Antioch population grows from 102,372 in 2010 to 115,580 in 2020

By Allen Payton

During their meeting, Tuesday night, Oct. 12, 2021, the Antioch City Council will consider approving two more areas for cannabis business overlay districts, including historic, downtown Rivertown and the Somersville Road area. If approved only retail cannabis businesses would be allowed in the new areas. The regular meeting begins at 7:00 p.m. Cannabis Business Areas ACC101221

In addition, during a special meeting/study session at 5:30 p.m., the council will consider and discuss the criteria, data and process for redrawing the four council districts based on the 2020 Census population figures. The current districts are based on the 2010 Census. Since then, the city has grown from a population of 102,372 to 115,580. That results in the ideal population of 28,895 residents per district with a +/-5% allowed deviation or +/-1,545 people per district. Council Redistricting Study Session ACC101221

The City has hired the same consultant, Karin Mac Donald of Q2 Data & Research who assisted with the 2018 council district formation, as well as the state’s redistricting processes in both 2011 and this year.

Viewing

Members of the public can watch the meeting at https://www.antiochca.gov/live_stream, on Comcast Channel 24, or AT&T U-Verse Channel 99.

Public Comments

Members of the public wishing to provide public comment may do so one of the following ways (#2 pertains to the Zoom Webinar):

1. Fill out an online speaker card by 3:00 p.m. the day of the Council Meeting located at: https://www.antiochca.gov/speaker_card.

2. Provide oral public comments during the meeting by clicking 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.

3. Email comments to cityclerk@ci.antioch.ca.us by 3:00 p.m. the day of the Council Meeting. The comment will be read into the record at the meeting (350 words maximum, up to 3 minutes, at the discretion of the Mayor). IMPORTANT: Identify the agenda item in the subject line of your email if the comment is for Announcement of Community Events, Public Comment, or a specific Agenda Item number. No one may speak more than once on an agenda item or during “Public Comments”.

All emails received by 3:00 p.m. the day of the Council Meeting will be entered into the record

for the meeting.

Speakers will be notified shortly before they are called to speak.

 

“…the first initial communication from the city attorney’s office to the full Council notifying us all that the chief had it [sic] in fact interfered in the outcome of at least one or two of the final findings.” – Councilwoman Torres-Walker

City staff has called for a new investigation due to a recently discovered impropriety and to avoid unfairness

Resident claims city attorney email to “city leaders” was “released” and she read it

Staff, other council members and Brooks can’t or won’t answer questions about allegations against him

By Allen Payton

In announcing her resignation as chair of the Antioch City Council’s Police Oversight Standing Committee on Tuesday, District 1 Councilwoman Tamisha Torres-Walker claimed that former Police Chief Tammany Brooks “took the liberty to modify the report” of the outside investigation of the incident involving police officers, her sons and her last December. They were riding an ATV and dirt bike illegally on city streets. Her younger son was stopped, but the older one drove off, went home and returned with the councilwoman. (See related articles here and here)

She demanded an independent investigation of the incident, making several accusations against the officers. The executive summary of the report from the investigator showed all Torres-Walker’s claims were either unfounded or not sustained. (See related article)

However, last Friday, Oct. 2nd, the City of Antioch announced that a second independent attorney will be hired to investigate her complaint due to “recent evidence” and to avoid “impropriety”. (See related article)

In a portion of the Tuesday announcement on her official Facebook page, Torres-Walker wrote: “Mr. Brooks received an impartial independent investigation report, and he took the liberty to modify that report. It’s this type of abuse of authority that must be called out which and [sic] fans the flames of tension in our community.”

Claims City Attorney Informed All Council Members of Brooks’ Interference in Investigation

In an email late Wednesday night, Councilwoman Torres-Walker was asked, how do you know the details of what happened with the first investigation and reasons for the need for a second? Was that information shared with you by city staff? Was it Ron Bernal, Thomas Lloyd Smith or someone in the Antioch Police Department? Was it shared in closed session with all council members since it’s a personnel matter? Also, were you given a copy of the complete report from the first investigation?

She responded Thursday morning, writing, “First, I had decided to step down as chair long before my colleagues made the request given what I know regarding Chief Brooks’ interference in the first investigation.

