Recognizing church’s 20th anniversary this month

By Allen D. Payton

During their meeting on Tuesday, Jan. 24, 2023, the Antioch City Council honored Grace Bible Fellowship of Antioch with a:

Proclamation Declaring Grace Bible Fellowship of Antioch Day

January 27, 2023

WHEREAS, in 2003, Grace Bible Fellowship was birthed in a local hair salon owned by Reverend Kirkland A. Smith and Senior Pastor, First Lady Qwivander Smith and its members believe God’s favor blessed the weekly bible study held for one year at the Heavenly Hair Beauty Salon in Antioch;

WHEREAS, in January 2003, remaining faithful to Christ and to the leadership at Fremont Bible Fellowship, the Reverend and First Lady Smith, along with 30 charter members, marched into what is now known as Grace Bible Fellowship of Antioch;

WHEREAS, within one year, Grace Bible Fellowship of Antioch celebrated abundant growth in ministry and membership. It now serves over 1,500 members and supports countless ministries designed to meet the needs of the community;

WHEREAS, in 2022, Grace Bible Fellowship of Antioch increased its presence in Antioch by offering Afterschool Tutoring, Grace Closet-Food and Clothing Pantry, Overcomers for those struggling with addictions, Grace House for Men transitioning back into society and/or overcoming homelessness, and Midnight Basketball to give at-risk young men another alternative on Friday nights other than the streets. Lastly, Grace Daycare is opening soon, offering quality affordable daycare for parents; and

WHEREAS, January 2023 marks 20 years of ministry for Grace Bible Fellowship of Antioch located at 3415 Oakley Road, Antioch, California. Grace will continue to be a light in the City of Antioch by breaking ground on their new Multi-Purpose Center, Indoor Gymnasium, and Bowling Alley.

NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby proclaim January 27, 2023, as Grace Bible Fellowship of Antioch Day, in recognition and celebration of the significant contributions to the local community in the City of Antioch.

JANUARY 24, 2023

In case of death, going missing or being incapacitated during declaration of emergency

They’re the city’s real designated survivors

By Allen D. Payton

During their special meeting Friday afternoon, Jan. 13, 2023, the largely ceremonial appointments by the Antioch City Council of their Standby Council Members were approved, except for District 2 Councilman Mike Barbanica’s who was not in attendance. (See related article)

But the appointments are serious and are for the purpose of the continuity of government if ever needed. They’re the city’s real designated survivors.

According to the staff report, each council member gets to appoint three people in order of priority to step into their role if the council member is unavailable due to being killed, missing or having an incapacitating injury in the event of a declaration of emergency. Consideration shall be given to places of residence and work such that the greatest probability of survivorship or availability exist. While not required, priority shall be given to city residents who are at least 18 years of age and are registered voters.

Standby council members may become activated during a state of war emergency, a state of emergency or a declared local emergency. No standby member shall become a member of the City Council unless there is a declared emergency described above. The mere vacancy of the regular Council Member’s office absent a declared emergency shall not activate the standby member. The first priority standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including standby officers who are serving. If the first priority standby member is unavailable, the second priority shall serve, and so forth. Standby members shall serve at the pleasure of the governing body appointing them and may be removed and replaced at any time with or without cause.

The provision for standby council members allows for the continuity of government in the event of a catastrophic emergency. Standby council members are not activated in the event of a “regular” vacancy in a council seat.

Mayor Pro Tem and District 1 Councilwoman Tamisha Torres-Walker appointed Leslie May, Kimberly Carlson and Antoine Watt.

District 3 Councilwoman Lori Ogorchock appointed former City Manager Roland “Ron” Bernal, former Mayor Donald Freitas and Sandy Hartrick.

District 4 Councilwoman Monica Wilson appointed Harry Thurston, Devin Williams and Susanna Williams.

Mayor Lamar Thorpe appointed Parks and Recreation Commission Chair Marie Arce, Christina Hills and Antioch School Board Area 1 Trustee Antonio Hernandez.

They will be sworn in at a future date, Assistant City Manager Rosanna Bayon Moore stated.

Approves declaration of emergency, continuing remote meeting participation

Mayor wants a secretary, not an intern like Torres-Walker wants because “they leave”

Thorpe interrupts several public comments

Barbanica posts video explaining his absence accuses mayor of “manipulating agendas”

By Allen D. Payton

Friday the 13th turned out to be unlucky for Antioch Mayor Lamar Thorpe as the majority of the city council members, sans District 2 Councilman Mike Barbanica, would not support him getting a part-time secretary, yet, nor a pay raise. During the special afternoon meeting – the first of 2023 – called to replace Tuesday’s regular meeting Thorpe chose not to attend, on the regular agenda the council supported reorganizing the Public Works and Community Development departments and creating a new Engineering Department, plus a separate position of City Engineer who would lead it. But they accomplished little else but discussions on other items that have to be brought back later for actual decisions. The council accomplished more by voting for all of the Consent Calendar items including approving a declaration of emergency due to the storms and continuing the practice of allowing remote participation via Zoom for members of the council, city commissions and committees.

The council also approved spending up to $120,000 more for the city’s homeless consultant and a short-term lease at the Nick Rodriguez Center for Meals on Wheels Diablo Region which suffered fire damage at their Walnut Creek headquarters. In addition, the council approved spending $549,384 more for the Maintenance Services Agreement with Bay Alarm Company, for a total amount of $1,447,844, to expand Access Control, Intrusion and Video Monitoring at various City of Antioch facilities.

Thorpe Gets Combative

While leading the meeting, Thorpe became combative several times, both with District 3 Councilwoman Lori Ogorchock and with members of the public who spoke on various agenda items, especially one who called in and spoke on two items. But rather than breaking out a huge knife while wearing a ski mask as the villain did in the Friday the 13th movies, Thorpe merely used his gavel and interrupted the members of the public telling them that they were off subject. Because it was a special meeting a general public comments section wasn’t required at either the beginning or end of the agenda, is it is during regular council meetings.

Consent Calendar

During the Consent Calendar all but two items were approved unanimously. But Ogorchock pulled Item H which continued to allow attendance at council and city commission and committee meetings via Zoom.

“If this had happened in December, we wouldn’t have had to cancel Tuesday’s meeting,” Thorpe said.

“I don’t think it had anything to do with the meeting,” Ogorchock responded.

“Yes. It did,” Thorpe shot back.

“No. It didn’t,” Ogorchock retorted.

“You were here after you said you weren’t going to be here because you weren’t feeling well, like Councilman Barbanica,” Thorpe attempted to explain. But that was refuted on Tuesday by both Ogorchock and Barbanica. (See related article)

The item then passed 3-1-1 with Ogorchock voting against continuing the practice started due to COVID-19. Questions have arisen about the need since the city no longer requires social distancing or wearing masks at council meetings. But as cover, the council is using the governor’s COVID-19 State of Emergency which doesn’t expire until the end of February.

