Extends current contract by 22 months, includes severance package, will be paid $266,400 annual salary

“Tonight’s process degrades the city manager’s position to little more than a political patronage job,” – resident Dr. Jeffrey Klingler

Approves new Travis Credit Union building; contractor for mental health response team, naming it after Angelo Quinto

By Allen D. Payton

With only two weeks before the November election, during their meeting Tuesday night, Oct. 25, 2022, the Antioch City Council on a 3-2 vote appointed Interim City Manager Cornelius “Con” Johnson as the permanent city manager for another 22 months. Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock dissented.

According to the staff report, the initial term of the agreement will be for a period of 24 months beginning 12:00 a.m., October 26, 2022, and shall continue until 12:00 a.m., October 26, 2024. Johnson’s prior contract, which is set to expire on December 12, 2022, expired at midnight and will be superseded by the new agreement.

Selects Mental Health Crisis Response Team Pilot Program Contractor

In addition, on a 5-0 vote, the council selected the Felton Institute to provide non-police community crisis intervention services. According to the city staff report, “The Crisis Antioch Response Team (CART) Pilot Program will operate for a minimum two-year duration. The program’s estimated cost per the program design forecast by Urban Strategies Council is between $1.8 and $2.2 million per year. Per Antioch City Council action on April 12, 2022, American Recue Plan Act (ARPA) funding has been allocated for this specified purpose in the total amount of $3.6M. The final fee is yet to be negotiated and will be captured in the final agreement for City Council action.”

The program will establish “a 24-hour community crisis intervention response model for Antioch residents” which is intended “to improve the City’s response to behavioral health, quality of life and lower acuity calls.”

The council authorized “the City Manager to enter into negotiations with the Felton Institute regarding the final scope of work and fee associated for the City’s Crisis Antioch Response Team (CART) Pilot Program.” The Professional Services Agreement will be presented to the city council for final review and approval.

During council discussion District 4 Councilwoman Monica Wilson asked that the program be named the Angelo Quinto Response Team instead.

“I want to say to the Quinto family, you lost your son, that’s how we got here,” District 1 Councilwoman Tamisha Torres-Walker said. “Your loss has spurred some change, but it didn’t have to happen.”

“I haven’t found an officer who doesn’t want this,” Thorpe said. “They didn’t sign up to be clinicians, counselors and they didn’t sign up to be teachers, so we’re not putting them in our schools, either.”

Torres-Walker, Ogorchock and Wilson said they would support the renaming.

Barbanica said, “I understand why we’re doing this. What I don’t want is between the officers and individuals they’re working with, friction. But I want to be very straightforward that the Antioch Police Department has been cleared of any wrongdoing. That being said, yes, I will support that.”

Thorpe added his support to renaming the program. Wilson then made a motion to approve selecting the Felton Institute and naming it the Angelo Quinto Crisis Response Team and it passed unanimously.

Later during public comments on another item, Katherine Wade, who claims her son, Malad Baldwin, took his life following an incident with Antioch Police officers in which she says they beat him, said the program name should remain CART and not be named for Quinto. During general, public comments at the end of the meeting Antioch resident Lacey Brown said she agreed with Wade.

Approve New Building for Travis Credit Union

In other action, on a 5-0 vote the council approved the final development plan for a new Travis Credit Union building at 3500 Hillcrest Avenue, just east of the Hillcrest Professional Center. According to the city staff report, “The subject site is a 1.48-acre vacant parcel. The project scope includes the construction of a new 3,525 square foot bank building with a drive-up ATM. Site improvements include the construction of a new parking lot, site lighting, landscaping and stormwater detention basins. The site will have 27 off-street parking spaces. Operating hours are proposed to be 10 am-5:30 pm, Monday – Friday, 10 am – 2 pm on Saturday and closed on Sundays. There will be a total of 11 full-time employees on a typical shift.”

City Manager Appointment

Before voting on Johnson’s contract appointing him as the permanent city manager, Ogorchock asked, “Since we didn’t get to that, do we have to table this?”

“That’s placed there as a courtesy,” Thorpe said. “You can ask your questions in public.”

“No one can say he’s the best candidate…because this council didn’t engage in a fair, open and equitable, professionally managed process,” resident Dr. Jeffrey Klingler said. “Tonight’s process degrades the city manager’s position to little more than a political patronage job. He deserves more than that and more importantly the city deserves more than that.”

“You can table this item and do a proper search for a city manager,” he added.

Five people spoke in favor of Johnson’s appointment including Pittsburg resident Willie Mims and Contra Costa County 2022 Humanitarian of the Year Gigi Crowder, Frank Sterling and Patricia Granados.

“You have not given us a process to get the best candidate. I don’t know you, Mr. Johnson,” said District 1 Council candidate Diane Gibson-Gray. “In less than 13 days and one hour you could have a new council up there. He has a contract through 12-12. I don’t understand the rush.”

