50% of gas now supplied to owner’s customers in Contra Costa originates in Canada as much as 3,500 miles away instead of 35, about 80% from fracking

“The farther that natural gas must travel to its destination, the greater the carbon emissions” – California Resources Production Corporation

They’re “just doing it for political reasons. That only benefits them, not us on climate change.” – local oil producer Bob Nunn

By Allen D. Payton

After following the lead of the Brentwood City Council, in September 2021, the Antioch City Council voted 2-3 against renewing the franchise agreement for the low-pressure, natural gas pipeline that runs beneath the two communities. That resulted in it being closed and the City foregoing the annual franchise fee of $16,871.90. Pipeline franchise agrmt extension ACC092821

Proposed by District 4 Councilwoman Monica Wilson, Mayor Lamar Hernandez-Thorpe and District 1 Councilwoman Tamisha Torres-Walker joined her in opposing the 35-mile long, 12-inch pipe which carried 1.8 million cubic feet of natural gas daily which is enough to supply about 9,000 homes. District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock supported the motion to renew the agreement. The result has been an increase in the emission of greenhouse gases and a much dirtier product being used by the refineries, from which Antioch is downwind, thus defeating the purpose the three council members claimed was the reason for their action.

The gas had been supplied from the Brentwood natural gas field, and natural gas fields in western San Joaquin County on Union Island in the Delta, southeast of Discovery Bay, as well as in French Camp and Lathrop. But the council’s decision also forced the pipeline company’s customer that it served, Chevron refinery in Richmond, to obtain their supply elsewhere. At least 99% of that supply originates out of state with over half from natural gas fields in British Columbia, Alberta and Saskatchewan east of the Rocky Mountains in Canada, traveling a distance of as much as 3,500 miles instead of just 35.

In Canada, natural gas production is concentrated in the Western Canadian Sedimentary Basin (WCSB), with the highest production in the provinces of Alberta and British Columbia with more than twice as much from Alberta than from BC.

Pipeline Owner Sues City

Following the decision, the company that owns the pipeline, California Resources Corporation (CRC), believed they had the right to continue operating the pipeline. At that time, spokesman Richard Venn, Senior Director, Communications said, “We believe there are legal protections in place that prevent an arbitrary and immediate shutdown, and we will continue to work with the city and its staff on the best solution.”

However, that was not to be the case, the pipeline was shut down, and on Dec. 27, 2021 the company’s subsidiary, California Resources Production Corporation (CRPC), filed a lawsuit against the City of Antioch over the council’s decision.

CRPC did not file a lawsuit against the City of Brentwood and the company has reapplied for the franchise agreement for the portion of the pipeline that runs beneath that city.

CRPC did not file a lawsuit against the City of Brentwood and the company has reapplied for the franchise agreement for the portion of the pipeline that runs beneath that city.

Questions were sent on May 12, 2024, to a representative for CRC about the status of the lawsuit, details about the pipeline and any impacts the change in supply is having on the environment. Venn responded on May 28, 2024, with the company’s answers:

1. Where is CRC in the process with its lawsuit against the City of Antioch? Was one also filed against the City of Brentwood? When were they filed and how soon does CRC expect them to be finalized?

On May 25, 2023, the trial court sustained the City’s motion to dismiss CRPC’s complaint, effectively ending trial court proceedings against the City. On August 25, 2023, CRPC appealed this decision. The parties are currently briefing the appeal. CRPC’s opening appellate brief was filed on April 22, 2024. The City’s brief is due July 3, 2024. CRPC’s reply will be due on August 16, 2024. A decision is unlikely to occur until late 2024 or even early 2025.

No lawsuit has been filed against Brentwood. The application for renewal of the Brentwood franchise is still pending. Per the Brentwood City Council’s request, CRC hired independent consultants, Bear, Inc., to perform a safety study on the Union Island (“UI”) Pipeline, which was published in April 2022. The study confirmed the UI Pipeline is a very well maintained and safe pipeline.

2. If the company had certain rights granted by the California Public Utilities Commission (PUC) that would prevent the cities from stopping CRC from operating the pipeline and continuing to ship gas through it how has the City of Antioch been winning in court? What have been the decisions in favor of the City?

CRPC does not presently have any rights granted to it by the PUC related to the UI Pipeline. However, CRPC has applied for a certificate for public convenience and necessity (“CPCN”) to have the UI Pipeline converted from a private pipeline to a common carrier pipeline. If the CPCN is granted, CRPC would become a regulated public utility, with the CPUC controlling certain aspects of the UI Pipeline’s operations and the rates that CRPC can charge for use of the Pipeline. The UI Pipeline’s day-to-day operations would not change however, after flow through the UI Pipeline restarts, and CRPC would be subject to the same federal and state regulations for safety and environmental protection.

If the UI Pipeline right-of-way were condemned to allow it to resume operations as a common carrier pipeline, as part of the condemnation proceedings, CRPC would have to provide “just compensation” for use of the right of way.

3. Where does the natural gas originate that was running through the pipeline in Antioch and Brentwood?

The natural gas that was running through the pipeline originates from the French Camp, Lathrop, and Union Island natural gas fields in western San Joaquin County and the Brentwood natural gas field in Contra Costa County.

4. Who are the customers served by the pipeline?

The gas is transported from the UI Pipeline to Chevron Corporation’s Richmond Refinery. The gas is used to power the refinery and used in its industrial processes to make jet fuel, diesel and gasoline that is distributed throughout Northern California.

5. From where are those customers now receiving the gas?

The gas that the Richmond refinery is no longer receiving from the UI Pipeline is supplanted by gas from PG&E’s system. The overwhelming majority of PG&E-supplied gas is from out of state. According to the most recent published information on PG&E’s gas sources, over 50% of the natural gas supplied by PG&E comes from Canada via the Gas Transmission Northwest (“GTN”) system. See 2023 California Gas Report, Table 5, https://www.socalgas.com/sites/default/files/Joint_Biennial_California_Gas_Report_2023_Supplement.pdf. Only around 1% of PG&E’s gas comes from California.

Around 80% of the natural gas produced in British Columbia, the upstream production region feeding the GTN pipeline, is produced by fracking. See https://stand.earth/.

6. Is the gas coming from Canada, is it not as clean as that produced in California, and how many miles is the gas now being shipped versus how many miles, previously?

As stated above, 80% of the natural gas produced in British Columbia is produced by fracking. Accordingly, we expect the majority of PG&E gas from Canada to be the result of fracking. This means that by stopping the UI Pipeline from operation, the City may be prioritizing the use of fracked gas.

The GTN system, which transports PG&E’s Canada gas to California, is a > 1,300-mile pipeline system. A map of it can be found at https://www.tcenergy.com/siteassets/pdfs/natural-gas/gas-transmission-northwest/tc-gas-transmission-northwest-map.pdf. (See center map at top of this article)

The >1,300-mile figure does not reflect the total distance Canadian gas must travel to reach Richmond, California, though. The GTN system only runs from the Canadian border in Montana to northern California. Accordingly, Canadian gas going to the Richmond refinery must be transported from wherever the natural gas fields are located in Canada to the mouth of the GTN system in Montana. It must also be transported from northern California to the Bay area. Accordingly, gas from Canada travels well over 1,300 miles to reach the Richmond refinery.

By contrast, the UI Pipeline assisted in the transportation of local gas from the natural gas fields in western San Joaquin County and the Brentwood natural gas field in Contra Costa County to Richmond, a drastically shorter distance.

7. Have there been any environmental impacts because of the change in the natural gas supply to those customers?

The farther that natural gas must travel to its destination, the greater the carbon emissions attendant to those pipeline operations. Additionally, the gas transported by the UI Pipeline is not fracked, as compared to the majority of PG&E’s gas obtained from Canada.

Finally, any GHG emissions from gas production in California are compensated for under the cap-and-trade program, which is not the case in most of the other jurisdictions supplying PG&E.

8. Has there been a change in the costs to CRC’s customer(s) in both the purchase of the natural gas from one or more different sources and the production of their products to their customers? And ultimately to the consumers?

