Ogorchock does so, again following release of investigation report by attorney for former healthcare district of sexual harassment claims and Times’ editorial

By Allen D. Payton

In a post on her campaign Facebook page on Sept. 17, former Antioch Councilwoman Joy Motts, who had worked and voted along with Thorpe during her two years on the council and is, again running for the District 1 seat, this year called for his resignation.

She wrote, “I want to share the statement I made yesterday at the League of Women’s Voters/CCTV Forum. ‘I take any accusation of sexual harassment in the workplace or anywhere with the utmost seriousness. And I firmly believe that any man or woman that engages in sexual harassment or is convicted of sexual harassment should not hold public office.’

Information continues to come forward about the Mayor in what seems to be a concerning pattern of behavior, abuse of his position, and his treatment of others. I believe it would be in the best interest of the City of Antioch that the Mayor resign.”

Her alliance with Thorpe, which included the effort for the homeless motel on E. 18th Street and his support for Motts’ efforts for the Rivertown Center project at the former lumber company lot for a park and events, had already broken down, earlier this year over the way Thorpe interfered in the annual Juneteenth celebration, for which the organization she leads, Celebration Antioch Foundation, supported and served as the fiscal agent. (See related article)

Ogorchock Again Calls for Thorpe’s Resignation

Following the publishing on Thursday, Oct. 6, 2022, of an East Bay Times editorial calling on Antioch Mayor Lamar Thorpe to resign over his “intolerable mysogistic behavior”, District 3 Councilwoman Lori Ogorchock, again called on her colleague to resign. The editorial was a result of the release of the investigation report into the sexual harassment claims by two former employees of the now defunct Los Medanos Community Healthcare District against Thorpe while he was executive director. (See related articles here and here and report:

An article by eastcountytoday.net provides details from the redacted investigation report and that “According to the document, all three allegations were sustained. Confidential Investigative Report LMCHD Thorpe 041222-REDACTED

1. One June 11, 2021, Executive Director Lamar Thorpe grabbed Jocelyn Munoz bare leg while they were at a bar, and commented that it was sexual harassment
2. Executive Director Lamar Thorpe made inappropriate comments to Jocelyn Munoz.
3. Executive Director Lamar Thorpe made inappropriate and vulgar comments to Jasmine Cisneros, then grabbed her buttock, while at a work conference in Monterey.

The report further shows, “Thorpe was vague in his responses, and at several points in the interview did not respond to the question asked. Several of his statements were contradicted by other statements and evidence provided, such as the text messages.”

In a post on her official Facebook page Thursday evening Ogorchock wrote, “The Mayor should resign, I can’t say it loud enough!

Sexual harassment, alleged sexual misconduct, drunk driving, are all enough on their own but stacked together, are egregious and shameful. This behavior cannot be ignored nor tolerated. We must not create an environment in which those that are victims of sexual harassment fear to come forward. At NO time should sexual harassment be tolerated by anyone in any circumstances.

For those on council that fail to denounce the Mayor and his conduct are being enablers.  Our community trusts this council to make the tough decisions and to be strong leaders even in the face of taxing times. We should be unified in requesting the resignation from the Mayor.

If not what message are we sending to the victims and our constituents?”

Ogorchock is running for the District 4 council seat up for election next month, after being gerrymandered by the mayor and Councilwomen Monica Wilson and Tamisha Torres-Walker during the redrawing of district lines, earlier this year, moving Ogorchock from her current district into Wilson’s neighboring district.

Thorpe Does Not Respond, Continues to Deny Allegations

Thorpe was asked early Friday morning if he had any response to what is written in the report, the Times’ editorial or the comments by his former and current council colleagues. He did not respond by publication time Friday afternoon.

However, according to a Times article published on Thursday, Oct. 6, “Thorpe has denied the accusations and said the investigation was faulty and failed to include all potential witnesses, including a woman who was with him during one of the alleged incidents. ‘I am denying all the allegations, and the people who were actually there also say it didn’t happen,” he said. ‘I’ll just reiterate that the people corroborating their stories had something financially to gain. No independent witness was used to determine any facts.’”

Please check back later for any updates to this report.

Copy of Antioch Herald, other local newspapers included in new time capsule placed in vault at new county Administration Building

By Contra Costa County Office of Communications & Media

Martinez, CA – On October 4, 2022, the Contra Costa County Board of Supervisors opened a 58-year-old time capsule that was buried on September 26, 1964, under the prior Administration Building at 651 Pine Street in Martinez.