No, I was not allowed in closed session to be debriefed on all the details of how Chief Brooks interfered, but I was involved in the first initial communication from the city attorney’s office to the full Council notifying us all that the chief had it [sic] in fact interfered in the outcome of at least one or two of the final findings.

I never requested a second investigation I think it is a waste of city dollars. What I would like and what I wanted was the original report to be released so that we could move on.”

Questions for City Staff, Brooks

In an email sent late Wednesday night, City Manager Ron Bernal, City Attorney Thomas Lloyd Smith, Acting Police Chief Tony Morefield and Chief Tammany Brooks (who is still in his position through Saturday) were asked the following: Is what she wrote (in her resignation announcement) correct? Is that the impropriety that occurred that was recently discovered and the basis for the call for a second outside investigation?

If so, how does she know the details of what happened with the first investigation and reasons for the need for a second? Was that info only shared with her, or all council members?

Was it shared in closed session since it’s a personnel matter? If so, did the councilwoman violate closed session regulations by revealing it publicly?

Also, was she given a copy of the complete report from the first investigation? If what she wrote isn’t correct, can you please clarify for the public and respond to what the councilwoman wrote?

No Response from Staff, Questions Resent, Council Members CC’d

No response had been received as of 6:00 p.m. Thursday. The questions were then resent to the same individuals, as well as all five council members. The following additional questions were also asked: Did Chief Brooks modify the report from the investigation of her complaint, as she claimed? Is that what the impropriety was, and unfairness referred to in the press release about the need for a second investigation? If not, what was it?

Ogorchock responded Thursday night with, simply, “I’m not at liberty to say at this time.”

More Questions for Staff, Council

Torres-Walker’s response and the following, related questions were sent to the same staff members and all five council members Thursday night: Is that true that Attorney Smith said that to the council about Chief Brooks? If so, when was Chief Brooks informed of the allegations against him, and was he given an opportunity to respond and share his perspective with the council members?

Did Chief Brooks consult with Attorney Smith prior to responding to the draft or preliminary report of the investigation?

Two Council Members Respond But Can’t Comment

In response, District 3 Councilwoman Lori Ogorchock said, “It’s a personnel matter, so I can’t comment.”

“I can’t comment on any of that, as it’s a personnel issue and with confidentiality at stake, I can’t comment,” District 2 Councilman Barbanica also said in response.

Resident Claims She’s Read Email from City Attorney to Council Members

A comment was made by Antioch resident Lacey Brown (aka Ferguson on Facebook) on Torres-Walker’s official council page on Tuesday, below the post about the councilwoman’s resignation as chair of the Police Oversight Standing Committee. In response to the question in another comment, “How do you know Chief interfered with the investigation?” Brown/Ferguson claims “the email from the city attorney telling city leaders verbatim was released and I read it.”

That information, a screenshot of the conversation and additional questions were then emailed to city staff and council members, including: what email is she referring to, an email from Attorney Smith to the council members? To whom was it released? Who shared it with Ms. Brown/Ferguson for her to read?

Attempts to reach Brown asking her what email from the City Attorney has been released, where, to whom and how did she receive that email, were unsuccessful prior to publication.

As of Friday, Oct. 8 at 3:00 p.m. no one on city staff, Mayor Thorpe, Mayor Pro Tem Wilson nor Brooks had responded.

Please check back later for any updates to this report.

Announces on Facebook, claims “negative and retaliatory behaviors from APD.” No details from police, yet. Expected soon.

By Allen Payton

Under pressure from her fellow council members who voted to appoint her as chair of their Police Oversight Standing Committee, Antioch District 1 Councilwoman Tamisha Torres-Walker announced her resignation from the position. It was in response to the police incident at her home Friday night/early Saturday morning following noise complaints from neighbors that included loud music, dirt bikes in the street and gunshots. (See related article)

In a post on her official Facebook page on Tuesday afternoon, the councilwoman agreed to step down, but not resign from the committee completely, as District 3 Councilwoman Lori Ogorchock is calling for, nor from the council as District 2 Councilman Mike Barbanica and Economic Development Commission Chair Tim McCall are calling for.

