Brown, Cobos-Smith, Rojas, Jr., and Scales-Preston appear to all be headed for victory

No changes in Antioch mayor, city council races

84,200 unprocessed ballots remain, but ballots can still arrive until next Tuesday

“I feel very validated. I’m really excited. The one thing we should all be able to coalesce around is our children. They’re our future.” – Olga Cobos-Smith

By Allen D. Payton

As of Friday, November 8, 2024, at 3:25:03 p.m., with 84,200 unprocessed ballots remaining to be counted in the county the Contra Costa Elections Division released the latest results update. It shows the leaders on Tuesday night in the races for Antioch School Board Areas 3 and 4, City Treasurer and District 5 County Supervisor have expanded their leads over their respective rivals. In addition, the leaders in the races for Mayor of Antioch and City Council Districts 2 and 3 remain comfortably ahead of their opponents.

Antioch School Board

In the Antioch School Board Area 3 race, newcomer Dee Brown expanded her lead over former AUSD district leader and principal Scott Bergerhouse to 415 votes, with 3,869 or 52.83% of the vote to his 3,454 or 47.17%. In the Area 4 race, another newcomer, Olga Cobos-Smith, expanded her lead over incumbent Gary Hack, who didn’t appear to have done any campaigning, to 1,174 votes, with 3,923 or 58.8% to his 2,749 votes or 41.2% of the vote. If the numbers hold, they will join Area 1 Trustee Antonio Hernandez who ran unopposed for his second term on the board.

When reached for comment, Cobos-Smith said about her expected victory, “I feel very validated. I’ve been watching the board for a long time and been very dismayed, since my granddaughter was in second grade. At that time, I was still working full-time and I didn’t have the time to give. She’s in ninth grade, now.”

“I found the residents in Area 4 are equally as frustrated with how things are going and are on board with some of the things I want to remedy,” the first-time candidate shared. “The teachers are also on board. I’m really excited.”

Cobos-Smith said during the campaign she was asked which political side in Antioch she’s on and if she was supported by the mayor.

“I found it very offensive. It didn’t allow me to stand on my own,” she stated. “The one thing we should all be able to coalesce around is our children. They’re our future.”

About hiring a new, permanent district superintendent Cobos-Smith said, “I’m really looking forward to getting started. When working in San Francisco we had a system which gathered input from stakeholders. I am very hopeful that we can create a similar system where we can have the community, teachers and stakeholders give their input in hiring the next superintendent. That includes the voters, but especially, the teachers.”

Cobos-Smith said she grew up all over California and moved to Antioch from San Francisco where her only daughter attended college and is now a pharmacist at Walgreens. Following her daughter and family’s move a few years earlier, she moved to Antioch in 2018.

“Thank you, Area 4. I’m ready for change and I believe you are, too. You voted for me,” Cobos-Smith added.

An effort to reach Brown was unsuccessful prior to publication time.

City Treasurer

In the closest multi-candidate race in Antioch, for City Treasurer, to replace the outgoing incumbent Lauren Posada, newcomer Jorge Rojas, Jr. expanded his lead to 1,736 votes over his closest opponent, District 3 Councilwoman Lori Ogorchock, and to 1,801 votes over former mayor Jim Davis. So far, Rojas has 11,878 votes or 37.01%, Ogorchock has 10,142 or 31.6% and Davis trails slightly behind with 10,077 votes or 31.4% of the vote.

County Supervisor District 5

In what was the closest race affecting Antioch, to replace incumbent District 5 Contra Costa County Supervisor Federal Glover, who chose not to run for a sixth term, Pittsburg Councilwoman Shanelle Scales-Preston expanded her lead over Antioch District 2 Councilman Mike Barbanica to 1,843 votes, after he had closed a 700+ vote gap on Election Night to just 67 votes early Wednesday morning. She now has 33,610 votes or 51.41% to his 31,767 votes or 48.59% of the vote.

Mayor

In the race for Mayor of Antioch, challenger Ron Bernal continues expanding his dominating lead over incumbent Lamar Hernandez-Thorpe to 11,127 votes, with 21,578 or 62.77% to the current mayor’s 10,381 votes or 30.3%. Second-time mayoral candidate Rakesh Christian remains in a distant third place with 2,377 votes or 6.94% of the vote.

The incumbent gave his concession speech on Tuesday night. Bernal announced his victory Thursday afternoon. (See related articles here and here)

City Council

In the race for District 2 City Council, to fill the seat of Barbanica who chose to run for higher office, former Antioch High principal Louie Rocha maintains his strong lead over Parks and Recreation Commission Chair Dominique King to 1,369 votes with 4,472 or 59.04% to her 3,103 votes or 40.96% of the vote. Finally, in the only other multi-candidate race in Antioch, for District 3 City Council, to replace the gerrymandered out Ogorchock, former mayor Don Freitas continues to lead his two opponents with more votes than theirs combined. His closest rival, newcomer Adddison Peterson, is 1,104 votes behind and Board of Administrative Appeals Vice Chair and second time council candidate, Antwon Webster remains in third place 1,791 votes behind the leader. Freitas currently has 4,821 votes or 50.39%, Peterson has 2,717 or 28.4% and Webster has 2,030 votes or 21.22% of the vote.

Estimated Number of Unprocessed Ballots in County

Following are the ballot statistics from the Contra Costa County Elections Division of the Clerk-Recorder’s Office, also as of Friday, November 8, 2024, at 3:25:03 p.m. that are unprocessed and remain to be counted:

Ballots voted at a voting location – 200

Vote-by-mail ballots received on or before Election Day – 60,000

Vote-by-mail ballots received after Election Day – 10,000

Provisional ballots – 5,000

Conditional Voter Registration Provisional ballots – 5,000

Other (In Review, Damaged) – 4,000

Total – 84,200

However, according to Melissa Hickok, Executive Assistant to Registrar of Voters Kristen Connelly, that total will change.

“We’re still receiving ballots that were postmarked by 8:00 p.m. on Election Day through next Tuesday, Nov. 12th,” she shared. Hickok also said the Elections office staff will be taking off for the three-day holiday weekend, due to Veterans Day on Monday. Ballot processing will resume on Tuesday.

The next results update is expected on Wednesday, Nov. 13, 2024, at 4:00 p.m. The Elections office has 28 days to complete the process to certify the election.

Presented by City of Antioch 12:00 p.m. – 1:00 p.m.

Are you up to date with the California Fair Employment and Housing Act (FEHA)? This act protects people with disabilities from discrimination in housing and employment. Whether you’re a landlord, agent, tenant, or just interested in fair housing, this session is for you!

What to Expect: Gain insights on FEHA, learn how to stay compliant, and understand your rights and responsibilities.

For more information or compliance questions, reach out to our Housing Specialist at (925) 779-7017.

Join us to help create a fairer, more inclusive community!

Note: This session is for informational purposes only and does not provide legal advice.

The Contra Costa Taxpayers Association (CoCoTax) invites you to attend a Luncheon, Board and Members’ Meeting at Denny’s Restaurant 1313 Willow Pass Road, Concord, on Friday October 25, 2024, from 11:45 am to 1:10 pm.

Please register in advance on the CoCoTax website where you can pay online or bring cash or check on Friday and pay at the door-$25 for members, $30 for guests.

About Our Speaker: Debora Allen

Debora Allen was first elected to the BART Board of Directors in 2016 and re-elected in November 2020, representing eight cities in central Contra Costa County’s District 1. She leaves the BART Board at the end of this year having led the charge for improved fare gates, safe and reliable transit, and fiscal sanity.

In her lunch time remarks to CoCoTax, Debora will look back on her time on the BART board and discuss the transit district’s future.

Debora has over 30 years of financial and business management experience in both private and public sectors, primarily in construction and real estate industries. She received a Bachelor of Science in Business Administration (accounting) from CSU Sacramento and completed numerous continuing professional education courses in the areas of financial audit, taxation, accounting systems, institutional investing, and pension administration. She practiced as a Certified Public Accountant in California for almost 20 years and currently still holds an inactive CPA license.

Prior to election to BART, Debora spent decades volunteering on boards in youth sports programs, taxpayer oversight groups, and other non-profits including six years as a pension board trustee for the Contra Costa County Employees’ Retirement Association. 

Since 2016, she served on regional transportation boards including Capitol Corridor JPA, Contra Costa Transportation Authority, West Contra Costa Transportation Advisory Committee, CCTA Accessible Transportation Strategic Policy Advisory Committee, and the Pleasant Hill BART Leasing Authority.  She has also served on several BART Board subcommittees.

For more information call (925) 289-6900 or email info@cocotax.org.

Help make a difference in your city

Deadlines: Sept. 27 & Oct. 25

The City of Antioch urges residents to become involved in their local community! One way to do so is to serve on the various Boards, Commissions, and Committees. Any interested resident is encouraged to apply for the vacancies by 5:00 p.m. on the deadline below.

ECONOMIC DEVELOPMENT COMMISSION

EXTENDED Deadline: Friday, Sept. 27, 2024, at 5:00 PM

Two (2) vacancies, expiring June 2025

Three (3) vacancies, expiring June 2027

One (1) Chamber of Commerce vacancy, expiring June 2027

This Commission advises the city council on proposals and programs to help develop, retain, expand and attract businesses in and to Antioch and create jobs in the city. Commissioners hold one public meeting each month and work with the Economic Development Director.

