Antioch Council barely approves ban on sideshow organizers, advertisers and spectators on split vote
With Wilson absent also approves resolution opposing Amtrak station closure
Staff working on developing possible DEI policies, not position, yet
Torres-Walker issues another diatribe from the dais, slams DA, Grand Jury investigations of alleged Brown Act violations
Close meeting in honor of late former Reserve Officer Frank Rupani, woman shot and killed by police in Illinois
By Allen D. Payton
After over 10 months of discussing an ordinance and multiple votes, with Mayor Pro Tem Monica Wilson absent, the Antioch City Council, on Tuesday night, July 23, 2024, voted 3-0-1 to finally barely approve a ban on sideshow organizers, advertisers and spectators. District 1 Councilwoman Tamisha Torres-Walker voted to abstain. The council also approved on a unanimous vote a resolution opposing the decommissioning of the Antioch Amtrak station.
Ban on Sideshow Organizers, Advertisers and Spectators
Before council discussion of the second reading for the ordinance banning organizing, advertising and being a spectator at sideshows, public comments were received. Former councilman Ralph Hernandez spoke first saying, “I fully support that the city enact a very strict ordinance. These are very dangerous things. They’re advocating for criminality. When you have people actually come to Antioch to see these sideshows…they have actually become art of a conspiracy which is not just a misdemeanor, it’s a felony. They’re standing on the sidewalk encouraging the participants. They’re actually becoming participants…aiding and abetting the criminality.
“Give the police the weapons they need to fight this kind of crime,” he added.
Alexander Broom said, “Last meeting we discussed possibly narrowing the definition of what a spectator is for this ordinance. Although I do support the ordinance, still…I don’t think we should leave any slack in what a participant is and obviously, a participant and a spectator in these situations are different and I think the language used in this ordinance is just far too broad and it opens things up.”
“I don’t think we should be discouraging people observing, witnessing these events,” he continued. “Especially, if that prevents them from assisting police in capturing license plates and these illegal acts. It’s not illegal to observe a crime.”
“I just ask that we consider, tonight narrowing down what a participant is to not… giving our law enforcement officers the opportunity to make a mistake. Because those mistakes are costly for the city…for the residents…for those who may not be guilty of this crime,” he concluded.
During council discussion, District 3 Councilwoman Lori Ogorchock said it was, “another tool in the toolbelt for our police officers.” She then attempted to again add in the ordinance items she had requested that the other councilmembers wouldn’t accept at their meeting on June 25. They include “impounding vehicles until the court date and increasing fines and fines for our resources.” The councilwoman asked that they be brought back, “to see if those can be added to the ordinance at a later date.”
Torres-Walker then asked Acting Chief Brian Addington multiple questions about sideshows in the city and how the department will enforce the ordinance asking, “How many, year-to-date, so, in the past six months, how many sideshows have occurred…with 50 to 100 spectators?”
He responded, “Unfortunately, I wasn’t prepared for that question so, I don’t have the exact stats. But I would venture to say there’s been more than 15.”
“With 50 to 100 spectators?” the councilwoman repeated. “Not vehicles, not drivers, just spectators.”
“With 50 to 100 people participating in the event,” said the chief.
“Excluding the drivers,” Torres-Walker pressed further.
“Yes. With hundreds of people out there,” Addington stated.
“So, maybe 15. I’m just trying to get the number because it hasn’t been in anything I’ve seen,” said the councilwoman.
She then asked, “How many of these activities have you needed to request mutual aid for from other cities”
The chief responded, “I would say at least half of those and some smaller ones, as well.”
“What typically happens is they start as big ones and then they start breaking up into smaller ones,” he continued. “So, you may have two or 300 at one event, and the next thing you know that breaks up and the next one is 100 and it may go down to 50.”
“Right. So, more than half the sideshows that you experienced with the potential for 50 to 100 participants plus, spectators, you’ve needed mutual aid from outside cities for,” Torres-Walker asked again.
“We have requested mutual aid,” Addington clarified. “Sometimes some other agencies have been able to send officers to assist. Sometimes they have not.”
“How large is your current traffic division,” she then asked.
“Right now, we have one sergeant and one officer assigned to the traffic division,” the Chief answered.
“So, two?” the councilwoman asked. “And when you need to respond to a large sideshow how do you make up the difference? You pull everybody from all beats to the one location.”
