Recognizes MLK Day, approves $1 million for small business grants

By Allen D. Payton

During their meeting on Tuesday, Jan. 24, 2023, the Antioch City Council voted for another cannabis business and $1 million in federal funds for small business grants. They also recognized MLK Day, honored Antioch’s 2022-23 Lifetime Veteran of the Year and proclaimed Friday, January 27, 2023 as Grace Bible Fellowship of Antioch Day.

The council also approved the Housing Element Update which included Amendments to the East Lone Tree Specific Plan for the Commercial and Employment Phase and tabled a proposed new salary range for department directors.  (See related articles here and here)

Closed Session Report

At the beginning of the regular council meeting, City Attorney Thomas L. Smith reported out from Closed Session saying, “the City Council decided to settle the case by $10,000.” It passed on a 4-1 vote with Mayor Pro Tamisha Torres-Walker voting no.

In the case, David L. Cook sued the City alleging “that he was improperly arrested and detained on multiple occasions”.

Smith also said there was no reportable action on the performance evaluations of City Manager Con Johnson and himself.

District 3 Councilwoman Lori Ogorchock asked to move up Item 10 on the agenda regarding the department director salary adjustments after the proclamations. The council unanimously approved the motion.

MLK Day Recognized

The Rev. Dr. Martin Luther King, Jr. Day was recognized by the council due to the cancellation of the MLK Day of Service because of the weather. The council shared Dr. King’s “I Have a Dream” speech.

“This will be our small version of our MLK Day event,” Thorpe said. “As I’ve listened to some folks quote Dr. King…that person has never listened to Dr. King’s speech because he’s taken so out of context. This is a man who is more complex than ‘I Have a Dream’.”

A video of the civil rights leader’s 17-minute speech in August 1963 during the March on Washington for Jobs and Freedom was then broadcast followed by remarks from Dr. Lamont Francies, Senior Pastor of Delta Bay Church in Antioch, and a poem entitled “What if” by Jose Cordon who Thorpe appointed last year at the city’s poet laureate.

Thorpe Asks Forgiveness for His Past Behavior

Mayor Lamar Thorpe, who had his right arm in a sling during the meeting, then publicly apologized for his behavior, last year.

“If I have embarrassed this city…I ask your forgiveness,” Thorpe stated.

But he then said, “I want to challenge you, myself because you all aren’t perfect so there should be no finger pointing.”

An effort to ask the mayor why his arm is in a sling was unsuccessful prior to publication time.

Later, during his Mayor’s Comments, Thorpe said, “We wasted so much time, last year beating each other up. Rather than recall me help me in getting people housed.”

Commission Appointments

The council then moved up Items 7 and 8 on the agenda for the appointments of Antwon Webster to the Board of Administrative Appeals and Dorothy Ellis to the Parks and Recreation Commission, both on 5-0 votes.

Honors & Proclamations

The council then honored resident Autrey James who was selected the 2022-23 Antioch Lifetime Veteran of the Year and proclaimed Friday, Jan. 27, 2023 as Grace Bible Fellowship of Antioch Day.  (See related article)  Autrey James Antioch Lifetime Veteran of the Year 2022-23

Approves $1M for Small Business Grants

During the Consent Calendar portion of the meeting, the council authorized the Economic Development Director to disburse American Rescue Plan Act (ARPA) funds up to $500,000 for Small Business Grants and up to $500,000 for Façade Upgrade Grants. City of Antioch Small Business Programs ACC 012423

According to the city staff report, “The City of Antioch is partnering with FORWARD to support eligible small businesses in Antioch. FORWARD is a platform that helps public agencies administer programs through an online portal. FORWARD’s scope of work includes marketing/outreach, an application intake portal, application processing, fraud protection, email, chat, and call center support, and data reporting.

The Small Business Grant program will provide grant payments ranging from $5,000 to $15,000 for eligible small businesses that experienced a negative financial impact due to the COVID-19 Pandemic. The Façade Upgrade Program will provide reimbursement grants ranging from $5,000 to $25,000 for eligible small businesses that have experienced a negative financial impact from the COVID-19 Pandemic.”

Application intake for both programs will begin February 1, 2023.

Approve Another Cannabis Business on Split Vote

The council on a 3-2 vote approved the cannabis operating agreement for Natural Supplements, Inc. According to the city staff report, the business which already holds a Cannabis Business Use Permit approved by the council last February, will be located at 2100-2300 Wilbur Avenue and include construction of two buildings, of 11,200 and 19,500 square feet. Approval of the operating agreement will result in increased revenue to the City and the social equity program supported by the operating agreement from Natural Supplements’ business. The proposed recipient of the social equity program is Rubicon, which has several locations in the county, including one in Antioch.