PLANNING COMMISSION

Deadline: Friday, Oct. 25, 2024, at 5:00 PM

Two (2) vacancies, expiring October 2028

The Commission reviews and makes recommendations to the City Council on the physical development of the City: all provisions of the General Plan, land use, and zoning as specified by the Zoning Code, and as set forth in the State Government Code and the California Environmental Quality Act (CEQA). The Commission also reviews site plans, architectural design, signs, or other exterior design features of new and remodeled buildings.

Commissioners hold two public meetings each month and work with City Planning Staff.

To be considered for the vacancy positions listed above, please fill out an application available on the City’s website at www.antiochca.gov/government/boards-commissions. Printed applications are also available at Antioch City Hall, 200 H Street in Rivertown.

Please return the completed application by the deadline date listed above, by email to: cityclerk@antiochca.gov.

You can also drop off the application (Attn: City Clerk), in the water billing drop-off box outside Antioch City Hall. The mayor will nominate those he chooses to the city council for a public vote during one of their meetings.

Was not provided to local media to promote and share with readers

Scathing comments directed at council

City staff provide questions, responses but won’t say how they guaranteed only Antioch residents participated, stats on hiring process, nor when Bessie Mae Scott will start, Ogorchock says Monday, Oct. 7th

By Allen D. Payton

During the council meeting on August 28, 2024, when the new city manager, Bessie Marie Scott was hired on a 3-2 vote, District 1 Councilmember Tamisha Torres-Walker said a survey had been taken as part of her argument that the hiring process had been transparent to the public. After waiting for three weeks to obtain information about the public survey the City of Antioch conducted, Human Resources Department Director Ana Cortez provided the details. They include the questions, responses and the number of participants provided through the Survey Monkey website. The greatest number of people who answered any of the six questions during the 10-day survey was just 21. The survey also allowed general comments to several of the questions, which included many that were critical of the mayor and the city council, and several complaints about the homeless, crime and lack of police. The responses were received between March 20th and 30th.

Following the council meeting that night, Cortez, City Attorney Thomas Lloyd Smith and members of his department staff were asked how many responses the survey received, how did it guarantee only Antioch residents participated, when and where was the public survey about the city manager position shared and for them to provide a copy of the questions and results. They were informed the Herald was not provided information about the survey so that it could be shared with our readers for greater participation.

They were also asked for Ms. Scott’s start date, how many candidates applied, withdrew from the process and were interviewed by the city council.

The questions were sent again on Wednesday, Sept. 18 and to Councilmembers Lori Ogorchock and Mike Barbanica asking for their assistance in obtaining the information and answers. The councilwoman responded simply, “Working on it”. On Thursday, Sept. 19, Cortez responded with the following: “Please see below the link to the survey for the City Manager search. You will find the questions that were asked and the results.”

Antioch City Manager Survey Results Link

Cortez also said, “The Survey was shared in our social media outlets – City of Antioch’s Facebook page, Instagram, and website.  The survey with a QR Code was posted outside the City Council Chambers and on the HR front door.” But it was not shared with any of the local media that covers the City of Antioch.

Of the six questions with preselected multiple-choice answers included in the survey, 21 people answered four, 16 answered one and 15 provided additional comments. Following are the questions and all of the responses:

Q1 Which type of leader should Antioch have as its City Manager? (Please prioritize most important as 1 and least important as 5. Select up to 5.) Answered: 21 Skipped: 0

Comments (7)

“They not be a yesman to Thorpe. We’ve seen Con Johnson fired for leaking to DA. Kwame is a yesman. FORD says he will come back if Thorpes not in office… so that tells me Thorpe did or asked Ford to be unethical. Thorpe dictatorship should not have an iota of say in this hiring.” 3/30/2024 06:46 AM

“Leader- lead by example” 3/25/2024 09:01 PM

“Not influenced by Mayor and City Council” 3/25/2024 03:01 PM

“They are not aligned with any one individual (mayor) and vote their own mind and their actions speak louder than their words.” 3/23/2024 02:02 PM

“Someone who is not scared to go against others in order to make things right. Someone who is not in bed with dirty politicians or dirty authority figures. Someone who will call out when wrong is wrong. Someone who will stand up and fight against the petty theft’s, vehicle and home burglaries juvenile violence.” 3/20/2024 04:06 PM

“We need someone that cares about the residents. Making care of our roads and infrastructure a priority.” 3/20/2024 02:12 PM

“Antioch is facing so many pivotal moments right now- will we continue to be viewed as the new dump of the east bay or can we make a comeback? A city manager will need to act quickly to solve the most pressing problems we are facing.” 3/20/2024 12:22 PM

Q2 Which three of the following management styles do you believe are essential for the City Manager to successfully lead Antioch? Please prioritize most important as 1 and leat [sic] important as 3. Select up to 3). Answered: 21 Skipped: 0

Comments (5)

“City directives by council members.. if they are illegal, Unethical the City manager should report such incidents to the DA office.l”  3/30/2024 06:46 AM

“Be involved with other agencies in the City- bridge the gap” 3/25/2024 09:01 PM

“Find a way to get the mentally ill people wandering our streets vandalizing our businesses removed so law abiding citizens feel safe on our streets.” 3/20/2024 02:12 PM

“Stand up to the current mayor and not follow in his destructive path the city is on.” 3/20/2024 01:21 PM

“Just lead strong!!! And be honest! We are desperate for a change.” 3/20/2024 12:22 PM

Q3 Which five of the following abilities and skills do you believe are most essential to perform the work of the City Manager? Answered: 21 Skipped: 0

Answer Choices	Responses
Skill in conflict resolution and collective bargaining experience	71.43% 15
Skill in City finance	66.67% 14
Experience working on racial equity issues	14.29%   3
Ability to work with a City Council that sometimes have differing opinions and perspectives	66.67% 14
Ability and desire to really listen	52.38% 11
Ability to recruit and develop a diverse workforce	19.05%   4
Ability to work together and openly with members of the community	42.86%   9
Ability to build  diverse teams within the organization	23.81%   5
Ability to remain focused on the City’s long-term goals	61.90%  13
Ability to challenge the status quo and view issues through a racial equity lens	14.29%   3
Other (please specify)	28.57%   6

Responses

“Ability to stand up and not allow a councilmember or mayor to wrongfully influence or threaten them.” 3/30/2024 07:49 AM

“Equity is just a term to not treat people Equal. I want a person who doesn’t use the race cardvas [sic] an excuse. Buy lifts up ALL citizens of Antioch.” 3/30/2024 06:46 AM

“Ability to recognize, retain great employees and promote.” 3/25/2024 09:01 PM

“All of the above.” 3/22/2024 09:01 PM

“Listen to all of the community no matter what race they are.” 3/20/2024 02:12 PM

“Someone who can focus on the task right now. Yes, the long-term goals, but we have so many urgent immediate problems to solve. Someone who can get to work quickly and make immediate changes for the better.” 3/20/2024 12:22 PM

Q4 What are the top three positive trends you see in Antioch that the next City Manager will encounter upon starting in their new role? Answered: 16 Skipped: 5

Answer Choice 1 (16 responses)

“Open mind.” 3/30/2024 08:41 PM

“Getting a new mayor.” 3/30/2024 09:04 AM

“Residents determined to see the city succeed.” 3/30/2024 07:49 AM

“Do not be a yes man to Thorpe.” 3/30/2024 06:46 AM

“Future planning.” 3/28/2024 05:08 PM

“New mayor.” 3/25/2024 11:27 PM

“Hopefully the transition of a new mayor.” 3/23/2024 02:02 PM

“Hiring qualified employees at all positions.” 3/22/2024 09:01 PM

“Hopefully new Mayor and council.” 3/21/2024 08:00 AM

“The developer, Sean McCauley.” 3/20/2024 07:45 PM

“A growing community.” 3/20/2024 04:06 PM

“Police staff strengthened.” 3/20/2024 02:21 PM

“There are no positives right now.” 3/20/2024 01:21 PM

“Homeless and their destruction.” 3/20/2024 12:22 PM

“Current mayors term being up soon.” 3/20/2024 11:06 AM

“Clean up the trash from the homeless.” 3/20/2024 09:25 AM

Answer Choice 2 (12 responses)

“Visionary.” 3/30/2024 08:41 PM

“New council members.” 3/30/2024 09:04 AM

“Treat people Equal.” 3/30/2024 06:46 AM

“Working with all department heads.” 3/28/2024 05:08 PM

“City folks ready for a change.” 3/25/2024 11:27 PM

“Hopefully the transition of a new dynamic city council.” 3/23/2024 02:02 PM

“Not to hire friends of elected people.” 3/22/2024 09:01 PM

“Community Events throughout the City.” 3/20/2024 07:45 PM

“New Mayor in 2025” 3/20/2024 02:21 PM

“Trash!!!!! Everywhere. Antioch is called the new dump.” 3/20/2024 12:22 PM

“City cleaning up homeless encampments.” 3/20/2024 11:06 AM

“Stopping the side shows.” 3/20/2024 09:25 AM

Answer Choice 3 (11 responses)

“Positive growth in equity for every citizens.” 3/30/2024 08:41 PM

“Get Police staffing levels back up.” 3/30/2024 09:04 AM

“Be the best qualified for the job, not hire due to skin one.” 3/30/2024 06:46 AM

