Resolution doesn’t mention former city manager’s name

Will consider approving $340K for another year of the 2024-25 Mayor’s Apprenticeship Program; potential creation of a Diversity, Equity, Inclusion, and Belonging (DEIB) Officer position

Proclamation recognizing Antioch-Chichibu Sister City delegation from Japan

By Allen D. Payton

Sixteen months after the San Joaquin Joint Powers Authority Board of Directors voted to decommission the Antioch Amtrak station, during their meeting on Tuesday, July 23, 2024, the Antioch City Council will consider approving a resolution to send a message opposing the closure. It’s almost two years after then-City Manager Con Johnson learned of the proposed closure from SJJPA staff and in turn informed Mayor Lamar Hernandez-Thorpe.

In spite of the mayor saying at the end of the last council meeting he wanted to include the name of former city manager Ron Bernal, who Hernandez-Thorpe has repeatedly accused of approving the closure which Bernal denies and has been proven false through public records, the mayor’s opponent in the November election is not named in the resolution. (See related article)

According to the City staff report on the item (#9 on the agenda), “The Antioch-Pittsburg San Joaquins Passenger Stop began providing service to the east Contra Costa County region in Antioch on October 28, 1994. The Stop is served by the San Joaquins line that operates passenger rail service between Oakland and Bakersfield.

According to ridership data, the Antioch-Pittsburg San Joaquins Passenger Stop has provided approximately 106,000 on-boards and 118,200 off-boards between July 2016 and January of 2024. This equates to a daily average of 82 combined boarding types.

The San Joaquin Joint Powers Authority was established after the passage of Assembly Bill 1779 on August 30, 2012. This bill enabled local and regional agencies the ability to protect the San Joaquins rail service throughout the region.

On March 24, 2023, the SJJPA voted to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station). The decision to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) did not have a comprehensive community engagement process nor an analysis concerning the impacts of their decision.

The decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) will have an immediate negative impact on the local disadvantaged community which include low-income people of color, seniors, veterans, and small businesses that rely on the station.”

Following is the resolution of opposition prepared for discussion and adoption by the city council:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH OPPOSING THE DECOMMISSIONING OF THE ANTIOCH-PITTSBURG SAN JOAQUINS PASSENGER STOP (AMTRAK STATION) IN ANTIOCH

WHEREAS, the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch, CA, has been a vital transportation hub for residents and visitors, providing essential connectivity to regional and national destinations since it;

WHEREAS, the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) has provided approximately 106,000 on-boardings and 118,200 off-boardings between July 2016 and January 2024 that equates to a daily average of 82 combined boardings;

WHEREAS, the City of Antioch is committed to maintaining and enhancing its transportation infrastructure to ensure the mobility, safety, and well-being of its residents and to support the City’s economic vitality and quality of life;

WHEREAS, the San Joaquin Joint Powers Authority was established after AB 1779 was passed by the State Legislature on August 30, 2012, to enable local and regional agencies to protect the San Joaquin Rail Service throughout the San Joaquin Corridor;

WHEREAS, the San Joaquin Joint Powers Authority voted to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) on March 24, 2023, at Robert J. Cabral Station South Hall Meeting Room 949 East Channel Street Stockton, CA 95202 without providing official notice to the City government or people of Antioch;

WHEREAS, the decision to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) did not have a comprehensive community engagement process nor an analysis concerning the impacts of the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) on riders who utilize the station to travel to and from the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station);

WHEREAS, the decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) will have an immediate negative impact on the local disadvantaged communities which include low-income people of color, seniors, veterans, and small businesses that rely on the station;

WHEREAS, the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) would adversely affect the quality of life in Antioch; and

WHEREAS, the decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) impacts the City of Antioch and other regional municipalities from accessing state funding that is associated with having a transportation corridor.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Antioch, California, hereby opposes the closing of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch and urges Amtrak, the San Joaquin Joint Powers Authority, and relevant stakeholders to explore all possible alternatives to keep the station open and operational.

BE IT FURTHER RESOLVED, that the City Council of the City of Antioch calls upon federal, state, and local officials to join in opposition to the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) and to advocate for the continued operation and investment in this critical transportation asset.

