Public test of Vote-by-Mail counting equipment

The April 5, 2022 Special Election for the California Assembly District 11 office is underway in California. The Contra Costa County Elections Division will perform the county’s official logic and accuracy testing on central ballot counting and processing equipment at 10:00 am Friday, March 25, 2022 at the Elections Office, located at 555 Escobar Street in Martinez and the public is invited to observe.

According to Helen Nolan, Assistant Registrar, “Contra Costa County purchased its ballot counting and processing equipment from Dominion Voting Systems. We originally purchased this ballot tabulation system in March 2018 and will be conducting our 11th election with the system in April using the Dominion Democracy Suite 5.10a.  Brand names used in the system include Dell, Canon, InoTec, OKI, AValue, and HP.” (See related article)

Logic and accuracy testing is a standard pre-election procedure. The test will confirm that all central count equipment is in working order and functioning properly. A set of test ballots will be run through each scanner to ensure they are properly programmed and operating as expected.

Visitors are asked to check-in at the Elections lobby.  For more information, call 925-335-7800.

 

Ogorchock doesn’t believe he only had one drink, says apology insincere; claims two women from previous job filed sexual harassment complaints against him; if Thorpe won’t resign, she will work to support his recall

Publisher’s Note: The views contained in this opinion are those of the author and do not necessarily reflect the opinions of the Herald, it’s staff or publisher.

Dear Editor:

Due to this weekend’s lack of control and poor decision making on the part of Mayor Lamar Thorpe, I feel duty bound to share my thoughts, not only concerning Lamar’s driving while intoxicated but the lack of respect he shows to the residents of Antioch.

First, our mayor has taken to using ad-hominem, bigoted and misogynistic terms to attack his constituents rather than provide a rebuttal of his position. His title for his campaign is, “Stop, the #Karen Recall of Mayor Lamar Thorpe.”

Dictionary.com defines “Karen” as “a pejorative slang term for an obnoxious, angry, entitled, and often racist middle-aged white woman who uses her privilege to get her way or police other people’s behaviors. In 2020 Karen spread as a label used to call out white women who were captured in viral videos engaging in what are widely seen as racist attacks. The mayor has chosen on two different occasions to refer to me as a “Karen”.

To call a woman today a “Karen” is to evoke an image of white privilege that in no way represents the life struggles millions of women endured to achieve equality, respect, and representation.

Second, Mayor Thorpe chose to drink and get behind the wheel of his vehicle, while intoxicated.  He not only endangered himself but others.  He stated he is sorry for his actions, well how sorry is he truly?  He wants us to believe he had only “a drink” with dinner.  We all know this is a fallacy.  So, to me his apology is far from being sincere.

Third, it has been brought to my attention that two women have filed a sexual harassment complaint against Mayor Thorpe. The complaint has been filed with the former Los Medanos Community Healthcare District, City of Antioch, and State of California. And yes, I personally verified the facts prior to sharing this repulsive information.

We need to make a change in our leadership, and we need to do it quickly.  Mr. Thorpe needs to step down as the mayor of our beautiful city.  If he so chooses not to, I will put all my energy into the success of the campaign to recall him as mayor.  Antioch citizens deserve better, do the right thing Mayor Thorpe and step down immediately!

Lori Ogorchock

Antioch City Councilwoman, District 3

By Allen D. Payton

Following the Antioch City Council finalizing their redistricting process on Friday, March 11, with a majority of members voting to adopt a politically drawn, gerrymandered map of council districts, Antioch resident and business owner Mark Jordan sent a letter to the council members demanding they rescind their decisions and send the process to the Superior Court and threatening a lawsuit if they don’t. (See related article)

Following is a copy of Jordan’s letter:

March 15, 2022

City of Antioch

Mayor and Council Members

200 H Street

Antioch, CA  94509

RE:  NOTICE OF POTENTIAL LITIGATION

Redistricting / Map Selection / City of Antioch

Mayor and Council Members,

This NOTICE will serve to inform you that as a resident and citizen of the City of Antioch I challenge the process you have conducted to select the Redistricting Map for the City of Antioch in 2022.

I challenge Maps selected by the Council commonly known as; Map A Draft and Map A Draft Modified.  I state and claim you are in violation of your Oaths of Office, the California Government Code and the California Elections Code.