Without the UI Pipeline, local gas cannot be delivered to the Chevron refinery. The contribution of local gas to the refinery helps keep gas prices competitive, which further keeps prices low and the refinery open. The Richmond refinery has a workforce of over 2,700 company employees and 850 contract workers, according to the Richmond Chamber of Commerce. See https://www.rcoc.com/membership-directory-2/name/chevron-richmondlorenz/.

9. Is the pipeline that runs through Brentwood and Antioch different than the high-pressure line that exploded in San Bruno in 2010? What are the differences between the two pipelines?

10. What could the Antioch and/or Brentwood City Council do to remedy the situation?

The City could extend the franchise to allow for operation of the UI Pipeline. With an extension, the City could propose additional conditions on the operation of the Pipeline to address any of its continuing concerns. Using this authority to ensure enhanced protections or benefits for the City, while allowing the Pipeline to safely transport gas as it has for the past thirty years, was not something the City officials considered during the public hearing on the franchise renewal. This kind of win-win solution would have protected the citizens from the costs of litigation, brought revenue to the City, and given the City peace of mind about the UI Pipeline’s operations.

It is also important to keep in mind that the UI Pipeline is by no means the only natural gas pipeline running through Antioch. All federally regulated natural gas and hazardous liquid pipelines can be identified using the National Pipeline Mapping System Public Viewer, which can be accessed at https://pvnpms.phmsa.dot.gov/PublicViewer/.

There are several natural gas transmission pipelines running through Antioch besides the UI Pipeline. Some of these are high-pressure pipelines, in contrast to the UI Pipeline, which is considered a low-pressure pipeline. In addition to these other natural gas pipelines, there are over 34,000 natural gas connections in Antioch.

11. If the council(s) choose to settle the lawsuit(s) would the city(ies) have to reimburse CRC for their attorney’s fees?

The terms of any settlement would govern whether attorney’s fees are reimbursed by either side.

12. Is there anything else you would like to share about the matter?

CRPC is committed to operating in a manner focused on safety, environmental stewardship, and promoting the health and welfare of all Californians. One of our leading “Values” is being a responsible operator, meeting – if not exceeding – California’s high standards for safety and environmental protection. We have a decades-long successful track record of safely and efficiently operating critical energy infrastructure such as the UI Pipeline within the City of Antioch and we look forward to continuing to work with the City and its staff to provide safe, reliable, and low carbon.

Local Environmental and Economic Benefits of Pipeline, Supports Farmers

In addition, CRPC shared information from their application to the state’s PUC about the pipeline and its benefits to the environment and local economy. The company wrote, “The UI Pipeline currently provides the only viable avenue for the natural gas produced from the Fields to reach the market, including the Richmond Refinery, which currently utilizes all of the natural gas carried on the UI Pipeline. The use of in-state natural gas displaces the use of out-of-state natural gas produced in other states and transported by pipeline into California. Currently, California imports over 90% of its natural gas from out-of-state fields where the environmental and greenhouse gas regulations may not be as stringent as those required here in California. Absent the UI Pipeline, production from the Fields would cease and the State would have to look to alternate natural gas capacity at a time when natural gas supply constraints have been widely reported.

“Given California’s current natural gas demand, the natural gas production from these Fields would likely be replaced by out-of-state production, which would be contrary to statutory preferences for in-state production of natural gas and would result in appreciable environmental impacts and increased costs. Natural gas produced out of state is not obligated to follow California’s more stringent environmental and greenhouse gas regulations, and transporting natural gas from out of state through interstate pipelines increases greenhouse gas emissions, as compared to in-state production. Furthermore, in the future, the Field would be capable of converting to carbon dioxide storage and sequestration, which is widely considered a necessary component to achieving long-term climate goals. The UI Pipeline is therefore a key component in not only ensuring the Fields continue to provide in-state natural gas, but also in reducing the environmental impact of natural gas consumption. In-state natural gas production may also mitigate the substantial increases in natural gas costs to California customers over the past year.

“Closure of the UI Pipeline would also have a significant economic impact to the local community. Over 200 local landowners receive revenue from royalties associated with natural gas transported on the UI Pipeline. Many of the royalty holders are local farmers, and monetizing these mineral rights helps support local farming operations. Closure of the UI Pipeline would eliminate any opportunity for those mineral owners to monetize their assets.”

Questions for Council Members Go Unanswered

All five council members were informed of the answers provided by CRPC on Monday, June 24, 2024. Herandez-Thorpe, Wilson and Torres-Walker were asked if, knowing now that the action by the council majority has had a greater impact on the environment, will they reconsider and reverse their vote to deny the franchise agreement allowing the pipeline to resume operations in Antioch.

They were all also asked if they know how much the City has spent to date defending against the lawsuit by the pipeline owner.

None of the council members responded prior to publication time.

Additional Questions for CRC

Asked if the Antioch City Council reverses its decision and approves their franchise agreement can the pipeline reopen, company spokesman Venn said, “The renewal for the franchise for Brentwood is still pending.”

Both cities must approve their separate franchise agreements in order for the pipeline to reopen.

Local Oil Producer Says Council Members “Doing the Opposite of What They Claim”

When reached for comment about the information from CRPC and the council’s decision to shutter the pipeline, Brentwood businessman, Bob Nunn, whose company is the only holder of a permit to drill for natural gas and oil in Antioch said, “We have the strictest rules for oil and gas in California. The energy used to move the gas 100 times further is going to be greater.”

“California is doing its best in the name of climate change. But in the last three years, California has used more oil each year than in the previous year,” he continued. “The production of oil in California to support that demand has gone down each of those three years. CARB (California Air Resources Board) will show you, on the whole, imported oil will have more emissions than oil produced in California.”

“If they’re doing it in the name of climate change, they’re doing the opposite of what they claim,” Nunn stated. “The issue is to lower demand not squeeze supply. It’s Economics 101. Their model is flawed.”

“I support decisions that will reduce man’s impact on climate change. But make sure you do your homework that their positions are for the benefit of climate change,” he said. “If not, then you’re just doing it for political reasons. That only benefits them, not us on climate change.”

Please check back later for any updates to this report.

Reallocates excess funds from Downtown Roadway Project, $550,000 were originally slated for housing

By Allen D. Payton

During their meeting on Tuesday, June 25, 2024, the Antioch City Council approved spending $6.4 million of federal Community Development Block Grant (CDBG) and state funding on affordable housing and homeless services, including 102 units on the properties of two churches to serve close to 300 residents in the city. District 1 Councilwoman Tamisha Torres-Walker was absent for the meeting.

At the beginning of the regular meeting Assistant City Attorney Brittany Brice reported out of closed session that on the civil rights lawsuit by Trent Allen, et al vs. City of Antioch and on the recruitment of the city manager there was “no reportable action”.

Besides approving the sideshow ordinance on a 4-0 vote, which outlaws organizers, advertisers and spectators, the council approved spending funds for affordable housing and services for Antioch’s homeless residents.

Based on the funding recommendations of the CDBG Committee, consisting of Torres-Walker and District 3 Councilman Mike Barbanica, it includes $4,050,000 in Local Housing Successor funding from the City’s former redevelopment agency for homeless services and the development of affordable housing with 80 units on the property of Grace Bible Fellowship of Antioch on Oakley Road,

Another $610,896.19 was reallocated from excess funds that weren’t needed for the Downtown Roadway Project, for the development of affordable, supportive housing for extremely low-income and homeless households. It will be used for 22 housing units on a 2.17-acre parcel located at 3195 Contra Loma Blvd. in Antioch, purchased from First Family Church, through Hope Solutions.

An additional $6,454,180 of funding to address identified high priority needs of lower income residents in Antioch was approved for spending by the council. That amount includes $879,893 in CDBG entitlement funds, $610,896 in reallocated CDBG funds, $184,970 in previously approved CDBG-CV (Covid) funds, $4,050,000 in Local Housing Successor funds, $645,614 in Permanent Local Housing Allocation (PLHA) funds, and $82,807 in Energy Efficiency and Conservation Block Grant (EECBG) funds.

Agenda Item 10 was a public hearing on the spending and included amending the FY 2024-25 Budget. The council first heard from Public Safety and Community Resources Department Director Tasha Johnson who introduced Teresa House, the City’s housing and homeless consultant, to provide the staff presentation.