BE IT FURTHER RESOLVED, that copies of this resolution will be transmitted to the Governor of California, members of the California State Legislature, the United States Congress, the San Joaquin Joint Powers Authority, and other relevant parties to underscore the City of Antioch’s strong opposition to the closing of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station).

BE IT FURTHER RESOLVED, Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station), protest the decision of the San Joaquin Joint Powers Authority to close the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station), and call on the San Joaquin Joint Powers Authority to not eliminate regular service to the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) but rather operate both the Oakley and Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station).

Proclamation Recognizing Antioch-Chichibu Sister City Delegation from Japan

At the beginning of the meeting, the council will vote to adopt a Proclamation in Honor of Welcoming the Visiting Delegation from Antioch’s Sister City of Chichibu, Saitama, Japan. The group of 14, including 10 students and four adults, will stay with local host families while here for a 10-day tour.

Will Consider Approving $340,000 for the 2024-25 Mayor’s Apprenticeship Program

On the Consent Calendar, item K., the council will consider authorizing the Acting City Manager or designee to execute an agreement with Rubicon Programs to provide professional services from September 1, 2024, through December 31, 2025, for an amount not to exceed $340,000 for the Mayor’s Apprenticeship Program.

According to the city staff report, the program “began as a pilot initiative in November 2022 and has completed its first two cohorts…recruited young adults ages 18-26 and employed 20 underemployed, underserved and underestimated participants who faced multiple barriers, including justice involvement, homelessness and the foster care system. Participants underwent 60 hours of workforce development training before placement…(and) ongoing professional development…throughout their part-time employment. Participants were placed in the Public Works Department of the City of Antioch to practice, learn and hone skills that would equip the for future employment.”

Potential Creation of Diversity, Equity, Inclusion, and Belonging (DEIB) Officer Position

At District 1 Councilmember Tamisha Torres-Walker’s request the council will consider the potential creation of a Diversity, Equity, Inclusion and Belonging (DEIB) Officer position under agenda item #10. No information about the proposed position is provided in the city staff report including its purpose, in what department it would be placed and who the person would answer to. The report only shows, “The recommended action has no fiscal impact at this time.” But if the position is created, a salary and benefits package will be developed for it.

Across the country, government agencies, universities and businesses have been either cutting back or completely abandoning their DEI efforts due to significant backlash and the passage of new state laws according to a May 2024 report by Forbes.

According to an article on The Wharton School website, “Diversity, equity, and inclusion initiatives that began during the racial reckoning of 2020, when the murder of George Floyd renewed demands for social justice, are being pulled apart by political and cultural shifts,” and “more than 30 states have introduced laws banning or limiting DEI initiatives, and many companies are cutting their DEI teams.”

At a time the city council members are 60% Black even though according to the U.S. Census Bureau, Black residents make up only 19.5% of the  city’s population as of July 1, 2023, and the city staff has included two Black police chiefs, one permanent, one interim, a Black city attorney, two Black city managers, one permanent and the current one acting, and the Director of the Human Relations Department is an Hispanic woman, people are wondering why the position is even necessary.

The council is being asked to discuss the proposal and offer direction to staff.

The council meeting begins with a Closed Session at 6:00 p.m. in which includes conference with legal counsel on a lawsuit against the city, real property negotiation for the sale of the building at 275 W. Tregallas Road across from the Antioch Main Post Office that currently houses the Delta Learning Center, and the Public Employment – Recruitment of the City Manager.

Regular Session begins at 7:00 p.m. Council meetings can be watched livestream on the City’s website, on Comcast local cable channel 24 or AT&T U-verse channel 99, or in person inside the Council Chambers at City Hall, 200 H Street in historic, downtown Rivertown.

See the complete council meeting agenda packet.

Review deadline: July 10

By Office of Contra Costa County Supervisor Federal Glover

We need your feedback!

The Workforce Development Board of Contra Costa County (WDBCCC) and the Contra Costa County Employment & Human Services Department (EHSD) invite you to review and provide feedback on the draft document titled “Implementation Plan for Measure X-Funded Youth Centers.”