DEMAND IS MADE AS FOLLOWS:

1. You AGENDA the Rescission of both selections of Map A Draft and Map A Draft Modified at the next Council meeting not later than March 22, 2022.
2. VOTE to rescind approval of both gerrymandered maps which you have selected, which exist approved by the Council in conflict with each other.
3. You MOVE to deliver the entire process of the selection of the Antioch Redistricting Map to the Superior Court of the State of California, County of Contra Costa notifying the Court that the City of Antioch is unable to complete the process of redistricting in a manner that is not gerrymandered. This DEMAND of delivery to the Superior Court is made pursuant to Elections Code Section 21609.

RATIONALE FOR DEMAND:

1. On January 25, 2022 the Council decided on two final maps (Map B and Map 91) stating to the public that one of the two would be the Final Redistricting Map.
2. On February 8, 2022 the Council rejected both Maps they had decided were the two final Maps and there was no vote to rescind the previous selection of the final maps.
3. On February 22, 2022 the Council returned Map A Draft to consideration without a motion.
4. On February 22, 2022 members of the Council including the Mayor actively modified Map A Draft in a gerrymandered manner to create Map A Draft Modified.
5. On March 8, 2022 the Council selected Map A Draft, a gerrymandered map.
6. On March 11, 2022 the Council selected Map A Draft Modified without a motion to rescind Map A Draft. Map A Draft Modified is a gerrymandered map.

You have moved off the two final maps selected January 25, 2022 without properly voting to reconsider rejected maps.  You have currently approved two conflicting Maps without rescinding a previous action; the selection of Map A Draft on March 8, 2022.

The Council has and remains in violation of Elections Code Section 21601, subsections 1 through 4 inclusive, by selections of both Map A Draft and Map A Draft Modified because neither map meets the requirements of the Elections Code and both are gerrymandered.

If you fail to take the aforementioned DEMANDED ACTIONS I will move to seek immediate judicial relief including but not limited to a stay of your decisions concerning redistricting, a revocation of any Map you have selected along with seeking any attorney’s fees and costs for your violations of the Government Code and Elections Code.  I will further request any other relief the Court may choose to award.

Your immediate attention to this MATTER and DEMAND of action is required.

Sincerely,

Mark Jordan

Cc:  City Attorney, City Clerk

Via:  USPS and email

—————-

Next Tuesday’s council meeting agenda released on Friday, March 18 does not include the action demanded by Jordan.

Dear Editor:

As one of the proponents for the recall of “best friends” who “have each other’s backs”, as they say in one of their childish TikTok videos, Antioch Mayor Lamar Thorpe and City Clerk Ellie Householder, I want registered Antioch voters to know that if they sign the recall petitions their names and information are private, remain private and those two can never know who signed the petitions.

That needs to be said because at signing events some residents have said they’re afraid to sign Lamar’s because they don’t want to be labeled a racist, as he’s attempting to do by calling it the “Karen’s recall” claiming it’s only because he’s African-American that we are attempting to recall him and it’s only racist, middle-aged white women who support the attempt, which are both blatant lies.

Many people who voted for him, including some of the lead volunteers, now want him out.  The supporters of the recall represent all demographics, including African-Americans, Latinos and Asians, and all ages of both men and women.  Our signing events are a melting pot, just like our city.

So, people have no reason to be afraid to express their opinion and take the action that’s necessary to get him out of the position that most voters didn’t want him in, as Thorpe didn’t get a majority of the vote in 2020.  He just got the plurality of votes among the five candidates running. We can’t afford to have him continue to ruin our city. The same for Householder, who has been playing games in her position protecting Thorpe by first delaying his recall and now by not publishing his campaign finance reports on the city’s website when they were supposed to be submitted at the beginning of February.

Just like your vote on either a mail-in ballot or in the voting booth at your polling place is sacred and private, so is your signature on a recall petition. Also, contributions to the campaigns to support their recalls of $99 and less are not reportable, so personal information of donors in those amounts remain private, too.

For more information of when and where to sign a petition and how to help gather the rest of the needed signatures by May 11, visit www.recalllamarthorpe.com and www.recallelliehouseholder.com.

Sincerely,

David Amezcua

Antioch, CA

Send letter to County Supervisors claiming, “Sheriff’s unwavering support for deputy who killed two people raises serious questions about his commitment to safety and accountability”

Instead of six years in prison for Andrew Hall “official Probation Department report recommended probation.”