Torres-Walker wrote: “After much thought and reflection, I have decided to step down as Chair of the Antioch Police Oversight Committee. I feel this decision is best so that I can continue to provide leadership in spaces where I’m most impactful, advocating for reform while continuing to be a voice for the most vulnerable of our society. In addition, this is necessary for the well-being and safety of my family.

Unfortunately, my work on the committee has become adversarial with the APD, resulting in negative and retaliatory behaviors from APD. My response to these behaviors has been one of self-protection in my personal life, which I understand may be viewed as uncivil. These interactions stem from deeper unspoken issues and erode the public’s trust, such as the most recent actions by former police chief Tammany Brooks. Mr. Brooks received an impartial independent investigation report, and he took the liberty to modify that report. It’s this type of abuse of authority that must be called out which and fans the flames of tension in our community. The work of the Oversight Committee is far too important to the future of Antioch, those who seek justice, and true community policing. I do not, in any way, want my presence as chair to create the perception that the work of the committee is not being led in an objective manner.

Throughout my life, I have dedicated myself to serving the community and ensuring that marginalized communities are not exploited by systems that have been built precisely with that in mind. As a first-time elected official, I recognize that I have made errors in my delivery and that my transition to the decorum and structure of the seat I hold has not been conventional. I know I have made mistakes.

I pledge to continue growing and learning and to never lose the passion I have for my community.

Thank you, Antioch.”

Police and City Response

To date, the Antioch Police Department has not issued a statement or press release about the incident. Questions were sent to Acting Chief Tony Morefield and City Attorney Thomas L. Smith, including when will a press release be issued about this very serious incident? Also, how soon can the police body and dash cam videos be released? I know it’s new technology for our city, but how quickly can that happen?

In addition, a Public Records Act request for the body and dash cam videos of the incident was made on Monday.

Captain Trevor Schnitzius responded, “This is an open and ongoing criminal investigation. We do not have additional information to release at this time. With respect to your PRA, that is being evaluated for any items that may be available for release pursuant PRA. You should receive correspondence regarding your PRA request in accordance with established timelines as outlined in PRA legislation.”

The city has 10 days to release the videos and up to an additional 14 days, if deemed necessary. Ogorchock has asked that the “footage be released as soon as possible”.

In addition, City Manager Ron Bernal responded that he would discuss the matter with the city’s public information officer, Rolando Bonilla, by their 4:00 p.m. meeting, Wednesday afternoon.

Torres-Walker Offers Additional Comment

In a Thursday morning email Torres-Walker offered an additional comment about her resignation, writing, “I had decided to step down as chair long before my colleagues made the request given what I know regarding Chief Brooks interference in the first investigation.”

Second incident between Torres-Walker and police in less than a year

“This is an embarrassment to the city, again. Enough is enough.” – Councilman Barbanica

By Allen Payton

According to reports, police were dispatched to District 1 Antioch Councilwoman Tamisha Torres-Walker’s home shortly after midnight Saturday night, following calls to APD of noise complaints including dirt bikes riding in the street, loud music and gunshots. When officers arrived multiple shell casings were found in front of her home, she emerged from the house, appeared intoxicated, confronted and berated the officers, and interfered in their investigation, including taking the papers of a woman to whom they were speaking to at the scene, from one of the officer’s hand.

In response, Mayor Lamar Thorpe and Mayor Pro Tem Monica Wilson are calling for her resignation as chair of the Antioch Police Oversight Standing Committee, while District 2 Councilman Mike Barbanica and Antioch Economic Development Commission Chair Tim McCall are calling for Torres-Walker to resign from the council. District 3 Councilwoman Lori Ogorchock is taking it further than Thorpe and Wilson, but not as far as Barbanica and McCall, by calling for Torres-Walker’s complete removal from all council appointed committees. She has also asked that the police body cam video “footage be released as soon as possible.”

Thorpe issued the following statement, posted on his official Facebook page, Monday afternoon:

“I have been briefed about a recent incident over the weekend involving the Antioch Police Department and Councilmember Torres-Walker. As the mayor of the city of Antioch, I am requesting that Councilmember Torres-Walker immediately step down from her role as the chair of the Antioch Police Oversight Committee.

As elected officials, we do not have to always agree on issues, but we must always agree on the fact that we must set an example for the rest of the city and treat our public employees with respect and dignity for their contributions to our community.”

