Blame mainly rests with San Joaquin Joint Powers Authority staff and board members

Antioch Public Works Department staff knew of closure in spring 2022 five months before city manager and mayor, but failed to inform them or other councilmembers

Former Antioch CM Con Johnson claims he informed Hernandez-Thorpe six months before SJJPA Board vote, says mayor directed him to not tell any councilmembers, neither informed public

SJJPA staff now says, “decommissioning is some 2.5 to 3 years out” instead of the end of 2025 and it’s “too early to coordinate options with regional transit agencies.”

Mayor to present plan to keep station opened at Friday SJJPA Board meeting before council has seen or approved it

By Allen D. Payton

On May 22, 2024, a rally was held at the Antioch Amtrak station location at 100 I Street at the corner of W. First Street, along the waterfront in the City’s historic Rivertown District, by community members affiliated with Alliance of Californians for Community Empowerment (ACCE) Action and other organizations and attended by Mayor Pro Tem Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker, to raise awareness about the impending closure. The councilwoman, in whose district the station is located, was quoted in a Local News Matters report saying, “I think someone needs to own up to this. I think somewhere the ball was dropped,” without naming anyone.

In an effort to both understand what occurred, who caused it and how to reverse the decision to close the Antioch-Pittsburg San Joaquins Passenger Stop, as it is officially known, a months-long investigation by the Herald resulted in the first article entitled, “Whodunnit? No proof any city staff member approved Antioch’s Amtrak station closure” was published in July. This article serves as a follow up, includes further research and reveals Torres-Walker is correct that “the ball was dropped” and it was mainly due to a lack of communication by the staff and board of directors of the San Joaquin Joint Powers Authority (SJJPA), which governs the Amtrak San Joaquins Passenger Rail service between Bakersfield and Oakland and runs through Antioch. They failed to adequately inform the City of Antioch staff and council and the Tri Delta Transit staff and board.

In addition, Mayor Lamar Hernandez-Thorpe and then-City Manager Cornelius “Con” Johnson also dropped the ball by not informing the council members or the public prior to the vote on March 24, 2023, by the SJJPA Board of Directors to decommission the station, preventing Antioch and other East County residents from knowing about the vote and providing them the opportunity to speak out against it. The mayor repeatedly blamed former Antioch City Manager Ron Bernal, his opponent in the current mayoral election, for approving the closure, which the Herald’s first article on the matter proved to be false.

Finally, someone in the Antioch Public Works Department knew about the station closure in spring 2022 and dropped the ball by failing to either inform the city manager or council members at that time five or six months before Johnson was first informed of the impending SJJPA Board vote the following spring.

SJJPA Spokesman Claims “Discussions Regarding…Challenges in Antioch Began in 2017” City Staff Not Informed of Closure Until Fall 2022

According to the news report about the May 2024 rally, “David Lipari of the San Joaquin Regional Rail Commission, which works in collaboration with SJJPA, said discussions regarding the challenges in Antioch began in 2017.”  Yet, nowhere in any documentation provided in response to Public Records Act (PRA) requests to the SJJPA, City of Antioch, Tri Delta Transit and a federal Freedom of Information Act (FOIA) request to Amtrak, does it show any member of the Antioch City Council or staff knew about the proposed closure until January 2023.

Further research revealed the first time SJJPA staff informed any Antioch city manager of the station closure or decommissioning was in September 2022, during the first of three meetings between SJJPA Director of Rail Services, Tamika Smith, and then-City Manager Cornelius “Con” Johnson.

Johnson, in turn, informed Hernandez-Thorpe following that meeting and in January Johnson and then-Antioch Police Chief Steve Ford were preparing a presentation for the SJJPA Board meeting on January 25, 2023, after the mayor told Johnson he should provide it. That presentation and the proposed vote to close the station were postponed until the regular board meeting on March 24, 2023. But with Johnson being placed on administrative leave the week before, as previously reported, the mayor provided the presentation instead.

SJJPA Staff First Discussed Closure in 2021

That’s all in spite of the fact the first record of a discussion about a possible Antioch station closure was in emails between SJJPA Executive Director Stacey Mortensen and her staff members in June 2021. One of those emails revealed that a previous discussion of a possible closure had occurred, so, at least one or more of the SJJPA staff members knew closing the Antioch station was a possibility.

It’s also in spite of the fact that at that time SJJPA staff knew the policy of BNSF rail, which owns the tracks, was to not have stations too close together and that the location of the planned station in Oakley, just six miles away, was too close. Thus, another station had to be closed. Since problems continued at and around the Antioch station, including assaults on train conductors, calls for service to the Antioch Police and Amtrak Police for other crimes, fare evasion and homelessness, the Antioch-Pittsburg stop was an easy target.

Questions for SJJPA Executive Director Go Unanswered

Questions were emailed to Mortensen on August 19, 2024, asking the following: “Why did your agency not inform Tri Delta Transit about the possible decommissioning, whose board was voting for improvements to support the opening of the Oakley Station, and that it required the closure of the Antioch Station?

With whom did your staff, specifically then-Senior Planner David Ripperda, then-Director of Capital Projects Kevin Sheridan and/or SJJPA spokesman David Lipari discuss the closure of the Antioch station prior to your emails in June 2021?”

She was asked to provide copies of those communications and if they were by virtual meetings or phone calls, please include her and/or her staff’s notes from them and any and all emails about the Oakley and/or Antioch stations with BNSF.

Mortensen was shown the three emails about the matter between her and Ripperda, copied to other staff members and asked, “Did you ever find out ‘where the conversation with BN went after that’? What was the outcome? Did any member of your staff ever communicate in any way with any members of the City of Antioch Public Works Department between June 2021 and May 2022 about the decommissioning of the Antioch station? If so, what was said and how was it communicated?

She was informed that while the Herald was not provided with copies of any email communications about the closure of the station with anyone in that city department, it appears during that time period someone in that department was made aware of the possible station closure. That’s because language referring to the Amtrak station in previous years’ 5-Year Capital Improvement Program budgets, was removed for the 2022-27 CIP presented as a Draft to the city council in May 2022. But the Public Works Director at that time no longer works for the City of Antioch.

Mortensen was reminded that the staff report for the agenda item for the vote included misinformation that a previous Antioch city manager approved the decommissioning, which caused a political firestorm in Antioch because that former city manager, Ron Bernal, is now running for mayor against the incumbent who assumed he was the person to which Tamika Smith referred in her staff report. She was then provided with a link to the previous Herald article about the Antioch station decommissioning and it was pointed out to her that Smith never mentioned Bernal’s name and it was only mentioned by the mayor.

Mortensen was also reminded that her board members were never provided any documentation supporting the claim that a previous city manager or any City of Antioch staff member approved the closure, nor were given council direction to support it, before the board voted.

She was then asked, “why wouldn’t any of the board or your staff members question that, ask if that city manager was directed to support the decommissioning by the council and ask for the City of Antioch to provide a copy of the council resolution supporting it, before the board vote? Had they known the facts might one of them have voted differently and the decommissioning not move forward, since it only passed by the minimum number of votes?”

Mortensen was then reminded about the emails between Bernal and her following the March 24, 2023, board meeting in which he both denied ever approving the decommissioning and asking for Mortensen to correct the record. In her email response to him she wrote, “My understanding from the various parties was that the City had reluctantly agreed to the closure if the new landscaping and improvements (associated with the building removal) was not maintained and passenger and train crew safety issues did not improve. Somehow that did get attributed to you over the last couple years and if that is not accurate, I most certainly want to correct the record.” 

Yet, there is no written record to support that “understanding” provided in response to the Herald’s PRA requests. Mortensen was asked if she does have it to provide it.

She was then asked, “at a subsequent SJJPA board meeting did she ‘correct the record’ by issuing a public apology to Bernal and announcing that the information in the staff report was incorrect? If so, please provide the date of the board meeting at which it occurred and a link to the video. If not, will you do that at the board meeting on Sept. 20th in Martinez?”

It was pointed out to Mortensen in the Herald article, that Bernal says he only approved the demolition of the building at the station and there are records of that, and that it was the current Oakley City Manager who approved the decommissioning of the Antioch station, and that it appears her staff misunderstood and confused the two matters of the demolition and the decommission.

Mortensen was then asked regarding the matter of one of the reasons for closure, “why is BNSF claiming a six-mile distance between stations as their reason for the Antioch station closure when the Emeryville and Oakland stations are less than five miles apart?”

Because it appears there has been a serious lack of communication between SJJPA staff and the affected agencies regarding both the closure of the Antioch station and opening of the Oakley Station and there’s been significant turnover in both her staff and City of Antioch staff over the past few years, Mortensen was asked, “Who specifically on your staff is responsible for communicating with the other agencies about the closure of the Antioch station and the opening of the Oakley station? Do you have copies of any communication with Amtrak and/or BNSF about the two stations before or since the board vote? Do you have a copy of the BNSF policy about their distance requirements between stations? If so, she was asked to please provide them.