“Yes,” the Chief said. “Most traffic officers generally work during the day and a lot of our sideshows occur in the late evening and on the weekends. Sometimes we have our traffic officers working those hours, obviously, so, we want to be prepared. But the vast majority of sideshows are handled by the beat officers, and we have to pull all of our resources to go and deal with these sideshows. Then, as I mentioned, call in additional resources when they’re available from other agencies. So, it’s a considerable undertaking.”
“How does it work to enforce this ordinance? Is that through the department of vehicle or through the district attorney or both?” Torres-Walker asked. “How is somebody charged with a misdemeanor that would trigger the fine, the forced, the volunteering? Who imposes that? Is it the district attorney’s office?”
“So, usually there’s two routes…the criminal prosecution route or you could do the administrative citation route which would be a function of the City,” the Chief responded. “But generally, it is through the criminal route and it goes through the district attorney’s office.”
“The route this ordinance is proposing is a citation?” she asked and then answered her own question saying, “It will be both.”
“Yes,” Addington confirmed.
“Have you had the chance to talk to anybody at the district attorney’s office?” Torres-Walker then asked.
“Yes, ma’am,” he responded.
“And what was that conversation like,” she asked.
“We talked about training. We talked about different sections that are applicable and the use of the ordinance, as well,” the Chief responded.
“And so, they’re familiar with all of this? They already know how to run it through?” the councilwoman asked. “And I’m sure every citation will be under a microscope.”
“They know how to review these cases, yes,” Addington stated.
Torres-Walker then asked, “Do you believe that there’s any potential of any policy to have disparate impact on certain communities?”
“I think our officers are going to do the best they can to enforce the law based on the information that they see at the time,” the chief responded.
The District 1 councilwoman said the initial focus was on “proactive enforcement. How do you stop it before it happens?”
“The $1,000 fines that are being collected, where’s that money going and how is it going to be spent,” she asked City Attorney Thomas L. Smith and Acting City Manager Kwame Reed.
Smith responded, “Those fines are not going to be delivered to the city for expenditure. Those are under the penal code and so, I don’t know exactly how they spend them. But it’s not the city’s pot of money if that’s the question.”
“Well, I know that the fines won’t come to the city,” Torres-Walker stated. “I just wanted you to say it so people in the public who have asked me will know that these particular fines won’t come back to the city in any type of way for any monetary value for any other use or purpose and they also won’t be going to the police department. So, there’s no physical [fiscal] benefit that the city will be receiving by passing this ordinance.”
“I think that the devil is really in implementation and enforcement and we won’t really know if it works or doesn’t until it’s enacted and we trust current officers who are committed to quality policing in Antioch to enforce this ordinance and see where it goes,” Torres-Walker concluded.
District 2 Councilman Mike Barbanica then made the motion to adopt the ordinance which was seconded by Ogorchock. With no further discussion the ordinance was adopted on a vote of 3-0-1 with Torres-Walker abstaining. (For details on the ordinance see related article)
Resolution Opposing Decommission of Amtrak Station
Then, 16 months after the vote, at the suggestion of Councilwoman Ogorchock, the council considered, discussed and then adopted a resolution sending a message to the San Joaquin Joint Powers Authority (SJJPA) opposing the decommissioning of the Antioch Amtrak station. As previously reported, the SJJPA board voted with the support of a minimum of six members in favor in March 2023.
Leslie May was the first of only three members of the public to speak on the matter saying, “I am opposed to closing this station, as well, because I use it. I don’t have to depend on my daughter driving me. I have friends in Oregon I like to go see. There’s a lot of seniors that use it. I hope you do pass this resolution, tonight.”
Eddie Dotts spoke next saying “I’m just here to thank you in advance for passing this. I just got here today from the train, riding Amtrak. I always end up seeing someone I know on the train. I saw a senior who’s got to be at least 90 years old, up walking around on the train. Do everything you can to make sure Antioch stays viable in transportation.”
Andrew Becker said, “It’s frustrating. The resolution speaks of passenger rail service starting here in 1994. But that’s not true. The rail service came to Antioch all the way back to when the transcontinental rail was completed.”