In a post on her official Facebook page, Monday night, Wilson simply wrote, “Given recent events, it is in the best interest of our city that Councilwoman Torres-Walker step aside in her role as Chair of the Police Oversight Committee.”

Barbanica posted on his official Facebook page more extensive remarks on Monday night.

“This afternoon, I started receiving calls about this weekend’s incident with Council Member Torres-Walker. At 12:46 I began to reach out to Council Member Torres-Walker and asked her to meet in person. This was so I could ask her to immediately resign from the Antioch City Council. I did want her to hear it directly from me. She told me that she could meet me Wednesday, but I requested that it happen today, even if by phone. She told me that she would call and I didn’t hear from her, later stating that we could possibly meet after 5 PM. At 4:38 PM Council Member Torres-Walker did not respond to my request to again meet in person.

I requested to meet with Chief Morefield. He confirmed that there was an active investigation, but details were limited because the PD is investigating this as a shooting. I did confirm that multiple body cameras were active as officers were on scene.

I spoke with the press at 4:53 PM and told them that I am calling for her immediate resignation from the City Council. I also am calling for the APD to release the body cam footage as soon as possible. Total transparency was the reason many of us supported these cameras. We do not need the city dragged through another year of this.”

When reached later for additional comment, the councilman said, “this is an embarrassment to the city, again. Enough is enough. We’re coming up on a year of her previous incident.” Barbanica was referring to the incident, last December, between Antioch police officers, Torres-Walker and her two sons who were illegally riding off road vehicles on city streets. (See related articles here, here, here, here and here)

“This is not conduct becoming of a city council member. It is my belief she should not put the city through this, again. She should do the right thing and resign her position,” he reiterated.

McCall wrote Monday evening, “As chairman of the Antioch Economic Development Commission, I am calling for the resignation of City Council Member Torres-Walker.  Her multiple displays of poor judgement in the City of Antioch is negatively affecting the City’s ability to attract and retain businesses which supply jobs and goods to our residents and community. In addition, I am calling on Mayor Thorpe to remove Torres-Walker from the police oversight committee.”

10/05/21 UPDATE: When reached for comment Tuesday morning, District 3 Councilwoman Lori Ogorchock shared a statement she issued on Monday calling for Torres-Walker to step down completely from the Police Oversight Standing Committee, as well as all council-appointed committees.

“Due to recent events over the weekend at Councilmember Torres-Walker’s home, I believe it is in the best interest of the city that she immediately, step down from the Police Oversight Standing Committee and all council-appointed committees she has been appointed to. I would also ask that she be censured at this time until the on-going investigation is completed.

We as council have to hold ourselves to a higher standard and not degrade or be verbally abusive to our police officers. No city employee should be treated in such a manner.

This incident should not overshadow the good work by our Antioch Police Department, nor the progress being made throughout the City of Antioch.”

In addition, in a post on her official Facebook page on Tuesday, Ogorchock wrote, “For those of you who are asking the City Council to remove Councilmember Torres-Walker as a Councilmember, we cannot do that. She is an elected official, District 1 voted her into office, we do not have the power to remove her. We as council can have her released from the committees/commissions she’s part of and this should be on council’s upcoming agenda.

We all want to see the video footage from the body cams, but this is part of the APD’s investigation. I have asked that that footage be released as soon as possible.”

Efforts to reach Torres-Walker for comment, via text and email Monday evening, were unsuccessful prior to publication time, and no comment has been posted on either her official or personal Facebook pages about the incident.

A call was made to the APD Media line for more information Monday afternoon, and an email was sent to both Acting Chief Morefield and City Attorney Smith requesting more details, as well as a public records act request for copies of the police body and dash cam footage of the incident, after work hours.

In a Wednesday email, Captain Trevor Schnitzius responded, “This is an open and ongoing criminal investigation.  We do not have additional information to release at this time.  With respect to your PRA, that is being evaluated for any items that may be available for release pursuant PRA.  You should receive correspondence regarding your PRA request in accordance with established timelines as outlined in PRA legislation.”

