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

By Liberty Counsel

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Suspect detained by citizen; admits to it saying he likes fire

By Steve Hill, Public Information Officer, Contra Costa County Fire Protection District

Con Fire fire investigators made an arson arrest on Sunday, May 23, 2021 in relation to fires set along the walking trail in the vicinity of Buckeye Way in Antioch.

Robert Steed, 21, an Antioch resident, was arrested, charged with Arson to Forest Land (PC § 451(c)) and transported to Martinez Detention Facility for booking. (See arrest details and photo)

A Con Fire Investigator responded to a reported vegetation fire in the area of Buckeye Way in Antioch where Engine 88 had found two separate fires along the walking path, approximately 200 yards apart. After investigating the fire, investigator and crews cleared the scene.

Approximately 20 minutes later, the investigator and Engine 88 again responded to the same area for reports of another vegetation fire. On arrival, a witness was found to have detained a subject for setting the fire.

The subject identified himself as Robert Steed. Steed admitted to setting the fire, saying he likes fire and that he had it under control and was going to put it out.

Steed was subsequently arrested.

Spill over into Brentwood, Oakley and Pittsburg where gunshots were fired; police chase of one car ends in crash, arrest

By Sergeant Rob Green #3639, Antioch Police Field Services Bureau

On Saturday, May 22, 2021, over 150 cars converged into several areas in Contra Costa County and engaged in several side shows. The vehicles eventually took over the intersection of West 10th Street and Auto Center Drive. There were several vehicles doing donuts in the intersection and the parking lot of Arco Gas Station near the gas pumps.

There were over 100 vehicles and close to 200 spectators in this intersection, several blocking the path of patrol vehicles. The spectators set off fireworks and at times threw fireworks at patrol vehicles and pointed high powered lasers at officers. Mutual aid was requested and several officers from Brentwood, Pittsburg and the Sheriff’s Office responded to assist in dispersing the crowd. Several vehicles continued to drive recklessly, and a vehicle nearly ran over an officer who was on foot. APD officers were able to stop a group of the vehicles with the help of the allied agencies. 20 subjects were issued citations and 21 vehicles were placed on 30-day tows from this scene.

The remaining group of vehicles entered the City of Brentwood where the vehicles took over the intersection of Lone Tree Way and HWY 4. Several vehicles made it into the City of Oakley and at approximately 1:09 AM, Oakley PD officers had bottles thrown at them from occupants from a vehicle that fled back into Antioch. Antioch Officers located a vehicle that matched the description, and a traffic stop was attempted. The vehicle fled from officers at a high rate of speed onto Hillcrest Avenue where it lost control and crashed. The driver of that vehicle fled on foot and was caught by officers a short distance later. The subject was arrested for an outstanding warrant and his vehicle was towed for 30-days.

At approximately 1:32 AM, more than 50 vehicles took over the intersection of Buchanan Road and Somersville Road and started another side show. Officers responded to the area; however, the group continued the side show despite the presence of law enforcement. After several minutes, the vehicles eventually dispersed in several different directions. At approximately 2:32 AM, APD officers responded into the City of Pittsburg to assist PPD with a large side show that resulted in several shots being fired by subjects in the side show.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441 or Detective Bledsoe at (925) 779-6884. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

Supports plans to establish Chinese historic district in downtown, museum exhibit, but no discussion yet on reparations to descendants for land City now owns; no apologies for last year’s effort to devalue without compensation current Chinese American landowners’ property in Antioch 

By Allen Payton

During their special meeting on Tuesday, May 18, 2021, the Antioch City Council unanimously passed a resolution officially apologizing for the acts of racism against Chinese residents in the 1870’s, including the burning down of the city’s Chinatown in 1876. In addition, the council agreed to pursue establishing a Chinese historic district along Antioch’s waterfront from G Street to I Street, north of W. 2nd Street where Chinatown was located. The council also agreed to pursue funding for the planning and design of potential Asian museum exhibits and murals.

