Filed felony looting case, refers low-level drug cases to behavioral health care system for treatment

Dear Antioch Residents:

“The most dangerous untruths are truths slightly distorted.” Recently, Sean Wright, the Mayor of Antioch has made repeated distorted untruths about the District Attorney office policies, and about my record as your District Attorney. To have an elected official, make distorted truths, and then hide his head in the sand and refuse to learn the true facts is troubling to say the least. I take transparency and accountability very seriously, as any elected official should.

Facts matter. First, the Mayor bought a political smear hit piece from a biased website about looting. He never reached out to me to find out what my office guidelines actually require.  The guidelines do not prohibit the filing of any looting case – in fact, just recently, we filed a felony looting case. The truth is, my office guidelines assist prosecutors in making the distinction between thefts and burglaries that merely happen while we are in the pandemic, and lootings which are substantially motivated by a state of emergency. The guidelines are on the District Attorney website. I encourage you to read them. (See related article)

Second, your mayor attacked our office policies regarding low-level, stand alone drug cases. (See related article) What he fails to mention is that initially these cases are referred to the behavioral health care system for treatment. Please do not forget the failed policies of the War on Drugs. Arresting citizens for possession of small amounts of drugs, taking them to jail, and releasing them without treatment ensures that these individuals will soon be arrested again, and so the cycle continues. The aim of my office policy is to stop chronic patterns of arrest, to connect individuals to behavioral health services, to reduce the burden on the court system and law enforcement, and to allow prosecutors to focus on more serious and violent crimes. Of course, repeat offenders can be charged, diverted or suffer additional consequences.  As the chief law enforcement officer for the county, I take my oath seriously to protect the public. However, clogging our criminal justice system with low-level crimes does not deter crime nor find equitable solutions for our community. I am focused on common-sense solutions that are fair and equitable, and good for the entire community. 

Here are some items to keep in mind during this election season. We cannot let lies get in the way of the truth, even during campaign season. The mayor is making this a political attack against me in order to bolster his campaign for re-election, and to take swipes at his East Bay Times endorsed opponent, Lamar Thorpe. Stand on our own record Mr. Mayor, and please stop trying to bolster your platform by making distorted claims about our office policies. During the election season, we hear from elected officials about their vision for their community. Unfortunately, despite his message of unifying the community, your Mayor is trying to divide Antioch and use our office as a foil and create a controversy when none exists. Examine the facts. Facts matter.

Sincerely,
Diana Becton

District Attorney, Contra Costa County

Possible conversion to condominiums

By Allen Payton

During their regular meeting, tonight, Sept. 22, 2020, the Antioch City Council will consider approving a a four-story, 210-apartmentproject, along with 4,000 square feet of retail in the Delta Fair Shopping Center where the Food Maxx store was located in the past. The site is located at 3000 Delta Fair Blvd. and bordered by Buchanan Road and San Jose Drive, near the Somersville Road and Highway 4 interchange. The store building has sat empty for several years, since the store relocated across town to the Deer Valley Plaza at Lone Tree Way and Deer Valley Road. Delta Fair Village ACC 092220 presentation

According to the city staff report, the plan, recommended by a vote of the Antioch Planning Commission, would result in the demolition of 73,546 square feet of retail space and be replaced with the condos and new retail building. The four stories of apartments would consist of five buildings over a ground-floor parking structure.

If approved, the project will also include renovation of the remaining existing 73,535 sf of retail space.

Some of the project documents label it a condominium project. Efforts to reach city staff for questions about it were unsuccessful, but Antioch Planning Commissioner Manny Soliz explained the discrepancy in terms in the staff report.

“At our meeting, I had asked for it to be condos, and the project owner agrees with that. But that would require them to revise the plan,” Soliz shared. “I said, let’s go ahead and take the extra four to six weeks, but the rest of the commission said no, we need to get rid of that blight, now. I said I’m for that, too. But I’d rather get it done right the first time.”

“The proponent told the planning commission that he will come back with a conversion to condominium proposal,” he continued. “That seemed like a good compromise.”

“I think it will be a good project, but it did get approved as apartments, for now,” Soliz added.

The council meeting begins at 7:00 p.m. and can be viewed on Comcast Cable Channel 24 or via livestream on the City’s website.

$15,000 for outdoor dining in downtown Rivertown; $15,000 for Chamber of Commerce to administer

By Allen Payton

During their meeting on Tuesday, August 25, 2020, the Antioch City Council approved allocating $300,000 in CARES Act funds allocation of $300,000 in CARES Act funding and reprogramming of $120,000 in the Economic Development Department budget towards COVID-19 small business relief including $15,000 for the Antioch Chamber of Commerce for the purpose of administering the small business grant program.

Economic Development Director Kwame Reed provided the staff presentation.

The Business License Tax Relief will be allocated as a reduction or as a rebate (after the full cost of the renewal has been paid) of $100 on the renewal of existing Antioch businesses.

To be eligible for the relief the business must meet the qualifications below:

• Have a current/active business license as of March 17, 2020
• Have paid or will have paid for a renewal prior to March 16, 2021
• Have no more than 50 employees
• Do not have a national-brand affiliation

This is a one-time relief and only eligible to one owner per business.

Small Business Grants will be funded by the City’s CARES Act allocation. The CARES Act states that payments from the Fund may be used to cover costs associated with the provisions of grants to small businesses to reimburse the costs of business interruption caused by required closures. Businesses will be able to apply for $5,000 grants. This amount will allow 60 grants to be provided to support eligible Antioch small businesses.

To be eligible, business must:

• Have a physical location in the Antioch city limits
• Hold a current Antioch business license for one (1) year prior to January 1, 2020
• No more than 25 employees
• Demonstrate they were unable to operate due to the Shelter Orders or sales were down more than 25% from the previous quarter or the same quarter last year Priority will be given to retail, personal service businesses, restaurants, and businesses that have not received federal assistance (PPP, EIDL, etc.).

