Turn 2 on Lap 8 put Brown back into the lead, but he again surrendered the point to Davis in Turn 4 two laps later. Davis led the rest of the way to win ahead of Brown, Abitz, Patrick Kelley of Clovis and David Carson of Antioch.

Racing continues next week with the NARC Fujitsu Winged 410 Sprint Cars in action for their lone appearance of the season. The IMCA Modifieds kick off their championship season along with a NorCal/Delta Dwarf Car shootout and IMCA Stock Cars. For further information, go to www.antiochspeedway.com.

Unofficial Race Results – Antioch Speedway April 22

IMCA Sport Modifieds 

Heat winners (8 laps)-Kenny Shrader, Kelly Campanile. Main Event (20 laps)-Kenny Shrader, Tommy Fraser, Fred Ryland, Mark Garner, Trevor Clymens, Jacob Mallet Jr, Joseph Pato, Kelly Campanile, Matt Pitts, Jason Ryan Jr.

Pacific Coast General Engineering Hobby Stocks

Heat Winners (8 laps)-Kevin Brown, Danny Wagner, Grayson Baca. Main Event (20 laps)-Grayson Baca. Michaela Taylor, Ken Johns, Jared Baugh, Taylor DeCarlo, Jess Paladino, Aidan Ponciano, Kevin Brown, James Graessle, Colten Haney.

IMCA Stock Car 

Heat Winner (8 laps)-Raymond Noland. Main Event (20 laps)-Troy Foulger, Raymond Noland, Fred Ryland, Travis Dutra, Jason Robles, Kenneth Robles, Jeff Bentancourt.

Print Club Mini Stocks 

Heat Winner (8 laps)-Tom Davis. Main Event (20 laps)-Tom Davis, Tom Brown, Don Abitz, Patrick Kelley, David Carson. Tony Quinonez DNS.

On Wednesday, April 26, 2023, Antioch Mayor Lamar Thorpe will participate in a Community Conversation entitled Race Matters hosted by Delta Bay Community Church along with Dr. James L. Taylor, chair of the Politics Department at University of San Francisco. The conversation begins at 7 p.m. with doors opening at 6:30 p.m. and will be moderated by Pastor Dr. Lamont Francies. The church is located at 55 E.18th Street in Antioch.

NOTE: Apologies for the delay in publishing this press release which was not viewed in our email until today, Tuesday, April 25, 2023.

Washington, D.C. – On Thursday, April 20, 2023, Representatives Mark DeSaulnier (CA-10) and John Garamendi (CA-08) sent a letter to Attorney General Merrick Garland requesting the U.S. Department of Justice investigate the Antioch Police Department (APD) in Antioch, California following extremely troubling reports of racist, homophobic, and illegal conduct by law enforcement officers, demonstrating a pattern of unconstitutional discrimination, use of force, and violations of the constitutional rights of Antioch citizens.

“The recent report from the joint investigation by the Federal Bureau of Investigation and the Contra Costa County District Attorney’s Office revealed shocking and disturbing text messages and communications involving nearly four dozen former and current Antioch officers. In these messages, officers used racial slurs, shared homophobic and sexist comments, made threats against the Mayor, and revealed blatant violations of citizens’ constitutional rights. In one example, an APD officer admitted that he has falsified police reports to indicate that a suspect confessed when they had not. The messages also reveal disturbing images shared between the officers of citizens they have assaulted in hospital beds, and alarming comments and photos depicting and referencing African Americans as gorillas and monkeys,” the Members wrote.

“From this report, we know that at least 45 officers are involved in the specific text messages referenced, which is over half of the total 99 sworn officers currently employed by the Antioch Police Department. The messages in this report paint a clear picture of a systemic culture of racism, intolerance, and cruelty at the Antioch Police Department that is unacceptable for those sworn to protect and serve their community.”

“Given the egregiousness of the behavior outlined in the joint FBI and District Attorney’s report and the number of officers involved, we request that the Department initiate a Section 12601 investigation, or any other appropriate investigative or remediation effort, and respectfully request a response to this inquiry by May 5, 2023.”

A copy of the letter can be found here.

DeSaulnier took to social media to further express his feelings about the actions by Antioch police officers. In a tweet of a video of him speaking on the matter on his official Twitter feed on Thursday, DeSaulnier wrote, “I am horrified by the reported conduct of officers in the Antioch Police Department.”

Garamendi appeared on Al Sharpton’s Politics Nation show on MSNBC on Sunday to discuss the matter. In a tweet on his official Twitter feed on Monday, Garamendi wrote, “The despicable, racist, and immoral statements made by Antioch Police Department officers must be thoroughly investigated by the United States Department of Justice.”

Allen D. Payton contributed to this report.

By Allen D. Payton

Following the revelation in tonight’s Antioch City Council meeting agenda, that City Manager Con Johnson hired an outside attorney without proper permission of the city attorney, the first two invoices from the law firm were provided by Acting City Manager Forrest Ebbs today following multiple requests of city staff. The invoices show over $37,000 of work done including for closed session meetings with the city council and private meetings with Mayor Lamar Thorpe and Mayor Pro Tem Tamisha Torres-Walker. (See Item O. under Consent Calendar)

The invoices show work began on Oct. 17 under the auspices of a “procedurally invalid” contract, according to the city staff report on the item, before Johnson signed the contract on Nov. 4. Also, the first interaction Gregory Rolen – partner in the San Francisco law firm of Haight Brown & Bonesteel LLP – had with the council was on Oct 25, 2022 for “Travel to and from closed session/attend the closed session” billed at 3.6 hours. He charges a rate of $410 per hour.