A resident named Johnny Walker spoke via Zoom saying, “I really have a problem with this appointment of the city manager. He’s very inexperienced. Since it was the mayor’s idea, the mayor’s appointment, he campaigned for the mayor. The mayor has been making some really bad decisions, and this is one of them. Mr. Johnson spent $30,000 on bouncy houses.”

“It smells like there’s burning here,” City Clerk Ellie Householder then said.

“Oh, maybe someone set my car on fire,” Thorpe responded.

Public comments on the city manager’s appointment then continued.

“It’s a relief to have someone that understands something that happened to me,” Sterling said. “I’m not saying Mr. Johnson has sat down and had a heart to heart…with me. We can find someone probably better. I don’t know if we can or not. Let’s give this man a chance. Congratulations, sir. Welcome to your new appointment. I wish you luck and to the city.”

“I’m excited the direction the City of Antioch is going in,” Granados said. “Wait until after the next election? That’s the problem. No. We don’t have time to wait. Policies need to be put in place. The right money needs to be spent. We don’t need to wait until after the next election.”

During council discussion, Thorpe sought input from the council saying, “In discussion with the city manager, he discussed a two-year term.”

He then recommended a two-year contract at Step C for Johnson’s annual salary of $266,400.

Torres-Walker made the motion, Wilson seconded it.

Ogorchock then made a substitute motion, “That we have an open process and send it out.”

“I don’t think you can make that motion because this is on the contract,” Thorpe said.

“That is correct. You can vote this down and talk about that on another item,” City Attorney Thomas L. Smith said.

The motion then passed 3-2 with Barbanica and Ogorchock voting against.

During the Council Communications portion of the meeting, Torres-Walker took the opportunity to issue one of her periodic, racially filled, vitriolic diatribes – this time prepared in writing – in which she took swipes at her two election opponents, Diane Gibson-Gray and Joy Motts, local media, Barbanica and Ogorchock, but praised Wilson.

Householder then announced that Thorpe had postponed the next regular council meeting scheduled for Election Night, Nov. 8th until Tuesday, Nov. 15th.

Assemblywoman Wilson, Mayor Thorpe share what their governments are doing for business; he commits $100K to Chamber

Chamber Exec shares about his organization’s achievements and future plans

By Allen D. Payton

During its first State of Business luncheon on Tuesday, Oct. 24, 2022, the Antioch Chamber of Commerce honored Economic Development Director Kwame Reed presenting him with a plaque recognizing his efforts over the past five years. The event held at the Lone Tree Golf and Event Cente, was co-sponsored by PG&E and attended by about 60 people. It replaced the annual State of the City luncheon which hasn’t occurred for a few years due to the response to COVID-19, Chamber Executive Director Daniel Sohn shared.

During his presentation, Mike McGill, the Chamber’s Economic Development Chair spoke about Reed’s contributions to Antioch’s economy followed by comments by Mayor Lamar Thorpe.

“After the economic downturn when I was a councilmember, Kwame’s position was one of the first positions we invested in,” Thorpe stated.

McGill then presented Reed with the plaque and gave him the opportunity to say a few words.

“It’s refreshing to be acknowledged for all the hard work,” Reed responded. “There’s a lot more work that needs to be done. I look forward to working with you all and with Daniel and the spark of energy that he’s brought…that wants to inspire you.”

Assemblywoman Lori Wilson was the event’s keynote speaker.

“It’s my job to improve the quality of life,” she said “Every person has a right to a high quality of life…to define what that looks like for themselves. My job…is to facilitate that.”

“When we support a marginalized community, we support everyone,” Wilson shared, referring to work for the Black community as the incoming Chair of the Assembly Black Caucus.

“We had an almost $100 billion surplus, this year,” Wilson stated. “The money…is still being allocated.

She mentioned, “$250 million for small business COVID supplemental cost paid sick leave. This comes from the increase in federal funds.”

“Every business has been changed by the pandemic. Some have been forever changed,” the Assemblywoman continued, then spoke of a “fee waiver program for new businesses, to waive filing fees with the Secretary of State.”

“We are here for you to do well. It’s a quality of life issue,” she shared. “Businesses are important. We want businesses to stay in California. There are people in the legislature working hard to ensure it’s business friendly.”

“I want to encourage you as business owners who support and provide jobs in our community…every single employee is vital to your business and our community,” Wilson said. “I look forward to continue serving you in this district and the greater Bay Area.”

Wilson, who won a special election in April to fill the vacancy created by the resignation of Jim Frazier, is running for a full term, pointed out that if re-elected she will no longer represent Antioch due to redistricting. But Wilson said she will continue to work with the Antioch Chamber of Commerce.

She was then presented with a clock as a thank you for speaking at the event.

Sohn shared some of the Chamber’s achievements, this year and the organization’s future plans.

“In May 2022 the Chamber became an advocacy member…focusing on tourism and economic development… working to change the state mandates that are not good for business,” he stated. “That means taking the fight to our state legislature.”