The council’s actions made national news with the New York Times publishing an article about it on Thursday. Mayor Lamar Thorpe posted a link to the article on his official Facebook page, writing, “We don’t always make headlines news in The New York Times but we did today. On Tuesday, Antioch became the only known city in the US to officially apologize for the historic mistreatment of early Chinese immigrants starting in the 1840s.” However, that is incorrect, since the town wasn’t founded until 1849 as Smith’s Landing by the twin Christian reverend Smith brothers and wasn’t until December 24, that year that they each broke ground for the construction of their homes.

Also in his Facebook post, the mayor announced he is planning a public signing ceremony of the resolution, “with CA Comptroller Betty Yee in the coming weeks.” She was unable to attend Thorpe’s April 14th press conference on the matter.

According to an article by the Antioch Historical Society, “When Chinese groups arrived at the City of Antioch a small ‘Chinatown’ was established consisting of homes and stores on both sides of Second and First Street. In May 1876 the anti-Chinese sentiments of the Antioch community reached a boiling point. The Chinese were asked to leave and a resistance led to Chinatown being destroyed which was chronicled (May 2nd) in the Sacramento Bee and the Daily Evening Express.

Today, the only remnants remaining of Antioch’s Chinatown are the tunnels beneath downtown Antioch. The Palace Hotel demolition in 1926, to make room for the El Campanil Theatre, uncovered a large section of the Chinese tunnel.

An 1851 county law prohibited Chinese from appearing on the streets after dusk. The tunnels are said to have been used by Chinese service workers to travel to work without walking the streets. The use of the tunnels is one of the examples of the patience and endurance of the Chinese people to persevere and overcome challenges.”

There was no discussion on reparations for the descendants of the Chinese owners of the property, most of which is now owned by the City, including two parking lots and the Waldie Plaza park, to compensate them. A similar action is underway by the state to return Bruce’s Beach property in Manhattan  Beach, California to the descendants of Black owners it was taken  from 97 years ago. During his April 14 press conference about the matter, Thorpe said he would ask Antioch Historical Society President Dwayne Eubanks to include that in the organization’s research. Following Tuesday’s actions, asked if he was still open to considering reparations, Thorpe did not respond. When reached for comment Eubanks said, “We’ve done some research. We have some artifacts from that time period.” But his board has to decide on both hosting the display at the museum and any further research, he shared. (Please check back later for any updates to this report).

There was also no apology for last year’s actions by three of the current council members and a majority of Antioch voters for their attempt to devalue by over 97% the property owned by current Chinese American landowners in Antioch and without compensation, when they endorsed and passed Measure T. (See related editorial)

One idea for the location of the Chinese museum exhibit was proposed by a Rivertown business owner, following the council’s vote, was to use the Hard House on First Street. Another idea was to rename First Street, where the Hard House, Lynn House Gallery and Amtrak Station are located, to Chinatown Way.

Mayor Pro Tem Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker were appointed to a council subcommittee to pursue the matters of establishing the historic district, exhibit and murals. Interested members of the public can contact them with their ideas and suggestions.

Following is the resolution adopted by the council:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APOLOGIZING TO EARLY CHINESE IMMIGRANTS AND THEIR DESCENDANTS FOR ACTS OF FUNDAMENTIAL INJUSTICE, SEEKING FORGIVENESS AND COMMITTING TO RECTIFICATION OF PAST MISDEEDS

WHEREAS, on January 24, 1848, gold was discovered in Alta California, Mex(ico) and by 1849, people were coming to the region from all over the world to look for gold;

WHEREAS, the Gold Rush caused a huge increase in the population by migrants from the eastern United States and other parts of the world including China;

WHEREAS, between 1849 and 1853 about 24,000 young Chinese men immigrated to Alta California, Mex(ico) (which in 1850 became the United States, State of California) and by 1870 there were an estimated 63,000 Chinese in the United States, 77% of whom resided in California;

WHEREAS, many Chinese immigrants were met with racism, scapegoating and anti-Chinese sentiment also known as xenophobia, which was at its highest between 1850 and 1870;

WHEREAS, Antioch in its early years was not exempt from xenophobia;

WHEREAS, this period in Antioch’s history, like in most of America, is now known as the “The Driving Out” with forced removals of Chinese immigrants;

WHEREAS, during “The Driving Out” period, Antioch officially became a “Sundown Town” when it banned Chinese residents from walking city streets after sunset;