SJJPA Staff Member Responds Instead

Rather than answer the questions, Mortensen had Ariana Talosig, the Administrative Analyst for the Board and Committee respond. She wrote, “As stated in prior emails, we have reviewed our files and provided documentation in our possession regarding the decommissioning of the Antioch Station and a statement of the Agency’s position concerning the same.  In response to your specific question regarding outreach to transit agencies serving the area, because decommissioning is some 2.5 to 3 years out, it is too early to coordinate options with regional transit agencies.”

In addition, that same day, Talosig wrote, “The following is in response to your public records request dated June 15, 2024, for the following: “PRA request and additional questions on the closure of the Antioch Amtrak station.”

Pursuant to the California Public Records Act, SJRRC has located no additional records responsive to your request.

SJRRC will now consider your request closed. Should you have any questions, please don’t hesitate to contact the undersigned.

Thank you.”

Request for Copies of Notes from Virtual Meetings, Phone and Conference Calls Go Unfulfilled

In response because the original PRA request was for communications between agencies, not copies of notes of virtual meetings, and phone or conference calls Talosig was emailed the following: “While there may not be any additional emails to fulfill my request, perhaps there are notes by SJJPA staff from phone calls or virtual meetings with City of Antioch staff about the closure, specifically with anyone in the City’s Public Works Department and more specifically with Scott Buenting, and between June 2021 and May 2022, or any other agency staff member, including Amtrak and BNSF.

Please check with former Senior Planner David Ripperda, former Director of Capital Projects Kevin Sheridan and SJJPA spokesman David Lipari if they had any conversations like that. 

Also, it would be appreciated if you can please find out to whom Mr. Ripperda was referring when he wrote ‘discussions about closing Antioch’ in his June 25, 2021, email to Ms. Mortensen.”

More Questions for SJJPA Staff Go Unsanswered

In addition, on August 21st, Talosig was asked many of the same questions posed to Mortensen and a few new ones. She was asked, “Are you claiming that no member of the SJJPA staff took typed or handwritten notes from virtual meetings or phone or conference calls when speaking with anyone else about the possible closure of the Antioch Amtrak station? How does your staff and organization operate, based on memory? Surely that’s not the case.

If you have no records of notes on any communications with anyone on the City of Antioch staff (or any other agency) prior to the emails between Tamika Smith and then-City Manager Johnson in August 2022, about the closure of the Antioch station, even though your top staff claimed to have discussed the matter prior to the emails dated June 25, 2021, then please find out among whom those discussions were held for which they took and kept no notes and left them in the files of the authority. 

Also, what you shared is different than what was previously shared by Manager of Administration Jaclyn Miramontes who wrote, “The estimated date for Oakley is Q4 of 2025” which is a year away, not “some 2.5 to 3 years out.” Has the date since been changed? If so, when and by whom?

Finally, Talosig was asked, “why on such a major issue, did your agency staff not inform the local media in Antioch about the impending board vote at least a week before the meeting so the public could have been informed and could have spoken on the matter during public comments? Will you now adopt that as a policy and practice for the future for communities affected by board votes?”

Talosig responded on Aug. 27th with a few more documents showing emails between current Acting City Manager Kwame Reed and Tamika Smith from Jan. 26th this year. She provided information in response to a question asked during a recent Antioch City Council meeting about the wheelchair lift writing it, “is in place and has been for months, it was previously stolen but is now in place and ready for use. Reed responded by asking her for a time “to discuss the parameters around the decision to close the station.”

But nothing showing any additional documentation about the station closure, who knew about it when and to whom anyone from the SJJPA spoke about it.

Talosig again wrote, “SJRRC will now consider your request closed. Should you have any questions, please don’t hesitate to contact the undersigned.”

She was asked to follow up with Mortensen to obtain answers to the questions posed to her but there has been no further response.

December 2021 Email Thread Shows Discussion of Double Tracking Between Martinez and Antioch

However, one new email thread dated December 13, 2021, was provided in response to the Herald’s latest PRA request to the SJJPA. It shows a brief conversation between then-Senior Planner Paul Herman and Daniel Hartman, a Project Manager at AECOM, an infrastructure consulting firm.

Herman wrote, “We are in discussions with BNSF about the upcoming TIRCP application and I wanted to get a preliminary cost estimate from you for a potential project we are looking at to open up additional double tracking between Martinez and Antioch for the San Joaquins. The project would include a new universal crossover track at CP West Pittsburg between BNSF Stockton Sub and UP Tracy Sub and upgrading of the UP Tracy Sub track from Port Chicago to CP West Pittsburg. The UP track I believe needs PTC and to be upgraded from 40mph to 79mph. This isn’t an urgent item, but I wanted to get it on your radar now so that we can have this information ready in January. If you have some time later this week it may be good for us to do a quick 30 minute session looking at the location and talking the request through.”

TIRCP refers to the California State Transportation Agency’s Transit and Intercity Rail Capital Program. PTC stands for Positive Train Control systems which, according to the Federal Railroad Administration, “are designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zones, and movements of trains through switches left in the wrong position.”

But only double tracking east to the future Oakley station could help keep the Antioch station open.

Amtrak Has No Documentation of Discussions on Station Decommissioning

On July 25, 2024, an Amtrak FOIA Officer responded to the request on July 10th for copies of any and all communications between Amtrak staff and the following agencies / company regarding the closure / decommissioning of the Antioch Amtrak station between January 1, 2019 and March 30, 2023: San Joaquin Joint Powers Authority, including Stacey Mortensen, David Riperda, Tamika Smith, David Lipari, Paul Herman, Autumn Gowan, Kevin Sheridan, and any others, plus, the City of Antioch, City of Oakley and BNSF Railway. (Date Range for Record Search: From 1/1/2019 To 3/30/2023). 

Rebecca Conner, Manager, Records and Information Management wrote, “We have no records responsive to this request.  Amtrak does not own the station in question.”

A new FOIA request was then submitted on Aug. 19, 2024, asking for copies of any and all communications between Amtrak staff and the following agencies / company regarding the Oakley Amtrak station between January 1, 2019 and March 30, 2023: San Joaquin Joint Powers Authority, including Stacey Mortensen, David Riperda, Tamika Smith, David Lipari, Paul Herman, Autumn Gowan, Kevin Sheridan, and any others, plus, the City of Antioch, City of Oakley and BNSF Railway.

There had to have been at least some communication between Amtrak Police and SJJPA staff prior to their board meeting on March 24, 2023, because the SJJPA staff report and presentation on the item regarding the closure of the Antioch station included information on Amtrak Police calls for service at the Antioch station.

Conner was also asked, “Are you claiming Amtrak was never made aware of the station closure before the San Joaquin Joint Powers Authority board voted for it on March 24, 2023? Which Amtrak staff members currently work with the SJJPA on the San Joaquins line that serves Antioch? Which staff members worked with them in 2021?” She was reminded that Tamika Smith worked there as the Senior Director, State Supported Services through March 2021 and was asked to provide their contact information, as well.

Conner responded on Aug. 21st, “We do not release names of staff members below the Executive Vice President (EVP) level. You are welcome to file an appeal, but I searched Amtrak for the responsive records and was told what I told you.”

She was then asked, “Even to the media? Are they not allowed to speak with someone from the media?” Conner was then asked to speak with those staff members to determine which of them communicated with SJJPA staff and City of Antioch staff and provide what was discussed and when.

She was also asked, “Do you still have access to Tamika Smith’s emails from when she worked there? Are you required to save email communications from previous staff after they no longer work for Amtrak?”

Because it’s important for both the public, as well as our local and federal elected officials to know, Conner was then asked to find out and ask those who did and/or do work with SJJPA, “Are you claiming Amtrak was never made aware of the Antioch station closure before the San Joaquin Joint Powers Authority board voted for it on March 24, 2023?”

She was asked how and to whom to file an appeal and if Amtrak will have a representative at the Sept. 20 meeting of the SJJPA Board to answer questions from the public and/or board members.

Additional Information Requested

Later, the following was added to the second FOIA request: “any notes, written or typed, from any virtual meetings and/or phone or conference calls with any of the following, discussing either the Antioch station or Oakley station between January 1, 2019 and March 30, 2023: San Joaquin Joint Powers Authority, including Stacey Mortensen, David Riperda, Tamika Smith, David Lipari, Paul Herman, Autumn Gowan, Kevin Sheridan, and any others, plus, the City of Antioch, City of Oakley and BNSF Railway.”

Conner responded on Aug. 22nd, “I sent you the only information we have on the Antioch closing” and suggested I communicate further with Olivia Irvin, Senior Public Relations Manager for Amtrak. She responded on Aug. 26th requesting the questions be sent to her. However, an email to her from the Herald with questions to Irvin hoping for a response before this Friday’s SJJPA Board meeting was discovered in this reporter’s Drafts folder on Wednesday night, Sept. 18. Nevertheless, the same questions posed to Conner were sent to her at that time.

Antioch Public Works Department Staff Knew of Closure by May 2022

According to current Acting Public Works Director Scott Buenting, someone informed him by May 2022 that the station was planned to be closed. That’s why the justification for the grant funding sought for the L Street Improvements project in the annual City of Antioch Capital Improvements Program (CIP) budget for that year was changed. The language that had been included in previous years’ budgets referring to the Amtrak station was removed from the 2022-27 Draft CIP presented to the city council that month.