“Contra Costa is not San Francisco or Los Angeles” – Sheriff Livingston

By Allen D. Payton

During campaign season, as both are facing re-election, an email was sent by Contra Costa County Sheriff David Livingston to his department staff on Friday, March 4, 2022, criticizing District Attorney Diana Becton and the judge for sentencing of former Deputy Andrew Hall to six years in prison for the shooting death of Laudemer Arboleda in 2018. (See related article)

In response, Becton and three other DA’s in the state who formed the Prosecutors Alliance of California are asking the County Supervisors “to increase external oversight of departmental misconduct” and for an audit of the sheriff’s department’s disciplinary practices. Formed in 2020, the Alliance is made up of four members, including the DA’s of San Francisco and L.A. Counties who are both currently facing possible recalls, and funded by Tides Advocacy, a social justice and welfare organization.

Sheriff Livingston’s email:

“Today is a sad day for the Sheriff’s Office, the community we serve, and law enforcement in general.  This morning superior court judge Terri Mockler sentenced Andrew Hall to six years in state prison. This is an unusually long sentence by any measure especially since the official Probation Department report recommended probation.  Since this is a felony conviction, California law requires that he no longer serve as a peace officer.  We are compelled to give him a reluctant farewell.

During his years of service, he served with honor and distinction.  He handled thousands of calls for service, as many of you have, and was well received by the citizens of our county.   After an extensive internal investigation, he was found to be within departmental policy when he was forced to use deadly force to protect himself and others on that fateful day.  I was proud to support him publicly and privately after the events of November 3, 2018, and I support him today.

For our district attorney to charge a deputy sheriff, or any peace officer, for a crime based on a split-second tactical decision is abhorrent.  It is even more abhorrent for that same district attorney to later repost photos on her reelection campaign social media that show her smiling and proclaiming that she “charged the officer.”

Despite these odd times, please remember I appreciate the work all of you do; I respect your sacrifice and commitment to the community we serve, and most importantly, I have your back.  I may not be able to impact the decisions of other elected officials, or the courts, but I definitely can impact what happens in our organization.  Do your job with honor, follow department policies, and obey the law.  If you do that, I will proudly stand with you – regardless of your job assignment, your rank, or your duties.  Never forget that and never doubt that.

I’m proud to be your Sheriff, and I thank you all.

David Livingston

Sheriff-Coroner”

Prosecutors Alliance Chides Livingston, Asks Supervisors for Oversight, Audit

On Monday, March 14, in a letter to the Contra Costa County Board of Supervisors, the Prosecutors Alliance of California asked for an audit of the disciplinary practices in Sheriff Livingston’s department and to increase external oversight of departmental misconduct. Recent remarks made by Sheriff David Livingston suggest he believes his deputies are above the law, raising serious concerns over the legitimacy of an Internal Affairs investigation into former Deputy Andrew Hall and how the Sheriff is disciplining officers who abuse their authority.

“Sheriff Livingston’s comments are abhorrent and indicate his belief that deputies who kill are above the law,” said Cristine Soto DeBerry, Founder and Executive Director of the Prosecutors Alliance of California. “Police have wide latitude to use force, but when they unnecessarily kill they must be held accountable just like anyone else in our community.  When we do not hold police accountable, people do not trust the legal system to protect them. That makes the job of policing more difficult and dangerous, and it makes it far less likely that crimes will be reported. That, in turn, poses a threat to everyone’s safety.

“District Attorney Diana Becton’s willingness to hold law enforcement accountable is the only check on an agency whose leader would otherwise grant his deputies unbridled power to kill with impunity. Sheriff Livingston took an oath to seek equal justice under the law and his remarks are an affront to that sworn commitment. These are not the words of a law enforcement leader, they’re the words of a man that believes accountability does not extend to police.”

Last week, a judge sentenced Deputy Andrew Hall to state prison after a jury convicted him for the 2018 shooting and killing of Laudemer Arboleda, an unarmed man having a mental health episode. This was not Hall’s only killing – he shot and killed Tyrell Wilson in 2021. Contra Costa County has paid $9.4 million to settle claims regarding former Sheriff’s deputy Andrew Hall. The County agreed to a $4.9 million settlement with Arboleda’s family last October in addition to a $4.5 million settlement with Tryell Wilson’s family.