No public comments were received.

Mayor Sean Wright recused himself, since he’s both a small business owner and the COO of the Antioch Chamber of Commerce. Mayor Pro Tem Joy Motts then acted in his place in overseeing discussion of the item.

Councilman Lamar Thorpe said, “I’m excited about this, and particular that the Chamber plays a role. My only question is oversight. Where does that rest? I appreciate the Chamber. But they do have some ideologues, out there. So, I want to make sure the oversight is the city and not those who have a political agenda.”

“The economic program manager and I will have oversight of the funding,” Reed said. “The funding will come from the City not the Chamber.”

“I am happy to hear this will be for all businesses that fit the criteria not just Chamber members,” Wilson said. She then asked if members of the Economic Development Commission will be involved.

The EDC was the commission to develop the program and made a presentation on what they labeled the “COVID-19 Recovery, Retention, and Thriving Plan” to the City Council on August 11, 2020.

Reed responded that he will check with the EDC Chairman to decide. “But we don’t want to slow down the process.”

Wilson then asked about the timeline.

“Ultimately it will be two weeks once the information has been established and created,” Reed said. “We are pushing for the applications to be due early October.”

Councilwoman Lori Ogorchock thanked, “Kwame and the commission for doing this.”

She asked about those businesses, such as hair salons and barber shops, that aren’t open, “can they still apply and hold on to those funds?”

“Yes,” Reed replied.

Motts said she was concerned that all businesses receive the information. “Did you say a one-week application period?”

“Yes,” Reed responded.

“I’m going to request council will consider an amendment…and that is for an establishment for outdoor dining for downtown,” Motts then asked. “It’s $15,000 from the CARES Act in emergency funds that I’m asking for…for barricades. We have a private investor investing millions of dollars in downtown…we have some significant wins. It would be great if the city could support their efforts.”

Thorpe then asked about outdoor dining in downtown. “It seems to me they’ll have to block off some parking. I don’t think that will cost $15,000 to the city.”

“I’ve checked with the city manager and it does require the purchase of barricades,” Motts said. “It might require the closing of one of the streets. But, for the streets that are open, we have to make sure there are barricades.

Ogorchock then asked, “that’s going to be coming up on the agenda (under Item 11), can we be discussing this, now Attorney Smith?”

“I was thinking whether this fit within the scope of the discussion, but I hadn’t come to a conclusion,” City Attorney Thomas Smith said.

“This should come under the Waterfront Committee later in the agenda,” Ogorchock said.

“That’s just about dissolving the Waterfront Committee,” Thorpe stated. “I’m not sure if this fits within the scope of this discussion.”

“To the extent that this creates barriers to accommodate outdoor dining it would be legitimate for the discussion of the CARES Act,” said City Manager Ron Bernal.

“Given that, it can fall within that scope…the talk about the expense of $15,000,” Smith said.

“It’s not my desire to take away but to add,” Motts shared.

“To spend $15,000 to block off some parking spaces…but if it does, it does,” said Thorpe.

“I just wanted to add that as City Manager Bernal mentioned, if a business wants to apply for a grant for putting out barriers for outdoor dining they can,” Reed explained. “At this time, I don’t believe there has been any additional funding allocated for this particular venture.”

“This came out of a committee, out of our Waterfront Committee,” Motts explained. “We’re already half-way through August and this won’t happen until October. There will come a time when outdoor dining won’t be feasible. I think this request is pretty reasonable.”

Thorp then asked Bernal, “assuming a restaurant in downtown came to the city and asked to set aside parking spaces in front of their business, you have a right to do that, right?”

“Yes,” Bernal responded. “The cost Mayor Pro Tem Motts came up with is to put out water filled barrels in case cars might run into them. The cost of putting out barriers of about 120 feet in length is about $10,000. I put in another $5,000 for putting them out, as a conservative estimate.”

“I didn’t think we were going to go purchase barriers,” Thorpe stated.

“I’m personally fine with Joy’s recommendation,” he added.

“I’m fine with the idea of outdoor dining,” Wilson said. “With the recommendations that the Economic Development Commission brought forward that it doesn’t take away from that. I’m concerned if we carve away it will impact their recommendations.”

“If the $15,000 is in addition to not part of this funding from the CARES Act, I’m unclear about that,” said Attorney Smith.

“So, the increase in funding from $300,000 to $315,000 does exist in the CARES Act,” Bernal said. “Director Reed brought back a budget $60,000 more than what he had originally.” So, the council can add the $15,000 to the budget.

“My recommendation would be to increase it to $315,000,” Motts said.

“Is it something that we’re going to have to come back and look at,,,which restaurants are going to get it, or will it be out of the $5,000 grant?” Ogorchock asked.

“I believe this would be a separate thing,” Motts said.

Thorpe then said, “the resolution is for $315,000, we’re not taking it from anywhere else. With that I will make a motion.”

“I’m not done with my question,” Ogorchock said.

“You can’t continue once a motion is made,” Thorpe said.

“It doesn’t matter,” Ogorchock responded.

“Yes, it does matter,” said Thorpe.

“The city would actually go out and purchase the barricades,” Reed said. “It would be coming through the CARES Act that the city could utilize.”

“Thank you,” Ogorchock responded.

“I will read the motion,” Thorpe then said. He then moved approval of allocating $315,000 for the business relief program.

Ogorchock seconded the motion and it passed on a 4-0 vote.

Position still not filled 11 months after creating it.

