Antioch School Board Trustee Mary Rocha and President Ellie Householder. Photos: AUSD

Requested by Trustee Rocha before last Thursday’s special meeting; won’t be their first clash; Services Agreement with private security firm Strategic Threat Management also on the agenda

By Allen Payton

Antioch School Board Trustee Mary Rocha has requested a vote of the board to remove current president Ellie Householder during their regular meeting, tomorrow night, Wednesday, Sept. 8.

It follows the posting of a video of a police incident with a violent student at Antioch High School by Householder, prior to obtaining the details, and then her calling a special board meeting, originally to investigate the incident, last Thursday night, during which nothing was accomplished since both agenda items were tabled for up to 60 days. (See related articles, here, here and here)

The matter is item 10.E. under “Items for Information/Discussion/Action by Board”. (See complete meeting agenda)

“I requested it before last Thursday’s meeting,” Rocha said when reached for comment. “I was surprised how many calls came in calling for her removal.”

“Since Ellie became president, she has included (Area 4 Trustee Dr. Clyde) Lewis, as board vice president, in her meetings with the superintendent about each meeting agenda,” Rocha continued. “So, as a courtesy, I called Lewis and left him a voicemail message to let him know that it would be on tomorrow night’s agenda.”

When reached for comment Lewis confirmed that he attends agenda meetings and that he received Rocha’s message writing, “Yes, I’m in agenda meetings. But if there are other meetings, I’m not aware of them” and “Yes” in response to the second question.

Householder’s one-year, rotated term as board president ends in December and it is expected that Lewis, who is currently the board vice president, will be the next president. But that line of succession has not always occurred, as past boards have bypassed the vice president and voted in another trustee as president.

Rocha and Householder Have Clashed Before

This won’t be the first time that Rocha and Householder will have clashed. Rocha challenged her fellow trustee after Householder had posted some negative comments about Rocha on Twitter, in support of the protesters who broke into the school district headquarters during a board meeting, which was closed to just the trustees and staff due to COVID. Rocha was almost pushed to the ground. In response to that and Householder’s participation in a protest at then-Mayor Pro Tem Joy Motts’ home, Rocha attempted to have Householder removed from the School-City Standing Committee but it failed on a 1-4 vote.  (See related articles, here and here)

An effort to reach Householder for comment was unsuccessful prior to publication time.

In addition, during the meeting, the Services Agreement with Strategic Threat Management, Inc., whose security guards were involved in the Antioch High incident and could be seen in the video restraining the student, is on the consent calendar. That could prove to be a lengthy discussion.

UPDATE: Succession and Replacement Process

Superintendent Stephanie Anello was asked, since there is no election item on the agenda, “if Ellie is removed as board president, tonight who becomes board president to at least run the rest of the meeting? Does Clyde automatically become acting board president and will the election for a permanent board president for the remainder of the year be held at the next meeting?

Anello responded, “I believe it would fall to the vice president to run the rest of tonight’s meeting. An item would need to be placed on the next agenda to elect a new president.”

Meeting Viewing and Public Comment Information

The meeting will be livestreamed and can be viewed at https://youtu.be/F-Dsas_w-s0. Persons wishing to make a general public comment or a comment on items on the agenda can submit their comments until 4:00 p.m. on the day of the meeting. Comments can be submitted via an online form at https://tinyurl.com/ausd-public-comment-card or by email to kelliecavallaro@antiochschools.net. Comments received by 4:00 p.m. will be read to the public during the meeting.

Please check back later for any updates to this report.

By Allen Payton

Ron Bernal. Photo: City of Antioch

Antioch City Manager Ron Bernal has announced his intent to retire at the close of 2021, ending a 36-career in public service.  With single and combined roles that span 23 years in Antioch as Assistant City Engineer, Public Works Director, City Engineer, Assistant City Manager and City Manager, Mr. Bernal will depart with great appreciation for the organization, the community and how pursuits larger than oneself are a collective achievement.

“I’m living proof that opportunity lives in Antioch. I’m proud to call Antioch my home and want to see it continue to be a place where everyone can live a life of purpose and opportunity in peace, safety and community,” stated Ron Bernal.

He shared his plans with the organization late last week, noting “if I could do it all over again, I’d choose Antioch.”