That year’s CIP was approved the following month by the council members without the language change for the L Street improvements being mentioned by either staff nor questions asked about it by the council members, during the May 24th meeting when the Draft 5-Year CIP was first presented nor during the June 14, 2022, meeting when the council adopted it.

Buenting was the Project Manager for the L Street Improvements project, and his name was listed on the project’s detail sheet in each year’s CIP since 2018. Then-Public Works Director John Samuelson’s name did not appear in any emails from the PRA request responses, but Buenting’s name did appear, dating back to the discussions of the station building demolition in 2019.

The agenda item, #SM-1, for the May 24, 2022, council meeting, for which District 2 Councilman and then-Mayor Pro Tem Mike Barbanica was absent, reads, “It is recommended that the City Council review and provide feedback to staff regarding the draft 5-Year Capital Improvement Program (CIP) 2022-2027.”

When asked by Hernandez-Thorpe about the L Street Improvements project being partially funded, Buenting said, “we do have some grant funding. We will be moving forward with a portion of this project.” In response to the mayor asking, “So, we’re still $9 million short?” Buenting replied, “Yes.” Hernandez-Thorpe then said, “A decade later and we’re still talking about grants.” Buenting responded, “We are somewhat limited to the types of funding we can use for these projects. Grants are the best way to go. But I’m sure we can look into providing some additional options.”

But there was no mention by Buenting or Samuelson, who was in attendance at the meeting, nor were there any questions from the mayor or city council members about the language change in the CIP, eliminating the Amtrak station as justification for the L Street Improvements project grant funds.

(See the 44:00 mark of council meeting video)

During the June 14, 2022, meeting, with the mayor absent and no discussion among or questions from council members, the CIP, item 7 on the agenda, was adopted on a 4-0 vote. (See 3:47:15 mark of council meeting video)

Samuelson, who now works for the City of Pittsburg, did not return phone calls about the matter.

Informed in Spring 2022 at Least Five Months Before City Manager Informed

However, after multiple efforts, when finally reached on Thursday, Sept. 19th, Buenting was asked if the language was changed due to the requirement that the grant funding was no longer tied to transit or if he was told the station would be closing. He explained that the change in the project justification language in the 2022-27 CIP for the L Street Improvements project was due to being informed of the Amtrak station’s impending closure.

“A lot of these conversations I wasn’t privy to,” Buenting stated when asked when he was informed and by whom. “I know that I heard that the Amtrak station was going to close in a meeting somehow. I know it wasn’t from the SJJPA. But I had knowledge of it, and I tried to clean things up in the CIP. I don’t remember when I heard the information.”

“There is a path to transit associated with this,” Buenting continued. “There is the ferry stop. We have transit with TriDelta. That’s what I was making my changes to.” So the grant funding for the L Street Improvements will still meet the requirement that it be tied to transit.

Asked if he would look in his and the department’s files for any notes from any phone or online meeting conversations about the Antioch station closure between June 2021 and May 2022 he responded, “I’ll look and the information will probably be with the city engineer at the time.” (That was Samuelson).

“I know it wasn’t me who had the conversation. I do not recall where I got it,” Buenting reiterated

Johnson Says He Immediately Informed Hernandez-Thorpe in Fall 2022, Says Mayor Directed Him to Not Tell Any Councilmember, Especially Barbanica and Ogorchock, Called them “Racist Karens”

But it wasn’t until September 2022 that then-City Manager Cornelious “Con” Johnson was informed of the Amtrak station closure by SJJPA staff. Following publication of the Herald’s first article about the closure, when did city staff know about it and who approved it, questions were emailed on Thursday, July 18, 2024, to the five council members and Con Johnson:

The councilmembers were asked, “when did you learn the San Joaquin Joint Powers Authority was going to vote on closing the Antioch Amtrak station at either their January or March 2023 board meeting?”

Johnson was asked, “did you inform the other four council members at the time you informed the mayor after learning of the proposed closure by Tamika Smith of the SJJPA in September 2022?

Hernandez-Thorpe was asked, “once you learned of it from Con, did you inform the other council members or ask him to do so?”

The councilmembers were also asked, “were you aware that Con and Chief Ford were preparing a presentation for the SJJPA Board meeting in January 2023 and Were you aware the mayor was going to give the presentation at their March 2023 meeting?”

Johnson responded, “Once the SJJPA representative, Ms. Tamika Smith, notified me in September, I immediately contacted and informed Mayor Thorpe. In this matter, Mayor Thorpe was responsible for informing the remaining council members.”

“According to Mayor’s Thorpe’s strict directive to me and other department heads, all administrative matters had to go through and be approved by Mayor Thorpe,” the former city manager continued. “Mayor Thorpe directed me not to notify any council member, especially Councilmembers Michael Barbanica and Lori Ogorchock, who he referred to as ‘racist Karens’ without first seeking his approval. However, it was always my position to notify all the council members in accordance with city ordinances. Mayor Thorpe inferred, meddled and undermined the city manger’s responsibility on a daily basis.”

“In the SJJPA Amtrak closure matter, I informed and updated Mayor Thorpe on all administrative activities,” Johnson stated. “Mayor Thorpe was the sole arbiter, and he exclusively decided what information I should forward to the other city council members.”

“In the matter of council notifications, I don’t know if Mayor Thorpe later notified the other council members as requested by me on the SJJPA tentative decision to close the Antioch Amtrak station,” Johnson shared. “As previously stated, I notified Mayor Thorpe and City Attorney Thomas L. Smith during our weekly face-to-face meetings.”

“On March 17, 2023, the council unanimously voted to place me on administrative leave without either cause or justification. All city manager’s responsibilities were then transferred to the Community Development Director, Forrest Ebb,” the former city manager continued. “While on administrative leave, I was prohibited from making contact with the mayor, city council, city department directors and city staff. Mayor Thorpe, at no point or time, notified or informed me he was going to take over the responsibility of facilitating the previously scheduled presentation at the SJJPA Board meeting on March 24, 2023.”

“It is equally important that Mayor Thorpe was not authorized to give such a presentation because it was the sole responsibility of the city manager, since this matter was an administrative function,” Johnson added.

Only Ogorchock and Barbanica responded.

At Least Two Councilmembers Uninformed of Impending Station Closure Vote, Say They Found Out Through Rumor

Ogorchock responded, “I had no forewarning of the closure of the Amtrak station in Antioch.  I received an email just before the SJJPA’s meeting and happened to open it and saw that our station was on the agenda for closure.  I was in Mexico and logged into the Zoom meeting and listened to the portion of the meeting discussing our closure. Since I was not informed prior to this meeting I was not prepared to comment on this item.  Plus, being out of the country my network was not stable.”

“I had no idea any of this was happening. We were, at least I was, not aware of any presentation that Lamar was planning on giving,” she added.

When reached for comment, Barbanica said, “Con never told me. I’ve been trying to think back of how I learned of it. I know it was not from the city manager, at the time. He did not reveal the information to me. It wasn’t Lamar. If anything, it was mentioned in open session. I think it was an off the cuff comment. Con didn’t tell me about it, nor Lamar told me before I learned more about it through city gossip, not through city channels that it had occurred.”

“I don’t recall Lamar ever reaching out to me,” the District 3 councilman reiterated. “I do remember Lamar mentioning it in public. But that was after it was out to the public. I was never informed by the city or the mayor, anything formal this was occurring. As I recall, when I learned of it initially was through public rumor.”

More Questions for Hernandez-Thorpe Go Unanswered

Johnson’s emailed response was then sent to Hernandez-Thorpe with questions about. The mayor was asked if what the then-city manager said is correct that he immediately notified Hernandez-Thorpe after learning in Sept. 2022 from SJJPA’s Tamika Smith of the proposed closure of the Antioch Amtrak station. The mayor was also asked if what Johnson is also claiming correct that Hernandez-Thorpe directed him to not tell Barbanica and Ogorchock and if he referred to them as “racist Karens” as the reason given the city manager to keep the two council members uniformed.

The mayor was then asked if, as Johnson is claiming, he decided what information the city manager should forward to the other city council members about the Amtrak station closure and other matters, and if Hernandez-Thorpe had given Johnson and other department heads a ‘strict directive’ that all administrative matters had to go through and be approved by the mayor.

Informed that both council members said that he never informed them of the proposed Antioch Amtrak station closure and about the presentation he was preparing to make to the SJJPA Board of Directors, the mayor was asked why not and again, why he didn’t inform the public about it so they could attend the meeting either in person or online to speak against the closure.

But Hernandez-Thorpe did not respond.

Mayor Now Claims He Has Assurances from Board Chair & Member to Keep Station Open, Will Present Plan

As previously reported, last week, Hernandez-Thorpe posted an announcement on his campaign website that he had found a “Path Forward to Keep Antioch Amtrak Station Open” following a September 9th meeting with the chair and a member of the board. However, SJJPA spokesman David Lippari said the “discussion…does not alter the SJJPA board decision” last year to decommission the station.

