Bay Point Pedestrian and Bicycle Improvement Project moves forward

Honor Deer Valley High student, other winners of annual Poetry Out Loud competition

By Daniel Borsuk

The Contra Costa County Board of Supervisors voted 5-0 to permit longtime Brentwood grower Bob Nunn and land planner Lisa Borba, who also serves as a Contra Costa Water District commissioner, to proceed and develop two 10,000 square foot indoor cannabis cultivation greenhouses at 4425 Sellers Avenue over the objections of residents. DVF Business Proposal

According to the conditions of approval for the project, the use “permit is for the commercial cultivation of cannabis micro plants only” and “no mature cannabis plants are permitted on the site at any time.” DVF Findings & Modified COAs 03152021

The supervisors’ action reverses a January 27th county planning commission decision that had negated an earlier approval of the proposed cannabis development in Eastern Contra Costa County that had proposed only one 10,000 square foot greenhouse.

During the hearing, supervisors listened to six unidentified speakers oppose the proposed Diablo Valley Farms project on grounds it is nearby a youth center and it will breed crime, noise and odor problems into the environment.

In a Feb. 8th letter from attorney Shawn J. Zovod, the developers Robert Nunn and Borba, and addressed to Contra Costa County Planner Joseph Lawlor, Zovod wrote: DVF SZovod Appeal Letter 02082021 SZovod 030521 Letter to JLawlor Project Planner

“The owner of DVF, Robert Nunn, and the applicant, Lisa Borba (collectively “Applicant”) appeals the CPC decision on the following grounds:

1. The CPC decision to deny the Permit was based on an erroneous finding that Sunset Park is a “youth center.” This finding is not supported by the evidence and provides grounds for appeal under Code Section 26-2.2404c (3) Sunset Park is a park and is not a youth center within the meaning of the Cannabis Regulation and Section 11353.1 of the California Health and Safety Code…The CPC’s finding that Sunset Park is a “youth center” and thereby a Protected Use is not satisfied by evidence and is a gross misinterpretation of the Cannabis Regulation.
2. “…. Denial of the permit based on an inaccurate and inconsistently applied reading of the requirements of the Cannabis Regulation is denial of equal protection. The CBO cannot turn its back on the laws that it adopted after years of careful consideration. Appellant has invested significant time and tens of thousands of dollars in reliance on the county’s application of its standards on a fair and equitable basis.

Appellant requests the Board of Supervisors uphold this appeal of the CPS, reinstate the Permit as approved by the Zoning Administrator, and decline to add any additional conditions requested by the City of Brentwood to the Permit.”

While supervisors heard from six unidentified Brentwood residents about concerns that the proposed Diablo Valley Farms project will produce crime, odor and noise, Brentwood Police Chief Tom Hansen said the proposed development will bring more “serious crime” to the city and his “officers will be in grave danger.” The police chief recommended that supervisors keep the county planning commission’s January decision intact.

Board Chair Diane Burgis of Brentwood turned the table when she recommended that supervisors reverse the county planning commission’s January action and to approve the Nunn/Borba project.

“They have made it clear there will be no plants of value,” said Burgis. “There will be security. There will be no cash on site. The permit will be valid for five years.”

Supervisors approved the permit on a 5-0 vote.

Approve Engineering Contract for Bay Point Pedestrian and Bicycle Improvement Project

Supervisors approved a $590,000 contract with MNS Engineers, Inc. to provide consulting services with the county Public Works Department for construction management services for the Bailey Road/State Route 4 Interchange Pedestrian and Bicycle Improvement Project for the period March 23, 2021 to June 30, 2022 in the Bay Point area.

The project consists of constructing a retaining wall, widening the State Route 4 westbound diagonal off-ramp, installation and modification of traffic signals, removal of the SR4 westbound loop off-ramp, storm drain modifications, and installation of sidewalk along Bailey Road.

Funding for the project is from the Active Transportation Program (ATP), Bay Point Area of Benefit, Navy Mitigation Funds, Contra Costa County Measure J transportation half-cent sales tax, and the state gas tax.

