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.

City council proclaims this week in his honor

By Allen D. Payton

Since 1978, Antioch resident Frank Ballesteros has been performing as the character of Ebenezer Scrooge in and directing “Humbug!”, an adaptation of Charles Dickens’ 1843 novella entitled, “A Christmas Carol”. This year, the performances will be held at 300 G Street in Antioch’s historic, downtown Rivertown beginning tonight, Friday, Dec. 16 at 7:30 p.m. and run through Christmas Eve, Saturday, Dec. 24 at 1:00 p.m. Tickets are available at the door for Adults: $10.00, Seniors: $7.00 and Children 7-12: $5.00. (See complete performance schedule, below)

Now called Madd Hatter Players, formerly Antioch Storyland Theater, then Frank Ballesteros Productions and Antioch Children’s Theater, he has been teaching acting skills to children and adults and holding performances of various plays since 1968.

“I’ve always loved the classic movie ‘A Christmas Carol’, the 1954 version,” he said.” We used to watch it every year. Then George C. Scott played the part of Scrooge in the 1980’s adaptation.”

“Then I put in the Christian message. Instead of Scrooge accepting Christmas, in my show, Scrooge accepts Christ, which is the same as the message of Christmas,” Ballesteros shared. “No one has ever been offended in the 40 years, that it’s not the original story. Charles Dickens did that when he had Scrooge say, ‘I want to follow that star to Bethelehem’.”

Throughout the year he and his theater group perform other plays, like a murder mystery earlier this year, and fairy tales. He will be working on Snow White immediately after the holidays.

“I decided to do the children’s theater classics such as Snow White with women in the main role,” Ballesteros explained. “Some of these women are gorgeous. This gives a handsome young man in his 30’s or 40’s to play a prince or a young woman in her 30’s or 40’s to play a princess. They’re not too old.”

“We let the public know that Madd Hatter players presents the plays as age 30+,” he continued. But Humbug! is for all ages with both children and adults.

“The majority of the children in the cast are from Elite Dance Academy in Antioch who play the part of Cratchit’s children,” Ballesteros stated.

On Tuesday night, Dec. 13, the Antioch City Council honored Ballesteros naming this week as “Frank E. Ballesteros ‘Humbug’ Week” in the city. Antioch City Council Frank E Ballesteros Humbug Week Proclamation 12-13-22

In Honor of

FRANK E. BALLESTEROS

“HUMBUG” WEEK

December 12-19, 2022

WHEREAS, Frank E. Ballesteros has been providing the opportunity to learn acting skills for hundreds of aspiring children and adults in Antioch for over 40 years;

WHEREAS, Frank has directed and mentored citizens of Antioch and has provided lifelong memories that they continue to remember and share with their families and friends;

WHEREAS, since 1978, he has directed and performed as “Scrooge” in his production of “Humbug” here in the City of Antioch;

WHEREAS, during the Christmas season, Frank E. Ballesteros has brought his production of “Humbug” to Antioch, which illustrates the meaning of Christmas and leaves those in attendance, cheerful and warm-hearted for the entire Season; and

WHEREAS, the 2022 production of “Humbug” will start on December 16th and run through December 24th, performing at 300 G Street in Antioch.

NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby proclaim the week of December 12th to 19th, 2022, as “Frank E. Ballesteros ‘Humbug’ Week”, and encourages its citizens to come out and see the production during this Holiday season.

DECEMBER 13, 2022

——————-

For those who would like to be part of one or more of Ballesteros’ plays including the upcoming Snow White play contact him at (925) 966-2724 or by email at ballesterosfrank265@gmail.com.

No show in court, attorney pleads no contest for him; gets one night credit for time served; must attend 3-month DUI program; no other details, yet

By Allen D. Payton

During Antioch Mayor Lamar Thorpe’s DUI court hearing, Tuesday morning, Dec. 13, 2022, according to an Antioch resident who attended, his attorney, Dan O’Malley pled no contest on behalf of his client who was not in attendance. Judge Rebecca C. Hardie found Thorpe guilty and sentenced him to three years court probation and two nights in jail with credit for one night served. The second can be spent picking up litter.

Thorpe was also directed to not have any alcohol in him while driving and if stopped by the police he must submit to a field sobriety test.

According to Ted Asregadoo, Contra Costa DA’s Office PIO, “Mr. Thorpe’s additional day in jail will be served through the County Sheriff’s Custody Alternative Facility. He must also attend a DUI program for three months. There are standard terms, conditions, and fees he’s required to abide by and pay. The dollar amounts were listed by the Judge Hardie.”

Those will be listed in the minute order which is expected to be posted on the court’s website, later.