In his announcement, the mayor wrote, “My office and city staff will develop a plan that I will present to the SJJPA on September 20, 2024, and to the City Council in early October.”

Lippari shared that a, “An information item regarding the Antioch Station has been agendized for the SJJPA board meeting on September 20, 2024.” That agenda item is number 5, listed as Information and entitled, “Antioch Station History and Update,” which will be provided by SJJPA Executive Director Mortensen.

At Least Two Councilmembers Not Informed of Proposed Plan to Keep Station Open

The other four council members were asked on Thursday, Sept. 19th if the mayor or Acting City Manager Reed had informed them of the proposed plan to keep the Amtrak station open. Only Ogorchock and Barbanica responded and both said, “No”.

SJJPA Board Meeting

The joint powers authority Board of Directors meeting will be held this Friday from 11:00 a.m. to 1:00 p.m. at the Contra Costa County Administration Building in the Board of Supervisors Chambers, 1025 Escobar Street in Martinez. The public will have the opportunity to speak. See the complete meeting agenda packet. To watch the meeting via Zoom, please see instructions, here: SJJPA September 20, 2024 Board Meeting – San Joaquin Joint Powers Authority.

Please check back later for any updates to this report.

Will present City’s plan to SJJPA Board of Directors during Friday morning meeting in Martinez

SJJPA staff says “discussion…does not alter the SJJPA board decision” to decommission station

By Allen D. Payton

As previously reported, last year, the Board of Directors of the San Joaquin Joint Powers Authority which oversees the operation of the Amtrak line that runs to and through Antioch voted to decommission the station. Last week, Antioch Mayor Lamar Hernandez-Thorpe posted an announcement on his campaign website that he had found a “Path Forward to Keep Antioch Amtrak Station Open” following a September 9th meeting with the chair and member of the board. However, SJJPA spokesman David Lippari said the “discussion…does not alter the SJJPA board decision” last year to decommission the station.

The announcement reads, “After a great meeting with the San Joaquin Joint Powers Authority (SJJPA) and the San Joaquin Regional Rail Commission (SJRRC), I’m happy to announce that the Authority and Commission have assured me that we are now on a path to keeping the Antioch Amtrak station open.

Although I am optimistic, we must continue to support keeping the station open. I want to thank SJJPA Chair Pat Hume and SJRRC Chair Nancy Young for visiting the Antioch station yesterday and meeting with city staff and me regarding this important matter. 

My office and city staff will develop a plan that I will present to the SJJPA on September 20, 2024, and to the City Council in early October.”

Questions for Mayor, Acting City Manager and SJJPA Staff

Questions were sent to both the mayor and Acting City Manager Kwame Reed about the meeting and for details of the proposed plan asking. They were asked which city staff members were in the meeting and what assurances were given by Directors Hume and Young.

Neither the mayor nor Reed responded prior to publication time.

SJJPA staff were also asked to verify what the mayor shared and for the details of the assurances provided by the board members.

SJJPA Says No Change to Station Closure Plans

In response, Lipari, the SJJPA’s Director of Passenger Experience and Communications, provided the following “statement related to ongoing discussions with the city of Antioch: The SJJPA and the City of Antioch had a recent discussion regarding the future of the Antioch Station. The discussion, which included some members of the SJJPA board leadership and executive team, does not alter the SJJPA board decision but was focused on topics of safety at and around the station. An information item regarding the Antioch Station has been agendized for the SJJPA board meeting on September 20, 2024.”

The agenda item is number 5, listed as Information and entitled, “Antioch Station History and Update”, which will be provided by SJJPA Executive Director Stacey Mortensen.

That information was provided to the mayor and Reed in a further effort asking them to provide what assurances they were given about keeping the station open during last week’s meeting.

The joint powers authority Board of Directors meeting will be held this Friday from 11:00 am to 1:00 pm at the Contra Costa County Administration Building in the Board of Supervisors Chambers, 1025 Escobar Street in Martinez. The public will have the opportunity to speak. See the complete meeting agenda packet. To watch the meeting via Zoom, please see instructions, here: SJJPA September 20, 2024 Board Meeting – San Joaquin Joint Powers Authority.

In July, the Antioch City Council voted to adopt a resolution and send a letter to the SJJPA Board opposing the station closure. Friday will be the first opportunity to hear from the board members following receipt of the Council’s letter and for them to hear from the public since their vote to decommission the station and to discuss the City’s proposal to keep it open.

Please check back later for any updates to this report.

Will be paid $263,880 per year plus benefits

Accusations of racism fly during contentious public comments

“If she was smart, she wouldn’t come because I wouldn’t want to serve none of you all,” Councilwoman Torres-Walker

“What’s wrong with waiting 70 days?” – Councilman Barbanica

“We’ve absolutely done our due diligence.” – Mayor Hernandez-Thorpe

“I basically feel she’s a bright, intelligent woman but I don’t believe she’s qualified for this position.” – Councilwoman Ogorchock

“I was impressed with her knowledge and connections to federal dollars. I’m for all women and all people of color who are pushed to lower positions.” – Mayor Pro Tem Wilson

Also approves $296 per month pay raise for councilmembers, City Treasurer, Clerk after November election

By Allen D. Payton

With just 70 days remaining until the November election during which two new council members will be elected and possibly a new mayor, the Antioch City Council voted 3-2, last night, Tuesday, August 27, 2024, to hire City of Seattle Deputy Director of Deputy Inspector General for Public Safety, Bessie M. Scott as the new city manager with a two-year contract. She will be paid an annual salary of $263,880. (See council meeting video)

Before adjourning to Closed Session to discuss hiring the new city manager, the council, with District 1 Councilwoman Tamisha Torres-Walker absent for the roll call, heard from four members of the public about the appointment. Two spoke in favor and two against the hiring of Scott. They referred to articles and comments about several of her controversial and racially divisive comments on social media over the past several years. (See related article)

As expected, the council majority of Mayor Lamar Hernandez-Thorpe, Mayor Pro Tem Monica Wilson and Torres-Walker, who arrived later and in time for the public discussion and vote, approved Scott’s contract, while District 3 Councilwoman Lori Ogorchock and District 2 Councilman Mike Barbanica, who are not running for re-election in November, voted against.

Future Council Pay Raise

In addition, the council approved on a 4-1 vote, with Ogorchock opposing, an 18.45% pay raise or $296, from $1,604 to $1,900 per month, for a total of $22,800 per year, which will go into effect after the November election. It will benefit the two current councilwomen, and possibly three new council members. The pay raise also applies to the City Clerk and City Treasurer, as well.

Before the vote Ogorchock said, “There are a lot of cities out there that this is volunteer for them. FYI, it is not a stipend, this is a salary.”

“In this city we’ve gone years and years without a pay raise, even with cost increase, fuel costs,” Barbanica argued. “My recommendation is to go with it each cycle. It had been ignored by council for so many years because they were afraid of giving themselves a pay raise. But we’re not giving ourselves a raise. We’re giving the next council a raise. I’m not here, whoever is here you deserve it.”

“Thank you, again Councilmember Barbanica. I am not independently wealthy or retired, so I appreciate the raise,” Torres-Walker said with a laugh.

Public Comments

The first person to speak before Closed Session was resident Mark Jordan, who read form prepared remarks, which he later provided a copy of to Herald. He said, “Now, in the past we’ve had city managers that were a poor fit for Antioch, or who did a less than stellar job; but once again we have you all proposing another individual for city manager who is totally unqualified for the job.

As you well know, during the past few years Antioch has gone through several interim, acting and full-time city managers.  Shouldn’t it be someone who is very well qualified this time?  Someone; who has experience? Someone; who knows our community? 

Unfortunately, today we find ourselves somewhere between a laugh and a tear. We, all of us in Antioch, need a major step toward healing.

This selection gives our city an opportunity to move past the havoc and divisive battles of the past four years.  A chance to start again: with a city manager who can bring a positive way forward and begin to unify our city.

But that is not what you offer our city today.  What we need to be discussing tonight is a positive future for Antioch. 

We had a perfectly qualified assistant city manager that was overlooked and who left Antioch.  Really that was a tragic, great loss for Antioch.

So, as we discuss a new city manager today our city is absent not only the city manager, assistant city manager, economic development director, public works director and police chief; and I could go on and on. 

Antioch cannot continue with the chaos of unfilled positions.  We must blend the old with the new in an effort to unify our community. We need a full-time, experienced individual who can help guide us to mend the wounds we have self-inflicted upon our city of Antioch.

Antioch cannot truly prosper unless we join together and make a selection for all of the citizens of Antioch.  This hire should not be made some 69 days before the election and potential change in council members; but should be made by the incoming members; whoever they may be. 

Even if that requires starting over at step one and beginning fresh.

It is time for everyone to stop being part of Antioch’s self-imposed problems and to become part of Antioch’s next positive chapter. Thank you.”

He was followed by Antioch Police Oversight Commission Member Leslie May saying, “It is time for us to move forward.” She spoke of the police department’s racist text message scandal.