Ogorchock also pulled Item I regarding the Emergency Declaration. According to the staff report, on January 12, 2023, City Manager Con Johnson, in his capacity as Director of Emergency Services proclaimed a local emergency associated with the State Declared Severe Winter Storms, locally identified as the 2023 January Winter Storm Event. The City Council was required to ratify the proclamation so that the local emergency can continue in force and effect. It also declares the intent of the City Council to review the need for continuing the local emergency declaration at least once every 60 days until termination.

“We’re having a proclamation for an emergency services but we don’t have an EOC (Emergency Operations Center),” Ogorchock stated. “So, I think we need to bring it back for discussion.”

The current council majority voted against funding for the EOC twice in the past few years, when they were reallocating excess revenues.

“Just to clarify for the public, we do have an EOC,” Thorpe retorted.

Emergency Operations Center Using Antiquated, Failing Technology

Yet, according to Antioch Police Lt. John Fortner who serves as the city’s Office of Emergency Services Coordinator, the city’s EOC is sub-par and the technology used needs to be replaced.

“Our EOC is our Community Room” (inside the police department),” he stated. “All the technology is so old and antiquated. It needs to be updated. The projectors are failing. The additional funding was to bring it up to date so it would be on par with the technology that other cities are using, particularly the county and the state. That’s what keeps us safe.”

“We have an ordinance that we have a Disaster Council and identifies who’s on that council and who staffs the EOC in a disaster. So, there’s a structure that comes into play when there’s a disaster…to keep the community safe,” he continued. “It’s also spelled out in our new, robust Emergency Operations Plan that was ratified by council a year, year-and-a-half ago. We do have a Disaster Council in place and that’s supported by the Emergency Operations Center, which is a place to do all these things, for city government and disaster workers to come together and make decisions for the city during a disaster.”

“The EOC can be run very simply,” Fortner continued. “But in today’s world, people have iPads, cell phones, collaborative video screens helping everyone communicate on a faster level. If we want a center to perform at a par, at a standard that’s acceptable that every other city operates on, then it needs to be updated.”

The item declaring the local emergency passed on a 4-0-1 vote.

Supports Reorganizing Departments, Separating Positions of Public Works Director/City Engineer

Under Item 4 the council moved forward reorganization of the Public Works and Community Development Departments and removing the City Engineer portion of the current position of Public Works Director/City Engineer and creating a new department and department head.

“We’ve realized that position…there’s a lot of job duties that position has to perform,” Human Resources Director Ana Cortez explained as the reason. She said it would allow the Public Works Director to focus on that part of the current job and the City Engineer to focus on engineering.”

Dr. Jeffrey Klingler was the first to speak during public comments on the item saying, “There are no staff reports for this agenda. Why? I can’t answer. What I can say this agenda item and most of the agenda is going through a suspicious process.”

The staff report included only two pages for the agenda item but no details about the proposed restructuring. Dept Reorganization ACC Spcl Mtg 011323

“I want to ask you to keep your comment to this specific subject,” Thorpe interjected.

“The point I was trying to make is that the public doesn’t have enough information…to comment on the reorganization,” Klingler continued. “What is the motivation? Here we’re meeting at a very inconvenient time for the public to comment. I would encourage you to further this agenda item for more information to go out to the public. Then let’s have a discussion with everyone involved.”

Resident Leslie May spoke next saying, “I wanted to thank John Samuelson for the work you’ve performed for both the Public Works Director and City Engineer. That was two jobs in one.”

“This isn’t about John Samuelson,” Thorpe interjected. Samuelson was fired by Johnson on Dec. 27. (See related article)

“From what I understand, this is two positions,” she continued. “It’s too much work. I do support having two separate positions. It gives the person the chance to directing those employees under that department and the city engineer focusing on what those employees do.”

Melissa Case said, “I echo the concerns of Leslie May. I’m concerned because James Donlon has been a problem and John Samuelson was working on that.”

“Ms. Case, I’m going to ask you to stop. This isn’t about John Samuelson,” Thorpe again interjected.

“I want the council…to make a priority of this…we have to cross James Donlon, like we did, today and it’s putting people’s lives in danger, like my 16-year-old son,” she concluded.

“This has been announced since last…Thursday,” Thorpe said about the agenda directing his comments to Dr. Klinger. “Why you didn’t receive the staff report, we have the staff report.”

District 4 Councilwoman Monica Wilson then asked, “In the past weren’t these positions separated? Then we brought them together?”

“Yes,” Cortez responded. “At times we’ve had different department heads with the title of City Engineer… the Community Development Director. We don’t have a job description for the City Engineer.”

“This is just a discussion at this point. You have to come back with costs,” Wilson stated.

Ogorchock then asked, “I know it was separated once before. Why did it come back together?”

“It was during when we were short staffed,” Cortez said. “The community director carried it because he was licensed.”

“I’m open to this and want more information regarding costs and responsibilities and who would be under each,” Ogorchock said.

“What is the next step?” Thorpe asked.

“The next step in the process is to meet with staff…the engineering department, the different areas it’s going to affect,” Cortez responded.

“The goal, here is to establish a responsibility for each position,” said City Manager Con Johnson.

“We do have an interim public works director and that’s Scott Bunting,” Thorpe stated. “He’s been here for quite a long time. So, the projects that are prioritized will continue being prioritized.”

“We have an assistant city engineer. So, he will be doing that for now,” Thorpe shared.

City staff will return with the details for a vote on the reorganization at a future council meeting.

Former Longtime Antioch Public Works Director/City Engineer Says It’s Unnecessary

When asked about his experience as Antioch’s Public Works Director/City Engineer, Stan Davis who held both positions for 30 years said, “Every new city manager wants to change things up. I went through seven city managers. They changed the department composition a couple of times. We really don’t need two with how small a staff the City of Antioch has.”

“The water treatment plant and maintenance services for your street work needs engineering, unless you have a licensed engineer in charge of maintenance,” he continued. “There really is no reason to separate out engineering completely. Engineering is involved in every other operational aspect: parks, streets, storm drainage, water and city buildings. All the city’s physical facilities fall under engineering at some point.”

“Building inspection which started out under Public Works wound up under Community Development,” Davis shared. “No matter how you do it everybody needs to work together. When you start creating more departments, you’re creating more department heads. I don’t really see a need for separating them.”

Doesn’t Approve Council Pay Raise

The council then discussed increasing their compensation by $252.21 per month to $1,852.25 or about 16%. “The last time there was an increase was January 1st of 2021,” City Attorney Thomas L. Smith explained. “State law would allow an increase…January 1st, 2025 after the next election.”

“So, you guys want a raise. Maybe I can talk about your past performance,” said a Mr. Walker who called in during public comments. “The mayor has made a lot of bad decisions, lately. He doesn’t know how to handle money.” He started to make more negative comments about Thorpe when the mayor asked City Clerk Ellie Householder to end the phone call.

“I am to determine if you have a need for a salary increase,” the man said.

Thorpe then directed Householder to cut him off.

“You can’t do that, sir. That’s a violation of the Brown Act,” the man continued before Householder ended the phone call.