10/12/21 UPDATE: In an email received on Tuesday, Oct. 12, 2021, Police Records Supervisor Lynn Dansie wrote, “The Antioch Police Department is in receipt of your recent Public Records Act request for body camera footage and dash camera footage of a recent incident that resulted in case #21-8418, involving a local Councilwoman.  Because this is an active investigation and still considered to be an open case, the records that may be responsive to your request are being denied for release under GC 6254(f), GC 6254(k) and GC 6255(a), at this time.”

Incident Details

In addition, Dansie wrote, “A press release is not planned to be released.  As described in GC 6254(f)(2), the following details regarding the call, are available.  Officers responded to the 500 block of Gary Ave on October 3, 2021 at 0027 hours, for a report of a loud party and shots heard, in the area.  There were no victims, no injuries, and no property loss determined at the time of officers’ arrival.  As mentioned, this is an open and continuing investigation at this time.”

Of December incident with her sons and her; no details offered on the recent evidence or any impropriety in first investigation; “I have reviewed the information in question and I’m in full support of this” – Councilman Barbanica, calls for full refund from first investigation

By Allen Payton

The City of Antioch announced that a second independent attorney will be hired to investigate the complaint by District 1 Councilwoman Tamisha Torres-Walker against two Antioch Police officers for the incident involving her two sons riding dirt bikes illegally on city streets, due to “recent evidence” and to avoid “impropriety”. (See related articles here, here and here)

The first investigation conducted by attorney and company partner, Vida Thomas of the law firm Oppenheimer Investigations Group at a cost of almost $45,000 to the city, resulted in all of Torres-Walker’s claims in her complaint to be unfounded or not sustained. (See related articles here and here)

The councilwoman was not part of the decision for a second investigation, according to the city’s Public Information Officer, Rolando Bonilla.

In a press release issued Friday evening, he wrote, “Due to recent evidence brought to the City’s attention concerning an ongoing administrative investigation of a complaint brought by Tamisha Torres-Walker, and for the purpose of ensuring the City’s investigation into this matter is independent and free of even the appearance of impropriety, the City has decided to retain an alternative independent counsel to conduct further review of this matter.  In the interest of fairness to all involved parties, the City appreciates the patience of the parties and the public as the investigative process continues.  Due to the sensitive nature of the investigation and the privacy rights of those involved, the City cannot comment or provide additional information relating to this matter.  The City is taking these necessary steps to ensure that this matter is properly handled through a truly independent and thorough review of the circumstances.”

Asked “who will be the one to decide which outside investigator will be hired? The councilwoman?” Bonilla responded, “Councilmember Torres- Walker was not in the room when decision made, and she learned of decision the same way you did today.”

When asked what is the “recent evidence, was the investigator from Oppenheimer compromised, was there a conflict of interest between her or the company and either Chief Brooks or members of the APD, and what was the “impropriety” referred to in the press release, Bonilla did not respond.

Torres-Walker was asked, “do you have any comment you would like to add to this that you want the public to know? When were you informed of this?” and “were you part of the decision to hire a separate independent counsel to investigate your complaint?”

In addition, questions were sent to former Police Chief Tammany Brooks, whose last day was Thursday, Sept. 23, asking for comment and, “have you seen this press release and are you aware of the recent evidence and the accusation of impropriety with the outside investigation of Councilwoman Torres-Walker’s complaint?”

Acting Chief Tony Morefield was asked the same questions, Saturday morning.

The councilwoman, two police chiefs and Bonilla did not respond before publication time.

UPDATE: District 2 Councilman Mike Barbanica weighed in on the matter, Saturday afternoon.

“This is a personnel matter so, there are a lot of things I can’t comment on. But what I can say is I have reviewed the information in question and I’m in full support of this. I will tell you Councilwoman Torres-Walker had absolutely nothing to do with. I’ve dealt with several outside investigations during my time as a police administrator, and I’ve sent a message to city staff asking them to demand all of our money refunded from the previous investigation.”

“I do not in any way support her video rant, the way she spoke against the police department shown in her video. I’m not excusing anything she did it. I feel it was not becoming of a council member,” he added. “But I believe in due process, and this is the course of action for anyone.”

Please check back later for any updates to this report.

By Allen Payton

During their discussion of forming a commission on homelessness, the Antioch City Council was split on when to do so. Proposed by District 1 Councilwoman Tamisha Torres-Walker, both District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock wanted to wait until after the Bridge Housing Task Force is done with its reasons.