“It’s time we have people in place that can do the job who are well-qualified,” May continued. “She was vetted by an…outside agency. She was chosen as…one of the best of the applicants. To go through this to try to denigrate a woman’s character…you’re really running a thin…legal line.”

“You’ve never laid your eyes on her so, you don’t know what she’s about. You need to get over it,” she added.

She spoke of the “old boys club” and people with “white colored hair, blue eyes…” who opposed the appointment.

The next person to speak, resident Melissa Case, said, “I have reached out to Bessie, respectfully but she did not respond. I don’t care if you hire someone one day before the election if they’re a good fit for our city. The goal is to not further divide.”

“I also reached out to councilmembers to ask about the background check,” she continued. “We’ve had a non-experienced city manager, Con Johnson. How did that work out?”

“It was her Tweet she wrote against mothers,” Case stated. “When you come attacking a certain part of the community…I don’t think that’s right for Antioch. I feel like this is a very significant step backwards…who seems like she’ll perpetuate the division.”

She then spoke of the need to heal the community before concluding her comments.

The final speaker during public comments prior to the Closed Session was resident Devin Williams, who said, “Regardless of the upcoming election, you’ve been elected by the people and have the authority to hire a city manager. You have an opportunity to bring a qualified individual who has gone through a rigorous process. Some past comments made by Ms. Scott should not overshadow her qualifications.”

The meeting began at 5:15 p.m. and the council then adjourned at 5:29 p.m. into the closed-door meeting during which they discussed hiring Scott as city manager for two years and negotiating her salary and benefits, one lawsuit, a possible lawsuit and the performance evaluations for both Acting City Manager Kwame Reed and City Attorney Thomas L. Smith.

There was no reportable action from Closed Session. But the vote to actually hire Scott occurred later during the final item the council dealt with on the meeting agenda.

Public Session Public Comments Get Contentious

During the public session discussion and vote on the city manager appointment, City Human Resources Director Ana Chavez asked the council to “appoint the city manager candidate and discuss the salary and authorize me to sign the agreement or contract.”

During public comments one woman said, “Some of our white counterparts have an issue with her being Black. If you have a problem with African Americans, Blacks being on council, it’s just the beginning. If we have to keep our comments to make you comfortable…I’m standing in the gap for Ms. Bessie…on your white privilege, she is not by herself. To you all thugs, computer thugs. You all want to bring back hanging to Antioch. We’re standing on our principle and we’re not going anywhere. If you’re not comfortable, go somewhere and pray. If all you can see is the color of this lady’s skin, you’re miserable.”

Sandra Wilson said, “I have been a resident of Antioch for over 30 years and…this is the first time I’ve been to the city council meetings. I’m a member of Fellowship Church…which is Black, white, old, young. When I heard you were going to hire someone with the social media posts…It was a red flag for me. If she truly said the things and posted the things she did, there’s racism on her part. There isn’t room in this city for any racism. I would ask if you would vet this more.”

She then mentioned current Acting City Manager Kwame Reed and said, “I would suggest you give it to him.”

Eric Wunderly said, “I’m a longtime resident of Antioch and first time speaking I want to voice my opposition to appoint someone to the city manager position so close to the election an should wait until after the election.”

Eileen Bethany said, “The City of Antioch has had five city managers in the past three years. We have 39 million people in California. Why can’t we find someone here? Why are we paying relocation fees? Something went wrong

It would seem prudent, since there needs to be synergy between the mayor, the council and city manager. Wouldn’t it be more pragmatic to wait until a new mayor or Mr. Thorpe is renewed, in place?”

“The different posts that I’ve seen printed that this particular candidate has made are explosive. I think you should wait,” she said.

Leslie May spoke again, “Why don’t we wait until a white mayor is elected? Ron Bernal is going to get elected. We see what you write. Let’s just call this what it is. This is a race race. We do not want a Black mayor. We want old Antioch back. They’re going to get rid of Bessie Marie Scott. So, you guys talk too much. You give out your game plan.”

Mary Lutz spoke next defending the social media comments by Scott saying she should be “free from unjust scrutiny and bias.”

Resident Dr. Jeffrey Klinginger was one of the few who spoke against hiring Scott saying, “Since 2022…Antioch has seen a parade of city managers. 969 days. Now with only 70 days until the next election and the inevitable change in the city council you want to handicap the city council, now? The future city council might have issues with Ms. Scott’s qualifications who is without even assistant city manager experience. I’m sure she will in time reach the level of expertise. But not today. Antioch has serious challenges ahead. This is no place for a rookie city manager and on the job training. I fear you’re setting her up for failure…and let the new city council select the new city manager. I’m sure Mr. Reed can manage for a few more months.”

During his comments Gavin Payton, a youth leader for the NAACP East County Branch, asked for members of the NAACP to stand up and several people did.

Dr. Kimberly Payton followed her son’s comments saying, “In reflection upon what other people have said…whenever this council tries to get progressive and move the city forward…there’s always a threat of the white cloud riding in. What difference does it make if this person went through the process is white or Black and is qualified? She has more than enough experience. She has a bachelor’s degree and a master’s degree. It’s time out for white privilege.”

An argument among audience members had to be gaveled down by the mayor.

Another woman said, “I just came here to speak on this because of all the people on keyboards, because she said something about Karens and Larrys. But it’s our truth. Yes, I’m going to call you a Karen, because you treated me like that. Yes, I’m going to call you a Larry. When she wrote her comments on her blog that’s her truth. You cannot just put everyone in a box. I mean get a grip. It’s 2024.”

Gigi Crowder spoke next saying, “I didn’t expect for any Christians to come up here and not understand people should belong. African Americans are not given the power…to be racists. I will never go and read anything on Next Door.”

“We’re going to call it what it is. Speaking truth doesn’t make you racist,” said another woman. “Like you tell us all the time, get over it.”

“Don’t listen to the nonsense,” she said to the council members.

Resident Andrew Becker spoke next saying, “People come up and say, ‘you’re not experienced, you’re experienced, I don’t think you have enough experience, you need more experience.’ But has anyone talked to people this person has helped in her community. If you can find success in another region like Seattle, I think you need to bring that success to you.”

“I do not support racism. I do support growth and welcome to Antioch,” he concluded

Lynette Hart spoke last during public comments saying, “From a Human Resource standpoint I want to talk about best practices. The job description has not been updated since 2014. I suggest you have a community panel when you have interviews…to make it a more fair and transparent process.”

Council Discussion Gets Heated

Barbanica was the first to speak during council discussion of the hiring. He said, “I have participated in all of the interviews during this process, and I’ve worked with Acting City Manager Reed for the past year and a half and he’s done everything I’ve asked of him.”

“I think it’s a bad business decision when we know we have three positions…in 70 days this vote goes down,” the councilman continued. “A month and a half ago, I called the mayor…and I asked that he keep City Manager Reed in the position, and we wait until the new council is seated. Then if this person is the best for the position, then fine.”

“If we continue on with the process and bring someone in and 70 days and the direction or personnel on this council change, then as they’re seated, we may look at a change in the city manager position. Nobody wants that. It could be costly. We would be paying a severance,” Barbanica stated. “What is wrong with waiting 70 days? It’s a smart business decision. Leave City Manager Reed in his current position. It’s a very bad business decision this close to an election. If they decide to make a change it will cost taxpayer money…all of us.”

“If the council passes this tonight when will the new city manager start? Two weeks, a month? 30 days before the election?” he asked. “Leave Manager Reed in place.”

“I prefer to do the job I was just re-elected to do,” Torres-Walker stated, speaking next. “There was a…process. There were multiple candidates.”

Then directing her comments at Barbanica she said, “It would be a violation of conversations that happened in a Closed Session.”

“Anything talked about was anything talked about outside of Closed Session,” he responded.

“There was a process. There was only one person who dropped out,” Torres-walker continued. “It was a public, transparent process because we pushed out a community survey and nobody said they don’t want a Black person. You just didn’t engage.”

However, this reporter never knew of or saw any community survey about hiring a new city manager, nor was any announcement about one provided by the City to promote to the Herald’s readers.

“To say this individual is not qualified because you don’t like their opinion…This didn’t have to be divisive,” the councilwoman said.

“If she was smart, she wouldn’t come because I wouldn’t want to serve none of you all,” Torres-Walker exclaimed raising her voice. “Black people and other people of color can be anti-Black.”

She then claimed former city manager, and current candidate for mayor, Ron Bernal said at his campaign kick-off event, “We are at war, and we need to infiltrate the community…that means armed conflict.”

The councilwoman was later asked if she had a copy of a video of Bernal’s speech or if someone told her he said that. Bernal was asked if he said that and, if so, what he meant by it.

Torres-Walker the claimed some people who opposed the hiring of Scott believed, “If you’re not the respectable negro…then we don’t need you, here.”

“There aren’t a lot of Black people nationally who are city managers. There aren’t a lot of women city managers,” she continued. “If you’re going to bring someone who is not from the internal, entrenched corruption of city hall…Do you know what Kwame Reed was told his job was? To keep the boat afloat?”

