To cost city more than $225,000

By Dave Roberts

The Ides of March came a day early for Antioch, when a divided City Council fired City Manager Steve Duran Tuesday night, on a vote of 3-2, just five months before he was scheduled to retire. The action will cost the city more than $225,000 in increased compensation to Duran. Mayor Sean Wright said the termination was necessary for the city to move forward. But the mayor did not specify what forward progress Duran was impeding or why it was necessary to take action now rather than wait for Duran’s tentatively scheduled retirement on Aug. 15, which he announced on the night of the November election.

The vote to terminate Duran during a closed session before the regular meeting. was 3-2. Wright, Mayor Pro Tem Lamar Thorpe and Council Member Monica Wilson voted in favor of termination, while Council Members Tony Tiscareno and Lori Ogorchock were opposed. The closed session, which lasted until 8:00 p.m. followed over an hour of public comments from a variety of community leaders, who all spoke in favor of Duran’s termination. (See related article).

The division on the council was also evident in Ogorchock’s charge that the council has violated the California open meeting law known as the Brown Act. She did not provide specifics, but said it possibly includes a “serial meeting.” The Brown Act defines a serial meeting as “a series of communications, each of which involves less than a quorum of the legislative body, but which taken as a whole involves a majority of the body’s members.” Ogorchock asked that the matter be placed on a council agenda “ASAP.” None of the other council members addressed the Brown Act violation charge.

Wright was the only council member to comment on the Duran firing. He argued that it’s a natural consequence of the November election. Voters changed city leadership, replacing Wade Harper as mayor with Wright, and replacing Mary Rocha on the council with Thorpe.

“Elections bring about change that inspire new direction, fresh philosophies and re-energized hope,” Wright said. “The recent election showed a renewed desire to help in a community that wants to see things improve. Volunteers have stepped up in greater numbers to serve on our commissions. And citizens have voiced their desire to help through phone calls and email. Our city has a phenomenal window of opportunity to take advantage of a growing economy, the expansion of eBART and completion of Highway 4.

“Sometimes taking advantage of that opportunity requires change. And you saw that tonight through a City Council who chose to make change. I look forward to working as a team with our staff, our new city manager to be able to really take Antioch to the potential that it can be. I’m excited about not staying in the status quo and moving forward in a direction that gives us the opportunity to be able to move forward and move forward quickly. And as we do that, we do go through some pains and some growing pains and learning. And I thank you for your patience with me as a new mayor and allowing me to learn with you.”

Wright also alluded to an article in the East Bay Times, “Antioch city manager says new mayor wants him gone.” In that March 11 article Duran alleged that Wright wants to fire him because Duran told Wright to stop holding discussions with a developer that included the waiving of city fees for a project. The article also said Duran wants an outside investigation of a possible Brown Act violation.

“As relates to some of the comments in the newspaper that have recently been said about me, unfortunately I am unable to really remark and go into,” said Wright. “I would just like to state that many of the allegations, many of the things said about me were in response to obviously today’s actions and trying to make them not happen. At some point there will be things that I’m sure will come out as it relates to that. And I’ll work with our city attorney as to what I can say so that it comes out. I want to be as transparent as possible and give out as much information as possible.”

Wright concluded his remarks under the Mayor’s Comments portion of the agenda by reiterating his optimism about Antioch.

“Thank you so much for all that you do,” he said. “I’m so excited. When we have a commission opening, now we get six or seven applications. It’s amazing how many people are standing up and stepping up to be able to volunteer and work and see a renewed sense of hope and opportunity in this city to be able to really drive forward. And I’m looking forward to be able to do that and do that with you as our citizens. Thank you.”

In 2015 Duran received $338,282 in compensation, according to state controller data. That includes $242,088 in wages and $96,194 in retirement and health benefits. His compensation was likely higher last year and will be this year due to the pay raise approved by the council majority. But based on the 2015 figures, he was on track to receive $140,951 during the five months until he retired in mid-August. Instead he will receive at least $366,472 because the termination agreement includes one month of unpaid leave plus one year of severance.

In other words, by being fired Duran will receive at least $225,521 more from the city than he would have had he been allowed to retire in August. Acting City Manager Ron Bernal did not respond by deadline to email requests to confirm and update those numbers.

When City Attorney Michael Vigilia announced the 3-2 vote to terminate Duran’s employment agreement with the city, many in the audience applauded and some cheered. That prompted a scolding during the Public Comments portion of the meeting from Antioch resident Ken Turnage II.

“I’ve never been a fan of Mr. Duran nor did I think he really fit for this city,” said Turnage. “But to hear the people from the audience applaud over the man’s termination is an absolute embarrassment. The man might not have fit our city, but to applaud his termination, if you want to be a better city you should be better than that.”

He was seconded by Willie Mims, who represents the East County NAACP. Mims was also critical of the council for starting the meeting an hour late without an announcement that it would be delayed.

Two residents expressed appreciation to the council for the Duran firing. Nancy Fernandez said, “I’ve been through a lot in the politics in the 50 years I’ve been here. Some pretty bad, some very sad. This is a new beginning. And I thank the three of you for showing our residents they are valued again.”