By Allen Payton

After approving a resolution 11 months ago to allocate up to $120,000 to hire an Unhoused Resident Coordinator as a consultant, during their meeting Tuesday night, Aug. 25, 2020, the Antioch City Council approved changing the position to a part-time city employee, instead. The change allows City Manager Ron Bernal to hire someone to fill the position, rather than send out another request for proposal (RFP).

The city had put out an RFP last fall, but only received one response, which was from Focus Strategies. The council awarded them the contract on January 28, 2020 in the amount of $73,500.

But the organization’s president, Megan Kurteff-Schatz, said they don’t do the hands-on work that the city was looking for in a coordinator.

“They won’t be able to do everything in the RFP. But they’re very capable,” said Nickie Mastay, City Finance Director, during the January 28th meeting.

So, one of the tasks assigned to Focus Strategies by the City Council was to work with staff on the Unhoused Resident Coordinator class specification. The salary range and part-time annual cost of the position was reduced by $20,000 to $100,000 maximum, but at the same rate of $50-$60 per hour. The coordinator will be under the general direction of the City Manager or the City Manager’s designee.

Mayor Pro Tem Joy Motts said, “as homelessness continues to be a problem in our community…I just think, I want to make a comment, how important this is to have a person on staff, even part time…helping people to transitional housing.”

Councilman Lamar Thorpe then made the motion to approve the motion.

Far too much of our city manager’s time has been spent…this position will have someone specifically focused on this…I think this is well worth the investment,” Mayor Sean Wright said.

The motion passed on a 5-0 vote.

Asked if he had someone in mind for the position or if it will be advertised, and if so when he hoped to have the person on staff, Bernal responded, “This will be advertised and go through the normal hiring process. I don’t have a time frame at this time but want to move on this as quickly as HR can facilitate.”

By Allen Payton

The Antioch City Council will continue their meeting from Tuesday night, July 28, which lasted four hours, on Friday night, July 31st, to complete the agenda.

The main item expected to garner the most public input and response is the discussion of the Transitional Housing Ad Hoc Committee’s proposal to lease the Executive Inn motel on E. 18th Street for use by homeless residents. The presentation will be made by committee members Mayor Pro Tem Joy Motts and Council Member Lamar Thorpe. The cost to the city could be as much as $1 million per year. (See related article)

The other item is a resolution approving an Administrative Assistant in the City Clerk’s Department.

The meeting begins at 6:00 p.m. and can be viewed on Comcast Channel 24, or AT&T U-Verse Channel 99, or via livestream on the city’s website at https://www.antiochca.gov/live_stream.

 

Up to $1 million annual price tag

By Allen Payton

An idea first proposed seven years ago, by a then-homeless Antioch man, Rafael Scott and the late Mike Pollard, of the Golden Hills Community Church’s Community Outreach Center (COC) to use the unrented motel rooms at the Executive Inn, located next door at 515 E. 18th Street, received a breath of new life, Tuesday. Antioch Councilman Lamar Thorpe and Mayor Pro Tem Joy Motts, joined by advocates and representatives of ministries and other non-profit organizations serving the homeless in Antioch, announced on Tuesday a proposal to have the city lease the entire 32-room motel to serve as transitional housing.

Thorpe said he was making the proposal “as a member of the transitional housing task force (the new name for the Antioch City Council’s Homeless Encampment Task Force), with Mayor Pro Tem Joy Motts” and “working with our business community.”

“It was her vision, her idea,” he said. “So, she’s the reason we are here, today.”

“We started this journey almost two years ago. We really didn’t have any idea what we were getting into,” Motts said. “Homelessness is a very complex issues affecting many, many people. We did much, much research.”

“We were spending millions and millions of dollars moving people from one place to the next,” Motts stated. “It’s affecting our commercial businesses and our quality of life. We received trailers from the state we’re still trying to find a location for. I’m so thankful to the owners of the Executive Inn…to provide transitional housing…to get people off the streets. 97% who get into housing stay there.”

We are very fortunate to have a local hotel willing to work with the city to house people on a transitional basis,” Thorpe said.

Summer and Jyoti Desai have owned the motel since 2004.

“The county voucher program lasts 16 days at a discounted rate year-round,” Summer shared. “The voucher is good for 16 days once a year. It’s mainly for jobless and homeless. It’s only temporary.”

They Desais work with the county’s action team for mental health services, with Red Cross and the Contra Costa Crisis Center, for people in crisis due to a fire or flooding of their home. They also work with Shelter, Inc.

“A lot of churches place their people, here,” he said. They work with the Golden Hills’ COC, next door to temporarily place people in the motel rooms, and allow them use the lot for parking.

A few years ago, Golden Hills Community Church expressed an interest in buying the motel, but the asking price of $3 million was too much. When asked if he knew about the councilmembers’ proposal, Scott said, “No. I just wish Mike were here to know about it.” Pollard passed away on Monday, July 6th. But, his and Scott’s idea may just soon be more than realized depending upon the vote of the city council. Their three-page plan proposed using the unrented rooms, which at that time were running about 40% of the motel’s occupancy, at a discounted rate for homeless individuals, as long as they were in a program at the COC to help them with such things as substance abuse problems.

The plan now is for the city to rent all the rooms at a discount, and connect those staying there with programs and services to help get them into permanent housing and mainstreamed back into society. Those staying at the motel could be there for as long as six months, Thorpe stated.

“I don’t have any problem people, here,” Summer shared. They pay a daily rate. We provide them service every day cleaning the rooms and beds. We are the only hotel that is pet friendly.”

Thorpe introduced others in attendance at the press conference. Including “our friends from Shelter, Inc. We have Love Never Fails. We have Michael Gabriel representing the downtown businesses that have been affected; Nichole Gardner, a leading advocate for homelessness in Antioch, Extended Hands Ministry, Patrice Guillory from Health Right 360 for people who have been previously incarcerated.

