Archive for the ‘City Council’ Category

Torres-Walker named 2023 Woman of the Year by Rep. Garamendi

Tuesday, October 10th, 2023
A copy of Garamendi’s congratulations letter to Torres-Walker posted on her official Facebook page on Sept. 23, 2023.

To be honored at Thursday ceremony

By Allen D. Payton

In a Sept. 23, 2023, post on her official Facebook page, Antioch Mayor Pro Tem Tamisha Torres-Walker shared a photo of a letter to her from Congressman John Garamendi (D-CA8) that he has named her a 2023 Woman of the Year. Along with the other honorees, she will receive her award at a ceremony Thursday morning, Oct. 12 in Benicia.

The letter reads:

“Dear Tamisha

I am pleased to announce that you have been selected to be honored as a 2023 Woman of the Year. Each year, I recognize outstanding women of my Congressional District who have been nominated by their peers and have demonstrated a clear commitment to their community through their leadership and dedication to public service.

Congratulations! I look forward to seeing you…”

The letter also invited her to attend and provided details about “Congressman Garamendi’s 2023 Women of the Year Ceremony” and was signed by the Congressman.

Torres-Walker added an emoji of herself to the letter and responded on the Facebook post by writing, “The God of my understanding always finds a way to remind me to keep going.”

Thorpe holds ceremony to sign, celebrate Antioch’s anti-tenant harassment ordinance

Saturday, October 7th, 2023
Antioch Mayor Lamar Thorpe gestures and raises his voice during a speech following the ceremonial signing of the anti-tenant harassment and retaliation ordinance as supporters watch and cheer outside City Hall on Thursday, Oct. 5, 2023. Video screenshot.

Blames greed for challenges renters face; takes swipes at two council members who haven’t supported the council majority’s “progressive” policies

“You’re either with us, standing with us, making a difference or you’re not.” – Mayor Lamar Thorpe

By Allen D. Payton

Antioch Mayor Lamar Thorpe held a ceremony and press conference on Thursday, Oct. 5, 2023, to sign and celebrate the passing of the City’s anti-tenant harassment and retaliation ordinance. He was joined by representatives of the organizations which lobbied the council to approve the ordinance which finally passed 3-1 in August, including David Sharples of Alliance of Californians for Community Empowerment (ACCE) Action and Rhea Laughlin of Rising Juntos, Rev. Millie Phillips of East Bay Alliance for a Sustainable Economy (EBASE), and Judith Ortiz of Monument Impact, as well as. (See ORDINANCE NO. 2232-C-S PROHIBITING RETALIATION AGAINST AND HARASSMENT OF RESIDENTIAL TENANTS)

Mayor Pro Tem Tamisha Torres-Walker and District 4 Councilwoman Monica Wilson joined Thorpe in voting for the ordinance, while District 3 Councilwoman Lori Ogorchock voted against and District 2 Councilman Mike Barbanica, a property manager in Antioch, recused himself on the matter.

A post on Thorpe’s official Facebook page on Friday shared about the ceremony and ordinance: “On Thursday, Mayor Thorpe signed sweeping legislation to protect Antioch families, preventing more families from falling into homelessness. As homelessness continues to rise in California, Antioch become one of a handful of cities in the state to pass legislative tenant protections to prevent individuals and families from falling into homelessness.”

After he signed the ordinance, the post claims he “presented each organization with a Certificate of Recognition for their tireless efforts to enact Anti-Tenant Harassment laws.”

At the beginning of his remarks, Thorpe introduced the City’s new Rent Program Specialist Delia Pedroza, Acting City Manager Kwame Reed and City Attorney Thomas L. Smith. None of the other council members attended. Ogorchock said she didn’t know about it and wasn’t invited. When it was pointed out that she had voted against the ordinance the District 3 Councilwoman responded, “I don’t get invited to any of them” referring to the mayor’s press conferences.

Thorpe Gets Animated During His Remarks

“We do these because in fact these are a big deal. When I was on the city council for four years…there really wasn’t much to celebrate,” the mayor stated during his almost 20-minute speech offered in both English and Spanish, as he usually does.

“Everybody here is a hardworking person. No one is trying to just get by,” he continued. “But every day, I see this, every single day, because of greed and lack of political will, opportunity keeps slips away from the average American that’s standing here, today. It doesn’t matter if you’re white, Black, brown, Asian. Wages continue to be stagnant as inflation continues to kick all of our butts.”

Thorpe then spoke of the strike at Kaiser and their profits over the past five years.

“I share this because it’s an example of why we’re here, today. Greed,” he said. “As a few in our country continue to take everything, we’re here fighting for crumbs. So, I believe it’s government’s moral responsibility…to protect one of our most basic needs. Housing.”

“So, today in Antioch, we make a bold step in joining a handful of cities…in California to enact anti-housing displacement laws. All we’re trying to do is keep people in their homes” Thorpe exclaimed. “So, with these laws we’re setting a baseline that tells bad actors, you have to join good, decent landlords in treating your tenants with dignity and respect. Period.”

“No longer will it be acceptable in the City of Antioch to pay for services and not be allowed to use them like a swimming pool or a laundry room,” he said, providing details form the ordinance. “No longer will it be acceptable in the City of Antioch to use the threat of eviction as a weapon against you. No longer is it acceptable in the City of Antioch for you to fear organizing, to form a tenant association and stand up for your rights.”

“Listen, housing insecurity is a real thing for every single individual here. I did not know I was housing insecure. Apparently, when you spend more than 50% of your income, you’re considered housing insecure,” Thorpe shared. “That means we’re all one paycheck, one bad thing happening that lands you at Kaiser, from being homeless.”

“So, I’m thankful, I’m truly thankful for the progressive city council that has made the decision to stand with all of you,” he stated getting animated. “And when I say progressive city council, I’ll just be honest, I’m only talking about Councilwoman Monica Wilson and Councilwoman Tamisha Torres-Walker. Every progressive policy that we’ve passed in this city that changes your life, that gives you an additional protection, passed on a 3-2 vote or a 3-1-1 vote. I want to be very clear about that because you’ve got to remember who’s standing on your corner. You’re either with us, standing with us, making a difference or you’re not.”

“It was almost a year to the date on Oct. 16, 2022, we all stood over there off of…L Street, to celebrate the welcoming of rent stabilization in this city,” Thorpe continued. “You’re either with us, standing with us, making a difference or you’re not. There’s more work to do. And I expect everyone here…to join us. I expect while we get just cause (another requested eviction protection ordinance), irrespective of what the political climate may be or what it may be convenient to do or not to do that we stand united for the right thing.”

In response to a comment from someone he said, “Oh, it is happening. But the clown show is coming, too. I’m just going to point it out. Next year is an election year. They’re coming.”

Thorpe then read his prepared remarks in Spanish.

See video of Thorpe’s comments.

The video does not show Thorpe was asked any questions by the media, and he only mentioned Telemundo was in attendance. (This reporter was invited but unable to attend).