“In May, the Chamber also started on the path to become the third official visitors and convention bureau in the county,” he continued. “It will focus on three industries – hotels, hospitality, restaurants and recreation and parks.”
“We want to become a California Welcome Center,” Sohn shared which will bring “$1 million for this community” from state funds.

“In August the Chamber launched the Small Business Investment Center in partnership with Travis Credit Union,” he continued. “We are still taking intakes for that program. Those interested in starting a business should visit contracostasbdc.org.

Thorpe shared what the city’s been doing for local businesses and committed more funds to the Chamber.

“We’ve invested $2.5 million directly into businesses from the COVID-19 funds,” he stated. “About $1 million is going to façade improvements and grants.”

“I’m still committed that we invest $25,000 for your program,” Thorpe said to Sohn and the Chamber board members in attendance at the luncheon.

“We’ve had an increase in over 6% in business licenses in the city over the past year….for a total of about 3,400 business licenses in Antioch,” Thorpe continued. “For us it’s not just about quality of life for our residents but for our businesses.”

“We really want to invest $100,000 in the Chamber of Commerce to fund everything you want to do,” he stated.

“We believe in your vision and the direction you’re going.”

“This city is about opportunity,” Thorpe exclaimed.

He then spoke of the mental health response team and how they will help in “Reducing the amount of nonsense our police officers are having to deal with…not chasing homeless people from place to place.”

“We have a Dutch Brothers coming to Antioch at Hillcrest and Deer Valley,” Thorpe shared, also mentioning the new restaurants and coffee shops in downtown Rivertown.

“People still want to live in some Facebook dismal apocalypse. Things are good in this city,” he added.
To learn more about the City of Antioch’s Economic Development Department and efforts visit www.antiochca.gov/economic-development. For more information about the Antioch Chamber of Commerce visit www.antiochchamber.com.

SEATS ARE GOING FAST!!!!! YOU DONT WANT TO MISS THIS!!!!!
Join the Antioch Chamber of Commerce and Pacific Gas & Electric Company for the 2022 State of Business Luncheon- RSVP Required at www.AntiochChamber.com.

By Allen D. Payton

Sean McCauley is at it again, improving business in Antioch this time working to bring employers with 200 to 250 well-paying, local office jobs to the city. In a recent video post on Facebook he announced the former location of Long’s Drugs corporate offices that’s been a distressed, empty, vandalized building on Deer Valley Road for the past nine years, will be getting a new lease on life. It’s only one of two Class A office buildings in Antioch.

He and his partner on projects, Ron Harrison have purchased the 56,000 square-foot building and have renamed it the Deer Valley Executive Center to help create incubator space for small businesses and full-service executive suites with a common administrative assistant. In addition, there will be space for two large, medical-related employers with whom they are currently in negotiations.

“There are over 120,000 people commuting out of the region each workday, just on Highway 4. The more people we can get off the roads and into local jobs, the more time they will have to spend with their families,” McCauley said. “The plan is to get people out of the commute by bringing higher paying jobs to our city.”

McCauley and Harrison have been making a difference in Antioch’s historic downtown for the past several years, improving a variety of buildings and bringing multiple restaurants to the Rivertown Dining District, including Smith’s Landing Seafood Grill and Monica’s Riverview.

“We’ve brought 40 new entrepreneurs to the Luxe Salon Suites to downtown, the largest operation of its type in Antioch,” McCauley shared. That’s in addition to the six restaurant and coffee shop owners and their employees they were instrumental in locating at or near the waterfront.

“We have a passion for making it simple for good entrepreneurs to start and run their operations fulfilling their goals and dreams,” he continued. “That’s our plan at the new executive center, as well.”

Harrison says he’s seen extraordinary improvement in Antioch’s Rivertown area since the two entered the market.

“I’m encouraged by the excitement of business owners wanting to open up their new operations in Antioch,” he stated. “This project will continue that effort.”

“Can’t wait to get started on this project and bring 250 new jobs to Antioch,” McCauley wrote with his Facebook video post.

They’re currently in the planning stages and expect to be ready for occupancy by summer 2023. More information on leasing is available at SMI by calling (925) 513-7336 or emailing llambert@mccauleyinv.com.

Calls them “liars”, “thieves”, “predators”,  Bonilla a “racist”

Was paid $5,000 but claims he’s owed $15,000 more

Bonilla claims Temple has been “paid in full”

By Allen D. Payton

A letter issued by Antioch City Clerk Ellie Householder on Saturday, Sept. 17, 2022, included the claim that Antioch Mayor Lamar Thorpe stole footage shot by an Antioch videographer for use in a campaign for the City of Antioch’s contracted public information officer, Rolando Bonilla for his San Jose City Council campaign earlier this year. It was reported that Bonilla claims the videographer, Kevin Temple, was “paid in full”. In response, Temple posted accusations against both Thorpe and Bonilla on his Facebook page Saturday afternoon. (See related article)

Videographer’s Video Accusations

In a two-minute video post (which has since been hidden from public view) Temple confirmed what Householder had said, saying, “They used my footage to create more commercials and now, I want to be compensated as I should be.”

