“This is Rivertown not shantytown!”; $220K cost to City for removal

By Allen D. Payton

After five years, the floating shanty on the river along Antioch’s waterfront is finally gone as of Wednesday, Dec. 14, 2022.

The house on floats was moved from one of the Delta islands and placed there in 2017 by property owner Tom Trost. He wanted to send a message to the city council that his property between E. 6th and A Streets at the entrance to historic, downtown Rivertown, reached the end of the piers under the water. Trost was hoping to pressure them into including that portion of his land in the city’s Downtown Specific Plan, which the council updated in February 2018. (See related article)

Since then, the floating house has become more and more of an eyesore attracting homeless individuals and was even the subject of a painting entered as an item for guests to bid on during the silent auction of the Antioch Chamber of Commerce’s annual gala, one year. (Seriously. That really happened. No joke!)

This writer repeatedly told Trost, “this is Rivertown, not shantytown!” and asked him to remove the eyesore. But Trost, whose family owns a house moving company, said he didn’t have the money.

Then state law changed thanks to the help of former Assemblyman Jim Frazier, according to Antioch Community Development Director Forrest Ebbs. He has been working on the effort for the last six months and said, because of changes in the law the State Lands Commission can now seize derelict vessels. Since the house was on floats it was considered a vessel.

“The commission seized the house and transferred it to the city which is paying $220,000 to the specialized contractor to remove the house,” he said.

“It was sinking,” Ebbs explained further, “and was a potential hazard because of diesel fuel cans on the backside of the house. If the house had sunk that would have created a disaster.”

Plus, “it would have required a more specialized contractor and the cost could have tripled,” he added.
“We were able to work it out with Trost who agreed to have it removed,” Ebbs continued.

Asked if the costs will be assessed to Trost’s property, the Community Development Director said, “No. Probably not.”

Regarding Trost’s efforts to ensure his property includes the portion under the water, Ebbs said, “The legality of that property is a complicated issue we need to dive into (no pun intended). It may be included if it’s contiguous. But control of parcels under the water involves many agencies and is on a case-by-case basis as there are a lot of issues. The City doesn’t have an opinion on it at this point.”

“If there’s a grand plan for Tom’s property that included the land under the water we could consider it, then,” he added.

After giving impassioned speech of his accomplishments Board Vice President Hernandez passed over, but gets $1,200 he requested to participate in Latino water policy program on 4-1 vote

New Trustee Lathan unanimously elected board’s new vice president; given official oath on Monday by Mayor Thorpe

By Allen D. Payton

Re-elected Antioch School Board Trustee Mary Rocha who now represents Area 5 and new Area 2 Trustee Dr. Jag Lathan were given their oaths of office during the board meeting on Wednesday, Dec. 14, 2022. Lathan’s was ceremonial as, according to a tweet by Antioch Mayor Lamar Thorpe, he gave the official oath of office to her on Monday, Dec. 12 with Area 1 Trustee and then-Board Vice President Antonio Hernandez in attendance.

During the reorganization of the board, Area 3 Trustee Dr. Clyde Lewis was elected board president on a 3-2 vote. Lathan and Hernandez voted no. Prior to the vote the Area 1 trustee made an impassioned speech pleading with his colleagues to elect him president but was bypassed for the position. Hernandez is the third board vice president who has been bypassed for the presidency in the past several years, including former Trustees Debra Vinson and Crystal Sawyer-White, whom the board bypassed twice.

When the item of reorganizing the board came up on the agenda, Rocha nominated Lewis to be board president saying, “since he was passed over last time under concerns of business affiliations so, at this time I feel it’s proper he continue in that position.” Last year, when then-Board Vice President Lewis declined to be nominated for the presidency citing “some family challenges” and “family caregiving that came up.” Hernandez then offered himself for the position that night, but instead, Area 4 Trustee Gary Hack was elected board president, also on a split, 3-2 vote and Hernandez was elected vice president on a 5-0 vote.