“I would like to see the list of the non-profits we are going to include in the equity program,” Ogorchock said. “There’s some of them the list that I’d like to see come back.”

“I’ve been on the Cannabis Standing Committee for the past two years,” Torres-Walker stated. “I was disappointed there wasn’t more of a public process to select the equity partners. There was a commitment to have a public process, but that process has not begun.”

She explained that the intent of the funds are, “to clean up around the impact…of cannabis as a result of the War on Drugs and the criminalization of cannabis…to Black and brown communities.”

“There is no requirement to report back to this council or anyone else the impact of the funds,” she continued. “I know that Rubicon does that in the community. But I’m concerned a lot of these organizations don’t have to report.”

“Moving forward I hope the community can attend these standing committees and…have your voice heard,” Torres-Walker added.

“In our original cannabis policy, the requirement was if social equity was the avenue we were going to take, the applicant was responsible for finding the equity partner,” Thorpe shared. “Because we don’t have the capacity at the city to support a social equity program.”

“There is an annual review of all these equity programs by the city attorney,” he added.

“I understand what you’re saying, mayor and I’m clear the public doesn’t understand the process,” Torres-Walker responded. “I’m just saying it’s not just the city attorney to see the outcomes of these funds. It’s the public’s right to see the outcomes. If we just let a dispensary roll in here, not knowing the make up of the community, not knowing the needs of the community…come back to us and let us know who you want to support. I’m looking forward to having those conversations in the standing committee.”

“The operating agreement is reviewed by the standing committee and by the council,” Thorpe said. “If you don’t agree…there isn’t just a stamp here. We vote to approve. There are several review processes in this review process, now.”

The motion was then approved on a 3-2 vote with Ogorchock and Barbanica voting against.

Barbanica Announces His Standby Councilmembers

Because he was absent from the special Friday meeting on Jan. 13th at which the other four council members announced their standby council members, Barbanica announced the three Antioch residents he’s chosen to stand in for him in case of his incapacity or death during a state of emergency. He appointed William Barbanica, II, Benjamin McCurdy and Michael Schneider.

Thorpe Challenged During General Public Comments

Antioch resident and homeless advocate Andrew Becker spoke during general public comments challenging the mayor and council for holding the special meeting on Friday, January 13 and including items from the previously scheduled, regular meeting on Tuesday, Jan. 10 which was adjourned. (See related articles here, here and here)

He said that an adjourned meeting requires the agenda items be placed on a regular council meeting agenda, not a special meeting agenda.

“You, Mr. Mayor referenced that previous meeting that the packet had been out since Thursday,” Becker stated. “You had the time to go on Facebook and post that the meeting had been cancelled completely outside the process.”

He spoke of the fact during the consent calendar of the special meeting, another “$120,000 was allocated to Focus Strategies for an unhoused resident coordinator.”

“They don’t answer my calls. I’m a non-profit that’s trying to build housing in this community,” Becker complained. “Public comments before you vote on that consent calendar item, I was stripped of.”

“Where were you 30 minutes before that meeting, Mr. Mayor,” Becker asked Thorpe. “Tell the community why you can’t make it to a regularly scheduled meeting. This is serious work and I do make public comments.”

Thorpe then suspended the meeting for a five-minute break.

Later, during general public comments at the end of the meeting, Becker continued his concerns with Thorpe saying, “That Brown Act actually specifically requires a speaker does not have to fill out a speaker’s card. So, there are processes that were created here. Those speaker cards have been here for a long time. I’ve worked very hard to be professional and understanding. But when my right…is denied…I’m very frustrated because you…think you have the right to say I have to fill out another card, just like you think you have the right to cancel a meeting.”

“You work very hard to rein public comments in,” he continued. “I’ve never seen a mayor work so hard to rein public comments in. How many times have I reached out to you? I reached out to you…you laughed at me. You talk about the homeless people out on the streets after the storms. Yeah, because they were moved out of creek areas and waterways.”

“If you want to control comments you have the responsibility to do it properly,” Becker added before his three minutes were up.