“And when I asked for my money Mr. Rolando Bonilla felt as if he needed to call me a ‘hood rat’ and a ‘ghetto person’,” Temple continued. “So, I’m not sure why he would say something in that manner because I’m not any of that and I felt like he said it because I’m Black.”

“Mr. Lamar Thorpe is running around, here with racist people to go along with his sexual harassments and his sexual predator ways,” he stated. “That’s crazy.”

“So, I just want everybody out there in FB land from Antioch to San Jose to know that you shouldn’t deal with any one of these guys, don’t vote for them,” Temple said. “Don’t vote for Rolando Bonilla or Lamar Thorpe. They’re both predators and they’re both thieves, and Rolando is racist, and I wouldn’t put it past Lamar, as well.”

“So, please watch yourself when you’re dealing with these two guys, especially you ladies,” Temple concluded.

Videographer’s Facebook Posts About Thorpe, Bonilla

In addition, Temple posted several additional negative comments about Thorpe and Bonilla on his Facebook page which are also now hidden from public view. They include the following:

“ROLANDO BONILLA AND Lamar Thorpe are the biggest liars and thiefs [sic] in the Bay Area.. Lamar has been fleecing the people of Antioch.. paying Rolando Bonilla with Antioch taxpayers [sic] money.”

“Lamar Thorpe has stole [sic] from me and he stole from [t]he city.. paying Rolando Bonilla a san san jose resident with Antioch taxpayer money and then giving right back to Lamar because he was Bonillas ‘campaign manager’.”

“Lamar Thorpe took footage from me and told me he wouldn’t use it and used it to help Rolando Bonilla steal from the city of Antioch.”

“Lamar Thorpe is a thief and if you don’t want a thief running your city do not vote for him or any of his cronies.”

In Temple’s final post about the matter he wrote, “Lamar Thorpe going to tell people that I’m some charity case .. u the one who couldn’t read as an adult. U womanizer.. now all the black folk who don’t agree is ghetto charity cases? You the charity case.. if not for Ellie everyone would know how remedial you really are.. she wrote all your speeches.”

Householder was asked to verify the last part of that comment, but she did not respond.

Bonilla Says Temple “Paid In Full”; Thorpe Does Not Respond to Questions

In an email exchange about Householder’s letter on Saturday, Bonilla denied Thorpe was his campaign manager and that Temple “was paid in full”. Temple said he was paid through Bonilla’s wife’s company. Bonilla wrote that the payment to Temple was, “Part of reimbursement tranches made to company I work for during period of 5/22/2022- 6/5/2022.” In response to questions to “when was your campaign invoiced by the videographer and when was payment made?” and “were you aware of any dispute about it among Ellie and Lamar between the​ time the services were provided and payment was made?” Bonilla wrote that he “Will track down” as he was traveling at the time.

A link to Temple’s video and Facebook posts were emailed to Thorpe and Bonilla Sunday night with a few questions. Rolando was asked if he can you provide proof from his campaign that Temple has been paid, and to

further explain his response regarding “reimbursement tranches made to company I work for”. He was asked for the name of the company and if it is Voler Strategic Advisors, which is who the City of Antioch has contracted with Bonilla for his services as the public information officer.

They both were also asked if they have any comments in response to Temple’s claims.

Bonilla responded by writing, “The allegations made by the party are completely false. As someone who comes from a disadvantaged background myself, I have always worked hard to create opportunities for others.

Given that I work with a successful, award-winning team of video professionals, I was asked to give him an opportunity, which I did. Said party was paid in full.  Despite only having two brief interactions with this person for a small project, he has tried for months to extort me with threats of these malicious lies.

As recent as Saturday, September 17, 2022, the party continued his efforts to extort me demanding $15,000 or he would go public with his lies.

I regret ever giving this person an opportunity to learn from professionals who have worked hard to build a legitimate business from hard work. I have no further comment on this matter.”

Temple Paid $5,000 Not Additional $15,000 He’s Demanding

Asked how much he was paid, Temple said, “I was paid $5,000.”

He was then asked about the additional $15,000 for use of his work without permission.

“This is how I work. I’ve been a videographer for 15 years,” Temple said. “Like a photographer, it’s your project, the footage is mine. Intellectual property.”

Lamar told me ‘I need some footage for something specific’,” he continued. “I told him that if he uses my footage, I’m going to charge him $15,000. I think it was in an email. I’d have to go back and look.”

Asked why the additional charge, Temple explained, “If you create 100 projects off my footage, I’ve lost.”

“I saw those commercials on TV thinking they’re the ones I created, but they weren’t. They were the ones they created using my footage, unauthorized,” he stated. “Lamar tried to say, ‘I didn’t know they were going to use it’ and that he misread Rolando’s email about how they were going to use the footage. He said he only read the first sentence of the email. Come on, you’re a mayor and you didn’t read the entire email? Roland tried to pretend he didn’t know.”