Mayor Thorpe was joined by supporters of the anti-tenant and retaliation ordinance following the ceremony on Thursday, Oct. 5, 2023. Source: ACCE X feed

ACCE Praises Ordinance

In tweets on X on Friday, Oct. 6, 2023, ACCE wrote, “ANTIOCH REJOICE Yesterday Antioch Mayor @LamarThorpe signed the Tenant Anti Harassment Ordinance #TAHO into law, ensuring that victims of landlord abuse have protections to defend themselves!

ACCE Twitter/X posts on Friday, Oct. 6 – For months Antioch renters at Delta Pines faced harassment, lack of repairs & excessive car towing by their property manager. With the passage of #TAHO abusive landlords & property managers can be held accountable for harassing tenants – this is what progress looks like!”

Thorpe shared later, the ordinance goes into effect Oct. 13th, 30 days after the second reading.

Antioch Council opposes returning to public comments via Zoom

Friday, October 6th, 2023
Antioch Mayor Pro Tem Tamisha Torres-Walker speaks on teleconferencing as District 2 Councilman Mike Barbanica listens during the city council meeting on Sept. 26, 2023. Video screenshot.

Joins other cities in ending the practice to avoid hate speech, abuse

Torres-Walker blames politics for fellow councilmembers’ votes; Barbanica calls her comment “ridiculous”

East County Rabbi responds to hate speech during Brentwood Council meeting

By Allen D. Payton

During their meeting on Tuesday, Sept. 26, 2023, the Antioch City Council by a vote of 3-1-1 decided to not return to allowing call-in public comments via Zoom the same night the Brentwood City Council received a call filled with anti-semitic hate speech.

Antioch joins other cities throughout the state ending the remote public comments due to the abuse of the medium which increased in use during the response to COVID. But Mayor Pro Tem Tamisha Torres-Walker who voted against the motion wasn’t happy about it and accused her fellow council members of voting based on politics, with District 4 Councilwoman Monica Wilson, who voted to abstain, running for State Assembly, District 2 Councilman Mike Barbanica running for County Supervisor and Mayor Lamar Thorpe facing re-election next year. (District 3 Councilwoman Lori Ogorchock’s seat is up for election next year, as well but she can’t run for it, as she was moved into District 4 due to gerrymandering during last year’s council redistricting process).

Following public comments on the item, Torres-Walker was the only council member to speak on the matter arguing in favor of allowing public comments via teleconferencing. (See 3:09:30 mark of meeting video)

“I keep asking for it to come back. If the council has to be here, the council has to be here. We ran to show up and there’s a large public that want to be here. There are rules that have been made up as we go. There’s a large part of the public that can’t be here in person”

“If we can’t take time to listen to the people whose business we’re doing then none of us should be up here. So, I think at least the public should be able to participate and teleconference in,” Torres-Walker said.

“I sat here for almost three years with people calling in over Zoom calling me everything but a child of God, grossly misinformed all the time, and I was told to get a thick skin. Nobody wanted to vote to take teleconferencing away until they started experiencing that same backlash. Now, it’s like if someone wants to talk crap to me they gotta show up in person. They should be able to use teleconferencing to do it and we all need to get a thick skin…and we should bring teleconferencing back for the public.”

“We are not making up rules as they go along. They’ve been written in the agenda for some time,” Thorpe responded. “Not making two comments at the meeting was pointed out by the City Clerk’s Office. We just didn’t enforce the rule and I was pointed out that we needed to enforce the rule by the City Clerk’s Office.”

Barbanica then moved approval, seconded by Ogorchock to continue holding city council, board and commission meetings in person without teleconferencing. Without any further discussion, the motion was adopted.

But it was at the end of the meeting, during the Council Communications and Future Agena Items portion, that Torres-Walker took a swipe at her fellow council members for their decision saying, “I’ve always been against ending teleconferencing. Because no matter whether I like to hear what the public has to say or not, I listen. Tonight, I think what we just saw was like, replay this because you just got to see people say they don’t want to hear you. And so, because we are coming up on an election year, they’re going to want to hear from you when they’re knocking on your doors, canvassing your neighborhood and they’re going to want to have your vote when you go to the ballot. So, I’m going to keep asking for this to keep coming back whether we vote for it or not.” She asked for the matter to return to a future council meeting agenda for further discussion. (See 3:36:04 mark of meeting video)

Her accusation didn’t sit well with Barbanica, who said later, “That was a ridiculous comment by her. Absolutely ridiculous. Let’s not allow people to abuse the system and target people.”

“So, if Tamisha doesn’t get her way, she’s going to weaponize others of us running for office?” he asked. “We never did that to her. I could not believe she made that statement.”

“As she was making that statement, the Brentwood Council fell victim to exactly the reason we made the decision to not to return to public comments by Zoom. It was abused,” the District 3 Councilman continued. “We had people appearing to be intoxicated, singing, using profanity. There are other cities that are having religious groups, etcetera being singled out. I was told by city administration that other cities have experienced people going on Zoom making pro-Nazi, anti-semitic comments, faking their names, using names of famous Nazis. That was the exact thing we were concerned with.”

“It was done during COVID when people couldn’t attend meetings in person,” he explained. “This has nothing to do with elections. We are still making sure people are heard. To sit at home and hide behind your keyboard and use Zoom as a weapon to spread hate speech and your own personal hate was never the intent.”

“Lamar and I had it happen to us during subcommittee meetings,” Barbanica shared. “They tried to put photographs up on the screen. We killed it. But it showed me right there how people have abused the system. When I was at Cal Cities, they had a talk about it, that people were weaponizing it for their own hate speech.”

Racist Comments on Zoom Call-In During Brentwood Council Meeting

An Oct. 1st tweet on X by the Brentwood Press confirmed Barbanica’s comment. It reads, “at our City Council meeting (Tuesday) night, a man called in to talk about kosher soap developed in Germany. He was cut off as this comment did not seem to be on topic, and he yelled, ‘Heil Hitler! White Power!’ before hanging up.” A resident submitted a letter to the editor decrying the hate speech.

According to an Oct. 4 ContraCosta.News report, Brentwood Mayor Joel Bryant apologized to the public for hearing the comment and Brentwood City Manager Tim Ogden issued a statement condemning the hate speech.

Brentwood Rabbi Responds

In response to the comments made during the Brentwood City Council meeting, Rabbi Peretz Goldshmid, Director of Chabad of the Delta said, “When it’s dark outside you don’t need to be told you need a flashlight. This is the time to call for everyone to stand up and say something positive in response.”

“When one idiot talks, we need a thousand people to stand up and respond. Instead of the story being hate speech it should be about the thousand people offering good speech,” he continued. “The only way to stop the damage is with positivity in general and specifically about this incident.”

Peretz issued the following statement on Oct. 4:

“Positivity is the best weapon against antisemitism. Such awful sentiments must be responded to! Every individual, and especially those with a platform, should make a clear statement that we do not accept such behavior and that, on the contrary, we stand with the Jewish community and all that stands for good.

When we do, the attempted attacker will learn that negativity will always be met with an outpouring of positivity. So, I invite you to be part of the positive response! 

It is also important to remember that antisemitism is not just a problem for the Jewish community. It is a problem for all of us. When we stand up against antisemitism, we stand up for justice and equality for all people.”