“It’s been quite some time since we’ve had an allocation this large and it’s exciting,” she stated. “It’s the plan we present to the federal government for the block grant funds.”

House mentioned the Hope Village project, which is a planned “22-unit housing development on church land” and “Grace Commons. They are partnering with Grace Bible Fellowship…for 80 units. The cost is $50,871” per unit from the City’s grant funds.

However, the total cost is estimated to be $45-50 million for the project.

The cost per home for the Hope Village units will be $27,768 from the City’s grant funding out of a total of $17 million budgeted for the project.

House said this was “the first affordable housing project (of its type) to come before the city or the county in over 15 years.”

Reallocation of Excess CDBG Funds for Downtown Roadway Project

Regarding the reallocation of the Downtown Roadway Project funds for affordable housing, House said, “These were not in any way negligently unspent. These were residual funds waiting for their next allocation.”

“The Downtown Roadway Project received an extra $550,000 by dissolving the rotating housing loan funds,” she continued. “HUD does not allow cities to hold on to monies. If we have excess funds on hand we’re sanctioned by HUD. It’s very necessary we spend the funds.”

“We’re recapturing that $550,000 and additional funds, and spending them on affordable housing, which they’d like to build in our community,” she explained.

No one spoke as the proponent for the public hearing, but resident Andrew Becker spoke as the opponent.

“It’s concerning because we see the growing need in our community and the impact we see as we drive these streets and talk with our community members who speak about the cost of housing,” he said. “We can’t find within our General Budget the funds for shelter housing beyond what we have. We say we don’t have dollars. We ask what it would cost to house the people on the street, but no one can give us those numbers because no one is working on it.”

“Our Point-In-Time Count went up. We know there are more people on the street,” Becker continued. “Instead, we choose to allocate dollars to housing rehabilitation in our community.”

PLHA is money that’s supposed to go to rapid deployment solutions,” he stated. “What is the cost of putting up 50 pallet shelters instead of paying a hotel operator $100,000 a month for 30 rooms?”

“You didn’t even choose to have that conversation. I don’t understand why I have to hear from our housing consultant that, ‘I don’t have enough time.’”

“What are we doing here besides paying that consultant a lot of dollars when what she’s developed doesn’t meet the community’s needs?” he asked. “And some of you don’t even want to sit down and talk with me.”

“We have such few dollars. As far as the millions of dollars going into these developments. What’s concerning when I show up to these CDBG meetings, the developer doesn’t even show up. There should have been the opportunity for council members to ask the developer questions,” Becker complained. “I feel like, as much as staff is right the County is saying we want to see local commitments, there are grey areas of concern.”

“There could be $50 million in costs,” he stated. “Sometimes developers…see these dollars as free money. It’s almost $7 million and when you look at the true intent of what a Housing Successor Agency does…and the misuse of those dollars, you see the cycle continue in a different model unless we have leaders who are responsible who say, ‘I’m not comfortable in giving $1 million in taxpayer dollars.”

“It’s a large cost so I really hope those questions

“I don’t want to see a 80-unit project go up on a church that doesn’t know what kind of waters it’s stepping into,” Becker stated. “If you’re going to ask the people for the dollars, it’s got to make sense.”

Grace Commons

According to the city staff report, the Grace Commons three-story housing project will include 80 units serving 200+ people for an estimated cost of $45-50 million. Funding is coming from capital campaign by church which has been successful for all structures on the property, County, State applications, federal, large tech companies.

Pastor Kirkland Smith spoke about the project planned for his church’s property saying, “This…goes back to 9-11. I’s the dream Grace Bible Fellowship has had for this community.”

He then shared about other services the church provides for the community including “Grace House Sober Living Home on our campus, Grace Closet, Grace After School Tutoring Program…and Midnight Basketball.”

“We’ll provide wrap-around services that will come into Grace Commons. Chalk is the name of the service provider,” Smith explained.

“Antioch is the number one for unhoused in Contra Costa County,” he pointed out.

“When we commit to a project…it’s going to happen. It’s going to come to pass,” Smith assured the council.

“I’m a 29-year resident of Antioch. I’m invested in this community,” the pastor shared.  “I’m excited about the opportunity and I will focus on the work and not those who are trying to frustrate the work.”

Hope Village

According to the city staff report, Hope Solutions is proposing 22 doors/households for an estimated 95 residents maximum to be named Hope Village. The city money will be used for development of the units. Total costs are $17 million in budget with a capital campaign, plus, they will be going back next year to the County and will pursue other sources.

Jasmine Tarkoff, a representative of Hope Solutions spoke about the organization saying they had, “a long history of service in this county for close to three decades. We serve 3,500 individuals with our…services.”

“We spoke to dozens of people in Antioch, house and unhoused about Cottage Communities on faith-owned land” she stated and said the 22-unit project would consist of one-, two- and three-bedroom manufactured homes.

“Hope Solutions will serve as the professional service provider,” Tarkoff continued. “In addition, we will provide the professional property management services on site…every single day.”

“Hope Solutions has launched a capital campaign to raise private funds to couple with this project,” she added.

Hope Solutions provided a presentation in February 2023 to the city council about their proposed tiny home project in Antioch. The organization broke ground on another Hope Village last fall at Grace Presbyterian Church in Walnut Creek.

Antioch resident Louise Greene spoke next saying, “There’s talk, ‘we’re going to build this and they’re going to move in.’ No, they’re not. Those aren’t normal homeless people. They’re unstable.”

“By law you can’t force anyone into a program. It’s not just building a box. It’s building a home,” she continued. “It cost us $17,000 over three years to help my sister. There’s no instant solutions and the cost is a lot. If you can’t give them back their dignity that’s not the right program.”

“Along with these services they’re looking to build, is family help for the whole wrap,” Green stated. “The people on the street have the final say of what kind of housing, what kind of program they want to go into.”

“I’d love to know, with Grace, if you have to be a church member to receive housing or with Hope Solutions,” shared another woman who said she had been homeless twice.

Ralph Hernandez was the last public speaker on the matter, saying he agreed with the comments made by Andrew Becker.

“All of that money going to that private hotel, the City didn’t end up having any ownership in it,” he stated. “They had their…motel rooms improved and upgraded.”

“It was a drug haven, and you had some prostitutes going there and being run by thugs,” Hernandez continued.

“The City has to know what you are spending and giving public monies for. You’re supposed to evaluate what the money is going to. These groups have plans to have this housing…it’s great. But you, as the City should have some ownership…not just give taxpayer money out and say, ‘you own it. 100%.’”

“Now, what I’m reading is the City won’t have enough money to continue that program, there,” he stated. “Is the City going to throw more money into it? You’ll still have no ownership.”

Council Discussion & Unanimous Votes

During council discussion on the use of the funds, Barbanica spoke first asking questions of Ms. House.

“There is some concern with the public that we’re shorting projects that are out there for curbs, gutters, roadways with these monies moving from one fund to another.”

“Are we shorting something, now?” he asked.

Acting Public Works Director Scott Buenting said, “The answer is no. There is nothing being worked on, currently that these monies would be spent on.”

“How much are we spending to hand over to these two groups?” Barbanica then asked.

“That is $4 million and some change,” House responded.

“Just so the public understands. This is not money coming out of our General Funds,” the councilman stated.

“CDBG and Housing Successor Funds,” House explained. “That money is all a loan. We’re not giving anyone anything. It’s bringing $70 million coming from elsewhere.

“This will help 250 people to get off the streets,” he said.

“That’s correct,” House responded.

“Where will the public get the most out of it? This is permanent, long-term housing,” Barbanica stated. “It’s not just bridge housing.”

“It’s a loan. We have recourse to go after the property,” he explained. “I support the project.”

“The agreement for affordability with the City, it must remain for 55 years,” House added.

“For Hope Solutions, the purchase will most likely be from CDBG funds,” she said in response to a question from Ogorchock. “The Housing Successor funds won’t be available until 2025.”

“The timing for Hope Solutions is 2026 and the other one, 2027,” Ogorchock stated.

“That timetable was if they got funding from the County. They did not…so that timetable will get pushed out,” House explained and added that another project “took nine years”

“There is not one way into homelessness and there’s not going to be one way out of homelessness,” Hernandez-Thorpe stated. “To think there’s one magic bullet…is a ridiculous notion. While homelessness increased overall in the county, imagine if we didn’t have these programs in place.”