Asked if he has or is going to sue Bonilla, Temple responded, “I’m going to start the process.”

“How could I have been extorting him for months when I never reached out to Bonilla?” Temple then asked, rhetorically about Bonilla’s comments. “My conversations have only been with Lamar, until Saturday.”

Asked who called whom Temple said, “Rolando texted me, then I texted him back, then I called him. Then he called me a ‘hood rat’? I called him professionally. He started dropping “F-bombs” and calling me a hood rat. It was very disturbing.”

In further response to Bonilla’s comments Temple said, “I’ve helped every person in Antioch on the council, Tamisha, Monica, I did one for Joy, one for Nicole Gardner who didn’t win, for Antonio Hernandez on the school board. And for multiple elections.”

“I’m the one who introduced Lamar to video, not just shooting them on his cell phone,” he continued. “I’ve done two profile videos on this man. If that’s what you call inexperience, it’s my videos that got him elected. No one would have known about him being born to his mother in prison without my videos. I’ve done a six-part series on him.”

“At this point I just want to be compensated,” Temple then said. “That’s not the man I knew when I first met him,” referring to Thorpe.

“I feel for those two ladies. I know one of them. I shot video for the healthcare district,” he added. “If I’m so inexperienced, why would I be hired to shoot video for a healthcare district?”

Bonilla Says He Owns Video and Doesn’t Owe $15,000 More, Temple Paid by Company Not Campaign

A review of Bonilla’s Form 460 campaign finance disclosure reports on the San Jose City Clerk’s website show no payments made to Thorpe nor to Temple. However, they show multiple payments to the company Bonilla works for, Voler Strategic Advisors. Yet, no payment to Temple appears on the Form 460 reports on Schedule G entitled, “Payments Made by an Agent or Independent Contractor”. The reports on Schedule G do show payments by Voler to KNTB NBC Bay Area and Telemundo of almost $19,000 for TV advertising.

Bonilla was then asked if it was Voler Strategic Advisors that paid Temple for his work. He responded, “Yes, you will see it reflected in 460’s for period of 5/22/2022-6/5/2022. Reflected as a reimbursement from the Committe to Elect Rolando Bonilla to VSA. Rolando Bonilla for San Jose City Council-District 5 2022 Form 460 5-22 thru 6-5-2022

Lastly, the issue with the party is not whether he was paid for the job, he acknowledges full payment. The issue is that he is alleging that, although my campaign paid for the video and b-roll, he has ownership of my personal likeness and that anytime I play the video, or a portion of the video (that I paid for) he is to be paid $15,000.

This would be the equivalent of a wedding videographer charging the married couple, and owners of the video, every time they play the wedding video. It doesn’t happen. Additionally, this is something that I have never agreed to, nor would I ever, as I own the rights to my likeness. Such an agreement would legally have to be in writing and would require said party to pay ME for use of my likeness.”

Temple Says He Was Paid by Bonilla’s Company and Thorpe, Not Campaign

Temple was later also asked if he was paid by Voler Strategic Advisors since no payment to him could be found in Bonilla’s Form 460 reports. He responded, “Yes I was paid by Voler Strategic.. I was paid 2500.. then I was paid 2000.. and then I was paid my final 500 from Lamar who said he was overpaid by the Bonillas.”

More Questions for Bonilla, Thorpe; Bonilla Says Thorpe Never Worked for Campaign, Company; Fails to Properly Report Payments to Temple

Bonilla and Thorpe were then asked to confirm what Temple shared about how he was paid and by whom. Bonilla was asked about not reporting the payments on Schedule G of his Form 460 and isn’t that where they should have been reported. Finally, he was asked did Voler Strategic Advisors ever pay Lamar for his work on Bonilla’s campaign or for any other work.

Bonilla responded, “No, Lamar has never worked for my campaign. He’s never worked for the company I work for. Ever.”

Again, Bonilla was asked if it’s true Thorpe made the​ final $500 payment to Temple and if so, shouldn’t the payments through Voler and/or Lamar have been reported on Schedule G of Bonilla’s Form 460 campaign finance report. He didn’t respond prior to publication time.

In Text Exchange Temple Believes Thorpe Claimed to be Bonilla’s Campaign Manager

In a brief conversation Saturday night, Temple said he had proof from a text exchange with Thorpe that he referred to himself as Bonilla’s campaign manager. He was asked to provide a screenshot of it, which Temple did.

In it, a message to Temple from someone named Lamar reads, “Might be managing a campaign in San Jose. I’ll need you for bio videos if you want the work.”

Then a later text from Lamar to Temple on Monday, Jan. 24, 2022, reads, “I got the contract. Let’s talk when you have a moment.”

