By Sgt. Josh Evans #5257, Field Services Bureau, Antioch Police Department

On September 6, 2021, at approximately 5:27 p.m., Antioch Police officers were dispatched to the report of a shooting in the area of Eagleridge Drive and Asilomar Drive. Initial information was that one adult male (18 years old) had been shot in the leg, however, when officers arrived on scene, they located an additional adult male (19 years old) and an adult female (19 years old) who also had gunshot wounds to their legs.

The three victims, all from Antioch, were transported to an area hospital with non-life-threatening injuries and are in stable condition. The suspects in this incident, wanted for assault with a deadly weapon, were not located and the motive for the shooting remains unknown at this time. As of this writing, the case remains under active investigation.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441 or you may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

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

By Allen Payton

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

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

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

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

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

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

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

Rocha and Householder Have Clashed Before

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

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

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

UPDATE: Succession and Replacement Process

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

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

Meeting Viewing and Public Comment Information

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

Please check back later for any updates to this report.

By Allen Payton

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

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

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

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

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

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

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

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

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

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

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

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

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

By Allen Payton

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

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

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

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

“Mr. Payton,

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

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

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

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

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

Atul Kapur, MD, CPP-T, PRP

Secretary, American Institute of Parliamentarians

Certified Professional Parliamentarian and

Teacher of Parliamentary Procedure

Professional Registered Parliamentarian”

UPDATE: Former City Clerk Simonsen Weighs In

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

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

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

 

Multi-agency effort included CHP, Contra Costa Sheriff’s Office, Pittsburg, Hercules, San Pablo Police Departments and East Bay Regional Parks

By Sergeant Brian Rose #4309, Field Services Bureau, Antioch Police Department

On Friday, September 3, 2021, Antioch Police officers responded to the report of a takeover robbery in-progress at a jewelry store inside of Somersville Towne Center. The call stated multiple subjects were robbing the establishment and the frightened employee ran to the back of the store and locked himself inside a room. Officers arrived and immediately confirmed three suspects entered the business, Ron’s Jewelers, and one of them used a hammer to smash open display cases. All three suspects then grabbed approximately $80,000- $90,000 in jewelry and fled from the store. Officers quickly obtained a description of the suspect’s vehicle to include its license plate.

A radio broadcast containing the suspect’s vehicle information was rapidly disseminated and moments later, officers from the Pittsburg Police Department located the car which was travelling westbound on Highway 4. When officers attempted to stop the vehicle, the driver failed to yield, and a pursuit ensued that spanned across several cities and involved numerous police agencies to include air support from CCCSO, CHP, and East Bay Regional Parks.

At one point, the suspect vehicle briefly stopped in the City of Richmond and one of the passengers fled from the car on foot. This suspect ran into a backyard and was subsequently taken into custody. This suspect was wearing a backpack that contained a large amount of jewelry.

An officer from the California Highway Patrol continued to pursue the suspect vehicle which still contained the two remaining suspects. The pursuit eventually terminated after the suspect vehicle was involved in a collision on Interstate 80 near, University Avenue in Berkeley. The two remaining occupants ran from the car after the collision but were apprehended by officers from the Hercules and San Pablo Police Departments.

The suspects, ages 28, 30 and 32, will be booked into the Martinez Detention Facility for numerous charges to include conspiracy, robbery, burglary, and evading arrest.

The Antioch Police Department and the victims in this case would like to thank all the involved law enforcement agencies for their assistance during this incident.

Anyone with information is encouraged to call the Antioch Police Department non-emergency line at (925) 778-2441. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

Householder interrupts reading of public comments, board majority wouldn’t allow all of them to be read

By Allen Payton

The Antioch School Board, during their hastily called special meeting on Thursday night in response to last Friday’s incident with a violent student at Antioch High School, heard from angry members of the public on both sides of the issue and from district staff, on the district’s Use of Force Policies and Procedures and Board of Education Notification Policies and Procedures. Both items were tabled for up to 60 days on split votes, but not before Board President Ellie Householder interrupted the reading of public comments on the first item and the board majority voted to prevent all of them from being read. (See related articles here and here)

Before reading of the public comments began, Householder offered the trustees the opportunity to speak.

“Did you receive many calls on this?” Trustee Mary Rocha asked Superintendent Stephanie Anello.

“I didn’t get a single call,” Anello responded.

“I called the administrators at Antioch High School, and they said they did get calls from people thanking them for this not going any further,” Rocha stated.

During the public comments, many were scathing against Householder for her posting of the video on her official Facebook page and calling the special meeting.