According to the county’s website, “Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters on November 3, 2020. The ballot measure language stated that the intent of Measure X is ‘to keep Contra Costa’s regional hospital open and staffed; fund community health centers, emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.’”

This document outlines the plans for three new youth centers in Supervisorial Districts 3, 4, and 5. Your input is crucial and will help county policymakers and administrators shape the design and implementation of these centers.

Public Review Period: July 1 – July 10, 2024, until 5:00 PM.

To access the document and submit your feedback, please click here: https://www.wdbccc.com/measure-x-youth-centers/

Your participation in this process is invaluable. Thank you for helping us make a difference in our community!

At Contra Costa Regional Medical Center in Martinez

By Contra Costa Health

Children and adolescents having psychiatric emergencies will have their own standalone 24/7 behavioral health crisis stabilization space in Contra Costa County starting Monday, June 24.

The new Contra Costa Youth Stabilization Unit will serve people ages 6-17 for the first 24 hours of a diagnosed psychiatric emergency when they are considered a danger to themselves or others.

Until now, youth in the county experiencing psychiatric emergencies were treated alongside adults in the Psychiatric Emergency Services (PES) unit at Contra Costa Regional Medical Center. Children and teens will now be able to receive developmentally appropriate emergency psychiatric care in a dedicated space designed for pediatric patients that is separate from the adult PES.

“This is a huge step forward for mental healthcare for youth in our community,” said Contra Costa County Board of Supervisors Chair Federal Glover. “Having a dedicated standalone space for children and adolescents will provide our kids with a more safe, secure and therapeutic environment to help them heal.”

The Youth Stabilization Unit, located at 25 Allen Street next to the Miller Wellness Center, will be able to serve up to eight minors at a time. In 2023, there were 1,072 admissions for pediatric psychiatric patients at the PES unit. The majority of those admitted were adolescents and young teens who presented with depression and suicidal ideation or intent.

Contra Costa Health has contracted with Pacific Clinics to staff the new unit. Care teams will include psychiatrists, registered nurses, licensed vocational nurses, licensed psychiatric technicians, clinicians and crisis intervention specialists. Services will include crisis intervention, mental health assessment, medication assistance, therapy, alcohol and drug screening, case management and peer support.

The program is designed to provide a calming and welcoming environment to support mental wellness. The goal is to stabilize the unit’s patients and connect them with mental health services without requiring inpatient hospitalization, although, when clinically appropriate, inpatient care may still be recommended.

Many children and adolescents suffering mental health crises are either hospitalized or arrested, which can be even further destabilizing. Having a team of mental health professionals available to provide crisis stabilization at the new facility will help divert youth from unnecessary encounters with law enforcement or visits to hospital emergency rooms.

“The new Crisis Stabilization Unit will give youth experiencing a behavioral health crisis compassionate care tailored to their needs,” said Suzanne Tavano, Behavioral Health director for Contra Costa Health. “It is going to be a tremendous resource for our community.”

“Our team’s primary goals are to provide support and safety to these young individuals in a time of crisis,” said Mary Sheppard, regional executive director for Pacific Clinics. “We will be a therapeutic, landing spot for them and aim to instill in them the belief that there is hope beyond this moment.”

Jasmine Gonzales wins All Around National Champion

Train at the Josephine Guzman Youth Center in Somersville Towne Center

By Ana Walker

Three girls from the Empower Gymnastics Academy team in Antioch recently placed first in two competitions, second in one and third in another at the National Gymnastics Association (NGA) National Championships in Anaheim, CA.

Academy owners Mike and Natalie Guzman run the competitive team at the Josephine Guzman Youth Center’s (JGYC) which offers a recreational gymnastics program for girls. It is named for Mike’s mother and located inside the Somersville Towne Center in Antioch.

The Academy’s Gold and Platinum levels compete throughout California to qualify for the Western Regional Zone Championships in Reno, last month and this year they qualified for Nationals. The team competes in four events – bars, beam, floor and vault.

Three girls from the Academy’s Gold level, Jasmine Gonzales, Josette Walker and Kaira Nwamuo, competed against girls from 27 states, Puerto Rico and Canada. They received first place on the floor routine, first place on beam routine with highest score of the meet, second place on bars and third place on vault.