“Forecasting budget.” 3/28/2024 05:08 PM

“Future growth.” 3/25/2024 11:27 PM

“Developing a better public persona and face for city of Antioch.” 3/23/2024 02:02 PM

“Safe Streets (speed bumps).” 3/20/2024 07:45 PM

“New council members in 2025.” 3/20/2024 02:21 PM

“Rebuilding the run down, boarded up, sad looking shopping centers and streets.” 3/20/2024 12:22 PM

“Police being fully staffed.” 3/20/2024 11:06 AM

“Getting the police department back up and running right. Backing the new police chief.” 3/20/2024 09:25 AM

Q5 What are the top three challenges you think will face the new City Manager? Answered: 21 Skipped: 0

Answer Choice 1 (21 responses)

“City Council.” 3/30/2024 08:41 PM

“Lamar Thorpe Hernandez.” 3/30/2024 09:04 AM

“the mayor.” 3/30/2024 08:57 AM

“Worst crime city has ever encountered.” 3/30/2024 07:49 AM

“Working with corrupt city council’s members.” 3/30/2024 06:46 AM

“Transition.” 3/28/2024 05:08 PM

“City council.” 3/25/2024 11:27 PM

“Violence in community.” 3/25/2024 09:01 PM

“Homelessness.” 3/25/2024 03:01 PM

“Bad representation on the city council.” 3/23/2024 02:02 PM

“Stop the racism that the black residents create.” 3/22/2024 09:01 PM

“Budget restrictions.” 3/21/2024 08:00 AM

“Reckless driving.” 3/20/2024 07:45 PM

“Not enough police staff.” 3/20/2024 04:06 PM

“Homeless.” 3/20/2024 02:21 PM

“Homelessness.” 3/20/2024 02:12 PM

“Thorpe.” 3/20/2024 01:21 PM

“Lamar Thorpe and his oppressive nature to others.” 3/20/2024 12:22 PM

“Member of the city council.” 3/20/2024 11:06 AM

“Deal with a dysfunctional city council.” 3/20/2024 09:49 AM

“The mayor and his groupies.” 3/20/2024 09:25 AM

Answer Choice 2 (21 responses)

“Police Officers Association.” 3/30/2024 08:41 PM

“Tamisha Walker Torres.” 3/30/2024 09:04 AM

“people caring more about the criminals than the law abiding citizens.” 3/30/2024 08:57 AM

“Lack of folks wanting to work for the city of Antioch due to current leadership.” 3/30/2024 07:49 AM

“Dealing with Antiochs deficit spending in a responsible way.” 3/30/2024 06:46 AM

“If he’s an outsider familiarity with us.” 3/28/2024 05:08 PM

“The police department.” 3/25/2024 11:27 PM

“Youth challenges.” 3/25/2024 09:01 PM

“Crime.” 3/25/2024 03:01 PM

“Homeless haven of east bay.” 3/23/2024 02:02 PM

“Implement Rank Choice Voting.” 3/22/2024 09:01 PM

“Homelessness.” 3/21/2024 08:00 AM

“Loitering: contributing to majority of theft in the neighborhoods.” 3/20/2024 07:45 PM

“Huge rise is petty crimes, burglaries of homes and cars, juvenile delinquency.” 3/20/2024 04:06 PM

“Crime.” 3/20/2024 02:21 PM

“Crime.” 3/20/2024 02:12 PM

“Wilson.” 3/20/2024 01:21 PM

“Not having the freedom to clean up the city (too much red tape and not enough support).” 3/20/2024 12:22 PM

“People who don’t care about the state of the city.” 3/20/2024 11:06 AM

“Deal with a community that is not proud of its city anumore [sic].” 3/20/2024 09:49 AM

“The crime.” 3/20/2024 09:25 AM

Answer Choice 3 (19 responses)

“Back the Blue advocates.” 3/30/2024 08:41 PM

“Lack of Police.” 3/30/2024 09:04 AM

“Homeless.” 3/30/2024 08:57 AM

“A Mayor who continually ‘strong arms’ the City Manager.” 3/30/2024 07:49 AM

“Dealing with policies presented to council that is not good for the whole of Antioch.” 3/30/2024 06:46 AM

“Staffing city office with decent people.” 3/25/2024 11:27 PM

“Economy in Antioch.” 3/25/2024 09:01 PM

“Businesses leaving.” 3/25/2024 03:01 PM

“Economic development of a dying city.” 3/23/2024 02:02 PM

“Business closures.” 3/21/2024 08:00 AM

“Homelessness.” 3/20/2024 07:45 PM

“Homelessness and city up keeping.” 3/20/2024 04:06 PM

“Blight.” 3/20/2024 02:21 PM

“Economic development.” 3/20/2024 02:12 PM

“Walker.” 3/20/2024 01:21 PM

“The city council not supporting the new city manger [sic].” 3/20/2024 12:22 PM

“Crime.” 3/20/2024 11:06 AM

“Deal with money being wasted.” 3/20/2024 09:49 AM

“Finding good people to work for the city.” 3/20/2024 09:25 AM

Q6 Do you have any other comments related to the recruitment for Antioch’s next City Manager? Answered: 15 Skipped: 6. Following are the 15 responses:

“We need a woman in this position.” 3/30/2024 08:41 PM

“pretty bad when I can’t see anything positive that this city council and mayor has done,” 3/30/2024 08:57 AM

“we have a corrupt City council, that have conspired to gerrymander, that don’t care about Brown Act Violations. Good freaking luck.” 3/30/2024 06:46 AM

“Some people can have the ambition and desire to make the city anew without a college degree. We have all seen the past folks with a degree it doesn’t mean nothing. Find someone willing to grow and learn with the community and some experience but is passionate about the job. That makes a difference.” 3/25/2024 11:27 PM

“I want someone who will be able to bring someone that can work with the community. Gap or bridge the City with other agencies in the community to help our youth, elder community, single moms, by bringing jobs, create programs for youth, community, sustainability grants to continue growing our city. We need to turn around Antioch. Antioch is becoming a hard community to live where all you see and hear about in the news is crime, death. We want to be able to have someone that can hear the community’s needs and make something happen.” 3/25/2024 09:01 PM

“Get someone who has experience with turning around a blighted and dying city. Someone who will not be influenced by the Mayor or the City Council but will just do what is right and be tough. All of the innovative programs and projects don’t matter because our city is overrun by gun violence, gang violence, drug dealing, sideshows, idiots racing through the streets on dirt bikes, shoplifting, burglary, and homeless camps everywhere! Businesses are leaving, good citizens are leaving, we are going to leave if the Mayor is reelected because he’s a bully and people can’t get things done at the City, Find a mature and tough, experienced, city manager of ANY race and ANY gender; just someone who knows how to fix these problems that are literally killing our beautiful city, don’t listen to the idiots in the city council, just tell them to pipe down and get Antioch back on its feet!! Pittsburg did it, we can too.” 3/25/2024 03:01 PM

“Good luck!” 3/23/2024 02:02 PM

“Antioch has become a hot mess. The new City Manager will have his work cut out for him. Hopefully he will get to work with a new mayor and city council that will have the city in their best interest both economically and financially. Money needs to be spent wisely and Antioch needs to be cleaned up.” 3/21/2024 08:00 AM

“This City used to feel like home and now it’s just where I live. It’s so sad to see the deterioration of this once beautiful family oriented community.” 3/20/2024 07:45 PM

“If we could please recruit someone who isn’t scared to go against the grain. Someone who isn’t a yes man. Someone who has a vision for Antioch and wants to charge those that contribute to torment of the residents. Someone who reinforces the police department and wants the best for the department to flourish and serve its residents. Someone who will utilize funds to clean the city up and make it was it was 20 years ago. Someone who will bring businesses back to life and encourage tourism. People are moving out of Antioch because of the violence and no follow through of crimes by our DA’s office. We need someone who isn’t scared and stands up against anyone in the wrong. Be a voice for us long time Antioch residents.” 3/20/2024 04:06 PM

“First and foremost we need a Mayor that stays in his own lane so the City Manager and City staff can do their jobs.” 3/20/2024 02:12 PM

“We have all been waiting a very long time. We feel broken, tired, frustrated and hopeless. Let’s hope this doesn’t end up another dead end and disappointment.” 3/20/2024 12:22 PM

“Would prefer someone not associated with any member of the current council” 3/20/2024 11:06 AM

“Be tough and not be intimidated by anything or anyone” 3/20/2024 09:49 AM

“Some one that has common sense” 3/20/2024 09:25 AM

More Questions for City Staff

Because no answers to the other questions posed to Cortez, City Attorney Smith and his staff, they were again asked the same as well as some additional questions. Those included, “Since it doesn’t show any details about the residency of the participants how did the survey ensure only Antioch residents participated? Did they have to provide their home address or mark a box confirming they are an Antioch resident? Who developed the questions?”

“Is a total of 21 participants an adequate sampling out of approximately 115,000 residents in Antioch? How many responses were you hoping for? Did the city council direct you to conduct the survey? When? Was it during public or closed session?

Finally, they were asked, “Since so few people participated, do you think in the future it would be best to send out an announcement with a link to the survey to the local media to inform the public so more people will know about it?”

But they did not respond.

