Change in how mayor is chosen requires vote of people, would result in redistricting to five council districts

First ever special meeting called by three council members not the mayor set for Tuesday at 7:00 p.m.

By Allen D. Payton

At the request of District 2 Councilman Mike Barbanica, with the support of Mayor Pro Tem Tamisha Torres-Walker and District 3 Councilwoman Lori Ogorchock at the end of Tuesday night’s meeting, the Antioch City Council will have an unprecedented special meeting next Tuesday, May 30 at 7:00 p.m. to discuss two matters. It will be the first not called by the mayor. (See related article and May 30th agenda)

The first item, specifically requested by Barbanica at the end of the Tuesday, May 23rd council meeting, is a discussion on a proposed agenda setting process for future city council meetings. Currently the mayor sets the agenda with input from the city manager, and placing requests by other council members when he chooses. That is supposed to be done within six months of the request based on the council policy adopted during former Mayor Wade Harper’s term. However, it hasn’t always been followed.

Barbanica said he and Torres-Walker held two meetings on the matter and developed a seven-point plan which they will present during the meeting.

Proposed Switch to Rotated Mayor

The second matter for discussion, also proposed by Barbanica, is the consideration of a process to transition the city from four to five election districts and to change the process from designating the mayor from being elected directly, citywide for a four-year term to a mayor serving a one-year term on a rotating basis, as is currently done for the position of mayor pro tem.

Asked if the second proposal was his, Barbanica said, “I called for the special meeting on the one item. Afterwards, I was thinking about it and I added the second item about switching to a rotated mayor.”

“I called Tamisha to ask her thoughts about it and she said, ‘yes, let’s add it,’” he continued. “I called (City Attorney) Thomas (Smith). He got a third person to agree, and I spoke to him later in the afternoon so, he said we’re going to place it on the agenda.”

“We just agreed to place it on the agenda. No one has approved anything at this point,” Barbanica stated. “It would have to go to the voters, of course.”

“I initially brought this to her (Torres-Walker) on Saturday afternoon when I was sharing with her about the need for the EOC,” the councilman shared. “We came to an agreement on that. We also spoke about the MRAP. What I proposed is, we need to replace it, anyways, let’s get rid of it, but not now. Then why don’t we bring in a police department-based vehicle. The police department wanted it anyway. I reached out to the department, and they said we’re 100 percent on board.”

“I’m very appreciative of the time she and I spent discussing ideas. This was hours that we spent going over things,” Barbanica continued. “We came up with the seven-point plan together. We bounced ideas off each other.”

“She initially reached out to me to talk about the agenda. That turned into conversations about the EOC, the MRAP and how the agenda was put together,” he explained. “I was appreciative that we spent hours on this, together.”

“I don’t want to take full credit for this. It’s something we worked together on. She was very receptive to my ideas. It was a back-and-forth thing,” Barbanica wanted to make clear.

“This was very much a collaborative effort with both of us being willing to compromise,” he added.

If approved at a future council meeting switching to a rotated mayor would require a vote by the public and the city undergoing another redistricting process for future council elections with three seats up one year and the other two seats two years later. That’s how the process is handled in most of the 19 cities in Contra Costa County. Besides Antioch, only Richmond, San Ramon, Martinez and Brentwood have directly elected mayors.

“We’re consulting an elections attorney, right now to make sure we understand the process and determine the next steps if the council majority agrees we want to look into it further,” Barbanica added.

Powers and Duties of the Mayor

The mayor has only two powers that the other city council members don’t, which are to set council meeting agendas and nominate council members and residents to committees, commissions and boards. The appointments still require the support of at least two other council members. The mayor also gets to sign ordinances, resolutions and proclamations and represent the City at the monthly county Mayor’s Conference.

Attempts to reach Torres-Walker for comment on this were unsuccessful prior to publication time. Please check later for any updates to this report.

By Allen D. Payton

According to the U.S. Postal Inspection Service, on May 4, 2023, a letter carrier was robbed at approximately 3:23 p.m. on Kendree Street in Antioch.