Frank Sterling also thanked Wright, Thorpe and Wilson for removing Duran. “One thing that bugged me about the previous city manager is he never looked at me,” he said. Sterling also complained that Duran did not provide information on police abuse in his reports to the city although those reports included details on drug- and alcohol-related crimes.

In other action, the council:

• Listened to a presentation by a consultant who offered to help improve the city’s image. “When you Google ‘Antioch,’ unfortunately what comes up is crime, issues of negativity,” said Rolando Bonilla. “I know that’s not what this city is. It’s hard working, about moving forward and giving opportunity. I want to help you change the narrative. If you want to attract tourism and investment, it’s not going to happen when that’s the first thing people see.”
• Voted 4-1 (Thorpe voting no) to participate in a statewide assessment program to help residential developers pass on costs to the buyers of their homes.
• Supported funding for the Arts & Cultural Foundation of Antioch, which puts on art shows at the Lynn House Gallery along with the summer concert series.
• Supported construction of a nine-hole disc golf course in Prewett Park this summer.
• Voted 3-2 (Wright and Thorpe voting no) to spend $1.1 million to study whether Antioch should build a $70 million desalination plant. Wright and Thorpe, noting that they were not involved in previous discussions on the project, said they wanted more information.

By Allen Payton

In a show of solidarity, and a rarely seen large attendance during the public comments period prior to a closed-door session of the Antioch City Council, about 50 community leaders joined together and called for the firing of City Manager Steve Duran.

Upset with the way Duran has either treated them individually, their organizations and efforts since he was hired three years ago, or his comments about Mayor Sean Wright, made in a recent East Bay Times article, each speaker offered their reasons for why they wanted Duran to go and asked the council to fire him during their closed session, immediately following.

Speakers included long-time residents, business owners, former council and school board members and leaders of community organizations.

Duran sat there listening for over an hour to the negative comments directed at him, mainly looking down, until Antioch-based new home developer and long-time Rotarian Gordon Gravelle spoke. Then, Duran looked up and listened to what Gravelle had to say.

“You know when I read this article I was disgusted,” he said. “Disgusted because it put Antioch in a bad light, again.”

“Why would this happen like this?” Gravelle asked. “That this type of dirty laundry would have to be exposed to the public. It doesn’t.”

“I just want to give the council not a warning it might be a tip or a hint. I’ve been involved in litigation way too many times in my life,” he shared. “Always keep in mind that when you go in your attorneys will tell you it’s a slam dunk case. Then you get in $50,000 and it’s a 50/50 chance. “I don’t want this city, this learned council to get into this,” Gravelle continued. “Step back and take a look at all the facts.”

“The city is doing nothing right now and needs to move forward,” he concluded.

Richard Pagano, the new CEO of the Antioch Chamber of Commerce spoke on behalf of the city’s business organization in favor of the termination of Duran’s contract.

More than two months have now passed in 2017 and the direction of the city of Antioch must begin to quickly clarify. It is time for the City Council to take the reins of policy and lead the City of Antioch rapidly to a new and more successful place. The people who live and work in Antioch are your constituents, and all of your decisions should put the interests of these citizens, businesses, visitors, employees, etc. in the top priority. Policies and actions that focus on this simple priority would be most welcome and expected by the 2016 voters.

The City Manager has already stated publicly that he will leave during this year. However, the City of Antioch cannot remain stuck in an old operational mode for most of 2017. As a result, we urge the City Council to rapidly remove the current City Manager. It is time to get on with making steady progress in the City of Antioch under a policy direction which is set, monitored, and corrected as needed from the City Council. It’s not that the current City Manager is not good at his job. It’s that he’s not a good fit for our city. The downtown plan has continued to stall, and the Somersville area is littered with garbage, homeless, and vacant shopping centers. To put it another way, economic development in our community is nonexistent and action on chronic problems is far too slow.

In recent days, several articles have emerged in local newspapers. These articles suggest a very dysfunctional relationship at City Hall. The City Manager suggests that the new Mayor is somehow “meddling” and yet he is in fact, the new mayor according to citizen voting. The Mayor and the City Council should be directing City policy and yet the City Manager seems to resist this as he tries to control everything at City Hall.

Maybe this explains why it takes so long for things to happen at City Hall without openness, engagement, delegation, and enablement styles of leadership? In the article, the City Manager now appears to threaten the Mayor with a lawsuit? Really? The last thing that the City of Antioch needs is another wasted year. Let’s cut our losses and move on.

The Antioch Chamber of Commerce, on behalf of its membership, respectfully requests that the City Council discuss and act on the termination of the city manager and establish temporary leadership. The City of Antioch deserves a City Manager who can lead city hall – under a policy direction as set by the City Council – toward a path of economic vitality. As business owners with employees, we recognize there are times when it makes good business-sense to let an employee go. Even if their termination comes at a potential financial loss. This is one of those situations. The Antioch Chamber believes even with this loss we will be avoiding situations and contracts that can cost the city far more expense than this small loss will amount to in the overall budget.

Nancy Fernandez, who with her husband regularly attends council meetings, was first to speak. She asked the council to “Pull items 1, 2, 3 and 7,” wanting item “2 postponed” due to a “conflict of interest by the negotiator, Duran.”