When asked later for the new city manager’s start date, Ogorchock said, “October 7th is what she shared with us.”

Please check back later for any updates to this report.

OTHER UNRELATED QUESTIONS FOR THOMAS RE Former City Employees and Comments Made About Them by Councilmembers Following Separation of Employment

Thomas, regarding the comments by the mayor about both Ron Bernal and Con Johnson in which he disclosed some information regarding their employment and separation, did what he say violate their rights?

Can councilmembers speak publicly about former city employees and things that were said and done while they were still employed with the City or the reasons for their separation from employment?

Blame mainly rests with San Joaquin Joint Powers Authority staff and board members

Antioch Public Works Department staff knew of closure in spring 2022 five months before city manager and mayor, but failed to inform them or other councilmembers

Former Antioch CM Con Johnson claims he informed Hernandez-Thorpe six months before SJJPA Board vote, says mayor directed him to not tell any councilmembers, neither informed public

SJJPA staff now says, “decommissioning is some 2.5 to 3 years out” instead of the end of 2025 and it’s “too early to coordinate options with regional transit agencies.”

Mayor to present plan to keep station opened at Friday SJJPA Board meeting before council has seen or approved it

By Allen D. Payton

On May 22, 2024, a rally was held at the Antioch Amtrak station location at 100 I Street at the corner of W. First Street, along the waterfront in the City’s historic Rivertown District, by community members affiliated with Alliance of Californians for Community Empowerment (ACCE) Action and other organizations and attended by Mayor Pro Tem Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker, to raise awareness about the impending closure. The councilwoman, in whose district the station is located, was quoted in a Local News Matters report saying, “I think someone needs to own up to this. I think somewhere the ball was dropped,” without naming anyone.

In an effort to both understand what occurred, who caused it and how to reverse the decision to close the Antioch-Pittsburg San Joaquins Passenger Stop, as it is officially known, a months-long investigation by the Herald resulted in the first article entitled, “Whodunnit? No proof any city staff member approved Antioch’s Amtrak station closure” was published in July. This article serves as a follow up, includes further research and reveals Torres-Walker is correct that “the ball was dropped” and it was mainly due to a lack of communication by the staff and board of directors of the San Joaquin Joint Powers Authority (SJJPA), which governs the Amtrak San Joaquins Passenger Rail service between Bakersfield and Oakland and runs through Antioch. They failed to adequately inform the City of Antioch staff and council and the Tri Delta Transit staff and board.

In addition, Mayor Lamar Hernandez-Thorpe and then-City Manager Cornelius “Con” Johnson also dropped the ball by not informing the council members or the public prior to the vote on March 24, 2023, by the SJJPA Board of Directors to decommission the station, preventing Antioch and other East County residents from knowing about the vote and providing them the opportunity to speak out against it. The mayor repeatedly blamed former Antioch City Manager Ron Bernal, his opponent in the current mayoral election, for approving the closure, which the Herald’s first article on the matter proved to be false.

Finally, someone in the Antioch Public Works Department knew about the station closure in spring 2022 and dropped the ball by failing to either inform the city manager or council members at that time five or six months before Johnson was first informed of the impending SJJPA Board vote the following spring.

SJJPA Spokesman Claims “Discussions Regarding…Challenges in Antioch Began in 2017” City Staff Not Informed of Closure Until Fall 2022

According to the news report about the May 2024 rally, “David Lipari of the San Joaquin Regional Rail Commission, which works in collaboration with SJJPA, said discussions regarding the challenges in Antioch began in 2017.”  Yet, nowhere in any documentation provided in response to Public Records Act (PRA) requests to the SJJPA, City of Antioch, Tri Delta Transit and a federal Freedom of Information Act (FOIA) request to Amtrak, does it show any member of the Antioch City Council or staff knew about the proposed closure until January 2023.

Further research revealed the first time SJJPA staff informed any Antioch city manager of the station closure or decommissioning was in September 2022, during the first of three meetings between SJJPA Director of Rail Services, Tamika Smith, and then-City Manager Cornelius “Con” Johnson.

Johnson, in turn, informed Hernandez-Thorpe following that meeting and in January Johnson and then-Antioch Police Chief Steve Ford were preparing a presentation for the SJJPA Board meeting on January 25, 2023, after the mayor told Johnson he should provide it. That presentation and the proposed vote to close the station were postponed until the regular board meeting on March 24, 2023. But with Johnson being placed on administrative leave the week before, as previously reported, the mayor provided the presentation instead.

SJJPA Staff First Discussed Closure in 2021

That’s all in spite of the fact the first record of a discussion about a possible Antioch station closure was in emails between SJJPA Executive Director Stacey Mortensen and her staff members in June 2021. One of those emails revealed that a previous discussion of a possible closure had occurred, so, at least one or more of the SJJPA staff members knew closing the Antioch station was a possibility.

It’s also in spite of the fact that at that time SJJPA staff knew the policy of BNSF rail, which owns the tracks, was to not have stations too close together and that the location of the planned station in Oakley, just six miles away, was too close. Thus, another station had to be closed. Since problems continued at and around the Antioch station, including assaults on train conductors, calls for service to the Antioch Police and Amtrak Police for other crimes, fare evasion and homelessness, the Antioch-Pittsburg stop was an easy target.

Questions for SJJPA Executive Director Go Unanswered

Questions were emailed to Mortensen on August 19, 2024, asking the following: “Why did your agency not inform Tri Delta Transit about the possible decommissioning, whose board was voting for improvements to support the opening of the Oakley Station, and that it required the closure of the Antioch Station?

With whom did your staff, specifically then-Senior Planner David Ripperda, then-Director of Capital Projects Kevin Sheridan and/or SJJPA spokesman David Lipari discuss the closure of the Antioch station prior to your emails in June 2021?”

She was asked to provide copies of those communications and if they were by virtual meetings or phone calls, please include her and/or her staff’s notes from them and any and all emails about the Oakley and/or Antioch stations with BNSF.

Mortensen was shown the three emails about the matter between her and Ripperda, copied to other staff members and asked, “Did you ever find out ‘where the conversation with BN went after that’? What was the outcome? Did any member of your staff ever communicate in any way with any members of the City of Antioch Public Works Department between June 2021 and May 2022 about the decommissioning of the Antioch station? If so, what was said and how was it communicated?

She was informed that while the Herald was not provided with copies of any email communications about the closure of the station with anyone in that city department, it appears during that time period someone in that department was made aware of the possible station closure. That’s because language referring to the Amtrak station in previous years’ 5-Year Capital Improvement Program budgets, was removed for the 2022-27 CIP presented as a Draft to the city council in May 2022. But the Public Works Director at that time no longer works for the City of Antioch.

Mortensen was reminded that the staff report for the agenda item for the vote included misinformation that a previous Antioch city manager approved the decommissioning, which caused a political firestorm in Antioch because that former city manager, Ron Bernal, is now running for mayor against the incumbent who assumed he was the person to which Tamika Smith referred in her staff report. She was then provided with a link to the previous Herald article about the Antioch station decommissioning and it was pointed out to her that Smith never mentioned Bernal’s name and it was only mentioned by the mayor.

Mortensen was also reminded that her board members were never provided any documentation supporting the claim that a previous city manager or any City of Antioch staff member approved the closure, nor were given council direction to support it, before the board voted.

She was then asked, “why wouldn’t any of the board or your staff members question that, ask if that city manager was directed to support the decommissioning by the council and ask for the City of Antioch to provide a copy of the council resolution supporting it, before the board vote? Had they known the facts might one of them have voted differently and the decommissioning not move forward, since it only passed by the minimum number of votes?”

Mortensen was then reminded about the emails between Bernal and her following the March 24, 2023, board meeting in which he both denied ever approving the decommissioning and asking for Mortensen to correct the record. In her email response to him she wrote, “My understanding from the various parties was that the City had reluctantly agreed to the closure if the new landscaping and improvements (associated with the building removal) was not maintained and passenger and train crew safety issues did not improve. Somehow that did get attributed to you over the last couple years and if that is not accurate, I most certainly want to correct the record.” 

Yet, there is no written record to support that “understanding” provided in response to the Herald’s PRA requests. Mortensen was asked if she does have it to provide it.

She was then asked, “at a subsequent SJJPA board meeting did she ‘correct the record’ by issuing a public apology to Bernal and announcing that the information in the staff report was incorrect? If so, please provide the date of the board meeting at which it occurred and a link to the video. If not, will you do that at the board meeting on Sept. 20th in Martinez?”

It was pointed out to Mortensen in the Herald article, that Bernal says he only approved the demolition of the building at the station and there are records of that, and that it was the current Oakley City Manager who approved the decommissioning of the Antioch station, and that it appears her staff misunderstood and confused the two matters of the demolition and the decommission.

Mortensen was then asked regarding the matter of one of the reasons for closure, “why is BNSF claiming a six-mile distance between stations as their reason for the Antioch station closure when the Emeryville and Oakland stations are less than five miles apart?”

Because it appears there has been a serious lack of communication between SJJPA staff and the affected agencies regarding both the closure of the Antioch station and opening of the Oakley Station and there’s been significant turnover in both her staff and City of Antioch staff over the past few years, Mortensen was asked, “Who specifically on your staff is responsible for communicating with the other agencies about the closure of the Antioch station and the opening of the Oakley station? Do you have copies of any communication with Amtrak and/or BNSF about the two stations before or since the board vote? Do you have a copy of the BNSF policy about their distance requirements between stations? If so, she was asked to please provide them.