Walnut Creek City Council Also Ends Remote Public Comments Remote public comments during Walnut Creek City Council meetings were also discontinued City Manager Dan Buckshi announced during his report on Tuesday, Oct. 3, 2023. He said council meeting public comments have been hijacked throughout the state

Antioch Police Officers’ Association suing City to obtain Mayor Thorpe’s phone records

Tuesday, September 26th, 2023

APOA attorney says City claims there aren’t any; council will address lawsuit during tonight’s closed session Tuesday

Thorpe claims he doesn’t use personal cell phone for city business; issues statement calling lawsuit “intimidation tactics”

Attorney says during five months of the text scandal investigation only 5 or 6 cops on leave of the 15 or 16 his office represents have been interviewed

“So, they’re just sitting there earning money because of the disfunction of the City leaders” – Mike Rains, APOA attorney

By Allen D. Payton

During their meeting tonight, Tuesday, Sept. 26, 2023, the Antioch City Council will address in closed session a lawsuit by the Antioch Police Officers’ Association (APOA). Asked about reasons for the lawsuit the APOA’s attorney, Mike Rains, said it’s to obtain Mayor Lamar Thorpe’s phone records because the City won’t provide them, claiming they couldn’t find any. The Public Records Act request covers the nine days prior to Thorpe’s Wednesday, March 30th press conference when he spoke about the investigation into the racist text scandal among Antioch officers. (See related article)

In that press conference, Thorpe read from prepared text saying, “Monday I received some information that has arisen from an ongoing investigation of the Antioch Police Department. Several additional officers have been placed on administrative leave. Let me be very clear I’m not here to confirm the number of officers that are involved nor am I here to confirm any rumors or speculations about the nature of what was discovered.”

Since that time, about 35 officers have been on leave, all paid until last month when three of the officers who have been charged with crimes by the Contra Costa DA’s Office, were placed on unpaid leave.

The lawsuit (Case number N23-1629 in Contra Costa Superior Court) is seeking “records reflecting telephone calls, emails, and text messages sent or received by City of Antioch Mayor Lamar Thorpe concerning the initiation of a non-criminal administrative investigation into allegations of misconduct by City of Antioch police officers concerning text or email messages allegedly containing graphic references to issues regarding race, ethnicity or national original, or sexual preference and/or sexual identification, which have become the subject of media scrutiny.”

“This started months ago,” Rains explained. “We sent a Public Records Act request to the City to get the records from the mayor’s phone, texts, emails and phone calls to others, from about March 21-30, the nine days before his March 30th news conference announcing that this investigation of the text messaging was going on. He couldn’t provide details. The chief had not given him any information at all. He claimed the city manager had briefed him. But the city manager didn’t know anything. So, where was he getting his information?”

“Larry Wallace from the DA’s office had put together his two reports on the texting and I believe Thorpe was getting his information from Wallace directly,” Rains stated. “I don’t know. But we have a right to know where he’s getting his information about public business. It’s a public record.”

“We asked for that information but the former assistant city attorney who quit during a meeting and just walked out, wrote us a letter asking for a extension, saying ‘we need to look at it,’” Rains shared. “Then we give her the extension then she sent us a letter claiming they didn’t have anything.”

“So, we asked how she had searched the mayor’s phone. We got crickets,” he continued. “Then we sent another letter asking for the same thing and threatened but they didn’t respond. So, we did. That’s what tomorrow is about.”

“They have to do a search according to state Supreme Court based on a case out of the City of San Jose, that had to do with records requests for council members private phones,” Rains said. “I have a feeling they never did the search. I’m sure the mayor has since tried to delete everything. That would probably cause us to get the phone and do a forensic analysis to get all the deleted messages.”

Text Scandal Investigation

Regarding the investigation of the officers on leave for the racist text scandal, Rains said, “The city’s lawyers who they’ve retained and another group that they’ve retained to do something else, they’re going through all kinds of law firms, including the few interviews of the cops on leave for the texts. They’ve only done about five or six interviews. They still have about seven or eight guys they need to interview, guys who shouldn’t be on leave at the request of the mayor and the city attorney, not with the support of Chief Ford.”

“We had all these interviews set up for 15 of the cops but at first, they said they were only going to do one interview,” he continued. “I think we’ve had three different investigators, now, that have done the five or six interviews. The first one from Los Angeles didn’t even show up. Then they hired the Hispanic lady. She was nice and did one or two interviews. Then they hired some guy who did a couple interviews.”

As previously reported, City Attorney Thomas L. Smith hired Cerritos, CA-based Angela Powell, a partner in the law firm of Atkinson, Andelson, Loya, Ruud & Romo, to conduct the investigation of the text messages. She has 26 years’ experience as an attorney. Her services ended by Monday, May 15, the day the interviews of the officers were to begin. In her place, the City hired San Jose-based attorney Allison Hernandez, a Senior Associate with the law firm of Burke, Williams & Sorensen who earned her law degree in 2016.

Asked about Powell, Rains said, “She said she was going to be fair. She wasn’t going to let anyone tell her what to do. The next thing I know is we had another lady showing up to do the interviews. I think she didn’t find anything they could do.”

Asked about the other officers on leave Rains said, “I don’t know what they did with Rombough. We don’t represent him. I don’t know how many they think they still need to interview. We don’t represent all these guys. We represent somewhere around 15 or 16 cops on leave, who were mostly recipients of group texts. Of those they’ve only interviewed half in about five months.”

“So, they’re just sitting there earning money because of the disfunction of the City leaders,” he added.

Asked if there is any communication between his office and the investigators Rains stated, “No. The city attorney and the mayor have cut the investigators out of any communication with the department. Even Chief Ford couldn’t speak with them. Usually in the scheme of things, when outside investigators are hired, the chief coordinates it, working with staff setting up interviews. Ford wasn’t even in the picture.”

“All the attorneys have been brought in by the city attorney,” Rains continued. “So, the chief isn’t involved in any of it, and I think that includes the current, acting chief. He’s just sitting on the sidelines, too.”

Asked if he knows when the interviews and the investigation will conclude, Rains replied, “No idea.”

Questions for Thorpe, City Attorney

Questions were sent to both Thorpe and City Attorney Smith Monday night giving them until noon Tuesday to respond.

They were asked if Rains’ claims are true that the City won’t provide the records from the mayor’s personal phone from March 21-30 because they claim there aren’t any.

Thorpe was asked, if that is true, if he had deleted any phone calls, text or email messages on his phone from that period.

They were also asked if it’s not true, and there are records of phone calls, text and email messages from the mayor’s phone, why haven’t they been provided if they are a public record.

Thorpe was then asked if he has a city-issued phone that he uses for city business and if not, how does he communicate with members of the public and others regarding city-related business.

Finally, the mayor was asked if he received his information about the text scandal from anyone in the Contra Costa DA’s Office, including Larry Wallace.

Smith was then asked if only five or six of the 15 or 16 officers represented by Rains’ law firm have been interviewed by the outside investigators. He was also asked, “If so, why haven’t they all been interviewed yet in the five months since they’ve been placed on leave and when will they be interviewed?” If that’s not correct, how many of the 35 or so officers on leave have been interviewed during the investigation? Have the outside investigators been given a deadline for completing the interview and investigation and providing you and the city council with a final report?”