Adopts East Lone Tree Specific Plan amendments

By Allen D. Payton

During their meeting on Tuesday, Jan. 24, 2023, the Antioch City Council approved for 2023-2031 resolutions and ordinances related to the 663-page 6th Cycle Housing Element Update. They include the Regional Housing Needs Assessment (RHNA), Amendments to the East Lone Tree Specific Plan and the Multi-Family Residential Objective Design Standards. Antioch 2023-31 Housing Element Update Sections 1-8    Antioch 2023-31 Housing Element Update Adppendix A    Antioch 2023-31 Housing Element Update Adppendix B  Antioch 2023-31 Housing Element Update Adppendices C-F

The RHNA is a requirement of state housing law and is a process that determines projected and existing housing need for all jurisdictions (city or unincorporated county) in California. The latest plan requires the city to approve a total of 3,016 new housing units in four categories from 2023 to 2031. They include 792 Very Low-Income Units, 456 Low-Income Units, 493 Moderate-Income Units and 1,275 Above Moderate-Income Units. However, the city’s plans already include more than enough of each type of units for a total of 4,881 units of 62% more than required. Those include housing units already approved and in the “pipeline”, projected Accessory Dwelling Units (ADU’s) which are small housing units on the property of existing residences, sometimes referred to as “in-law units”; pending units and future multi-family development.

“This is a pretty important element of the city. We do this every eight years,” Thorpe explained.

“This is a state required policy, addressing housing, specifically…where we want to see housing,” Planning Manager Ann Hersch said. “There is no development being proposed at this time. This is a change on paper. It’s really policy changes at this time.”

“The first time…it was more equitable in how they dispersed the housing development in the Bay Area,” Thorpe said. “While other cities like San Mateo fought it and got all the businesses, we were stuck with all the housing and the problems. So, this is an important policy that for the first time is equitable throughout the Bay Area.”

“Just because we rezone something it doesn’t mean there’s going to be housing on it,” he continued. “It depends on the property owner. There are certain shopping plazas in Antioch that will be rezoned to accommodate housing. We are changing those rules to accommodate state law. Their process will be more streamlined than others do.”

“Those are the kinds of changes that we may implement, today. Some of it we just can’t get around,” Thorpe added.

Most of the residents who spoke during public comments on the item live in the Viera Avenue neighborhood off E. 18th Street who are concerned about increasing density and adding more housing in their part of town, which has been more rural, and not wanting the nearby vineyards from being developed.

Adopt East Lone Tree Specific Plan Amendments

Formerly known as Future Urban Area #2 or FUA-2 and adopted as the East Lone Tree Specific Plan area by the city council in 1996, consists of approximately 200 acres of land at Laurel Road and Highway 4, set aside for employment and commercial development. It includes the housing on the west side of Highway 4 north of Lone Tree Way and the Slatten Ranch Shopping Center. The council approved amendments to the plan for the employment and commercial phase on the north and east side of the freeway. In that portion of the plan, Slatten Ranch Road will be extended from J.C. Penney and from the Antioch BART Station to Laurel Road.  East Lone Tree Specific Plan ACC012423

Council Discussion

Regarding “Community engagement. Did we do enough of it?” Wilson asked.

“We had two public workshops. We also had planning commission meetings and the council meeting in June. We also had an online survey up.,” Hersch responded.

“Did we do these community meetings at different times?” Wilson pressed further.

“Those were both Wednesday evenings. There were also Spanish-language workshops,” Hersch said.

“We have to do better with this outreach,” Wilson said. “If I lived in a neighborhood and I saw my house highlighted I’d be a little freaked out, too.”

“How are we supporting special needs, now and propose supporting them in the future,” Wilson asked.

“Housing is shared between the Community Development Department. But the administration of programs will be handled in the new Public Safety and Community Services Department,” Community Development Director Forrest Ebbs explained.

All Six Resolutions Approved on 4-1 Votes

Ogorchock then moved approval of the six resolutions, and the council voted on each of them separately. They all passed on 4-1 votes with Barbanica voting against.

“The rezoning creates opportunities for residential development,” Ebbs explained about the property in the Viera Avenue neighborhood.

“What’s happening today is because of state law,” Thorpe added.

Following the meeting Barbanica was asked why he voted against each of the housing element update resolutions.

“Overall, this was going to pass, and I assumed that going into this,” he said. “I’m not anti-development. But I’m for smart development. When you take some of these people in the Viera Avenue area who didn’t want to be inside the city. Now, in the next housing update they’re looking at having their property rezoned, and facing potential development around their land, someone needs to listen to these folks.”

“

Following approval of contracts last fall and second survey of nearby cities

“It will cost the city $487,000 more in pay, not including benefits…for just these 12 individuals,” – Mark Haddock

By Allen D. Payton

After a lengthy discussion during their meeting, Tuesday, Jan. 24, 2023, the city council voted 4-1 to table the proposed department head salary adjustments. During her staff report City of Antioch Human Resources Director Ana Cortez said a 2022 salary survey showed for the city’s department heads, there was a difference of as much as $3,000 per month between their salaries ranging from $15,545 to $18,896 per month. Also, lower-level staff members are being paid more than the department heads, she shared.

“No one will be taking a pay cut,” Cortez added about the proposal.

During public comments Mark Haddock said, “A comparison of 11 neighboring cities shows some department heads are getting paid less would have an increase and those being paid more would remain the same.”