WHEREAS, in order to get from their jobs to their homes each evening, these Chinese residents built a series of tunnels connecting the business district to where I Street met the waterfront;

WHEREAS, in 1876 Chinese residents were told by white mobs that they had until 3 p.m. to leave Antioch— no exceptions;

WHEREAS, after Chinese residents were forced out, Chinatown was burned to the ground and Antioch made headline news: “The Caucasian torch,” wrote the Sacramento Bee, “lighted the way of the heathen out of the wilderness,” and “The actions of the citizens of this place will, without doubt, meet with the hearty approval of every man, woman and child on the Pacific coast” wrote the San Francisco Chronicle;

WHEREAS, Antioch’s early period helped negatively contribute to the Nation’s xenophobic discourse, which led to legal discrimination in public policy with the establishment of the Chinese Exclusion Act;

WHEREAS, the system of “The Driving Out” and the visceral racism against persons of Chinese descent upon which it depended became entrenched in the City’s, the State’s and the Nation’s social fabric;

WHEREAS, the story of Chinese immigrants and the dehumanizing atrocities committed against them should not be purged from or minimized in the telling of Antioch’s history;

WHEREAS, the City of Antioch must acknowledge that the legacy of early Chinese immigrants and Xenophobia are part of our collective consciousness that helps contribute to the current anti-Asian American and Pacific Islander hate;

WHEREAS, a genuine apology and seeking forgiveness are an important and necessary first step in the process of racial reconciliation;

WHEREAS, an apology for dehumanization and injustices cannot erase the past, but admission of the wrongs committed can speed racial healing and reconciliation and help confront the ghosts of the City’s past;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch:

1) Apologizes to all early Chinese immigrants and their descendants who came to Antioch and were unwelcome;

2) Seeks forgiveness for acts of fundamental injustice, terror, cruelty, and brutality; and

3) Expresses its commitment to rectify the lingering consequences of the misdeeds committed against early Chinese immigrant under, before and during “The Driving Out.”

* * * * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a special meeting thereof, held on the 18th day of May, 2021 by the following vote:

AYES: 5

NOES: 0

ABSTAIN: 0

ABSENT: 0

___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

___________________________________

LAMAR A. THORPE

MAYOR OF THE CITY OF ANTIOCH

Opens Saturday for weekend tours

By Allen Payton

On Thursday, May 20, 2021 officials and staff of the East Bay Regional Parks District (EBRPD) were joined by local officials to celebrate the opening of the new coal mine exhibit inside the old Hazel Atlas sand mine at the Black Diamond Mines Regional Preserve. Following speeches of gratitude and congratulations attendees held a ribbon cutting inside the mine in front of the entrance to the new exhibit.

It will take visitors back in time to a realistic 1870’s-era coal mine, complete with sights and sounds. The immersive educational experience will allow for greater understanding and appreciation of the area’s coal mining past.

Ira Bletz, Regional Manager, Interpretive & Recreation Services for EBRPD said the whole effort took two years, including carving out the area inside the mine and the development of the display. While the mine was being worked on to make room for the exhibit, the display was being developed at another location. It was then disassembled, brought to the mine and reassembled for the exhibit. The fake rock was bolted to the real rock.

New district general manager, Sabrina Landreth said, about her staff, “it’s a joy to see the fruits of their labor”.

“The parks district has delivered wonderful amenities to the people of East Contra Costa County,” she added.

Board of Directors Vice President Colin Coffey, who represents East County, said, “the exhibit shows what it was like working in the mine in the early 20th Century.”

“You are the first public visitors in the mine since 2019,” he stated. “As of today, Black Diamond Mines is happy to welcome guests, here.

Coffey spoke of and thanked the Wayne and Gladys Valley Foundation which contributed $1 million to the Regional Parks Foundation for five visitor center projects, including the coal mine exhibit.

Director Beverly Lane and Board president, Dee Rosario were also in attendance for the event.

Antioch Mayor Pro Tem Monica Wilson and Councilwoman Lori Ogorchock, as well as city manager Ron Bernal, and Parks & Rec Commission Chair Marie Arce attended.