“I’m not saying everyone here is saying that. No, I don’t think every white person is racist. But I know a racist when I see one,” Torres-Walker concluded.

“I’m sorry. You all look alike,” Hernandez-Thorpe then said jokingly after calling on Wilson while Ogorchock had requested to speak next, at which Torres-Walker laughed.

“It has been a long tedious process,” Ogorchock stated. “I basically feel she’s a bright, intelligent woman but I don’t believe she’s qualified for this position. Could she be an assistant city manager? Absolutely. But I don’t think going straight to a city manager position is right.”

Wilson spoke next about, “The lack of women and women of color who are city managers. I hear constantly, ‘you’ll make a great assistant city manager.’ I had the opportunity to have a follow up conversation with Bessie and I was impressed with her knowledge and connections to federal dollars. That’s what impressed upon me something that has never happened. I’m for all women and all people of color who are pushed to lower positions.”

However, when she and the council had the opportunity to promote then-Assistant City Manager Rosanna Bayon Moore, Hernandez-Thorpe, Torres-Walker and Wilson, instead chose to hire Con Johnson as city manager.

“Thank you everybody for your comments and I’m not going to look at these comments and I never will,” the mayor said.

He then spoke of his opponent in the mayor’s race saying, “The last conversation I had with Ron Bernal was with Monica Wilson…we decided to part ways…because we could not rein in the police department. As we moved on, we hired an interim city manager, Con Johnson who was qualified.”

“I can’t get into the reasons why he’s no longer the city manager, it’s because of some of the nonsense in City Hall and the nonsense in the police department,” the mayor continued. “Forrest Ebbs never wanted to be the city manager. That’s the same conversation I had with Kwame Reed.”

However, Reed was one of the applicants for the permanent city manager position.

The mayor was later asked what he meant by the first sentence of that latter paragraph regarding “nonsense” and if he was referring to Bernal or Johnson. He was also asked if his and Wilson’s meeting with Bernal to discuss his employment violate the Brown Act as it was not done in Closed Session with the other councilmembers present. Hernandez-Thorpe was also asked if what he said publicly about the two former city manager violate their rights as city employees. City Attorney Smith was also asked the same questions. However, he is out of the office until Tuesday, Sept. 3, so the questions were sent to the department’s assistant city attorneys. Bernal and Johnson were also asked similar questions.

Speaking of Barbanica’s position on opposing the hiring of Scott, Hernandez-Thorpe said, “It was in the context of, ‘I have these concerns, Mr. Mayor, about this candidate. I went to Seattle and met with a host of representatives and most of them were white women. Everything I’ve heard in this room doesn’t even come close to who this woman is. She brings people together…that was what recommendations said.”

“Councilman Barbanica had the opportunity to come with me, but he decided not to,” the mayor said.

“I went above and beyond to make sure we’re picking the right person,” he continued. “We’ve absolutely done our due diligence. If you’ve heard it any other way, you’ve got it wrong.”

“Let’s clear some things. Mr. Mayor you asked me to go with you and I said, ‘I’ll try to arrange my schedule’ and I asked you to call me to tell me when you planned to go. I’m still waiting for that call. But none of this stuff had even come up. So, what I did instead, I got on the phone with Bessie and the city attorney on the phone and did a second interview.”

“You absolutely had other concerns, Mike,” the mayor stated.

Barbanica interrupted him.

“Let me speak. I heard you, you’ll hear me,” Hernandez-Thorpe said.

“First off, don’t talk to me that way,” Barbanica shot back.

City Attorney Smith then interjected and warned them not to share what was said in Closed Session in violation of the Brown Act state open meeting law.

“You then said we should all resign,” Hernandez-Thorpe stated.

“After the Grand Jury report came out, yes, I did,” Barbanica responded.

Torres-Walker then moved approval of appointing Bessie M. Scott as city manager with a Step B salary of $263,880 annually and moving expenses of up to $20,000, seconded by Wilson. The motion passed 3-2.

The council then voted to table the remaining items on the agenda until a future meeting, including responding to the Civil Grand Jury report and to adjourn the meeting shortly after 11:00 p.m.

All five council members were later asked if they had seen the questions in the survey and the responses and to provide a copy of each. They were also asked why Scott wasn’t in attendance at the meeting for the public to meet her before their vote and informed that the city manager hiring process in the late 1990’s included a public interview session with the candidate during a council meeting. City Attorney Smith and HR Director Cortez were asked how many candidates applied, how many were interviewed by the council and how many had withdrawn from the process, and how many responses did the survey receive and how did it guarantee only Antioch residents participated. They were all also asked for Scott’s start date.

UPDATE 1: Regarding her comment about Bernal Torres-Walker responded, “A concerned citizen sent me a link from Ron’s Facebook page so you should find it there. I was surprised to hear this kind of rhetoric because it doesn’t scream unity to say this election is going to be a war given the definition. My question is what did he mean?”

She also said, “As for the survey, it was published months ago on the city’s website and over social media, and the results were viewed by the council.”

UPDATE 2: The councilwoman, known for her own long-winded, bombastic diatribes from the dais, including during last night’s meeting, was referring to and ironically twisting the battle-themed campaign rhetoric stated in a video posted on Bernal’s campaign Facebook page on March 9th of his speech during the kick-off event earlier this year. In greater context he said, “Our campaign motto was chosen carefully which is ‘Change Starts Today’ and I want people to know that as we go out into this community, because it’s going to be a war and we’re going to infiltrate Antioch, I want people, I want to first of all, I want to listen to what people have to say. I want to hear their concerns, I want to hear their problems and want to see what we can do to help, immediately. But then before we tell them what we’re going to do about changing this city, but I want people to know they’re going to have hope. That’s the main thing that I think is missing in Antioch right now, is people cannot hope for a better tomorrow. I want to see our city be a place that can be safe. I want us to hold our heads high and be proud that we’re from Antioch.”

Please check back later for any additional updates to this report.

By Allen D. Payton

Adding to the tenant protections previously passed, during their meeting on Tuesday, August 27, 2024, on a 5-0 vote, the Antioch City Council approved a Just Cause Eviction ordinance limiting the ability of landlords to evict tenants except for specific reasons and, if they do, the landlord must give notice to both the tenant and the City and pay for the tenant’s relocation costs. The ordinance was negotiated between representatives of tenants, community organizations, the apartment owners’ association, city council and staff members.

According to the city staff report on the item, State law requires “just cause” for a landlord to evict a tenant who has continuously and lawfully occupied a residence for at least 12 months. The California Tenant Protection Act of 2019 (“TPA”) limits rent increases and places restrictions on landlords’ ability to evict tenants, unless the eviction is as a result of a “just cause” that is defined by state law. The TPA also imposes certain notice and language requirements, “Just cause” includes “at-fault” evictions for wrongful or malicious conduct by tenants and “no-fault” evictions, such as when a property owner or their immediate family move into an otherwise occupied unit, remove a unit from the rental market, or when a landlord intends to demolish or “substantially remodel” a unit.

The city’s ordinance extends the time to 24 months after eviction for the former tenant to have first-right-of-refusal be offered from the landlord to rent the unit, again, without an increase in rent more than the allowable increases under state law and city ordinances.

In addition, under the City’s ordinance, if the tenant hasn’t done anything wrong, but the landlord is asking them to move out, then they must both notify the city and pay for the tenant’s relocation costs, in an “amount equal to two times the Tenant’s monthly rent in effect when the Landlord served the notice to terminate the tenancy.”

The city staff report claims the ordinance will require an additional city staff member and “increased future workloads for the City Attorney’s Office related to new inquiries and requests for services from tenants and landlords.”

For the public hearing there was only a proponent to speak in favor of the ordinance, but no opponent to speak against it. The proponent, an attorney, said, “Under Antioch’s new ordinance, everyone has just cause for eviction protections,” speaking specifically of renters.

Several members of the public spoke in favor of the ordinance, including representatives of ACCE Action and Rising Juntos Antioch and two council candidates in District 3, Addison Peterson and Antwon Webster.

During council member discussion of the ordinance, District 1 Councilwoman Torres-Walker said, “Now everyone in Antioch is covered.”

“Thank you all for pushing us,” Mayor Pro Tem Monica Wilson said. “We finally made it, but we have to keep on keeping them honest.”

Mayor Lamar Hernandez-Thorpe thanked, “the attorneys and everyone who participated in the meetings. This is a big deal for the community.” He mentioned it took almost four years to get the ordinance developed and adopted.

Following council discussion, the ordinance passed on a unanimous vote.

The audience erupted with cheers and shouts of, “Si, se puede” which means, “yes, we can.”

See City of Antioch Just Cause Eviction ordinance.