During council discussion of the item Wilson said, “I understand why we’re bringing this back for discussion. But it needs to be discussed by our state legislators as it has to be fixed at the state level.”

Mayor Pro Tem Tamisha Torres-Walker was not in support of a pay raise.

“I didn’t agree with the last raise the council gave before I was elected,” she said. “We can have this conversation…but I would like the public to know, not now or sometime in the future will I support this.”

“Per our ordinance this is something we’re to review annually,” Thorpe explained. “I am for increasing salaries. It’s not a volunteer opportunity. This is important work we do on behalf of the community. We’ve had our discussion. Is everyone clear?”

Council Secretaries Decision Postponed

On the matter of hiring part-time secretaries for the mayor and council members resident Leslie May said during public comments, “I believe that if a council member works a full-time job somewhere else and has underage children or a senior, they take care of then I believe they’re entitled to have someone to help the council members.”

“The stipend council members get for the amount of work they do is comparing apples and oranges,” she continued.

“Whichever council members are asking for…a little bit of help, then I am for these part time secretaries for those who are asking for it,” May stated. “If the others don’t want them then they don’t need one.”

“I’m not really for or against it. I just have some concerns,” Melissa Case said. “Three of the people up there always take the time to answer me and I appreciate them. There are some city positions that aren’t filled, right now. Why are we filling assistants when we have other city staff positions that need to be filled?”

“Will my district council member, when she gets an assistant, answer my emails?” she asked. “Because she doesn’t, now.” She was referring to District 4 Councilwoman Wilson.

Resident Edgar Martinez said he wanted the positions to be internships instead of assistants. “What are they going to get paid?” he asked.

“I think we have a local college. I think we could give students an opportunity…to get a foot in the door,” he continued. “I just kind of question is it feasible long term. I feel like we should look at these positions as intern positions.”

Mr. Walker spoke again by phone. “I’m back. I guess I have to ask the broken man with the gavel.”

“You’re asking for a female assistant,” he continued and then referred to Thorpe’s sexual harassment of two female staff members at his former job.

“Alright. That’s it,” the mayor said and had the man’s comments cut off.

Torres-Walker then said, “I come from a city that has offices and shares assistants (referring to Richmond which is a charter city. Antioch is a general law city). They don’t have to meet outside. This was my idea. We’re not keeping up with the growing city. Council members need assistants to answer those phone calls, respond to emails. Some assistance is needed. After having several hours conversations with community members…we came to the conclusion, this probably isn’t the right direction to go in. The right direction would be internships.”

“We have the infrastructure in place, already,” she continued. “I’m not prepared to support this tonight or in the future. But I would support a public policy internship program.”

“I will say, so that the public knows, the part-time secretary salaries range from $15,000 to $21,667. These are internship numbers,” Thorpe said. “The working title, you can do whatever you want with. Everything you said you can do, here. It doesn’t have to be a secretary. I’m the only one up here who has had interns. The frustrating part is they leave. My interns helped with the Chinese apology. They set that up. The frustrating thing is they leave. We train these people up. I wish there was more of a year with them. When I started the Homelessness Task Force it was internships behind that. I’m still for this. You can shape it however you want. I am asking, as the mayor, I do need a ton of support. There have been times when I appreciate Rosanna (Assistant City Manager Bayon-Moore). I just don’t think it’s the assistant city manager’s job to go buy candles for the 9-11 event.”

Attorney Smith said, “There is a legal difference in the rights of the individual” between a secretary and an intern.

“I don’t have a problem with it being 12- to 24 months. I don’t have a problem with it being a new one every year,” Torres-Walker responded.

“If you want to do that for a combination for District 1, I’m happy to support that,” Thorpe said. “I don’t want an intern because I’ve done that. I’m asking for a little more long-term support. Councilmember Wilson and Councilmember Torres-Walker are really engaged.”

“I’ve had an intern help me with environmental issues,” Wilson said. “If we have interns, they need to have stipends. I’m for having the conversation about this.”

“So, I hear what the two of you are saying,” Thorpe stated.

“Any age group,” Torres-Walker added. “I think anyone interested in public policy.”

Thorpe then continued to prod the council to approve a secretary at least for him. But Torres-Walker wouldn’t during Friday’s meeting.

“I’m saying I’m not prepared to support any of them, tonight,” she responded.

“OK. We’ll bring it back,” the mayor relented.

Ogorchock then said, “I’m in agreement with bringing it back.”

“So, we’re all in agreement,” Thorpe said.

Council Committee Assignments

The council then postponed appointing members to various city and regional committees after Ogorchock asked that the decision wait until Barbanica is in attendance.

Torres-Walker said, “I’m fine leaving it the way it is. I think we want to wait for Councilman Barbanica.”

The item then was postponed on 4-0-1 vote.

Edgar Martinez was the only member of the public to speak on the item saying, “One of the things I noticed last year, when I didn’t hear too much about reporting out from committees. I continue to hear in some cases, ‘my committee didn’t get to meet.’ I hear more about some committees versus others. I looked at the website to see if the committees. I’m hoping this year that there could be more reports out. These committees are here for a reason.”

“I hear your point. It’s not that people aren’t participating,” Thorpe explained. “The Association of Bay Area Governments meets once a year. Some meet once a year. So, some people will have more to say. Most of our council members participate in their meetings. Then there are committees that are subcommittees of this council. We’re volunteering our time. We don’t get paid for those meetings. We get paid for these.”

Barbanica Didn’t Attend Meeting Due to Business Commitments

In a YouTube video posted on his official Facebook page Friday afternoon, Barbanica explained why he would not be attending the special Friday afternoon council meeting.

“Two hours after clearly, I told the city I would be there in person, the mayor cancelled the meeting when he had no authority to do so,” he said about Tuesday’s meeting.

“I took my business which I was going to do on Tuesday, and I moved it to later in the week,” he shared. “I’m not going to put off people a second time. Tonight, I have an appointment scheduled to house a veteran.”

“Manipulating agendas based on who shows up and who doesn’t show up,” he stated. “I disagree with doing business like this…and I will certainly not support it.”

“I have business commitments tonight. This is not the first time this has occurred. I support our scheduled meetings. There are times for special meetings. But this is not one of them,” Barbanica concluded.

 

Antioch Council to consider 16% salary increase, hiring part-time secretaries for members; another cannabis business; reorganizing city departments, adding department head; but no performance evaluations for city manager, attorney

Barbanica said he won’t attend

“Jason Vorhees” not expected there, either

By Allen D. Payton

Antioch Mayor Lamar Thorpe has called a special council meeting for Friday, Jan. 13, 2023 at 4:30 p.m. replacing the regular meeting he chose to not attend on Tuesday night causing it to be adjourned by the two council members who did attend due to the lack of a quorum. (See related article)

However, Friday’s meeting does not include the Closed Session meeting items for the performance evaluations of the city manager and city attorney that were scheduled before the regular meeting on Tuesday.

Don’t worry, “Jason Vorhees” isn’t expected to attend the meeting. Nor will District 2 Councilman Mike Barbanica, but not for the same reasons.