A post on the JGYC Gymnastics Facebook page on June 11, 2024, reads, “This weekend was a success!!! Our Gold & Platinum competed in Anaheim at NGA Nationals & absolutely rocked it!!!

Jasmine – Beam National Champion & All-Around National Champion!

Josette – Floor National Champion!

Congrats to our champions.”

In gymnastics the athletes get individual and team scores. Beam Queen award was given to Josette and Jasmine for scoring 9.7 or higher on beam (out of 10). All three girls earned the Top Three spot as an Empower Team together. In the meet there was no placement but rather Top 3 or Top 5.

Josette received floor champ and Jasmine received all around champ

The two winners have been invited to the National team camp in Tennessee which is offered only to the top 30 girls. 

To learn more, to try out for the team or visit the gym, call (925) 350-0215.

Allen D. Payton contributed to this report.

By Allen D. Payton

Antioch High football standout, National Collegiate Champion with the Alabama Crimson Tide and #22 Running Back for the Pittsburg Steelers, Najee Harris will return home, Saturday, June 22, 2024, to hold his Da’ Bigger Picture Foundation Youth Football Camp in Eells Stadium at Antioch High School. The free, one-day camp for all athletes ages 6-18, is being held in partnership with the Antioch Unified School District Elementary Sports Program.

Participants must register at the dbpfoundation Instagram page.

8:00 AM Check in for Ages 6-12

12:00 PM Check in for Ages 13-18

Antioch High School is located at 700 W. 18th Street.

Formed in 2021, according to greaterthanthegame.org, Da Bigger Picture foundation is “a non-profit that focuses on assisting underserved families in reaching their potential and goals. The foundation’s hope is to provide tools and assistance to families facing challenging times. Some of the key areas of focus will be education, homelessness, addressing hunger, and utilizing sports as a platform to develop life skills.”

Learn more about Najee and his foundation at https://najee.net/.

For Antioch residents or AUSD students; deadline Aug. 30

The YOCH Internship program is designed for teens ages 12-15 and is a unique opportunity offering a chance to engage in meaningful work while gaining valuable skills and experiences. Some participants may even qualify for a stipend based on their age, making it both rewarding and financially beneficial.

At present, our internship focuses on tutoring younger Antioch youth in Math & Reading, serving as mentors and role models to support academic growth. To ensure the success of this initiative, applicants must have a GPA of 2.9 or higher when applying for the internship. This program is open to both AUSD students and Antioch residents, providing a platform for local youth to make a positive impact in their community while furthering their own educational development.

To apply visit antiochca.gov/register Activity Code #11422. For more information, please email us at youth@antiochca.gov or visit antiochca.gov/youth. Join us in empowering the next generation of leaders and scholars!

Following Saturday’s rash of events

Responds to mayor’s swipe about playing politics

“We should not tolerate our elected officials dodging the issues by watering down penalties or limiting the authority of the police to cite everybody involved. Push your elected officials to put a stop to this.” – Councilman Mike Barbanica

“Pittsburg has taken a different direction. They have this policy.” – Mayor Lamar Hernandez-Thorpe

Lack of ordinance due to council member absences at meetings it was discussed and voted on

By Allen D. Payton

In a video post on his county supervisorial campaign Facebook page on Monday evening, June 3, 2024, Antioch District 2 Councilman Mike Barbanica urged the public to support including prohibiting spectators in the sideshow ordinance. He also responded to Mayor Lamar Hernandez-Thorpe’s swipe at him, Mayor Pro Tem Monica Wilson and District 3 Councilwoman Lori Ogorchock for not voting to pass the second reading of the sideshow ordinance in March. As previously reported, after the council voted 5-0 in February for the ordinance banning advertising and organizing sideshows, with the mayor and District 1 Councilwoman Tamisha Torres-Walker absent, no motion was made by the three council members in attendance to adopt the new ordinance. Barbanica and Ogorchock wanted a stronger ordinance with fines for spectators and greater penalties.

As previously reported, in the mayor’s Facebook video post on Saturday night about the sideshows, he said about the three council members, without naming them, “Unfortunately, the council decided to play politics and not pass the sideshow ordinance.”