During Wednesday’s meeting, Hack seconded Rocha’s motion. During discussion Lathan said, “Considering Vice President Hernandez is currently in the position it feels like a good succession plan would be to continue with that up to presidency.”

Hernandez’s Pleas for Presidency Ignored

“For the same reasons, last year I offered to be, wanted to be president and I was told I didn’t have enough experience,” Hernandez said. “So, I did exactly that…I filled in the role of vice president. I got my Masters in Governance from the California School Boards Assocation. I’ve also done a lot of work on the school board such as passing, putting forth the equity policy. I worked on the student board member policy, crafting that policy, putting forward the trauma and grief response committee. I worked on creating inclusive language in our policies. I’ve worked on putting forward actual ideas to make more inclusive LGBTQ policies and initiatives. I’ve spoken at events…I’ve worked to elevate the discourse here,  in this district as many of you have seen the way that I make sure we’re elevating and talking about data-driven initiatives, making sure that we’re doing everything that we can and working to improve as a district and building upon the work that we’re doing.”

“I was recently elected as a WELL Fellow, for a water policy fellowship, where I competed against elected officials across the state and was selected for this prestigious fellowship,” he continued. “I’ve served on boards before and I know I can do the work, here,”

“What message are we sending to our students when that was the reasoning why I was not selected as board president?” Hernandez asked. “I went out. I did the work. I’m going to be here to fight for students, plain and simple.”
“When we talk about vulnerable students, talk about families that are struggling, that was me in school, that was my family,” he stated. “My family’s here, tonight. They’ve had those experiences, so, they’ve worked those service jobs.”

“What message are we sending to students if we don’t select me as board president?” Hernandez asked, again. “Because I did the work. I put it forward and I’m ready to serve this school district and that’s a message we need to be sending out to our students.”

“Now, everyone here is happy to make whatever decisions they want to make,” he continued. “But I needed that message to be out there, and I need people to understand what the decisions we make reflect on this school district.”

Lewis Elected President on 3-2 Vote

Ignoring Hernandez’s pleas, Rocha called for action to be taken on the motion.

Hack then asked for the vote, “one by one”.

When Lathan was called upon to vote she responded, “Trustee Vice President Hernandez”.

She was corrected by district staff and Hack. “You vote on the motion.”

“Oh, no,” Lathan said.

Lewis and Rocha each voted yes, followed by Hernandez voting no, and Hack voting yes, and the motion passed on a 3-2 vote.

Hernandez has been an ally of Antioch Mayor Lamar Thorpe who backed Rocha’s opponent, Dominique King, in the November election.

After the meeting Lewis said, “I felt like some of the comments tonight were directed at me and that’s fine. I understand. I think to be on the board there needs to be a certain caliber of person and the members are all high caliber. I look forward to working with the entire board to serve the students, their parents, the faculty, staff and community.”

Lathan Elected Board VP on 5-0 Vote

The election for board vice president was next with Hernandez nominating Lathan saying, “I think she brings the most experience we’ve ever had on this board when it comes to the background of education. She has experience both as a teacher, principal, administrative and on the county Board of Education. I think she will make a fantastic addition to this team and will continue to elevate the discourse in this school district.”

Rocha seconded the motion and without any discussion it passed 5-0 with all trustees voting yes.

“Congratulations to the two of you,” Hack said.

After explaining the role, Hernandez was then re-elected as the district’s Liaison to the County School Boards Association on 5-0 vote following the motion by Hack and seconded by Rocha.

$1,200 Request by Hernandez for Latino Water Policy Program Approved on 4-1 Vote

Later in the meeting, Hernandez was successful in receiving a $1,200 increase in his individual Board Trustee Training Allocation budget. As previously reported, the funds are to cover the costs for his participation in Water Education for Latino Leaders (WELL) UnTapped Fellowship Program, a water policy program for Latino elected officials, he mentioned earlier as one of his accomplishments. Hernandez was selected as part of the 2023 class.