Wilson spoke, recognizing “the East Bay Regional Parks District for their commitment to the community” and thanked them for keeping parks open during COVID-19.

“Thank you for sharing our history and stories of our rich heritage,” she added. “I’m really happy this is going to be available to our residents, our youth.”

During her remarks, Pittsburg Councilwoman Shanelle Scales-Preston shared the fact that “Pittsburg was first named Black Diamond because of the coal mines.”

Representatives from Congressman Mark DeSaulnier and Assemblyman Tim Grayson read letters from them and Assemblyman Jim Frazier, congratulating the parks district for the opening of the exhibit.

Former General Manager Bob Doyle spoke about the background of the new exhibit and his own experience in one of the now closed coal mines.

“It was John Waters’ vision. He came up with this idea,” Doyle stated.

According to the display inside the mine, “the Hazel-Atlas Mining Museum and Greathouse Visitor Center are two of the many accomplishments of Waters,” who “began his career with the East Bay Regional Park District in 1968 as a Park Ranger. Later, as Resource Analyst, he designed Black Diamond’s parking lot, picnic areas and water system. John eventually became Black Diamond Park Supervisor, and later served as the Preserve’s first Mine Manager, a position he held until his retirement in 2006.”

“I was privileged in 1977 to actually go into the last open coal mine…in Nortonville,” Doyle shared. “The exhibit has the photos from the actual coal miners. No one had been in there for 110 years. It had the corral for the animals that were used to haul the coal. The middle of the track was worn out from the animals pulling the coal mine.”

“Our gas meters went off and we took as many photos, and got out. That has been permanently closed off. Four boys snuck in and died about four years, later,” he continued. “It’s important we recognize the safety by the parks district and the hard, hard life the early workers had, here.”

“This is an incredibly huge, 6,000-acre park and someday there will be an entrance from the Nortonville side, which was the largest town in the area,” Doyle added

“It’s a history that’s often hidden and one we take great pleasure in sharing with you,” said Kevin Damstra, Supervising Naturalist in charge of both the exhibit and the Black Diamond Mines park.

The exhibit includes background noise of coal mining including voices of Welsh and Welsh accented English,” he shared. “There were also Irish, Italian and Chinese miners, out here, for a while.”

The coal mining lasted from 1865 to 1908 and then the sand mining from 1920 to 1945,” Damstra shared.

The Black Diamond Mines Hazel Atlas Mine is located at the south end of the Somersville Road in Antioch. The exhibit is open for four tours each Saturday and Sunday beginning tomorrow, May 22. To schedule yours contact the parks district at (510) 544-2750 or toll free: 888-EBPARKS (888-327-2757), option 3, extension 4506, or visit www.ebparks.org/parks/black_diamond/. The sand mine will not be open until June. It’s cold inside the mine and wearing something warm is recommended.

“armed and dangerous”; victim’s name also released

By Sergeant James Stenger & Lieutenant John Fortner, Antioch Police Investigations Bureau

The Antioch Police Department is asking for the public’s help in locating 19-year-old Michael Dwyane Fritz (born on 4/22/2002). Fritz has been identified as the suspect who shot and killed 12-year-old K’Lea Davis on May 12, 2021, in Antioch. Fritz currently has a warrant for his arrest for this case. It is believed that Fritz has cut his hair since the above photographs were taken. Fritz should be considered armed and dangerous and should not be approached. If Fritz is seen or you know his location, please call 9-1-1 or the Antioch Police Dispatch center at (925 )778-2441.

On Wednesday, April 12, 2021, at approximately 7:00 PM, Antioch police officers responded to the 1200 block of Oak Haven Way for a female that was shot.

Numerous officers responded to the scene. When officers arrived, they located a female victim suffering from at least one gunshot wound inside an upstairs bedroom. Evidence at the scene indicated the shooting occurred indoors. Officers immediately began administering first aid and called for emergency fire department and AMR paramedics.

Unfortunately, the 12-year-old female victim succumbed to her injuries and she was pronounced deceased at the scene. The suspect fled the scene and has not been contacted. Currently, there are no suspect leads.

Antioch Police Department’s Investigations Bureau, consisting of Crime Scene Investigators and detectives with the Violent Crimes and Special Operations Units, responded to the scene and took over the investigation.

