Unhappy with son’s haircut

By Lieutenant Powell Meads #3917, Antioch Police Field Services

On December 4, 2019 at approximately 3:45 PM, the Antioch Police Department began receiving calls reporting a vehicle collision at Delta Barber Shop at 1631 A Street. It was reported that a vehicle had struck a pedestrian and continued through the glass storefront. APD Officers arrived on scene and located the victim, 63-year-old Antioch resident Brian Martin, the owner. Martin was suffering from major injuries and was transported to a local area hospital for treatment.

After interviewing the victim and several witnesses on scene, officers were able to determine this was an intentional act. Based on the victim and witness accounts, this incident started as an argument over a haircut the victim provided to the responsible’s child.

According to a GoFundMe account set up by Heidi Martin, to help Brian, “the woman became agitated and began using vulgarity.  Brian asked her to leave.  She violently kicked at the glass door several times before exiting the shop and continuing her rant.  A few minutes later, Brian went outside to snap a picture of her license plate due to her behavior.”

As the argument continued, the responsible got into her vehicle and intentionally drove at the victim, hitting him and pushing him through the glass storefront. The responsible fled the scene with her son, in their vehicle, and have not been located.

The responsible in this case was positively identified as 28-year-old Ruby Delgadillo of Brentwood. The vehicle used in the assault was a 2006 Toyota Prius, blue, with California license plate 8LHB387.

Anyone with information on this case or on the whereabouts of Delgadillo is asked 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.

On his Facebook page, Brian posted the following message Wednesday night, “From the bottom of my heart, THANK YOU all for your kind words, prayers and well wishes.” Then earlier, today he posted, “Out of surgery and all went well.” Finally, Thursday evening, Heidi posted, “Please please let Brian rest. He feels obligated to respond out of politeness but he needs to rest and sleep. He is out of surgery and out of recovery and in really good spirits. But he’s only had 15 minutes of sleep and they really want him to rest. Thank you.”

Allen Payton contributed to this report.

December 4, 2019 (Antioch): Delta Diablo is currently working to repair a sewer line that ruptured and caused an overflow of untreated wastewater (i.e., raw sewage) onto local streets in the vicinity of G Street and 7th Street in Antioch on Tuesday, December 3, 2019, at approximately 2:24 pm. The sewer overflow damaged the roadway surface near G Street/7th Street and impacted a four-block area between G Street/J Street and 4th Street/8th Street.

Delta Diablo immediately responded to the line break by removing the ruptured 24-inch pressurized sewer force main from service within 25 minutes and diverting flows to a parallel line to continue conveying wastewater to the Delta Diablo Wastewater Treatment Plant.

No disruption of wastewater collection services to local residents occurred as a result of this sewer line break. Delta Diablo has notified appropriate regulatory agencies regarding this incident and is meeting all response actions required for sanitary sewer overflows.

Although the immediate action helped reduce the estimated overflow volume to approximately 40,000 gallons, local streets, one residence, and a few parked vehicles were impacted. City of Antioch staff teamed with Delta Diablo staff to contain the spill, clean local streets, and remove collected residual sewage for proper disposal. In addition, Delta Diablo arranged for a cleaning company to begin disinfecting and cleaning the affected local residence, which was completed yesterday evening.

An emergency contractor was on-site by 6:00 pm Tuesday to excavate the area near the sewer line break to investigate the damage and install steel plates over the impacted area to stabilize the roadway. Normal vehicular access and traffic flow was restored by 8:50 pm. Because of Wednesday’s rainy weather conditions, repair activities will begin in earnest Thursday morning and should be completed within the next week, depending on conditions at the site and the extent of sewer line to be replaced and/or rehabilitated.

Delta Diablo (visit www.deltadiablo.org) has requested that any impacted local residents requiring assistance call (925) 756-1900 to address any potential claims or concerns.

By Brentwood Police

Two thieves were arrested and a gun was taken off of the street this weekend, when officers responded to a business for a theft in-progress. Officers located Samantha Upchurch (37-year-old Antioch resident) and Brian Tolen (42-year-old Concord resident) after they had left Michaels with stolen items, walking in separate directions in the shopping center.

During the investigation, officers located a gun with a scratched off serial number, burglary tools, pepper spray and equipment used to retrieve credit card information. Officers also confirmed that Tolen was on parole for burglary. Fortunately, the gun was not used in the commission of this crime and no one was hurt.

Upchurch and Tolen were arrested without incident, transported to county jail and booked on numerous charges, including felon in possession of a firearm, grand theft, unlawful possession of pepper spray and possession of burglary tools.

Incumbent Supervisor Federal Glover, representing District 5 on the Contra Costa County Board of Supervisors, officially filed for re-election on Monday with the County Registrar of Voters Office.

“I’m so proud of our accomplishments and excited to be applying for a final term to complete the good work we started,” said Glover.