SJJPA Staff Member Responds Instead

Rather than answer the questions, Mortensen had Ariana Talosig, the Administrative Analyst for the Board and Committee respond. She wrote, “As stated in prior emails, we have reviewed our files and provided documentation in our possession regarding the decommissioning of the Antioch Station and a statement of the Agency’s position concerning the same.  In response to your specific question regarding outreach to transit agencies serving the area, because decommissioning is some 2.5 to 3 years out, it is too early to coordinate options with regional transit agencies.”

In addition, that same day, Talosig wrote, “The following is in response to your public records request dated June 15, 2024, for the following: “PRA request and additional questions on the closure of the Antioch Amtrak station.”

Pursuant to the California Public Records Act, SJRRC has located no additional records responsive to your request.

SJRRC will now consider your request closed. Should you have any questions, please don’t hesitate to contact the undersigned.

Thank you.”

Request for Copies of Notes from Virtual Meetings, Phone and Conference Calls Go Unfulfilled

In response because the original PRA request was for communications between agencies, not copies of notes of virtual meetings, and phone or conference calls Talosig was emailed the following: “While there may not be any additional emails to fulfill my request, perhaps there are notes by SJJPA staff from phone calls or virtual meetings with City of Antioch staff about the closure, specifically with anyone in the City’s Public Works Department and more specifically with Scott Buenting, and between June 2021 and May 2022, or any other agency staff member, including Amtrak and BNSF.

Please check with former Senior Planner David Ripperda, former Director of Capital Projects Kevin Sheridan and SJJPA spokesman David Lipari if they had any conversations like that. 

Also, it would be appreciated if you can please find out to whom Mr. Ripperda was referring when he wrote ‘discussions about closing Antioch’ in his June 25, 2021, email to Ms. Mortensen.”

More Questions for SJJPA Staff Go Unsanswered

In addition, on August 21st, Talosig was asked many of the same questions posed to Mortensen and a few new ones. She was asked, “Are you claiming that no member of the SJJPA staff took typed or handwritten notes from virtual meetings or phone or conference calls when speaking with anyone else about the possible closure of the Antioch Amtrak station? How does your staff and organization operate, based on memory? Surely that’s not the case.

If you have no records of notes on any communications with anyone on the City of Antioch staff (or any other agency) prior to the emails between Tamika Smith and then-City Manager Johnson in August 2022, about the closure of the Antioch station, even though your top staff claimed to have discussed the matter prior to the emails dated June 25, 2021, then please find out among whom those discussions were held for which they took and kept no notes and left them in the files of the authority. 

Also, what you shared is different than what was previously shared by Manager of Administration Jaclyn Miramontes who wrote, “The estimated date for Oakley is Q4 of 2025” which is a year away, not “some 2.5 to 3 years out.” Has the date since been changed? If so, when and by whom?

Finally, Talosig was asked, “why on such a major issue, did your agency staff not inform the local media in Antioch about the impending board vote at least a week before the meeting so the public could have been informed and could have spoken on the matter during public comments? Will you now adopt that as a policy and practice for the future for communities affected by board votes?”

Talosig responded on Aug. 27th with a few more documents showing emails between current Acting City Manager Kwame Reed and Tamika Smith from Jan. 26th this year. She provided information in response to a question asked during a recent Antioch City Council meeting about the wheelchair lift writing it, “is in place and has been for months, it was previously stolen but is now in place and ready for use. Reed responded by asking her for a time “to discuss the parameters around the decision to close the station.”

But nothing showing any additional documentation about the station closure, who knew about it when and to whom anyone from the SJJPA spoke about it.

Talosig again wrote, “SJRRC will now consider your request closed. Should you have any questions, please don’t hesitate to contact the undersigned.”

She was asked to follow up with Mortensen to obtain answers to the questions posed to her but there has been no further response.

December 2021 Email Thread Shows Discussion of Double Tracking Between Martinez and Antioch

However, one new email thread dated December 13, 2021, was provided in response to the Herald’s latest PRA request to the SJJPA. It shows a brief conversation between then-Senior Planner Paul Herman and Daniel Hartman, a Project Manager at AECOM, an infrastructure consulting firm.

Herman wrote, “We are in discussions with BNSF about the upcoming TIRCP application and I wanted to get a preliminary cost estimate from you for a potential project we are looking at to open up additional double tracking between Martinez and Antioch for the San Joaquins. The project would include a new universal crossover track at CP West Pittsburg between BNSF Stockton Sub and UP Tracy Sub and upgrading of the UP Tracy Sub track from Port Chicago to CP West Pittsburg. The UP track I believe needs PTC and to be upgraded from 40mph to 79mph. This isn’t an urgent item, but I wanted to get it on your radar now so that we can have this information ready in January. If you have some time later this week it may be good for us to do a quick 30 minute session looking at the location and talking the request through.”

TIRCP refers to the California State Transportation Agency’s Transit and Intercity Rail Capital Program. PTC stands for Positive Train Control systems which, according to the Federal Railroad Administration, “are designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zones, and movements of trains through switches left in the wrong position.”

But only double tracking east to the future Oakley station could help keep the Antioch station open.

Amtrak Has No Documentation of Discussions on Station Decommissioning

On July 25, 2024, an Amtrak FOIA Officer responded to the request on July 10th for copies of any and all communications between Amtrak staff and the following agencies / company regarding the closure / decommissioning of the Antioch Amtrak station between January 1, 2019 and March 30, 2023: San Joaquin Joint Powers Authority, including Stacey Mortensen, David Riperda, Tamika Smith, David Lipari, Paul Herman, Autumn Gowan, Kevin Sheridan, and any others, plus, the City of Antioch, City of Oakley and BNSF Railway. (Date Range for Record Search: From 1/1/2019 To 3/30/2023). 

Rebecca Conner, Manager, Records and Information Management wrote, “We have no records responsive to this request.  Amtrak does not own the station in question.”

A new FOIA request was then submitted on Aug. 19, 2024, asking for copies of any and all communications between Amtrak staff and the following agencies / company regarding the Oakley Amtrak station between January 1, 2019 and March 30, 2023: San Joaquin Joint Powers Authority, including Stacey Mortensen, David Riperda, Tamika Smith, David Lipari, Paul Herman, Autumn Gowan, Kevin Sheridan, and any others, plus, the City of Antioch, City of Oakley and BNSF Railway.

There had to have been at least some communication between Amtrak Police and SJJPA staff prior to their board meeting on March 24, 2023, because the SJJPA staff report and presentation on the item regarding the closure of the Antioch station included information on Amtrak Police calls for service at the Antioch station.

Conner was also asked, “Are you claiming Amtrak was never made aware of the station closure before the San Joaquin Joint Powers Authority board voted for it on March 24, 2023? Which Amtrak staff members currently work with the SJJPA on the San Joaquins line that serves Antioch? Which staff members worked with them in 2021?” She was reminded that Tamika Smith worked there as the Senior Director, State Supported Services through March 2021 and was asked to provide their contact information, as well.

Conner responded on Aug. 21st, “We do not release names of staff members below the Executive Vice President (EVP) level. You are welcome to file an appeal, but I searched Amtrak for the responsive records and was told what I told you.”

She was then asked, “Even to the media? Are they not allowed to speak with someone from the media?” Conner was then asked to speak with those staff members to determine which of them communicated with SJJPA staff and City of Antioch staff and provide what was discussed and when.

She was also asked, “Do you still have access to Tamika Smith’s emails from when she worked there? Are you required to save email communications from previous staff after they no longer work for Amtrak?”

Because it’s important for both the public, as well as our local and federal elected officials to know, Conner was then asked to find out and ask those who did and/or do work with SJJPA, “Are you claiming Amtrak was never made aware of the Antioch station closure before the San Joaquin Joint Powers Authority board voted for it on March 24, 2023?”

She was asked how and to whom to file an appeal and if Amtrak will have a representative at the Sept. 20 meeting of the SJJPA Board to answer questions from the public and/or board members.

Additional Information Requested

Later, the following was added to the second FOIA request: “any notes, written or typed, from any virtual meetings and/or phone or conference calls with any of the following, discussing either the Antioch station or Oakley station between January 1, 2019 and March 30, 2023: San Joaquin Joint Powers Authority, including Stacey Mortensen, David Riperda, Tamika Smith, David Lipari, Paul Herman, Autumn Gowan, Kevin Sheridan, and any others, plus, the City of Antioch, City of Oakley and BNSF Railway.”

Conner responded on Aug. 22nd, “I sent you the only information we have on the Antioch closing” and suggested I communicate further with Olivia Irvin, Senior Public Relations Manager for Amtrak. She responded on Aug. 26th requesting the questions be sent to her. However, an email to her from the Herald with questions to Irvin hoping for a response before this Friday’s SJJPA Board meeting was discovered in this reporter’s Drafts folder on Wednesday night, Sept. 18. Nevertheless, the same questions posed to Conner were sent to her at that time.