During the meeting the council will consider another cannabis business, reorganizing city departments, adding another new department head, a 16% salary increase and hiring part-time secretaries for council members. But because it’s a special meeting there will be no general public comments at the beginning or the end. Members of the public can still comment on the individual agenda items.

See complete agenda, here – https://www.antiochca.gov/fc/government/agendas/CityCouncil/2023/agendas/011323/011323.pdf

Leaves it to two councilmembers to adjourn meetings

Special meeting called for Friday at 4:30 p.m.

DA’s Office says no Brown Act violation, but complaint can be filed with county Grand Jury for investigation of possible “malfeasance, nonfeasance, or misfeasance” by Thorpe

Mayor knowingly incorrectly announced it was canceled on Facebook, when challenged by City Clerk Householder he deletes her and other’s comments then blocks her

Again, limits who can comment on one of his posts

City manager also didn’t attend, won’t say where he was

By Allen D. Payton

On Tuesday, Jan. 10, 2023, Antioch Mayor Lamar Thorpe attempted to cancel the publicly noticed first Closed Session and Regular Council meetings of the year scheduled for that night. Yet, after being informed by the city attorney in the early after that the meetings couldn’t be cancelled because they were publicly noticed, three hours later Thorpe posted on his official Facebook page that the regular meeting was cancelled. Then he just didn’t show up. Neither did City Manager Con Johnson whose performance evaluation was scheduled for the Closed Session that began at 6:00 p.m. (See related article)

Thorpe claimed in an East Bay Times article that the meeting had to be cancelled because “Councilmember Mike Barbanica was sick and two other council members — Monica Wilson and Lori Ogorchock — had requested to attend the meeting virtually” and that would prevent a legally required quorum of at least three members to attend in person to hold meetings.

Barbanica informed city management staff around 3:00 p.m. that he would also be in attendance. Thorpe was seen inside City Hall on Tuesday, so he was in town and could have attended the meeting. While on Monday Ogorchock said she wanted to attend via Zoom due to a sinus infection, on Tuesday she told the city attorney she would be at the meeting. Thorpe was seen inside City Hall on Tuesday, so he was in town and could have attended the meeting.

City Attorney Informed All Councilmembers Meeting Couldn’t Be Canceled Before Beginning

At 1:53 p.m. that day, City Attorney Thomas L. Smith emailed all five council members and copied City Manager Con Johnson, Assistant City Manager Rosanna Bayon Moore and City Clerk Ellie Householder, informing them the meeting would have to be called to order first before being canceled. He also offered alternatives of what could be done with the agenda items. Thorpe responded to his email about 13 minutes later.

“On Tue, Jan 10, 2023 at 1:53 PM Smith, Thomas Lloyd…wrote:

Dear City Council Members,

Because the meeting has been noticed and the agenda has been published, tonight’s meeting will need to be called to order before being adjourned for lack of a quorum (canceled).  If no council members are present, the City Clerk can call the meeting to order and adjourn the meeting for lack of quorum.

Here are some options for next steps:

1. The Mayor can call a Special Meeting, where certain agenda items could carry over and others would move to the next regular meeting;
2. The Mayor or City Clerk could adjourn today’s regular meeting to a specified date and time where all agenda items would carry over; or
3. All agenda items could be carried over to the next regular City Council meeting.

Thank you.

Thomas Lloyd Smith

City Attorney”

——————-

Thorpe Received, Responded to Smith’s Email

From: Lamar Thorpe <lamar@lamarthorpe.com>
Date: January 10, 2023 at 2:06:43 PM PST
To: “Smith, Thomas Lloyd”
Cc: “Bayon Moore, Rosanna”, City Council, “Garcia, Christina”, “Johnson, Con”
Subject: Re: Tonight’s Meeting: Quorum Required to Be Present at Antioch City Hall and Requirement for Teleconferencing Participation (AB 2449/Government Code 54953)
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

My last email provides next steps. Please re-read for any clarity. -LT”

———————

Barbanica Wasn’t Feeling Well Tuesday Morning, But Felt Fine Tuesday Afternoon

While Barbanica confirmed he was not feeling well and informed city management staff Tuesday morning, he told this reporter he was feeling better in the early afternoon and he sent texts to Johnson, Bayon Moore and Smith informing them he would be attend the meeting.

“I first texted at about 11 am that I wasn’t feeling well and going to Zoom in to the meeting,” the District 2 Councilman said. “But by about 2:30 pm I was feeling better. So, I texted the city attorney at 2:59 p.m. and the city manager and assistant city manager at 3:12 p.m. informing them I was fine, and I would be at the meeting. I followed up with the city attorney with a phone call.”

Ogorchock Planned to Attend Via Zoom, But Decided to Attend in Person

Ogorchock said she had spoken with the city manager’s administrative assistant on Monday about attending via Zoom.

“But Thomas told me on Tuesday if I didn’t show up, we wouldn’t have a quorum,” she explained. “So, I said I’d be there. I wasn’t sick. I had a sinus infection and didn’t want to sit there blowing my nose, and I had partially lost my voice.”

Wilson Was Traveling, Torres-Walker’s Whereabouts Unknown

District 4 Councilwoman Monica Wilson was traveling, and her flight was delayed. There’s no word on where Torres-Walker was and why she didn’t attend. Efforts to reach the District 1 councilwoman asking her where she was and why she didn’t attend the meeting were unsuccessful prior to publication time.

Thorpe Posts Cancellation Notice on Facebook About 5:30 p.m. Householder Refutes It

At about 5:30 p.m., Thorpe posted on his official Facebook page, “This evening’s regular city council meeting is canceled. Jan 10, 2023.”

City Clerk Ellie Householder, who had a falling out with her former best friend last year, challenged Thorpe in a comment below his post writing, “Tonight’s City Council meeting is not ‘cancelled.’ It is anticipated there may not be a quorum, however, the only way to determine that is at the meeting itself. Stay tuned for updates!”

Later, on her official City Clerk’s Facebook page, Householder wrote, “Tonight’s City Council meeting is not “cancelled.” It is anticipated there may not be a quorum, however, the only way to determine that is at the meeting itself. Stay tuned for updates!”

Thorpe Ignores Questions, Deletes Reporter’s Comments

Attempts to reach Thorpe Tuesday night were made asking him why the meeting was canceled, including in a comment on his official Facebook page below his post, if he was sick, out of town and unable to attend via Zoom or because he knew there weren’t three votes to pass what he wanted on the agenda. The mayor did not respond. That and a previous comment by this reporter below that post informing him and the public that Thorpe didn’t have the authority to cancel a publicly noticed council meeting have also since been deleted.

However, Thorpe has left a comment by Times’ reporter Judith Prieve Gutierrez of a link to her article about the meeting being cancelled below his post, as well as another comment by this reporter in response to another person’s comment. However, that person’s comment has since been deleted. But it’s not clear if Thorpe or that person deleted her comment.