The U.S. Postal Inspection Service is offering a reward of up to $50,000 for information leading to the arrest and conviction of the suspects (pictured).

Take no action to apprehend these persons yourself. If you have any information about this incident, please call 1-877-876-2455 (say “Law Enforcement”). Reference Case No. 4030903-ROBB. All information will be kept strictly confidential.

Efforts to reach Antioch Police Department PIO, Corporal Price Kendall for additional details were unsuccessful prior to publication time.

Please check back later for any updates to this report.

Possibly domestic violence related; City’s second homicide this month

By Lt. John Fortner, Antioch Police Investigations Bureau

On Thursday, May 25, 2023, at approximately 8:45 PM, the Antioch Police Department Dispatch Center started receiving numerous 9-1-1 calls reporting multiple gunshots being fired at the 4400 block of Delta Fair Boulevard.

As officers were responding, witnesses called to report two victims were down on the ground and yelling for help. When officers arrived at the scene, they located two victims outside. One male victim was suffering from at least two gunshot wounds to his legs, and one female victim was suffering from what appeared to be two gunshot wounds to the head. Evidence at the scene indicated the incident occurred outdoors in front of several residences. Officers immediately began administering first aid and called for fire department and AMR paramedics. The 43-year-old male victim was transported to a local area hospital, and the 39-year-old female victim ultimately succumbed to her injuries at the scene.

Prior to police arrival, the suspect fled the area in a vehicle and has not been contacted by police. During the preliminary investigation, it appears the victims and the suspect knew each other, and this homicide is likely domestic (violence) in nature.

Antioch Police Department’s Investigations Bureau responded to the scene and took over the investigation. Currently, detectives are interviewing witnesses and residents in the area and are working to identify any suspects or persons of interest. The investigation is still active, and evidence is being collected.

This is the City’s second homicide of the month.

Anyone with information is asked to contact Detective Duffy, aduffy@antiochca.gov at (925) 779-6884, or Detective Gragg, rgragg@antiochca.gov at (925) 779-6889. You may also text-a-tip anonymously to 274637 (CRIMES) using the key word ANTIOCH.

Allen D. Payton contributed to this report.

During discussion of previous council meeting vote on minutes; says he’s “not here to…appease white fragility”

By Allen D. Payton

After calling for the firing of the Antioch Police Officers involved in the racist text scandal last Friday, at Tuesday night’s Antioch City Council meeting, May 23, 2023, during discussion of Item A, which Mayor Lamar Thorpe removed from the Consent Calendar agenda, he requested the council reverse its previous 3-0 vote by Councilmembers Lori Ogorchock, Mike Barbanica and Monica Wilson, to have the city clerk add more details to the minutes with his verbatim comments during the April 11th council meeting. That was the night he yelled at a resident during public comments. The minutes described the mayor’s comments as, “Mayor Thorpe expressed his frustration with previous public comments and declared a recess at 7:55 P.M.” (See related article)

During the Consent Calendar at the beginning of the May 9th council meeting, for which Thorpe arrived an hour late and Torres-Walker was absent, Ogorchock said there were three people who had reached out to her saying, “the minutes did not reflect what was stated exactly under the mayor’s comments and his response. So, I’m asking that the comments come back with an accurate statement of what was said.”

“And I also received similar feedback from the public and that’s no reflection on the Clerk’s Office, at all,” Barbanica said. “But several people from the district that reached out to me requesting the same thing.”

Wilson, who was running the meeting as the ranking member, asked City Attorney Thomas L. Smith, “do you have anything to say on that point? Or we can just go ahead…”

“If that’s the wish of the council then the Clerk’s Office can make that adjustment,” he responded.

“Make that adjustment and bring those minutes back. OK,” Wilson stated.

“So, is that direction?” Smith asked.

“Yes,” Wilson responded.

The council then voted 3-0 to bring back the minutes from the April 9th meeting with the adjustment to Thorpe’s comments.