“We were excited to see what items were preserved in the old time capsule and to accept materials from all five Board Members as well as County departments for the new Administration Building time capsule,” said Board Chair Supervisor Karen Mitchoff. “The new time capsule will be placed in a vault at 1025 Escobar Street and opened in 2072.”

The 1964 capsule contained a diverse collection of artifacts. Some of the unearthed items included the County’s 1964 annual report, predictions from the City of Martinez, emergency numbers for fire, police, and the County, a picture of the building maintenance staff, a County office telephone directory, directions on how to operate a push-button telephone, a photo of the first Contra Costa Courthouse built in 1855 and demolished in 1903, a copy of the special edition dedication of the Administration Building published in the Morning News-Gazette on September 25, 1964, and a letter from the 1960s County Administrator Joseph P. McBrien. The items will be placed on a history wall in the new Administration Building at 1025 Escobar Street.

At the October 4, 2022, Board of Supervisors meeting, the County Board of Supervisors and departments also included items for the new time capsule to be opened in 50 years.

District 3 Supervisor Diane Burgis said, “This is a moment where you get to talk to people in the future, and it made me philosophical and introspective. The capsule that we are opening today was set up a year before I was born, and so much turbulence was going on in the world at that time, and as much as things have changed, they haven’t.”

She included a letter addressing the current situation in District 3, the County, and the world, background on District 3 and far east County, and the priorities and issues in 2022. Supervisor Burgis added, “I closed the letter with a message to my future loved ones and encouraged people to continue to give and serve to make the world a better place. We must be optimistic and look forward to the progress that has gone on in the world.”

She also included a bio, a photo with her staff, and information from Antioch, Bethel Island, Brentwood, Byron, Discovery Bay, Knightsen, and Oakley. Recent editions of local newspapers including the February 2022 copy of the Antioch Herald which featured the City of Antioch’s yearlong Sesquicentennial Celebration of its 150th anniversary of cityhood, plus brochures of the Future of the Diablo Valley Conference, and the Delta Counties Coalition memorabilia were also included.

Board Vice Chair and District 5 Supervisor Federal Glover said, “This is an opportunity to reflect where the County has been in the last several decades. So, I included some history in terms of myself, in that I am the first African American to be a part of the Board of Supervisors.”

Some items that he included were pins from the cities, brochures, and information on the widening of Highway 4, BART coming into the county system, eBART, community colleges, refineries, the Zero Tolerance initiative against Domestic Violence, electrifying of housing through the Sustainability Committee, the Office of Racial Equity and Social Justice, and the Youth Summits.

District 4 Supervisor Mitchoff included a letter highlighting the significant impacts of the pandemic and commenting: “My hope and wish are that 50 years from now, we will have returned to a time when people are respectful, more courteous, and more understanding of different points of view.” Her letter also identified major issues affecting Contra Costa County including the Delta, transportation, housing, and public service.

Mitchoff included letters from each city in her district and photos of their council members. All cities provided pins, Clayton provided a pen, and Pleasant Hill provided a stamp from this year’s library opening.

District 1 Supervisor John Gioia’s letter to the future indicated, “We faced enormous challenges. We persevered. We had faith in our young people and future leaders to protect and fight for our future. We know you will have the wisdom and the will to continue the fight for our planet and our communities.”

He included a CD about the Contra Costa Historical Society, a COVID home test kit, an N-95 mask, a San Francisco Bay Trail Map with a note hoping the trail would be fully built, a T-Shirt from the 5th annual Richmond Indigenous Peoples Walk to show respect for our native inhabitants, a T-Shirt from a recent Coastal Clean-Up Day, a “Racism is a Public Health Crisis” lapel pin, and a lapel pin of the original El Cerrito High School which Gioia attended.

District 2 Supervisor Candace Andersen’s items included letters from Danville, Lafayette, Moraga, Orinda and San Ramon. She also wrote a letter describing her role as County Supervisor, as well as the priorities and issues confronting District 2. Supervisor Andersen included a Blackhawk Bulletin, photos of the Alamo Municipal Advisory Council, and a PowerPoint presentation about District 2.