Only Two Councilmembers Attend, Adjourn Meetings

Ogorchock and Barbanica attended the Closed Session meeting scheduled for 6:00 p.m. but had to adjourn the meeting because Thorpe didn’t attend. Neither Johnson nor Police Chief Steve Ford were in attendance. The two councilmembers, Smith, Bayon Moore and Householder waited around until 7:00 p.m. for the regular council meeting.

Barbanica said Smith asked them to wait for 15 minutes to give other council members the chance to attend, both he and Ogorchock said they had been waiting around since 6:00 p.m. and weren’t going to wait any longer. Because Ogorchock was the ranking member in attendance, having served longer on the council, she chaired the brief meetings. Barbanica made each of the motions to adjourn, Ogorchock seconded them, and they voted to adjourn the two meetings.

While the meetings were aired on Comcast cable TV Channel 24 according to technician Ronn Carter, the 7:00 p.m. regular meeting did not appear on the livestream on the city’s website. Householder was informed of that and later said there might have been a glitch but would look into it. The meetings will air again on Comcast Channel 24 tonight, Thursday, Jan. 13 at 7:00 p.m.

Householder later posted another comment below Prieve Gutierrez’s comments writing, “hey Judy! The meeting was not ‘canceled,’ it was simply adjourned because of lack of quorum. Council members Barbanica and Ogorchock were there. The mayor cannot cancel a meeting, and this fb post was not an official cancellation. Feel free to reach out if you want more details!”

That comment was also later deleted.

Official Announcement of Adjourned Meeting

Then at 7:20 p.m., Assistant City Clerk Christina Garcia emailed the council members and all city staff that the meeting had been adjourned due to a lack of a quorum.

“From: Garcia, Christina
Date: January 10, 2023 at 7:20:17 PM PST
To: All City Employees
Cc: City Clerk, webmaster
Subject: Antioch City Council Meeting for January 10, 2023 – No Quorum
Good evening Mayor, Council and Staff,

Please find attached the Order of Adjournment due to lack of a quorum, for the regularly scheduled Council Meeting of January 10, 2023. 

Thank you. 

Christina Garcia, CMC
Deputy City Clerk | City Clerk Department”

——————

Householder then posted the notice on her official Facebook page. ACC01102023 – No Quorum Notice

Householder Claims Thorpe Deleted Her Comments, Blocked Her on Social Media

Then on Wednesday, Householder wrote on her personal Facebook page about her former best friend, “Antioch’s Mayor Lamar A. Thorpe deleted my comment on his public post noting that last nights [sic] City Council Meeting was adjourned, not ‘cancelled.’

Seems weird to me that a mayor would block the city clerk from posting factual information about City business [sic] on his official social media pages.

I have also been blocked on his official Instagram and Twitter accounts.

As Antioch’s City Clerk, I am gravely concerned that the keeper of the city’s record, me, is intentionally prevented from accessing the record.”

In addition, at the end of the thread below the post about the meeting being canceled, on Wednesday night it reads, “Mayor Lamar A. Thorpe limited who can comment on this post” as he’s done multiple times previously.

Special Friday Council Meeting Called

Barbanica said on Wednesday that he was called by city staff about attending a special meeting this Friday to which he replied he would not attend but would be at the next regularly scheduled council meeting. Ogorchock said she was asked if she could attend a special meeting Friday at 4:30 p.m. and said she could, but “it was unfair since not all residents could attend nor would it be televised on Comcast TV Channel 24.”

As of Thursday afternoon, the special council meeting was noticed for Friday at 4:30 p.m. See agenda here – 011323.pdf (antiochca.gov)

Questions for Thorpe

Thorpe was emailed additional questions Wednesday night asking, “Where were you during the council meetings at 6 p.m. and 7 p.m., last night? Were you in Antioch? If so, you received the email from the city attorney around 1 p.m. that you couldn’t cancel the meeting, why did you post what you did over four hours later and not attend the meeting? Was the real reason because you feared you didn’t have the three votes to get what was on the agenda passed?”

In addition, questions were emailed to Thorpe about deleting Householder’s and this reporter’s comments on his official Facebook page and blocking her from his social media accounts. He was asked, “Why did you delete them instead of merely responding to or ignoring them? Who are those that are still allowed to comment? Who isn’t allowed? How do you make the determination of who you allow and don’t allow to make comments on your official Facebook page? Will you stop limiting who can comment on your official Facebook page, deleting comments and blocking people from your social media pages, including the city clerk?”

Questions for City Staff

City Attorney Smith was emailed questions Wednesday night and called on Thursday afternoon asking about the council meetings, “did Mayor Thorpe violate any state law including the Brown Act by attempting to cancel them and announcing the 7 p.m. (regular meeting) was canceled on his official social media page? If he was in town and able to attend the meeting, did Lamar violate the state’s Brown Act open meeting law or any other state law(s)? What other legal ramifications might there be for his lack of attendance at the meetings?”

In addition, because it’s been reported Thorpe was seen at City Hall and spoke with the city attorney on Tuesday, Smith was asked, “did you meet with or see Mayor Thorpe in person at City Hall or anywhere else in Antioch at any time, Tuesday prior to the meeting?”

Emails were also sent Wednesday night to Johnson and Bayon Moore asking the same question, if they met with or saw Thorpe in Antioch prior to the meeting.

In addition, Johnson was asked, “why didn’t you attend either of the Closed Session or regular meetings after having received the email from Thomas that the meetings could not be canceled before being called to order? Did you know Lamar was not going to attend the meetings? Where were you between 6:00 p.m. and 7:15 p.m., Tuesday night?”

None of them responded prior to publication time on Thursday afternoon.

Questions for Contra Costa District Attorney’s Office

Questions were also emailed Wednesday night to Contra Costa County Deputy District Attorney Steve Bolen who handles public corruption cases and CCDA PIO Ted Asregadoo asking, “Did the mayor violate any state law including the Brown Act by attempting to cancel both the Closed Session and Regular meetings and then announcing the 7 p.m. Regular meeting was canceled on his official Facebook page prior to the meeting? If the mayor was in town and able to attend the meeting, but he didn’t, did he violate the state’s Brown Act open meeting law or any other state law(s)? What other legal ramifications might there be for his lack of attendance at the meetings?”

They were also asked, “If the mayor didn’t attend and attempted to cancel the meetings because he knew there wouldn’t be three votes to pass items he placed on the agenda, is that considered public corruption? If so, what are the consequences?”

DA’s Office Says No Brown Act Violation, Complaint Can Be Filed With County Grand Jury for Possible Investigation

In response to the questions sent to the DA’s Office Asregadoo wrote, “I spoke with Steve about your Brown Act violation questions, and he does not see anything criminal or in violation of the Brown Act regarding the lack of a quorum at the Antioch City Council meeting on Tuesday.

However, a grand jury could consider investigating the lack of a quorum for malfeasance, nonfeasance, or misfeasance. A member of the public would have to submit a Complaint Form to the court to start that process.

As far as consequences go if a civil grand jury recommends charges, you can see a fairly recent example in the case of Gus Kramer. Though the trial ended in a hung jury, you can see how the process played out.”