Antioch Public Works Department Staff Knew of Closure by May 2022

According to current Acting Public Works Director Scott Buenting, someone informed him by May 2022 that the station was planned to be closed. That’s why the justification for the grant funding sought for the L Street Improvements project in the annual City of Antioch Capital Improvements Program (CIP) budget for that year was changed. The language that had been included in previous years’ budgets referring to the Amtrak station was removed from the 2022-27 Draft CIP presented to the city council that month.

That year’s CIP was approved the following month by the council members without the language change for the L Street improvements being mentioned by either staff nor questions asked about it by the council members, during the May 24th meeting when the Draft 5-Year CIP was first presented nor during the June 14, 2022, meeting when the council adopted it.

Buenting was the Project Manager for the L Street Improvements project, and his name was listed on the project’s detail sheet in each year’s CIP since 2018. Then-Public Works Director John Samuelson’s name did not appear in any emails from the PRA request responses, but Buenting’s name did appear, dating back to the discussions of the station building demolition in 2019.

The agenda item, #SM-1, for the May 24, 2022, council meeting, for which District 2 Councilman and then-Mayor Pro Tem Mike Barbanica was absent, reads, “It is recommended that the City Council review and provide feedback to staff regarding the draft 5-Year Capital Improvement Program (CIP) 2022-2027.”

When asked by Hernandez-Thorpe about the L Street Improvements project being partially funded, Buenting said, “we do have some grant funding. We will be moving forward with a portion of this project.” In response to the mayor asking, “So, we’re still $9 million short?” Buenting replied, “Yes.” Hernandez-Thorpe then said, “A decade later and we’re still talking about grants.” Buenting responded, “We are somewhat limited to the types of funding we can use for these projects. Grants are the best way to go. But I’m sure we can look into providing some additional options.”

But there was no mention by Buenting or Samuelson, who was in attendance at the meeting, nor were there any questions from the mayor or city council members about the language change in the CIP, eliminating the Amtrak station as justification for the L Street Improvements project grant funds.

(See the 44:00 mark of council meeting video)

During the June 14, 2022, meeting, with the mayor absent and no discussion among or questions from council members, the CIP, item 7 on the agenda, was adopted on a 4-0 vote. (See 3:47:15 mark of council meeting video)

Samuelson, who now works for the City of Pittsburg, did not return phone calls about the matter.

Informed in Spring 2022 at Least Five Months Before City Manager Informed

However, after multiple efforts, when finally reached on Thursday, Sept. 19th, Buenting was asked if the language was changed due to the requirement that the grant funding was no longer tied to transit or if he was told the station would be closing. He explained that the change in the project justification language in the 2022-27 CIP for the L Street Improvements project was due to being informed of the Amtrak station’s impending closure.

“A lot of these conversations I wasn’t privy to,” Buenting stated when asked when he was informed and by whom. “I know that I heard that the Amtrak station was going to close in a meeting somehow. I know it wasn’t from the SJJPA. But I had knowledge of it, and I tried to clean things up in the CIP. I don’t remember when I heard the information.”

“There is a path to transit associated with this,” Buenting continued. “There is the ferry stop. We have transit with TriDelta. That’s what I was making my changes to.” So the grant funding for the L Street Improvements will still meet the requirement that it be tied to transit.

Asked if he would look in his and the department’s files for any notes from any phone or online meeting conversations about the Antioch station closure between June 2021 and May 2022 he responded, “I’ll look and the information will probably be with the city engineer at the time.” (That was Samuelson).

“I know it wasn’t me who had the conversation. I do not recall where I got it,” Buenting reiterated

Johnson Says He Immediately Informed Hernandez-Thorpe in Fall 2022, Says Mayor Directed Him to Not Tell Any Councilmember, Especially Barbanica and Ogorchock, Called them “Racist Karens”

But it wasn’t until September 2022 that then-City Manager Cornelious “Con” Johnson was informed of the Amtrak station closure by SJJPA staff. Following publication of the Herald’s first article about the closure, when did city staff know about it and who approved it, questions were emailed on Thursday, July 18, 2024, to the five council members and Con Johnson:

The councilmembers were asked, “when did you learn the San Joaquin Joint Powers Authority was going to vote on closing the Antioch Amtrak station at either their January or March 2023 board meeting?”

Johnson was asked, “did you inform the other four council members at the time you informed the mayor after learning of the proposed closure by Tamika Smith of the SJJPA in September 2022?

Hernandez-Thorpe was asked, “once you learned of it from Con, did you inform the other council members or ask him to do so?”

The councilmembers were also asked, “were you aware that Con and Chief Ford were preparing a presentation for the SJJPA Board meeting in January 2023 and Were you aware the mayor was going to give the presentation at their March 2023 meeting?”

Johnson responded, “Once the SJJPA representative, Ms. Tamika Smith, notified me in September, I immediately contacted and informed Mayor Thorpe. In this matter, Mayor Thorpe was responsible for informing the remaining council members.”

“According to Mayor’s Thorpe’s strict directive to me and other department heads, all administrative matters had to go through and be approved by Mayor Thorpe,” the former city manager continued. “Mayor Thorpe directed me not to notify any council member, especially Councilmembers Michael Barbanica and Lori Ogorchock, who he referred to as ‘racist Karens’ without first seeking his approval. However, it was always my position to notify all the council members in accordance with city ordinances. Mayor Thorpe inferred, meddled and undermined the city manger’s responsibility on a daily basis.”

“In the SJJPA Amtrak closure matter, I informed and updated Mayor Thorpe on all administrative activities,” Johnson stated. “Mayor Thorpe was the sole arbiter, and he exclusively decided what information I should forward to the other city council members.”

“In the matter of council notifications, I don’t know if Mayor Thorpe later notified the other council members as requested by me on the SJJPA tentative decision to close the Antioch Amtrak station,” Johnson shared. “As previously stated, I notified Mayor Thorpe and City Attorney Thomas L. Smith during our weekly face-to-face meetings.”

“On March 17, 2023, the council unanimously voted to place me on administrative leave without either cause or justification. All city manager’s responsibilities were then transferred to the Community Development Director, Forrest Ebb,” the former city manager continued. “While on administrative leave, I was prohibited from making contact with the mayor, city council, city department directors and city staff. Mayor Thorpe, at no point or time, notified or informed me he was going to take over the responsibility of facilitating the previously scheduled presentation at the SJJPA Board meeting on March 24, 2023.”

“It is equally important that Mayor Thorpe was not authorized to give such a presentation because it was the sole responsibility of the city manager, since this matter was an administrative function,” Johnson added.

Only Ogorchock and Barbanica responded.

At Least Two Councilmembers Uninformed of Impending Station Closure Vote, Say They Found Out Through Rumor

Ogorchock responded, “I had no forewarning of the closure of the Amtrak station in Antioch.  I received an email just before the SJJPA’s meeting and happened to open it and saw that our station was on the agenda for closure.  I was in Mexico and logged into the Zoom meeting and listened to the portion of the meeting discussing our closure. Since I was not informed prior to this meeting I was not prepared to comment on this item.  Plus, being out of the country my network was not stable.”

“I had no idea any of this was happening. We were, at least I was, not aware of any presentation that Lamar was planning on giving,” she added.

When reached for comment, Barbanica said, “Con never told me. I’ve been trying to think back of how I learned of it. I know it was not from the city manager, at the time. He did not reveal the information to me. It wasn’t Lamar. If anything, it was mentioned in open session. I think it was an off the cuff comment. Con didn’t tell me about it, nor Lamar told me before I learned more about it through city gossip, not through city channels that it had occurred.”

“I don’t recall Lamar ever reaching out to me,” the District 3 councilman reiterated. “I do remember Lamar mentioning it in public. But that was after it was out to the public. I was never informed by the city or the mayor, anything formal this was occurring. As I recall, when I learned of it initially was through public rumor.”

More Questions for Hernandez-Thorpe Go Unanswered

Johnson’s emailed response was then sent to Hernandez-Thorpe with questions about. The mayor was asked if what the then-city manager said is correct that he immediately notified Hernandez-Thorpe after learning in Sept. 2022 from SJJPA’s Tamika Smith of the proposed closure of the Antioch Amtrak station. The mayor was also asked if what Johnson is also claiming correct that Hernandez-Thorpe directed him to not tell Barbanica and Ogorchock and if he referred to them as “racist Karens” as the reason given the city manager to keep the two council members uniformed.

The mayor was then asked if, as Johnson is claiming, he decided what information the city manager should forward to the other city council members about the Amtrak station closure and other matters, and if Hernandez-Thorpe had given Johnson and other department heads a ‘strict directive’ that all administrative matters had to go through and be approved by the mayor.

Informed that both council members said that he never informed them of the proposed Antioch Amtrak station closure and about the presentation he was preparing to make to the SJJPA Board of Directors, the mayor was asked why not and again, why he didn’t inform the public about it so they could attend the meeting either in person or online to speak against the closure.

But Hernandez-Thorpe did not respond.

Mayor Now Claims He Has Assurances from Board Chair & Member to Keep Station Open, Will Present Plan

As previously reported, last week, Hernandez-Thorpe posted an announcement on his campaign website that he had found a “Path Forward to Keep Antioch Amtrak Station Open” following a September 9th meeting with the chair and a member of the board. However, SJJPA spokesman David Lippari said the “discussion…does not alter the SJJPA board decision” last year to decommission the station.

In his announcement, the mayor wrote, “My office and city staff will develop a plan that I will present to the SJJPA on September 20, 2024, and to the City Council in early October.”