“In 1910, passenger service started over in the downtown waterfront area,” he continued. “There was siding for trains to pull off. But in the 80’s the City of Antioch decided it was time to use redevelopment dollars to get rid of that siding. It was said it couldn’t be there anymore, it was too dangerous…in its current form and fashion.”
“Nobody has talked about what the rail authority wants…and the City of Antioch owns most of the right-of-way on each side of the rail line,” Becker added.
One proposal by the SJJPA staff during the March 24, 2023, board meeting was to add another track or siding, to allow for trains to pass each other along the route, which would allow for the Antioch station to remain open.
Ogorchock made the motion to oppose the decommissioning of the Amtrak station, Torres-Walker seconded it and the motion was adopted 4-0. (See resolution in related article)
No Action on Creating DEIB Officer Position, but Staff Says They’re Already Working on Developing DEIB Policies
Upon introducing the proposed Diversity, Equity, Inclusion and Belonging Officer Position for the city, Torres-Walker said, “this was my request.”
During public comments Chima Oluo said he was “a springboard intern for our city attorney. I am in favor of a DEIB officer position…bring Antioch closer to a more equitable city.”
“I believe that more people don’t know what this is,” he continued. “DEI is fundamentally about promoting fairness and equal processes for all.” He gave examples of the City of Oakland and San Francisco and their DEI practices then said, “I believe Antioch can do this, too. Antioch can establish similar initiatives tailored to the needs of our residents. This will lay the foundation for a more inclusive Antioch.”
Torres-Walker then claimed the idea was the result of a conversation she had with one city employee.
The councilwoman said, “I would like to take full credit for this item, but this really came out of a conversation with a city staff person who wants to remain anonymous about the lack of human rights and racial equity policies in this city and the lack of diversity and inclusion in city staffing and in our policies.”
“We talked about the potential for this position because it exists in other cities,” Torres-Walker continued. “And giving the direction that this city is going in, we’re always saying we’re the third most, the second most diverse city and yet our public policy doesn’t show that, our hiring practices often doesn’t show that. So, I think it’s important to listen to city staff…because they don’t feel like it’s inclusive.”
“The last update I got from Acting City Manager Kwame Reed is that there might be an effort to look into the need for this position in this city,” she continued. “I can’t help myself because I’m a Black Latina and I’m a Black woman. When we talk about what we want to do for Black people, we say, ‘let’s do a feasibility study and see if Black people have any discrimination they face and then once we come back with those findings then we’ll see if there’s a policy needed to stop discriminating against Black people. Oh, let’s see if people with disabilities are really struggling.’”
“So, why do we need to do studies on issues that people are consistently telling us there’s an issue?” the District 1 councilwoman asked rhetorically. “Is there a need for this position? I would say that there is. I would say that we need to look into it.”
Then she broached the subject of the council’s Human Rights and Racial Equity Ad Hoc Committee.
“We had one public meeting to talk with the public about how they felt about human rights, racial equity and belonging in this city and then we haven’t discussed it again,” Torres-Walker continued.
She wanted another ad hoc committee “to actually create human rights and racial equity policies in this city because they do not exist.”
“Before we can have a Human Rights and Racial Equity Commission, we first need to have policies that address human rights and racial equity disparities in this city as well as a Diversity, Equity, Inclusion and Belonging Officer position to oversee and work with that commission to make sure that these policies are enforced,” the councilwoman stated. “And that good customer service that Councilman Barbanica was talking about. That happens when a city is inclusive.”
“So, I would love for that ad-hoc…to create the policies…to actually come back to the agenda,” she reiterated.
“The three of us did meet,” said Reed, referring to Acting Assistant City Manager Brad Helfenberger and Tasha Johnson, Director of the Public Safety and Community Resources Department. “This was the second RFP that we’re considering to bring back to council. The idea was not to make a determination on whether or not this position was needed…but to develop and do an assessment on how we can formulate the policies. So, it was not about whether this position was needed but how to get a game plan for the position to go forward. The idea is to hire a consultant to come in, do an assessment of the city and look at everything. That’s what we’re looking to do.”
“Our office is happy to help in any way…if you decide to move forward with the initiative,” City Attorney Smith said.
“I would like for the council to agree to allow the city manager, assistant city manager and Tasha Johnson to continue to move forward with the effort around an assessment,” Torres-Walker continued. “But to also grant my request for an ad hoc…to work on…policy for the city.”