“This is a call to action to all East County cities. We can’t rely on the county to do all of this work,” Thorpe stated.

Nichole Gardner of Facing Homelessness in Antioch said, “I’m excited to see the city trying to do something for our homeless out on the streets. We need to get people off the streets and be productive members of society. She thanked the council members and motel owners. Mariah Williams was also in attendance representing Facing Homelessness in Antioch.

Vanessa Russell, the founder and executive director of Love Never Fails which focuses on human trafficking in Northern California, spoke next.

“Human trafficking is coming to Antioch,” she stated. “To get people housing is the right thing. Many men and women are sold online. We came into contact with two people who were being sold right here, in this area out of their hotel room.”

Russell spoke of the effort, “to come to these specific areas where people are being exploited…to provide them food, stabilization, counseling, services. IT training to give them sustainable jobs. Not giving them fish but teaching them to fish on a daily basis.”

“She has made a commitment that she will provide some sort of wrap around services,” Thorpe shared.

Patrice Guillory of HealthRIGHT360 which focuses on health, housing and services for homeless and those who are formerly incarcerated, spoke next, saying “Our mission is to give hope and change lives.”

They’ve helped 120 people this year struggling with homelessness and other challenges.

“There’s no greater time than now to tackle the problem of homelessness in Antioch,” she said. “Individuals with a history of incarceration are 10 times more likely to be homeless. Our over reliance on law enforcement is not only ineffective but wholly inefficient.”

Long time resident of Antioch and downtown business owner, Michael Gabrielson said, “We’ve been there for almost five years…we’ve seen the despair of homelessness in Antioch. This will be an improvement not only in their lives but in the community’s lives.”

“This type of transitional housing will give them support, reestablish themselves and get into permanent housing,” he continued. “If each city would take an initiative like this it would have a huge impact on our community.”

“We’re taking this to the city council, to give direction to our city manager for the potential long term lease of the entire building, all 32 rooms, plus the suites…so the homeless providers can work,” Thorpe explained. “Summer is also offering to allow the five FEMA trailers to be located on the property.”

“The initial costs are a little north of $1 million,” he shared. “But that is nothing compared to what we spend chasing people from corner to corner. It’s not working. So, we’re proposing this.”

Asked about the 16-day limit for vouchers from the county Thorpe responded, “Our goal, in generalities and principles…everyone is on a different path. Some people may be here for only a week before they find housing with relatives. What we don’t want to do is have a set policy of 16 days and tell them to get their life together overnight.”

Asked how many homeless we have in Antioch Motts said, “the last count we had 300 but with all the students and families we probably have 600.”

The Golden Hills COC, located next door, has been working with homeless and those in need in Antioch for the past 20 years. Asked why no one from the COC was included in the press conference, Motts said, “We’re going to be working with them, the pastor here already serves meals in the community for the unhoused. We’re also speaking with Loaves and Fishes. Sutter Delta is fully committed to helping.”

“This is like the governor’s turnkey program,” she explained. “We’re hoping the state will support it.”

Asked about a budget that could be approved on July 28 so the program can immediately move forward, Thorpe responded, “we can set a cap of how much.”

The next council meeting will be held online on Tuesday, July 28 beginning at 7:00 p.m. Watch it via livestream on the city’s website or on Comcast cable Channel 24 or AT&T U-verse channel 99.

If you wish to make a public comment, you may do so any of the following ways: (1) by filling out an online speaker card, located at https://www.antiochca.gov/speaker_card, (2) by emailing the City Clerk prior to or during the meeting at cityclerk@ci.antioch.ca.us, or (3) by dialing (925) 776-3057 during the meeting.

City hires outside attorneys, sends case to federal court; 90-day repayment period per month of late rent still in place

“Freedom isn’t free. Sometimes you have to stand up,” – Mark Jordan

By Allen Payton

In efforts to fight for his rights, and those of other Antioch and Contra Costa County residents and property owners, local real estate broker, Mark Jordan has been suing the City of Antioch over its rent and eviction moratorium. Specifically, Jordan is fighting the “City Urgency Ordinance and the rental repayment infringement,” and challenging both the city and county over the curfews, in June.

Temporary Evictions, Rent Moratorium Lawsuit Served

In April, Jordan sent a “Cease and Desist Demand” to the members of the Antioch City Council on Friday, April 3 in response to their vote on March 31 to place a moratorium on evictions for both residential and commercial properties. The council’s actions give renters up to 90 days to repay for each month of rent they are unable to pay during the coronavirus pandemic. (See related article) ACC2020.03.31 – URGENCY ORDINANCE – Moratorium on Evictions       Temp Evictions Complaint.Jordan.v.COA

No action was taken by the city council in response to Jordan’s demand, so on June 2, he served the City of Antioch with a lawsuit challenging the council’s decision.

“I gave the City every opportunity to back up on this issue,” Jordan wrote. “They did not.”

On June 18 Jordan wrote the Herald regarding an agenda item on the June 23 City Council meeting agenda, that the “City is looking to walk back the Ordinance, but is not addressing the core issue of the suit which is the illegal 90-day per month grace period for missed rent.”

Semi-Victory as Council Expires Moratorium

For the Antioch Council meeting on Tuesday, June 23, 2020 Jordan submitted the following comments for the agenda item dealing with the expiration of the city’s moratorium on rent increases and evictions. However, they were not read into the record.

City Clerk Arne Simonsen said Jordan’s comments were sent to his personal email account. But Jordan said he emailed his comments to Simonsen and all five city council members.

“Mayor and Council,

For the citizens of the City of Antioch, let me bring you up to speed.