In response to the verdict, Sheriff Livinston sent a department wide letter saying former Sheriff’s Deputy Andrew Hall served with “honor and distinction,” that Hall “was forced to use deadly force to protect himself that day,” and noted that an internal affairs investigation had cleared Hall. Livingston called DA Becton’s decision to charge former Deputy Hall “abhorrent,” and told his deputies, “I have your back.”

In an email to the Board of Supervisors today, Cristine DeBerry sounded the alarm, noting that, “the fact that [Internal Affairs] cleared former Deputy Hall is concerning.  If Department policy allows Sheriff’s Deputies to use force in contravention of the law, that would set up a situation wherein Deputies are being trained to use force in a manner that conflicts with criminal law. That presents serious issues for law enforcement officers, public safety, and county liability.  Alternatively, if the Sheriff is clearing deputies in cases where their use of force was criminal, that too raises serious questions about the Sheriff’s commitment to public safety and accountability.”

The Board of Supervisors can help restore trust by increasing oversight over the Sheriff’s Department, and by auditing the department’s disciplinary policies. These are critical steps to help the public understand the scope of law enforcement misconduct and to develop policies to increase accountability.

“DA Becton courageously charged Officer Hall with the death of Mr. Arboleda, a jury convicted him, and a judge sentenced him to prison,” said Cristine DeBerry. “Sheriff Livingston should accept the jury’s verdict and look at ways to reduce the use of unnecessary force by his deputies rather than question the prosecutor’s decision to bring charges and defiantly proclaim to ‘have the back’ of officers where a jury has determined the force to be criminal.”

A question was sent Thursday evening to the Alliance’s media contact asking if they had received any response, yet from the Board of Supervisors.

Livingston Responds to Alliance Letter

“The so-called ‘Prosecutors Alliance’ committee is made up of only four of the 58 DAs in the state,” Livingston responded. “Contra Costa is not San Francisco or Los Angeles where two of their far-leftwing founding members serve. Instead of playing politics here, they should do their job and prosecute offenders and start caring about crime victims for once.”

Both Livingston is facing one opponent in the June Primary Election, while Becton is facing two. If no candidate receives a majority of the vote, then the top two candidates will face off in the November General Election.

Please check back for any updates to this report.

Moves Ogorchock into District 4 who announces run against Wilson in November

Torres-Walker chastises public speakers claiming using term “ignorance” and calling council “circus” is racist against Black members and is referring to them as “monkeys”

Thorpe gavels down Ogorchock at end of meeting, preventing her from speaking and calling for evaluation of interim city manager

By Allen D. Payton

During a contentious, special meeting of the Antioch City Council late Friday afternoon, on another 3-2 split vote the final redistricting map was approved, again. This time the council majority approved Draft Map A – Modified, which was politically drawn with direct input from both Mayor Lamar Thorpe and District 1 Councilwoman Tamisha Torres-Walker and is more gerrymandered than Draft Map A, which the three approved on Tuesday night – believing they had approved the modified map. The final map moves District 3 Councilwoman Lori Ogorchock into District 4, which is currently represented by Councilwoman Monica Wilson. Ogorchock threatened to run against Wilson whose seat is up for re-election in November. (See meeting video and related articles here and here)

All seven members of the public who spoke during the meeting, which began at 5:15 p.m., were in favor of either Map 91, previously rejected by a majority of council members, and Map 521, both drawn by members of the public, because they said those maps comply with the requirements in the FAIR MAPS Act, while Draft Map A – Modified does not. That’s because the final map divides three neighborhoods in violation of the act, including Mira Vista Hills, split between Districts 2 and 4, and the neighborhood between Lone Tree Way and Hillcrest Avenue south of Highway 4 and north of `Davison Drive which uses Garrow Drive as the boundary line between Districts 2 and 3, as Thorpe directed the consultants of Q2 to draw during the Feb. 22 council meeting. In addition, the neighborhood near Country Hills Drive, just east of Deer Valley Road, is divided using Asilomar and Montara Drives, as the consultants were directed to draw by Torres-Walker during that same meeting.

During Council Discussion Ogorchock Questions Torres-Walker, Announces Run for Election in District 4 in November

After Thorpe directed the consultants to make more modifications to Draft Map A – Modified, Mayor Pro Tem Mike Barbanica made a motion to adopt Map 521. That only gained Ogorchock’s support, and it failed on a 2-3 vote.

Torres-Walker then made a motion to adopt Draft Map A – Modified and Wilson seconded it.