Currently, detectives are interviewing witnesses and working to identify any suspects or persons-of-interest. The investigation is still active, and evidence is being collected and evaluated.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441, or Detective Bledsoe at (925) 779-6884. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

 

Following state’s guidelines instead; Antioch library reopening delayed until June 8

By Daniel Borsuk

Seventy percent of Contra Costa residents have received at least one dose of the COVID-19 vaccine, but  Contra Costa Health Services Director Anna Roth says that vaccination rate is still insufficient to convince state health officials to change the county current Orange Tier health restrictions to less stringent Blue health restrictions until at least June 15.

“We are accepting the state’s instructions to keep masking guidelines in place,” Roth said at Tuesday’s board of supervisors’ meeting.

Even though COVID-19 vaccines are being administered to children as young as 12 to 15, requirements remain in effect for persons to wear masks while indoor businesses, Roth said.

But CCHS Ambulatory Care Director Dr. Gabriela Diaz Sullivan presented a study’s gloomy findings about how COVID-19 pandemic has severely impacted the state’s health care delivery system.

“Since the outbreak of the pandemic in March 2020, 48,000 more Californians have died,” said Dr. Sullivan, “Heart attacks was the number one cause of death followed by cancer as number two and COVID-19 as number three.”

“Thirty-three percent of Californians had an urgent care need, unrelated to COVID-19, wanted to see a physician, but did not see a physician,” Dr. Sullivan emphasize.  She said mammograms, colorectal cancer screenings, diagnostic colonoscopies, and blood pressure procedures were all down.

In summation, the COVID-19 pandemic has eroded the state’s health care system with Californians foregoing medical care when needed in preference to staying home.

On another related matter, Contra Costa Public Health Officer Dr. Chris Farnitano denied Supervisor Candace Andersen’s statement that she has learned 3,500 people have died from taking the COVID-19 vaccine.

“There is no evidence that the COVID-19 vaccine has caused deaths,” Dr. Farnitano said.

Supervisors Approve Keller Canyon Permit

Over the objections of the City of Pittsburg’s Environmental Affairs Manager Laura Wright, who was the only opponent, supervisors unanimously approved a three-year land use permit for Republic Services to continue to operate the Keller Canyon Landfill on Bailey Road.

The supervisors’ action does require the county Department of Conservation and Development to conduct a one-year permit review of the landfill to determine if new or modified conditions should be considered.

Wright objected to the three-year permit renewal because the county did not adequately address the visual impacts by the inadequate number of trees that have been planted to block the view of the landfill and the inadequate measures undertaken to eradicate the dumping of litter outside the landfill.

Initially launching operations in 1995, the landfill has served as either an environmental irritant to residents living nearby the landfill or as a valuable source of money for numerous Pittsburg and Bay Point nonprofit organizations that Supervisor Federal Glover oversees the distributes thousands of dollars from Republic Services’ mitigation fund.

Two years ago, the landfill was the site of public concern when reports surfaced that radioactive waste from the former Hunters Point Naval Shipyard in San Francisco had been transported and deposited at the Contra Costa County landfill.  A landfill radiation study last year revealed no evidence that any radioactive material had been deposited at Keller Canyon Landfill.

Antioch Library Reopening Delayed Until June 8

Citing the need for additional time to install shelving and update computers at the Antioch Library, supervisors approved County Librarian Alison McKee’s request to extend the reopening of the library to Tuesday, June 8.

In late April, supervisors had approved a request to close the library on June Tuesday, June 1 for interior paint and the installation of new carpeting and shelving, but due to additional time needed to install shelving and update computers the reopening has been delayed by a week.

Tougher Fireworks Ordinance Proposed

Supervisors are expected to consider at the June 8 meeting a proposed ordinance toughening the law banning the possession, manufacture, sale, use and discharge of fireworks.

“The proposed ordinance would amend Chapter 44-2 (i.e., vegetation fires, structure and exterior fires, personal injury or death, and noise or other public nuisances) and authorize the Sheriff to arrest and cite a responsible party, as defined in the ordinance, for violations for Chapter 44-1.  The proposed ordinance establishes that a responsible party is required to maintain, manage, and supervise the property or vessel for which they are responsible to prevent violations of Chapter 44-2. A responsible party is liable and violates the probation on fireworks under Chapter44-2 if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs.