“The HR Director in 2021 in Step E would be making $161,000 per year. A new salary became $180,000 per year. This new proposal would have Step E, at $228,000 a $48,000 increase,” Haddock stated.

“It will cost the city $487,000 more in pay, not including benefits…for just these 12 individuals,” he said.

During council discussion of the item District 2 Councilman Mike Barbanica asked Cortez, “the survey we’re using for directors, currently, is that the same survey used during contract negotiations?”

No. That was a different…it was done more of a compensation survey,” Cortez responded. “I was looking at what other cities are doing…of having one salary range for all department heads.”

“We didn’t use that same survey or cities for this one…that’s what has me concerned,” Barbanica said. “Three months later we’re increasing the pay for department heads. That’s why I’m not for this.”

“We negotiated in good faith with all the bargaining units,” Ogorchock stated. “I also feel that in this package we’re not looking at the benefits. Our employees may be getting quite a bit more in benefits than these other cities. When I spoke with Brentwood, today this was the case. If we’re not comparing apples to apples…I’m going to stand by what we did several months ago.”

“Why wasn’t this discussed when we were going through contract negotiations?” Wilson asked.

“She wasn’t there,” Thorpe responded referring to Cortez.

“I was tasked with looking at salaries,” Cortez said.

“The reason that came was we gave direction to do that,” Thorpe said. “We asked them to do that.”

“I don’t recall us asking for a new survey,” Barbanica stated.

“You’re right,” Thorpe said. “I think what we ended up doing was a desk audit. Because people felt their pay was unfair and inequitable. Some of our department heads who have been here the longest were getting paid less than others who came, yesterday. Some of our department heads are women” and mentioned “the discrepancies particularly around gender.”

“I see both sides of the coin. We went through negotiations, and this should have been part of it. I’m seeing salaries that are not in line,” District 4 Councilwoman Monica Wilson said.

Ogorchock moved to table the item. Wilson seconded the motion.

Barbanica then said, “I’d rather this item just die and go away and come back the right way,” and offered a substitute motion.

“It doesn’t have all of our employees working off of one survey, we closed those negotiations. Send this back to staff and come back to us with a study or a proposal that is the same cities we asked all the employees to use,” he stated.

Thorpe seconded the motion.

If we do that, we’re still renegotiating with directors. Are we going to go back and renegotiate with all the MOU’s?” Ogorchock asked. “If we do this, we’re showing bad faith with all the other city employees. I understand there’s disparities. I think when we did the negotiations that’s when it should be discussed.”

“When was the close of the last directors’ negotiation?” Barbanica asked.

“It started with negotiations,” Thorpe said. “We negotiated in good faith. It’s taken this long to get up here.”

“I just didn’t know we would be using a different survey. I just want to stick to the same survey,” Barbanica stated. “We should be looking at this into the future. I just don’t like the study that was done.”

“I can go back and take a look. The salary survey done back then is outdated,” Cortez stated. “It was looking at one salary range. If I go back…it would not be comparing the same thing…of what I’m going to be comparing. Not all the agencies I surveyed had one salary range.”

“Our ask is to go back and look at those cities and see where they’re at,” Thorpe said.

“It can’t be that outdated we just closed with these groups a couple months ago,” Barbanica stated.

“Why would upper management sign the MOU, then?” Ogorchock asked.

“It was my understanding they believed they were going to look at the compaction,” Barbanica responded.

“I don’t recall that,” Ogorchock said.

“They looked at several positions,” Thorpe said. “We did a whole bunch of them. It’s not a mysterious thing.”

“I’m just trying to get clarification,” Mayor Pro Tem Tamisha Torres-Walker said. “Some people were not happy. Now, we’re here to discuss what was reviewed through that process. Management is hoping to come back. We had a salary survey done…now, we want them to go back and do another survey using the same salary survey and same salaries we already used.”

“If you don’t support it, if you don’t feel comfortable,” vote against it she urged her colleagues.

“Did you meet and confer with management on this?” Thorpe asked.

City Clerk Ellie Householder announced, “Ana Cortez nodded her head in response to the mayor’s question.”

Todd Northam an employee with the City’s Public Works Department then spoke on the motion mentioning, “The ‘me too’ clause that management had.”

“As far as I’m concerned, they’re locked in and bound,” he said. “Those at the bottom are the ones who are hurting. Those one-percenters at the top it means another pair of Guccis. You need to do the right thing for Antioch.”
Barbanica then said, “based on that comment I withdraw my substitute motion.”

“Then we go back to the original motion to table,” Thorpe said.

The motion to table passed on a 4-1 vote with Torres-Walker voting no.

 

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.