He has been one of the County’s top transportation advocates, identifying funding to improve Highway 4, I-680, and bring BART to Pittsburg and Antioch.

“We’re in the beginning of negotiations on establishing possible ferry service to San Francisco from Hercules, Martinez, Bay Point and Antioch, and I want to see that through completion for the residents I represent,” Glover added.

Other accomplishments that make Glover proud: Bringing the County into a AAA financial rating due to sound budgeting decisions, establishing three Family Justice Centers to support victims of domestic violence, increasing prosecution of human traffickers who kidnap and victimize young women, strengthening the Industrial Safety Ordinance to reduce refinery accidents, and leading the fight to protect open space, our hillsides and maintaining the County’s Urban Limit Line to control growth.

Glover says that making PG&E accountable for upgrading its service, and working with cities to create alternative forms of energy to decrease the company’s issuance of power outages is another issue he is working on that requires more work.

“Supervisor Federal Glover was there for our firefighters and our residents during the massive fires we experienced the last couple of years. We wholeheartedly support Supervisor Glover’s re-election and look forward to working closely with him for another term,” said Firefighter Vince Wells, President of Contra Costa Firefighters Local 1230.

Glover is also endorsed by the Contra Costa Deputy Sheriff’s Association, the Contra Costa Building and Construction Council, the Contra Costa District Attorney’s Association, police associations, Congressional, Senate, Assembly and local city elected officials (see partial list of endorsements, below).

“We have a great campaign team and I will raise whatever donations necessary to run a top-notch campaign to the voters of District 5,” Glover added. “This will be my last term on the Board of Supervisors, and I’m excited to complete the projects important to my District.”

Glover’s district includes Martinez, Hercules, Pinole, Alhambra Valley, Briones, Antioch, Port Costa, Clyde, Bay Point, Pittsburg, Crockett, Mt. View, Pacheco, Reliez Valley, Rodeo, Tormey & Vine Hill.

Supervisor Federal Glover Endorsements (partial list)

Congressman Mike Thompson

Congressman Jerry McNerney

State Treasurer Fiona Ma

State Senator Bill Dodd

State Senator Steve Glazer

Assemblymember Tim Grayson

Assemblymember Jim Frazier

County Auditor Bob Campbell

County Tax Collector Rusty Watts

East Bay Regional Parks Director Colin Coffey

Antioch Mayor Sean Wright

Antioch Mayor Pro Tem Joy Motts

Antioch Councilwoman Lori Ogorchock

Antioch Councilwoman Monica Wilson

Antioch Councilmember Lamar Thorpe

Hercules Vice Mayor Roland Esquivias

Hercules Councilwoman Chris Kelley

Hercules Former Mayor Myrna De Vera

Hercules Former Mayor Sherri McCoy

Martinez Mayor Rob Schroder

Martinez Councilwoman Lara Delaney

Martinez Councilmember Mark Ross

Pinole Mayor Pete Murray

Pinole Vice Mayor Roy Swearingen

Pinole Councilmember Vincent Salimi

Pinole Councilmember Anthony Tave

Pittsburg Mayor Juan Benales

Pittsburg Councilwoman Merl Craft

Pittsburg Councilmember Holland White

Pittsburg Councilwoman Shanell Scales-Preston

Contra Costa County Deputy Sheriffs Assn.

Contra Costa Professional Firefighters Local 1230

Contra Costa Deputy District Attorneys Assn.

Pittsburg Police Officers Association

Contra Costa Building & Constructions

Trades Council

IBEW

Boilermakers

Teamsters

By Antioch Police Department

On Friday, Nov. 29, 2019 Officer Smith and his K9 partner Kona noticed a suspicious person lurking around some parked cars. The subject was seen getting into a vehicle and driving away. Officer Smith conducted a traffic stop for a vehicle code violation. Upon contacting the 35-year-old male driver from Oakley, Officer Smith found in plain view a tactical vest and could smell burning marijuana coming from the car.

During Officer Smith’s investigation he located an assault weapon inside the vehicle. K9 Kona then used her skills and located 56 grams of methamphetamines hidden in a secret compartment inside the vehicle. The driver, who is a convicted felon and on felony probation, was booked into the Martinez Detention Facility.

Great job Officer Smith and K9 Kona.

Antioch’s Cornerstone Christian High Cougars football team is now 11-0 this season and playing for the NCS 8-man football championship against the Branson Bulls of Ross, CA at Rio Vista High School at 410 S 4th Street, in Rio Vista on Friday night Nov. 29 at 7:00 p.m. Tickets are $12 adults and $7 for seniors and students.

The team has gone undefeated with a record of 20-0 in two seasons. The Cougars trounced the Calistoga Wildcats 46-8 in the semifinal game, last Friday night.

Support the team as they battle their way to another championship.