“I also included our holiday card, which is a picture of my staff because they are an integral part of what we do in serving the community,” she added.

To see all the items the Board of Supervisors placed in the new time capsule and opened from the 58-year-old time capsule, visit  https://www.contracosta.ca.gov/8735/Contra-Costa-County-Time-Capsule. The new time capsule is scheduled to be buried at 1025 Escobar Street and opened in 2072. Watch the video of the presentation and ceremony. For more information, you can visit https://www.contracosta.ca.gov/.

Lamar and Kenry Young face life sentences

ANTIOCH, CA – On Monday, September 26, 2022, a jury of Kenry Lee Young and Lamar Young’s peers returned with a guilty verdict after a five-week trial. The brothers were convicted of California Penal Code Section 289 (sexual penetration by a foreign object), PC 287 (oral copulation), and two counts of PC 211 (robbery) for the numerous crimes they committed on October 17, 2020. (See related article)

While we regret these crimes took place, we would like to commend the bravery of the victims for coming forward and assisting with the prosecution of these two men. Because of their efforts, the Young brothers will never be able to victimize anyone else.

Additionally, we would like to thank Deputy District Attorney Jessica Murad and everyone else involved for their hard work during this lengthy trial.

The Antioch Police Department would like to thank the members of the community who assisted us with this investigation, in addition to the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, FBI – Federal Bureau of Investigation, and Stockton Police Department.

Lastly, we would like to recognize the tireless efforts of Antioch PD Detective Kelly Inabnett, who was the lead investigator on this case. His extensive work and dedication to bringing justice to the victims led to the identification, arrest, and successful prosecution of this case.

Face Life Sentences

UPDATE: According to the Contra Costa District Attorney’s Office, Lamar and Kenry Young, the two brothers who callously committed a sexual assault and robbed two foreign national students in Antioch, are facing life sentences.

35-year-old Lamar Lee Young of Stockton and 33-year-old Kenry Lee Young of Antioch attacked a couple on October 16, 2020, before midnight in the Palms Parking Lot near G Street in Antioch. The victims traveled to Antioch from the South Bay to go fishing at a pier on the Delta. When the victims returned to their vehicle, Lamar and Kenry approached them on foot with handguns drawn while the couple were seated in their car. The Youngs then proceeded to use their firearms as blunt force weapons on both individuals, carried out sexual acts on the female victim, and robbed them of their valuables — including an ATM card.

Members of the Antioch Police Investigations Bureau took the lead in reviewing a large amount of video evidence – including areas near the scene of the crime and a bank’s security camera footage where Kenry Young attempted to use the stolen ATM cards to withdraw cash. Investigators also used a DNA sample from Kenry Young to compare it to forensic evidence from the scene of the crime – which resulted in a positive match.

On October 22, 2020, members of the Antioch Police Special Operations and Problem Oriented Policing Units arrested Kenry Young at his residence in Antioch, which was only a few blocks from the crime scene. Lamar Young, identified as the second suspect, was arrested in Stockton on October 29, 2020.

After the Youngs were booked into the Martinez Detention Facility, the Contra Costa County District Attorney’s Office filed a six-count felony complaint on November 2nd against Kenry and Lamar Young.

On September 26^th, 2022, a jury found both men guilty of forcible oral copulation and sexual penetration by a foreign object with enhancements for use of a dangerous or deadly weapon, as well as second-degree robbery and assault.  Each faces a minimum of 30 years to life. A sentencing date has been set for December 16^th, 2022, in Martinez in front of Judge Rebecca Hardie.

Deputy District Attorney Jessica Murad – who prosecuted the case for The People — said she’s thankful to the victims for coming forward and “having the courage to testify against these men for these truly horrific crimes. By doing so they have ensured no one else will ever be victimized by these brothers again.”

Antioch Police Detective Kelly Inabnett said in a statement: “I am sorry I met the victims during one of the most traumatic moments of their lives, but I am grateful and inspired by the strength they showed when testifying against their perpetrators. I am grateful the jury decided to hold the Young brothers accountable for their actions.”

The Contra Costa District Attorney’s Office and the Antioch Police Department would like to thank the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, Federal Bureau of Investigation, the Stockton Police Department, the CCCDAO’s Sexual Assault Unit, Legal Assistants, Victim Support, and the members of the community who helped in the investigation and prosecution of this case.