Thorpe Says He Doesn’t Use Personal Cell Phone, Uses Home Landline for City Business

Thorpe said he doesn’t use his personal cell phone for city business, but uses his home landline, instead.

“I use this phone, right here,” he stated during a phone call Tuesday morning. “I have another cell phone but I don’t give out that number as too many people have my other number and I get texts and phone calls on that.”

Source: Mayor Lamar Thorpe’s X (formerly Twitter) feed.

Labels APOA’s Lawsuit “Intimidation Tactics”

Later, on Tuesday afternoon, Thorpe posted on his official social media accounts the following:

Statement Regarding Antioch Police Union’s Intimidation Tactics

“I’m deeply troubled and disappointed that the Antioch Police Officers Association -a.k.a. the Police Union- still doesn’t get it.

Current and former members of the Antioch Police Department are being indicted by the US Department of Justice. Several more are being charged with state crimes by the Contra Costa District Attorney.

Two state agencies are investigating the department including California’s attorney general. The city is currently investigating members for racist text messages discovered by the FBI.

And, lastly, the city council approved my request for audits of the internal affairs process, hiring and promotions practices, and to examine patterns and practices.

Right now, the police union should be working with my colleagues and me to build a department that is reflective of our city’s values. Instead, the police union is busy trying to intimidate me and City Hall with the same old, tired tactics of yesteryear by aiming to turn me into the 800-pound gorilla in the room.”

Because it didn’t answer the questions posed to him or explain how there are no record of texts, emails or phone calls as requested by the APOA’s attorney, Thorpe was again asked if he uses a city-issued cell phone. He was also asked when he stopped using his personal cell phone for city-related business. He did not respond prior to Tuesday’s closed session meeting which began at 6:00 p.m. or by publication time.

Smith also did not respond prior to publication time.

UPDATE #1: Rains Responds to Thorpe’s Statement

In response to Thorpe’s statement Rains wrote, “It’s nonsense.  We have been trying to get a straight answer from the City for five months concerning calls/texts/emails sent and/or received by Thorpe with other City or DA employees in the week or so preceding his March 30 press conference announcing the texting investigation, even though no text messages had been released to the City or the media before March 30.  The City refused our request to describe any search conducted of his cell phone for the information, and we told them if they continued to refuse our request for transparency, we would seek relief in Superior Court.  They did nothing and we were forced to file the writ.”

UPDATE #2: Following Tuesday night’s closed session, Attorney Smith reported out about the lawsuit stating, “no reportable action.”

UPDATE #3 (9/27/23): When reached later for comment asking again when he stopped using his personal cell phone for city business Thorpe said, “I’m not going to answer any questions related to the investigation.” But the mayor did say he doesn’t have a city-issued cell phone.

Antioch Council to deal with police officers association lawsuit, receive acting chief’s update during Tuesday meeting

Monday, September 25th, 2023

6 more officers to be added to the force tomorrow; only 44 positions in service out of 115 authorized

Auto thefts up 85.7%, burglaries increased a 62.5% and robberies up 47.2% compared to last year

By Allen D. Payton

During next Tuesday’s closed session portion of their meeting the Antioch City Council will receive information on a lawsuit by the Antioch Police Officers Association (APOA) and will receive a report from Acting Chief Vigil on police department staffing and activities.

The presentation is in response to District 2 Councilman Mike Barbanica’s request and following discussion during the council’s September 12th meeting of hiring retired officers to supplement the currently depleted ranks of police force. That’s due to 16 unfilled positions and the 51 officers on leave mainly from the two police scandals and investigations.

“The chief will provide a presentation so we can make a determination if we want to hire retired officers,” Barbanica shared. “Tamisha supported having the presentation, as well.”

On the closed session agenda, the council will deal with, “Significant exposure to litigation pursuant to California Government Code section 54956.9(d)(2): Antioch Police Officers Association v. City of Antioch et al., Superior Court of the State of California, Contra Costa County, Case No. N23-1629.”

Attempts to reach APOA attorney Mike Rains for details of the lawsuit were unsuccessful prior to publication time.

Acting Police Chief’s Update

The council will also receive a report from Acting Police Chief Joe Vigil about the department staffing and activities. The report shows there are currently 115 authorized positions, 95 of those positions are filled, but only 44 are positions are in service, 31 officers are assigned to patrol. The department is averaging over 100 calls per shift, on a modified work schedule with seven officers assigned to investigations who are averaging a case load of just over 300 cases, and seven detectives are doing all filing and follow up.

His report also shows the latest Part I Crime statistics comparing this year to last year, of a 33.3% increase in homicides, 62.5% increase in burglaries, robberies up 47.2% and theft increased 19.4%. The report also offers some good news showing a 57.1% decrease in arson, rapes down 25.8% and aggravated assaults decreased by 18.2%. Overall Part I Crime increased by 31.09%.

Recently, Vigil shared that there are currently 12 recruits in the academy and six officers will be given their oaths of office during a ceremony earlier in the day on Tuesday.

The closed session begins at 6:00 p.m. and the regular meeting begins at 7:00 p.m. in the Council Chambers at Antioch City Hall, 200 H Street. The meeting can be viewed on Comcast Cable Channel 24, AT&T U-verse Channel 99 or live stream on the City’s website. Those who wish to speak during public comments must attend in person. See complete meeting agenda, here.

Please check back later for updates to this report.

Antioch Council reverses course on directly hiring police chief

Saturday, September 23rd, 2023
Antioch District 4 Councilwoman Monica Wilson offers her support for Mayor Pro Tem Torres-Walker’s proposal as the other council members listen during the Sept. 12th council meeting. Video screenshot

Leaves it with city manager after Torres-Walker adds sunset clause opposed by Thorpe

By Allen D. Payton

During their meeting on Tuesday, Sept. 12, 2023, on the second reading of the ordinance for directly hiring the police chief, the Antioch City Council voted 2-3 after Mayor Pro Tem Tamisha Torres-Walker added an amendment to sunset the ordinance of 12 months or hiring a permanent city manager. Her compromise was supported by District 4 Councilwoman Monica Wilson but opposed by Mayor Lamar Thorpe.

During their meeting on August 22, the council voted 3-2 to changing the City’s organizational structure by transferring from the city manager to the city council the authority to appoint, supervise and remove the police chief, with District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock voting no. But it required a second reading and vote.

Antioch’s current Council-Manager form of government organizational chart will remain the same following the Tuesday, Sept. 12th vote.

During discussion of the motion before that vote, Torres-Walker proposed a time limit of possibly one year for the authority to revert back to the city manager which was supported by District 4 Councilwoman Monica Wilson. But that was not included in the motion the council adopted.

In a post on her official Facebook page on Monday, Sept. 11, Torres-Walker posted a video and reiterated her support for a time limit writing, “Chief of police oversight…after some refleacting [sic] I believe that the comprise I attempted to offer my colleagues on Council was a reasonable one.”