In addition, almost all of the first bill dated Jan. 12, 2023, for a total of $30,107.20 covered work on the city attorney’s contract, statutory powers, “Rules of Professional Responsibility”, ethical responsibilities and obligations, and work with the city council and Human Resources Director Ana Chavez.

The second invoice dated Feb. 21, 2023 for a total of $7,231.75 included a meeting with Thorpe and Torres-Walker that lasted almost three hours. The invoice shows “01/10/2023 Meeting with Mayor and Vice Mayor” for 2.9 hours. Plus, it shows travel to and from meetings, attendance at the council meeting on Jan. 24, 2023, and another “Teleconference with mayor regarding regulation” for 0.7 hours on Jan. 31, 2023.

That’s in addition to the private half-hour-long meeting Rolen had with Thorpe on Feb. 2, 2023, described as “Teleconference with mayor regarding representation city manager” as previously reported.

Questions for City Attorney, HR Director

In response to the information in the first two invoices, questions were sent Tuesday afternoon to City Attorney Smith and Human Resources Director Ana Cortez. They were asked, “Since outside attorney Greg Rolen did work regarding the city attorney’s contract can you please provide his current contract? Was it renewed for another three years in 2022 and does it run through 2025?”

Smith’s original contract began March 1, 2019 and lasted three years following the council’s 5-0 vote on Feb. 5 to hire him.

Cortez was asked why she worked with the outside attorney and if the city manager directed her to do so. She was also asked if she consulted with Smith to determine if it was proper before incurring the cost to the City.

Smith was asked, since the work was done under a ‘procedurally invalid’ contract, was the work product destroyed or must it be, or can it still be used, and what was the final product from Rolen’s work.

More Questions for Thorpe, Walker, Other Councilmembers

An email was sent to all five council members late Tuesday afternoon asking, “Now that city staff provided the first two invoices from attorney Greg Rolen of Haight Brown & Bonesteel LLP, do you have any comment? Did any of you ask why an outside attorney was meeting with you in closed session?”

It was pointed out to them information from the first invoice showing, “12/04/2022 Initiate legal research concerning statutory powers of city Attorney” for 0.90 hours and on “12/05/2022 Locate, review and analyze city Attorney employment agreement” for 1.90 hours.

They were asked, “did the council ask Rolen to do that? Why? Did you not think to look at the Feb. 5, 2019 City Council Agenda item when Thomas was hired? It shows his original contract lasted three years.  See Item #10 – 020519.pdf (antiochca.gov) Assuming it was renewed in 2022, it’s safe to say it was done so for another three years through 2025.

Thorpe and Walker were then asked, “why did you have a meeting with Rolen on Jan. 10, 2023 for almost three hours, separate from the other three council members? What did you discuss with him, which is not privileged as it was done under a “procedurally invalid” contract? Why weren’t the other council members included? Shouldn’t you pay for the cost of that meeting totaling $1,189 rather than the taxpayers?”

They all were asked, “why did you need Rolen to attend the council meeting for one hour on Jan. 24? Was that just for the Closed Session? Who invited him to do so? What was discussed with him?”

Finally, Thorpe was asked, “why did you have another teleconference meeting with Rolen on Jan. 31 ‘regarding regulation’ separate from the other four council members? What regulation did you discuss?”

An effort to reach Rolen for comment about the city attorney’s claim the contract was “procedurally invalid” and to ask him questions about his work with Johnson, Cortez and the city council was unsuccessful prior to publication time.

Please check back for any responses or other updates to this report.

During the Chamber of Commerce’s annual Gala on Friday, March 24, 2023, Executive Director Daniel Sohn read the following about the 2022 Antioch Small Business of the Year:

“Debbie Blaisure and Toni Lincks, owners of Rivertown Treasure Chest (RTC), are true ambassadors of the City of Antioch.  On May 1, 2023, they will celebrate operating a thriving business downtown for more than 9 years.

Regarded as two of the most influential and respected promoters of economic growth and revitalization of the region. They operate a successful vintage and collectible co-op with 13 independent vendors and mentor each of them for increased sales.  Working as a team, RTC is an inviting, relaxed and fun place for people of all ages and backgrounds to gather, share a laugh and a cup of coffee.

To name a few, they have sold donated items in the store and given the proceeds to the following organizations: Antioch Woman’s Club, K-911 Rescue, Special Haven, An Elderly Wish Foundation, Antioch Chamber of Commerce Galas and mixer raffles, and any other organizations.

Well done, RTC! We honor you tonight!”

“It’s been 15 years since we started this crazy business,” Blaisure said. “All of our lives we’ve been training for this role. I want to thank the Chamber for the honor. It’s been a long time coming.”

She thanked “my partner, Toni. She’s always in the background. I’m the speaker she’s the worker.” She also Blaisure also thanked 13 vendors whom she referred to as “a cast of characters”.

Allen D. Payton contributed to this more detailed report which first appeared in our April/May print edition.