Asked “didn’t you vote against targeting spectators,” Hernandez-Thorpe responded, “No. I proposed a sideshow ordinance that targeted organizers and spectators. When it got to council there was only consensus for organizers. I defended the use of camera technology assuring the public that we did a good job of determining who was a side show spectator and who was legitimately stuck in traffic created by sideshows. It had consensus (not a vote) from the council. When it came back for first reading vote as a proposed ordinance only targeting organizers it had unanimous support (5-0). The second reading of the ordinance on consent was pulled and failed. That’s called playing politics because as you know…laws can be easily modified later. I don’t always expect to get 100% of what I propose.” (See related article)

All three council members were asked if they had a response to the mayor’s comments about their lack of action in March. Only Barbanica responded saying he would post a video on the matter.

Barbanica Urges Public to Contact Council Members to Give Police All Needed Tools

In the post of a YouTube video on his Facebook page entitled, “Side Shows and what we can do”, Barbanica wrote, “Last weekend, Pittsburg and Antioch both experienced side shows. Push your elected officials to do everything we can to give officers every tool possible to put a stop to these.”

In the video he said, “Many of you are aware I retired as a police lieutenant, I did 21 years with the Pittsburg Police Department,” I’ve been on scene where we’ve had large groups of individuals and had to work…to break up that activity. I will tell you from experience if you hear that all we have to do is cite the organizer and the whole thing will come crumbling down. That is ridiculous.

“We should be giving our officers the tools…to be able to go out and cite anybody who is there, depending on the situation,” he continued. “I’m not talking people that are stuck in their cars waiting to get through a sideshow. I’m talking active participants. These are causing havoc within our communities.”

Barbanica shared about firefighters telling him about an engine stuck in a backup caused by a sideshow on their way to an emergency. “It’s a matter of time before somebody is seriously hurt or worse,” he stated.

“I’m asking you to push your elected officials…and tell them, ‘Enough. We’ve had enough and to stop playing games and taking a potentially, a very strong ordinance and watering it down.”

“I proposed that we not only cite anybody involved with a sideshow but active participants, the folks with the video cameras, cheering it on, surrounding the sideshows. Obviously there to participate,” Barbanica stated. “And that met with resistance from politicians. For the life of me I can’t understand why we would not want to give our officers the tools to do that.”

“It doesn’t mean they’re going to cite everybody that’s there,” he explained. “It means it’s a tool that they have when they get there, and they need to break up a sideshow. Start handing out citations and see how fast that breaks up.”

“But what happens, we have elected officials that say, ‘ah, what we need to do is just cite the organizers’,” Barbanica stated. “Do we want to sign the one organizer sitting behind their computer the many who are out there causing these issues. I say both. We do both.”

“Don’t let your elected officials fool you. Put pressure on them to enact these municipal codes to give our police the authority and the ability to take action,” he stated. “So, as long as we continue to tolerate this and as long as we accept this from our elected officials, we’re going to see this continue.”

“Push your elected officials to put a stop to this, please,” Barbanica concluded.

Ordinance Discussed During Nov. 14, 2023 Council Meeting When Ogorchock Absent

However, the lack of consensus for including prohibiting spectators in the ordinance was due to Ogorchock’s absence for the council meeting on Nov. 14, 2023. During discussion of the proposed ordinance that night, two of the four council members present, Torres-Walker and Wilson, expressed opposition to including enforcement against spectators. (See 2:35:20 mark of November 14, 2023 council meeting video)

Proposed Ordinance Included Banning Spectators at Sideshows

The section on spectators in the city staff’s proposed ordinance presented at that meeting reads:

“(I) ‘Spectator’ means any individual who is present at an illegal motor vehicle sideshow, speed contest, exhibition of speed, or at a location where preparations are being made for such events, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. The term ‘spectator’ includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

VIOLATIONS; BEING A SPECTATOR AT AN ILLEGAL MOTOR VEHICLE SPEED CONTEST, EXHIBITION OF SPEED, OR SIDESHOW IS PROHIBITED.