During council discussion, Ogorchock said, “lines are just being moved to accommodate percentages, that’s it. We’re not looking at communities of interest. We’re not looking at any of the items in the FAIR MAPS Act.”

She pointed out that three maps created by members of the public, 91, 516 and 521 comply with the act.

“You are the public, we should be listening to you,” Ogorchock said to the audience.

“Is there a reason you went up Montara and you had a hard time saying Montara? Why did you go up Montara and Asilomar down to Deer Valley off of Country Hills? Why?” she asked Torres-Walker, referring to her making changes to Draft Map A the Feb. 22 meeting, in which Torres-Walker asked the consultants about Montara Drive and specifically had the consultant move the boundary line between Districts 3 and 4 further north to Asilomar Drive from Country Hills Drive as it was in Draft Map A which includes the street where Ogorchock lives.

Torres-Walker replied simply, “I just moved the lines.”

Ogorchock shot back, “why? Did you know I lived there?” to which Thorpe hit the gavel interrupting Ogorchock.

Torres-Walker replied, “I have no idea where you live.”

Ogorchock continued by saying, “residents have participated and are being ignored. Residents created the maps. They know our communities. They know where the lines should be drawn. They do. We should be listening to them.”

She then read from the requirements in state law and pointing out how Draft Map A – Modified violates the requirements to create “a district in which one may travel from any one location to another without crossing a district boundary…Asilomar, Montara, Silverado. There’s a bunch. We’re not following that one.”

“Criterion 7,” Ogorchock continued. “The council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party. Communities of interest may not include relationships with political parties, incumbents or political candidates. We’re failing on this one. Favoring and discriminating is happening on this map.”

“Criterion 6, assume to guard against all types of gerrymandering,” she stated. “This is what’s happening. We’re failing on that one. We’re gerrymandering. I’m not.”

“Criterion 5, lines need to make geographical sense,” Ogorchock pointed out. “Those lines on that map make no sense whatsoever. They’re not easy to follow. You don’t know where the streets are. If a resident drives down the street they should know I’m in District 4, I’m in District 3, I’m in District 1, I’m in District 2. They can’t tell. District lines should be straight forward.”

“When people came forward, they talked about communities of interest,” she shared. “We’ve ignored them. We’ve ignored everything.”

“If you look at Garrow Drive…same neighborhood, same socio-economic individuals in that neighborhood. You’re dividing them,” Ogorchock continued. “Silverado, Foothills. They’re from 1970’s. You have, still original homeowners up there. You’re dividing them.”

“Country Hills,” the District 3 councilwoman continued. “You’re dividing Ponderosa at Jack London (Elementary) School. I live there. You have created a map to go up Montara, specifically said Montara, to go up Montara to Asilomar to Deer Valley to put me in District 4. If that happens, I’m announcing, tonight I will be running for District 4.”

“You are breaking everything in this packet, and you are opening us up for a lawsuit,” Ogorchock concluded

Torres-Walker Chastises Public, Claims Using Terms “Ignorance” and “Circus” Against Black Officials is Racist

During public comments members of the audience criticized the council with one, Sandy Hartrick saying, “the city council should not be drawing maps. It brings into question the gerrymandering or just plain ignorance of the city council.” Another speaker, Karen Abfalter, said, “this meeting should not be happening at this hour at 5:15…this has literally become a three-ring circus. Shame on you,” to applause from the audience. That didn’t sit well with Torres-Walker who, during council discussion on the motion to adopt the final map, chastised the residents in the audience, making the claim that using the terms “ignorance” and “circus” about elected officials who are Black is racist, the latter term because it’s referring to them as monkeys. (See video)

“What I do want to say is what I have heard is references to ignorance or being ignorant and I’m just going to have to assume that this reference around ignorance is being pushed towards those on the council who just so happen to be Black,” Torres-Walker said.

Those in the audience reacted by saying “oh” and “no” and with laughter which resulted in Thorpe pounding his gavel multiple times, attempting to stop the councilwoman from continuing her rant, but she continued talking over the mayor.

“I also want to say, that what I also heard, what I also heard to myself that was absolutely ignorant was a reference to a circus,” stated Torres-Walker while raising her voice over Thorpe’s gaveling and saying, “Councilmember Torres-Walker, hold on, let me finish. Councilmember Torres-Walker.”

“And when you are talking to people of color and Black people in particular you do not reference a circus because we are not monkeys and we are not clowns,” she said as Thorpe continued to pound his gavel and call her name to get her to stop talking, which she did, briefly.