Recognize 2021 Poetry Out Loud Winners

Supervisors passed a resolution honoring Pinole Valley High School Senior Jermaine Gitana who won first place honors in the Contra Costa County Poetry Out Loud 2021 Competition. Gitana topped second place winner Esmeralda Noyola, a junior at Antioch’s Deer Valley High School, and third place winner Tessa Brubaker, a junior at San Ramon High School in Danville. (See related article)

Initiated by the National Endowment for the Arts and run by the California Arts Council in the state and locally by the Arts and Culture Commission of Contra Costa County, the program, now in its 14th year, engages high school students in the presentation of poetry through memorization and performance.

Almost 1,000 viewers watched the students’ recitations that were viewed at the Virtual Screening and Awards Ceremony Facebook Live event.

Recognize Melody Hung-Fan and Eric Moe for Years of County Service

Supervisors passed two resolutions recognizing the years of service for Melody Hung-Fan, director of the Contra Costa County Public Health Laboratory, and Eric H. Moe, a 35-year Contra Costa County Treasurer-Tax Collector’s Office expert in automation and streamlining workflow of default-tax procedures.

Ms. Hung started her career at CCCPH in 1988 as a public health microbiologist and rose through the ranks to become director of the Public Health Laboratory in January 2013 where she has spent the last eight years planning, evaluating, organizing, and directing all activities and staff of the CCCPH.

She became a licensed Public Health Microbiologist (PHM) through the California Department of Public Health in July of 1988 after receiving a Bachelor of Science in Nutritional Services and a Master of Public Health, both from the University of California at Berkeley.

Ms. Hung has been recognized for her background in research through the publication of various abstracts and journal articles, the most recent including articles published by the American Society for Microbiology, entitled: “A Population-Based Surveillance Study of Shared Genotypes of Escherichia coli Isolates from Retail Meat and Suspected Cases of Urinary Tract Infections.”

Her work has been credited in all phases of creating, running, and evaluating testing procedures for a variety of public health issues including HIV, West Nile virus, Zika virus, Influenza, SARS-CoV-2 and other diseases.

Moe is retiring from a long career in the Treasurer-Tax Collector’s Officer where he became an expert in defaulted=tax collections, bankruptcy claims, and the annual sale of properties subject to the Tax Collectors Power to Sell. He began his career with the county in 1986 as a Clerk-Beginner. He rose up the ranks and his major accomplishment include automating and streamlining workflow of default-tax procedures to more accurately and expeditiously address and manage the many accounts that transfer to the Redemption or delinquent Secured tax roll annually, and the documenting and re-organizing of standard operating procedures of the tax-default program into a comprehensive electronic manual.  Moe has also been helpful in assisting the California State Controller’s Office with review and feedback to the “Annual Pre-Notice Guide”, the “Review and Taxation Code,” and “The County Tax Collectors’ Reference Manual.”

County Awards Contract to Labor Attorney Kramer

Supervisors awarded a contract with labor attorney Karen Kramer, who is not related to Contra Costa County Assessor Gus Kramer, for workplace investigation and workplace legal advice.  Ms. Kramer specializes in employment law and litigation. She will be of assistance to the County Counsel in the county’s workplace investigations.

Kramer Workplace Investigations will bill the county at an hourly rate of $325 for legal and investigatory services and $400 per hour for testimony.

She is not related to Assessor Kramer, who last November had misconduct charges dropped against him by Superior Court Judge John Cope for accusations of making sexual comments to employees and at least one ethnic slur to a co-worker.

Approve Property Cleanup Cases in Oakley, Martinez and El Sobrante

Supervisors approved three abatement cases. No public speakers were heard on the cases.

The biggest case totaling $38,056.20 was charged to the owners of 2600 Dutch Slough Road in Oakley. The residential property is jointly owned by Darlene Joy Gargulia, Nguyen Ha and Long Hoang Le.

Another residential abatement action costing $4,306.70 occurred at 5321 Alhambra Valley Road in Martinez.  The property is owned by Carol M. Gainey.

Supervisors approved abatement action totaling $4,296.70 at 3870 Valley Lane in El Sobrante. Greg Fremont Livermore is owner of the property.