“We do not negotiate in secret,” she stated. Then gave her reasons for pulling agenda item “3,  Humphrey’s needs to be torn down.” Instead, Fernandez suggested it become “Humphrey’s Park.”

Agenda item “7 must be carried out for the saving of our city,” she said referring to the Public Employee Dismissal.

“Measure O needs to be implemented completely,” Fernandez continued, complaining that the business license fee imposed on residential rental units was not being collected.

Antioch Planning Commissioner and form Councilman Jim Conley was next to speak.

“Mr. Duran has left you in an untenable situation,” he said. “They should give a specific date,” referring to Duran’s tentative retirement date. “Their attitude changes. They can stay on for months.”

“You’re not going to be able to hire a qualified replacement,” Conley continued. “There’s no start date. He (Duran) could change his mind…and stay until January.

He called it a “very precarious problem. There are remedies. You can pay him until January. You can fire him for cause. Even (for) as much as putting something on the agenda. You can negotiate or you can keep him here and take away his authority.”

“You need to protect the city,” Conley stated. “That’s something that Duran didn’t do when he spoke with” the newspaper reporter.

“He should have said it’s a personnel issue and I won’t comment. He made a page full of comments and threatened legal action.”

Next to speak was a man who wouldn’t provide his name but referred to himself as “Mr. Resident. He was the only one who spoke in Duran’s defense.

“I have been a resident of Antioch for 37 years. I rarely come to the council but I rise today to speak on items 5, 6 & 7,” he said. “I’m also an attorney. I’m grey haired, retired. “

Ordinance 210 is a non-interference by the board,” the man shared. “It’s a separation of powers and to avoid corruption. They work through the city manager.”

There is “no authority by the board to interfere in conducting business by the city manager,” he continued. The city manager is “to see that all laws are executed in the city.”

“A member of the council was admonished by the city manager for conduct that could interfere with the city manager,” he continued. “The mayor should recuse himself of consideration of those three agenda items.”

There “might be a referral to a civil grand jury,” the man concluded.

He was followed by Joe Lamont who said, “City Manager Duran…is not of, by and for the people.”

Susan Welch was next to speak, saying “he does not care how the people want their city to be.
He is rude.”

Joanne Boyd said, “he said you won’t get what you want but you’ll get what you need. Mr. Duran isn’t invested in Antioch.”

He’s “not all good or all bad,” she continued. “He was hired by the previous city council. We have little confidence in the previous council and even less in the city manager.
We worked hard in the last election to have a change in vision.”

“I wish Mr. Duran well in his retirement years,” Boyd concluded.

Former Antioch Councilman Ralph Hernandez spoke next, saying, “The firing of the city manager, I think it’s appropriate for cause for various reasons. Of course he’s entitled to due process and you give him due process.”

“When he was hired we had a financial problem and a public safety problem,” he continued. “He hasn’t accomplished anything. We are still below 1 officer per 1,000 residents. Our budget…we have over $150 million in unfunded liabilities.”

“His position is an at will position,” Hernandez explained. “He’s spoken to the press, criticized the mayor…(that) is intolerable. I would also ask for his dismissal. He gives direction to the mayor and the council. If he has…he has failed. Replace him with someone who will properly serve you and the residents.”

Susan Martinez said she has “lived in Antioch for over 25 years. I’m here to express my frustration with…city operations.”

“You’re not able to do your jobs as city leaders when you’re told to ‘stay in your lane,’” quoting a comment by Duran in the Times article. “It’s frustrating to me to see your hands are tied when told to ‘stay in your lane.’”

You have my full support today to make the changes today,” Martinez concluded. “Thank you for all you do for this wonderful city.”

Pagano spoke next followed by Terry Ramus, a former member of the Mello-Roos Board and Chairman of the Antioch Chamber of Commerce Government Affairs Committee.

“There are many good people who serve every day for the city of Antioch,” he said. “Unfortunately the recent newspaper article…our worst fears have come true. You can’t be effective if someone is resisting and saying to stay in your lane.”

“You should terminate the city manager tonight then bring the rest of the city along who doesn’t sees the citizens as obstacles as Mr. Duran often does,” Ramus continued. “Mr. Duran sees customers…as an obstacle to his own self-observed genius. The system doesn’t work like that.”

He referred to city hall as a “vampire bureaucracy” that “when someone shines light on it the fangs come out.”

Former Councilwoman Norma Hernandez spoke next, stating, “We’re expecting change. Trump is having the same problem. People don’t vote for change to have the same leadership.”

“He may be the one who will select your chief,” she warned. “So we need all new leadership.
He has no business doing that because he works directly for you folks. You can’t trust anyone who hands you any documents, it may be false.

“You guys are handling our money,” Hernandez said. “If you make a mistake the homeowners can go down the tubes. We’re supposed to have a reserve fund and not give raises and retirement we can’t afford.”

“Get rid of him and get a new city manager to hire a new chief,” she concluded.

Dr. Jeffrey Klinger said “his comments were, well in poor taste.” They “demonstrate the siege mentality” that “he citizens are part of the problem.”