Hernandez-Thorpe said, “I just think we need an expert to develop the policies. I’m agreeing with you on this position. Do we really need…we know the culture, here. It’s not rocket science. We did this before with youth services. Then we hired somebody and created an entire department. If we’re going to do all these studies to tell us what we already know.”
“The Department of Public Safety and Community Resources was created by me, thank you,” Torres-Walker then said.
“I think there are experts who do this we can contract out to,” the mayor said. “I don’t think this should sit in one department. It has to be a higher level. The department level, everybody has to be involved.”
“I hear you saying we shouldn’t do this. I hear you saying we need all departments involved,” Torres-Walker continued. “All policies would have to be evaluated.”
Reed said, “We always work together on things. So, we will work together on this.”
“That’s not normal in this city in my experience,” Torres-Walker responded.
“It doesn’t need our approval,” Ogorchock said.
“What’s on the agenda is the position,” Hernandez-Thorpe said.
“We’re not giving the direction to create a position,” Torres-Walker said.
“If you’re doing what you’re doing, then we’re good,” Hernandez-Thorpe said to Reed.
“I think we should have staff look into the creation of this position,” the District 1 councilwoman reiterated. “And it’s already happening and we’re really grateful.”
Then looking at the audience she said, “And we’re all going to be watching, aren’t we?”
However, city staff only said they are looking into developing DEIB policies, not creating the position.
Final Agenda Item Tabled
On the final item, #11 to create a Health and Safety Analyst position for the Human Resources Department, Torres-Walker said a city staff member who also wanted to remain anonymous suggested the position to her, “with concerns about safety, health and safety in the city, in our buildings and within our policies.”
But saying she wanted to “table this…not indefinitely, for me to have a deeper conversation with Acting City Manager Kwame Reed about what he’s been able to find,” the District 1 councilwoman then offered a motion to table. With no public or council comments the motion passed 4-0.
Torres-Walker Issues Another Diatribe from the Dais During Council Communications
During Council Communications, without identifying to or about whom she was speaking or referring, Torres-Walker provided another of her diatribes saying, “It’s a crazy time we’re in. What I want to say is Black face and minstrel shows never excited me and I don’t like Black face or minstrel shows. Which is why I will never let clear people use me to climb the political ladder to gain power over me and my community.”
“When we are in a time when well-educated professionals cannot think critically about what information they are getting and dissect it for truth and lies, we’re in a bad way,” she continued. “You have pencil pushers and keyboard warriors who are masquerading as journalists, voicing their opinions and not one smart person in the room could think to themselves that they need to be critical of what they’re reading over the internet.”
“And so, what I want to say tonight is that every accusation that has been thrown at every council member on this council, whether it was being a corrupt cop, which people have come and said all the time, or whether it’s a resident coming and talking about breeding dogs and selling them online, community members have come to this council accusing all of, every last one of us just about anything,” Torres-Walker stated. “What I want to say is think critically, know what you’re reading and taking in. Protect your ear gates. And the next time the mayor throws a karaoke or pizza party at his house we will be sure to invite the public, so they don’t mistake it for a public meeting. Thank you.” (See 2:53:30 mark of council meeting video)
That last comment was in reference to the accusations against her, Wilson and Hernandez-Thorpe of violating the state’s Brown Act open meeting law when they were at his home and allegedly discussed council business, including the redistricting of Councilwoman Ogorchock, moving her neighborhood from Districts 3 to 4, preventing her from running for re-election. The accusations resulted in an inconclusive investigation by the Contra Costa District Attorney’s Office and a separate investigation by the county’s Civil Grand Jury which issued a report to the council with directives on that matter and two others related to city staffing, ordering them to respond by September 13, 2024, and take actions to rectify within six months. (See related article)
Close Meeting in Honor of Former Antioch Reserve Officer, Woman Shot, Killed by Police in Illinois
The council then closed the meeting in honor of former Antioch Reserve Officer Frank Rupani, who recently passed away, and also, at the request of Torres-Walker, Sonya Massey, who was shot and killed by police in Springfield, IL during an incident earlier this month, caught on officers’ body cam footage.
the attachments to this post:
Wilson absent from mtg ACC072324
Sideshow ban & Amtrak station closure ACC072324
Torres-Walker diatribe ACC072324