Although Torres-Walker said she had proposed a task force, she argued in favor of forming a permanent commission to deal with both homelessness and renters, saying the issue is on-going.

“It can become concurrent with the phasing out of our Bridge Housing Task Force,” said Mayor Lamar Thorpe, offering a compromise to Barbanica and Ogorchock.

He then joined Torres-Walker and Mayor Pro Tem Monica Wilson in supporting the formation of the commission.

There was no formal vote to form the commission, yet but merely direction to staff that the council wants to form one. Council will still need to decide the number of members on the commission and the proposed purpose and duties of the commission.

A vote to form the commission will be brought back by staff at a future council meeting.

General Public Comments

At the end of the meeting, during general public comments for items not on the agenda, Angelo Quinto’s mother and father, Cassandra Quinto and her husband Robert Collins, called for a third-party investigation of the Antioch Police Department. She claims there was a cover-up regarding the reports by the four officers, whom she named, that interacted with her son last December, after which he ended up in the hospital, where he died three days later.

Regarding Angelo Quinto’s death, the Contra Costa County Coroner’s Office stated, “Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.”

“I will never be silent. I will forever be Angelo’s voice,” his mother added.

Torres-Walker switches vote from August meeting

Could result in price increases for restaurants, residences; follows lead of Brentwood council

“We believe there are legal protections in place that prevent an arbitrary and immediate shutdown” – CRC spokesman. “The pressures are 50% below the allowable pressures.”

By Allen Payton

What was expected to be a non-controversial matter, turned into a denial on a 2-3 split vote by the Antioch City Council for the extension of a franchise agreement for an existing low-pressure, natural gas pipeline that runs through the city, during their meeting on Sept. 28, 2021. The 35-mile long, 12-inch pipe carries 1.8 million cubic feet of natural gas daily which is enough to supply about 9,000 homes. The result is the city will no longer be paid the annual franchise fee of $16,871.90. Pipeline franchise agrmt extension ACC092821

“I’m appalled that it took three meetings to be here,” said Mayor Pro Tem Monica Wilson.

“We have been working with the city staff in this manner and we have been prepared to speak on it. The format for the council meetings…have not allowed for that,” a California Resources Corporation (CRC) representative explained. “This is the first time we’ve been given the opportunity to speak.”

“Still, and no disrespect, after the process you went through the City of Brentwood, I would think you would have heard the concerns from council, heard from the concerns from the public,” Wilson continued. “I would think if you went through one city, and it was voted down you would have heard from the council in the next city.”

She added, “it’s a no, for me.”

“This is gas going to restaurants,” someone interjected.

“Environmental injustices exist all around us and they impact frontline communities the most,” Torres-Walker said. “We should also acknowledge that there are dangers under our feet. Moving forward with this extension is dangerous for any community. We need a just transition away from fossil fuels and for that reason I will be voting no on this, today.”

District 3 Councilwoman Lori Ogorchock asked about the $2 million not being enough.

“The pressures are 50% below the allowable pressures,” a CRC representative explained. “This is not like San Bruno. The volumes are very low. The natural gases are from sources that are flat and declining. If you believe in a transition…this is declining.”

“We assumed this would be non-controversial to continue doing what we’re doing,” he continued. “If there’s a movement to eliminate fossil fuels in Antioch, I suggest you cut off everyone, restaurants, schools.”

“I’m very concerned but at the same time, we turn our furnaces on, we cook with it,” Barbanica said. “It heats our schools, when we go to restaurants, etc. I’m not happy about it any more than anyone else. But there is a need for it every day.”

“What refinery do they go to?” Wilson asked.

“The Chevron refinery in Richmond,” one of the presenters replied.

“Do we get mitigation for that?” Wilson asked City Manager Ron Bernal.

“This is a lease agreement. We do get compensated for it,” Mayor Lamar Thorpe responded.

“Never mind,” Wilson said.

“On August 24, council listened to staff for an initial reading…extending the term for the franchise agreement,” Thorpe explained. “That was a three-two vote. Councilwoman Wilson and I voted no. The rest voted yes. This is now the third time we’ve heard this. Staff has given us ample time to do this. So, this is where we’re at, today.”

“Thank you for that reminder, mayor and not that many people showed up that day than showed up, today,” Torres-Walker said. “I believe I made the right vote, the first time.”