Barbanica made the motion to approve the expenditure of the $4 million in CDBG funds for the two projects. It was seconded by Ogorchock and passed 4-0.

Barbanica then moved approval of the reallocation of the remaining Downtown Roadway Project funds of $611,000 for the use of development of affordable housing for extremely low-income households. Ogorchock seconded the motion and it also passed 4-0.

Finally, Barbanica made the motion to approve spending CDBG funds, including Coronavirus funds and Housing Successor funds for affordable housing. Ogorchock seconded the motion and it passed 4-0.

“Congratulations to you both,” Barbanica said to the representatives of the organizations building the housing projects.

See the complete staff report and resolutions on the item.

Can face up to 6 months in jail, $1,000 fine

Torres-Walker absent

By Allen D. Payton

During their meeting on Tuesday, June 25, 2024, the Antioch City Council on a 4-0 vote passed an ordinance banning organizers and advertisers of and spectators at sideshows. The matter was finally dealt with after discussing the matter since last fall and holding two previous votes, one which adopted an ordinance without targeting spectators and the follow up vote, for which none of the three council members present supported it. (See related articles here, here, here and here)

Most of the residents who spoke during public comments on the agenda item were opposed to including a ban on spectators citing possible constitutional issues and profiling by police, and concerns that those stuck in their cars could be cited.

Before hearing from residents during the public hearing, Mayor Lamar Hernandez-Thorpe said, “The city attorney would have acted as the proponent” but was absent from the meeting. The mayor then asked who would be the opponent, resident Alexander Broom volunteered and was given 10 minutes to speak.

“There are some large concerns I have with Attachment A which goes after the spectators,” he said. “I don’t think there’s a crime that I could be a witness to and be guilty of a crime. I think there are some constitutional issues there.”

“Anyone who is found to be within 200 feet witnessing or observing a sideshow,” he pointed out as one example.

“There are multiple instances that I would go to part of car culture, then you have people who show up and ruin the event,” he stated. “Me just being present doesn’t mean I’m a participant. This ordinance…is far too broad. I would encourage you to not include the spectator portion.”

“I had one of my friends come out to one of these events and a car show broke out. He was profiled,” he stated. “I could face up to six months in jail for being at the wrong place at the wrong time.”

“There are so many other routes you can go after spectators for this disturbance,” he said. “I think this opens up the city to more lawsuits…to more civil rights violations.”

“I’m open to compromise. I’d rather see the second ordinance go forward that doesn’t include spectators,” he concluded. “This is far too broad.”

Ralph Hernandez said, “These car culture violators should figure out how to lawfully and peacefully cruise. You should keep option 1 to include spectators.”

These are not really spectators. They’re encouraging bad conduct In law, that’s aiding and abetting,” he continued. “I think the police are smart enough…to make differentiation who is a spectator. How do those people claim they’re merely parked there?” he asked. “Come on you have to sell that to someone else.”

“The 200-feet limit, it’s appropriate because these sideshows take up a lot of space,” Hernandez continued. “Is that car culture? They’re violators of the law…by those actively participating, drivers, blockers. If they don’t want to be considered a violator they should not go there.”

“Their cell phones should also be confiscated,” he added. “It’s dangerous. It’s not a football game.”

Teshina Garrett, ACCE Antioch asked, “Who or what is considered a spectator?” and then spoke of her experience being stuck due to a sideshow. “We took photos…of people doing stupid stuff in the middle of the street. Does that make us a spectator?”

“Use these drones, Take their license plates, confiscate their vehicles,” she added.

Resident Dr. Kimberly Payton, Vice President of the NAACP East County Branch, spoke next about her own experience of getting stuck in traffic due to a sideshow. “Therefore, I don’t understand how you can tell a spectator and someone who is stuck. I just encourage you to consider the definition of a spectator if that’s the route the council is going.”

Andrew Becker also shared about “a sideshow that popped up. Within two minutes there were 200 people there. They were jumping on my car. I understand there’s a subjective component there. I also understand you have to have these tools. It’s the individuals…who are driving these things. I’m wondering if…an individual who is cited, they can have it reviewed by the Oversight committee. I think that would be monumental. It might alleviate some of the concerns here.”

Gavin Payton asked, “Some of the sideshows are actually dangerous for cars and for pets, the next day because they’re throwing bottles and the glass is breaking on the curbs and the bushes. Is there going to be some kind of action for that, as well?”

A resident named Devin said, “We really need to determine what a spectator is. We all know that the definition that some will use is not fair to everyone. People can determine who’s participating in these things, who’s taking videos and advertising these things. This is a problematic issue we are having in this city. But the language…people being accused of being a spectator, but they weren’t. Two hundred feet…that’s not fair.”

A woman named Laura said, “I am not an expert on car culture but I’m an excellent driver…and I am a parent. I think it’s dangerous to include spectators …because…systemic racism is a thing. So, I don’t think spectators should be included in this.”

Louise Green spoke last saying, “Using the simple word spectator is scary to everyone. I think this is more targeted to spectator participants. It’s a game they play. They were throwing T-shirts over their license plates. They’re actually throwing their bodies into the cars. You’ll have to put the spectator clause in there. Unless you can get real specific on the language, they are spectators, but a participant spectator. They have racing guns that they signal when the police are coming. There were maybe five people on the sidewalk. But the 200 were spectator participants. They get out of their vehicles. If I’m trapped in my car, they’re going to know, they’re not part of it. We do have to include them because they’re part of the problem.”

Council Discussion

Barbanica spoke first saying, “We’re talking, here about active participants. Not someone sitting in their cars. There’s also a big difference with someone videoing, when an officer rolls up. They say, officer, ‘here’s my phone.’”

“They leapfrog ahead to the next sideshow. It’s very detrimental to the community,” he stated. “This has terrorized the community long enough.”

“These are roving sideshows that are very organized. We have to go after people who are active participants,”

“These sideshows are getting more and more frequent and they’re roving around the city,” Ogorchock stated. “I would ask the city attorney’s office if we can increase the penalties not just $1,000.”

“A San Joaquin Sheriff would not release the cars from a sideshow until the participants’ court dates,” she shared. “These cars are part of evidence.”

“I think we should also look at reimbursement for the use of our resources,” Ogorchock continued. “As we as community members, these are our dollars. These people, the majority of them are coming from outside the community.”

“This is a quality-of-life issue,” she stated. “If we can’t add these to the ordinance toight

Wilson said, “I’m going to steal the term spectator participant. These spectator participants…they’re filming and livestreaming it to let their friends know where they are. We need to hold those participants accountable along with the organizers and advertisers.’

“I betcha there are people from inside our community,” she added.

“We need to start talking about why is this happening. What’s the root cause?” Wilson asked. “We definitely need to include something about the spectators.”

Hernandez-Thorpe spoke last saying, “this doesn’t necessarily stop sideshows. These are tools that once sideshows are happening they can be used. These aren’t preventative. What actually prevents sideshows is determining who is starting them. But unfortunately, our traffic division has been decimated.”

“I’m all for all of them, spectators, organizers and those who advertise,” he stated. “If we pass something tonight it will come back late July and will go into effect 30 days later, at the end of the summer months. If we need to make changes, we do it in the fall.”

“The technology in the police department in my opinion allows them to differentiate between a spectator,” the mayor shared. “Let’s pass something now, tonight and build on it and not let perfection be the enemy of progress.”

Ogorchock then made a motion saying, “I’m going to add” then read the ordinance that included banning spectators, “including not releasing vehicles until court dates and reimburse costs of resource.”

The Assistant City Attorney said, “I think there are some concerns…that we can’t address tonight” in response to a question from Barbanica.

No one seconded the motion.

Barbanica then moved approval of the ordinance including spectators as written. It passed 4-0.

Ogorchock then asked, “that we come back with the two proposals.” But both Barbanica and Wilson had already left the dais, so the mayor said, “Uh, no. There’s no consensus. Everybody left.” They then took a two-minute recess.

She tried again following the break but none of the other council members supported her proposals.