During last Tuesday night’s meeting, Thorpe objected and made a motion to rescind the previous vote to have the City Clerk’s Office change the April 9th meeting minutes. (See 46-minute mark of May 23rd council meeting video)

“The reason I’m doing this is because we typically do summary minutes. We have not gone outside of that,” he said. “If we’re going to start picking and choosing what we’re going to put in the minutes that are verbatim, then I’d ask that all the minutes come back and we review them and an put outbursts by Councilmember Ogorchock, we can put other things in there when I had to use the gavel.”

“So, if people want to play games, that’s fine. I’m not participating,” Thorpe added. “That’s my motion.”

“I don’t think we should do that. I think we should stick to the summary minutes format,” he later said in explaining his motion to Torres-Walker who seconded his motion.

Ogorchock then said, “This is not just a Councilmember Ogorchock thing, there were three votes, Mr. Mayor.”

“No, I’m pointing out your outburst,” Thorpe shot back.

“I didn’t have an outburst,” she responded.

“When you had your white privileged outburst and had your finger in my face,” he stated while pointing his finger at the councilwoman.

“I didn’t have a white privileged…” Ogorchock said as Thorpe continued by saying, “like (Arizona Governor) Jan Brewer did with Barack Obama, you absolutely did.”

When you had your finger in my face,” he repeated while again pointing his finger at her. “So…”

“Keep going,” she responded.

“No, I’m done. Now you’re turn,” the mayor said.

“I’m surprised you’re giving me time to talk. You gave me the floor and keep going,” Ogorchock retorted. “It was not just me. It was a 3-0 vote.”

“I didn’t say it was just you,” Thorpe stated.

“It was a 3-0 vote,” she repeated.

“OK,” he said.

“And the vote passed,” Ogorchock pointed out.

“And my motion was to rescind it,” Thorpe said.

In response to another question by Torres-Walker the mayor who became increasingly heated said, “this motion is to undo the political game they’re trying to play, here. That’s it. If it’s a no, then you want to play this game and have the minutes reflect the verbatim transcript which is more work on the Clerk’s Office, and unfair and unnecessary.”

“Because,” Thorpe continued while looking at and gesturing toward Ogorchock, “when you had your white privileged outburst I didn’t request that.”

She denied the accusation again and he repeated it, once more.

“So, I’m sorry. I’m not playing this game,” the mayor repeated. “So, please cast your votes.”

Following the 3-2 vote, with Wilson switching her position, to keep the summary of the incident in the council meeting minutes with Ogorchock and District 2 Councilman Mike Barbanica voting no, Thorpe added, “Alright and just so we’re clear, I’m not here to cave or to, you know, appease white fragility. I’m not.”

The meeting then continued.

Garners support of two councilwomen

Barbanica says he and Torres-Walker developed 7-point plan

By Allen D. Payton

At the end of the Antioch City Council meeting, Tuesday, May 23, 2023, during Council Communications, District 2 Councilman Mike Barbanica called for a special meeting to discuss when and how things are placed by the mayor onto a council agenda. He garnered the support of Mayor Pro Tem Tamisha Torres-Walker and District 3 Councilwoman Lori Ogorchock. (See 3:43:43 mark of the meeting video)

Barbanica said, “last council meeting I asked for the tobacco ordinance to come back to this meeting. It did not. Mayor Pro Tem Torres-Walker and I had two meetings. I’m calling for a special meeting on Tuesday, 5-30-23 at 7 p.m.

As the councilman was speaking, Mayor Lamar Thorpe left his seat at the dais.

Barbanica continued to speak saying he wanted the meeting in order “to revamp how our agenda is handled for council to give all council members much more say in what is placed on the final agenda. We’ve put together a seven-point plan.”

Currently, the mayor sets each council meeting agenda working with the city manager.

“I agree with the special meeting to discuss the agenda,” Torres-Walker stated. “Since I’ve been on this council, I’ve had an issue with the six-month timeline for items being placed on the agenda.”

Ogorchock then said, “I’ll support that.”