But Torres-Walker then said, “you can say I’m a monkey all you want but that just references your ignorance” as Thorpe again pounded his gavel, calling her name and saying, “excuse me”. She finally stopped speaking.

Thorpe then told the audience to not interrupt when people are speaking and offered apologies to Torres-Walker.

“I’m just tired of the racial references and the constant attacks on my leadership and the leadership of people of color on this council,” Torres-Walker then said in a calmer voice and went on to speak about the process.

Wilson, who was not present but attended the meeting online, thanked Torres-Walker for her comments.

Thorpe Gavels Down Ogorchock, Prevents Her from Speaking After Vote

He tried to limit Ogorchock to just three minutes saying what was on the agenda was public comments and that she could have three minutes just like any member of the public. Ogorchock refused the time limit and while trying to speak, calling for an evaluation of Interim City Manager Con Johnson, Thorpe gaveled her down and telling her, “you are out of order”.

“You can beat the crap out of it. I don’t care,” Ogorchock said to Thorpe. She then appealed to City Attorney Thomas Lloyd Smith asking, “are you going to say something? I’m part of this council and I can say what I want and I don’t have a time.”

“Let me make this clear,” Thorpe then stated. “The agenda says ‘public comments’. If you want to make public comments, that’s fine. You get three minutes like…the rest of the public. Any member of the public may comment only on unagendized items. So, you can say whatever you want for three minutes.”
“I’m a councilmember. So, therefore I’m afforded more time,” Ogorchock responded.

“I’m trying.” she tried to continue while raising her forefinger, but Thorpe cut her off saying, “excuse me. Don’t point your finger at me. Keep it down, relax.”

“I just did. I did. It goes up. No,” Ogorchock shot back. “My comments are to…”

Thorpe interrupted her, again saying, “motion to adjourn.”

“The interim city manager to have an evaluation,” she finished saying.

“Motion to adjourn,” the mayor repeated.

“Can we allot the Councilwoman Ogorchock hree minutes as a…?” Smith asked. But Thorpe interrupted him.

Torres-Walker then said, “motion to adjourn” as Thorpe said, “I did give her three minutes. She didn’t want it.”

“Motion to adjourn,” Torres-Walker repeated. “Is there a second?” Thorpe asked, to which Wilson offered a second.

It passed on a 3-2 vote with Ogorchock and Barbanica voting no. Thorpe then hit the gavel to end the meeting. (See video on the Antioch Herald Facebook page or on the complete video of the meeting on the city’s website)

Barbanica Calls Final Redistricting Map Disservice to Community

“What you just witnessed was a disservice to this community,” said Mayor Pro Tem Mike Barbanica following the meeting. “A majority of the council voted on a 3-2 to divide three long-standing neighborhoods in our community.”

Public Speakers Respond to Torres-Walker Deny Racial Intent in Using Terms “Ignorance” and “Circus”

When asked about her use of the term “ignorance” and if she meant something racial by it, Hartrick said, “not at all. I’m just appalled that she’s taking regular English language and twisting it for her purpose. I felt bad that she got so upset by words that had no intention of implying any racial connotation.”

When asked if she meant anything racial by using the phrase “three-ring circus”, Abfalter said, “Seriously? It’s an idiom. I had to laugh. I showed my husband a video of the meeting. He said, ‘you’re right. It’s a three-ring circus.’”

“I’ve lived in this city for 35 years and this is what we get?” she asked. “I’m so disappointed. It’s so unprofessional. They’re supposed to be representing ‘we the people’. This is our city, too. Not those five. They’re supposed to represent their constituents. They’re making things miserable.”

Antioch remains in District 2

On March 10, 2022, the BART Board of Directors voted to approve a final redistricting map for the nine districts which will affect elections for the next 10 years. View the presentation for the 3/10/22 board meeting

According to the Map Plan E2 Description, “This plan presents districts with varying levels of similarity to the current BART districts. The greatest change is in District 7 with only 27.9% of its current population remaining in District 7. The next district to show major changes is District 3 with 31.3% of its current population remaining in the proposed Plan E2, District 3.

District 4 maintains 48.8% of its current population. District 1 maintains greater than 75% of its current population. Districts 5, 8, and 9 maintain greater than 81% of their current populations. The districts most similar to the current boundaries are District 2 with 91.4% of its current population and District 6 with 95.6% of its current population.”