For two-year term, an assistant city department head from Seattle, with no experience as city manager or assistant city manager

“Let’s just keep it real, there is no such thing as fair when the social construct we live in was created by white people for the benefit of white people only- to the detriment of every one else” – Antioch City Manager candidate finalist Bessie Marie Scott on Facebook

“We’re 70 days from an election as of Tuesday and this should not be decided by this council…There were some qualified candidates that along the way removed themselves from the process.” – Councilman Mike Barbanica

By Allen D. Payton

With just 70 days to go before the election, during their meeting on Tuesday night, August 27, 2024, the Antioch City Council will consider voting to hire a new city manager, and without first introducing the candidate to the public. After violating the state Brown Act open meeting law by first, discussing then, voting to direct staff to hire the executive search firm during Closed Session earlier this year, according to an attorney with the First Amendment Coalition, the city council interviewed fewer than 10 candidates for the position following a nationwide search.

City Manager Candidate Bessie Marie Scott

According to the city staff report for the agenda item, #9, the council’s candidate of choice for city manager is Bessie M. Scott who has not previously worked as a city manager or assistant city manager for any other city. According to both the report and her LinkedIn profile, she is currently the Deputy Inspector General for Public Safety for the City of Seattle, Washington and has served in the position since April 2023.

Before being chosen as the finalist, she, along with other applicants, were introduced to the City’s department heads, according to District 2 Councilman Mike Barbanica.

According to the department’s website, “The City of Seattle Office of Inspector General (OIG) was established to ‘help ensure the fairness and integrity of the police system as a whole in its delivery of law enforcement services by providing civilian auditing of the management, practices, and policies of the [Seattle Police Department (SPD) and Office of Police Accountability (OPA)] and oversee ongoing fidelity to organizational reforms implemented pursuant to the goals of the 2012 federal Consent Decree in United States of America v. City of Seattle, 12 Civ. 1282(JLR).’”

Prior to her current position, Scott worked for a little over three years for the Public Defender Association in Seattle, first as Chief of Staff then as Co-Executive Director of Operations. Prior to that, for a little over two years, Scott worked for the Seattle Community Police Commission, first as Policy Director then as Interim Executive Director. Her longest tenure was for six-and-a-half years for the Seattle Housing Authority where she worked, first, as the Senior Paralegal and Public Records Officer in the Legal Department. That was followed by a position as Senior Policy Analyst for the Office of Policy & Strategic Initiatives, then finally as Strategic Advisor for Rental Assistance Programs.

The staff report also shares, “She has public sector experience in various areas such as public safety, housing programs and municipal policy administration. In her current role, she ensures consistent policy interpretation across all functions of public safety, including Audits, Investigations, Policy and Standards and Compliance.

Accomplishments

More specifically, according to the city staff report, “Some of her career accomplishments include: Managed a Home from School Program, which was a pilot initiative that paired a Housing Choice Voucher with a family experiencing homelessness and living in a shelter near a school in Seattle. The program was a success and housed over 250 families in the first year.” She also “Managed a grant funded Education and Outreach Initiative (EOI) Statewide Fair Housing Test Program.”

The proposed agreement does not yet include salary and benefit amounts as those will be finalized during negotiations at the Closed Session meeting on Tuesday night.

Honors

Scott was honored with the 2021 Changemaker of the Year Award from Voices & Visions, University of Washington, Evans School of Public Policy and Governance, in February 2021. The announcement on the college’s website for this year’s honorees and celebration, shares details about the award offers three phrases, Collective Wisdom, Brave Leadership and Rigorous Action. The description reads, “Amid the turbulence and challenges we see day-to-day, join us to celebrate leaders catalyzing positive change in our communities and public systems.  This moment calls for courageous leadership and rigorous action. Join us for an evening of discussion, discovery, and community.  Your participation helps raise critical funds to support the mission of the Evans School, fueling our ability to inspire public service and democratize public policy.”

Education

Scott earned an Executive Master of Public Administration – EMPA in 2020 from the Evans School of Public Policy & Governance, University of Washington and took a Public Policy Analysis course in 2003 at the University of KwaZulu-Natal. She earned her undergraduate Bachelor’s degree with a double major in Law and Society/ Philosophy, with an emphasis in Criminal Justice/ Ethics and Public Policy from UC Santa Barbara in 2003.

If hired, Scott will be the City’s first African American female city manager.

Scott’s Controversial Social Media Posts

But the prospective city manager’s social media posts and comments are already causing a stir, as some of them include racially charged comments by Scott dating back to 2018 and more recently, advocacy for such matters as a “Free Palestine”.

X/Twitter Posts and Comments

In a reply to a Twitter/X post on Aug. 30, 2018, by Franklin Graham, son of Rev. Billy Graham, which reads, “Our nation is in trouble—and it’s because we have taken God out of everything. Follow if you agree,” Scott wrote on Oct. 5, 2018, “Please stop. You abandoned God a long time ago by supporting racists and bigots who help you preserve your whiteness. Stop using GOD to justify your ugly ways. See you in hell!”

A post on her Twitter/X account (https://x.com/bethalightmarie) on June 3, 2019, she wrote, “I’ve never hated a character @FelicityHuffman more. Life imitates…that white women are the problem…in real life. Because also who raises white men? #Beckydoes #thatswho #whitewomendobetter #ShameOnYou #CentralParkFive #reidtechnique #f—kkktrump (redacted by the Herald) @realDonaldTrump.”

In a February 16, 2020, post, in response to another post Scott wrote, “White parents just don’t know/care about what we go through worrying about our children being treated any kind of way due to their skin color. Sad. Infruriating. Unfair” and the word America with “kkk” in the middle as “amerikkka”.

A post on Jan. 6, 2021, reads, “You know what’s standing out to me more than these clever memes about today? The White silence on my timeline. #Allies What say you? I need some #Reparations #AccountabilityNow.”  

Facebook Posts and Comments

A post on March 31, 2019, on Scott’s personal Facebook page (www.facebook.com/bmariescott) of an article entitled, “What Happens When Poor Kids Are Taught Society Is Fair,” she wrote, “Let’s just keep it real, there is no such thing as fair when the social construct we live in was created by white people for the benefit of white people only- to the detriment of every one else and is upheld by systemic and institutional racism which is codified in law, carried out through disparate policy implementation and enforced and upheld by a justice system that acts as a gatekeeper for the halls of power. These are indisputable facts. Convince me otherwise, I’ll wait.” #spotthewhitelie #callitbyitsname #racism

In a July 4, 2019, Facebook post writing, “Siiiiigh” in response to an article entitled, “How to Celebrate the 4th of July When America is a Constant Disappointment” with the sub-headline which reads, “If you feel like patriotism is morally repugnant right now, you’d be correct.”

In a Facebook post on July 5, 2019, of an article with a list of “15 Books Every American Needs to Read to Get the Full Story of Our Nation which included, “Transgender History – The Roots of Today’s Revolution” she wrote, “Some light Summer reading”.

A June 6, 2022, she posted on Facebook about being “the angry black woman”, “To [sic] many times to count.”

One of her more recent and innocuous posts was on Dec. 31, 2023, and reads: “The aftermath. 2023. Feeling so blessed and incredibly grateful to my tribe. My camera roll is wild- so much good stuff! Going forward into 2024 with a humble spirit and a full heart knowing that there is much work to be done if we are to be in our humanity. Free people read freely. Oppression is the root cause of conflict. Everyone should have access to housing and healthcare. Water rights for all. Free Palestine.

And the list goes on. I hope we all love harder in 2024. Happy New Year to you!”

Only Barbanica Responds to Questions for City Council Members

All five councilmembers were asked via email Friday night why they would you hire someone without first introducing the candidate to community leaders, including those from city commissions, the Chamber of Commerce and non-profit organizations as has been done in the past, to get input from them before you vote.

They were also asked if there were no other candidates who have experience as a city manager or an assistant city manager for other cities.

The councilmembers were asked before narrowing down their choices to Ms. Scott, if they were aware of her rather controversial remarks on her own social media pages. Some of the comments above were shared with the councilmembers.

They were then asked if she is really the best candidate and the best fit for Antioch city manager out of those they interviewed. Finally, the councilmembers were asked, if they you really think someone so racially divisive is the right choice for Antioch city manager especially after our community has just gone through the upheaval from the racist text scandal caused by some of our police officers.

Barbanica responded, “My position has been all along this should have been a public hiring. There should have been full transparency as the public needs to be apprised of the progress of the hiring all along. I said that publicly so the public could be made aware of who we were considering. The public went from knowing absolutely nothing about it to one day saying we have a final choice and we’re hiring a city manager and offering a person the job.”

“The public wasn’t aware we had a pool of applicants and that we had narrowed it down, where we were in the progress, and if we’re doing interviews. At one point all the department heads were allowed to do a meet and greet with multiple applicants. The public should have been made aware, so it didn’t come as big surprise.”

“Yes, that should have occurred,” referring to meetings between the final applicant and community leaders before the vote.

“This council should not be making the decision. This should be pushed out to the next council after the election. We have three seats that are up for election,” Barbanica continued. “We’re 70 days from an election as of Tuesday and this should not be decided by this council. It’s very likely that the overall direction of this council could be changing, depending on what the voters decide.”

Asked about the experience of other applicants he said, “There were some qualified candidates that along the way removed themselves from the process.”