 

 

 

Council Code of Conduct, how $500,000+ for homeless was spent to be discussed at special meeting Feb. 16

By Allen Payton

During their meeting on Tuesday, January 26, 2021 the Antioch City Council unanimously approved a 45-day moratorium on additional cannabis business applications and voted to include Sand Creek Road in the list of roads that qualify for regional fee funding for construction. They also approved a resolution recognizing February as Black History Month. (See resolution at end of article)

CORRECTION: Councilwoman Lori Ogorchock asked why Mayor Lamar Thorpe was nominating two residents for appointment to the two, full-term seats on the Sales Tax Citizens Oversight Committee, before the application period had closed. The slightly heated exchange included City Clerk Ellie Householder interjecting that “we are trying to fill the seats since they have a report due in April.” Ogorchock also wanted to know why not all the applications were being provided to all council members. Thorpe said Ogorchock was out of order and explained that the application period for the short-term vacancy was still open, but that the application period for the two, full-term seats had closed and that as an elected mayor he had the authority to bring forward just those applicants he chose to nominate to boards, commissions and committees. Ogorchock pointed out that it requires a vote of the council to approve. Thorpe further explained that if the council didn’t vote for one of his nominees he would have to nominate someone else.

Following the brief dust up, both nominees were approved on 5-0 votes.

Approves Moratorium on Cannabis Business Applications

The council also approved a temporary moratorium on accepting additional applications for cannabis businesses.

The intent of the moratorium is to reduce the threat of oversaturation of cannabis businesses in the “green zone” and would be in effect for 45 days, according to City Attorney Thomas Smith. The council can extend the moratorium for up to two years, after that.

“I asked this to be brought forward,” said Mayor Lamar Thorpe. “Oversaturation is a huge issue.”
He didn’t want more applications to come through while the council’s Cannabis Committee and staff studied other options, including “creation of additional cannabis business overlay districts within the City,” according to the city staff report.

Two speakers spoke against it, both representing another cannabis business, Element 7. Christopher Bloom and his associate both suggested the council allow businesses that have already submitted applications, but not allow new applications. They said they had already been working with the city for a year on their application.

“This does not impact current applications,” said Thorpe.

“What this does is, it allows applications that have been deemed complete to move forward,” Smith said. “If we decide to allow applications in progress that are not deemed to be complete, we can tweak the language. It sounds like there are some other folks who are in the pipeline…you can make the adjustment in the motion.”

“They are close to completing their application,” Community Development Director Forrest Ebbs said referring to Element 7.

“I think that’s fair, those applications that have been received by this date,” Ebbs said, responding to Thomas.

“Received and in progress,” Thorpe reiterated.

“What constitutes an urgency item? Why is this an urgency item?” asked Ogorchock.

“There could not only be a threat to viability of those businesses during the COVID pandemic,” Thomas replied. “But also impact the social equity non-profits. If you feel this is a threat to the economic welfare to the Antioch community then you can vote in favor.”

“Have we had businesses in the community, during COVID that have been reporting they are struggling?” Councilman Mike Barbanica asked. “There are three other areas in the city that we are considering turning into green zones.”

“Remember it’s not just the businesses that are already approved, but the additional businesses and their social equity commitments,” Thomas said.

“As the Cannabis Committee is working on their recommendations…we pause, because in our current locations we are going to see saturation,” Thorpe explained. “There are no other places in the green zone. So, it’s just a pause as the Cannabis Committee looks to other areas. There may not be other areas.”

“This would only affect retail,” Barbanica clarified.

“Not manufacturing, not cultivation or research and development,” Thorpe explained.

Asked by Ogorchock if there was a maximum number of cannabis businesses allowed in the overlay district, Ebbs responded, “We don’t have a maximum number we have a separation requirement. That’s when we’ll max out. We’re getting close.”

“Practically speaking, yes” there is a limit. “We draw a 600-foot radius,” he explained.

“But that’s not preventing an applicant submitting a General Plan amendment,” said Thorpe.

“Correct,” Ebbs responded.

On motion by Mayor Pro Tem Monica Wilson and seconded by Councilwoman Tamisha Torres-Walker, the urgency ordinance was unanimously approved by the council.

Vote to Include Sand Creek Road in Regional Funding Program

In other action, the council voted 5-0 to include Sand Creek Road between Highway 4 and Deer Valley Road in the East Contra Costa Regional Fee & Financing Authority projects list for funding. The Board of Supervisor and City Councils of Oakley and Brentwood will also have the opportunity to vote on the matter. Should at least two of the other agencies approve, the road will be qualified to receive regional funds from fees placed on new construction, including residential, commercial and industrial development.

Future Agenda Items – How Were Homeless Funds Spent?

During the future agenda items section of the meeting, Barbanica said, “It has come to my attention, last week, that in 2019 the council approved about $500,000 of which about $150,000 of that has not been spent.”