He called for “new leadership that puts transparency, where the citizens oversight is seen as something positive.”

“Before something new there needs to be someone new,” Klinger continued. “There is no time to waste. Respect the citizens’ desire for change and get us new leadership as soon as possible.”

Antioch Realtor Mark Jordan began his comments with “the old saying, actions speak louder than words.”

“Are you going to fire him or whether we’re going to continue down the same path?” he asked. “I’ve sat across the table from Mr. Duran and negotiated. What I’ve learned is that Mr. Duran can be pretty stubborn.”

We need to change their (city staff’s) mindset. I don’t believe Mr Duran is that kind of person,” Jordan continued. “He’s functionally good at what he does. But…people want change. If you keep Mr. Duran there will be more of the same.”

“Two of you voted for Mr. Duran. It’s not Ok to not correct a mistake,” he stated. “So let your actions speak louder than your words. So, let’s be done here and move Antioch in a different direction.”
Lee Ballesteros was next to share her concerns and took more of a legal approach.

“Mr. Duran unlawfully brought City Ventures in for exclusive negotiations.” She claimed he “Violated the Brown Act” and “that’s cause for Mr. Duran for being dismissed for cause.”

She stated that “discussion on real estate negotiations” were to occur in open session and that the “Appellate Court rejected” it occurring in closed session.”

“The exclusive right to negotiate (that Duran was given by the Council with City Ventures for the lumber company lot and other city-owned parcels) are grounds for his dismissal.”

John Ballesteros, who said he is a “50-year resident and downtown business owner for over a quarter century,” spoke next about the possible tearing down of the Nick Rodriguez Center and theater. He said that he “tried to negotiate with Mr. Duran,” to hold plays in the theater, but that Duran responded “Why not seek another town.”

Ballesteros referred to Duran as “the lapdog of the developers.”

A man named Rick spoke next saying he has “lived in Antioch for 27 years.

“I’m most disappointed in the performance of Mr. Duran,” he stated. He “chose an adversarial approach” and spoke about the proposed event center also known as the Town Square on the old lumber company lot. “We were told we would get what we need not what we want.”

“Mr. Duran’s plan was to have the theater and center torn down to build more homes and raise the tax base,” he stated. “Steve is unwilling to work as a team.’

Duran “campaigned against us by spending $50,000 to make slick videos and even a survey,” Rick continued. “Whenever we succeeded to get on the agenda it would be last.

“Antioch needs progress and results. Steve Duran has failed…it’s time to terminate Antioch’s relationship with Steve Duran,” he concluded.

Recently honored as the Antioch 2016 Citizen of the Year for Most Impact, Sal Sbranti offered his own “performance evaluation of Mr. Steve Duran. I’ve had many meetings with Mr. Duran in the past,” who told him “my people are too busy to meet with you.”

“I did get a meeting with Duran and (city Finance Director) Dawn Merchant,” he continued. “The first thing” Sbranti asked about Duran told him “was ‘out of your purview’.”

Then he said Duran told him “I’ve heard all about you. I asked what he’d heard and he didn’t say,” Sbranti shared.

Next, he spoke about the Measure C Oversight Committee of which Sbranti had been a member. “Our report given to you was that we had concerns, yet what went to Antioch was this,” showing a copy of the newsletter city staff mailed out to the residents with a different message.

Jennifer Hughes said she wanted a city manager who is “vested in the whole of Antioch not just building more houses.”

Speaking of the recent news articles, she said, “the mayor showed class in not responding.”
Gravelle spoke next, followed by Antioch Realtor and Rivertown Preservation Society member Katy Cook.

“I don’t feel Mr. Duran is an asset to our city,” she said. “He does not work for us the people.”

A little girl named Chloe walked up to the podium with a man who read from a note she had written.

“We want a park. We don’t want it in Waldie Plaza. We want it at the Beede Lumber Yard,” he said reading from Chloe’s notes.

Joy Motts, a former Antioch School Board Trustee and a leader in the effort to build a park and event center on the lumber company lot, spoke next.

“If you want to improve our city you have to participate. Many of the people in this room…they too are passionate and participate,” she stated. “They’ve been ignored and disrespected since Mr. Duran was hired.”

She spoke about two groups, the Antioch Rivertown Preservation Society and the Save The Yard group, that “have been intentionally disenfranchised by Mr. Duran. It is time for an inclusive collaborative vision for Antioch. It is time now for a new city manager.”

Former business owner and docent at the Antioch Historical Society Museum’s Sports Legends wing, Tom Lamothe spoke next.

He said he’s been a “resident of more than 50 years and a business owner for 30 years. I’m here to support the council in whatever decision you make.”

“Some want to remove the city manager at all cost,” Lamothe stated. “But I’m a little more cautious.”

Brentwood resident Holly Cuciz, who  has been involved with the Antioch Animal Shelter, wsa one of the few to say something positive about Duran.

“I’m not here to bash Steve Duran. I found in some circumstances he was very responsive,” she said. “But I trust the council. I’m more concerned about the long term, who will be taking his place…an entrenched employee or someone from outside.”