I am a Plaintiff in a lawsuit against the City of Antioch concerning the Urgency Ordinance passed on March 31, 2020 No: 2182-C-S. The case number of my suit at the Superior Court of California, County of Contra Costa is MSC20-00976.

Why am I suing the City of Antioch? Because when they passed the Ordinance they violated the

Constitution of the United States and also the Constitution of the State of California. They violated your rights.

I noticed them that in passing the Ordinance they were making a mistake but they pressed forward. I demanded they rescind the Ordinance. They did nothing. The Courts opened and I filed.

Just so you know when an elected official violates the Constitution they are violating their oath of office and are therefore in a position where they may be held criminally liable and where qualified immunity may not protect them. Not a good place to be Mr. Mayor, Council Members.

It is not that tenants did not need protection initially because of the pandemic. They did, but when the City created a 90 day repayment period for each month a tenant was not paying rent, that was too far.

Miss a year’s rent, get 1080 days to catch up. That is almost three years. Nonsense.

This is governmental interference in private contracts and there is case law all the way back to the beginning of the Republic. You do not pass the general legal three point test to validate your action.

So, why did the City Council do this? Because; the City Attorney, Mr. Smith is providing very poor council (sic). And, although Mr. Smith has an excellent legal education he has little time in the practice of law.

Advice to Counsel Smith, wisdom comes with age. You are over your head.

The City now is attempting to sunset the Ordinance stating tenants have other protectors. True, but the real reason is that the City Attorney is trying to create a situation in which he can file a response and claim the matter is moot (over). It is not. Constitutional violations remain past a sunset. And, I will press the matter.

Antioch, also know this. I called the City Attorney last Friday after reviewing Agenda item 9. There has been NO return call. I talked with Mayor Wright yesterday stating I had reviewed the information and was prepared to sit and work out a settlement and informed him that there has been no response from Mr. Smith.

Since that discussion there has been NO response to my offer from the City of Antioch, Mayor, Manager or Counsel Smith. When any citizen cannot get a return phone call, government is failing. You are failing City Council.

Therefore; Antioch be informed that your City government, our City government, my City government is prepared to spend our money on a matter they will not win and should be anxious to conclude.

Did Mr. Smith miss the class at Harvard on settlement? What exactly are you trying to achieve City Council?

This is not my first run in with the City of Antioch. The first was about Religious Freedom and I had to bring in legal counsel to explain the U.S. Constitution. I prevailed. A church was able to obtain their sanctuary.

The second was a suit in which the City violated the California Constitution, Prop 218 over a number of years and agreed to return nearly a million dollars to Antioch Enterprise Funds. Police don’t patrol or protect sewer lines.

City Council, you really want to go to court? Really?

If you do, know I’m all in. I will press my rights and the rights of every other property owner in Antioch.

Not to the detriment of tenants but to the equality of the law, due process and our, everyone’s Constitutional rights.

My phone works just fine. You have to dial the seven digits. It’s a local call.”

During their meeting, the Antioch City Council approved an urgency ordinance expiring the city’s rent increase and eviction moratorium, giving Jordan a partial victory. However, that action was only taken because the county’s moratorium, approved by the Board of Supervisors and runs through July 15, applies to cities as well as unincorporated areas of the county. According to the ordinance the City Council finds that “residences and businesses… will continue to have protections from eviction and adequate ‘grace periods’ to repay unpaid rent…from the Governor’s Executive Orders, Judicial Council Emergency Rule, and the County’s Urgency Ordinance.” Urgency Ordinance expiring Eviction & Rent Increase Moratorium ACC062320

Another Lawsuit by Others Against State

In addition to Jordan’s lawsuit, another lawsuit was filed against the state on June 15 by the Pacific Legal Foundation (PLF) on behalf of two rental property owners challenging California courts’ refusal to hear eviction proceedings. (Christiansen & Martin vs. California Judicial Council).

In that case, PLF argues “the California Judicial Council decided to take matters into its own hands and effectively banned all evictions by forbidding courts from issuing summons or entering default judgments.

Their measure, Emergency Rule 1, means that landlords like Peggy Christensen, a retiree who depends on her rental income, cannot take legal action against tenants who damage the property, harass other tenants, or refuse to pay rent. It also means that landlords like Peggy are forced to turn away considerate renters in need of housing. In making this rule, the Judicial Council has seized policymaking power from the legislature and governor to block landlords’ access to the courts. Peggy and Peter Martin, another landlord, are fighting back with a state lawsuit to rein in the Judicial Council’s illegal overreach, restore the rule of law, and protect the entire state’s critical rental housing industry.”

According to PLF the “government cannot deprive landlords of their right to evict tenants who are able to pay rent yet refuse to do so, crippling their businesses and handicapping their ability to help tenants who face financial hardship.” Furthermore, the PLF claims “the California Constitution’s separation of powers prevents government agencies like the California Judicial Council from overriding the legislature and governor to take the law into its own hands and make social policy.”

Jordan’s Not Backing Down on 90-Day Repayment Period

In spite of the Antioch Council’s action on Tuesday night, June 23, Jordan refuses to back down.

“The fact that they’ve sunseted the ordinance doesn’t mean their violation of constitutional rights goes away,” Jordan said. “There are still remedies. So, this is not over.”

“Smith just wants to file a motion to dismiss because the whole matter is moot, since they sunseted the original ordinance,” Jordan stated. “I told the mayor I was more than willing to sit down and have a conversation with the city attorney. But there have been no phone calls.”

City Settles Previous Lawsuit by Jordan Over Misuse of Tax Dollars

“When I sued the city over their misuse of enterprise funds for police, theirs and my attorneys sat down and met with me, and we worked out a settlement agreement,” he explained. “Then it was taken to the council for approval. Since I have no attorney representing me, it’s incumbent upon Smith to meet with me and to try and settle the matter and take that to the council.”