“In terms of the agenda, I’ve been pretty transparent about delaying things,” Antioch Mayor Lamar Thorpe responded. “One of the biggest challenges is the budget. What we’ll start seeing is I was planning on calling a special meeting for a six-month review. I’ve asked the city attorney what’s a realistic timeline for staff. I’ve heard some of the concerns that staff has. So, I get it from staff, and I hear what they say with their concerns we’re frontloading items. Then we lost Con Johnson. So, I’ve been very clear I’ve slowed things down.”

“We now contract out a lot of these ordinances,” he added.

“And I understand your comments. But I made a simple request at the last meeting. The council majority supported it, but it didn’t happen,” Barbanica stated. “So, my request for a special meeting, stands, and we’re going to completely revamp how this agenda is developed so that the council majority has a greater say.”

“I’ll say, again, the ordinance is coming back,” Thorpe responded. “But I’ve got to work with staff.”

With three councilmembers supporting the call for a special meeting, it must occur, according to past advice from City Attorney Thomas L. Smith.

The special meeting has been set for next Tuesday.

By Marisa Greenberg, Marketing & Communications Coordinator, 4CD

The Contra Costa Community College District (4CD) has selected Dr. Pamela Ralston as the seventh permanent president of Los Medanos College (LMC). The 4CD Governing Board will vote on ratification of her contract at their June 14, 2023, meeting. The announcement was made following a search that began in February 2023.

“Dr. Ralston brings tremendous experience and commitment to improving student success and student equity by working collaboratively with faculty, staff, and administrators,” said Interim Chancellor Mojdeh Mehdizadeh. “Through the development and support of strong, innovative programs, and in designing a supportive environment where both students and staff feel respected and appreciated, I am confident we have chosen a leader who is a great fit for 4CD, Los Medanos College, and the East County community.”

Over the course of a two-decade career in public higher education, Dr. Ralston has served as the Interim President at Los Medanos College, President at Santiago Canyon College, and Executive Vice President of Educational Programs at Santa Barbara City College, where she led the academic and student services programs. A passionate advocate for diversity, equity, and inclusion in education, Dr. Ralston has worked to create a welcoming and inclusive environment for all students, with special attention to the strengths that their cultural backgrounds and ethnic identities bring to their college experiences.

Dr. Ralston earned a bachelor’s degree in English from the University of Oregon and Master of Arts and doctoral degrees from the University of Washington in Comparative Literature.
“I am honored to be selected to lead this incredible higher education institution,” said Dr. Ralston. “I am eager to help maintain and expand LMC’s legacy of educational excellence, promote community college as a great choice for our students, while building stronger connections and partnerships with our community.”

The Contra Costa Community College District (4CD) is one of the largest multi-college community college districts in California. The 4CD serves a population of 1,200,997 people, and its boundaries encompass all but 48 of the 734-square-mile land area of Contra Costa County. 4CD is home to Contra Costa College in San Pablo, Diablo Valley College in Pleasant Hill, Los Medanos College in Pittsburg, as well as educational centers in Brentwood and San Ramon. The District headquarters is located in downtown Martinez. For more information visit www.4cd.edu.

Torres-Walker, Thorpe repeatedly interrupt city attorney during discussion

By Allen D. Payton

During Tuesday night’s Antioch Council meeting agenda on May 23, 2023, the council reviewed the City policy, for all of its departments, regarding the selection of contracted attorneys and the review, authorization and execution of all agreements for legal services and services to be provided by attorneys to the City. But the focus was revising the policy so that the council is not included.

Currently City Attorney Thomas L. Smith is charged with that responsibility based on the policy approved by the city council two years ago. But, last fall, the council, on a 3-2 vote, directed City Manager Con Johnson to hire an outside attorney for them on an invalid contract after Smith warned them three times not to, according to District 1 Councilman Mike Barbanica. That cost the city $39,000. (See related article)

According to the city staff report on the item, the Antioch City Council on February 26, 2021 approved the following:

“1. The City Attorney shall exercise discretion over the selection of all attorneys providing Legal Services, as defined herein, for the City including all of its departments.