Original Antioch Police News Release

ANTIOCH, CA. On Saturday, October 17, 2020, at about 1:00 am, Antioch Police patrol officers were notified of a brutal sexual assault that occurred in the Palms Parking Lot (near the Foot of G Street). Officers learned two victims were fishing at the San Joaquin River and returned to their vehicle at about 11:50 pm the previous evening. They were approached by two male suspects who were armed with handguns. The suspects robbed and pistol whipped both victims. After doing so, both suspects forced the female victim to perform sexual acts on them. The suspects left the scene in a vehicle – and minutes later – attempted to use a credit card stolen in the incident at an ATM.

Members of the Antioch Police Investigations Bureau took over the investigation and performed an extensive collection of video evidence. This included areas near the scene of the crime and the ATM that was used. From this video collection, investigators developed a suspect, 31-year-old KENRY LEE YOUNG of Antioch. A reference sample of his DNA was compared to forensic evidence from the scene of the crime, resulting in a positive match. On October 22, 2020, members of the Antioch Police Special Operations and Problem Oriented Policing Units arrested Kenry Lee Young at his residence, which was only a few blocks from the crime scene.

Detectives conducted additional investigation and learned the second suspect was Kenry Young’s brother, 33-year-old LAMAR YOUNG of Stockton. On October 29, 2020, members of the Special Operations and Problem Oriented Policing Units placed Lamar Young under arrest in Stockton.

On Monday, November 2, 2020, the Contra Costa County District Attorney’s Office charged both Kenry and Lamar Young with multiple felonies, including oral copulation by force, sodomy by force, sexual penetration by force, aggravated assault with a firearm, and two counts of

robbery. Both remain in-custody at the Martinez Detention Facility awaiting trial and their bail was set at $3,450,000.

The Antioch Police Department would like to thank the members of the community who assisted us with this investigation, in addition to the Contra Costa Sheriff’s Office Crime Lab, Serological Research Institute, FBI – Federal Bureau of Investigation, and Stockton Police Department.

Additional inquiries or information can be directed to Antioch Police Detective Inabnett at (925) 779-6932 or by emailing kinabnett@antiochca.gov. Anonymous tips or information about this – or any other incident – can be sent via text to 274637 (CRIMES) with the keyword ANTIOCH.

A comprehensive package to address concerns of students, families, educators

Washington, D.C. – Today, Thursday, Sept. 29, 2022, Congressman Mark DeSaulnier (D, CA-11), Chairman of the House Education and Labor Committee’s Subcommittee on Health, Employment, Labor, and Pensions, and Education and Labor Committee Chairman Robert C. “Bobby” Scott (VA-03) announced House passage of the Mental Health Matters Act (H.R. 7780), legislation they authored to help confront the mental health crisis by increasing access to support, services, and resources for children, students, workers, and families. The bill passed the U.S. House of Representatives by a vote of 220-to-205 with all Democrats and one Republican voting in favor.

“From children and young adults experiencing an uptick in mental health challenges to educator burnout, our country is experiencing a mental health and substance abuse crisis. As someone who lost their father by suicide, I am proud to have led this comprehensive approach to strengthen mental health resources for students, educators, and workers with Chairman Scott,” said DeSaulnier. “I urge the Senate to pass this legislation so we can combat the mental health crisis in this county and ensure everyone has the resources they need to live happy, healthy, and fulfilling lives.”

“The COVID-19 pandemic exacerbated the mental health crisis among students, workers, and families. As a result, educators have been forced to play an outsized role in supporting and responding to students’ mental health needs, leading to increased depression and trauma among educators. Moreover, nearly half of the U.S. workforce now suffers from mental health issues since the COVID-19 pandemic began. In response to the national mental health crisis, I am proud to stand in strong support of the Mental Health Matters Act led by Congressman Mark DeSaulnier. The Mental Health Matters Act delivers the resources that students, workers, and families need to improve their well-being,” said Chairman Scott.

The Mental Health Matters Act takes comprehensive steps to address our nation’s mental health and substance abuse crises by strengthening school-based behavioral health care, bolstering mental health parity protections, and ensuring access to mental health and substance use disorder benefits for workers and families.