“They only ever select a handful of school board trustees,” he argued. “It’s easy for people to think that water policy only belongs in the hands of the city. But we are a large organization and school districts are large organizations that use water. The health and safety of our water is something that students interact with all the time…I view education, environment and all these things as all interconnected into the health of our students.”

Hernandez asked the board for the one-time increase over and above the $3,000 they each receive, “so I can continue in serving as a role model for our students as a lifelong learner.”

Rocha challenged the additional funds for Hernandez saying, “I want to congratulate you…you’ve been selected to this…fellowship. But water policy is not an educational thing that we are dealing with and I don’t know that I can support taxpayers’ money going toward to educate you on water policy that is not school education.”

“I’m going to be voting against it,” she added.

“I can’t make it any clearer how connected water is to education than what I did before,” Hernandez responded.

With no additional questions or comments from the other trustees, on a motion by Hernandez and seconded by Lewis, the additional funds were approved on a 4-1 vote with Rocha the sole no vote.

“Thank you. I appreciate it,” Hernandez said following the vote.

After the meeting Lewis was asked why he voted for the additional training funds requested by Hernandez. The new board president said, “Because we don’t have a policy about how we use our funds. I’m going to bring to the board a discussion of how we use Trustee Training Allocation budget funds.”

 

No show in court, attorney pleads no contest for him; gets one night credit for time served; must attend 3-month DUI program; no other details, yet

By Allen D. Payton

During Antioch Mayor Lamar Thorpe’s DUI court hearing, Tuesday morning, Dec. 13, 2022, according to an Antioch resident who attended, his attorney, Dan O’Malley pled no contest on behalf of his client who was not in attendance. Judge Rebecca C. Hardie found Thorpe guilty and sentenced him to three years court probation and two nights in jail with credit for one night served. The second can be spent picking up litter.

Thorpe was also directed to not have any alcohol in him while driving and if stopped by the police he must submit to a field sobriety test.

According to Ted Asregadoo, Contra Costa DA’s Office PIO, “Mr. Thorpe’s additional day in jail will be served through the County Sheriff’s Custody Alternative Facility. He must also attend a DUI program for three months. There are standard terms, conditions, and fees he’s required to abide by and pay. The dollar amounts were listed by the Judge Hardie.”

Those will be listed in the minute order which is expected to be posted on the court’s website, later.

“CHP will have the arrest report that has his BAC level,” Asregadoo shared. “You’ll most likely have to come to the courthouse in Martinez to request the minute order — which will show the disposition of the case.” That will include “how long he’ll be on court probation, the alternative custody, and DUI school,” he added.

The Work Alternative Program allows individuals sentenced to less than 30 days in jail to work at various assigned worksites during daytime hours and receive day for day credit on their sentences. Participants will be required to perform physical labor for eight hours at one of many locations throughout Contra Costa County.

A request for the CHP’s full report of Thorpe’s arrest was made on Tuesday afternoon. CHP Public Information Officer Andrew Barclay responded “I will ask the Contra Costa Area to pull the report and start the process with our Public Records Unit.  They will review and make any necessary redactions prior to release. We have a public records unit in Sacramento that handles all of the redactions and ensures everything being released complies with the Government Codes governing PRA’s (Public Records Act requests).”

The government has up to 10 days to fulfill a Public Records Act request.

Attempts to reach Thorpe and his attorney for comment were unsuccessful prior to publication time.

Please check back later for any updates to this report.

Re-elected Rocha and newcomer Lathan

Hernandez requests $1,200 to participate in Latino officials’ water policy program

By Allen D. Payton

The winners of the Areas 2 and 5 Antioch School Board races in the November election will be given their oaths of office, tonight, Wednesday, Dec. 14, 2022. Re-elected Trustee Mary Rocha who will know represent Area 5 and new Trustee Dr. Jaguanana “Jag” Lathan, who ran unopposed in Area 2 will be sworn in at 6:20 p.m. in the District Office Board Room at 510 G Street in Antioch.