2. [A]ll agreements for the provision of Legal Services, as defined herein, to the City, including all of its departments, or on behalf of the City that are to be paid by the City shall be submitted to the City Attorney for review and approval, and the City Attorney shall have the discretion to approve and execute all such agreements on behalf of the City when the City Attorney determines the agreement is consistent with Antioch Municipal Code, Title 3, Chapter 4, Article II. Any agreements for Legal Services to the City or on behalf of the City that are not approved by the City Attorney in writing shall be void.

3. [A]ll invoices for Legal Services, as defined herein, shall be required to be submitted to the City Attorney for review and payment through the City Attorney’s Office. No payment shall be made for Legal Services pursuant to existing or future agreements unless approved in writing by the City Attorney. Therefore, the budgeted amount for the City Attorney’ s Office shall include the amounts necessary for the payment of such invoices.”

“I think that pretty sums it all up,” said resident Andrew Becker during public comments on the item. “We approve ordinances in this city which are the law then we come to meetings, brazenly and we try to find a way to work around them. Whatever those determinations are you still have to live inside what the law is. You open us up…and you so brazenly do it. I voted for it with the understanding you would follow the laws in this city. Sometimes the law…means fixing it. But fixing it doesn’t mean circumventing it. Every time something comes to a vote we hear what the mayor says how he wants it to go and we take it. But for you to say we’re going to take our current policies and throw them out the window? For you to go on record and so brazenly say, we’ll figure out. The law? That’s how the healthcare district dissolved.”

“This item is being brought because this is a new policy. We adopted it as part of our police reform,” Thorpe said. “We wanted the city attorney to review the hiring of attorneys. In the past the police department just went and hired their own attorney. As has happened often, this policy binded us as a city council. But we’re the governing board.

“The California government code says the city attorney shall advise the council on all legal matters,” Smith interjected.

“We heard you the first time, thank you,” Thorpe responded. “This policy didn’t allow us to go get a second opinion. As a governing board…we should be able to do that.”

“The very same reason we created this policy is because the community is saying the police department’s internal affairs. Police shouldn’t review themselves,” Torres-Walker stated. “If we don’t trust what the city attorney is giving to us, we should have the right to get a second opinion without the city attorney. Our city attorney shouldn’t be able to hire an attorney to look into themselves.”

“Yes, it was a good policy in hindsight. But the council shouldn’t be included,” she added.

“I’d like to address that. If you don’t trust the people you’ve hired…” City Attorney Smith began saying.

“I don’t think we’re here for the council to get into a back and forth with the city attorney,” Torres-Walker said speaking over him. “I didn’t ask a question of the city attorney.”

Thorpe then allowed him to speak.

“I think it’s important what you said. If you don’t trust your city attorney, you have the ability to hire any city attorney you want. It only takes three votes,” Smith stated.

Torres-Walker interrupted him, again.

Thorpe stopped her and said, “I don’t want to get into a back and forth.”

“I just have to say is if there is a trust issue you can hire…” Smith began saying before being cut off, again.

“I think we’re all aware of that,” Thorpe responded.

“Perhaps the proper terminology isn’t a lack of trust but a disagreement with the advice being offered,” Torres-Walker clarified. “We should be able to seek outside counsel.”

“If we want a second opinion, we should be able to get a second opinion,” Thorpe said asking to have the policy revised.

“I went back and looked….I did not vote for it originally,” Ogorchock said. “I’m not in favor of this, now. He’s just reviewing the contract.”

“No. He would select the attorney,” Thorpe responded. “And we wanted this, and it included us. But I don’t think we should have to get a permission slip.”

“There has to be a city out there similar to ours,” Wilson said. “I can’t imagine there’s not a process that we can take to hire an attorney not of your choosing.”