“There’s problems like with the police…Because we have such high crime in Antioch,” Cuciz continued. “I’m thrilled by the new leadership. I was disturbed to see that article in the newspaper. That should not have happened.”

Antioch business owner Brian Bellante was last to speak and straight forward said, “I was born and raised in Antioch. I love Antioch. I have a business in Antioch. I’ve hired and fired. The city manager works for you guys. If he’s not doing what you guys want done, then you need to fire him.”

One indication that Duran may have already agreed to go quietly, was given following the public comments, when City Attorney Michael Vigilia asked the council to include Assistant City Manager Ron Bernal in the closed session agenda item 8, which was listed as “Conference with Labor Negotiators.” Agenda item 7 was listed as “Public Employee Dismissal.”

The regular council meeting begins at 7:00 p.m. in the Antioch City Council Chambers at City Hall, at 200 H Street in downtown. It can also be viewed on Comcast Local Cable Access Channel 24 or on the city’s website, via live stream video, here.

See the complete agenda and packet, here.

By Allen Payton

During an oath of office ceremony at the Antioch Police Facility on Tuesday, March 14, 2017, the Antioch Police force grew to 100 sworn officers, with the addition of new Officer Ryan Duff.

Captain Tammany Brooks provided the following background on Duff:

“Ryan grew up in the Los Angeles area until he was 13 years old and moved to Antioch where he attended Deer Valley High School. After graduating from DVHS, Ryan attended Los Medanos College and eventually transferred to California State University, Hayward where he earned a Bachelor’s degree in Political Science.

After finishing college Ryan decided he wanted to start an exciting career in Law Enforcement. Ryan has nearly 10 years of law enforcement experience. He previously worked for the Emeryville and Concord Police Departments.

During his career Ryan has worked as a patrol officer, a range instructor, a defensive tactics instructor, an impact weapons instructor, and an FTO. Ryan is excited to join the Antioch Police Department. He is looking forward to working and contributing his efforts to improve the community and the department.

Ryan enjoys BBQ’ing for his family and friends, working on his cars, and going on family road trips.”

The addition of Duff brings the APD 11 net additional officers and half-way to the 22 more officers promised by the city council, from the funds provided by the Measure C half-cent sales tax passed in November, 2013.

By Allen Payton

According to a January article in the Brentwood Press, Great Wolf Lodge resorts may open an indoor mega-water park in Brentwood and is undergoing a feasibility study by an independent, outside agency.

The Wisconsin-based company operates 15 parks around the nation, including one in Anaheim that just opened, and one in Canada. They featurie an indoor water park, a hotel, family entertainment centers, restaurants, retail stores and meeting rooms fit for conferences and seminars.

If Brentwood is chosen, the 50-acre, 500- to 800-room resort will likely be located near Sand Creek Road off Highway 4, according to the Press report. If it’s on the west side of Highway 4, then it would be located on Antioch’s border along the planned extension of Heidorn Ranch Road, which is to intersect with an extended Sand Creek Road between Highway 4 in Brentwood and Deer Valley Road in Antioch.

In January, the Brentwood City Council voted to spend $275,000 on an independent study on the economic viability of the resort.

For more information visit the Great Wolf Lodge website at https://www.greatwolf.com/

By Nick Goodrich

The Antioch City Council received a report from the Contra Costa County Health, Housing, and Homeless Services Division, and approved over $17,000 in funding for a new home ownership program for the city.

Presentation: Transforming the Homeless System of Care

The Homeless System of Care presentation, given by Jaime Jennet, outlined Contra Costa County’s effort to reform its homeless care system, with the biggest change coming in the form of a new focus on the “most vulnerable” among the homeless.

The County’s new system will shift its focus to vulnerability from its previous “first come first serve” system, in which many homeless residents that suffered more than others were not able to find help because of full shelters and a lack of resources.

A new warming center will also be introduced, which will provide shelter for a greater number of Antioch’s homeless during emergency settings, such as high wind and extreme cold.

The County announced that standard policies and protocols will also be introduced to tie the various homeless service providers in the East Bay to a uniform, streamlined system that can reach more homeless residents and use resources more efficiently.

With Antioch’s homeless population stable over the past several years, the changes to the county’s system are expected provide the city with an opportunity to reduce that number and get more Antioch residents off the streets.

Housing Successor Funding Program

The council also approved $17,250 in funding from the city’s Housing Successor Agency funds, as Antioch implements its plan to create a new Home Ownership program, since the state eliminated the all redevelopment agencies in California.

The new program aims to subsidize down payments for low-income potential homeowners, in the amounts of $25,000 to 50,000.

The program’s goal is to minimize risk to the city while still allowing low-income homeowners to live here in Antioch.

“We want residents to buy homes here in Antioch, set down roots here in Antioch, participate in government and schools, and to offer a productive life for every resident,” reported city staff.

The program’s cost will approach $50,000 over each of the next three years, and would include financial responsibility classes for participants, help them become credit-worthy, and generally preparing them for home ownership.

The program comes with little risk to the city and will not draw from the city’s General Fund, and as such, the city’s and potential low-income homeowners in Antioch will benefit from the new system.