Barbanica made the motion to introduce by title only for reading only, and to receive public comment for the extension of the lease franchise agreement. Ogorchock seconded.

There was no further discussion and it failed on a 2-3 vote, with Wilson, Torres-Walker and Thorpe voting no.

Brentwood Council Also Votes Down Franchise Agreement Extension

In May 2021, the Brentwood City Council, on a 2-3 voted down that city’s franchise agreement extension. According to a May 14, 2021, report by CBS BayArea the Brentwood council also denied the renewal of a lease for the same long-operating natural gas pipeline even though only a small portion of the line runs through their city.

Questions for City Staff Go Unanswered

Bernal, Attorney Smith and Antioch’s Director of Public Works John Samuelson were asked, what are the implications of the council’s decision to oppose the extension to the franchise agreement for the California Resources Corporation’s natural gas pipeline? Does that mean CRC will have to route the products through another, existing line, or build a new one around Antioch? But they did not respond.

Pipeline Owner Has Rights

In addition, CRC was asked, “What are the implications from the votes by the Antioch City Council, tonight and that of the Brentwood City Council opposing the extension of the pipeline franchise agreement? Will you have to reroute your products through another pipeline or build a new one around Brentwood and Antioch?”

“CRC meets the financial and technical requirements necessary to continue operating the pipeline,” Richard Venn, Communications Director for California Resources Corporation, responded. “We look forward to continuing to work with the city and its staff on how we can continue to provide safe, reliable and affordable energy.”

Follow-up questions were asked of Venn, “how do you get around the council’s vote, last night?” and asked, again, “when the current agreement ends, does that mean CRC can no longer pump their products in the pipeline that runs through Antioch and the same for Brentwood?” In addition, Venn was asked, “or do PUC regulations allow you to continue to do so without the franchise agreements with the cities?”

“We believe there are legal protections in place that prevent an arbitrary and immediate shutdown, and we will continue to work with the city and its staff on the best solution,” Venn responded.

No Responses from California PUC

In addition, the California Public Utilities Commission was asked similar questions, “what are the implications of those decisions?” and “Does that mean CRC will have to route the products through another, existing line, or build a new one around Antioch and Brentwood?” In addition, they were asked, “does the PUC have the authority to overrule the councils’ decisions?” But no one from the agency responded prior to publication time.

Please check back later for any updates to this report.

Acting as city council, the members will vote on the recommendation at a future council meeting; postpones other items to future meeting

“…this is a good policy, this is a reasonable policy, it is a common-sense policy,” – Chair Torres-Walker

By Allen Payton

During the Antioch Police Oversight Standing Committee meeting, consisting of all five council members, Tuesday afternoon, they voted to recommend to themselves at a future council meeting, a policy banning restraints that could cause positional asphyxia. However, before final adoption, they agreed to meet and confer with the Antioch Police Officers Association (APOA), and bring back two copies, the one adopted Tuesday and a red-lined copy with any changes that might be proposed. Proposed Positional Asphyxia Policy ACC-POSC 092821

Due to time constraints, the committee postponed discussion of the other two items on the agenda, the process for hiring a new police chief, and the department’s use of force policy. (See related article)

Policy Banning Positional Asphyxia

They received reports from Acting Police Chief Tony Morefield, with Lt. Joseph Vigil in attendance, on the proposed restraint ban policy.

“Does this interpretation in anyway prevent officers from performing their duties?” asked District 2 Councilman Mike Barbanica.

“There is language in this policy that will create complications with officers on the ground,” Morefield stated.

“Prone handcuffing is going to be…a potential issue,” Barbanica said. “That stood out to me…if the policy stays as is.”

He suggested a meet and confer with the APOA and to tighten up the language.

“We arrived at the language…allowing officers, as reasonably necessary, to use prone handcuffing,” Morefield said. “It’s always about keeping the public safe, officers safe.”

“We will meet with the POA before the final copy comes before the council,” City Attorney Thomas L. Smith said.

“How does PD develop a policy, normally?” Ogorchock asked.

“There are usually two mechanisms for developing policy. Although Lexipol offers standardized policy, all our policies are custom-made,” Morefield responded. “Lexipol provides updates. Any time there is a change in law, we will accept those updates. There’s also best practices. But is that the way we do business in Antioch?”