That will be followed by a Closed Session at 6:45 p.m. and the regular meeting at 7:00 p.m. During the regular meeting the board will choose a new president and vice president for the coming year. The board will also vote to elect one of their members as Liaison to the Contra Costa County School Boards Association.

Hernandez Requests Funds to Attend Latino Officials Water Conference

Among the various items for possible action, at the request of Area 1 Trustee Antonio Hernandez, under Item 11.A. the board will consider a one-time increase of $1,200 to his Board Trustee Training Allocation budget. It’s to cover the costs for Hernandez to participate in the WELL UnTapped Fellowship Program, a water policy program for Latino elected officials. Hernandez was selected as part of the 2023 cohort.

According to the organization’s website, latinosforwater.org, “Water Education for Latino Leaders (WELL) was founded in 2012 with the goal of strengthening the voice of local Latino leaders, ensuring they have context for and participation in water policy decisions.”

The website also explains, “WELL UnTapped is a selective, six-month program for local elected leaders aimed at helping participants make an impact on California water policy while addressing individual community water challenges.”

As a councilmember in 2019, Mayor Lamar Thorpe attended the WELL UnTapped fellowship academy in Los Angeles. In a Jan.11, 2019 post on is official Facebook page, he posted a video and wrote, “Road trip! Headed to WELL UnTapped in LA for first fellowship academy weekend. Join me! Let’s talk about AGUA! Stopped at Caistaic Lake 1 of 3 terminals branches of the Cal Water Aqueduct, which starts in East County. This is it where Delta water ends up!”

WELL’s 11th Annual Statewide Conference will be held March 31 and April 1, 2023, at the Aritel Plaza Hotel & Conference Center in Van Nuys, CA.

When asked about Hernandez’s request Rocha responded, “I am bringing that up. The big funder of WELLS is the Southern California water company that is always after our water. Of the cohort composition, 14 are mayors or city council members, he is only one of three school board members and the only one from the north. I attended two of their workshops when I was an elected council member. WELL paid for it.”

She agreed that it’s appropriate for a council member to participate and attend as water is an issue city councils deal with responding, “Exactly.”

“I will be questioning his request since he is already over his budget of $3,000 a year,” Rocha added.

Rocha is correct as one of the WELL Associate Members who have contributed $10,000 to $25,000 annually to the organization is The Metropolitan Water District of Southern California which is a big supporter of the Delta tunnel (Conveyance project) that will move water from Northern California to the south.

See the complete meeting agenda. The meeting can also be viewed on the District’s YouTube Channel.

 

By Allen D. Payton

During their meeting on Tuesday, Dec. 13, 2022, the Antioch City Council voted to adopt a resolution to develop a comprehensive Downtown/Rivertown Public Parking Lots Security Plan and authorize the City Manager to issue a Request for Qualifications for a private patrol security service either on and/or near Downtown/Rivertown Area City-Owned public parking lots or other designated downtown areas. District 3 Councilwoman Lori Ogorchock included other city owned parking lots in “southeast” in her motion which passed on a 5-0 vote.

At the request of Sean McCauley, who owns several buildings in Rivertown, the owners of two restaurants in the Rivertown Dining District, Smith’s Landing Seafood Grill and Monica’s Riverview who were in attendance, as well as other merchants, the council supported the effort to improve the safety in the city’s historic downtown.

“We’re doing our part with private security in our parking lots,” McCauley said. “Code Enforcement is doing their part.”

He showed a slide with four parking lots along the city’s waterfront that he wanted the initial effort to focus on.

Some members of the public shared concerns about the limits on private security officers and their interaction with the public.

This reporter, as a Rivertown business owner, spoke in favor of the effort and said cities across the country have been doing similar things for decades for their downtowns and focus on two things: ensuring they’re clean and safe. He suggested the private security officers also serve as ombudsmen wearing jackets and shirts with the Rivertown and Rivertown Dining District logos on them, who would provide direction to shoppers handing out maps showing where the various stores and restaurants are located. He also suggested the business and property owners could form a PBID – Property and Business owners Improvement District – and assess themselves, and contract with the city and/or a private security firm.