Questions were then sent to Thorpe and Bonilla asking, if Thorpe wasn’t Bonilla’s campaign manager, how do they explain the text conversation with Temple. They were also asked what does ‘I got the contract’ mean and to what contract was Thorpe referring.

UPDATE: Bonilla responded, “You’d have to ask him. On my end, we did not use or hire a campaign manager.”

Later, Thorpe finally responded via email writing, “I’m getting really tired of this back and forth. Text messages do not provide context as there were conversations that preceded those text messages. I helped Kevin get multiple contracts including in the South Bay. Some materialized, some did not. I’ve had contracts in the South Bay that have nothing to do with Rolando or Kevin. I am not going to engage with people like Kevin who are comfortable leaving homophobic remarks on my voicemail.”

Temple Hides Video from Public View, Now, Only “for Friends”

Regarding the removal of his Facebook video Temple responded, “No its for friends.. I want to see how this is going to play out.. I see people are turning this into an opportunity instead of trying to fix the wrong.. my video was for all the people I brought into his campaign. It was to let them know that I supported him in front of them and I will denounce his actions in front of them.”

Please check back later for any updates to this report.

Vendor booth space still available!

Join us for the Annual Rivertown Peddlers Faire, Saturday, September 10th, from 9am – 3pm on G and W. 2nd Streets in Antioch‘s historic downtown! The event features over 75 dealers selling vintage goods, antiques, collectibles, re-purposed & handmade items, arts & crafts, live music, food & fun! Free Parking and Entry! While at the Rivertown Peddlers Faire, be sure to visit our Rivertown District antique and collectible stores. These stores will have additional inventory in preparation for the visitors on event day!

Rivertown Shops: Willow Park Mercantile, Bella’s Vintage House, Rivertown Treasure Chest, Shirley’s Closet & Moore

Rivertown Restaurants: Smith’s Landing Seafood Grill, Monica’s Riverview, Solid Rock Café, Chelsea’s, Rick’s on Second, Rivertown Sweets, Guadalajara Taqueria, Tease, Canton City, Taco Tone, La Plazuela, Tony’s Beer Garden,

Vendor Booths: There are four vendor booth spaces still available for rent. For the Vendor Application click, here.

For more information visit www.rivertownpeddlersfaire.com.

 

District 4 councilwoman won’t say why; McCauley not happy

Approves on split vote changes to RV, boat parking ordinance allowing only 200 permits per year; allows parking on driveways in front of homes

Settle police use of force lawsuit for $495,000

By Allen D. Payton

During their meeting Tuesday night, August 23, the Antioch City Council voted 3-2 for another cannabis distribution business but split 2-2 with District 4 Councilwoman Monica Wilson recusing herself on the vote defeating the first cannabis retail business proposed for downtown Rivertown. In addition, the council voted 4-1 to allow RV and boat owners in the city to park them in front of their homes on their driveways. Finally, the council voted in closed session to settle a police use of force lawsuit.

RV Ordinance

The city will issue up to 200 permits per year to RV owners. However, according to the city staff report, the “946 permits from the current RV Registration System will be carried over into the new system and will not count towards the 200 annual cap.” The ordinance requires a three-foot setback from the sidewalk and property lines.

The ordinance provides the following definitions:

“RECREATIONAL VEHICLE. A personal vehicle, including but not limited to, a camping trailer, motorhome, tent trailer, fifth-wheel trailer, unmounted camper shell, boat, personal watercraft, utility trailer, or other mobile recreational equipment or watercraft, or any empty trailer intended for or capable of carrying any of the above.

MOTOR VEHICLE. Any automobile, truck, trailer, Recreational Vehicle, or other vehicle or equipment that is required to be registered with the California Department of Motor Vehicles.”

After previous meetings and dozens of public comments on the matter, then hearing a few more members of the public speak on both sides of the issue Tuesday night, District 3 Councilwoman Lori Ogorchock made the motion, District 1 Councilwoman Tamisha Torres-Walker seconded the motion, and it passed on a 4-1 vote with only Mayor Pro Tem Mike Barbanica voting no.  RV Parking Ordinance ACC082322

Another Cannabis Distribution Business Approved on 3-2 Vote

The council also voted to approve another cannabis business at the former Goodwill location at the western corner of W. 10th Street, inside the same building as an existing cannabis retail business, called One Plant, which already has a use permit. (See related article)

Former Antioch Councilman and police officer Ralph Hernandez was the only person to speak on the item, opposing it stating, “marijuana is still illegally federally” and attracts crime.

“I’m kind of disappointed that the owner isn’t even here,” Ogorchock said. “I would only request that they improve the landscaping.”

“I believe the owner was present, but the first item ran long,” said Torres-Walker.

“We approved their application the first time,” Thorpe said.

Wilson moved approval of the cannabis distribution center at the location, and it passed 3-2 with Barbanica and Ogorchock voting no.