Ordinance Details

The ordinance adopted includes the following:

City Council introduced the proposed ordinance adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibits organizing, advertising, and being a spectator at street racing, sideshows, and reckless driving exhibitions;

Organizing or Advertising Street Races, Sideshows, and Reckless Driving Exhibitions Prohibited

It is unlawful for any person to knowingly organize a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the City on a public street, highway, or in an offstreet parking facility.

B. It is unlawful for any person to advertise, within the City, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.

C. It is unlawful for any person to advertise online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.

Spectators at Sideshows, Street Races, and Reckless Driving Exhibitions Prohibited

It is unlawful for any individual who to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle sideshow, street race, or reckless driving exhibition.

B. It is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle sideshow, street race, or reckless driving exhibition.

C. Local law enforcement shall have the authority to cite any spectator in violation of this Chapter with an administrative citation.

D. An individual is present at the illegal motor vehicle sideshow, street race, or reckless driving exhibition if that individual is within two hundred (200) feet of the location of the event, or within two hundred (200) feet of the location where preparations are being made for the event.

Enforcement

A. Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail, a fine of $1,000, or both, unless at the discretion of the district attorney or a court of competent jurisdiction, the violation is reduced to an infraction.

Read complete Antioch Sideshow Ordinance.

The ordinance requires a second reading which will occur at the July 23rd meeting and if passed, will go into effect 30 days later.

UPDATE: “We’re going to update it” – building owner Sean McCauley.

Antioch residents, business owners, former councilmembers upset

The first Facade Mural Easement on private property recorded in the State of California.

“Part of the easement agreement was the City agreeing to maintain the murals” – Elizabeth Rimbault

By Allen D.  Payton

Good news UPDATE! – Building owner, City working on new, historic mural for 4th Street wall in Antioch’s downtown Rivertown. (See article)

The historic mural on a privately owned building wall in Antioch’s downtown Rivertown is being removed beginning Thursday, June 19, 2024, to the dismay of residents, business owners and former Antioch Council members. Commissioned by the council in 1997 and paid for with private funds, the mural, located on the W. 4th Street side of the brick building at the corner of G Street, was no longer being maintained by the City at staff’s direction after some of the paint was pealing and cracking. Before the new owners purchased the building in 2021, they were given permission to remove the mural instead of the City repairing it. To maintain the mural would have been cost-prohibitive for the new owner according to the property manager who chose to remain anonymous.

Former Antioch Councilwoman Elizabeth Rimbault was instrumental in bringing to life both the murals on W. 4th Street and W. 2nd Streets. As a former member of the Antioch Friends of the Arts and former leader with the Antioch Historical Society, she was the one who led the effort for the mural’s approval by the council after she was no longer serving, raising the funds and working with the muralist.

“What a travesty,” she said first learned its removal. “That was the first Facade Mural Easement on private property recorded in the State of California. How low the City has come.”

A Certificate of Acceptance dated March 3, 1998 was signed by the city attorney states, “This is to certify that the interest in real property conveyed by Grant of Façade Mural Easement…from” the building owners at that time, “to the City of Antioch…is hereby accepted by the undersigned officer…pursuant to authority conferred by Resolution of the Antioch City Council adopted on May 10 1983, and the grantee consents to recordation thereof…”

Rimbault then offered some background to the mural which depicted a scene of the telephone company that was located inside during the 1950’s that included the late Don and Helen Meagher who were talking to the office manager, a real woman, as new residents at the time.

“Don came to work as a teacher in Antioch,” she shared. “Helen later became the leader of the former Antioch Friends of the Arts, and it was her dream to have a mural community for residents and others to appreciate in the city’s downtown.”

“I worked on that just prior to Helen’s death,” the former councilwoman shared. “Becoming a mural community and attracting visitors was Helen’s dream. City Attorney Bill Galstan and I put it together. Then I did all the negotiations with the owners and obtained their signatures. So sad. She died before we were able to get the first one approved.”

The mural also depicted an actual woman who worked as an operator at the switchboard as well as a telephone truck and the man leaning against it was an actual employee who literally installed all the phones in Antioch, at the time.

The mural also included a painting of the late Dr. Thomas Dozier, a local physician who practiced medicine from the 1930’s through the late 1980’s and one of the namesakes of Antioch’s Dozier-Libbey Medical High School.

“He walked by the building each day between his home and office a block away,” said Rimbault.

On the right end of the mural was a depiction of the late Bob Beswick, who owned Beswick Insurance in downtown, holding an American flag.

“He was the unofficial Mayor of Rivertown who greeted people,” she shared. “His office was in the nearby building that fronts W. 4th Street next to the auto repair building that houses Pantell’s Music Box, today.”

Rivertown business owner Vicky Galloway was not happy, saying, “I’m just upset that they took it down without trying to preserve it. It’s just another part of downtown gone.”

Antioch Historical Society Director Kay Power said when she learned of the mural’s removal, “Oh, no! That was nice. It just needed some repair.”

When informed of the matter, former Councilwoman Norma Hernandez said, “Anything to do with art that goes up should stay forever. The City can’t back away on historical art. This is a sad day. I don’t agree with anything they’re doing and they should uphold their contract. You can’t trust the City and they’ve proven it again.”

Former Antioch Public Works Director and City Engineer Stan Davis, who was on the Antioch Historical Society’s Board of Directors for 20 years until he resigned a few years ago, offered his perspective.

“I know the city was responsible for it and they (the building owners) got permission to remove it. The problem is the city hasn’t maintained it,” he stated.

“There was a paint problem with the building before they put it on,” Davis continued. “The paint was coming off and it was taking the mural with it. The wall should have been scraped and painted, first. They’re taking it down to the wall and then painting it

“No one has talked to us about it as a Historical Society. The decision was made without us. But I’m no longer on the board,” he stated. “It’s too bad but I don’t really know what they could do.”

Background

The mural was commissioned by the council, and the second to be painted following the 125th Anniversary Mural on the wall of 505 W. 2nd Street depicting early scenes of Antioch from the 1800’s including the July 4th, 19851 picnic when the town was renamed from Smith’s Landing to Antioch, the coal train and a coal miner, Antioch’s first mayor and his daughter, the first teacher in the community.

“After we had the easement, all the council decided they wanted the 125th Anniversary mural on 2nd Street first as that was coming up the following year,” Rimbault continued. “So, then I had to get the artist to design another, larger mural, negotiate with another owner of the old Fontana building and raise $165,000 of private money to pay for it. A minor contribution was made by the City. The minute the 125th Anniversary mural was done the fences were moved to the 4th Street site and the artist started painting.”

“Throughout its history the City has been a poor partner in the mural projects,” she stated. “All rights and obligations were turned over to the Historical Society when Friends of the Arts disbanded. The Historical Society should be hammering the City about maintenance as now this places the 125th Anniversary mural in jeopardy, as well.”

“Interesting the city I have moved to, Manteca, is a mural community and very proud of it,” Rimbault shared. “People drive all over downtown trying to see all the murals and they are historic about the community’s early beginnings or honoring military and heroes. They are beautiful and well maintained. Dozens of them covering entire business buildings walls, some on the second story.”

“Antioch’s crap attitude wins again,” she added.

“The 4th Street mural was paid for 100% with private funds,” Rimbault stated. “The council approved the easement agreement and permit for the mural.

“Part of the easement agreement was the City agreeing to maintain the murals,” she explained. “The conditions are the owner of the building can never paint over the mural and cannot disrupt the wall in any way, such as putting in a window or door.

In exchange, the City agreed to perpetually maintain the murals including removing any graffiti and repairs.”

“It was a recorded easement, and the new owner would have had to obtain a signature from the Historical Society and it would have had to be on the council agenda to get signatures from the City,” allowing removal, said Rimbault who was also a signatory to the easement agreement.

“The Friends of the Arts maintained both murals on two occasions because the City was not stepping up to fulfill their obligations,” she continued. “The City sent a contractor who used the wrong cleaning agent which resulted in one of the faces being blurred. He stopped as soon as he realized what was happening, but the damage was done. Before disbanding, the Friends of the Arts turned over their money, rights and responsibilities to the Historical Society.”

“The mural on the Antioch Library wall on E. 18th Street was the first one allowed on a County-owned building,” Rimbault shared. “The County has done an honorable job of maintaining that mural, unlike the City.”