District 1 Councilwoman Tamisha Torres-Walker wanted the council to include efforts to ensure homeless individuals weren’t targeted. Mayor Lamar Thorpe assured her and those in the audience that the council was only issuing a request for proposal and not voting on spending any funds Tuesday night.

Ogorchock pointed out that there are other city-owned parking lots in other parts of the city before including them in her motion.

Following the vote, Antioch Chamber of Commerce Executive Director Daniel Sohn told McCauley and the restaurant owners that he would do whatever he could to support the effort.

She, Wilson given oaths of office Tuesday night

By Allen D. Payton

Following the oaths of office for District 1 Councilwoman Tamisha Torres-Walker and District 4 Councilwoman Monica Wilson, during the Antioch City Council meeting Tuesday, December 13, 2022, Torres-Walker was appointed the city’s next mayor pro tem. For now, pending the outcome of the ballot recount in the District 1 election which began Tuesday morning, she will serve in the position for the coming year.

Even though Wilson had a higher percent of the vote, she has previously served as mayor pro tem and according to city ordinance, she can’t serve in the position again until all other council members have had the opportunity.

“I’m very proud of you,” Mayor Lamar Thorpe said to Torres-Walker.

Then, on a motion by District 3 Councilwoman Lori Ogorchock and seconded by outgoing Mayor Pro Tem and District 2 Councilman Mike Barbanica the council voted 5-0 to appoint her. The mayor pro tem serves in the place of the mayor when absent from meetings or out of town. Torres-Walker will also serve as the alternate to Thorpe at the monthly Mayor’s Conference.

 

Attacked by patron of fast food restaurant where she worked resulting in blinding her right eye

By Allen D. Payton

During a special ceremony Tuesday night, December 13, 2022, Antioch Mayor Lamar Thorpe and councilmembers presented resident Bianca Palomera with a Key to the City, “In recognition of a courageous, selfless and extraordinary act of heroism”. The 19-year-old employee of The Habit Burger in Antioch was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied by another patron. Palomera lost her right eye because of the incident and the suspect was arrested last week on charges of mayhem and aggravated assault. (See related article)

During the ceremony MC’d by Assistant City Manager Rosanna Bayon Moore, Robyn “RBYN” Jackson sang the National Anthem followed by a poem by Jose Cordon who was chosen by Thorpe to be the city’s Poet Laureate. That was followed by welcome remarks by Antioch School Board Vice President Antonio Hernandez.

Palomera was then thanked and presented with certificates of recognition by Be Exceptional, State Senator Steve Glazer and Assemblyman Tim Grayson, Supervisor Federal Glover and We Get it Foundation, which serves neurodivergent individuals and their families. Elizabeth Soleyman LaVasse, CEO and Chair was joined by others from the organization and said, “My team and I stand before you today to commend Bianca in her heroic and selfless efforts to defend a vulnerable, neurodivergent youth. Those efforts impacted the community and I speak for us all when I say that there should be more Biancas in this world.”

They then presented Palomera with their Hero of the Year Award for 2022.

Antioch Chamber of Commerce Executive Director Daniel Sohn and Chair Ana Walker presented Palomera with flowers and a certificate of recognition. Sohn announced the Chamber Board approved giving $500 to help with her medical bills and the Chamber Foundation agreed to match that as a donation to the charity of Palomera’s choice.

Several Antioch business owners then presented Palomera with a bouquet and a gift card to Macy’s.

During his remarks Thorpe explained the issuing of keys to a city is from the days of medieval walled cities and that this was only the second Key to the City he’s presented as mayor. About the young heroine Thorpe said, “Miss Palomera is the light that shined valiantly.”

He was then joined by his fellow council members to present Palomera with the Key to the City mounted on a plaque which reads, “In Recognition of a Courageous, Selfless and Extraordinary Act of Heroism”. Then-Mayor Pro Tem Mike Barbanica presented her with a bouquet of flowers.