His departure was expected following his hiring of Rosanna Bayon Moore, last year, for the Assistant City Manager position which had gone vacant for several years.

Mayor Lamar Thorpe shared his thoughts on Bernal’s retirement saying, “Ron is an impeccable human being, filled with compassion, understanding, and love. This has been demonstrated time after time in his relentless support and desire to house our unhoused neighbors, provide Antioch youth with new paths filled with opportunity, and much, much more.  Ron has been a friend, confidant, and advisor.  While Ron will be missed in his capacity as city manager, he and his wife will continue to be Antioch residents and neighbors to many of us.”

District 2 Councilman Mike Barbanica posted on his official Facebook page, last Thursday, the day of Bernal’s announcement, “Another BIG LOSS for the City of Antioch. Ron Bernal, the City Manager has announced his retirement. Ron, you really will be missed.”

District 3 Councilwoman Lori Ogorchock offered her thoughts on Bernal’s retirement writing, “Mr. Bernal has given our beautiful city 36 years. He thought outside the box, such as with our desalination plant and so many other ideas. It takes a very dedicated individual such as Ron to be able to accomplish all that he has. Ron will be missed as the city manager, but not as a life-long friend. Thank you to the Bernal family for sharing Ron.”

Ogorchock expects that Bernal will remain living in Antioch. “Oh, he’s not going anywhere,” she added.

According to his bio on the city’s website, “Ron has a degree in Civil Engineering from UC Davis and is a registered Civil Engineer in California. Before his role as City Manager, Ron served as the City of Antioch Assistant City Manager since 2016, Public Works Director since 2009 and Assistant City Engineer since 1998. When not at City Hall, Ron enjoys spending time with his fantastic wife, Irma, their children, two incredible grandsons Jaxon and Isaiah and granddaughter Kinsley.”

The Antioch City Council will consider its transition plans in the coming weeks, whether to have a search for a new city manager or hire Bayon Moore.

Efforts to reach Bernal, asking if that gives him enough time to be the one to hire a new police chief and if he plans to remain living in Antioch, and the other two councilmembers for comment prior to publication were unsuccessful. Please check back later for any updates to this report.

Rolando Bonilla, PIO, City of Antioch contributed to this report.

Robert’s Rules of Order Motions Chart in order of precedence. From https://robertsrules.org/motions.html

Former City Clerk Simonsen says “temporarily” tabling item can be for up to six months

By Allen Payton

Sometimes elected officials and have been in Antioch and elsewhere for years.

In an email to the Herald, the secretary of the American Institute of Parliamentarians, Atul Kapur pointed out that the Antioch School Board, during their special meeting this past Thursday, misused the motion to Table for the two agenda items. Instead, he argues, the board should have used a motion to Postpone to a Time Certain. That’s because a timeframe of 60 days was added to the motion. (See related article)

Furthermore, while a motion to Lay on the Table is not debatable, no further discussion can be held once the motion is made, and there can be no interruption, Kapur explains that a motion to Postpone to a Time Certain is both debatable and amendable. On a side note, a motion to Lay on the Table takes precedence over a motion to Postpone to a Time Certain, as is provided in the graphic, above.

Kapur’s email, with the subject line “Misuse of Table at Antioch school board meeting,” reads:

“Mr. Payton,

In your article on the special meeting of the school board, you refer to the board using the motion Lay on the Table. Unfortunately, it appears that the motion was misused, when the motion to Postpone to a Certain Time was intended.

The motion to Lay on the Table is used “to lay the pending question aside temporarily when something else of immediate urgency has arisen or when something else needs to be addressed before consideration of the pending question is resumed.” RONR (12th ed.) 17:1

That paragraph goes on to state that there is no set time to take up the motion that is laid on the table. It also states that this motion is commonly misused.

The difference is important because the proper motion, Postpone to a Certain Time, is both debatable and amendable while the motion Lay on the Table is neither.

Happy to discuss further if you find that would be useful.