City Staff Determined Mural “Cannot Be Restored”, Took Photos, Video for Archive

Emails December 2020 and January 2021, provided by the new building owners, among the real estate advisors for the owner selling the building and with city staff, and forwarded to the buyers, show there was a desire to restore the mural and that there was an easement in place.

In an email on Dec. 17, 2020, then-Parks and Recreation Director Nancy Kaiser informed the property manager for the owner selling the building and copying then-Assistant City Manager Rosannna Bayon Moore, that the mural could not be restored.

Kaiser wrote, “The City of Antioch has analyzed the mural located on the building (you manage) located at 4th and G Streets. Unfortunately, the mural in its current condition cannot be restored. It saddens me to acknowledge this situation and provide this report, since we know how beloved this mural is for many residents.

The City would like to preserve the place in history that this mural offers, and is moving forward to capture high quality images/video of the mural so that we can tell the story.

I am retiring and tomorrow is my last day at work. I am pleased to connect you with Rosanna Bayon-Moore, Assistant City Manager. Rosanna will work to see that the image/video project moves along in a timely manner.”

An email dated Jan. 2021 read, “we have been working with the city and historical society to get the mural restored. They currently have an easement. They have indicated they may no longer want that easement or the responsibility to maintain the mural. This might be a benefit to the buyer. We don’t have any agreements or commitments, but I will send you the contract we have been working with so the buyer can follow up with them.”

Questions for Council, Current and Former City Staff, Historical Society President

Questions were emailed on Friday, June 21, 2024, to all five current members who were serving on the city council in 2021, plus, Acting City Manager Kwame Reed, City Attorney Thomas L. Smith, Historical Society president Shari Gayle and former city manager Ron Bernal were informed of the easement agreement and asked about the mural’s removal, if the both the City and Historical Society signed off in 2021, if the council gave city staff that direction, when the City stopped maintaining it and why, what could have been done to repair and preserve it, and if there will be any efforts to secure another Rivertown building wall to replace and repaint the mural.

They were also asked what has been done to preserve and maintain the other murals in Rivertown and other parts of the city, including one at the Veterans Memorial at the end of L Street near the Marina, and the other on A Street next to the Chevron station, and if there is a fund in the City’s budget to pay for it.

Ogorchock responded, “Individuals came to me when the building was purchased. It was never shared with me that we had an easement on it and were supposed to maintain the mural. I asked the city manager about it at that time what could we do to make sure the mural stays. I was told it was in disrepair and the new owner could paint over it.”

“We as council never approved this. It’s my understanding, we as a city were not supposed to maintain the art and the owner was to put a coating on it every two years. Obviously, the previous owner didn’t. City staff made the decision. I was not aware of the easement. It was not brought to council. We should have maintained it but we didn’t. That was not brought to council. That was a decision made without us.”

“We need to make sure that we have funds set aside to maintain and repair the murals and utility boxes in the city. I will address it as the next city council meeting,” she added.

District 2 Councilman Mike Barbanica replied, “I don’t recall any knowledge of this.”

Second Mural on the Building

“It was the second mural on that building,” he shared. “I remember the first time as a kid with my parents seeing that mural being painted. The Honey Sweet Donuts shop was located inside.”

“That mural included a guy, laying on his stomach, reaching out for something. It was a very unusual mural. But it was beautiful,” Barbanica added.

Former Antioch City Manager Ron Bernal responded, “Yes, the City decided it was too expensive to rehabilitate the mural.”

He reiterated what was written in the email by Parks and Recreation Director Kaiser writing, “The mural was however professionally photo documented to preserve the artwork.”

Acting City Manager Reed was then asked to locate the photos and video of the artwork.

Additional efforts to reach Gayle of the Historical Society were unsuccessful and no responses were received from them or the other council members prior to publication time.

Please check back later for any updates to this report.

Includes reallocating downtown road money for homeless, will also vote on 5-year Capital Improvement Program, services, discuss creating DEIB officer staff position

By Allen D. Payton

During their meeting tomorrow night, June 25, 2024, the Antioch City Council will vote on which sideshow ordinance they want, including one that targets spectators, the 5-Year Capital Improvement Program budget, spending $6.45 million for homeless services and development of affordable housing, including reallocating $611,000 from the Downtown Roadway Project fund, and discuss the Amtrak Station closure.

NOTE: A previous version of this report had included both the $4,050,000 and $610,896 that was included twice in the staff report and they had been incorrectly added to the total.

In addition, the council will also discuss multiple council member proposed agenda items, including creating a Diversity, Equity, Inclusion, and Belonging (DEIB) officer staff position and a Health and Safety Analyst position for the Human Resources Department at the request of District 1 Councilwoman Tamisha Torres-Walker. They will also have a discussion on street cameras, and the potentially developing a policy on the use of native plant species for new development at the request of District 3 Councilwoman Lori Ogorchock.

$6.4 Million for Homeless Services, Affordable Housing

The state requires cities with former redevelopment agencies to use the remaining funds for affordable housing, referring to as Housing Successor funds. As of 2023, the City of Antioch had approximately $7.3 million available to subsidize units in the 0-50 percent Area Median Income (AMI) affordability level, including units for the unhoused or family housing.

According to the staff report for the agenda item #10, the City of Antioch serves as the Housing Successor to the Antioch Development Agency. The council will vote on the funding recommendations of the CDBG Committee approving $4,050,000 in Housing Successor funding for homeless services and development of affordable housing.

Funds for the Downtown Roadway Project, approved by the city council in 2020, were intended to rehabilitate roadways, replace damaged sidewalks, curbs, gutters, and install Americans with Disabilities Act compliant curb ramps to improve the quality of life for Antioch residents.

According to the City staff report, the council will be asked to vote on the funding recommendations of the CDBG Committee, made up of District 2 Councilman Mike Barbanica and Torres-Walker, and adopt the resolution approving the substantial amendments to the FY 2023-24 Action Plan Downtown Roadway Project to reallocate $395,346.34 and the FY 2021-22 Action Plan to reallocate $215,549.85 of remaining funds in the Downtown Roadway Project for a total of $610,896.19 to be utilized for the development of affordable supportive housing for extremely low-income and homeless households.

In addition, the council will vote on the funding recommendations of the CDBG Committee and adopt the resolution approving the FY 2024-25 City of Antioch Action Plan, which encompasses CDBG Entitlement funds, prior year reallocated funds, use of CDBG Corona Virus funds, PLHA, EECBG and Housing Successor funds totaling $6,454,180 to address identified high priority needs of lower income residents of the City of Antioch. UPDATE: That amount includes both the aforementioned $4,050,000 and $610,896.19 amounts.

The meeting begins at 6:15 PM with a closed session in which they council will discuss recruitment of the city manager and a civil rights lawsuit by one the four young men convicted, earlier this year of a 2021 murder in Antioch, and others who claim they were targeted by police officers who sent the racist text messages.

That will be followed by the regular session at 7:00 PM in the City Council Chambers at 200 H Street, in historic, downtown Rivertown.

General public comments can be made at either the beginning or end of the council meeting, specific comments can be made on each agenda item or if you wish to provide a written public comment, you may email them to cityclerk@antiochca.gov, by 3:00 p.m. on Tuesday. Written public comments received by 3:00 p.m. the day of the City Council Meeting will be shared with the City Council before the meeting; entered into the public record; and available to the public upon request. However, they will not be read during the City Council Meeting.

Watch the council meeting via livestream on the City’s website or live on Comcast channel 24, AT&T U-verse channel 99.  See the council meeting agenda packet.

During first ever Antioch Salutes Ceremony

“Thank you, future servicemembers for your courage and commitment. May God bless each of you…” – Navy Commander Clinton T. Ceralde

“I challenge you…gain from your service and then come back to your communities and lead.” – Local veterans’ leader J.R. Wilson

“What you’re defending is not just the Homeland, you’re defending…the ideals that make us uniquely American.” – Mayor Lamar Hernandez-Thorpe

“…protecting one’s country and being loyal to the nation is one of the essential tenets of the religion of Islam.” – Intisar Malhi of the Ahmadiyya Muslim Community

By Allen D. Payton

The first ever Antioch Salutes Ceremony honoring local high school graduates who have chosen to serve our nation in the United States Armed Forces and become part of the 1% of Americans who serve in military uniform on Saturday, June 8, 2024.