After Barbanica requested the item be removed from the Sept. 12th consent calendar so it could be voted on separately, Torres-Walker followed up on her commitment saying, “I offered the compromise because, one, most of us work full time. We also want to have a close eye and a transparent process for hiring of a new chief. But I just do not think this new policy should be the order of the day. I do think we need to have a term to time this policy out whether it’s 12 months or upon the hire of the permanent city manager. That is the compromise I’m offering today or else I will not be voting to move forward with this ordinance.” (See 3:06:40 mark of council meeting video)

But Thorpe said, “I’m personally sticking with the original proposal.”

“Then there will never be oversight,” he said about Torres-Walker’s proposal.

“The purpose of this was towards accountability, transparency and all that good stuff,” the mayor continued. “But I can’t personally support your policy. If you can’t support it without that in it then it just won’t pass.”

Torres-Walker responded, “then it just won’t pass, and we can move on.”

“Yep,” Thorpe replied.

District 4 Councilwoman Monica Wilson then offered her support for the compromise saying when it first proposed, “I was very interested. Over the last couple weeks…I’ve had an opportunity to think more and more about it and I’m in agreement with you. I support you with that.”

“Being reasonable is what I’m asking for,” Torres-Walker stated.

“We’d have to bring it back for a new reading,” said City Attorney Thomas L. Smith.

She then made a motion to amend the ordinance to add a sunset of 12 months and/or the hiring of a permanent city manager. But the proposed amended ordinance failed on a 2-3 vote with Thorpe joining Barbanica and Ogorchock in voting no.

“Seeing there’s no other motion we’ll move on,” Thorpe stated.

Antioch Council reverses course on directly hiring police chief

Leaves it with city manager after Torres-Walker adds sunset clause opposed by Thorpe

By Allen D. Payton

PUBLISHER’S NOTE: Apologies for the late publication of this article. I have been recovering from surgery over the past few weeks. Thank you for the prayers and well wishes to those readers who offered them.

During their meeting on Tuesday, Sept. 12, 2023, on the second reading of the ordinance for directly hiring the police chief, the Antioch City Council voted 2-3 after Mayor Pro Tem Tamisha Torres-Walker added an amendment to sunset the ordinance of 12 months or hiring a permanent city manager. Her compromise was supported by District 4 Councilwoman Monica Wilson but opposed by Mayor Lamar Thorpe.

During their meeting on August 22, the council voted 3-2 to changing the City’s organizational structure by transferring from the city manager to the city council the authority to appoint, supervise and remove the police chief, with District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock voting no. But it required a second reading and vote.

During discussion of the motion before that vote, Torres-Walker proposed a time limit of possibly one year for the authority to revert back to the city manager which was supported by District 4 Councilwoman Monica Wilson. But that was not included in the motion the council adopted.

In a post on her official Facebook page on Monday, Sept. 11, Torres-Walker posted a video and reiterated her support for a time limit writing, “Chief of police oversight…after some refleacting [sic] I believe that the comprise I attempted to offer my colleagues on Council was a reasonable one.”

After Barbanica requested the item be removed from the Sept. 12th consent calendar so it could be voted on separately, Torres-Walker followed up on her commitment saying, “I offered the compromise because, one, most of us work full time. We also want to have a close eye and a transparent process for hiring of a new chief. But I just do not think this new policy should be the order of the day. I do think we need to have a term to time this policy out whether it’s 12 months or upon the hire of the permanent city manager. That is the compromise I’m offering today or else I will not be voting to move forward with this ordinance.” (See 3:06:40 mark of council meeting video)

But Thorpe said, “I’m personally sticking with the original proposal.”

“Then there will never be oversight,” he said about Torres-Walker’s proposal.

“The purpose of this was towards accountability, transparency and all that good stuff,” the mayor continued. “But I can’t personally support your policy. If you can’t support it without that in it then it just won’t pass.”

Torres-Walker responded, “then it just won’t pass, and we can move on.”

“Yep,” Thorpe replied.

District 4 Councilwoman Monica Wilson then offered her support for the compromise saying when it first proposed, “I was very interested. Over the last couple weeks…I’ve had an opportunity to think more and more about it and I’m in agreement with you. I support you with that.”

“Being reasonable is what I’m asking for,” Torres-Walker stated.

“We’d have to bring it back for a new reading,” said City Attorney Thomas L. Smith.

She then made a motion to amend the ordinance to add a sunset of 12 months and/or the hiring of a permanent city manager. But the proposed amended ordinance failed on a 2-3 vote with Thorpe joining Barbanica and Ogorchock in voting no.

“Seeing there’s no other motion we’ll move on,” Thorpe stated.

Former Antioch mayors, councilmembers take issue with Thorpe’s claim they’re guilty of “absolute murder” for lack of oversight of APD

Thursday, August 24th, 2023
Antioch Mayor Lamar Thorpe gestures while accusing former councils of getting away with “absolute murder” during angry, raise voice rant on matter of the city council directly hiring the police chief at their meeting on Tuesday, August 22, 2023. Council meeting video screenshot.

Deny current problems were “decades in the making”

“I am not aware of any city councils on which I have served committing any acts of murder. Additionally, I am not aware of any of my fellow city council members committing acts of arson, burglary, nor being arrested or cited for DUI – driving under the influence (with Blood Alcohol Levels of .121% and .124%) or allegedly sexually harassing any women resulting in any settlements with the county for $350,000 or in a fit of rage challenging any community members to step outside to fight.” – former Mayor Wade Harper (2012-16)

Thorpe does not back up claims, apologize

By Allen D. Payton

During the Antioch City Council meeting Tuesday night, August 22, 2023, Mayor Lamar Thorpe reacted angrily to comments by former councilman Ralph Hernandez, who accused the mayor and District 4 Councilwoman Monica Wilson of ignoring his accusations against Antioch police officers, including murder, before Thorpe was elected mayor. Thorpe claimed if they had it would have been illegal and that it was not appropriate to be done in a closed session meeting of the city council. Later in the meeting, the mayor accused Hernandez, who was elected in 1992, former Mayor Don Freitas, who served from 2000 to 2008 and all former councils of getting “away with murder, absolute murder, because of a lack of oversight of the police department.”

Thorpe’s Accusations

As previously reported, Thorpe said in his comments on the agenda item regarding the council directly hiring and supervising the police chief instead of the city manager (See 1:16:00 mark of council meeting video), “What has happened in our city…residents like them and city councils in the past have failed to provide oversight of the police department. Ralph Hernandez was a member of the city council. He failed to provide oversight of the Antioch Police Department because this was decades in the making,” he shouted, raising his voice louder. (Hernandez served on the city council from 1992 to 1995).

“Who was the mayor when you got beat up?” Thorpe asked a member of the audience. “Don Freitas was the mayor. He failed to provide oversight of the police department.” (Freitas was elected to the city council in 1998 and served as mayor from 2000-2008).

“So, you can come in here and point the finger all you want. I don’t give a damn,” Thorpe continued with a raised voice. “Because the residents of this community have demanded the change we’re making, here today if the council continues in this direction. Because for decades residents like you have allowed the council to get away with murder, absolute murder, in failure to provide oversight.”

Former Mayors and Councilmembers Respond

Those accusations aren’t sitting well with many former Antioch mayors and council members, including the two he mentioned directly by name, who were asked if they had a response.