Householder Stops Reading of Public Comments

“I’m sorry I’m having a difficult time. The following comments have nothing to do with policies and procedures,” Householder said, interrupting the reading of the public comments. “We don’t have general comments on the docket, tonight. The comments need to be specific to the topic.”

“That will be hard to do on this,” Anello said. “There are some negative ones on me coming up. We can take 10 minutes to review them.”

“There are 60 pages of comments,” said Director of Education Services Amy Bettencourt who was reading the comments.

“Are we either referring to the incident or referring to you?” Rocha asked of Householder.

“No. Dealing with policies,” Householder responded. We are getting into dangerous territory talking about the student. People can say what they want about me, that’s fine.”

“There’s no name attached to it, so it’s about the incident,” Rocha said. “It is because of this incident that we are having this meeting.”

“We do not have on our agenda public comments,” Householder said. “So, I’m not going to sit here and listen to comments bashing this student.”

“I hear more of the comments about you,” Rocha said.

Trustee Antonio Hernandez then made a motion to take a break for staff to review the public comments and remove those not dealing with the agenda item.

“As the reader, I am uncomfortable determining what to read or not,” Bettencourt said.

“Maybe we can get on a conference call,” Anello said to Bettencourt. “This could take longer than 10 minutes.”

Board Majority Votes to Prevent All Public Comments from Being Read

Hernandez, Householder and Lewis voted in favor of the motion. Hack and Rocha voted against. The board then took a break at about 6:25 p.m. agreeing to meet back in about 30 minutes.

The board meeting resumed about 25 minutes later and the reading of public comments, including those negative about board members, Anello and the local media, including this publication, continued. Several were in support of Householder calling the meeting and wanting the board to investigate the incident.

Motion To Table on First Agenda Item Passes 4-1

“I really do view tonight as the first conversation of many conversations, so we will have to meet again on this item,” Householder.

Rocha than made a motion to the table the item.

Householder ignored Rocha’s motion and continued to seek the direction of a majority of board members.

Anello made a point of order that “there is a motion on the table.”

“I didn’t hear a motion,” Householder said.

“I said I move we table the item,” Rocha.

Hack seconded the motion.

“Every day we don’t have a policy on this is another day something like this can happen,” said Hernandez. “I’m very passionate about this. Just because people are doing their best doesn’t mean there aren’t pathways for doing things better.”

“I think I need to make another point of order,” Anello said. “A vote needs to be held on a motion to table.”

Lewis then attempted to amend the motion for a date certain.

Rocha said her motion was to “allow our superintendent to give us feedback.”

“Do they go to the class and talk to the young man?” she asked about how similar situations are handled by school staff. “What’s the next step, then the next step?

“I think this is a healthy conversation. But until we have a conversation about what the policies are,” Lewis responded.

“I’m not sure how much time the superintendent needs,” Rocha.

“I actually do like, personally, setting the date,” Householder. “Can we table it and provide direction around this?”

“I will add to my motion 60 days,” Rocha then said. “At this time, I call for the motion to be voted on.”

Hack said, “I’m amenable to that as long as Stephanie has enough time.”

Anello said that it was.

“As long as you table something you have to vote on it and not continue to discuss it,” Anello said.

The motion to table passed 4-1 with Householder voting no.

Robert’s Rules of Order requires the end of discussion and debate, without interruption, and an immediate vote on a motion to table without discussion on the motion, either.

Motion To Table Second Agenda Item Passes 3-2

The board then heard the few public comments on the next item, entitled, “Board of Education Notification Policies and Procedures,” with much the same themes.

“Like I said, this is going to be somewhat similar as the last item,” Householder said.

Hernandez, “we have this opportunity to discuss this, here, not in the future.”

Rocha then made another motion to table the item for 60 days. It was seconded by Hack, again.

Hernandez attempted to make a substitute motion to give staff 14 days to return with information on the matter. Householder seconded his motion.

He then argued incorrectly that a substitute motion takes precedent over a motion to table.

A discussion continued about the motions.

In spite of points of order by Anello that a substitute motion did not take precedent, Householder disagreed because she said “it doesn’t make sense” and held a vote on the substitute motion. It failed 2-2-1 with Lewis abstaining saying he wasn’t sure about the motion taking precedence over a motion to table.

The original motion to table was then brought back, and Lewis asked if was “up to 60 days” to which Householder and Rocha agreed.

Hernandez then said there had to be a vote on the motion without discussion.

The motion passed 3-2 with Hernandez and Householder voting no.

The meeting was then adjourned at 8:55 p.m.

The board’s next regular meeting will be held next Wednesday, Sept. 8 at 7:00 p.m.