“I’m actually saving the city money. The last time I sued them they had to pay my attorney $75,000,” Jordan added. (See related article)

City Settles Previous Lawsuit by Jordan Over Misuse of Tax Dollars

The legal counsel for the California Association of Realtors has been given a copy of Jordan’s lawsuit.

“They are actively watching all of these suits,” he said.

“We have a court date for a temporary injunction. That would enjoin the city from implementing the entire ordinance. If in fact they have sunseted the ordinance, that hearing would probably be unnecessary and all that remains are the constitutional violations. I’m not looking for any money, personally,” Jordan shared. “When you settle a lawsuit, people don’t normally admit any culpability. What they’re prepared to offer to settle the suit I don’t know because I can’t get a returned phone call.”

“I told the mayor if you think you’re going to just file an order to dismiss when you’ve violated my and others’ constitutional rights, that won’t settle the matter.

The court date was set for the August 24th.

He pointed out that the urgency ordinance adopted by the city council on June 23 had the incorrect number for the original urgency ordinance on the rent and evictions moratorium. The number used nine times in the document was 2181 instead of the correct Urgency Ordinance 2182-C-S.

“It is the wrong ordinance that they sunseted, as it has the wrong number on it. I know I’m being picky and technical about it, but that’s the law,” Jordan stated. “So, if they didn’t change the number, they didn’t sunset it.”

City’s Contract Attorney Responds

As of Friday, June 26 City Attorney Smith had yet to respond to Jordan’s lawsuit. Instead, that night at about 6:00 p.m., according to Jordan, attorney David Mehretu of Meyers Nave in Oakland, who was hired by the City to represent them, contacted Jordan about his case.

City’s 90-Day Per Month Repayment Period Still In Place

In addition, the City asked Mehretu to answer the questions the Herald sent to City Attorney Smith about the incorrect ordinance number in the new urgency ordinance and the impacts of the council’s sunsetting of the urgency ordinance.

Mehretu explained that the incorrect number in the new urgency ordinance which sunseted the original urgency ordinance was merely a clerical error and could be corrected by city staff. The intent of the city council is clear and the language in the new ordinance clearly refers to the original urgency ordinance. So, no additional vote of the council is necessary.

Regarding the 90-day repayment period for each month a renter is unable to pay, Mehretu said, “the sunset or termination of the urgency ordinance did not eliminate the 90-day per month in arrears protection for renters in Antioch.”

The months covered are “from the date of the original ordinance” which was adopted by the city council during a special meeting held on March 31, 2020. So, the city’s ordinance covers rent for the months of April, May and June and gives renters in Antioch nine months from the end of the shelter-in-place, which is currently scheduled to expire on July 15, to repay their back rent.

Rent for July is covered under the county’s ordinance which gives renters 120 days to repay all back rent. Assuming the current shelter-in-place order is lifted on July 15, renters anywhere in the county who have been unable to pay their rent would have until November 15 to repay rent for July.

That’s what Jordan is fighting, claims is unfair and violates his constitutional rights.

Settlement Effort Breaks Down, New Meeting Set

Jordan attempted unsuccessfully to settle the case with the city out of court.

“We were close, but settlement failed,” he shared on Tuesday, June 30. “The City will respond to the lawsuit and we will move on.”

However, Jordan added, “We have a tentative agreement to have a discussion on settlement, next week.”

City’s Contract Attorneys Submit “Answer to Complaint”

The contract attorneys for the City, which now includes Deborah Fox, also of Meyers Nave, sent Jordan a response to his lawsuit, yesterday, Thursday, July 2nd. Jordan-Antioch-Answer

In their “Answer to Complaint” they offer eight Affirmative Defenses claiming Jordan’s lawsuit “fails to state facts sufficient to constitute a cause of action,” that he “lacks standing because Plaintiff (Jordan) has not suffered an injury in fact,” and “as a private party, Plaintiff lacks standing to enforce criminal laws.”

In addition, the City’s attorneys argue Jordan should have first filed a claim against the City, “pursuant to Government Code section 911.2 et seq.” The attorney’s Fifth Affirmative Defense is that the City “is not liable to Plaintiff because the acts complained of in the Complaint constituted one or more discretionary acts.”

The city’s attorneys are, of course, asking that the court dismiss the case and for Jordan to pay the City for costs and attorneys’ fees.

Case Moved to Federal Court – No Date Set, Yet

On Friday, July 3, Jordan shared, “City moves case from California Court to Federal court because there are US Constitutional claims of violation by the City.” Jordan-Antioch-STATE   ECF 1 Jordan-Antioch

In the filing, the first attorney listed for the city is Thomas Smith. So, both he and the attorney they hired are representing the city.

The case will no longer be heard on August 24th and there is no hearing date for a temporary injunction.

“I would have to write a new motion for federal court requesting a temporary injunction,” Jordan said. “The entire jurisdiction moves to federal court and whether they will set a new date we don’t know, yet.”

He reached out to the Pacific Legal Foundation, following advice of the California Association of Realtors, for possible pro bono representation.

Antioch Curfew Challenge

On Monday, June 1, 2020, the City of Antioch ordered a curfew for that night and later extended it through the following night. The Antioch Police Department stated in a Facebook post, that day that the “decision was made after we were made aware of credible threats of subjects coming into our community for the purpose of causing damage and committing criminal acts.” (See related article)

On June 2, Jordan wrote Mayor Sean Wright and councilmembers challenging both the curfew and the way it was announced: “I have read…that the City Manager has enacted a curfew. Is this correct? 1.  No posting exists on the City web site and therefore Notice does not exist for the public.  Or, where did you post such a notice and when for the public? 2.  By what right does the Manager have the right to enact a curfew?  Did you relegate your responsibility?  Why did the council not act? 3.  What emergency was declared?  Please see Emergency Services Act for approved list of emergencies. 4.  Where did you post the notice of emergency? 5.  What section of the Penal Code of the State of California are you using? Please answer the above questions or have the City Attorney respond to the questions.  Please provide a copy of the Notice if it exists.”