Another computer stolen from a Starbucks patron during snatch and run, one suspect caught

Following are the Antioch Police Department calls for service highlights as published in City Manager Steve Duran’s Weekly Report dated March 3, 2017 and provided by Chief of Police Allan Cantando.

Calls for Service and Arrest Data:

Time Period: 02/23/17 00:00:00 – 03/01/17 23:59:59

Number of Calls for Service: 1,628

Number of Case Reports: 281

Number of Arrests: 62

Felony:  34

Misdemeanor:  28

Arrests with DUI charge:   6

The data is based upon unaudited CAD/RMS data at time of report generation.

• 3/1/17 at 12:30 pm, Antioch PD received information of a stolen vehicle traveling eastbound on Sycamore Dr. An officer was in the area and located the vehicle on W. Madill St. near G St. A high-risk traffic stop was conducted and 23 year old John Earlywine was taken into custody without incident. He was also found to have a warrant for his arrest. He was later transported to County Jail, and the stolen vehicle was returned to its owner.
• 2/28/17 at 4:18 pm, an officer was on routine patrol when he made a traffic enforcement stop for vehicle code violations. The driver, 52 year old Thomasa Roberts, was contacted and found to have an outstanding warrant for her arrest related to theft charges. Roberts was arrested without incident and later transported to County Jail.
• 2/28/17 at 7:50 am, officers responded to the 3100 block of S. Francisco Way on a report of a family disturbance. Upon the officers’ arrival, it was discovered 45 year old Luis Flores had an outstanding felony warrant for failing to register as a sex offender. In addition, Flores had a served protection order which prevented Flores from being at the residence.  The officers contacted Flores hiding inside the residence.  He was arrested without incident and later sent to County Jail.
• 2/28/17 at 5:32 am, officers were dispatched to Quail Lodge on Deer Valley Rd. for a report of a male breaking into vehicles. Prior to officers’ arrival, the male fled in a vehicle and the reporting party provided a description of the vehicle. Officers located the vehicle fleeing the area and performed an enforcement stop.  Officers contacted the driver and sole occupant of the vehicle, 40 year old Richard McKenzie.  McKenzie had stolen property in his vehicle from the victim vehicles at Quail Lodge.  McKenzie was arrested without incident for auto burglary and sent to County Jail.
• 2/27/17 at 10:02 pm, an officer contacted 54 year old Rosalind Stovall during a pedestrian contact. Dispatch advised that Stovall had a warrant for her arrest. Stovall was issued a Promise to Appear with a new court date.
• 2/27/17 at 5:40 pm, an officer contacted 46 year old Anthony Davis loitering in front of a convenience store on W. 10th St. Dispatch advised Davis had an outstanding warrant. He was placed under arrest without incident and sent to County Jail.
• 2/27/17 at 5:29 pm, an officer observed 24 year old Tyler Belleci driving on A St. He recognized Belleci from prior contacts and knew he had an outstanding warrant. A traffic enforcement stop was conducted and Belleci was contacted.  He was placed under arrest without incident and sent to County Jail.
• 2/27/17 at 2:32 pm, an officer on routine patrol in the area of L St. and Highway 4 observed a vehicle traveling southbound on L St. with 21 year old Robert Wickham in the passenger seat. The officer was familiar with Wickham and knew he had an outstanding felony warrant related to narcotics and weapons violations. The officer stopped the vehicle and arrested Wickham without incident.  He was booked at Antioch PD and later sent to County Jail.
• 2/26/17 at 7:30 pm, an officer was at 7-11 on E. 18th St. when he saw 50 year old Mark Fosselman walk into the store. He recognized Fosselman from prior police contacts and knew he had an outstanding warrant. He placed Fosselman under arrest, and he was sent to County Jail.
• 2/26/17 at 5:41 pm, an officer was driving by Quikstop on Sycamore Dr. and saw 34 year old Lawrence Wiley. The officer recognized Wiley from prior contacts and knew he had an outstanding warrant. Wiley was arrested without incident and sent to County Jail.
• 2/26/17 at 9:00 am, an officer followed up with the victim from an assault that occurred at the Somersville Town Center on Somersville Rd. on 2/21/17. It was discovered the victim had been admitted into an area hospital for a serious head injury from the assault; however, the victim had since been discharged from the hospital. The officer then contacted the 14 year old female suspect in the 4100 block of Delta Fair Blvd. and arrested her without incident.  The juvenile suspect admitted to her involvement in the fight and was later booked into Juvenile Hall for felony assault.
• 2/26/17 at 1:43 am, an officer located a vehicle that had a Felony Want associated with a weapons case out of San Francisco. The officer followed the vehicle, waiting for assist units. The driver, later identified as 46 year old Damon Page, accelerated and entered westbound Highway 4. A pursuit was initiated and stayed on Highway 4. Page later surrendered and was taken into custody without further incident when his vehicle’s engine stalled. There were no collisions or injuries during this incident. Page was booked into County Jail and San Francisco PD was notified.
• 2/26/17 at 12:20 am, 32 year old Cochise Potts was contacted in front of Romi’s on E. 18th St. He was found to have three warrants for his arrest. He was taken into custody without incident and later booked into County Jail.