Asregadoo was then asked, “before an investigation of possible public corruption occurs it requires direction from the Grand Jury?”

He responded, “It depends. Not every violation requires impaneling a grand jury. But in the questions you asked – which were specific to the lack of a quorum at the Antioch City Council meeting and possible Brown Act violations — Steve did not find anything criminal or in violation of the Brown Act.

However, if the public thinks there are violations of malfeasance (or the others mentioned), they can fill out a Complaint Form that the court will review. If the court thinks the complaint rises to the level of impaneling a grand jury, then they likely will. The DA will then review a grand jury referral and make a charging decision after that review.”

Please check back later for their responses and any other updates to this report.

Another cannabis business; reorganizing city departments, adding department head; to give performance evaluations for city manager, attorney

By Allen D. Payton

During their first meeting of the year, tonight, Tuesday, Jan. 10, the Antioch City Council will again consider hiring three part-time secretaries for themselves, increasing their own salaries and reorganizing the Public Works and Community Development Departments, which would include creating a new Engineering Department and adding another department head. They will also vote on approving a use permit for another cannabis distribution business. Prior to the regular meeting, during Closed Session, the council members will give performance evaluations to both City Manager Con Johnson and City Attorney Thomas L. Smith. (View the complete council meeting agenda packet.)

Cannabis Distribution Business

Under agenda Item 9, the council will consider approving a use permit for another cannabis distribution business named Delta Distribution at 2101 W. 10th Street. The location already houses five previously approved existing cannabis businesses, including Delta Labs, Delta Dispensary, Delta Nursery, Delta Farms and KWMA. The latter two are cultivation businesses. (See Item 9)

Reorganizing City Departments

First, City Manager Con Johnson placed Public Works Director and City Engineer John Samuelson on paid administrative leave Friday, Dec. 16, 2022. Now, he is pursuing a reorganization of both the Public Works and Community Development Departments and asking for the council’s approval.

In an automated response to an email asking about the proposed traffic calming devices on James Donlon Blvd. and Sycamore Drive, Samuelson wrote, “Thank you for contacting the City of Antioch.  I have been placed on administrative leave and I do not know if or when I might return.  Please contact Public Works at publicworks@antiochca.gov if you need assistance.”

Now, Johnson is proposing the council consider reorganize both the Public Works and Community Development Departments and create a new Engineering Department with a new head. But there are no details on the costs nor on how the Community Development Department would be reorganized. (See Item 10)

Council Pay Raises

Even though the city council voted 4-1 in 2019 for a 70% increase in their monthly stipends from $941.20 to $1,600.04 per month, the current council members will consider another 15.8% increase or $252.21 for a total of $1,852.25 per month for the part-time policy makers. Councilwoman Lori Ogorchock was the only member to vote against the 2019 pay raise, while then Councilmembers Lamar Thorpe and Monica Wilson voted in favor. Councilmembers Tamisha Torres-Walker and Mike Barbanica weren’t elected until 2020 and the increase didn’t go into effect until January 1, 2021, after that year’s election.

But the new increase can’t go into effect until January 1, 2025. According to the city staff report, “State law would permit an increase to $1,852.25 per month effective January 1, 2025 by applying the allowed five percent increase for four years (on a simple, non-compounded basis).” (See Item 11)

Council Secretaries

In addition to Mayor Lamar Thorpe having his own office and one office for the other four council members inside City Hall – even though City Treasurer Lauren Posada didn’t have her own office and was still using a cubicle in the Finance Department until she was informed on Dec. 29 that she would have one, again*, – for the first time ever, the five part-time policy makers will vote on hiring three part-time secretaries to support them. Currently the city manager’s secretary supports the council members, but the proposal is to hire one for the mayor, one for councilmembers in Districts 1 and 4 and another for councilmembers from Districts 2 and 3. Thorpe has split it up that way so that if District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock vote against the expenditure, they won’t have a part-time secretary to support them. The estimated costs are $15,000 to $21,667 for one secretary, $30,000 to $43,334 for two and $45,000 to $60,000 for three secretaries if all three are approved. (See Item 12)

*UPDATE: Posada shared Tuesday afternoon that, tonight, she and her husband were moving her back into the first-floor office she previously shared with City Clerk Ellie Householder, who has had her own office on the third floor since the completion of reconstruction inside City Hall, last year.

The meeting begins at 7:00 p.m. in the City Council Chambers at 200 H Street in historic, downtown Rivertown or can be viewed on Comcast channel 24, AT&T U-verse channel 99, or live stream at www.antiochca.gov/government/city-council-meetings.

 

Enough for 3 drinks for his body weight, more than “the drink…with dinner” he admitted to; lied to CHP officer; failed field sobriety tests; refused breath test during stop

By Allen D. Payton

According to the arrest report of his DUI arrest in March Antioch Mayor Lamar Thorpe had a Blood Alcohol Level of .121% and .124% according to two chemical breath tests he was administered. Released by the California Highway Patrol on Thursday, Dec. 22, 2022, the report also reveals Thorpe failed the field sobriety tests in a variety of ways including having nystagmus which is defined as, “uncontrolled repetitive movements of the eyes” and “the distinct odor of an alcoholic beverage emitting from his breath”. Thorpe DUI Arrest 3-19-22 Report Redacted

Yet, in an apology video on his official Facebook page later that morning, Thorpe said, “I never felt inhibited by the drink I had with my dinner”. He was pulled over by CHP Officer J. Dagnino at about 1:15 AM.

The report also shows Thorpe lied to the officer about having anything to drink.

“I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink,” Rosario wrote.

The report shows the 41-year-old Thorpe, who was wearing a “Michelob Ultra” wristband at the time of the stop, “was struggling to maintain a center lane position” while driving northbound on I-680 in Concord at 59 MPH.

During the field sobriety test, while standing on one leg he, “Swayed from center, left to right” and “lost his balance” during the Walk and Turn portion of the field test. Officer Dagnino wrote that he, “advised Lamar of the PAS (Preliminary Alcohol Screening Device)…and he refused to provide a sample.”

Blood Alcohol Content and Level

According to Law and Daily Life “The definition of blood alcohol content is the blood alcohol level expressed as a percentage” and “Generally one drink is considered: (1) 12 fluid oz. beer, (1) 5 fluid oz. glass of wine or (1) 1.5 fluid oz shot of hard liquor.”

The arrest report shows Thorpe weighs 120 pounds. According to the DMV’s BAC chart that means he had to have consumed at least four drinks prior to his arrest, not taking into account the reduction by 0.01% for each 40 minutes of drinking. His two tests were administered at 2:13 AM and 2:19 AM, which means his BAC was higher at the time he was driving an hour prior.

12-28-22 9:00 PM UPDATE: However, the original arrest report issued in March shows Thorpe weighs 150 pounds which according to the above chart clearly requires at least three drinks to be legally intoxicated. Chp288B.THORPE Report of Arrest 3-19-22

An email was sent to CHP PIO Andrew Barclay Wednesday evening for clarification of which weight for Thorpe is correct. Barclay responded, “His license lists 120 lbs., but as you know you can claim whatever. I would not know what his current weight is as it is inconsequential in our investigations.  The 150 could simply be a typo.”