“CHP will have the arrest report that has his BAC level,” Asregadoo shared. “You’ll most likely have to come to the courthouse in Martinez to request the minute order — which will show the disposition of the case.” That will include “how long he’ll be on court probation, the alternative custody, and DUI school,” he added.

The Work Alternative Program allows individuals sentenced to less than 30 days in jail to work at various assigned worksites during daytime hours and receive day for day credit on their sentences. Participants will be required to perform physical labor for eight hours at one of many locations throughout Contra Costa County.

A request for the CHP’s full report of Thorpe’s arrest was made on Tuesday afternoon. CHP Public Information Officer Andrew Barclay responded “I will ask the Contra Costa Area to pull the report and start the process with our Public Records Unit.  They will review and make any necessary redactions prior to release. We have a public records unit in Sacramento that handles all of the redactions and ensures everything being released complies with the Government Codes governing PRA’s (Public Records Act requests).”

The government has up to 10 days to fulfill a Public Records Act request.

Attempts to reach Thorpe and his attorney for comment were unsuccessful prior to publication time.

Please check back later for any updates to this report.

Plans to form Business Mastermind Group

By District 3 Councilwoman Lori Ogorchock

Antioch business owners: 

This is an invitation to a private meeting with the City of Antioch’s Chief of Police Dr. Steven Ford to create a Business Mastermind Group.  You are invited to share your ideas on how to deal with the challenges of operating a business in Antioch and how to bring back the joy of doing business in Antioch.

When: Thursday, December 15, 2022

Time: 6:00pm

Where: Community Room at the Antioch Police Department

300 L Street, Antioch

Who is Invited: Business owners and representatives

As you are aware, theft, vandalism and personal threats to your safety have increased.  The costs of repeated vandalism repairs and the hiring of personal security are both driving businesses out of the city.

The City of Antioch is a beautiful and amazing location to live and have your business here.  It is unfair to be driven out of the city by those who do not care if your:

walls are graffitied

windows are broken/boarded up

doors are kicked in/damaged/boarded up

roofs are torn apart

walks to access doors are soiled making customer access difficult

customers feel uncomfortable

This is not acceptable!

There are far more vandals than there are police, hence the reason that the businesses need to figure out how to work together. Businesses need to put a city-wide plan together and work hand in hand with each other and the police.

Bring your suggestions and ideas to the meeting and let’s start to mastermind a better way to do business within the City of Antioch.

To ensure we have enough space RSVP the Antioch Chamber of Commerce at (925) 757-1800.

She, Wilson given oaths of office Tuesday night

By Allen D. Payton

Following the oaths of office for District 1 Councilwoman Tamisha Torres-Walker and District 4 Councilwoman Monica Wilson, during the Antioch City Council meeting Tuesday, December 13, 2022, Torres-Walker was appointed the city’s next mayor pro tem. For now, pending the outcome of the ballot recount in the District 1 election which began Tuesday morning, she will serve in the position for the coming year.

Even though Wilson had a higher percent of the vote, she has previously served as mayor pro tem and according to city ordinance, she can’t serve in the position again until all other council members have had the opportunity.

“I’m very proud of you,” Mayor Lamar Thorpe said to Torres-Walker.

Then, on a motion by District 3 Councilwoman Lori Ogorchock and seconded by outgoing Mayor Pro Tem and District 2 Councilman Mike Barbanica the council voted 5-0 to appoint her. The mayor pro tem serves in the place of the mayor when absent from meetings or out of town. Torres-Walker will also serve as the alternate to Thorpe at the monthly Mayor’s Conference.

 

Attacked by patron of fast food restaurant where she worked resulting in blinding her right eye

By Allen D. Payton

During a special ceremony Tuesday night, December 13, 2022, Antioch Mayor Lamar Thorpe and councilmembers presented resident Bianca Palomera with a Key to the City, “In recognition of a courageous, selfless and extraordinary act of heroism”. The 19-year-old employee of The Habit Burger in Antioch was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied by another patron. Palomera lost her right eye because of the incident and the suspect was arrested last week on charges of mayhem and aggravated assault. (See related article)

During the ceremony MC’d by Assistant City Manager Rosanna Bayon Moore, Robyn “RBYN” Jackson sang the National Anthem followed by a poem by Jose Cordon who was chosen by Thorpe to be the city’s Poet Laureate. That was followed by welcome remarks by Antioch School Board Vice President Antonio Hernandez.

Palomera was then thanked and presented with certificates of recognition by Be Exceptional, State Senator Steve Glazer and Assemblyman Tim Grayson, Supervisor Federal Glover and We Get it Foundation, which serves neurodivergent individuals and their families. Elizabeth Soleyman LaVasse, CEO and Chair was joined by others from the organization and said, “My team and I stand before you today to commend Bianca in her heroic and selfless efforts to defend a vulnerable, neurodivergent youth. Those efforts impacted the community and I speak for us all when I say that there should be more Biancas in this world.”