“When developing a policy from scratch…speaking of the bodyworn camera policy, patrol, records, investigation and dispatch, we did a nation-wide search for existing policy on the matter,” Morefield explained. “We found the best policy on that we could. We also had a representative from POA sit in on that. We adopted the best policy we could find that’s best for our agency. We run that policy against several criteria, public safety, officer safety, best practices, law and liability.”

Public Comments Get Emotional

Some public comments wanted more public input for development of the policy before it is adopted.

Comments included those by his father, mother, sister and other family members.

His father said all bodyweight restraints should be banned “unless there’s a high-level threat”. Quinto was attacking his mother at the time his sister called 9-1-1 and she said he had a hammer in his hand which she took from him.

His mother, speaking through tears during her call-in comments, said the proposed “policy is inadequate” and that if the restraints mentioned in the proposed policy had not been used “my son would still be alive.” She ended her comments crying heavily. Quinto’s sister spoke, next while the cries of her mother could be heard in the background. She agreed with the policy in general but wanted changes to it, saying that even Lexipol had challenges with some of the policies developed using their online sample policies.

They and others continued the disproven accusation against four Antioch officers that Angelo Quinto died as a result of a knee-to-kneck restraint. He died in the hospital three days after the incident. According to the coroner’s report, “a full examination of the neck revealed there was no evidence of strangulation or crushed airway” and that “there were no fractures of the skull, torso, or extremities.” Finally, the Coroner’s Office stated, “Although the decedent had injuries consistent with a struggle with his family and law enforcement, none of the injuries appeared to be fatal.”

During a March 2nd press conference, then-Antioch Police Chief Tammany Brooks said, “at one point during the handcuffing, an officer did briefly – for a few seconds – have a knee across a portion of Angelo’s shoulder blade. This is a common control technique taught at CA POST approved Police Academies for prone handcuffing.  At no point did any officer use a knee or any other body part to gain leverage or apply pressure to Angelo’s head, neck, or throat, which is outside our policy and training.” (See related article)

In addition, according to a KTVU News report, Quinto “succumbed to excited delirium and prescription drugs during the physical altercation with officers, the Contra Costa County Coroner’s Office.”

The family has filed a wrongful death suit against the four officers and the City.

Council Discussion and Vote

“I will say that given that this process has never existed in the City of Antioch, before, this is a good policy, this is a reasonable policy, it is a common-sense policy and was developed in collaboration,” Tamisha Torres-Walker said. “I’m pretty impressed at how far we’ve been able to come with this particular policy.”

Mayor Lamar Thorpe spoke next. ‘This is new for the City of Antioch so, I’m very pleased at the engagement with this council.” He called for “a real police oversight commission that is independent of the council.”

Thorpe then moved approval of the draft policy.

“I’ll second, but I have some clarifying questions,” Mayor Pro Tem Monica Wilson said.

“We all agree we need a policy on this. Although good work has been done on this, it feels like it has been rushed. Before we decide, I’d like to meet and confer with the APOA, then come back,” Barbanica stated. “Are we really meeting and conferring or just satisfying the rule? I appreciate, again the work that was done. I just think we need some language cleanup.”

“If we did move it forward to council, after we meet and confer, we would bring back two copies, one red-lined…that would include any edits we’re recommending,” Attorney Smith said. “Plus, the version you pass, today.”

“I would be OK with that,” Barbanica responded.

“Going back to the recovery position, you stated either side or seated. When is the judgement made for when you bring someone to side or seated position?”

“Preferably we get someone to a seated position,” Morefield responded. “It really comes down to compliance. More folks we get into handcuffs, the quicker we get to the seated…recovery position. It’s too easy to stand up. We get them on their stomach, on their side, then seated then standing.”

Thorpe then said, “I’m ready to vote. I’m fine with the redlining and bring back to council.”

The motion passed on a 5-0 vote.

Moved Other Items to Next Committee Meeting

With the meeting getting close to 5:00 p.m. when the council’s closed session was to begin, before the regular meeting at 7:00 p.m., the members voted to postpone the remaining items to the next standing committee meeting, which is scheduled for the fourth Tuesday of October.