Specifically, this bill would:

• Increase the number of mental health professionals serving in high-need schools and help to build a pipeline of school-based mental health services providers;
• Help state educational agencies recruit and retain school-based mental health services providers at high-need public schools;

• Require institutions of higher education to increase transparency around the accommodations process and allow incoming students with existing documentation of a disability to access disability accommodations;

• Increase students’ access to evidence-based trauma support and mental health services through innovation by linking schools and districts with local trauma-informed support and mental health systems;

• Require the Department of Health and Human Services to identify evidence-based interventions to improve the health of children and staff in Head Start programs, and help Head Start agencies implement these interventions;

• Strengthen the capacity of the Department of Labor to ensure that private, employer-sponsored group health plans provide mental health and substance use disorder benefits under the Mental Health Parity and Addiction Equity Act (MHPAEA) and the Employee Retirement Income Security Act (ERISA); and

• Strengthen the ability of people with private, employer-sponsored health and retirement plans to hold plan sponsors accountable when they are improperly denied mental health and substance use disorder benefits.

DeSaulnier represents most of Contra Costa County in the U.S. House of Representatives.

Wilson backed by the most politicians; Torres-Walker backed by many obscure and/or out-of-town organizations; both backed by Bernie Sanders’ organization and injecting partisan politics into campaign for non-partisan office

Ogorchock, Motts backed by Antioch Police Officers; White endorsed by Mayor Pro Tem Barbanica, Sheriff Livingston

Building Trades endorses both Motts and Torres-Walker; Assistant D.A. Mary Knox endorses both Ogorchock and White

By Allen D. Payton

In the races for Antioch City Council Districts 1 and 4, the candidates have been announcing endorsements they’ve received from various individuals, including elected officials, as well as groups, including labor unions and the Antioch Police Officers Association (APOA). Incumbent Councilwomen Tamisha Torres-Walker and Monica Wilson are running as a slate with the backing of Mayor Lamar Thorpe.

District 1 Candidate Endorsements

In the District 1 race, in addition to the support of her two council colleagues, incumbent Councilwoman Torres-Walker has announced a variety of endorsements on her official Facebook page, including the Service Employees International Union (SEIU) Local 1020, Central Labor Council which didn’t interview either of her opponents before issuing their endorsement, and the Contra Costa Building & Construction Trades Council which also endorsed Joy Motts. Following Wilson’s lead, she’s injecting partisan politics into a non-partisan race touting the endorsement of the Contra Costa Young Democrats and the Marsh Creek Democratic Club. She also is endorsed by Antioch School Board Vice President Antonio Hernandez, Antioch Parks and Recreation Commission Chair Marie Arce, Contra Costa Water District Director Patt Young and State Treasurer Fiona Ma.

But many of Torres-Walker’s endorsements are from out of town and/or obscure organizations, such as Our Revolution East Bay which, according to their website, is “a local chapter of Bernie Sanders’ Our Revolution”; Lift Up Contra Costa Action, which is part of ACCE and a coalition that includes Torres-Walker’s Safe Return Project non-profit; the Black Church PAC, East Bay Action, California Working Families Party, Asian Pacific American Labor Alliance which is also part of Lift Up Contra Costa Action, Black Women Organizing for Political Action, and Alliance of Californians for Community Empowerment Action (ACCE) Action, which has a conflict of interest as one of the sponsors for the North Antioch Candidates Forum scheduled for Wednesday, Oct. 5.

Former Councilwoman Joy Motts received the endorsement of the APOA, International Brotherhood of Electrical Workers Local 302, Ironworkers Local 378, Sheet Metal Air Rail Transportation Local Union No. 104 and Contra Costa Building & Construction Trades Council, who endorsed both her and Torres-Walker. Motts also has the support of Antioch School Board President Gary Hack, former Antioch School Board Trustee Barbara Cowan, former County Board of Education Trustee Richard Asadoorian and former Antioch Mayor Don Freitas.

Former Antioch School Board President Diane Gibson-Gray said she tried for the APOA endorsement but didn’t receive it. She also participated in the Delta Association of Realtors and the East Bay Times’ interviews from which their endorsements have not yet been announced. However, Gibson-Gray said she is not soliciting endorsements from politicians or friends in her campaign. Yet, if offered she will accept them, including the endorsement of former Antioch High Principal Louie Rocha.