The ceremony, organized by Antioch Mayor Lamar Hernandez-Thorpe, was held at Waldie Plaza in Antioch’s historic, downtown Rivertown with the backdrop of the river. He was joined by Mayor Pro Tem Monica Wilson, Antioch School Board President Antonio Hernandez and Trustee Dr. Jag Lathan, as well as City Attorney Thomas L. Smith, and Delta Veterans Group President and Founder J.R. Wilson, Commander Clinton T. Ceralde, U.S. Navy, Surface Warfare Officer, Commanding Officer of the Navy Talent Acquisition Group Golden Gate, and a representative from the Office of Congressman Mark DeSaulnier.

The officials led a procession of the enlistees from City Hall across W. 2nd Street into Waldie Plaza. Then half-way through the park, the officials turned and stood at attention, with those who are veterans, saluting as the honorees proceeded to their seats.

The Presentation of Colors was provided by the U.S. Armed Forces Recruiting Center in Brentwood and the National Anthem was performed by Kennedy Williams of God’s Gift Dance Ministry at Genesis Church in Antioch.

A poem was then read by Izabel Eisner which included, “Today we say, ‘thank you’. Today we say, ‘congratulations.’” She was followed by the AUSD Board president who offered welcoming remarks saying, “Know that everyone here is so very proud of everything you’ve done and everything you’re going to do. Antioch will always be your home.”

J.R Wilson, a veteran, then honored the enlistees’ families and offered a Veterans’ Charge saying, “I want to express my deepest gratitude to the families who have nurtured and instilled in them a love for their country. We honor you for shaping the lives of the future patriots. We salute you.”

“These recruits…are already demonstrating exceptional commitment by choosing to serve their country by prioritizing the greater good over personal interest,” he continued. “They are joining a select group of individuals who are safeguarding safety and freedom for millions worldwide.”

“Stand tall and proud,” Wilson challenged the recent grads. “The respect and admiration for your decision are evident throughout our city. We salute you. I challenge you…go through your service, enjoy your service, gain from your service and then come back to your communities and lead. Thank you for choosing to serve. I salute you, every one of you.” He ended by saluting the enlistees who were seated in front of the audience.

Commander Ceralde addressed to “these young men and women embarking on a noble journey of service.” He shared a story that, “illustrates the spirit of service that defines our military” about a 2008 mission labeled Operation Continuing Promise” that “wasn’t about combat but compassion, cooperation and skilled professionalism.” It was a joint and international effort of various U.S. military branches and the Canadian military for humanitarian relief to Central and South American countries and Caribbean islands.

“The mission…exemplified the United States maritime strategy of building confidence and trust among nations through collective, humanitarian efforts,” Ceralde continued. “We demonstrated that wearing the uniform is about more than defense. It’s about making a difference, showing compassion and building bridges across nations.”

“To our young enlistees, as you prepare to begin your military career, remember that your service will take many forms, whether in moments of conflict or acts of peace, your contributions will leave a lasting legacy,” he stated. “Thank you, future servicemembers for your courage and commitment. May God bless each of you, our community and the United States of America.”

Hernandez-Thorpe, a Navy veteran, thanked those in attendance, shared of his experience in the military and said to the enlistees, “What you’re defending is not just the Homeland, you’re defending a set of ideas, that make us different than most countries. The ideals that make us uniquely American. So, I couldn’t be more proud of the decision you’ve made.”

Representatives from the Navy and Marines gave each of the honorees were given a special Certificate of Commendation from the mayor and a special “Thank You” for their service to the nation.

The student enlistees were then given a ceremonial oath of office administered by Commander Ceralde, which included the commitment they “will obey all orders of the President of the United States and the officers appointed over” them “according to regulations and the Uniform Code of Military Justice.” He then congratulated them as the audience applauded.

A lengthy benediction with three Muslim prayers was offered by Intisar Malhi of the Ahmadiyya Muslim Community who began with “the Islamic greetings of peace of as-salamu alaykum, everyone, which means peace and blessings of Allah be upon you all.”

He offered “a prayer that Muslims are expected to offer multiple times a day” which he said in Arabic, then translated in English to, “Oh, our Lord, grant us good in this world as well as good in the world to come.”

Malhi then spoke of “doing good in this world and one of the best ways of doing that among Islamic values is service to mankind. These young men and women…are living up to one of the most noblest virtues as described in the holy Quran which urges human beings to help and serve each other and serve their communities.”

“And protecting one’s country and being loyal to the nation is one of the essential tenets of the religion of Islam,” he continued. “And when you stand up for a just cause to protect the country or to establish peace in the world, the holy Quran offers a couple other small prayers, as well,” which Malhi read in Arabic and explained in English.

About those in the audience and the community leaders he said, “We exercise our voice and become the conscience of the leaders of our country so our young men and women are protecting the innocent and fighting for peace in the world, and they do not get dragged into any conflict in the world that may be unjust or pointless.”

“So, in the end, I salute you all, the young men and women who signed up to serve their country and pray that may God be your protector and guide in your service to this country. Amen,” Malhi concluded.

The MC then said over the loudspeaker, “Congratulations and Godspeed to our newest military services members. Please give it up, give it up, give it up,” as the audience and those on the platform applauded. “It’s OK to stand and applaud,” the MC said, as people yelled, “Thank you. Thank you.”

The ceremony was followed by refreshments catered by Chef Clarice LaGrone Jackson owner of SupperJam in Antioch.

See video of ceremony on the mayor’s official Facebook page.

By Allen D. Payton

During their meeting last night, Tuesday, June 11, 2024, the Antioch City Council unanimously approved the following proclamation including promotion of this Sunday’s third annual City-sponsored event:

PROCLAMATION COMMEMORATING JUNETEENTH 2024

WHEREAS, Juneteenth is recognized as Freedom Day or our country’s second Independence Day;

WHEREAS, Juneteenth was the day that slavery ended in the United States resulting in the emancipation of all slaves and beginning the restoration of culture, name, language, faith, and identity;

WHEREAS, President Abraham Lincoln first issued the Emancipation Proclamation on January 1, 1863, freeing the enslaved people in the South, but those orders were ignored by Confederate Southern slave owners;

WHEREAS, on June 19, 1865, Union soldiers arrived in Galveston, Texas and enforced the President’s order, freeing the enslaved people two and a half years after the Emancipation Proclamation was issued;

WHEREAS, other systems of oppression and systematic inequalities, such as sharecropping, Jim Crow, redlining, and mass incarceration, the reverberation of Black bodies and Black impoverishment, continued well past slavery and some persist to this day, affecting the physical and mental health, safety, and even the continuing education of young African American children;

WHEREAS, liberation from these systems of oppression, demands nothing less than Black economic liberation manifested through financial literacy, a positive sense of self, an upright ethical and moral compass, high-earning jobs, mentors willing to share the means of self-improvement, and the ability to own the land in one’s own neighborhood;

WHEREAS, many African Americans have advanced academically, politically, and financially and continue to strive to build wealth within the Black community in and beyond; and

WHEREAS, on June 16, 2024, the City of Antioch will hold its Annual Juneteenth Celebration at Williamson Ranch Park, with speakers sharing our rich, proud history, music, ethnic foods, and activities. We invite all our brothers, sisters, and friends of every culture and ethnicity to join us for this historical event and celebration.

NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, do hereby acknowledge June 19th, 2024, as Juneteenth in the City of Antioch, the annual recognition of Black emancipation, the celebration of the past, present, and future of Black economic liberation, and our commitment to eradicate systemic racism that undermines our collective prosperity.

JUNE 11, 2024

—————-

Following its reading and signature by Mayor Lamar Hernandez-Thorpe, the proclamation was presented to Antioch Police Oversight Commissioner Leslie May with whom the council members took a commemorative photo.