According to reports from Antioch residents and restaurant staff members who chose to remain anonymous, Thorpe was seen drinking at an Antioch restaurant earlier that day prior to leaving the area.

Transcript of Report

Observation Prior to Contact

“On 3/19/2022 at approximately 0110 hours, I was on patrol, in full CHP uniform, driving a fully marked black and white CHP patrol vehicle, with my partner Officer J. Del Rosario #22568 (passenger). On the date and time mentioned, I was traveling northbound on I-680, just south of Monument boulevard within the #4 lane, monitoring traffic. Traffic was moderately light, and I observed a silver SUV just ahead of my location, within the #5 lane, that was struggling to maintain its center lane position. I accelerated my patrol vehicle and positioned it directly behind the silver SUV, now identified as a silver Volvo with a California license plate of (redacted) and continued to monitor the Volvo’s driving behavior. While monitoring the Volvo’s driving behavior, I observed the Volvo continue to struggle to maintain a center lane position, by crossing over the broken white lane divider line on left side and the solid white line on the right side. The Volvo was also traveling at approximately 59 MPH in a posted 65 MPH zone.

After observing the Volvo’s driving behavior, I activated my patrol vehicle’s emergency CODE 3 lights and initiated an enforcement stop on the Volvo. The driver of the Volvo applied the brakes and began to pull to the right shoulder on SR-242 northbound, just north of the I-680 transition. Using the patrol vehicle loudspeaker (PA) my partner began to instruct the driver of the Volvo to exit at the Clayton Road exit. The driver of the Volvo continued to drive on the shoulder of SR-242, until my partner directed the Volvo to turn right onto Market Street and pull to the right curb edge, just south of Clayton Road. The Volvo followed instructions given by my partner and pulled to the right curb edge, just south of Clayton Road and Market Street intersection. I parked directly behind the Volvo, exited my patrol vehicle and made a passenger side approach of the Volvo.

Observation Upon Contact

I contacted the driver, who was the only occupant in the vehicle, through a lowered passenger window and immediately detected the odor of an alcohol beverage emitting from within the Volvo. I advised the driver for the reason of the stop and asked for his license, registration, and insurance. The driver provided me with a California Driver License and was positively identified as Lamar Anthony Thorpe with a date of birth of 04/06/81 and (redacted).

Upon contact, Lamar displayed objective signs and symptoms of intoxication; watery eyes, droopy eye lids and slurred speech. Lamar was also wearing a white Michelob Ultra wristband around his right wrist and related he was on his way home from dinner. I asked Lamar if he had consumed any alcoholic beverages prior to driving and he related he had nothing to drink. I directed Lamar to exit the vehicle and meet me near my patrol vehicle to answer a series of questions and perform a series of voluntary field sobriety tests. Lamar exited his vehicle and met me on the concrete sidewalk. While speaking with Lamar outside the vehicle, I could smell the odor of an alcoholic beverage emitting from his breath. I asked Lamar the remainder of the Pre-FST questions which he answered accordingly. I explained and demonstrated a series of Field Sobriety Tests to Lamar, which he did not complete as explained and demonstrated.

Horizontal Gaze Nystagmus

Lamar related he was wearing soft contact lenses. His eyes were watery, his pupils were equal, and he was able to track the tip of my finger with both eyes. He displayed the following:

• Lack of smooth pursuit in both eyes
• Distinct and sustained nystagmus at maximum deviation in both eyes
• Onset of nystagmus prior to 45 degrees in his right eye, at approximately 40 degrees
• Lack of convergence in his left eye.

Walk and Turn

During Walk and Turn, Lamar displayed the following:

• Lamar lost his balance during the instruction phrase. I instructed him to set back up in the starting position.
• Lamar used his arms for balance by raising them more than six inches from his sides.
• Stepped offline between steps 5 and 6, during the first set of steps
• Missed heel to toe contact by more than 1” between steps 3 & 4 of the first set.

One Leg Stand:

Lamar raised his left foot for the test, and he displayed the following:

• Swayed from center, left to right
• Used his arms for balance by raising them more than six inches from his sides.
• Put his foot down twice and was instructed to lift his foot and continue to test

Modified Rhomberg

Lamar was instructed to end the test once he reached an internal estimated count of thirty seconds, he ended the test at fifty-two seconds.

• His eyes displayed tremors
• He swayed from center, front to back
• Lamar displayed a bouncing pulse in his neck

ARREST

Due to Lamar operating a motor vehicle upon a highway, his admission to operating a motor vehicle, the distinct odor of an alcoholic beverage emitting from his breath, his objective signs and symptoms of alcohol impairment (water eyes, slowed/ slurred speech, droopy eye lids) and his poor performance on the field sobriety tests, I determined Lamar was operating a motor vehicle while under the influence of alcohol and was impaired. I placed Lamar under arrest for violation of California Vehicle Code section 23152(a) VC (Misdemeanor, DU). Lamar was searched incident to arrest and placed in the front seat of my patrol vehicle. I advised Lamar of Implied Consent (23612 VC) and he chose to submit to a chemical breath test.

Lamar was transported to the CHP Contra Costa Area Office for the chosen chemical test. I observed Lamar for fifteen minutes prior to administering the chemical breath test to ensure he did nothing to compromise the test. Lamar provided two breath sample with results of .121% and .124%. I advised Lamar of Trombetta and he declined any further testing. (According to LosAngelesDUIAttorney.com, “California v. Trombetta was a Supreme Court case that found that police do not have to preserve DUI breath test samples like other evidence. It was also be used as a precedent…to establish rules for destroyed or missing evidence).

Following the chemical test, Lamar signed the CHP 215/ Promise to Appear in my presence and was released to [redacted].

EVIDENCE

Item #1            1 Compact Disc containing video of news clip/ suspect’s admission to driving while under the influence.

OTHER FACTUAL INFORMATION

The same morning following the incident, ABC 7 news uploaded an article regarding the arrest/ incident. In the video, Lamar Anthony Thorpe (Mayor Antioch, Ca) relates he was arrested by California Highway Patrol for driving under the influence. In the video, Lamar related he assumes full responsibility for his actions and admits to operating a motor vehicle while under the influence. The video was copied onto a compact disc, booked into the CHP Contra Costa temporary evidence locker and a copy was attached with this report.

The patrol vehicle utilized is equipped with a Wireless Mobile Video Audio Recording System (VVMVARS) that was on at the time of the incident and which may or may not have captured all relevant information.

RECOMMENDATION

I recommended a copy of this report be forwarded to the Contra Costa County District Attorney’s Office for review and prosecution of Lamar Anthony Thorpe for the following charges:

• 23152(a) VC – Misdemeanor – Driving Under the Influence.
• 23152(b) VC – Misdemeanor – Driving Under the Influence over .08% BAC.”