Jordan later wrote the Herald, “News is not a posting by the City. And, you must have an emergency declared.  Based on my reading. New report states Manager declared. Government does not have the right to take away civil rights based on a whim.”

Jordan received a copy of the Curfew Order from the city on the afternoon of June 2.

In response, Jordan emailed City Manager Ron Bernal writing, “Mr. Bernal, Please define exactly what events occurred in Antioch that you reference and which would constitute an emergency under the Emergency Services Act.  See Curfew Order, City of Antioch, 4th bullet point, dated June 1, 2020. You cannot act upon a belief or thought that an emergency may require this action.  There MUST be an actual emergency. This order without reference may constitute an attempt to silence free speech, the right of assembly and the right to present grievance against the government.  Please refer to the US Constitution and the State of California Constitution. Please define what, when and where caused this order within and for the City of Antioch.”

Having received no response, Jordan sent another email message to Bernal the next day, June 3: “Mr. Bernal, This is my 2nd request for exactly what events occurred within the City of Antioch that require this City curfew.  I will deal with the County separately. As with other matters I wish to give you and the City of Antioch every opportunity to comply with the requirements of the Emergency Services Act and to properly Notice the community as to what events occurred. A belief that an event might occur is insufficient to meet the requirements of the Act.  It is clear to the public now you know how to amend your Orders.

If you fail to respond, and fail to state to the public of Antioch exactly what events you reference and publish that clarification, well, then it is likely I will move to reverse you attempt to create a police state within the City.  Fair warning, don’t press me.  I take my civil rights, the United States Constitution and the Bill of Rights seriously.  And, I’m willing to fight to guard them.
I suggest you obtain legal advice outside of the City Attorney; perhaps someone well versed in the Constitution of the United States and the Bill of Rights.  I would direct your attention to Article 1. Your response and information is anticipated by the entire public of the City.”

Having still received no response from the City, Jordan wrote the Herald, “These documents and the Order of Curfew do not meet the requirement of the Act.  There is NO response from the City.”

Then on June 4, Jordan wrote the Herald, “no one from the City ever responded to my request for information. I posted the emails for the Mayor’s community forum 6/3/2020 but have no response from the Mayor. There was never a statement of what event(s) occurred which would justify such an order.  And, to be clear, ‘credible evidence’ that something might happen, is not sufficient to implement a curfew based on the Act. I’m not sure anyone at the City understands Constitutional Rights.”

County Curfew Challenge

That same day, June 4, Jordan emailed members of the County Board of Supervisors about his concern over the county’s curfew.

“Board of Supervisors, It is my belief that you do not have the right or authority based on the Emergency Services Act to issue an unlimited curfew. Your order appears in violation of both the United States Constitution, Article 1 and the State of California Constitution.

Understood that there exists activity that most likely violates the California Penal Code. And, that any alleged criminal behavior should be addressed and directed to the District of Attorney. That said this order is a massive overreach bordering on the creation of a police state affecting all of the citizens of the County who have nothing to do with or who are effected by any of the minor civil unrest.

Therefore, I demand that you amend the order immediately to include a date certain termination or rescind the order in total. Should you do either by June 9, 2020 I will consider this matter closed. Your correction and attention to this matter is appreciated. If your counsel wishes to speak to me have him call.”

Supervisor Karen Mitchoff’s Chief of Staff, Anne O. responded to Jordan via email later that day writing, “The County Administrator has rescinded the curfew, effective 1pm today.”

He also received a copy of the county’s curfew termination order, which ended that issue.

“Freedom isn’t free. Sometimes you have to stand up,” Jordan added.

 

By Allen Payton

During their first community forum on police reform, entitled “Bridging the Gap”, Tuesday night, June 30, 2020, the Antioch City Council heard more comments from members of the public on both sides of the issue. Then the council decided what topics to include in future forums and agreed to hire a facilitator to moderate them.

To open the meeting, Mayor Sean Wright said, “Thank you for coming, tonight for those who are joining us. This is an opportunity for us…at the end of the last meeting we had five or ten minutes to decide where to go with this. Tonight, is an opportunity to get input from all council members and the public…to decide where we want this to go…to drive this conversation forward in a positive way for our community.”

Councilwoman Monica Wilson then said, “I am looking forward to what the community says. To make sure this is not just a one and done and that we continue the conversation.”

Mayor Pro Tem Joy Motts read some prepared comments saying, “I’m happy to have lived in Antioch my entire life. I’ve watched my family grow up, here. Let’s be clear in saying I always do what is best for our community.”

She spoke of wanting an “all hands on deck meeting.”

“I am seeking to find opportunities where we can improve as a city,” Motts added.

There were video and audio challenges that caused the meeting to not be visible for most of the first half hour, so not all the opening comments from the council members could be heard.

A variety of people submitted comments or spoke through the Zoom meeting connection, mostly reiterating the over 850 comments made during the two special council meetings on whether to form a council ad hoc committee on police reform two weeks ago, that led to Tuesday night’s forum.

Council Members Respond to Public Comments

Mayor Wright was the first to respond to the public comments.

“I’ll be honest, after the last meeting…I was pushing in discussions with our city manager, having an hour with our chief of police come forward give us a report on the reforms within the department, then an hour to hear from members of the African American community,” he said.

“People have already spoken. We’ve heard. We had a lot of comments at the other meetings. I appreciate the city manager saying…let’s not jump into a discussion of what you think we’ve heard…so we can have a discussion among council members of where we want to go.”