District 4 Candidate Endorsements

In District 4, running for her fourth term on the city council, incumbent Councilwoman Wilson once again is also injecting partisan politics into the local, non-partisan race by touting endorsements by the California Democratic Party, Democratic Party of Contra Costa County and the Marsh Creek Democratic Club. On her website it shows she’s been endorsed by the Central Labor Council, Contra Costa Building & Construction Trades Council, and three of the same, obscure or out-of-town organizations backing Torres-Walker, including Lift Up Contra Costa Action, ACCE, and Our Revolution East Bay. In the past, both Lift Up Contra Costa and Our Revolution East Bay endorsed Diane Becton for Contra Costa District Attorney.

Wilson also has the most politicians backing her, including her council colleagues, Thorpe and Torres-Walker, as well as Congressman Mark DeSaulnier, State Controller Betty Yee, State Treasurer Fiona Ma, State Senator Steve Glazer, Assemblymembers Tim Grayson and Lori Wilson, Contra Costa D.A. Becton, Supervisor Federal Glover, East Bay Park District Board Chair Colin Coffey and controversial Brentwood District 1 Councilwoman Jovita Mendoza.

District 3 Councilwoman Lori Ogorchock, who was gerrymandered into District 4 earlier this year by Wilson, Torres-Walker and Thorpe, also received the endorsement of the APOA as well as the California Apartment Association. Individual endorsements of her campaign include Jack Roddy, Antioch School Board Trustee Mary Rocha, Louie Rocha, Board of Supervisors Chair Karen Mitchoff, Assistant D.A. Mary Knox and Greg Feere, former president of the Contra Costa Building & Construction Trades Council.

Another challenger, former Police Crime Prevention Commission Chair Sandra White has the backing of Mayor Pro Tem Mike Barbanica who announced his support in a YouTube video posted on his official Facebook page on Sept. 25 instead of his council colleague, Ogorchock, who he said he supports and still wants on the council as a “very positive voice” but wants her to remain in District 3 for the next two years.

White also has the backing of Contra Costa Sheriff David Livingston, former State Assemblyman Jim Frazier, former Antioch Mayor Wade Harper, former Antioch Councilman Brian Kalinowski, former Antioch City Clerk and Councilman Arne Simonsen, and Nina Carter, Executive Director, Bonafide Sisterhood, Inc., as well as endorsed by Assistant D.A. Mary Knox, who also endorsed Ogorchock.

While not an endorsement, newcomer and retired Richmond cop Shawn Pickett recently announced on his campaign Facebook page that his “campaign has been awarded the Moms Demand Action Gun Sense Candidate distinction” for “advocating for gun violence prevention and making a commitment to govern with gun safety in mind, if elected.”

The lists for each candidate are not complete but include their major endorsements. See their websites or Facebook pages for complete lists. The election is November 8.

The Metropolitan Transportation Commission (MTC), yesterday, Wednesday, Sept. 28, 2022, adopted a new Transit-Oriented Communities (TOC) Policy designed to boost the overall housing supply and increase residential densities in transit-rich areas throughout the Bay Area; spur more commercial development near transit hubs served by multiple agencies; promote bus transit, walking, biking and shared mobility in transit-rich areas; and foster partnerships to create transit-oriented communities where people of all income levels, racial and ethnic backgrounds, ages and ability levels can live, work and thrive. The newly adopted policy applies specifically to transit priority areas within a half-mile of BART, Caltrain, SMART, Capitol Corridor and ACE stations; Muni and VTA light-rail stations; Muni and AC Transit bus rapid transit stops; and ferry terminals.

Studies show people are more likely to ride transit if they live within half a mile of a rail station, ferry terminal or bus line. And jobs that are within a quarter-mile of transit often are more attractive to the Bay Area’s workforce.

The TOC Policy is the update to MTC’s 2005 Transit-Oriented Development (TOD) Policy. That set minimums for the average number of housing units (both existing and/or permitted housing units) within a half-mile of each new rail station funded through Regional Measure 2. However, according to MTC spokesperson Rebecca Long the new policy applies to any all existing and future transit priority areas.

“The Transit-Oriented Communities Policy is truly groundbreaking,” explained MTC Chair and Napa County Supervisor Alfredo Pedroza. “Using transportation funds as an incentive, the policy encourages cities and counties to upzone transit-rich areas so transit, walking and biking can be viable travel choices for more people, and so we can generate maximum value from the billions of taxpayer dollars that have been invested in our transit network over the years as well as new transit lines that will be built in the years to come. The policy specifically encourages the development of affordable housing and protects current residents from being displaced by new development.”