———-

Found Guilty on One DUI Count

As previously reported, Thorpe, through his attorney, pled no contest to both charges, during his court hearing, on Tuesday, Dec. 13, 2022. According to the Felony and Misdemeanor Clerk’s Docket and Minutes he was found guilty on the second count of DUI over .08% BAC and the other charge was dismissed. Thorpe Clerk’s Docket and Minutes 12-13-22 redacted

According to the Misdemeanor Order of Probation, Thorpe was fined $1,749 and was sentenced to two days I prison with one day credited and is eligible for the Sheriff’s Work Alternative Program for the one remaining day. Thorpe was also sentenced to three years of probation and cannot drive a vehicle with any measurable alcohol in his blood, and must attend and complete a three-month alcohol program. Thorpe Misdemeanor Order of Probation 12-13-22 redacted

He was given the Watson advisement. According to LosAngelesDUIAttorney.com, A “Watson advisement” is a formal statement you must sign after being convicted of DUI. It says you understand that driving under the influence can injure or kill people, and it can be used against you if you ever cause a DUI accident in the future. Legally, this means that you could be tried for second degree murder if your DUI kills someone.”

Please check back later for any updates to this report.

Zepeda’s election in Richmond council race also confirmed, Butt’s campaign files precursor to possible lawsuit but dropped it

By Chris Campos, Editor, ThePress.net

Republished with permission.

MARTINEZ—Tamisha Torres-Walker, running for re-election for the Antioch City Council District 1 seat, came ahead by 3 votes on Nov. 8 beating challenger Joy Motts. After a lengthy and expensive recount Torres-Walker’s lead increased by one vote, according to the county elections office.

Allen Payton, publisher of the Antioch Herald but “acting as a resident and voter in the city,” requested the recount on Motts’ behalf. It’s been a costly exercise. Asked what the final price was Motts responded, “about $30,000.”

She was glad she went through the process. “With just a three vote difference I think it makes sense to go forward and the community agreed. I had support to pay for this.”

The results of the recount were announced Friday by County Clerk Deborah Cooper. The total for Motts dropped by one vote while Torres-Walker’s vote total didn’t change.

Asked for her thoughts Torres-Walker said, “I’m just excited for this to finally be over and celebrate this win. I’ve just been waiting for this process.  I’m going to go home and celebrate the holidays with my family and look forward to serving Antioch on the city council for the next four years.”

Payton, publisher of the Antioch Herald, offered to help fundraising and help cover the costs of the recount. Motts stated earlier on her Facebook account, “We have found out today that unfortunately, the County is charging upwards of $38,500 for this recount, an exorbitant amount of money. Nevertheless, we are moving forward to try and raise the necessary funds. If you would like to support my efforts for a full recount, you can donate on my website at joymotts.org”

Payton said Friday, “about $20,000 total was raised by Mott’s campaign, most through her website, and spent as of today, including another $2,080 she paid today to the Contra Costa County Elections and $6,000 for elections attorney Chris Schweickert of Seto, Wood & Schweickert in Pleasant Hill for yesterday and today.”

On the first day of the recount 8 challenged vote-by-mail ballots and 4 challenged provisional ballots in the District 1 race were reviewed by Motts and Payton, who requested the recount on her behalf the previous week. It occurred at the Contra Costa County Clerk’s Office Elections Division office, with Deputy Clerk-Recorder Tommy Gong, two elections office staff members as well as Torres-Walker and campaign consultant Melody Howe Weintraub monitoring the ballot count.

Of the ballots reviewed that day, two ballots were challenged by Motts and Payton for further review by Gong who allowed one to be counted and one was rejected.

A simultaneous recount is under way for the Andrew Butt campaign in Richmond’s District 2 race which ended in a tie and was broken last week by the drawing of an envelope out of a shopping bag. The results of the recount reduced Butt’s vote total by three and winner Cesar Zepeda’s vote count remaining the same.

As the challenge to those few ballots was transpiring, county elections staff were in the warehouse about a block away, retrieving 1,700 boxes of ballots in which the staff members have determined there are ballots for both the Antioch and Richmond elections. Those ballots were already put through the counting machines and included in the total vote count.

During a tour of the warehouse on Wednesday, Dec. 14, Elections Services Manager Travis Ebbert was asked if ballots could be stuck together and scanned through the machine. He responded it could happen, but there are checks and balances.

“There are ways that ballots get scanned and double scanned. The scanners are high speed. They go really fast,” Ebbert explained. “By the time the first ballot is processed the seventh ballot is being imaged. There are checks for that. There’s human intervention and a second person there.”

“There’s potential for human error out of the 1.5 million ballot pages (submitted in the county during the November election),” he continued. “In the 1% manual count there were no double scans. This was the smoothest scan with the least human intervention.”

Helen Nolan, the assistant registrar of Contra Costa County, said later, “Thank you to everyone who came to observe and be a part of the recount process today. I appreciate your patience; we know it’s not always exciting but it’s an important part of our democracy and protecting the vote!”

During an interview with a reporter for NBC Bay Area Motts said, “This was not the methodology my campaign asked for. We wanted them to look at all the ballots in all the boxes. But to do that would be an exorbitant amount of money. When they decided to do this targeted search we didn’t expect there would be much of a change.

“The costs were split with the Butt campaign, so the total was $60,000 for both recounts,” she continued. “I think with elections this close they should automatically do a recount. As we saw today some ballots were adjudicated. I think it’s important that the county elections (office) does that and we as citizens support that.”

On Thursday Butt’s campaign filed the required paperwork on Thursday for a potential lawsuit challenging the election results but chose to drop it.

“What I filed on Thursday was an election contest under election code,” Daniel said, “It’s been muted by this recount result. It challenges specifically the two votes in the marina precinct. You also have to show it will change the outcome of the election. Now that Cesar has won by three votes, we’re dropping it. I’m keeping the door open to sue the city because the district map fails all criteria. But it won’t overturn the results of this election.”

“Both these candidates did the right thing in spite of opposition. They fought the good fight. But it’s worth looking into reducing the costs for recounts and requiring automatic recounts in close races,” he added.

Contra Costa County Elections Division staff provided the following information Friday evening:

Recount Results:
Antioch City Council District 1 Recount ANTIOCH Final Results by Precinct O&U
Tamisha Torres-Walker 1,467
Joy Motts 1,463
Diane Gibson-Gray 1,338

Richmond City Council District 2 Recount RICHMOND Final Results by Precinct
Andrew Butt 1,918
Cesar Zepeda 1,921

“These close races should remind voters how important every single vote is. I have been working for the Clerk-Recorder-Elections Department for 33 years and recounts have been extremely rare.” said Cooper. “Our elections team once again performed above and beyond, by recounting not one, but two city council races over the course of the past week and a half. These recounts confirmed the integrity of the elections through a transparent audit process.”

The final official report for this election is posted on the Contra Costa County Elections website and can be found at www.contracostavote.gov.

Allen D. Payton contributed to the Richmond recount portion of this report.