Former Councilman Ralph Hernandez, who served on the council from 1992-95 responded to Thorpe’s direct accusation against him with, “both myself and my wife Norma Hernandez, who served on the council from 1996-1998, as well as other past Antioch Mayors and Council Members, served on the Antioch City Council and we never ‘swept under the rug’ or covered up any known or reported Antioch Police misconduct, especially any reported crimes or reported Murders by some of the Antioch Police.

As many of our citizens are now realizing, our current mayor, Lamar Thorpe, falsely tries to deflect his own questioned responsibility in doing so! He tries to deflect his own failures and potential crimes to others and again tries to rant and rave to his supporters, how everyone else is responsible.

I have repeatedly reported criminal police misconduct in accordance with the laws and can, and will, provide witnesses, evidence, circumstances, etc., to back up what I have reported over the years! This too I have done over the years via the F.B.I. and the D.A.’s Office, to include to our city council and past city manager! Not my/our fault that Mayor Thorpe and Councilwoman Monica Wilson did nothing known about it (the reported murders and other discovered felony crimes by a small ‘gang’ of Antioch Detectives/Officers). The suspected coverups of such serious matters includes recent past Antioch Police Chiefs who were reported to also, and the reporting will back it up as to their involvement!

It is overdue that a criminal Grand Jury be empaneled by the District Attorney’s Office to look into these matters, as I also have requested over these past years! Those responsible also, as accessories under the law, to include the suspected coverups by past identified Antioch police chiefs, Mayor Thorpe, Councilwoman Wilson, etc., need to be held accountable too!

Our Antioch community needs a serious cleanup from these unresolved matters, and bring back the Antioch community to a sane environment that we all deserve!”

Former Mayor Don Freitas, who was first elected to the city council in 1998 and then elected mayor in 2000 and again in 2004, responded to Thorpe’s direct attack on him with, “Here’s my response to Lamar’s comment about me: Lamar Thorpe is a very paranoid individual. If you are not hundred percent in lock step with him, he will do everything in his power to ridicule you, immediately call you a racist and try to slander your reputation.

His off the wall comments last night regarding oversight of the Police Department when I was Mayor is completely and utterly without merit. Clearly, he will lie and distort the truth only as an attempt to make himself politically popular in the community. How sad. How very sad. He needs help.”

Former Mayor Wade Harper, who was elected to the city council in 2010, then elected the City’s first Black mayor in 2012, issued a press release entitled ‘Lead With Excellence and Integrity’ to local media on Thursday, referring to himself as a “Private Citizen”, responding to Thorpe’s accusation.

“Allen Payton contacted me and asked if I had a response to the current mayor calling the previous city councils ‘murderers.’ I did not watch the city council meeting. I have since read the quote. There is a professional courtesy that former mayors extend to the current mayor. We realize that the current mayor has the mandated responsibility to make decisions for the city, along with his or her city council. I may privately disagree with certain decisions, but typically I avoid public criticism, because I understand that each administration faces unique challenges, and they must act according to their own judgment. I refrain from publicly criticizing the current administration. I think my stand of unity and support could be more beneficial to the city’s overall well-being rather than constantly criticizing everything this city council does.

When the current mayor was elected, I called him on election night and congratulated him. We shared a private laugh. I also offered that he could call upon me if he needed to. I could offer advice from what I learned from the challenges that I experienced.

Advice #1 Lead with excellence and integrity and be the leader that you want to see.

Advice #2 Don’t pass the buck – take accountability for what happens on your watch. It is easy to blame previous administrations. What I learned about blame is that there is always plenty to go around.

Advice #3 Show love to your community as well as your colleagues on the city council. And give a listening ear.

Like most Antioch residents, I am certainly saddened and angered by the acts and racist texts committed by certain police officers (not all officers). I am not always happy with this current city council. I understand that they have a tough job, navigating these uncharted waters of overt, racial discrimination, and criminal insensitivity.

Now, as far as the bashing of previous city councils, let me say this. To say that previous city councils have committed “murder” because of lack of police oversight is irresponsible. This is a very harsh and mean-spirit statement toward your former colleagues who led with integrity and excellence. Do not lead with anger, vendetta, and vitriol.

‘Residents like you have allowed the council to get away with murder, absolute murder, because of a lack of oversight,’ – mayor Lamar Thorpe to Hernandez, the main opponent of the change. (Emphasis included)

The Antioch city council has decided to grant themselves the authority to hire and fire the police chief. Now that you have made that decision, consider attending a Citizen’s Academy to learn more about the law enforcement profession so you can lead effectively. You will learn what the word ‘murder’ truly means and how families and lives are impacted by such a tragic crime. Antioch is hurting right now, and we need leaders who will lead. Return the hiring authority back to the city manager ASAP so that you won’t be tempted to put politics into the profession.

I am proud to have served the City of Antioch as mayor, alongside very fine city councils, city managers and police chiefs. I maintained open communication with the police chief and received regular reports on crime as well as plans on making the community safer. Yes, we also addressed personnel matters in closed sessions a few times. So, the current mayor should not blame past city councils for the unique problems and issues that this current city council now faces.

So, for the record, all past city councils, including myself, have made mistakes. But I am not aware of any city councils on which I have served committing any acts of murder. Additional I am not aware of any of my fellow city council members committing acts of arson, burglary, nor being arrested or cited for DUI – driving under the influence (with Blood Alcohol Levels of .121% and .124%) or allegedly sexually harassing any women resulting in any settlements with the county for $350,000 or in a fit of rage challenging any community members to step outside to fight.”

Former Mayor Joel Keller, who served from 1984-94, responded with, “You’re right. APD was a different department in the past. It might be helpful if someone unemotionally explained how the change occurred. The accused officers are assumed innocent until proven guilty, but the breath of the allegations suggest a breakdown of leadership. I don’t mean political leadership, but rather management. Let’s start with who approved the President of the APOA being responsible for disciplinary investigations. My mother who only had a primary education would say that’s like ‘putting the fox in charge of the henhouse.’ I don’t know who is responsible, but an action like that violates Human Resources best practices and any peace officer with administrative responsibilities would have been taught that when they were promoted to manager.

APD needs to change and needs responsible leadership. Mayor Thorpe may not be the best spokesperson for change, but he is right about the need for reform. I was a peace officer for 35 years and the Mayor of Antioch for 10. I am embarrassed by the almost daily revelations about alleged wrongdoing. (Really, tequila to fix tickets?)

Someone, maybe the Antioch Herald, needs to get past the name calling and investigate what changed at APD that enabled this despicable conduct to not only exist, but flourish.”

Former Mayor Mary Rocha, who served on the council a few times, and mayor from 1996-2000, and who is and the current Antioch School Board Area 5 Trustee, responded with, “He’s trying to point fingers at everyone else. But things didn’t start to fall apart until after he was elected then elected mayor. A good example is he took away our money to put the resource officers into the school system.” (See related article)

Former Mayor Jim Davis, who was elected to the city council in 1998 and mayor in 2008 said in a direct response, “Mr. Mayor, you owe every prior mayor and councilmember for the past 30 years an apology or at least a retraction. No council allowed anyone to get away with murder, your comments are slanderous against all of the citizens of Antioch. You should be held liable.”