(A) It is unlawful for any person to:

1. Be knowingly present as a spectator at an illegal motor vehicle speed contest, exhibition of speed, or sideshow on a public street or highway or in an offstreet parking facility

2. Be knowingly present as a spectator where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow conducted on a public street or highway or in an offstreet parking facility

(B) An individual is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow if that individual is on a public street or highway, public property, or on private property without the consent of the owner, operator, or agent thereof, and is within two hundred (200) feet of the location of the event or within two hundred (200) feet of the

location where preparations are being made for the event.

(C) Local law enforcement shall also have the authority to cite any spectator in violation of this chapter with an administrative citation.”

During the council discussion during the Nov. 14th meeting Barbanica said, “This is a tool our officers can use to break up sideshows. Torres-Walker responded with, “We’ve given this particular police department tools in the past and they have misused them and often abused their authority. So, to trust an individual to make the determination at a scene in this instance when we couldn’t trust some folks in our department to make the determination whether they would actively not violate somebody’s civil rights or participate in racism, I think, like for me it’s a real concern to say, ‘hey, here’s an ordinance, go, we’re going to trust your judgement when we haven’t been able to trust your judgement in the past. I’m not saying in the future we won’t have a department that we can fully trust. But at this point I’m not sure if, you know, if I support that. Tonight, we’re not voting for an ordinance, anyway. I have no problem supporting something coming back for review.”

Barbanica responded, “Based on what’s going on with our police department, here, the officers that are involved in this situation are being dealt with. To say that we can’t give an officer a policy to enforce an infraction because what other groups of officers are accused of doing, I do not follow that logic path. It doesn’t mean the officers out there working should be stripped of every enforcement technique they can use.”

“Saying that like something is within policy can mean that the policy in itself is problematic,” Torres-Walker then responded. “And so, when we provide policies to individuals in law enforcement with the authority to like, enforce those policies in our community we have to make sure that those policies don’t, in turn, intent versus impact is important. You can’t keep implementing policies that could also profile and harm people rather than provide an actual solution. That is why I am concern about this policy because I’m concerned about every policy in our police department that has not yet gone under review.”

“I’ll just say that, you know, we had gotten a handle on sideshows. The reality is it all falls back to the fact that our traffic division was basically decimated as a result of the racist text messaging scandal,” Hernandez-Thorpe said. “The policy, I thought it was punitive from the very beginning. I thought it was too much. But I thought it was important to send, you know, a very clear message to people who conduct and organize these sideshows as we have done in the past. So, I’ve kind of gone back and forth and I kind of scratched my head and I hear all the concerns everybody has expressed.”

In response to a question from Wilson about coordinating with neighboring cities, the mayor said, “Pittsburg has taken a different direction. They have this policy. In terms of what works, I don’t think anybody would say anything has worked. We can say what worked…when we had a sideshow traffic detail and it had nothing to do with any policy. It had to do with the methods and techniques our officers were using to find people who are organizing these sideshows. They were preventing them from happening and it worked when we had officers. So, this maybe, this may not work. I don’t know. What does give me comfort is the times we have had to cite people they’ve used our camera systems to validate whether anything was right.”

“I will give you the example of a woman who reached out to us and said, ‘hey, my son was just standing there doing absolutely nothing’ and we went out of our way as a city to say we will look into that,” Hernandez-Thorpe continued arguing in favor of including spectators in the ordinance. “And turns out not only was he there he was one of the people vandalizing the police car. So, not only was his car towed, not only did he get a citation but then he, now is being charged criminally, with a crime by the DA. So, what gave me some level of trust in having this policy is the fact we have a camera system in areas where we tend to see the highest number of sideshows, large-scale sideshows in the city.”

“If we don’t want to move forward with this, I’m personally fine,” the mayor then said sharing concerns about staff time. “And it’s clear we’re seeing in other cities it may not be working. This policy exists in Pittsburg. It exists in San Jose. I think Oakland is working on the policy, as well.”

“I’ve spoken with officers over in Pittsburg on the effectiveness of the program over there,” Barbanica interjected. “Most of the time they don’t even have to use it. They show up to these sideshows and say, ‘we will cite you, we will tow your cars, you’re not going to do this,’ here and the sideshows generally move on. I’m not saying they don’t get them. But that is a tool that they use to actually deter this, as a deterrent. And our staffing, we may not have capacity today but I’m betting we will at some point. Again, this is a tool for deterring this from occurring.”