By Jimmy Lee, Director of Public Affairs, Contra Costa County Office of the Sheriff

Sheriff-Coroner David O. Livingston announces that a Coroner’s Jury has reached a finding in the March 7, 2019 death of 65-year-old Leartis Johnson of Antioch at the Martinez Detention Facility. The finding of the jury is that the death is natural causes. (See related article)

The Coroner’s Jury reached the 12-0 verdict after hearing the testimony of witnesses called by the hearing officer, Matthew Guichard.

Johnson was originally booked into the MDF on May 16, 2018 by the BART police. His original charges included attempted murder, assault with a deadly weapon, and robbery.

A Coroner’s Inquest, which Sheriff-Coroner Livingston convenes in all fatal incidents involving police officers, is a public hearing, during which a jury rules on the manner of a person’s death. Jury members can choose from the following four options when making their finding: accident, suicide, natural causes or at the hands of another person, other than by accident.

By Allen Payton

On Friday, November 22, 2019 Contra Costa County Superior Court Judge Edward G. Weil issued the final ruling in the lawsuits brought by Oak Hill Partners and Zeka Ranch against the City of Antioch and developer Richland Communities, that “the entire Richland Initiative is invalid”. Richland Initiative final court ruling 11-22-19

In July 2018 the Antioch City Council adopted a voter initiative sponsored by Richland Communities that approved Richland’s development called “The Ranch”, while at the same time downzoning Oak Hill’s, Zeka’s, and other neighboring properties to just one home per 80 acres. In August 2018, the City Council followed up by adopting a second voter initiative sponsored by environmental groups to limit growth in the Sand Creek Focus Area, the so-called Let Antioch Voters Decide Initiative. Earlier this year, the Court ruled that the City’s adoption of the environmental groups’ initiative was invalid, and ordered the City to put that initiative on the November 2020 ballot. The earlier order also found that Richland’s inclusion of a Development Agreement between Richland and the City for The Ranch development was unlawful and invalid. (See related article).

In the 23-page November 22 ruling, the issue before the Court was whether Richland’s invalid Development Agreement for The Ranch could be “severed” from the initiative to allow the initiative to survive without the unlawful Development Agreement. The Court found Richland’s Development Agreement not to be “volitionally” severable from the rest of the initiative. Because the invalid Development Agreement is not severable from the balance of Richland’s initiative, the bottom line of the Court’s ruling is that the entire Richland Initiative is invalid.

According to the ruling, “The Court of Appeal has described the test for volitional severability as follows: The volitional requirement concerns whether the voters would have adopted the initiative without the invalid provisions.” Because the initiative was adopted by the City Council instead of submitting it to the voters, the Court focused on the “volition” or decision of the City Council in enacting the Richland Initiative. “The Court concludes that it is the volition of the City Council members who voted on the initiative that matters.”

The judge then reviewed the substantial, valuable community benefits promised by Richland in the Development Agreement if it proceeded with The Ranch development. These benefits included at least $1.2 million for improvements to Deer Valley High School, cost free land for a new fire station, land for an East Bay Regional Park trailhead, fees to support Antioch police, and other community benefits. In the absence of the Development Agreement, Richland would not be legally obligated to provide those benefits to the City as part of The Ranch development.

The judge found that Richland’s PowerPoint presentation shown to the City Council, at the meeting where the City Council adopted the initiative, was relevant and persuasive evidence provided by Oak Hill and Zeka.

In that presentation, it showed the Development Agreement included “Communitywide Benefits” such as the $1.2 million for Deer Valley High School facility improvements, and “Public Safety Benefits” such as the annual per home police fee.

The judge determined that “There is no guaranty that a different developer would agree to give the school district as much money as Richland agreed to give, just as there is no guaranty that a different developer would agree to devote 44% of its land to open space and parks, etc.” If the Development Agreement “were not approved, there would be no certainty as to when another willing developer might come along, and no certainty that the new developer would offer the City as good a deal.”

“The totality of the evidence persuades the Court that the Richland Initiative was a package deal, with the City agreeing to certain General Plan and Municipal Code amendments in exchange for the benefits specified in the Development Agreement.”

The judge’s ruling further determined that the initiative “imposed substantial development restrictions on other parts of the Sand Creek Focus Area including those owned by Zeka Ranch and Oak Hill” as part of a package with development of Richland’s The Ranch project. The Court found that those “development restrictions are not volitionally severable.”

Finally, the Court found that the General Plan and Zoning Code amendments that remained in the initiative outside of the Development Agreement could not be considered “standalone benefits independent of the Development Agreement.”

“Why would the City Council have wished to enact these amendments, if the City was not going to receive the benefits of the Development Agreement?” the judge asked rhetorically in his ruling. “This is another factor supporting the Court’s ruling on volitional severability.”

The result of the ruling means Richland must pursue its development through the development process with the City. The ruling also allows both Zeka Ranch and Oak Hill Partners to purse their development projects, as well.