Most of Contra Costa County is now in Districts 1, 2 and 3, with portions of San Ramon in District 5.

District 2

District 2 is in Contra Costa County and includes the City of Pittsburg, City of Antioch, City of Brentwood, City of Oakley, the Northeastern part of the City of Concord including the former Naval Weapons Station, and the Northern part of the City of Martinez including the unincorporated neighborhoods of Mountain View and Vine Hill.

BART Stations included in District 2: Concord (shared with District 1), North Concord / Martinez, Pittsburg / Bay Point, eBART Transfer, Pittsburg Center and Antioch.

District 1

District 1 is in Contra Costa County and includes the Southern portion of the City of Martinez, City of Pleasant Hill, City of Walnut Creek, Town of Danville, the Northern part of the City of San Ramon, City of Lafayette, the Southern part of the City of Concord, including Cowell, Four Corners, and Meinert, City of Moraga, City of Orinda, and City of Clayton.

BART Stations included in District 1: Orinda, Lafayette, Walnut Creek, Pleasant Hill/Contra Costa Centre and Concord (shared with District 2)

District 3

District 3 is in both Contra Costa and Alameda Counties and includes the City of Hercules, City of Pinole, City of San Pablo, City of Richmond, City of El Cerrito, City of Albany, the majority of the City of Berkeley including the University of California Berkeley and excepting a few neighborhoods to the South of Ashby Avenue, and unincorporated parts of Contra Costa County including North Richmond, El Sobrante, Rodeo and Crockett.

BART Stations included in District 3: Richmond, El Cerrito del Norte, El Cerrito Plaza, North Berkeley, Downtown Berkeley and Ashby (shared with District 7)

District 5

District 5 is in Alameda and Contra Costa Counties and includes a portion of the City of Hayward ranging from the Castro Valley BART station in the North to the Hayward station in the South. Major places and landmarks in this area include the Bishop Ranch Regional Open Space, Lake Chabot Regional Park, Knowland Park, Fairview, Sunol Regional Wilderness, and San Antonio Reservoir. District 5 also includes the City of Pleasanton expect for a portion near Kilkare Woods, City of Livermore, City of Dublin, the Southeastern part of San Ramon, and rural areas of east Alameda County.

BART Stations included in District 5: Hayward (shared with District 4), Castro Valley, West Dublin / Pleasanton and Dublin / Pleasanton

The new districts will be in effect for the November elections which include Districts 2, currently represented by Director Mark Foley, 4, 6 and 8. Districts 1, 3, 5, 7 and 9 will be up for election in 2024.

Allen D. Payton contributed to this report.

Council majority voted for Draft Map A Tuesday night, expected to switch to Draft Map A – Modified which moves Councilwoman Ogorchock from District 3 to 4; legal challenge expected

By Allen D. Payton

Antioch Mayor Lamar Thorpe has called a special meeting for Friday, March 11 at 5:15 PM on redistricting to choose a final redistricting map, in spite of the fact the council already adopted one on a 3-2 vote Tuesday night. While there was confusion as to which map was adopted, that was cleared up by the video of the meeting which shows District 1 Councilwoman Tamisha Torres-Walker say, “I’d like to make a motion that the council adopt Map A, Draft Map A” which was followed by District 4 Councilwoman Monica Wilson seconding the motion. (See related article)

They were joined by Thorpe in voting for Draft Map A, with Mayor Pro Tem Mike Barbanica, who supported Map 521 and District 3 Councilwoman Lori Ogorchock who was still in support of Map 91, voting no. Map 91 had previously been rejected by a majority of council members and Draft Map A – Modified and Map 521 were moved forward to Tuesday night’s meeting from the Feb. 22 meeting. However, in addition to those maps, all the other maps drawn by the consultants of Q2 Data & Research and members of the public were included in the council’s agenda packet. Redistricting ACC030822  (See all the maps on the Council’s Redistricting webpage)

As previously reported, Barbanica said on Wednesday that he will be unable to attend Friday’s meeting due to “a previous engagement”.