“Isn’t it already somewhere in the traffic code…is this going to add an additional layer to something,” Torres-Walker asked City Attorney Thomas L. Smith.

“You are correct, for the drivers in the sideshows there are multiple ways they can be held accountable,” he responded. “What this is doing is looking at the people who are not the drivers but people who are either bystanders, watching, participating in the sideshow or planning the sideshow. So, it is another layer, as you said.”

“We all know who spectators are. I mean, they’re standing out there with cameras, they’re cheering and yelling and screaming. Some of them have fireworks,” Hernandez-Thorpe stated. “Someone sitting in a car is not going to be confused with a spectator.”

Wilson then shared her thoughts saying, “The organizer piece is really what I have the most interest in. The rest are concerning with the same concerns in this argument over here,” as she pointed toward Torres-Walker. “The organizer piece I do want.”

“Maybe we can look at an ordinance that specifically looks at organizers, for now…if we decide, ‘hey, that wasn’t strong enough we need to go after spectators we can always add that to the ordinance,” the mayor suggested.

Barbanica responded echoing the mayor’s previous concerns about wasting City staff time saying, “Doing two of these is really taking up a lot of staff time. I guess I’m just not following the logic of why…somebody standing out there cheering on a sideshow destroying the neighborhood and destroying city property, why we’re adverse to citing people for doing that.”

“Concern for some people…is that there’s a risk of, one, abusing that and two, confusing people who may not be need to be there,” Hernandez-Thorpe responded, “There have been instances where we decided, you know what, that tool, for now we’re just going to put it on the back seat,” while referring to the council majority’s vote against purchasing new tasers after a suspect died following being tazed by Antioch police officers.

Torres-Walker then reiterated the past police efforts to focus on the organizers and “preventing the sideshow from happening before it even happened. So, I wouldn’t be against coming back with something focused on organizers but not spectators.

“We can try that,” the mayor responded.

As a result, city staff returned in February with the ordinance focused only on banning advertising and organizing sideshows. See proposed sideshow ordinance.

Hernandez-Thorpe Won’t Include Spectators Ban When Ordinance Returns for Next Tuesday’s Meeting

Asked if he will now bring back the ordinance and include banning spectators as other cities like Modesto, Clovis and San Diego have done and state law allows and since he, Barbanica and Ogorchocck support including spectators if he will bring back the original ordinance staff proposed, Hernandez-Thorpe responded, “Top of FormBottom of FormThere was NO original ordinance proposed by staff. The Nov. 14th meeting was a discussion about my original proposal to focus on spectators and organizers. The time to make changes was at the meeting that EVERY COUNCILMEMBER was present for and nobody did and the proposed ordinance got a FIVE-ZERO VOTE. Then at the next meeting the same THREE COUNCIL MEMBERS who voted for it, then turned around and voted against it. THAT’S PLAYING POLITICS. Stop misinformation and get the facts. Thank you!”

When reminded of the proposed ordinance in the city staff report for the Nov. 14, 2023 meeting and his arguments in favor of including enforcement against spectators, Hernandez-Thorpe was again asked if he will include it as written in the city staff’s proposed ordinance when he brings it back to council for another vote. The mayor was also asked if the ordinance will return to the agenda for next Tuesday night’s council meeting.

UPDATE 1: Thorpe responded, “The proposed ordinance or any discussion around it that came to council was based on my initial call for the new law. It was literally all over the news. Further, I said on several occasions that I didn’t bring an ordinance forward after my initial call for the ordinance because we were doing SO well on the proactive side. So, any ordinance or discussion that came back was based on my request not something that came out of thin air from staff.”

For clarification, the mayor was asked if he is now claiming that he wrote and provided the proposed ordinance to the city attorney and his office didn’t develop any of what was in the city staff report for the council discussion. Hernandez-Thorpe was also asked, again if it will be brought back for next Tuesday’s council meeting agenda and will it include a provision prohibiting spectators.

Please check back later for his responses or any other updates to this report.