The TOC Policy links all four of the themes — transportation, housing, the economy and the environment — of Plan Bay Area 2050, the long-range transportation plan and sustainable communities strategy adopted by MTC and the Association of Bay Area Governments in 2021. Minimum residential density requirements range from 25 units per acre for locations within a half-mile of ferry terminals; SMART, ACE and Capitol Corridor stations; and Caltrains stations south of San Jose’s Tamien station up to 100 units per acre within a half-mile of BART stations in downtown San Francisco and Oakland, and within a half-mile of San Jose’s Diridon Station. The policy also eliminates minimum parking requirements in many transit-rich areas, allows for shared parking between residential and commercial uses, and mandates at least one secure bike parking space for each new dwelling unit.

MTC is the regional transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.

Allen D. Payton contributed to this report.

 

By Antioch Police Department

Over the weekend, one of our citizens was the victim of a violent crime in which their car was stolen at gunpoint. Soon after, another robbery was reported in the city of Oakley by the same suspect at a gas station.

Thankfully, Officer Marques was looking for the culprit and located him near Cavallo Road. Believing the gig was up, the suspect fled the area, taking officers on a brief pursuit.

Knowing the potential danger this suspect posed to the community, officers chased after him until he ultimately crashed their car. After a brief foot pursuit, the suspect was captured by Officer Dibble, and a loaded firearm was located in the vehicle. We are happy to report that no one was injured.

The Antioch Police Department is dedicated to keeping our community safe and stopping those who mean to do our community harm.

 

No public process, no executive search; directs city attorney to draw up contract for Oct. 25th vote

Two council candidates decry decision

“The best practice here in terms of transparency is to advertise the vacancy with details about the position…” – Martha Perego, Director of Member Services and Ethics for the International City/County Management Association

By Allen D. Payton

During the closed session meeting prior to the Antioch City Council’s regular meeting, Tuesday, Sept. 27, 2022, on a 3-2 split vote, they selected Interim City Manager Cornelius “Con” Johnson to be the permanent city manager, just six weeks before the November election. Mayor Lamar Thorpe and District 4 and 1 Councilwomen Monica Wilson and Tamisha Torres-Walker voted in favor while Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock dissented. A final vote to hire Johnson and approve his contract is scheduled for their October 25th meeting, just two weeks prior to the election.

The council held no nationwide search using an executive search firm nor did they open it to other city staff members including Assistant City Manager Rosanna Bayon Moore, to find the best candidate for the position. Although it was rumored to be Johnson, no official notice was provided to the public who the council was considering, so no input could be given prior to the decision being made. All that was written in the council meeting agenda for the fourth time was “PUBLIC EMPLOYEE APPOINTMENT: CITY MANAGER. This closed session is authorized pursuant to Government Code section 54957.” (See agenda)

At the beginning of the council’s regular meeting, City Attorney Thomas Smith reported out from closed session that, “on a motion by Councilmember Wilson and a second by Councilmember Walker the city council made a motion directing the city attorney to prepare a contract for the appointment of Cornelius Johnson as the city’s permanent city manager,” and that the vote passed 3-2.

Four council challengers were asked if they had a comment about the selection of Johnson, in closed session and without the public knowing who it was the council was considering.

District 4 candidate Shawn Pickett responded, “I’ll keep it brief. City council talks transparency but actions say otherwise.”

District 1 candidate Joy Motts also responded writing, “For a Council that claims they want to be inclusive, transparent and making community driven decisions, I personally want to know why they made this decision behind closed doors and without a public process and public input? Antioch deserves the best and the brightest. Mr. Johnson may have ultimately ended up being the best person for the job, but we will never know. These are the exact type of decisions and actions that are causing many of their constituents and community leaders to lose respect and confidence in their ability to govern.”

The other District 1 challenger, Diane Gibson-Gray responded, “Hiring a city manager before the November election is a disservice to the new city manager and the community.  Currently, the mayor has the majority vote, however, with the November 8th election that may change. After the election if there is a new council majority, I am confident there will be a candidate selection process that includes posting the position internally and externally, including hiring a search firm. Antioch is a city of 115,000 and we need a strong, experienced city manager. If on November 9th the council majority remains the same, that is a story for another day.”