“Before this policy, that was the case,” Thorpe responded. “If we wanted a second opinion, we could give direction to the city manager to hire an outside attorney. There are different examples. But I don’t want to go down that road. I’m just saying we shouldn’t be a part of this policy. All I’m asking is for that modification to this policy which I still think is a good policy.”

“I think we should go back and revise it,” Torres-Walker said. “There’s never been an instance when I didn’t trust our city attorney. So, I didn’t use the right language. But there was an instance when I didn’t trust the process. City Attorney, this isn’t me saying I don’t trust you. I should have used different language.”

Barbanica then said, “initially I was not for this. I’m fine with the policy the way it is, today.”

Ogorchock simply said, “no.”

Wilson supported revising the policy, agreeing with Thorpe and Torres-Walker that it should not apply to the city council. A revised policy will return for a future vote.

By Allen D. Payton

At the request of Antioch Mayor Lamar Thorpe, following comments from two members of the public, one who thought it was put to good use, the city council members discussed the police department’s MRAP military vehicle during their meeting Tuesday night, May 23, 2023. They agreed to keep it for now and at the request of District 2 Councilman Mike Barbanica, APD staff will search for a non-military alternative.

The Mine-Resistant Ambush Protected (MRAP) military light tactical vehicle was donated to the City by the federal government. As previously reported, the U.S. Defense Logistics Agency’s 1033 program allows the Pentagon to give extra military equipment to local police departments across the United States. It’s part of their mission of disposing obsolete and unneeded excess property turned in by U.S. military units around the world. The type of property ranges from military-specific equipment and vehicles to generic office furniture, computers, medical items, and shop equipment. (See related article)

The department relabeled it a “Rescue Vehicle” and uses it for intense situations including stand-offs with armed suspects as occurred a few times in the past two years. (See related article)

“The only thing I would ask is, I don’t believe we need the tank,” Thorpe stated. “There are alternatives to the tank. I don’t think we need this. The MRAP was designed for something completely different. The MRAP was not designed for the streets of Antioch. Police officers are not trained with the MRAP. Given where we’re out I don’t think it looks good for Antioch. There’s no room for militarized equipment. I hope council can agree to that.”

“We would like to look at an alternative, too…moving into the 21st Century…if council is interested,” said Lt. Joe Vigil.

“There are armored vehicles that we can look at that keep our community safe,” District 2 Councilman Mike Barbanica said. “I’m willing to do it…working with the chief, maybe the mayor pro tem, something that’s law enforcement based. There are plenty of them out there. I’m definitely willing to work with the chief and work through any proposals and bring it back to council for discussion.”

“I don’t necessarily know what the MRAP is used for. People say it looks scary,” said Mayor Pro Tem Tamisha Torres-Walker. “I do believe there is a necessity to use such a vehicle in the community…to keep people safe. While the council pursues a different vehicle that’s more suitable…that will come at a cost. The MRAP that we all want off the streets will stay in commission while trying to obtain a different vehicle.”

“Mayor Pro Tem, there are some options to reduce those costs. There are grant programs,” Vigil responded. “We are willing to explore every option.”

“I do believe the police department is capable of finding an alternative. I don’t believe it’s necessary to form a committee,” Thorpe said.

“It’s the policy that I’m concerned about,” Torres-Walker responded.

“Let’s separate those things,” Thorpe stated.

“Because it’s not coming from the military it will be purchased,” Vigil explained. “We would either sole-source or send out an RFP and bring it before council.”

“I think she’s talking about policy, when we deploy it,” Thorpe said. “And any policy for the police department would come before the Police Oversight Commission.”

“To clarify, the current vehicle stays in operation until we find another vehicle,” Barbanica stated.

“I’m open to that and to immediately appointing people to the Police Oversight Commission,” Torres-Walker said with a chuckle.

“As soon as my support is hired,” Thorpe responded. “I’m not a secretary. I don’t coordinate people’s schedules.”

City Attorney Thomas L. Smith asked for a motion and vote which Barbanica attempted to make. But because Thorpe said the policy included with the agenda item was incomplete, the item must return for a future council vote.