Publisher’s Notes:

During the meeting some incorrect things were said by members of the public during public comments about the Herald and me. The following is to set the record straight.

Just a quick response to the baseless comment just made about me. I have never had lunch or dinner with either Superintendent Stephanie Anello nor former Antioch Chief of Police Allan Cantando, and have never even been invited, even though I’ve known them for at least 15 to 20 years. As for reporting what our elected and appointed officials do, we will continue to do so, and give all involved the opportunity to offer their perspective on a matter in which they’re involved, regardless of any friendship that might exist or not. Unfortunately, not all respond and we can only publish what people share with us or on social media, or what we must obtain through Public Records Act requests.

As for the email exchange between Householder and Anello included in yesterday’s article, for which I submitted a Public Records Act request, yesterday “for any and all communications regarding tomorrow’s special board meeting”, government officials are required by state law to provide information, which isn’t privileged, to the media and public upon request.

While they have up to 10 days to do so and can extend that for another 14 days if determined it is needed to research, review and make any redactions of privileged information, officials know the media works on deadlines and there is time sensitivity for publishing the news so the public can know about their government. Thus officials provide the requested information as quickly as possible.

The special meeting wasn’t announced by Householder on Facebook until Tuesday evening and wasn’t placed on the district’s website as an official meeting until Wednesday afternoon. So, no Public Records Act request could have been made about any communications about it, until then. Anello provided the very few documents that fulfilled the request that same day.

Allen Payton, Publisher

Application deadline Sept. 30

Contra Costa County (County) is accepting applications for the upcoming Member at Large opening on the Aviation Advisory Committee (AAC). The term begins March 1, 2022, upon appointment by the Airport Committee, and expires on February 28, 2025. Residents of and/or employees in Contra Costa County are eligible to fill this position to represent all County stakeholders in matters related to Buchanan Field and Byron Airports.

The AAC serves as an advisory group to the Contra Costa County Board of Supervisors (Board) to provide advice and recommendations to the Board on aviation matters related to the Contra Costa County Airports.  The AAC typically meets once per month on the second Thursday of the month at 10:00 a.m., in person or via Zoom during the pandemic at either Buchanan Field or Byron Airport.

Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or at:  https://www.contracosta.ca.gov/3418/Appointed-Bodies-Committees-Commissions.  Applications should be submitted online or returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar Street, 1^st Floor, Martinez, CA  94553, no later than 5:00 p.m. on Thursday, September 30, 2021.  Applicants should plan to be available for public/Zoom interviews, tentatively scheduled for December 8, 2021 at 11:00 am at the Airports Committee Meeting.

For more information on the Contra Costa County Airports or the AAC visit us at www.ContraCostaCountyAirports.org or by calling (844) Fly-ToUs or (844) 359-8687.

CONTACT: Keith Freitas at (844) 359-8687, or via email at: airport.team@airport.cccounty.us

 

The Metropolitan Transportation Commission (MTC) reminds travelers that tolling operations for the new 11-mile Express Lane along southbound Interstate 680 from Martinez through Walnut Creek have now started.

By linking with the existing Express Lane from Rudgear Road in Walnut Creek to Alcosta Boulevard in San Ramon, this will create a continuous 22-mile southbound I-680 Express Lane through Contra Costa County.

The stretch of I-680 from Marina Vista Blvd. in Martinez to Rudgear Road currently operates as a traditional carpool lane. Tolling rules include:

• All vehicles must have a FasTrak® toll tag to use the Express Lanes;
• Carpools with two or more people, vanpools, buses and motorcycles travel toll-free with a FasTrak Flex toll tag set to the 2 or 3+ position;
• Solo drivers of eligible clean-air vehicles (CAVs) pay half-price tolls with a FasTrak CAV toll tag. Eligible CAVs are those with red, purple, orange or blue decals; and
• Other solo drivers pay the full toll to use the Express Lanes with either a standard FasTrak toll tag or a FasTrak Flex tag set to the 1 position.

Operating hours for Express Lanes are weekdays from 5 a.m. to 8 p.m. Tolls rise as traffic increases and fall as traffic declines. Digital signs over the roadway display the toll rates for various destinations. Customers always pay the toll displayed when they enter the Express Lane, even if toll rates change during their trip. Toll-paying customers pay for each toll zone they enter. There are five southbound toll zones from Martinez to San Ramon.

Express Lanes are designed to keep traffic moving reliably without congestion, and to encourage travelers to carpool or use transit to get a free and faster trip. Drivers can visit 511.org to learn everything they need to know to use Bay Area Express Lanes, how to find a carpool match, and how to sign up for FasTrak.