Lippari shared that a, “An information item regarding the Antioch Station has been agendized for the SJJPA board meeting on September 20, 2024.” That agenda item is number 5, listed as Information and entitled, “Antioch Station History and Update,” which will be provided by SJJPA Executive Director Mortensen.

At Least Two Councilmembers Not Informed of Proposed Plan to Keep Station Open

The other four council members were asked on Thursday, Sept. 19th if the mayor or Acting City Manager Reed had informed them of the proposed plan to keep the Amtrak station open. Only Ogorchock and Barbanica responded and both said, “No”.

SJJPA Board Meeting

The joint powers authority Board of Directors meeting will be held this Friday from 11:00 a.m. to 1:00 p.m. at the Contra Costa County Administration Building in the Board of Supervisors Chambers, 1025 Escobar Street in Martinez. The public will have the opportunity to speak. See the complete meeting agenda packet. To watch the meeting via Zoom, please see instructions, here: SJJPA September 20, 2024 Board Meeting – San Joaquin Joint Powers Authority.

Please check back later for any updates to this report.

Dominique King, who isn’t a teacher allowed to use term, but retired Antioch High principal Louie Rocha can’t

Antioch City Clerk Ellie Householder says, “Educator does not mean teacher,” in spite of the dictionary definition to the contrary.  Uses her own.

By Allen D. Payton

According to the definition found in the Merriam-Webster dictionary online, the word “educator” means “one skilled in teaching : teacher”, “a student of the theory and practice of education” or “an administrator in education.” Yet, the term was allowed as one of the three titles in the ballot designation for one candidate for Antioch City Council in District 3 who isn’t a teacher and doesn’t have a four-year college degree or a teacher’s credential. But it wasn’t allowed for a retired principal who spent most of his career in education and continues to fill in as a substitute principal, including for a week, later this month.

But City Clerk Ellie Householder approved the use of the term by Dominique King, in her first run for city council against retired Antioch High School principal, Louie Rocha, who is also running for city council for the first time. The City Clerk said, “Educator does not mean teacher,” and later explained her reasoning. King claims she educates people through her and her husband’s business, which is how she also uses the title “Businesswoman”.

10-Day Public Review Period of Candidate Ballot Designations

Candidates and anyone can challenge another candidate’s ballot designations during a 10-day public review period following the close of filing. But it takes legal action and a judge’s decision in court to force a change. No challenge to King’s designation was made by Rocha or anyone else.

As previously reported, about the three titles she used in her ballot designation of “Businesswoman / Educator / Consultant” King said, “My ballot designation was reviewed and approved. I trust that if I had not met the necessary requirements during the local and county election review process, my designation would have been rejected.” But she refused to say where she teaches or how she can use the title of “Educator”.

Rocha Told He Can’t Use “Educator” in Ballot Designation Because He’s Retired and Primary Source of Income is His Pension

Candidates can offer three options for their ballot designations. Rocha offered all three, but the first one, “Retired Antioch High School Principal” was more than three words. So, the County Elections Division staff rejected it and called him about it. He also offered “Retired Principal/Educator” but that was rejected by the City Clerk’s Office because he’s retired, even though Rocha says he continues to fill in at schools periodically, as a substitute principal, referred to as an “itinerant”. They settled on Rocha’s third choice of simply, “Retired Principal.”

“After I retired, what’s pretty common, is if we will be available to serve as substitute principals,” he explained. “I’ve worked the last two years as a substitute principal at all levels including at Bidwell High School for a week, later this month.”

Rocha shared with the Herald a copy of the email sent to him by Householder about his ballot designation explaining why he couldn’t use the term “Educator.”

On Aug 1, 2024, at 3:57 PM, Ellie Householder <ehouseholder@antiochca.gov> wrote:

“Good afternoon Mr. Rocha,

I hope you are doing well.

Our office received a call today from Jacob (Stull), Supervisor at Contra Costa County Elections Division, regarding your Ballot Designation. 

Jacob said that your proposed ballot designation has more than 3 words “Retired Antioch High School Principal.”  The 1st alternate ballot designation listed “Retired Principal/Educator”; Educator is not your current position as you stated that you are retired, and your main source of income is your pension.

Jacob did approve your second alternate ballot designation as “Retired Principal.” I simply wanted to share this information with you.

Thank you.  Have a great week.

Best wishes, 

Ellie Householder, MPP

Antioch City Clerk | Elections Official”

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Questions for Householder, Staff

An email was sent to City Clerk Ellie Householder and her staff  on Friday night, Aug. 23, 2024, asking, how is it that Dominique King can use the ballot designation of “Businesswoman, Educator, Consultant” even though she isn’t a teacher, doesn’t have a four-year college degree nor a teaching credential, yet, her opponent, Louie Rocha can’t use the same term of ‘Educator’, even though he has been in education for most of his career.

They were also provided with a section from the press release announcing King’s campaign which describes her work as follows: “For the last seven years, King has volunteered and supported Antioch families through educational advocacy by helping families with children who need additional educational support, including children with special needs.” The city clerk and staff were then asked why Mrs. King wasn’t required to use the term, “educational advocate” which more accurately describes what she does rather than “Educator”. Finally, they were asked if King had told them that she works as a teacher, and if so, did she tell them where she teaches.

Householder responded on Tuesday, Aug. 27 writing, “Louie stated that he is in fact a Retired Principal and his main source of income was his pension.  ‘Educator’ was also included in his ballot designation.  Unfortunately, we were notified by the Elections Supervisor Jacob (after submitting Louie’s candidate paperwork), that ‘Educator’ was not permissible as Louie is retired.”

So, even though, since he retired, Rocha has been hired periodically as an interim assistant principal and fills in for teachers in the classroom in AUSD schools, which would mean he continues to work as an educator, because it’s not his primary source of income, he can’t use the title of educator.

“For Dominique, a part of her primary profession includes educating, which she explains in her ballot designation worksheet. Educator does not mean teacher,” Householder continued. “When our office reviewed this following the California Code of Regulations – Elections Code, we found that her designation was acceptable, since it is a part of her primary source of income. 

Jacob also advised that their office would review and approve the requested candidate nomination paperwork submitted.”

While King wouldn’t explain to the Herald how she’s an educator or where she teaches, on the website for her and her husband’s business it reads, “Lean in with the Kings is family owned and operated. LIWTK mission is to educate couples and families on how to foster healthy relationships through 1. Utilizing health and wellness. 2. Enlisting the help of professionals 3. Openly speaking from our experiences. 4. Building a supportive and informative community.”

County Elections Supervisor Explains Role, Guidance Provided, Didn’t Approve Ballot Designations

Asked why he denied Rocha’s use of the term “Educator” but approved King’s, Stull said, “The City Clerk is the determining factor for approving ballot designation. The original one was ‘Retired Antioch High School Principal’. But that was too many words. He could say he is a retired principal or retired school principal. We were trying to work with them, the City Clerk’s office.”

Asked if he had seen Rocha’s request for the designation to be “Retired/Principal/Educator,” Stull said, “No. In this case, when we spoke on the phone it was a length issue. We didn’t have the Ballot Designation Worksheet.”

“Alternate 1 was Retired Principal/Educator. You can’t use a retired designation and current designation,” the Elections Supervisor continued. “His Alternate 2 was Retired Principal and that’s what the City Clerk’s Office approved.”

“We reached out to the City Clerk about Rocha’s designation because it exceeded the word limit,” he explained.

“I don’t have Ms. King’s Ballot Designation Worksheet,” Stull stated. “The City sent me the Declaration of Candidacy, which is a form the City and County have. On the form in section 2 you put the name you want printed on the ballot. Ms. King turned in all of that with the city clerk’s office. I don’t have the justification for what that designation she requested. I don’t know if she explained educator differently. I have to go with what the City provided us, Ms. King’s three professions, occupations or vocations.”

Asked how she can use both titles of “Businesswoman” and “Educator” if the educating is done through her business and how the term educator does not mean teacher he said, “I don’t know if there are definitions within the Elections Code to define terms.” A review shows there isn’t a definition for “educator” in the state Elections Code.

The Declaration of Candidacy is not a public document and the City Clerk’s Office staff would not provide it following a request by the Herald.

County Elections Division Sides with the City on Ballot Designations

“It’s supposed to be your principal profession, occupation or vocation, a maximum of three words separated by slashes,” Stull explained. “We have to qualify the candidate, but the final say is with the City, and we side with the City. They’re the filing official. We will provide guidance when needed.”

“We reached out to Rocha because his designation was too long. King’s was fine,” he added.

Additional Questions for City Clerk, Staff

Under the California Code of Regulations Title 2. Administration Division 7. Secretary of State Chapter 7. Ballot Designations in subsection 20716 Unacceptable Ballot Designations it reads, “The following types of activities are distinguished from professions, vocations and occupations and are not acceptable as ballot designations pursuant to Elections Code Section 13107, subdivision (a)(3):

1. Avocations: An avocation is a casual or occasional activity, diversion or hobby pursued principally for enjoyment and in addition to the candidate’s principal profession, vocation or occupation. Avocations may include, but are not limited to, hobbies, social activities, volunteer work (except as set forth in Section 20714.5 of this Chapter), and matters pursued as an amateur.