“The proposed ordinance defines a responsible party as any of the following:

1. A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, aa residence or other private property or a vessel.
2. A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.

If a residence or other private property is rented or leased for a period of more than 30 consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, the residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property.

The owner of a residence that is rented for a period of 30 consecutive days or less (a short-term rental) is a responsible party and is liable for violations of Chapter 44-2 if the short-term renter, or any other person, possesses, manufactures, sells, uses, or discharges, any fireworks at the residence, regardless of whether the owner of the short-term rental is present when the violation occurs.”

The proposed tougher fireworks ordinance already has won the support from the Discovery Bay Community District which released a letter from district board president stating:

“The revisions, in essence, would hold persons in control or possession of private property responsible for fireworks violations occurring on their property,” wrote board president Byron Gutow. “The discharge of fireworks is a common problem in the district, especially during celebrations of Independence Day and New Year’s.  In many cases, the fireworks are professional grade and pose a significant risk of danger to persons and properties. We support efforts to dissuade the use of illegal fireworks.”

Promote Chief Assistant to County Counsel

Chief Assistant County Counsel Mary Ann McNett Mason was promoted to County Counsel by supervisors to fill the position that became vacant when Contra Costa County Counsel Sharon Anderson died on April 30.

Ms. Mason will earn $463,000 a year of which $105,000 is pension costs.  All the costs are budgeted in the county’s General Fund within the County Counsel’s Office operating budget.

Mason, a graduate of the University of California Hastings College of Law, started to work for the county counsel’s office in 1987 as a deputy county counsel.  In 2010 she was appointed assistant county counsel and in 2016 was promoted to chief assistant county counsel.

While serving the role of chief assistant county counsel, Mason assumed the duties of the County Counsel in her absence, supervised the attorneys in the General Government Group, and assisted in management of the County Counsel’s Office. In addition to those duties, Mason has served as the county’s retirement and employee benefit counsel, is the office specialist on open meeting and conflict of interest laws and serves as General Counsel to Delta Diablo.

Mason previously served as the counsel to the Contra Costa County Board of Education and County Superintendent of Schools, the Contra Costa Superior Court, the Grand Jury, and the Assessment Appeals Board and other clients.

“I am so happy to have this opportunity to represent the board of supervisors and the county at an important time in our history and to carry on Sharon Anderson’s legacy,” Mason told the Contra Costa Herald.  “I have some big shoes to fill.”

Load Limits Imposed on Delta-Mendota Canal Bridge

In an unusual action, supervisors approved the Contra Costa County Department of Public Works request to post 23 ton per vehicle (i.e., Type 3 Truck) load limit signs for the deteriorating Delta-Mendota Canal Bridge on Lindemann Road over the Delta-Mendota Canal because of “on-going deterioration found in multiple timber columns of the bridge.”

Supervisors did not receive any public comment pro or con on the proposal for the bridge’s load limit. “This order shall remain in effect for 90 days, or until Caltrans issues a Director’s Order establishing a permanent load restriction on the bridge, whichever occurs first,” the supervisors’ resolution states.

Alamo Architect Appointed Acting Planning Commissioner

District 2 Supervisor Candace Andersen of Danville received board consent action approval on her request to appoint Alamo architect Sanjiv Bhandari to fill on an acting basis the planning commission post vacated by Rand Swenson’s resignation on April 28.

“Supervisor Andersen has been advertising the District II Commission seat since April 15, 2021 in preparation for filling the vacancy scheduled to arise at the end of Mr. Swenson’s current term on June 30, 2021.  Mr. Bhandari applied and met with Supervisor Andersen. Supervisor Andersen feels his knowledge an experience will be a positive addition to the commission,” the board agenda item report states.