Draft Map A – Modified Moves Ogorchock from District 3 to 4

The council majority is expected to switch from Draft Map A adopted on Tuesday night to Draft Map A – Modified which splits the Mira Vista Hills neighborhood and moves the boundary between Districts 2 and 4 from Lone Tree Way to Garrow Drive, dividing that neighborhood, the modification which the consultants of Q2 were directed to do by Thorpe. For the neighborhood near Country Hills Drive, the modification to that part of the map was directed to be done by Torres-Walker. That moves District 3 Councilwoman Lori Ogorchock into District 4 and would allow her to run against Wilson who is up for re-election in November.

Likewise, Map 91 would have moved Wilson from District 4 into District 3 by moving the boundary line in the current district map and in both Maps A from the Mokelumne Trail to Lone Tree Way. It would have prevented Wilson from running for re-election in November unless she moved. At one point during the process, Maps 91 and B were the two finalists chosen by the council, with 91 supported by the majority of those who offered public comments, but were both later rejected.

Members of the public spoke against Draft Map A – Modified during Tuesday’s meeting because they said it divides neighborhoods in violation of the state’s Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR MAPS) Act which was passed by the legislature in 2019. It has a maximum population deviation of 7.71% between Districts 3 and 4. Map 521 doesn’t divide any neighborhoods and complies with the act, using major roadways as boundary lines to divide the districts. It has a total deviation of 2.15% between Districts 1 and 3.

State, Federal Law Requirements New Map Must Follow

According to the city staff report on the matter for the council’s meeting on Tuesday, March 8, 2022, “The districts must…comply with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Be geographically contiguous
3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)
4. Display easily identifiable boundaries
5. Be compact (do not bypass one group of people to get to a more distant group of people)
6. Shall not favor or discriminate against a political party.”

Further, the staff report reads, “The Final Redistricting Map will comply with the federal requirements of equal population and the Voting Rights Act, and the California FAIR MAPS Act, in the following manner:

(1) The districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and minimal intrusions from the area of one district into another;

(2) To the extent practicable, the Final Redistricting Map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitute communities of interest in the public eye.

(3) The districts are easily identifiable and understandable by residents. The districts in the Final Redistricting Map form a relatively simple pattern.

(4) To the extent practicable, the districts are geographically compact. Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.

(5) The districts are balanced in terms of total population and voting age population. The districts are well within the one-person/one-vote deviations permitted under federal and state voting rights laws.

(6) The districts conform to concentration of minority voters. The Final Redistricting Map creates one majority/minority Black voting district.”

Legal Challenge Expected

If the city council adopts Draft Map A – Modified a legal challenge by residents is expected, as occurred in Martinez, which lead to the formation of their independent citizens redistricting commission. As previously reported, in that city’s process, the commission chooses the map, and the council members have no say.

Viewing and Public Comments

City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream at City Council Meeting LIVE – City of Antioch, California (antiochca.gov).

The public has the opportunity to address the City Council on each agenda item. No one may speak more than once on an agenda item or during “Public Comments”.

Members of the public wishing to provide public comments, may do so in one of the following ways (#2 pertains to the Zoom Webinar Platform):

1. IN PERSON Fill out a Speaker Request Form, available near the entrance doors, and place in the Speaker Card Tray near the City Clerk before the City Council Meeting begins.
2. VIRTUAL To provide oral public comments during the meeting, please click the following link to register in advance to access the meeting via Zoom Webinar: https://www.antiochca.gov/speakers

You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting.

When the Mayor announces public comments, click the “raise hand” feature in Zoom. For instructions on using the “raise hand” feature in Zoom, visit: https://www.antiochca.gov/raise_hand. When calling into the meeting using the Zoom Webinar telephone number, press *9 on your telephone keypad to raise

your hand. Please ensure your Zoom client is updated so staff can enable your microphone when it is your turn to speak.

Speakers will be notified shortly before they are called to speak. When you are called to speak, please limit your comments to the time allotted (350 words, up to 3 minutes, at the discretion of the Mayor).

The City cannot guarantee that its network and/or the site will be uninterrupted.

3. WRITTEN PUBLIC COMMENT If you wish to provide a written public comment, you may do so in one of the following ways by 3:00 p.m. the day of the City Council Meeting:

(1) Fill out an online speaker card, located at https://www.antiochca.gov/speaker_card,

Or (2) Email the City Clerk’s Department at cityclerk@ci.antioch.ca.us.

Please note: Written public comments received by 3:00 p.m. the day of the City Council Meeting will be shared with the City Council before the meeting, entered into the public record, retained on file by the City Clerk s Office, and available to the public upon request. Written public comments will not be read during the City Council Meeting.