He asked city staff bring back a report on how the money was spent.

“We’re going to learn about that on our committee meeting and we’ll have an item on homelessness coming before us soon, in February,” Thorpe responded.

Staff pointed out that the council will be having a special meeting on Tuesday, Feb. 16 at 6 p.m.

“We’ll be reviewing those items, then,” he stated.

“We’ll be reviewing the Code of Conduct on Feb. 16th,” Thorpe added. “That’s the only thing Councilwoman Ogorchock mentioned,” referring to her request for action on Councilwoman Torres-Walker’s video at the end of the last council meeting, and comments by members of the public challenging the mayor why it hadn’t yet been placed on the council agenda.

Other Future Meetings

The council will hold their Bridging the Gap, Dialogue 2 on the topic Racial Disparities in Policing on Saturday, Feb. 6 from 10:00-11:30 a.m and the deadline to sign up to participate is Wednesday, Feb. 3 at 12:00 p.m. The final forum, Dialogue 3 on the topic Police – Community Engagement will be held on Thursday, Feb. 18 also from 10:00-11:30 a.m. and the deadline to sign up is Monday, Feb. 15 at 12:00 p.m.

In addition, on Friday, Feb. 12 at 6:00 p.m. and Saturday, Feb. 13 at 9:00 a.m., the council will hold a Virtual Strategic Planning and Visioning Workshop.

The next regular council meeting will be held on Tuesday, Feb. 9 at 7:00 p.m.

IN HONOR OF BLACK HISTORY MONTH
FEBRUARY 2021
WHEREAS, Black History Month is observed in February of every year;
WHEREAS, the origins of Black History Month can be traced to 1915, half a century
after the Thirteenth Amendment abolished slavery in the United States;
WHEREAS, the Black History Month 2021 theme, “Black Family: Representation,
Identity and Diversity” explores the African diaspora, and the geographic
spread of Black families across the United States;
WHEREAS, the achievements of African Americans in the Arts, Civil Rights, Education,
Entertainment, Government, History, Law, Literature, Medicine, Military,
Music, Politics, Science, Sports, and other endeavors are recognized
and celebrated in the month of February;
WHEREAS, the observance of Black History Month calls our attention to the ongoing
need to build a community and society that lives up to our
collective democratic ideals;
WHEREAS, the City of Antioch continues to work toward becoming an inclusive community
in which all residents — past, present, and future — are respected and recognized
for their contributions and potential contributions to our community,
the state, the country, and the world; and
WHEREAS, the City of Antioch is proud to honor the history and contributions of African
Americans in our community, throughout our state, and nation.
NOW, THEREFORE, I, LAMAR THORPE, Mayor of the City of Antioch,
do hereby proclaim February 2021 to be “Black History Month” and encourage all citizens
to celebrate our diverse heritage and culture, and continue our efforts to create a
world that is more just, peaceful, and prosperous for all.
JANUARY 26, 2021

 

Claims Wright is “out of touch”…“with Antioch’s values” because of positions on issues his political party has taken, not him; Thorpe admits one attack was incomplete, referring to it as “A small error…”

By Allen Payton

During the continued battle for votes , in an email sent out on Saturday, October 10, Antioch Councilman Lamar Thorpe, a candidate for mayor, attacked Mayor Sean Wright giving misleading statements about two of Wright’s votes on the council, and injected more partisan politics into the race for the non-partisan position.

Following is the portion of Thorpe’s email that includes the attacks on Wright.

Date: October 10, 2020 at 7:39:46 AM PDT

Subject: WOW! Republican Endorsements…
Reply-To: Lamar Thorpe for Mayor! <lamar@lamarthorpe.com>

At the bottom of Thorpe’s email it reads, Paid for by Lamar Thorpe, Antioch Mayor 2020  FPPC: 1432877

Thorpe’s email refers to a postcard Wright’s campaign mailed to Democrat voters in Antioch the previous week with endorsements by local, registered Democrats with the words, “Mayor Sean Wright Shares OUR VALUES”.

Thorpe’s email reads about Wright, “WOW!!! Last week TRUMP REPUBLICAN candidates like my opponent Mayor Sean Wright wanted you to believe they were Democrats. They are not. Although I’m not surprised, he did vote against my police reform proposal, voted against housing homeless families, voted against cannabis retailing and manufacturing, and the list goes on.”