 

Includes apology for racism against Chinese residents in the past including burning down the city’s Chinatown in 1876, but no mention of the council majority’s support and residents’ vote attempting to devalue current Chinese American landowners’ property in Antioch without compensation, last year; also school safety proposals including “Potential Increase of Campus Safety Personnel on High School Campuses”

By Allen Payton

Antioch Mayor Lamar Thorpe has called a special council meeting for Tuesday night, May 18, for the discussion of 14 agenda items, including 10 on youth development. The items were moved up a week from the council’s regular meeting on May 25 in response to the shooting death of a 12-year-old girl, last week. (See related article)

The items include #1, a previously proposed apology to Chinese residents, described in the city staff report as a “Resolution Apologizing to Early Chinese Immigrants and Their Descendants for Acts of Fundamental Injustice, Seeking Forgiveness and Committing to Rectification of Past Misdeeds.” However, the resolution includes no apology for what the current council majority and a majority of Antioch voters attempted to do, last year to current Chinese American landowners in the city, when they voted to devalue their property by over 97% without compensation. (See related article here and editorial, here) Antioch Council Resolution Apologizing to Early Chinese & Descendants 051821

Each of the other 13 items including 10 labeled “youth development” are preliminary and only offer a recommendation from staff “that the City Council discuss and provide direction to City staff” but without any details. Should a majority of council members support pursuing any of them, those that do will be brought back later for a formal vote.

A related agenda item to the apology resolution is #2, designation of a Chinese Historic District in the city’s downtown, where the Chinese residents owned their property, most of which is now owned by the city, specifically Waldie Plaza and the two adjacent parking lots on West 2nd and I (eye) Streets. The other related agenda item is #3, a discussion on Funding for Planning and Design of Potential Asian Museum Exhibits, Murals and Related Matters.

Item #4, requested by District 3 Councilwoman Lori Ogorchock is a discussion on a Social Media Policy for the council and perhaps for city staff and departments, as well.

Youth Development Recreation and Safety Proposals

Some are recreation oriented while others are more focused on anti-violence and youth safety. They include agenda item #5 – Potential Establishment of a Midnight Basketball Initiative Targeting Middle and High School Students, #6 – Securing Location to Legally and Safely Use Off Road Vehicles, #7 – Potential Establishment of Community Violence Solutions Task Force, #8 – Potential Establishment of a Safe Storage Ordinance for Firearms and Ammunition.#9 – Bus Pass Program, #10 – Review of Citywide K-12 Campuses to Determine the Need for Traffic Calming Measures, Including Crossing Guards, #11 – Potential Authorization of Additional Antioch Police Department Overtime For Afterschool Antioch Unified School District Special Events, #12 – Potential Launch of School Watch and Care Program in Partnership with City of Antioch Police Crime Prevention Commission, #13 – Potential Increase of Campus Safety Personnel on High School Campuses, and #14 – Addition of Youth Members to Boards and Commissions.

According to District 1 Councilwoman Tamisha Torres-Walker, the high school campus safety personnel would not be police, but trained site safety staff. She, along with Thorpe and Mayor Pro Tem Monica Wilson, in one of their first acts as a new council, last December 15, voted to rescind the $750,000 federal grant for placing six sworn Antioch police School Resource Officers at AUSD middle and high school campuses. (See related article)

The meeting begins at 7:00 p.m. and can be viewed via livestream on the city’s website at https://www.antiochca.gov/live_stream, on Comcast Channel 24, or AT&T U-Verse Channel 99. See complete agenda, here: Antioch City Council meeting agenda 051821

Public Comments

Members of the public wishing to provide public comment may do so by 5:00 p.m. the day of the Council Meeting in the following ways (#2 pertains to the Zoom Webinar):

1. Fill out an online speaker card located at: https://www.antiochca.gov/speaker_card.
2. Provide oral public comments during the meeting by clicking the following link to register by 5:00 p.m. the day of the Council Meeting, 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. Please ensure your Zoom client is updated so staff can enable your microphone when it is your turn to speak.
3. Email comments to cityclerk@ci.antioch.ca.us by 5:00 p.m. the day of the Council Meeting. The comment will be read into the record at the meeting (350 words maximum, up to 3 minutes, at the discretion of the Mayor). IMPORTANT: Identify the agenda item in the subject line of your email if the comment is for Announcement of Community Events, General Comment, or a specific Agenda Item number. All emails received by 5:00 p.m. the day of the Council Meeting will be entered into the record for the meeting.