Atul Kapur, MD, CPP-T, PRP

Secretary, American Institute of Parliamentarians

Certified Professional Parliamentarian and

Teacher of Parliamentary Procedure

Professional Registered Parliamentarian”

UPDATE: Former City Clerk Simonsen Weighs In

However, according to former Antioch City Clerk Arne Simonsen, who earned the title of Master Municipal Clerk, “It was okay to use the Motion to Table which is not debatable.  It could be brought back later. But they could have gone the other route as was noted in the communication you received.”

Asked if a motion to Lay on the Table – which Kapur argues is only to be used temporarily – be done indefinitely, Simonsen responded, “it is often used to ‘kill’ an item, like the legislature putting a bill in the Suspense File. The definition of temporary is up for debate. But temporary is normally considered to be up to six months.”

Therefore, Trust Mary Rocha’s motion to table without including a date certain was allowable and any further interruption, debate or discussion should have been stopped by Board President Ellie Householder, and the substitute motion by Trustee Antonio Hernandez should have not been considered or voted on. Yet, once Rocha added the 60-day timeframe, the motion should have been changed to a motion to Postpone to a Time Certain.

Rep. Mark DeSaulnier and U.S. Senator Alex Padilla. Official portraits.

By Rep. Mark DeSaulnier

Earlier this year, my good friend and former colleague Alex Padilla joined the United States Senate representing California. With both of us having decades of experience fighting for California, I am excited for this new chapter in our work together. To share more about our work, Senator Padilla and I will host a virtual town hall on Monday August 30th from 12:00 – 12:30 p.m. PT. Please join us to hear how U.S. House and Senate Democrats are working together to help American families and to advance our goals on infrastructure, climate change, gun safety reform, and more.

To join this conversation and ask a question, click here and RSVP before 10:00 a.m. PT Monday. You will receive the Zoom login information via email prior to the event. We hope to see you there!

Graphic by State of California from Gov. Newsom’s Wear a Mask campaign.

Also includes Counties of Alameda, Marin, San Francisco, San Mateo, Santa Clara and Sonoma, and the City of Berkeley; Napa and Solano Counties not included

With the COVID-19 Delta variant now infecting a small percentage of vaccinated people as well as many unvaccinated people, eight Bay Area health officers have issued health orders requiring masks indoors in public places.

The orders require all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions, starting at 12:01 a.m. on Tuesday, August 3rd.

Vaccines remain the most powerful tool in the fight against COVID-19, including the Delta variant. Nonetheless, the Delta variant is infecting a small percentage of the vaccinated in the Bay Area — who still remain strongly protected against severe illness, hospitalization, and death. In those instances of infection in a vaccinated person, a face covering prevents further spread. Bay Area health officials urge all unvaccinated residents 12 and older to get vaccinated as soon as possible.

“We must act now to protect ourselves, our loved ones and our community. If you are eligible to get a COVID-19 vaccine and have not yet done so, please do not wait any longer,” said Dr. Chris Farnitano, health officer for Contra Costa. “During July the number of hospitalized COVID-19 patients in our county increased 400%. Four out of five of the COVID patients we see are not vaccinated, even though only one out of five Contra Costa adults are not vaccinated.”

These health orders aim to reduce community transmission of COVID-19 and protect everyone. Health officials are very concerned by the substantial levels of community transmission now found across the Bay Area, especially among unvaccinated people. In part, this is due to the widespread COVID-19 Delta variant, which is substantially more transmissible than previous forms of the virus. Recent information from the Centers for Disease Control and Prevention also indicates that even fully vaccinated individuals can in some cases spread the Delta variant to others, and so indoor use of face coverings provides an important added layer of protection.

The new Health Orders require wearing a well-fitting mask indoors in public settings. Indoor settings, whether public or private, are higher risk for COVID-19 transmission, especially when you are with people you do not live with. Health officials also recommend that all employers make face coverings available to individuals entering their businesses, and businesses are required to implement the indoor face covering order.

Today’s Health Orders are consistent with guidance from the Centers for Disease Control and Prevention and the California Department of Public Health, which recommend that fully vaccinated individuals wear masks while in indoor public settings. Bay Area Health Officers will continue to monitor data, including increasing vaccination throughout the region, to determine when the Orders can be adjusted or lifted.

For more information about COVID-19, and how to get a free vaccine near you, visit cchealth.org/coronavirus.