• 2/25/17 at 8:37 pm, an officer attempted a vehicle stop on a Honda that was being driven by 36 year old Daniel Torres for vehicle code violations. Torres yielded, but as the officer was starting to exit his vehicle, Torres sped off. Torres drove less than a block before colliding with truck and trailer that was exiting westbound Highway 4. Torres’ vehicle became disabled, and he attempted to flee on foot but was taken into custody without further incident. Torres was found to be on Federal Probation with a probation warrant for his arrest. A search of his vehicle was done and he was found to be in possession of almost 5 ounces of methamphetamine. Torres was later booked into County Jail for narcotics charges, attempting to evade police, and his warrant.
• 2/25/17 at 5:13 pm, 18 year old Ryan Arnold and an unidentified male adult entered Starbucks on Lone Tree Way and stole a MacBook Pro from the table and ran outside. Two off-duty officers were in the area and detained Arnold at gunpoint until Antioch PD officers arrived on scene. The second suspect was able to escape in an awaiting vehicle.  Arnold was arrested for burglary and grand theft and sent to County Jail.
• 2/25/17 at 4:17 pm, officers were dispatched to California Check Cashing on Delta Fair Blvd. on a report of subjects loitering in front of the business. Officers arrive and contacted 18 year old Damarcus Murry, and two 17 year old males and advised them not to loiter in the area or risk being cited. Approximately one hour later, officers were sent back to the area because the group returned.  Murry and one of the 17 year olds became combative and were taken into custody after a brief struggle with officers.  Murry was found to be in possession of marijuana for sales and was sent to County Jail for the drug possession charges as well as resisting arrest.  The 17 year old was sent to Juvenile Hall for loitering and resisting arrest.
• 2/25/17 at 3:17 am, officers responded to a silent video alarm at Gino’s Auto Body on W. 10th St. The alarm company advised that a subject was seen tampering with vehicles in the back lot. Officers arrived on scene and quickly established a perimeter. 35 year old Ronald Phelps was contacted kneeling down near the open driver’s door of a Honda in the back lot. He had gained access to the car with a set of shaved keys and was in the process of trying to get it started. Phelps was taken into custody without incident. He was later booked into County Jail for attempted vehicle theft and possession of burglary tools.
• 2/25/17 at 2:04 am, 58 year old Arthur Martinez was contacted in the Lucky’s parking lot on E. 18th St. He was taken into custody on a warrant for his arrest. He was later booked into County Jail.
• 2/24/17 at 10:32 pm, an officer was in the parking lot of the Holiday Lodge on W. 10th St. when he saw an Audi A4 driving eastbound on W. 10th St. The officer recognized the Audi as being stolen on 2/22/17 during an armed robbery. The officer followed the Audi until cover units could arrive and a traffic enforcement stop was conducted on California Ave. in Pittsburg. 30 year old Brandon Lopez was contacted as the driver and 38 year old Susan Martin was contacted as the passenger in the Audi.  Lopez was searched and found to be in possession of about 1 gram of suspected methamphetamine.  The vehicle was searched and a loaded pistol was found in a backpack inside of the vehicle. Lopez was found to have a felony warrant.  Both were booked into the County Jail for vehicle theft, narcotics and weapons charges.
• 2/24/17 at 3:44 pm, 44 year old Ramon Gonzalez and the 35 year old victim were involved in a minor traffic collision in the Wal-Mart parking lot on Lone Tree Way. Gonzalez fled the scene and was stopped by an officer when he was pulling into the driveway of his house. Gonzalez was determined to be driving under the influence of an alcoholic beverage.  The victim identified Gonzalez as the suspect.  Gonzalez was arrested for misdemeanor hit and run and DUI and booked into County Jail.
• 2/24/17 at 12:08 am, an officer in the area of Sycamore Dr. and Peppertree Way observed 23 year old John Earlywine commit a vehicle code violation. A traffic stop was conducted on William Reed Dr. near L St. and dispatch advised the vehicle was stolen. Earlywine and a female passenger, identified as 30 year old Rachel Robinson, were taken into custody without incident. Robinson was also found to have a warrant for her arrest. Both were later transported to County Jail for vehicle theft and the warrant.
• 2/23/17 at 9:15 pm, officers were dispatched to San Jose Dr. near Buchanan Rd. for the report of a possible traffic collision. Upon their arrival, they located 49 year old Anthony Johnson in the driver’s seat of the vehicle. He appeared to be trying to start the vehicle which had moderate front end damage. Johnson was asked to step out of the vehicle and officers observed signs of Johnson being under the influence of alcohol. They asked Johnson to perform some field sobriety tests. Based on the results of the tests, Johnson was taken into custody.  While officers were on scene with Johnson, a victim of a hit and run accident called dispatch to report Johnson’s vehicle colliding into her vehicle at L St. and E. 18th St.  Johnson was later transported to County Jail for DUI and Hit and Run.
• 2/23/17 at 9:41 am, officers contacted 34 year old Edward Crandell in the field at the end of Viera Ave. and found him to have warrant for his arrest. He was taken into custody without incident and transported to County Jail.
• 2/23/17 at 7:31 am, officers were dispatched to the parking lot at Waldie Plaza for a disturbance. The caller indicated a male subject was inside a maroon Cadillac honking his horn excessively while yelling. Upon arrival, 56 year old David Peacock was located behind the wheel of his running but parked Cadillac. Peacock showed objective signs of being under the influence of alcohol. A series of field sobriety tests were given which Peacock failed. Peacock was subsequently arrested and transported to County Jail for DUI.