3 give each council member $20K to spend on community events in their districts for the first time ever

After saying last year, “not now or in the future will I ever support an increase,” Torres-Walker flip flops joining 3 other members to support council pay raise

By Allen D. Payton

During their meeting on Tuesday, June 11, 2024, the Antioch City Council approved the Fiscal Year 2023-25 Mid-Year Budget based on balancing it with $4.6 million from the Budget Stabilization Fund and over $4 million saved from city staff vacancies. That figure is currently pegged at 100 positions.

In addition, a new budget item approved by the council majority allocates $20,000 for each council member to spend on community events in their district. Plus, four of the council members approved moving forward a pay raise of as much as $300 per month to $1,900, for the part-time policy-making positions.

The council had to allocate $4.3 million in remaining federal American Rescue Plan Act of 2021 (ARPA) COVID-relief funds, which have to be spent by the end of this year.

At the beginning of the Regular meeting, Antioch City Attorney Thomas L. Smith reported out from the council’s closed session meeting on the matter of hiring a new city manager that, “the city council gave direction to the city attorney and Human Resources Director” but nothing more.

Mid-Year City Budget Approval

The council approved the 2023-25 Mid-Year budget using $4.617 million from the Budget Stabilization Fund, leaving a balance of $31.7 million, and $4.065 million from savings due to staff vacancies.

District 2 Councilman Mike Barbanica pointed out, “We’ve been able to add every year to the Budget Stabilization Fund.”

“It’s due to salary savings,” said City Finance Director Dawn Merchant. “It’s there for future use.”

Her budget report shows there were 100 city staff vacancies at the time of its writing.

“We’re almost $4 million more than when it started,” Barbanica added.

Merchant then shared, “The General Fund Reserve is estimated to have approximately $32 million. It will continue, once we get past this wave of having vacancy savings.” She then pointed out that projected “revenues are $97.3 million and expenditures are over $101 million.”

“So, we should be looking at some reduction in spending.” Barbanica stated.

“Hopefully, over the next year we can tackle some of these vacancies,” Merchant said. “We’re kind of in a crazy cycle. When we do get to the point where we don’t have the 120 vacancies, the expenditure numbers are going to continue to rise.”

Council Majority Adds $20,000 for Each Member to Spend on Community Events in Their Districts

District 1 Councilwoman Tamisha Torres-Walker spoke first about a first-time ever, proposed budget allocation available to each council member for use on community events in their Districts, complaining about the amount in the city staff report for the budget.

“I think $2,000 is a slap in the face. My number was between $10 and $20,000 for each councilperson for community events, things other city councils get to do,” she stated. “I don’t mean campaign funds. Some of us are using our own hard-earned dollars to give back to the community.”

“I agree with Councilmember Torres-Walker,” Mayor Lamar Hernandez-Thorpe said. “I do spend a lot of my own money.”

Torres-Walker then suggested $5,000 but “that is low.” Hernandez-Thorpe suggested $10,000. District 4 Councilwoman Monica Wilson suggested, “up to” $10,000.

“You don’t have to use it. But it should be available,” Torres-Walker added.

“I will work with you all so there will be legal parameters,” City Attorney Smith stated.

“It’s like my newsletter that I do. We don’t want to confuse that with my campaign,” the mayor shared.

Neither Ogorchock nor Barbanica offered any comments on the matter and the council majority agreed to allocate $10,000 to each council member for a total of $50,000 included in the budget.

Hernandez-Thorpe later suggested the amount be increased to $20,000 each for a total of $100,000, receiving approval from both Wilson and Torres-Walker.

Other Additions to the Budget

The council also approved the following additions to the budget:

• $100,000 for the mural program;
• $100,000 for outsourcing internal affairs investigations in the police department;
• $500,000 for new radios for both the police and other City departments as part of a total $2 million expenditure;
• $560,000 for 8,000 sq. ft. of concrete replacement at City parks and other parks maintenance work;
• $85,000 in FY25 for extra tree work in the Street Light & Landscape Districts;
• $389,929 to pay down the Police Supplementary Plan unfunded liability; and
• $277,131 remaining set aside for non-profit organizations in the community.

Ogorchock then spoke about the use of the remaining ARPA funds saying, “We have an opportunity…Hope Solutions for the project off Contra Loma.”

“That’s going to CDBG (Community Development Block Grant funds council subcommittee) this Thursday,” Barbanica interjected.

“I would like to be able for us to help them…to get this project going,” Ogorchock continued. “There’s another project off Delta Fair. Father Robert wanted a project on the property at St. Ignatius. So, there’s another project, there.”

Merchant than said, “Of the $4.3 million in remaining ARPA funds, $1.8 million will go for the building purchase, plus there will be some needed upgrades…design work,” referring to the former PG&E building on the corner of W. 2nd and I Streets for additional city staff offices instead of the former Rivertown Resource Center on W. 10th Street, as previously reported.

Merchant also mentioned spending, “$2.1 million for the Angelo Quinto Response Team. They’re asking for a one-year contract extension. What we are proposing is, if the council is agreeable to extending the contract, that takes the $1.37 million off the table for other projects that we could fund.”

“I don’t want you allocating more than we have,” she stated.

“Are they providing, number one, a benefit to the community and a benefit to the department keeping police from going to these calls?” Barbanica asked about the response team.

Acting Police Chief Brian Addington responded by simply saying, “Yes”.

“We need more presentations like that,” Torres-Walker said with a laugh.

The council approved the $2.1 million in ARPA funds for the one-year extension for the Response Team.

Ogorchock and Barbanica then attempted to adjourn the meeting at 10:46 PM, as the council has agreed previously to adjourn their meetings by 11:00 PM. But the other three council members voted against their motion.

4 Councilmembers Agree to Move Forward With Pay Raise

City Attorney Smith then provided a brief staff presentation on a possible council pay raise, saying, “The state already approved this, so the council just has to say, ‘yes’.”

“This will be for the next council,” Barbanica pointed out, to which Smith responded, “This council is not increasing their salaries.”

“Are we agreeable to bring back the ordinance?” Hernandez-Thorpe asked.

“Yes,” said Torres-Walker, joining the mayor, Wilson and Barbanica. The mayor didn’t ask Ogorchock her views on the matter as he already had consensus from the other councilmembers.

According to the city staff report for the agenda item, “On June 29, 2023 Governor Newsom signed into law Senate Bill 329…which increases the compensation that councilmembers of general law cities may receive for their work. The City of Antioch is included in the bracket cities over 75,000 up to and including 150,000 in population, which may compensate councilmembers up to and including one thousand nine hundred dollars ($1,900) per month totaling twenty-two thousand eight hundred dollars ($22,800) per year” for the part time position.

The council members currently each receive $1,600.04 per month, after approving a 70% pay raise from $941.60 per month in 2019 on a split vote with then-Councilman Lamar Hernandez-Thorpe and Councilwoman Monica Wilson voting in favor, and Councilwoman Lori Ogorchock casting the lone “no” vote.

The council did not support a pay raise of about 16% last year, which would have provided each $1,825.25 per month. Thorpe said he supported it and Councilwoman Tamisha Torres-Walker was opposed saying, “I would like the public to definitely know, that not now or in the future will I ever support an increase, unless it’s something that absolutely has to happen, regardless of whether we vote on it or not as a council.” Wilson wanted the state legislature to set council salaries, Ogorchock made no comment on the matter and Councilman Mike Barbanica was absent.

The $299.96 per month increase would result in an 18.75% pay raise which can’t go into effect until after the November election, resulting in an impact of $18,000 per year to the city budget.

In addition, according to the staff report, “Senate Bill 329 also authorizes the salary of council members to be increased beyond the specified maximum to an amount not exceeding the greater of either 5% for each calendar year from the effective date of the last adjustment of the salary or an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index (not to exceed 10% per calendar year).”

However, the council cannot vote for automatic future pay raises. Since it can’t go into effect until after the November elections, it only for sure benefits Torres-Walker and Wilson, and whomever is elected mayor and in the council races in Districts 2 and 3. Barbanica is running for county supervisor and Ogorchock can’t run for reelection, unless she moves into District 2, as she was gerrymandered out of her district and into Wilson’s neighboring District 4 by the council majority during redistricting in 2022. (See related article)

City staff will bring back a resolution for a vote by the council on a future meeting agenda.

The council then adjourned the meeting at 10:52 PM and all other items on the agenda will be postponed to a future council meeting.