He then provided a list of the things he heard from the public comments.

“I thought you summarized it fairly well,” said Councilman Lamar Thorpe. “I don’t think you mentioned mental health. I have a concern of stretching our police force. I don’t think they should deal with that.”

“The five areas I outlined…are overarching,” he continued. “We can populate with the things you talked about.”

The five reforms Thorpe is seeking, which he mentioned in his press release, earlier this month are 1. Demilitarize our local police, 2. Increase police accountability, 3. Improve police hiring practices, 4. Excessive use of force and 5. Budget appropriations.

“If we’re going to talk about body worn cameras, about mental health, we have to talk about the budget,” Thorpe added.

“Community programs is a huge one,” Councilwoman Lori Ogorchock also mentioned. “What does systemic racism look like in Antioch? The Police Crime Commission going into their districts finding out that information. Work together…we all need to work together. This is a priority for this council. We’re here tonight trying to work on these issues.”

“I too thought the meeting was a little vague coming into it,” Wilson. “We really owe it to the community to really have an outcome…that we really are listening. We’re all not going to agree. None of us are here to attack.”

“We’ve all said one time, or another Chief Brooks is doing a wonderful job. But we can always do better,” she continued. “We must constantly be looking at how we can improve ourselves.”

“Accountability, de-militarization, hiring practices, police oversight, body cameras…how we’re going to maintain all of that, the use of force,” Wilson continued. “We have to come to the reality that not all of us are going to agree. Like most families…we have to respect our differences. I’m hoping we’ll be able to start attacking some of these and have some good outcomes and start making our community better and let everyone in our community know they’re being heard…and they’re not being left out.”

Motts then shared her thoughts stating, “I had doubts without having the chief speak to some of the comments we’ve heard over the past few weeks. But, after hearing from the community, tonight I’m glad we went this way.”

“I heard ‘do no harm’, she continued. “I do think the APD is really getting out there…and trying to work with the community. The mental health issue…this is something that’s been going on for decades, now. East County, we do not have a (homeless) shelter. We do not have homeless services. It is incumbent upon us to do something about them.”

Councilwoman Lori Ogorchock spoke about “What we should do with Measure W money. They want to spend some on police services, but also on youth services. I’m looking forward to these conversations. I would like to have the chief come back and speak on some of the investigations going on. I want to see us all work together. We love this community…we want our community to feel embraced and feel safe. So, I’m looking forward to the conversation.”

Discuss Future Agenda Items, Agree to Hire Outside Facilitator

“This can’t be done in a meeting,” Wright explained. “I need to look at how this fits in. I’m OK looking at the five headings Councilmember Thorpe put in. There might be six or seven other headings.”

“I think we all want to hear from the chief,” Thorpe stated. “The actually leading of this conversation shouldn’t be led by the chief. The chief is a participant in all of this. I think for many people I think there’s a curiosity of policing in American and the relationship with African Americans and why policing even started in this country. They can’t pinpoint why in this country that things blow up following interactions between police and African Americans.”

“I was going to suggest we hire an outside facilitator…helping us through the process,” Wright added.

Ogorchock added, “I think it’s great we have an outside moderator. Where in the budget would that come from?”

“We would have to approve the expenditure,” Wright said.

“It would come out of the General Fund,” said City Manager Ron Bernal.

“I agree someone from outside…to help moderate this conversation,” said Motts.

“I would like to hear from the council…some of the things you’re wanting this person do in the processs,” Wright said.

“Someone with a background in social justice, race relations with police,” Wilson said.

“I would say someone with experience with police reform and that may not be someone with a social justice background,” Thorpe said.

“It has to be a well-rounded person,” Ogorchock said. “We need to have someone coming in who is neutral, who is going to ask the right directions and get us in the direction this council wants to go. What is the cost of this person? I would ask the City Attorney is this part of the agenda, tonight? A moderator?”

“What you’re talking about is future agendas, so yes, your discussing a future agenda item,” City Attorney Thomas Smith responded.

Wright then said he wanted, “someone who is respected on both sides, the police department and someone trying to create police reform.”

“We’re not looking for specifics in what they think on police reform…but understanding the lay of the land when cities decide to do police reform,” Thorpe said. “I’m not pretending we’re not discussing police reform. That’s what the point of having the ad hoc is.”

“This is a bigger conversation that we will all participate in,” Wright said. “I think the next steps…is to find that person and have that person to work together with a few members of council and the chief, to categorize and move forward.”

“I would be happy to participate in that,” Thorpe said.

“So, would I,” Wright responded.

“I would, too so here we go,” said Ogorchock. Regarding the hiring of a moderator she added, “Make sure they understand Antioch. We’re a diverse city.”

“Yes, we are a majority people of color community,” Thorpe said. “You’re absolutely right.”

“That’s not what I said. I said we’re a diverse community,” Ogorchock responded.

“We are doing some things well…and I want the chief to report on that,” Wright said. “As I’ve gone out the past few weeks and talked to different people there are people in the black community who aren’t aware that there is a citizens police academy and a youth police academy. So, there’s more outreach that needs to be done.”

“I’ve been doing some research…and people of color are being killed at a higher percentage, at a higher rate,” Wright stated. “I would like to see elicit bias training for our police and the council. To be able to put ourselves in the shoes of other people. I would hope as a community…that we better understand one another…as we go through this.”

“If there are regular mental health checkups to deal with law enforcement stresses,” said Motts. “I would like to see that as part of the discussion, here.”

“I will work with you and Councilmember Thorpe in hiring someone to facilitate…someone familiar with police reform, and other areas, and familiar with police departments,” Bernal said in response to Mayor Wright.

The council then adjourned the meeting.