They then presented Palomera with their Hero of the Year Award for 2022.

Antioch Chamber of Commerce Executive Director Daniel Sohn and Chair Ana Walker presented Palomera with flowers and a certificate of recognition. Sohn announced the Chamber Board approved giving $500 to help with her medical bills and the Chamber Foundation agreed to match that as a donation to the charity of Palomera’s choice.

Several Antioch business owners then presented Palomera with a bouquet and a gift card to Macy’s.

During his remarks Thorpe explained the issuing of keys to a city is from the days of medieval walled cities and that this was only the second Key to the City he’s presented as mayor. About the young heroine Thorpe said, “Miss Palomera is the light that shined valiantly.”

He was then joined by his fellow council members to present Palomera with the Key to the City mounted on a plaque which reads, “In Recognition of a Courageous, Selfless and Extraordinary Act of Heroism”. Then-Mayor Pro Tem Mike Barbanica presented her with a bouquet of flowers.

An at times emotional Palomera was then given the opportunity to speak to those in attendance thanking them and all those “who have reached out” supported her since the incident. She was given two long rounds of applause. Thorpe then recognized her parents and family who were in attendance for the ceremony.

The mayor also thanked and presented certificates of recognition to Antioch Police Sgt. Matt Koch, Detective John Cox and Lt. John Fortner, who was out of town, for their efforts identifying the suspect and solving the crime.

“Antioch has a very high clearance rate for homicides and other violent crimes,” Thorpe pointed out.

Without a vote Mayor Thorpe to give Key to the City to fast food worker who was blinded during November attack; Torres-Walker expected to be next mayor pro tem

By Allen D. Payton

During tonight’s Antioch City Council meeting, Tuesday, Dec. 13, 2022, re-elected Councilwomen Monica Wilson and Tamisha Torres-Walker will be given their oaths of office after the council confirms the election results. The District 1 councilwoman is expected to be appointed the city’s mayor pro tem for the next year. Earlier in the meeting, for the first time, the council will consider hiring three part-time secretaries for the five part-time policy makers, one for the mayor and two for the other four other council members.

Before the meeting, at 6:00 p.m. Mayor Lamar Thorpe will be presenting a Key to the City to Bianca Palomera “In recognition of a courageous, selfless and extraordinary act of heroism”. She is the employee of The Habit Burger restaurant who was hit in the face and blinded in one eye while defending a special needs patron from being bullied by another patron who has since been arrested and charged with mayhem and aggravated assault. (See related article)

However, no council vote was taken to approve the issuing of the Key to the City and neither current Mayor Pro Tem Mike Barbanica nor District 3 Councilwoman Lori Ogorchock were aware of Thorpe’s plans as of last Friday.

District 1 Ballot Recount Begins

The actions of the council to confirm the election results and administer the oath of office to Torres-Walker will have no effect on the recount of the ballots in the District 1 race that began, today on behalf of Joy Motts who lost to the councilwoman by just three votes. Should it result in the election being overturned, the incumbent will step down and Motts be sworn in.

Public Comments

Members of the public who wish to speak during general Public Comments or on an agenda item may do so in one of the following ways (#2 pertains to the Zoom Webinar Platform):

1. IN PERSON: Fill out a Speaker Request Form, available near the entrance doors, and place in the Speaker Card Tray near the City Clerk before the City Council Meeting begins.
2. VIRTUAL: To provide oral public comments during the meeting, please click the following link to register in advance to access the meeting via Zoom Webinar: https://www.antiochca.gov/speakers You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. When the Mayor announces public comments, click the “raise hand” feature in Zoom. For instructions on using the “raise hand” feature in Zoom, visit: https://www.antiochca.gov/raise_hand. When calling into the meeting using the Zoom Webinar telephone number, press *9 on your telephone keypad to raise your hand . Please ensure your Zoom client is updated so staff can enable your microphone when it is your turn to speak. Speakers will be notified shortly before they are called to speak. When you are called to speak, please limit your comments to the time allotted (350 words, up to 3 minutes, at the discretion of the Mayor). The City cannot guarantee that its network and/or the site will be uninterrupted.
3. WRITTEN PUBLIC COMMENT: If you wish to provide a written public comment, you may do so in one of the following ways by 3:00 p.m. the day of the City Council Meeting: (1) Fill out an online speaker card, located at https://www.antiochca.gov/speaker_card, Or, (2) cityclerk@ci.antioch.ca.us. 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, retained on file by the City Clerk s Office, and available to the public upon request. Written public comments will not be read during the City Council Meeting.

The meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 200 W. Third Street and can be viewed on Comcast channel 24, AT&T U-verse channel 99, or via live stream on the city’s website.

 

8 of the challenged ballots were not cured; results now certified; possible recount could be costly

“I don’t think I can do this without you…I want to partner with you” – Torres-Walker to Motts

By Allen D. Payton

After waiting weeks for the ballot counting to be completed, including a hand count, a change in the lead then a tie as of last Wednesday, Nov. 23, and 19 challenged ballots that required curing, the Antioch City Council race in District 1 has been decided. Incumbent Councilwoman Tamisha Torres-Walker beat challenger and former Councilwoman Jot Motts by just three votes. The final results according to the Contra Costa County Elections Division Torres-Walker ends with 1,467 or 34.36% and Motts has 1,464 votes or 34.29 percent of the vote. Diane Gibson-Gray ended the race with 1,339 votes or 31.26% to round out the close contest.

Following the hand count of the ballots at the county elections office on Thursday, the two candidates who were waiting and watching the hand count at the county elections office, along with one supporter, each, made brief comments, hugged and spoke with each other.

“It’s been a long haul,” Torres-Walker said with a laugh.

Speaking with Motts she said, “I don’t think I can do this without you. You love Antioch and I want to partner with you. I don’t know what people downtown want. You do. I want you to tell me, advise me and I want to work with you.”

A disappointed Motts agreed to then said about the election results and the hand ballot count, “I really appreciate they did this, that they took the extra time.”

Possible Recount Could Be Costly, 8 Challenged Ballots Not Cured

Regarding questions and discussions by some Antioch residents and others of a recount with the results so close, Assistant Registrar of Voters Helen Nolan said, “Anyone can ask for a recount, but they have to be willing to front the money to pay for it. The daily cost is anywhere from $2,500 to $10,000. It depends on the method the requester wants.”

“Yesterday, we used printed images of every ballot,” she explained. “A recount would not be dissimilar. We could use the images of the ballots which would take less time and cost less. The most expensive way and would take the longest time is if we have to pull the paper ballots from the stored ballots. That’s because we don’t store them by precinct anymore. They’re stored in batches as they came in. So, among the 1.3 million ballot pages from this election we’d have to find 4,500 ballots with the District 1 election votes on them.”

“If the election is overturned, they receive a refund,” she added.

Asked what difference another hand ballot count would make Nolan responded, “It wouldn’t. We’d be looking at the same ballots as we did, yesterday.”

However, during Thursday’s hand count the elections staff used copies of images of the ballots that had been scanned into the machines, not the actual ballots.

Elections Division Voting Systems Manager Travis Ebbert showed those watching yesterday’s count “three ballots that were adjudicated and required a human to make the decision,” Nolan explained. “We separate them by votes and anything you can’t tell they’re adjudicated and the vote determined. The two included votes for both candidates but the person had marked it out. That removed one vote each. The third one was either an overvote or it could have been a vote for either candidate and Tamisha still wins.”

“We went through all the ballots including the 11 out of the 19 challenged ballots were cured since Nov. 23,” she continued. “The other eight ballots remain challenged.”

“We didn’t get a letter back and we weren’t able to cure them,” Nolan stated. “Those were not counted, nor will those ballots be opened during a recount.”

“We’re required to keep everything for this election for 22 months,” she shared.

Asked about the latest vote totals on the Elections Division website Nolan said, “Those are the final numbers. We will be certifying them, today. But those numbers will not change.”

Results Certified

In a press release Friday afternoon, it was announced that Contra Costa County Clerk-Recorder-Registrar Debi Cooper certified the results of the November 8, 2022 General Election today.

“Our elections team has once again administered an accurate, transparent, safe and secure election for Contra Costa County.  This team of expert staff made a very complicated and technical process look easy – it isn’t,” Cooper said. “I am proud of this talented group, who make democracy happen for Contra Costa voters and provide incredible service.  This includes: permanent staff, temporary workers, poll workers, and volunteers. I want to thank each of them for their hard work and civic service.  It is my honor and privilege to certify my last election as the head of this department.”

The Elections Division conducted the canvass to complete the official count of all qualified ballots and to perform audits to verify the tabulation equipment performed as intended.

The purpose of the canvass accomplishes four primary tasks: ensuring that every eligible ballot is counted, that voters only voted once, that proper procedures were followed, and that the vote tabulation system counted ballots properly.

The final turnout for this Primary Election totaled 394,153 ballots cast, representing 56.15% of the 701,969 registered voters of Contra Costa County.

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