Former Councilwoman Norma Hernandez added her own comments to those by her husband about Thorpe’s accusation saying, “Mayor Thorpe can’t blame the past councils in the City of Antioch for what is happening, today that he, himself ignored and has created. He has to stop blaming others from the past. He needs to look in the mirror. I have been here for years, and I have never seen Antioch in this condition, and it has escalated within the last few years, big time.

What he has to start doing is knowing what his job truly is and stop attacking people from the dais. That is not lawful for him to do so. Those people are not on the agenda, and he calls them by name.

We didn’t have these problems with the police department when we were on the council. He’s lying through his teeth. Any issue with the police, we took care of, and it was confidential because it was a personnel matter. We didn’t ignore anything. He’s full of it. There was never anything like this.

He’s covering up for his incompetence, currently. He’s following the old game of, ‘look over there, look over here’ while he’s the one destroying the community. He’s trying to get the focus off of him when the real problem is him. He’s blaming everyone else for his deficiencies as the mayor.

The bottom line is, all the people he’s holding responsible and criticizing, currently I would vote for any of them over him.”

“I never hear anyone on the council, or the city attorney tell Thorpe, ‘point of order’ when he’s breaking the rules by calling people out by name. He can’t do that. None of the council members can,” Hernandez stated. “Definitely, he needs to go away. Next year the voters can make that happen. All the people he criticized have supporters in this town and they no longer support him and want him to step down.”

Former Councilman and City Clerk Arne Simonsen responded with, “I find the actions of Antioch Mayor Lamar Thorpe to be unbelievable! During my eight years on the city council (2000-2008) I routinely visited the Antioch Police Department, speaking with officers, dispatchers and Community Service Officers. I doubt Thorpe ever did that. I also doubt if Thorpe, Wilson or Walker know anything about PORAC (Police Officers Research Association of California). I attended several statewide PORAC conferences. The council I served on all had great relations with our police officers. Moving the hiring of the police chief, and the police department under the control of the city council is simply wrong. It belongs under the direction of the City Manager who knows municipal and Human Relations laws and responsibilities.

We had a mayor and a couple council members who don’t even understand the Map Act, let alone what PORAC does. I can only hope that a referendum could overturn this ordinance or that a new council rescinds it as the first order of business. Arne Simonsen, MMC” (Master Municipal Clerk)

Former Councilwoman Joy Motts, when reached for comment about Thorpe’s accusation responded, “Well if that is true then he and especially Monica are part of the problem. The truth is that none of us were aware that there were issues within APD, I think a realization many communities came to in 2020 and over the last few years.”

She also wrote about the police body cameras and Thorpe’s initial opposition to them, and then his delay in getting them approved.

“What frosts me is, as one of the last actions in Nov. 2020 after I lost reelection was that I brought forward an opportunity to purchase body cameras for our police officers,” Motts continued. “Chief Brooks and the City Attorney encouraged me to bring forward a motion to use roll over funds that we were determining it’s use at that meeting to use for body cameras.  We had close to $400,000.  Body cameras were not in our budget, so this was a perfect opportunity to help APD and the citizens of Antioch.

Lamar, who had won his election for mayor, Monica and Sean and Lori voted it down.  So, we had an opportunity to bring body cameras six months before Lamar brought them forward the next year, delaying the much needed transparency the community wanted.  Why did he do this? Because it had to be him that brought forward the idea…rather than doing what was the most expedient and best for the community. It’s all about him!
It’s a matter of public record… our meetings were all Zoom, then. I am not sure of the exact date of the meeting or the exact dollar amount. But both Chief Brooks and Thomas, the city attorney were supporting this and so was I. I was shocked that Lamar, who was running on police reform, passed up on this opportunity and great first step. It’s on the record.”

Current District 2 Councilman Mike Barbanica also weighed in saying, “I think it was a ridiculous statement and I know we have three council members, including the mayor, who have served multiple terms while these issues were occurring. They need to step up, stop blaming others and take responsibility.”

Questions for Thorpe Go Unanswered, Opportunity to Apologize Ignored

Efforts to reach Thorpe via email and voicemail with questions Thursday evening were unsuccessful prior to publication time. He was asked who it was that he claims was murdered by Antioch Police officers, which officers is he claiming committed the murders, if they are those mentioned by Mr. Hernandez in his report which he claims Thorpe ignored and would not listen to in closed session. The mayor was also asked if he has any proof to substantiate his accusations.

Thorpe also claimed in his comments that it was illegal to consider personnel matters such as the allegations by Mr. Hernandez in closed session. The mayor was asked, “Isn’t that when and where personnel matters are supposed to be discussed?”

Finally, Thorpe was given the opportunity, after having a couple days to think about, and asked if he is willing to apologize to the past mayors and council members for his accusation against them.

But he did not respond prior to publication time. Please check back later for any updates to this report.

Antioch Council again adopts tenant anti-retaliation, harassment ordinance, spends $1.2 million for charging stations

Wednesday, August 23rd, 2023
Electric vehicle charging station examples. Source: City of Antioch

Approves contract for homeless encampment cleanup

“Gentrification only happens when filthy rich people push out people who rent,” Mayor Pro Tem Tamisha Torres-Walker

By Allen D. Payton

During their Tuesday, August 22, 2023 meeting, for the third time, the Antioch City Council, on a 3-1-1 vote, approved the residential tenant anti-retaliation and harassment ordinance and unanimously voted to approve spending $1.2 million more for electric vehicle charging stations throughout the city for use by both the City vehicle fleet and the public. The council also voted to give a one-year extension to the multi-family housing project on Wild Horse Road and approved the contract for Homeless Encampment Cleanup.

Council Again Adopts Residential Tenant Anti-Retaliation, Harassment Ordinance

After approving it twice previously, the council again approved the anti-retaliation, harassment ordinance on a 3-1 vote with District 3 Councilwoman Lori Ogorchock voting no and District 2 Councilman Mike Barbanica abstaining because he owns a property management company. The council had previously adopted the measure, but with District 4 Councilwoman Monica Wilson absent for the second reading, it passed on a 2-1 vote with changes. That required the item be brought back a second time for a first reading. (See related articles here and here)

“This legislation…is not the exact one we voted on weeks ago,” Thorpe stated. “No one is going to jail under this legislation. There is no provision for jail time. It doesn’t exist. There is no presumption of guilt in this legislation. Absolutely not. We have fixed that, and I think most parties are happy with that.”

“This is about the landlord’s intent if it’s in bad faith and it is, by the way, on the tenant to prove,” he added.

During another session of public comments – limited to just one minute each – on both sides of the matter, Mayor Lamar Thorpe warned members of the audience that the council meeting would end at 11 p.m. and if the council did not vote by then the item would be continued until the second meeting in September due to notification requirements for public hearings.

“Gentrification only happens when filthy rich people push out people who rent,” Mayor Pro Tem Tamisha Torres-Walker said during council discussion.

“As I’ve said before, I agree with the ordinance but there needs to be some changes,” Ogorchock said referring to a section on single-family residences. “There was something that was talked about seniors. The seniors are safe. We added that in here. Health facilities…are in, here. They’re safe.”