The Los Medanos Community Healthcare District building, formerly Los Medanos Hospital. Photo from the LMCHD Facebook page.

Senator Durazo raised concerns regarding the bill pitting the legislature against Pittsburg/Bay Point community; District continues fighting legal battle against County; saves Antioch mayor’s executive director job, for now

Pittsburg, Calif., (July 8, 2021) – Today, the California State Senate Governance and Finance Committee voted against further passage of AB 903. In doing so, the bill failed. The committee is chaired by State Senator Steve Glazier (D-Orinda), for whom Antioch Mayor Lamar Thorpe, the district’s executive director, served as campaign manager.

Introduced by Assemblymember Jim Frazier (D-Oakley), AB 903 would have circumvented the already established electoral process that would allow the residents living within the boundary of the Los Medanos Community Healthcare District to vote on the future of the healthcare district.

“On behalf of our constituents, I would like to thank the Senate Committee on Governance and Finance for recognizing that this bill was not a good government bill, but rather an attempt to disenfranchise our community of our right to vote,” said Thorpe, Executive Director, Los Medanos Community Health Care District. “I am proud of the work we do on a daily basis to ensure that communities often neglected by Contra Costa County are able to receive critical healthcare services because we have always been their safety-net.”

Strongly opposed by the NAACP, AB 903 was considered by many a road map to circumvent the electoral process. During today’s hearing, Senator Maria Elena Durazo (D-Los Angeles) raised concerns about the bill as it pitted the Legislature against the residents residing within the Los Medanos Community Health Care District boundaries. Additionally, she further raised concerns regarding the community’s access to the vital services provided by the Los Medanos Community Health Care District.

With AB 903 now dead, the Los Medanos Community Health Care District will continue in the litigation process initiated by Contra Costa County. Having failed on three previous attempts, Contra Costa County filed an appeal to those lost cases. It is anticipated that the legal decision will be made in 2022.

About the Los Medanos Community Healthcare District:  Each of California’s Healthcare Districts is governed by a locally elected Board of Trustees who are directly accountable to the communities they serve.

LMCHD has been serving the local community with healthcare needs since 1946. We are located at 2311 Loveridge Road, Pittsburg, CA 94565. For more information visit www.lmchd.org.

Regional plan for transportation, housing, the economy, and the environment

Interested agencies, organizations and individuals are invited by the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) to comment on the Draft Plan Bay Area 2050. As required by state and federal law, MTC and ABAG have jointly developed this regional plan for transportation, housing, the economy, and the environment, which will serve as the San Francisco Bay Area’s Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS) upon its adoption. Draft Plan Bay Area 2050 is defined by 35 integrated strategies designed to advance the region towards a more equitable and resilient future.

A Draft Environmental Impact Report (DEIR) prepared on the Draft Plan Bay Area 2050 will be subject to public review pursuant to a separate notice.

The following online public workshops have been scheduled to receive comment on the Draft Plan Bay Area 2050:

ONLINE PUBLIC WORKSHOP

East Bay Workshop
Contra Costa and Alameda Counties
Monday, June 14, 5:00 to 6:30 p.m.
https://bit.ly/33uXj0y
Passcode: 179826
Webinar ID: 862 3482 0389

ONLINE PUBLIC HEARINGS

Additionally, MTC and ABAG will hold three (3) public hearings to receive oral testimony and written comments about the Draft Plan Bay Area 2050. Copies of the draft plan are on file with the Secretary of the Board of MTC and open to public inspection at planbayarea.org/learnmore. Should you require a hard copy of the draft plan, please submit your request to info@bayareametro.gov or call 415-778-6757 and one will be mailed to you.

The first public hearing will be held during the regular meeting of the Joint MTC Planning Committee with the ABAG Administrative Committee on:

Friday, June 11, 2021 at 9:40 a.m. (Remotely)
https://bit.ly/33xhpav
Webinar ID: 874 2787 4017
Bay Area Metro Center
Board Room, 1st Floor
375 Beale Street, San Francisco, CA 94105

In light of Governor Newsom’s State of Emergency declaration regarding the COVID-19 outbreak and in accordance with Executive Order N-29-20 issued by Governor Newsom on March 17, 2020 and the Guidance for Gatherings issued by the California Department of Public Health, the meeting will be conducted via webcast, teleconference, and Zoom for all participants. Detailed instructions on participating via Zoom are available at: https://mtc.ca.gov/how-provide-public-comment-board-meeting-zoom. The meeting accessibility instructions also will be posted to: https://mtc.ca.gov/whats-happening/events/public-hearings no less than 72 hours prior to the hearing.