BART’s Warm Springs Extension will open for service on Saturday, March 25, 2017. The 5.4-mile extension connects the existing Fremont Station to the new Warm Springs/South Fremont Station.

The new station includes 2,082 parking spots, including 42 electronic car charging stations as well as intermodal connections to A/C Transit and VTA buses.

“This will be history in the making,” said BART Director Tom Blalock, who serves Fremont and has been a leader in making the extension a reality. “This will bring BART service to the residents of fast growing south Fremont. They’ll have a reliable, environmentally-responsible alternative to driving on the sometime nightmarish Nimitz Freeway.”

The Warm Springs Extension also paves the way for BART to Silicon Valley, a Santa Clara Valley Transportation Authority project that’s underway and is expected to open for service later this year.

One day before beginning service, BART will host an Opening Celebration. At 10 until noon on Friday March 24, 2017, BART will welcome neighbors, elected leaders and anyone interested in the new station. on the day of the celebration, free shuttles will run from Fremont Station to the  new station every 15-20 minutes from 8:45 am to 1 pm. 

The station is located at 45193 Warm Springs Blvd.

Click here for a video of BART’s newest extension. In addition, view the video of the tour of the tunnel beneath Lake Elizabeth as part of the extension.

Lease of Humphrey’s, sale of city owned properties also on closed session agenda

By Allen Payton

During an afternoon closed session before their regular meeting, next Tuesday, March 14, the Antioch City Council will hold an employee performance evaluation of City Manager Steve Duran and then a vote for the dismissal of a public employee. That follows a discussion on the recruitment of a new city manager. The public employee dismissal is presumed to be related to the city manager.

Regarding the agenda items, Duran said, “The Mayor put these items on the Agenda…Sean has hired outside counsel. Things could get interesting.”

When reached for comment, Wright merely said “I have no comment, at this time, as it’s a personnel matter.”

The three items on the closed session agenda pertaining to the city manager are as follows:

5) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager.  This closed session is authorized pursuant to Government Code section 54957.

6) PUBLIC EMPLOYEE APPOINTMENT: Recruitment of City Manager.  This closed session is authorized pursuant to Government Code section 54957.

7) PUBLIC EMPLOYEE DISMISSAL.  This closed session is authorized pursuant to Government Code section 54957.

View the complete council meeting agenda, here.

In a press release he sent out at 9:17 p.m. on Election Night in November, just minutes after the initial results were made public, Duran announced a tentative date for his retirement for this August 15. Those election results showed Monica Wilson and Lamar Thorpe winning election for the two council seats and Sean Wright closely trailing then-Mayor Wade Harper. (See related article, here.)

However, Duran said his announcement was unrelated to the election and that it was “not an official 45 day notice of contract termination as required under my contract.” He had planned to “set a firm retirement date and provide official notice as required” under the contract, sometime in the months following his announcement.

This follows the announcement on Wednesday by Antioch Police Chief Allan Cantando of his retirement from his position, effective the first week of April.

Should the council vote to terminate Duran’s contract, then a new city manager would hire the new police chief, instead of Duran. The council hires the city manager and city attorney, and the city manager hires each of the department heads, including the police chief.

Humphrey’s, Sale of City Owned Land

Also on the closed session agenda is the lease of the former Humphrey’s Restaurant building to Everett & Jones for another one of their barbeque restaurants.

The council will also discuss the sale or purchase, with Moses Libitzky and a partner with the last name of Orton, of the empty lot at the corner of West Second and L Streets, and an industrial property across from the Antioch Police Facility at the end of West Second Street. Those two are listed as APN’s 066110009 and 066101001.

Finally, the council will have discussions with City Ventures on 12 city-owned properties, including the old Antioch Lumber Company lot, known as the Yard. Those are listed as Assessor’s Parcel Numbers (APN) 066010020; 066055001; 066041004; 066051012; 066092001; 066107010; 066107011; 066107001; 066061010; 066051001; 066051002; and 066101001. The last one is the same parcel which the council will be discussing purchasing from Libitzky and Orton, during the same closed session under Agenda Item 1.

See the location for each of the parcels on the County Assessor’s website, below and here. 03/10/17 3:45 PM UPDATE: The parcel number listed as 066610010 on the agenda is incorrect. A portion of the number was transposed. The correct APN is 066061010 and has been updated, above and the map included, below. Questions were emailed to Duran on Saturday, March 11th asking if the remainder of the gravel lot next to that parcel is also owned by the city and one of the parcels being offered for sale. 03/12/17 7:18 AM  UPDATE: Duran responded “Yes. The administrative error on the APN will be announced on Tuesday at CC mtg (the City Council meeting).” The parcel number for that property is 066061009 and the map has been included, below.