Sandra White did not offer a comment but had previously said the council should wait until after the election to hire a permanent city manager. (See related article)

Attorney Smith was asked via email Wednesday morning if the vote should have occurred in public, and the candidate’s name be provided so the public could offer their comments prior to the vote. He was also asked if it is proper procedure to make the decision before the contract was provided for the council members and the public to review prior to the vote rather than prepare the agreement after the fact.

His Executive Legal Assistant Rakia Grant-Smith responded Thursday morning, “The appointment of the City Manager has not yet occurred. It will be an agenda item for City Council consideration at an upcoming regular City Council meeting.  The contract template will be included in the agenda packet for that meeting.  The City Council will determine compensation for the position at a regular meeting after hearing public comment.  We anticipate this item will be placed on the October 25, 2022 agenda.”

Smith was asked again, Thursday morning, shouldn’t Johnson’s name have been included in the agenda item so the public would know who they were considering in order to provide input to the council before their closed session vote. No response was received prior to publication time.

Questions were also sent Wednesday morning to Martha Perego, Director of Member Services and Ethics for the International City/County Management Association asking, shouldn’t the vote have occurred in public, and the candidate’s name be provided so the public could offer their comments prior to the vote. In addition, they were asked if it is proper procedure to vote to select someone as city manager without a contract being made available for review, first.

Perego responded, “The law varies from state to state about the topics a governing body is permitted to discuss in executive session. It is my understanding that under California law, the governing body can discuss the potential appointment and terms of an agreement in closed session.  But both the appointment and employment agreement must be approved in open session of city council and on the public record.

The best practice here in terms of transparency is to advertise the vacancy with details about the position including that they are seeking an individual to serve. Then they would interview candidates and announce their selection publicly with an explanation as to why they chose this individual to serve.  That of course assumes that the person is not from within the organization.

If it is an internal candidate, such as a current deputy or assistant manager, then it is fairly common for the governing body to make that appointment without any external advertising.”

“I’m not judging the competency of the interim candidate or the governing body’s judgment here.  But I observe that the fact that they never did a competitive search is raising this question ‘how do we know that this is the best candidate’,” Perego continued. “If someone is an internal candidate who got their position via a competitive process, has a track record with the organization and gets selected to be interim and then manager, you have the confidence that the person has demonstrated their capabilities. Even without a competitive search.

In this scenario, absent a competitive search for the interim, the governing body is now making a decision to award this person the permanent job based on one year’s experience.  That raises the question about how do we know that this is the best candidate. They could have resolved this issue by just going through a competitive process either with the selection of an interim (would have been a smaller field since it was a temporary position) or doing a competitive process now to select a permanent candidate.”

“I don’t think they are required to list who they are discussing when in executive session,” she added. (Emphasis added)

Johnson’s Record as Interim City Manager

Johnson was hired as the interim city manager last year, with a one-year contract, even though he had lied on his resume claiming to be a retired police captain from the San Francisco Police Department when he’s a retired lieutenant and was only an acting captain at the time he retired. In addition, prior to their vote the council members were all provided with information from an independent background check done by an Antioch resident that shows Johnson had filed for bankruptcy, twice and had three foreclosures. (See related articles here, here and here)

At the beginning of this year, Johnson worked to evict Congressman Jerry McNerney from his office space at the Community Center at Prewett Family Park, even though McNerney had a lease that didn’t expire until next January. (See related article)

Then Johnson made major mistakes in handling the hiring of a new interim police chief, when he fired the previous one, current Captain Tony Morefield, via email which included all the council members, other city staff members and even Steve Ford, who had just been announced as the new interim police chief the day before. He didn’t fill the position until nine weeks, later. (See related article)

Finally, Johnson was part of the group, along with Thorpe and Torres-Walker, who had the permit revoked for the annual Antioch Juneteenth event organized by Claryssa Wilson, and instead hired an Oakland-based motorcycle club to organize it. (See related article)

If the council hires him and includes a severance package in Johnson’s contract, should a new council majority be elected in November and seated at the first council meeting in December, they can terminate him from the position at a following special meeting, before the end of the year. But that will result in Johnson being paid for however long the severance lasts while at the same time paying an acting city manager until a new, permanent city manager is hired.

Please check back later for any updates to this report.