Two additional online public hearings have been scheduled for:

Hearing 2
Tuesday, June 22, 5:30 p.m.
https://bit.ly/3y0ZiYp
Passcode: 177176

Webinar ID: 812 0345 4209

Hearing 3
Wednesday, July 7, 1:30 p.m.
https://bit.ly/2SIduFK
Passcode: 908706

Webinar ID: 854 5833 8822

The Draft Plan Bay Area 2050 will be available for public review beginning Wednesday, May 26, 2021, online at https://mtc.ca.gov/whats-happening/events/public-hearings,  https://abag.ca.gov/meetings-events/public-hearings, and planbayarea.org. In an effort to reduce printing costs and conserve paper and in accordance with EO N-29-20 and the Guidance for Gatherings issued by the California Department of Public Health, you are urged to review the Draft Plan Bay Area 2050 on the website listed above. Should you require a hard copy of the Draft Plan Bay Area 2050, please submit your request to info@bayareametro.gov or call 415-778-6757 and one will be mailed to you.

The public comment period for the Draft Plan Bay Area 2050 begins on Wednesday, May 26, 2021 and ends on Tuesday, July 20, 2021 by 5:00pm. All written comments must be received no later than Tuesday, July 20, 2021 by 5:00pm. All written comments on the Draft Plan Bay Area 2050 are being accepted via mail to MTC Public Information, Attn: Draft Plan Comments, 375 Beale Street, Suite 800, San Francisco, CA 94105; via e-mail to info@planbayarea.org; and online at planbayarea.org/learnmore. Comments also are being accepted by phone by leaving a voicemail at (415) 778-2292.

Public comment on the Draft Environmental Impact Report (DEIR) for the Draft Plan Bay Area 2050 will be sought pursuant to a separate notice. After considering public comment, MTC and ABAG are slated to adopt Plan Bay Area 2050 in fall 2021. For more information, call the MTC Public Information Office at (415) 778-6757.

Do you need an interpreter or any other assistance to participate? Please call 415-778-6757. We require at least three working days’ notice to accommodate assistance requests. For TDD or hearing impaired, call 711, California Relay Service, or 1-800-735-2929 (TTY), 1-800-735-2922 (voice) and ask to be relayed to 415-778-6700.

您需要口譯員或任何其他幫助才能參加嗎？請致電415-778-6757。我們要求至少提前三個工作日通知，以便滿足您的請求。對於TDD或聽障人士，請致電711，加州中繼服務，或1-800-735-2929(TTY)，1-800-735-2922(語音)，並要求轉接到415-778-6700。

¿Necesita un intérprete o cualquier otra ayuda para participar? Llame al 415-778-6757. Requerimos un aviso de al menos tres días hábiles para atender las solicitudes de asistencia. Para personas con discapacidad auditiva o TDD, llame al 711, California Relay Service, o al 1-800-735-2929 (TTY) o al 1-800-735-2922 (voz) y pida que lo comuniquen al 415-778-6700.

Governor must pay $1.35 million to reimburse churches’ attorney’s fees and costs

Photo courtesy of Liberty Counsel

By Liberty Counsel

On Monday, May 17, 2021 a California District Court entered an order approving Liberty Counsel’s settlement of the lawsuit on behalf of Harvest Rock Church and Harvest International Ministry against California Gov. Gavin Newsom. The full and final settlement was approved today the District Court and thus is the first state-wide permanent injunction in the country against COVID restrictions on churches and places of worship.

This is the first state-wide permanent injunction in the country against COVID restrictions on churches and places of worship. Under the agreed state-wide permanent injunction, all California churches may hold worship without discriminatory restrictions.

Under the settlement, California may no longer impose discriminatory restrictions upon houses of worship. The governor must also pay Liberty Counsel $1,350,000 to reimburse attorney’s fees and costs.