Wilson Recuses on Rivertown Retail Cannabis Business, Denied 2-2

The second cannabis business on the agenda, named FUEL to be the first one planned for Rivertown, the city’s historic downtown, was then introduced for a public hearing.

“AKA the McCauley Cartel,” Thorpe said with a chuckle.

“Something that’s been brought to my attention this afternoon,” Wilson said mentioning the city attorney, then recused herself from the dais. Asked why after the meeting she did not respond.

The council approved the downtown cannabis retail zone last year, Community Development Director Forrest Ebbs said in presenting the staff report. But the council waived the normal setback restrictions of 600 feet from a church or school.

Vinyak Shasry, the partner of Sean McCauley, who owns a variety of buildings and has brought several restaurants to the Rivertown Dining District and was also at the meeting, provided a presentation to the council “to convert what was a dance studio”.

“This will benefit the downtown area by bringing foot traffic,” he said. “It’s clean, it’s professional, it’s safe.”

The first speaker to oppose it at 11:50 p.m. was Hernandez saying, “Is marijuana healthy? No. Is it illegal? Yes. Marijuana has already been identified as a schedule one drug. Families suffer. Law enforcement is now checking drivers for marijuana.”

“The location that they showed pictures of, the dance studio, across from a federal credit union,” he stated. “Does it belong there? No. Can you guarantee our community that the people who will be under the influence of these products will be safe? I say, ‘no’.”

“They’re not going to consume them in the facility but as soon as they step out onto the sidewalk, they’re going to be walking or driving,” Hernandez stated. “It’s not going to be just restricted to this facility. They’re selling you a dream. They’re going to be using it in the streets in their cars. They’re going to make a lot of money.”

“Can’t we make money without marijuana?” he asked. “Don’t fall for this, people. Come on. If you’re really concerned about the safety of Antioch, you’ll vote no.”

Another member of the public to speak was homeless advocate Andrew Becker who said, “I want to come up and thank Ralph. It really takes a courageous person to come up and share truth. Here in California, we’ve made incredible strides in the marijuana industry and it’s incredibly disappointing to hear that the federal government hasn’t kept up with this.” He compared smoking marijuana to smoking cigarettes and drinking alcohol. “To consume recreational cannabis in California you have to be 21.”

Two more speakers supported the business and one more opposed it, citing the potential, negative impacts on homeless residents in the city.

During council discussion Barbanica spoke first saying, “When this overlay came before council a year ago…what I asked for simply was some boundaries, next to schools, churches, rehab centers. But it was shot down. I would be a hypocrite now to vote for something that I didn’t vote for with the overlay.”

“I do want to remind you that in that substitute motion you would have zero facilities downtown,” Thorpe stated.

“The only thing I’m looking at if this is to pass is the security on site,” Ogorchock said asking for two security officers.

“Is that an amendment the operator needs to make?” Torres-Walker asked.

“Yes,” Ogorchock responded.

“That’s part of the requirement. I believe that’s in there,” Shasry said.

“I see Captain Morefield shaking his head it’s in there, so there’s two,” Thorpe stated.

District 1 Councilwoman Torres-Walker then moved approval of the use permit for the cannabis retail business. Thorpe seconded. But it failed on a 2-2 tie.

“So, if there are two yes, two no, the motion doesn’t pass,” City Clerk Ellie Householder asked City Attorney Thomas Smith, which he confirmed.

McCauley Not Happy

Reached for comment Wednesday morning, asked if he had hosted a fundraiser for Wilson and if that’s why she recused herself, McCauley responded, “probably. But she shouldn’t have. This would have brought 1,000 new people a day and foot traffic to the downtown district. That’s the equivalent of 15 operators. The businesses need this foot traffic.”

“Right now, we have over a million dollars a month in restaurant revenue for the two large restaurants (Smith’s Landing and Monica’s Riverview),” he shared. “We need to get people into the downtown area, now.”

“They wanted it. I didn’t put the overlay down there, they did,” McCauley continued. “After I spent $10,000 trying to get it in there and getting it lined up. Then they voted it down. I don’t understand it.”

“If they’re going to have cannabis in the downtown area, I needed to control it to have the best operator to not ruin what I’ve done down there, not just some smoke shop,” he explained. “We wanted it to look like an Apple store. These are quality people, soccer moms, professionals. It’s not the black market.”

“If they want it on the outskirts everywhere else and have thousands in foot track everywhere else, fine. But they wanted it. There’s one license that they’re going to allow downtown,” McCauley stated. “That’s what our strategy was. Now, we don’t know what’s going to happen down there. We wanted to have the best operator in the downtown district. We don’t know what’s going to happen with the next person who’s going to come down there.”

“We opened Luxe Salon Studios down there. We have 40 new entrepreneurs in the downtown district. We’re trying to build momentum,” he added.

“I respect the decision of the council and would feel other operators in the downtown overlay would be treated accordingly,” McCauley stated.

Pressed further if he hosted a fundraiser for Wilson and about recusing herself, he said, “I let her use my property for a fundraiser. I didn’t contribute any money to her campaign. But I don’t really think that was the reason.”