Thorpe admits the latter attack on Wright’s votes on cannabis businesses was incomplete, saying it was “A small error on my part.”

While Wright voted against forming the Cannabis Business Overlay Districts on May 22, 2018, then again on June 26, 2018 (see related articles, here and here), he voted for all four cannabis businesses that have applied for permits in Antioch. Wright voted with three other council members in favor of the first cannabis retail store in the city on April 23, 2019, located on W. 10th Street, with only Councilmember Lori Ogorchock opposing. (See related article) Then he, along with the rest of the council members voted for another retail cannabis store on W. 10th Street on June 25, 2019. (See related article) Wright also voted for a cannabis business on Wilbur Avenue which was approved by the city council on Sept. 10, 2019 on a 4-1 vote with only Councilmember Lori Ogorchock opposing. That location includes cannabis cultivation, manufacturing, dispensary and delivery. (See related article)

Regarding the police reform proposals, while Wright didn’t support Thorpe’s two-councilmember ad hoc committee on police reform, whose meetings could be held in secret and not required to follow the state’s open meeting laws, Wright supported having all five council members participate in forums on police reform and race relations in Antioch. Thorpe and fellow Councilmember Monica Wilson opposed that, and Thorpe went silent for the remainder of the council meeting when asked for his input and ideas on and who to include in the forums. (See related article)

Earlier this year, Thorpe proposed 13 reforms for the police department, including those that are part of the 8 Can’t Wait national effort, five of which, according to Police Chief T Brooks, that have been or are already being implemented. (See related article) Thorpe’s own press release about it admits two of the 8 Can’t Wait reforms are “already an Antioch policy”. (See related article) In addition, the first of the eight, “Ban police use of chokeholds and strangleholds, including the carotid restraint”, was recently banned statewide by the governor signing into law a bill on the issue.

The attack, while misleading, is accurate because the vote on forming the ad-hoc committee did include Thorpe’s five reform proposals. However, Wright did not support approving any of them before receiving input from the public through the forums.

Thorpe Explains, Admits to Incomplete Information

When asked about his email and why it contained information that was clearly false, Thorpe responded in an email clarifying his accusations.

“Sean did vote against my police reform proposal,” he wrote. “My proposal to establish a police reform ad-hoc (committee) was very clear and specific and was voted down in a 3/2 vote. Following is a quote from my press release, which you have cited on multiple occasions: ‘At the Tuesday, June 9, 2020, Antioch Council meeting, Councilmember Thorpe will call for the formation of a City Council Ad-Hoc Committee on Police Reforms to be composed of council members, legal advisers, police leaders, police union representatives, and community advocates. The role of the committee will be to examine potential long-term reforms in the following areas: 1. Demilitarize our local police 2. Increase police accountability 3. Improved police hiring practices 4. Excessive use of force 5. Budget appropriations.’ Here is the vote: https://www.antiochca.gov/government/city-council-meetings/06-18-20/”

“On June 18, 2020, the council majority opted for a ‘larger conversation’ that is now called ‘Bridging the Gap’ and seems to be rooted in the idea of police-community relations,” Thorpe explained. “Please note, after almost five months, no larger conversation has taken place because of the bureaucratic process, which we could have bypassed with my police reform proposal to establish an ad-hoc.”

“In terms of cannabis retailing and manufacturing, I’m talking about policy, not applications, Sean did vote against the cannabis policy and zoning overlay. I should have included the word ‘policy’, ‘legislation’, ‘proposal’ or ‘ordinance’ following that phrase. I did use these phrases on my website and campaign material. A small error on my part.”

“Here is the meeting where he voted no and specifically attributed his ‘No’ vote to cannabis retailing: https://www.antiochca.gov/government/city-council-meetings/05-22-18/,” Thorpe shared. “The Herald reported about it here: http://antiochherald.com/2018/05/22-ah03/”

“Had we moved in the direction Mayor Wright recommended, the council would not have been able to consider the cannabis retail applications that followed,” he stated. “These retailers have resulted in the creation of high wage jobs, over $1 million in new city revenue, thousands of dollars to support local nonprofits like Beat the Streets, and additional revenue for the police department.”

“We were in a rush to get that out and I should have included that information,” Thorpe added about the email message.

Attempts to reach Wright for comment were unsuccessful prior to publication. Please check back later for any updates to this report.