The settlement references several Supreme Court opinions, including Harvest Rock Church v. Newsom, that include a long list of similar nonreligious activity the High Court set forth as comparable gatherings. These include grocery stores, warehouses, big box stores, transportation, infrastructure, telecommunications, and much more. In other words, churches and places of worship may never again have discriminatory restrictions placed on them that are not equally applied to a long list of “critical infrastructure” or “essential services” as outlined in several Supreme Court precedents cited in the settlement agreement.

Pastor Ché Ahn, founder of Harvest Rock Church and Harvest International Ministry, received a letter from the Pasadena Criminal Prosecutor threating him, the staff, and anyone who attends church with daily criminal charges each up to one year in prison, and daily fines of $1,000. Despite this intense opposition, Pastor Ahn stood against these unconstitutional executive orders. He risked criminal charges and fines, as did those who worked for the church and those who attended. Thanks to his leadership, every church in California is now free.

Newsom originally imposed the most severe restrictions on churches and even home Bible studies and worship in the nation. Now after multiple reprimands from the U.S. Supreme Court, including two on behalf of Harvest Rock Church and Harvest International Ministry, Gov. Newsom will be the first governor in America to have a permanent injunction against him on behalf of houses of worship.

This case involved three emergency injunctions pending appeal at the Ninth Circuit Court of Appeals, two oral arguments before a panel of three judges, two orders from the U.S. Supreme Court, including an injunction pending appeal issued by the High Court on February 5, 2021.

The timeline for actions regarding California’s worship restrictions include:

March 19, 2020 – May 25, 2020: No Worship

May 26, 2020 – July 12, 2020: 25 percent capacity but no more than 100 people

July 13, 2020 – April 8, 2021: No worship for over 90 percent of California

April 9, 2021 – April 12, 2021: Restrictions on home Bible study lifted but not on singing and chanting

April 13, 2021 – May 9, 2021: Mandatory attendance limits are lifted

May 17, 2021 – and Forever: Discriminatory restrictions on churches permanently removed

Under the settlement agreement, discriminatory restrictions on worship and religious gatherings may no longer be applied to churches and places of worship.

Last year, the U.S. Supreme Court granted an emergency petition for an injunction pending appeal on behalf of New York City synagogues and Roman Catholic churches in Roman Catholic Diocese of Brooklyn v. Cuomo and Agudath Israel v. Cuomo. On December 3, 2020, the High Court granted the petition by Harvest Rock Church and Harvest International Ministry, setting aside all the lower court orders and directing them to follow its ruling in Roman Catholic Dioceses. When the lower courts refused to strike down California’s restrictions, the case returned to the Supreme Court.

On February 5, 2021, the U.S. Supreme Court ruled in favor of Harvest Rock Church and Harvest International Ministry by enjoining California’s total ban on indoor worship. This was the second time Liberty Counsel appealed to the High Court on behalf of these churches. The ruling also included South Bay United Pentecostal Church.

On April 9, the U.S. Supreme Court granted an emergency injunction pending appeal in Tandon v. Newsom and ruled that Gov. Newsom’s restrictions on home Bible study and worship violate the First Amendment.

Pastor Ché Ahn said, “This is a momentous day for churches in America! After nearly a yearlong battle defending our religious freedoms, our lawsuit has reached a permanent settlement in our favor. I am thrilled to see the complete reversal of the last discriminatory restrictions against churches in California, knowing this case will act as a precedent, not only in our state, but also in our nation. We are incredibly grateful to our attorney Mat Staver and to Liberty Counsel for their relentless support and fierce determination. Most of all, we give all the glory to God for moving mightily in this historic season!”

Liberty Counsel Founder and Chairman Mat Staver said, “Governor Gavin Newsom’s COVID restrictions intentionally discriminated against churches while providing preferential treatment to many secular businesses and gatherings. The Supreme Court intervened multiple times to provide relief. California may never again place discriminatory restrictions on churches and places of worship. Gov. Gavin Newsom has now been permanently quarantined and may not violate the First Amendment rights of churches and places of worship again. We are grateful for Pastor Ché Ahn, Harvest Rock Church, and Harvest International Ministry. Pastor Ahn’s leadership and courage has toppled the tyranny and freed every pastor and church in California.”