An at times emotional Palomera was then given the opportunity to speak to those in attendance thanking them and all those “who have reached out” supported her since the incident. She was given two long rounds of applause. Thorpe then recognized her parents and family who were in attendance for the ceremony.

The mayor also thanked and presented certificates of recognition to Antioch Police Sgt. Matt Koch, Detective John Cox and Lt. John Fortner, who was out of town, for their efforts identifying the suspect and solving the crime.

“Antioch has a very high clearance rate for homicides and other violent crimes,” Thorpe pointed out.

Without a vote Mayor Thorpe to give Key to the City to fast food worker who was blinded during November attack; Torres-Walker expected to be next mayor pro tem

By Allen D. Payton

During tonight’s Antioch City Council meeting, Tuesday, Dec. 13, 2022, re-elected Councilwomen Monica Wilson and Tamisha Torres-Walker will be given their oaths of office after the council confirms the election results. The District 1 councilwoman is expected to be appointed the city’s mayor pro tem for the next year. Earlier in the meeting, for the first time, the council will consider hiring three part-time secretaries for the five part-time policy makers, one for the mayor and two for the other four other council members.

Before the meeting, at 6:00 p.m. Mayor Lamar Thorpe will be presenting a Key to the City to Bianca Palomera “In recognition of a courageous, selfless and extraordinary act of heroism”. She is the employee of The Habit Burger restaurant who was hit in the face and blinded in one eye while defending a special needs patron from being bullied by another patron who has since been arrested and charged with mayhem and aggravated assault. (See related article)

However, no council vote was taken to approve the issuing of the Key to the City and neither current Mayor Pro Tem Mike Barbanica nor District 3 Councilwoman Lori Ogorchock were aware of Thorpe’s plans as of last Friday.

District 1 Ballot Recount Begins

The actions of the council to confirm the election results and administer the oath of office to Torres-Walker will have no effect on the recount of the ballots in the District 1 race that began, today on behalf of Joy Motts who lost to the councilwoman by just three votes. Should it result in the election being overturned, the incumbent will step down and Motts be sworn in.

Public Comments

Members of the public who wish to speak during general Public Comments or on an agenda item may do so in one of the following ways (#2 pertains to the Zoom Webinar Platform):

1. IN PERSON: Fill out a Speaker Request Form, available near the entrance doors, and place in the Speaker Card Tray near the City Clerk before the City Council Meeting begins.
2. VIRTUAL: To provide oral public comments during the meeting, please click the following link to register in advance to access the meeting via Zoom Webinar: https://www.antiochca.gov/speakers You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. When the Mayor announces public comments, click the “raise hand” feature in Zoom. For instructions on using the “raise hand” feature in Zoom, visit: https://www.antiochca.gov/raise_hand. When calling into the meeting using the Zoom Webinar telephone number, press *9 on your telephone keypad to raise your hand . Please ensure your Zoom client is updated so staff can enable your microphone when it is your turn to speak. Speakers will be notified shortly before they are called to speak. When you are called to speak, please limit your comments to the time allotted (350 words, up to 3 minutes, at the discretion of the Mayor). The City cannot guarantee that its network and/or the site will be uninterrupted.
3. WRITTEN PUBLIC COMMENT: If you wish to provide a written public comment, you may do so in one of the following ways by 3:00 p.m. the day of the City Council Meeting: (1) Fill out an online speaker card, located at https://www.antiochca.gov/speaker_card, Or, (2) cityclerk@ci.antioch.ca.us. Written public comments received by 3:00 p.m. the day of the City Council Meeting will be shared with the City Council before the meeting, entered into the public record, retained on file by the City Clerk s Office, and available to the public upon request. Written public comments will not be read during the City Council Meeting.

The meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 200 W. Third Street and can be viewed on Comcast channel 24, AT&T U-verse channel 99, or via live stream on the city’s website.