Householder and the City Clerk’s staff were then asked additional questions, including regarding what she wrote in her response about King. They were asked what “is a part of her primary source of income” that refers to teaching, and if it is through her and her husband’s “Lean In With the Kings” business. While on their website it reads, “LIWTK mission is to educate couples and families on how to foster healthy relationships,” even if that’s the basis for the approval of King’s use of the term in her ballot designation, how can she use both titles of Businesswoman and Educator if the educating is done through her business, and shouldn’t it be one or the other,  Householder and staff were also asked.

Since King hasn’t said if her position as Chief Information Officer for the Oscar Grant Foundation is a paid or volunteer position, and if the latter, it would mean it’s not her profession, vocation or occupation, as is the requirement in the California Code of Regulations for Ballot Designations – Ballot Designations :: California Secretary of State, the City Clerk and staff were asked if that was the position to which King’s title of “Educator” applies.

Householder was specifically asked, since when does the term educator not mean teacher and where she obtained that definition. She was informed that it’s not defined in the State Code of Regulations and that the dictionary definition according to Merriam-Webster is clear that it means “teacher”.

The City Clerk was asked what definition she is using and the source for that definition.

Finally, Householder and her staff were asked if King is a volunteer educational advocate, a part-time columnist for the Clayton/Concord Pioneer, serves as the Chief Information Officer for the Oscar Grant Foundation (either for pay or as a volunteer) and doesn’t have a four-year degree in either education or counseling, then isn’t her work through her LIWTK business done as an amateur.

Candidates Explain, Defend Use of Titles on Ballot Designation Worksheet, King Using Business for All Three Titles

Candidates must submit a Ballot Designation Worksheet with up to three options and justifications for each. After obtaining copies of both King’s and Rocha’s worksheets, which show King is using her “Lean in With the Kings” business as justification for all three ballot titles, more and pointed questions were then sent to Householder and City Clerk staff.

They were asked shouldn’t the different titles be for different jobs a candidate holds or businesses they own or must, or can, they all refer to the same occupation, vocation and profession.

Furthermore, they were informed that in the list of questions on the form that candidates are required to mark boxes next to “Yes” or “No” to and initialize, it reads under question “3. Use more than three total words for your principal professions, vocations, or occupations?”

Householder and her staff were asked, shouldn’t those three words describe three different professions, vocations or occupations and can a candidate use more than one title in their ballot designation to refer to the same profession, vocation or occupation.

King’s Ballot Designation worksheet offered three options including her Proposed option which she was granted, Alternate 1 of “Businesswoman/Consultant” and Alternate 2 of “Businesswoman/Educator”. Beneath the justification for each of the ballot designation options she wrote under “Current or most recent job title: Cofounder Owner Start Date: 2019, Employer Name or Business: Lean In With The Kings llc. Under the name of the “Person who can verify this information” she provided Kenneth King, her husband, as well as his phone number and personal email address. Under King’s second and third choices she merely wrote “Same As Above” for the latter information.

King’s Justification for use of her 1st PVO (profession(s), vocation(s), or occupation) reads, “I co-own this business with my husband. This is my primary source of income. Education make up a large percentage of daily operations. Consulting with client on initiatives & programs is a part of our business model.”

For the Justification for use of 2nd PVO, King wrote, “As a businesswoman consulting is a portion of how we shape initiatives & programs created when outsourcing with companies or organizations.” For the Justification for use of 3rd PVO she wrote, “Education is our focus in how to engage and empower personal, relational and communal relationships. Programs are structured and require planning and preparation.”

Then, for the Justifications for the use of her 1st, 2nd and 3rd PVO’s, even though she only offered two each for her Alternate ballot Designation 1 and 2 she repeatedly wrote, “Same As Above”.

On Rocha’s Ballot Designation Worksheet as Justification for the Proposed Ballot Designation of “Retired Antioch High School Principal”, under Justification for use of 1st PVO he wrote, “I was principal of Antioch High School, retired in 2022.” For the 2nd and 3rd PVO’s he didn’t write anything. Then for the Justification for the Alternate Ballot Designations 1 and 2, Rocha simply wrote, “Same as above.”

For the person who could verify the information, Rocha wrote, Stephanie Anello, who was Antioch Unified School District Superintendent at the time, and her then-district phone number and email address.

Householder Explains Reasons for Approving King’s Use of Title “Educator”

Householder responded on Saturday, Aug. 31 writing, “In regards to your question about having multiple words to describe Mrs. King’s occupation, the simple answer is that Mrs. King is both a business owner and employed by the business. She explains this on her ballot designation worksheet, which you’ve seen.”

“Many people who own a business don’t work as employees of that business,” the City Clerk continued. “To use a generic example, someone owns a restaurant. Their ownership of that restaurant doesn’t mean they are also chefs. However, if they owned the restaurant and worked as a chef there, we would allow “business owner/chef” as their ballot designation. Mrs. King is both a co-owner and employee of Lean In With the Kings, which is the rationale for the multiple words to describe her profession.”

“In regards to your previous question about ‘educator’, as stated on her ballot designation, ‘Education is our focus in how to engage and empower personal, relational, and communal relationships. Programs are structured and require planning and preparation.’ I differentiate ‘teacher’ as someone with a credential and ‘educator’ as someone who educates, instructs, or coaches on a particular topic,” Householder explained.

“The ultimate goal when assessing a ballot designation is that it be true and accurate. Our office meets and extensively discusses this with candidates when navigating what designations are allowable under the Elections Code,” she added.

More Questions for Householder

However, on King’s Ballot Designation Worksheet she only provides the title of “Co-Founder/Owner” which she wrote three times and applies to her first ballot designation. Householder was then asked, what title as an employee for the business does King use for her “Educator” title.

Householder responded on Thursday, August 5th writing, “A part of the work she does at her organization does is educational. Hence, the title “educator.” She explains that under justification 3.” But that doesn’t provide her position as an employee. The city clerk was then asked on Friday, August 6th, what is King’s position as an employee of the company which is “educational” and since she didn’t provide her employee position, how can Householder make that argument.

But the city clerk did not respond prior to publication time.

Questions for King Go Unanswered

Regarding the justifications for the three titles in her approved ballot designation King was asked several questions for clarification in an email early Thursday evening, Sept. 5th. She was first asked why she didn’t share that it’s her business through which King claim to be an educator when she was asked how she’s a teacher and where does she teach that could have been included in the article about her candidacy.

Because her worksheet under Justification for use of 1st PVO only shows that they’re part of her business model, King was asked on what initiatives and programs for clients that she has consulted.

King was also asked, with what companies and organizations does her business outsource as mentioned in her Justification for use of 2nd PVO (“Educator”) and to provide a couple examples.

The District 2 council candidate was then asked if she meant “communial” instead of “communal” under the Justification for use of 3rd PVO (“Consultant”), because the latter word could not be found in online searches. She was also asked how the education portion of their business is conducted, if do they teach your clients from books, manuals, videos, etc., are they given homework which she reviews and/or tests which she grades

She had the justifications for the latter two ballot designation titles reversed on the worksheet.

Regarding Householder’s explanation of why King can use three different titles for the same business, the candidate was reminded that on her Ballot Designation Worksheet, King only provided the title of “Co-Founder/Owner” which she wrote three times and applies to her first ballot designation. King was then asked what title as an employee of the business does she use for her “Educator” title.

Lastly, King was asked, again, if her position with the Oscar Grant Foundation is paid or volunteer.

She did not respond by publication time on Friday, Sept. 6 at 6:00 p.m.

Please check back later for any updates to this report.

Cites “finite funding”; would have qualified some for up to $150,000 or 20% down payment; signs 5 other bills

By Allen D. Payton

In a message to the California State Assembly on Thursday, Sept. 6, Governor Gavin Newsom explained his veto of AB1840, Home Purchase Assistance Program: eligibility by Assemblymember Dr. Joaquin Arambula (D-Fresno) that it’s due to limited funds. He wrote:

“To the Members of the California State Assembly:

I am returning Assembly Bill 1840 without my signature.

This bill seeks to prohibit the disqualification of applicants from one of California Housing Finance Agency’s (CalHFA) home purchase assistance programs based solely on their immigration status.

Given the finite funding available for CalHFA programs, expanding program eligibility must be carefully considered within the broader context of the annual state budget to ensure we manage our resources effectively.

For this reason, I am unable to sign this bill.”

The bill would have allowed some illegal immigrants in California to qualify for the California Dream for All Shared Appreciation Loan program, which would have been renamed under the bill to the Home Purchase Assistance Program, and receive up to $150,000 for a 20% downpayment to purchase their first home.

Newsom also announced on Thursday the bills he signed into law:

AB 1170 by Assemblymember Avelino Valencia (D-Anaheim) – Political Reform Act of 1974: filing requirements.

AB 1770 by the Committee on Emergency Management – Emergency services: Alfred E. Alquist Seismic Safety Commission: seismic mitigation and earthquake early warning technology.

AB 2094 by Assemblymember Heath Flora (R-Modesto) – Alcoholic beverage control: public community college stadiums: City of Bakersfield.

AB 2436 by Assemblymember Juan Alanis (R-Modesto) – Cattle: inspections: fees.

AB 2721 by the Committee on Agriculture – Food and agriculture: omnibus bill.

For full text of the bills, visit: http://leginfo.legislature.ca.gov.