Settle Police Use of Force Lawsuit

In other council action, reporting out from closed session before the regular meeting, City Attorney Smith said the city council agreed to a settlement of $495,000 in a case of police use of force. The motion was moved by Mayor Pro Tem Barbanica and seconded by Councilwoman Ogorchock and it was approved 5-0.

Conflicts of Interest Law, Questions for Wilson, City Attorney

According to the California Fair Political Practices Commission Conflicts of Interest, “a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision-making that could sacrifice the public’s interest in favor of the official’s private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision.”

Disqualifying Financial Interests

There are five types of interests that may result in disqualification:

• Business Entity. A business entity in which the official has an investment of $2,000 or more in which he or she is a director, officer, partner, trustee, employee, or manager.

• Real Property. Real property in which the official has an interest of $2,000 or more including leaseholds.  (However, month-to-month leases are not considered real property interests.)

• Income. An individual or an entity from whom the official has received income or promised income aggregating to $500 or more in the previous 12 months, including the official’s community property interest in the income of his or her spouse or registered domestic partner.

• Gifts. An individual or an entity from whom the official has received gifts aggregating to $500 or more in the previous 12 months.

• Personal Finances. The official’s personal finances including his or her expenses, income, assets, or liabilities, as well as those of his or her immediate family.

Disqualifying Financial Impact or Effect

If a decision may have a financial impact or effect on any of the foregoing interests, an official is disqualified from governmental decision if the following two conditions are met:

• The financial impact or effect is foreseeable, and

• The financial impact or effect is significant enough to be considered material.

Generally, a financial impact or effect is presumed to be both foreseeable and material if the financial interest is ‘explicitly’ or directly involved in the decision. A financial interest is explicitly involved in the decision whenever the interest is a named party in, or the subject of, a governmental decision before the official or the official’s agency.

If the interest is “not explicitly involved” in the decision, a financial impact or effect is reasonably foreseeable if the effect can be recognized as a realistic possibility and more than hypothetical or theoretical. A financial effect need not be likely to occur to be considered reasonably foreseeable.

However, for interests “not explicitly involved” in the decision, different standards apply to determine whether a foreseeable effect on an interest will be material depending on the nature of the interest. The FPPC has adopted rules for deciding what kinds of financial effects are important enough to trigger a conflict of interest. These rules are called “materiality standards,” that is, they are the standards that should be used for judging what kind of financial impacts resulting from governmental decisions are considered material or important.

There are too many materiality standards to adequately review all of them here. To determine the applicable materiality standard, or to obtain more detailed information on conflicts, an official may seek assistance from agency counsel or the FPPC anytime the official has reason to believe a decision may have a financial impact or effect on his or her personal finances or other financial interests.

Exceptions

Not all conflicts of interest prevent a public official from lawfully taking part in the government decision. There are two limited exceptions to the conflict of interest rules:

• The Public Generally Exception. A public official is not disqualified from a decision if the effect on the official’s interests is indistinguishable from the effect on the public.
• Legally Required to Participate. In certain rare circumstances, a public official may be randomly selected to take part in a decision if a quorum cannot be reached because too many officials are disqualified under the Act.

Exceptions must be considered with care. A public official should contact agency counsel or the FPPC to determine if an exception applies.

Recusal Requirements

An official with a disqualifying conflict of interest may not make, participate in making, or use his or her position to influence a governmental decision. When appearing before his or her own agency or an agency subject to the authority or budgetary control of his or her agency, an official is making, participating in making, or using his or her position to influence a decision any time the official takes any action to influence the decision including directing a decision, voting, providing information or a recommendation, or contacting or appearing before any other agency official. When appearing before any other agency, the official must not act or purport to act in his or her official capacity or on behalf of his or her agency.

Certain officials (including city council members, planning commissioners, and members of the boards of supervisors) have a mandated manner in which they must disqualify from decisions made at a public meeting (including closed session decisions) and must publicly identify a conflict of interest and leave the room before the item is discussed.

While there are limited exceptions that allow a public official to participate as a member of the public and speak to the press, the exceptions are interpreted narrowly and may require advice from your agency’s counsel or the FPPC.”

The following questions were emailed Wednesday morning to both Wilson and City Attorney Smith asking “Monica, which disqualifying financial interest did you have to cause you to recuse yourself from voting on the​ Fuel cannabis retail business proposed for G Street, last night?

Do you own a financial interest in the business? Do you own a financial interest in the​ building where it was to be located? Does someone in your immediate family work for Mr. McCauley’s proposed cannabis business or any of his businesses? Was it because Sean McCauley allowed you to hold a campaign event at his property on Deer Valley Road? If so, how is that a conflict of interest since there was no personal financial gain, only a benefit to your campaign?

Thomas, did you advise the councilwoman to recuse herself? If so, on what basis?”

Please check back later for any updates to this report.