She asked for a few changes.

“We can remove that language and add ‘as determined by the court’ because the court can imprison you,” Thorpe said with a laugh. He asked about language in the ordinance regarding landlords towing tenant vehicles being considered harassment.

“If you remove it in bad faith, I get that,” he said. “You are the second lawyer. The first lawyer told us something different. A landlord has a right to say, ‘this car is in violation…and I have to get it towed’. It can’t be harassment.”

“All this section is saying if you remove the vehicle…if you’re not supposed to tow the car but you do it anyway, you’re in violation of the law,” City Attorney Thomas L. Smith responded. “So, why don’t we add something to that to give you some clarification.”

“If you have a parking stall, your lease requires your vehicle to be registered…to be on the property,” Torres-Walker said. “If it’s not registered then they will tow your car. When you have a single-family home…you’re also renting the driveway. So, if my car is in the driveway how can you tow it?”

“Antioch steals cars every day,” she continued. “My car almost got towed. Is that harassment?”

“What this is saying is describing something that constitutes harassment,” Smith interjected and offered additional language. “If applicable law allows for towing the vehicle, then it’s not harassment.”

“That’s all we’re looking for,” Thorpe responded. “So, we will add that.”

“I had 10 other changes,” he continued to laughter by Torres-Walker. “I’m lying. I had a few other changes.”

“This doesn’t give ACCE or any organization to just walk onto a property,” Thorpe said about another section.

“This is more complicated,” Smith responded. “What we’re saying is the landlord shall allow the to enter and organize.”

“I just want to be clear that ACCE, if they have not been invited by a resident, they have a right to go onto an apartment complex and start organizing residents,” Thorpe shared. “This will be the last thing for me.”

“This is an important one,” Smith stated. “Here it says, ‘you won’t prohibit a tenant from organizing activities…or other political activities.’ It is a question of access. This is saying, you have to allow access, but you can provide the time and location. A right to access is a property right. But there is a question there of what is the government intent? Are we granting an accesss right?  We should clarify tenants can invite you but we aren’t requiring they allow.

“Do we have to take a vote to extend the meeting,” Torres-Walker then asked.

“Yes,” Smith responded.

The council then passed a motion to extend the meeting by seven minutes on a 4-0 vote.

“Why don’t we say when hosted by a tenant?” Smith asked.

“Perfect language,” Thorpe responded who then made the motion to adopt the ordinance with the revised language.

But more wordsmithing continued to clarify the changes requested by Ogorchock and Thorpe.

Thorpe then said about the section on protecting senior residential homecare facilities, “I supported that change because I thought my colleague would support the ordinance. So, we’re striking that language.”

“That is my motion,” he stated.

The council then voted 3-1 to cheers from the audience, with Ogorchock voting against and Barbanica recusing himself. Audience members left the council chambers chanting, “this is what democracy looks like.”

Council Approves $1.2M More for Electric Vehicle Charging Stations

The council voted 5-0 to adopt a resolution approving an amendment to the Fiscal Year 2023/24 Operating Budget to increase the funding from the General Fund for the Zero Emission Vehicle Transition Project by $1,226,760 for a total amount of $1,361,814.

According to the staff presentation during the meeting, the state now requires 50% of all new cars purchased by local governments to be fully electric. If local governments are going to purchase two new vehicles, one of them has to be battery electric or fuel cell electric by state mandate, Thomas Paddon explained. “The City must act beginning next year.”

The charging stations will be available to both City vehicles and the public.

“It’s a good idea. But if 20 people have those kind of cars, then it’s not wise. I can’t afford it,” said resident Julia Emegokwae. “Elon Musk and the electric car companies should pay, not the City, not the taxpayers.”

“We’re just catering to two companies, Ford and Chevy. I just went and looked at Kias. Kia has EV cars,” another speaker said. “Other companies have EV cars and crossovers. So, I don’t know why they just want to stay on Chevy and Ford. When it’s time to buy that battery…it’s expensive every five years.”

Council Discussion & Vote

District 3 Councilman Mike Barbanica said, “you mentioned buy one regular car and buy one electric.”

“It’s a 50% procurement requirement. This is coming from CARB (California Air Resources Board,” Paddon said during the presentation. “It’s going to be an ongoing thing. All of your purchases cumulatively over the next 15 years have to be electric. Then it’s 100% after 2027. This is specifically for municipal fleets. This only applies to vehicles to heavy vehicles.”

This doesn’t apply to police Interceptors.

“If we’re only looking at F-250’s and above how many vehicles are we looking at?” Barbanica asked.

“66,” Paddon responded. “The electric vehicles will be more affordable, anyway. There are vehicles like Kia that we recommend in the light duty space.”

“The funds will come from CDC grant. It will be 25 percent cost share the city will have to come up,” he stated in response to a question by Barbanica.

“This $1.3 million is 25% of taxpayer money,” Barbanica stated.

“This is like a down payment on the infrastructure to power the entire fleet,” Paddon responded.

“The money is recommended coming out of the General Fund,” Acting Public Works Director Scott Buenting added.

“We always want to make sure we budget the money in a responsible way. So, we have to front the money. Whether we have the money or not we have to move in this direction,” Mayor Lamar Thorpe stated.

The motion to approve the additional funds for the program passed 5-0.

Gives Extension to Multi-Family Project, Approves Homeless Encampment Cleanup Contract

After passing a motion to adjourn, the council voted to reopen the meeting 4-1 with Barbanica voting against. They then passed a motion adopting the Consent Calendar except Items H and O.

On a separate vote on Item H, regarding a one-year extension of the vesting tentative map for the multi-family housing project on Wild Horse Road, Thorpe recused himself, again because his home is too close to the project.

“The motion to go union, since it’s a private project, the city doesn’t have any power to force a private landowner to go union,” Attorney Smith explained in response to a question by Barbanica.

“This was supposed to be commercial on the front of this site,” Ogorchock explained.

“All they’re asking for, here, city attorney, is an extension?” Barbanica asked.

The motion then passed 4-0-1.

The council then approved Item O awarding a Maintenance Services Agreement for On-Call Homeless Encampment Cleanup Services throughout the City to Sharjo LLC dba ServiceMaster Restoration Management for a three (3) year term from July 25, 2023, to June 30, 2026, in the amount of $1,365,000 with an option to extend two (2) additional years from July 1, 2026, to June 30, 2028, in an amount of $951,360 for a total contract amount not to exceed $2,316,360 over the five (5) year period.

The council had previously approved the budget item during their July 25th meeting on a split vote of 4-0-1 with Torres-Walker voting to abstain.

“I do agree we need to support our city workers,” she stated. “We should have worked with Safe Streets that could help homeless folks. We could have spent this million and some change in a better way…a way that is a lot more sustainable that could have got people off the streets.”

The motion to approve passed 4-1 with the mayor pro tem voting against.

The council then voted again to adjourn the meeting at 11:20 p.m.

Because the discussion and vote on the anti-retaliation and harassment ordinance item ran past 11 p.m., the council continued the remaining item regarding discussion of potentially hiring retired police officers to help the department until their next meeting.