“I have supported and continued to support leaving Kwame Reed in that position until the next city council is seated,” Barbanica stated. “At least bring him on as the interim city manager for the next couple of months and let the next council decide if they want to continue with him or start this search over.”

“I’m looking forward to hearing public comments on Tuesday night before I make my final decision,” he added.

When reached for comment, District 3 Councilwoman Lori Ogorchock said, “I will comment after Tuesday’s meeting and not before, because the vote hasn’t been disclosed and would be a Brown Act violation.”

Additional efforts to reach Mayor Lamar Hernandez-Thorpe were unsuccessful prior to publication time.

Meeting Times and Location

The Tuesday night meeting inside the Council Chambers at City Hall, located at 200 H Street, begins with a Closed Session at 5:15 p.m. during which the council will discuss the appointment of the new city manager. The public will have the opportunity to speak during public comments on the items they will be discussing prior to the council adjourning into their closed-door meeting. The council members will also discuss an existing lawsuit and anticipated litigation followed by the performance evaluations of both Acting City Manager Reed and City Attorney Thomas L. Smith.

The regular meeting will begin at 7:00 p.m. City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream on the City’s website. See the full agenda packet.

In the City where “Opportunity Lives”, give the new council members the opportunity to make the decision

By Allen D. Payton

With less than 90 days until the election on November 5th when two new Antioch City Council members will be elected and a new mayor could be elected, it’s too late for the current council to make the decision to hire the new, permanent city manager.

District 2 Councilman Mike Barbanica is running for county supervisor instead of re-election and District 3 Councilwoman Lori Ogorchock can’t run for re-election because she was gerrymandered out of her district by the council majority in 2022. Plus, Mayor Lamar Hernández-Thorpe is running for re-election while facing a formidable challenger in former city manager, Ron Bernal who could very possibly win.

Why should those three council members help choose the city manager who the three new council members would be working with for the next four years? The answer simply is, they shouldn’t. Plus, both Barbanica and Ogorchock have stated they agree the next council should make the decision. He said on Tuesday, August 13, 2024, “That has always been my stance.”

What if the new council majority doesn’t click with the new city manager? They would be forced to work with the person or terminate the contract costing the City and wasting taxpayer funds by paying the severance, which is usually 12 to 18 months of a city manager’s salary.

The one good thing, this time, is the council hired a company to conduct a nationwide search. But they waited too long to get started, after the previous city manager, Con Johnson, who was hired without a nationwide search, was promoted from acting city manager on Oct. 26th immediately before the 2022 election, placed on administrative leave on March 17, 2023, and then resigned effective July 14, 2023. Part of the challenge and delay was the council could only find one search firm to submit a bid to take on the responsibility.

The mayor and council majority could argue the point that they need to make the decision, now to comply with the six-month deadline by the county’s Civil Grand Jury from their report issued in June. But it would be the height of arrogance for the current council to make such a decision impacting the two new council members and possibly three, including a new mayor, without their input. I’m pretty sure the Grand Jury would both understand and give the new council a little more time to comply, knowing that a change in leadership and direction of the city has occurred which won’t cause more of the same concerns to the jurors.

If Hernández-Thorpe is that confident he will be re-elected, then he’ll recognize the city will be fine for a few more months operating under the day-to-day leadership of Acting City Manager and Economic Development Director Kwame Reed and limping along with an interim police chief, two other acting department heads and an acting assistant city manager, and the mayor will wait. The other two council members, Mayor Pro Tem and District 4 Councilwoman Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker will still be involved in the decision even after the election. If the mayor is re-elected, he too will have a say, which can occur right after the council meeting in December when the new members are given their oaths of office.

But we’ll see what the three decide and hopefully they won’t repeat their past action when they appointed the previous city manager less than two weeks before the last council election. They must give the new council the opportunity – which the City’s slogan claims, “Lives Here” – to make the decision to hire a new city manager.

Identifies victim, asks Antioch council to take action, says they were warned of dangers; police ID suspect; 4 councilmembers, city staff offer no responses to organization, questions

By Allen D. Payton

Following the death of an Antioch cyclist in a collision caused by a drunk driver on Lone Tree Way on Saturday, July 27, 2024, Bike East Bay Bicycle, on Thursday, Aug. 1, 2024, called it “preventable” and announced a statement sent in a letter to the city council asking for action to “mitigate the ongoing dangers”. The letter also identified the victim as “a 29-year-old mother of 2 named Linda Woolridge.”

As previously reported, according to Antioch Police, the 38-year-old male driver from Antioch, “was arrested for suspicion of driving under the influence of an alcoholic beverage causing serious bodily injury or death.” The six-foot tall, 205-pound Hispanic suspect is identified as Alexander Mayorga, born June 29, 1986.

According to Antioch Police Lt. Desmond Bittner, he was arrested and then released pending the results of the toxicology report. Then once we get those back the case will be submitted to the DA’s Office who will determine if charges will be filed against him.”

Asked how long it will take for report to be received Bittner said, “I’m told it’s four to six weeks for the toxicology report. But it depends on the case. For a felony DUI case they could possibly get it expedited.” The case # is 24-006570.

A post on the group’s Facebook page asks the public to join them in their effort writing, “This week Linda Woolridge was struck and killed by a drunk driver while she was biking on Lone Tree Way in Antioch. Linda was a mother of 2, and the 11th person killed on this corridor since it was increased from 4 to 6 lanes in 2018.
We are devastated by all of these preventable tragedies. Please join us in writing Antioch City Council at cityclerk@antiochca.gov ahead of their August 13 meeting, to ask that they coordinate with Bike East Bay on near-term safety mitigations for the corridor.

Read our full statement at the link in our bio.”

The statement signed by Robert Prinz, the organization’s Advocacy Director, says widening Lone Tree Way from four lanes to six lanes in 2018 “was a mistake”, although the road was designed and built to accommodate the additional lanes. They also reminded the council that they and city staff were warned by their members and an Antioch resident about the dangers of eliminating the bicycle only lanes for shared lanes with vehicles before the lanes were added.

However, the organization’s statement acknowledges the “response provided by the city traffic engineer…was as follows: ‘Much thought has been given to the decision to follow the general plan and stripe three lanes along Lone Tree Way (in each direction). This project has been in the works for many years with the Mokelumne Trail being the preferred bike route adjacent to this roadway. Shared bike lanes are also being provided in accordance with the California Manual of Uniform Traffic Control Devices to provide riders options to use the roadway.’”

The coalition wants the council “to request that staff coordinate with Bike East Bay and the Antioch Parks & Recreation Commission, which currently serves as Antioch’s bike/walk committee, to develop a rapid response, near term safety project for Lone Tree Way and mitigate the ongoing dangers on that corridor.

This project should be informed by countermeasures from the Local Road Safety Plan, as well as Caltrans’ 2024 Complete Streets Contextual Design Guidance.

We also request that you initiate an Antioch bike/walk planning effort, the city’s first and separate from the Contra Costa Countywide Bicycle and Pedestrian Plan. City Council should form a dedicated bike/walk commission to help provide community oversight on plan development and implementation.”

See East Bay Bike’s statement in letter to the Antioch City Council

Questions for City Council, Staff Go Unanswered

City council and staff members were asked if they had responded to the organization and, if so, to provide a copy. They were also asked if the council or city staff have any plans to take any action, or if they are already doing something to address Bike East Bay’s concerns.

Only District 3 Councilwoman Lori Ogorchock responded writing, “I have not reached out to them. I know I questioned how the cyclist would be able to ride on the roadway and cannot for the life of me remember how I voted.  I know I was concerned about the safety.”

That’s because there was no specific vote on the restriping of Lone Tree Way to six lanes. The comment made by a resident mentioned in the coalition’s statement was made during general Public Comments at the council meeting on Nov. 27, 2018, which was shown incorrectly as Nov. 26.

Statement Author Says “This is a Broader Safety Issue”

“It was never agendized,” Prinz stated when asked about the date of the council vote and correct meeting date the comment was made. “It was part of a larger paving project in either 2017 or 2018.”

“It’s not just a bike safety issue. This is a broader safety issue,” he added, which mirrors the list of incidents mentioned in his letter.  

“Since then, 11 people have been killed in crashes on Lone Tree Way, many of them related to speeding,” Prinze wrote. “These people included Elijah Holland, an 11-year-old Antioch resident who was crossing the street on foot when he was hit and killed by a driver in 2020 and 20-year-old Angela Fierro, a pregnant mother who was killed while riding in the passenger seat of a vehicle involved in a high-speed crash with another driver.”

“Another 21 individuals have been seriously injured in crashes since the 6-lane configuration was installed, many of whose lives are forever altered via pain and disability,” he added to support his point.

“As to plans, it would have to be part of the next council meeting, which I will reach out to Kwame to see if we can add,” the councilwoman wrote.

Additional attempts to reach Mayor Lamar Hernandez-Thorpe, Acting City Manager Kwame Reed and Acting Assistant City Manager and Recreation Director Brad Helfenberger for a response were unsuccessful prior to publication time.

A GoFundMe account was set up for Woolridge, but it can no longer be found on the site.

Please check back later for any updates to this report.

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.