Three each vie for mayor, treasurer, council District 3, two each for council District 2, Trustee Areas 3 and 4, only one each for clerk, Trustee Area 1
By Allen D. Payton
With filing closing for some races last Friday and the rest yesterday, Wednesday, Aug. 14, 2024, the list of candidates for Antioch mayor, city treasurer, clerk and council, and school board has been finalized. There are three candidates each for mayor, city treasurer and council District 3, two for District 2, and only one for city clerk. In the races for school board there are two candidates each in Areas 3 and 4, including the incumbent, and no one running in Area 1 against incumbent and current school board president, Antonio Hernandez.
In the race for mayor, second-time candidate Rakesh Christian, who is listed as a Community Volunteer and placed fifth out of five in the 2020 race, was the first to file, on July 23rd, to run against incumbent, Lamar Hernández-Thorpe, who is running for a second term and listed simply as Mayor. He was the last to file on Friday, after challenger and former city manager Ron Bernal, listed as a Business Consultant and is a first-time candidate, filed the day before. (See related articles here, here, here and here)
City Treasurer
In the race for city treasurer, former Mayor, Councilman and appointed City Treasurer, Jim Davis, whose ballot designation is listed as Educator and Instructor Trainer and lost his election in 2022 to incumbent Lauren Posada by just 15 votes, will take on current District 3 Councilwoman Lori Ogorchock who is a real estate agent and listed as a Small Businessperson and can’t run for re-election (See Council District 3 below). They both face newcomer Jorge R. Rojas, Jr., listed as a Chief Financial Officer. But no company showing him in that position could be found through an internet search. An effort to reach him was unsuccessful prior to publication time. (See related articles here, here, here, here and here)
City Clerk
The only candidate to file for city clerk to replace incumbent Ellie Householder who chose to not run for re-election, is
Melissa Rhodes who is listed as a Deputy City Clerk. According to Transparent California, she held that position in Martinez in 2018, 2019 and 2020 and in San Pablo in 2020 and 2021. She faces no opponent unless someone enters the race and runs as a write-in candidate.
Council District 2
Although four people pulled papers to run for the District 2 City Council seat, only two filed. Retired Antioch High School Principal Louie Rocha will face Dominique King, who is listed as a Businesswoman, Educator and Consultant, and ran unsuccessfully against Rocha’s mother Mary, for the Antioch School Board in Trustee Area 5 in 2022. Jose Aceves-Guzman pulled papers on July 15th and Haque N. Khan pulled papers on Tuesday, but neither filed them. (See related articles here, here, here, here and here)
Council District 3
Three candidates will face off for the open District 3 Council seat left vacant due to Ogorchock being gerrymandered into District 4 by the council majority during the redistricting process in 2022. Former Mayor, Councilman and Contra Costa Water Board Director Donald “Don” Freitas, listed as a Community Volunteer, will face second-time candidate Antwon Ramon Webster, listed as Chief of Logistics. He works for the U.S. Army Corps of Engineers. They will both face newcomer and first-time candidate, Addison Peterson, who is listed as a California Policy Manager.
As mentioned, incumbent Antonio Hernandez will face no opposition in the race for Area 1 Trustee, as he seeks his second term on the Antioch School Board. That is unless someone files to run as a write-in candidate. (See related article)
Trustee Area 3
With incumbent Trustee Dr. Clyde Lewis not seeking re-election, two candidates filed for run for the Area 3 seat on the board. They are Dee Brown, listed as an Educational Program Director, and Scott Bergerhouse, listed as a Retired School Administrator. He is the former co-principal for Deer Valley High School, former principal for Dozier-Libbey Medical High School, as well as administrator for other schools in the district, and former Director of Student Support Services for the Antioch Unified School District. (See related articles here and here)
Trustee Area 4
In the race for Area 4 Trustee, incumbent Gary Hack, listed simply as Incumbent, is running for his fourth term on the board, having been elected in 2010, then lost in 2014, elected again in 2016 and re-elected in 2020. He will face challenger Olga Cobos-Smith, listed as a Pediatric Nurse and Entrepreneur. (See related articles here and here)
Write-In Candidates
According to the Contra Costa County General Election Candidate Guide for November 5, 2024, Any person interested in filing as a write-in candidate may file for office between September 9 and October 22, 2024. Any person who desires to be a write-in candidate and have any votes cast for them reported shall file a Statement of Write-In Candidacy. Forms are available at the Elections Office between the following dates: Write-In Filing Period: September 9 – October 22, 2024. They must file the same forms required of other candidates who have filed during the regular filing period.
Cities, East Bay Regional Park District, East Bay Municipal Utility District, Alameda-Contra Costa Transit District, and San Francisco Bay Area Rapid Transit District require nomination signatures to be collected for a valid write-in candidacy. Signers of nomination papers for write-in candidates shall be voters in the political subdivision in which the candidate is to be voted on.
For more details see page 13 of the Guide.
Read more details later on each of the candidates in the various contested races in future articles. The election is November 5th.
Please check back later for any updates to this report.
High-density, high-rise housing construction would have been funded by the bond measure. Photo: BAHFA
Removed from all nine Bay Area counties after Contra Costa attorney opposed to measure filed lawsuit claiming ballot language was slanted, forced BAHFA to correct more than $240 million error
20 Billion Reasons opposition campaign responds
By Allen D. Payton
Bay Area Housing Finance Authority (BAHFA) Chair Alfredo Pedroza and Belia Ramos, president of the Association of Bay Area Governments (ABAG)’s Executive Board today, Wednesday, August 14, 2024, issued a joint statement following BAHFA’s decision this morning to remove a $20 billion general obligation bond measure for the production and preservation of affordable housing from the November 5 general election ballot in all nine Bay Area counties:
“The BAHFA Board’s decision to withdraw the affordable housing bond measure from this November’s ballot is not one that was taken lightly. The Bay Area’s housing affordability crisis has been decades in the making and is far too big for any one city or county to solve on its own. This is the reason the state Legislature established BAHFA. A robust source of funding for safe and affordable housing across our diverse, nine-county region is essential to the Bay Area’s economic and environmental health and to its residents’ quality of life.
The decision followed the action of a group of Bay Area residents, known as Opportunity Now, who opposed the $20 billion regional housing bond measure and filed a court challenge on Thursday, Aug. 8, 2024, to Regional Measure 4’s (RM4) 75-word ballot question claiming it was slanted.
Source: Opportunity Now
Following is the press release from the group announcing the lawsuit, entitled “BAHFA blunders on ballot language for Bay Area tax measure” and “Gets busted for wildly lowballing cost to taxpayers”:
“Talk about misinformation. The discredited Bay Area Housing Finance Authority yesterday admitted that they’d misrepresented in ballot language the annual cost to taxpayers of the mammoth bond by (hold on) more than $240 million (you read that right) per year.
“The Bay Area Housing Finance Authority (BAHFA), a recently created regional agency, placed RM4 on the November 5 ballot. The unprecedented size of the bond measure has already drawn opposition.
The 20BillionReasons.com group helped pull together ballot arguments rebutting the claims for the measure. The lawsuit asserts that the ballot question is slanted to prejudice voters to vote in favor of the measure.
BAHFA conducted multiple polls to test various phrases in relation to the measure and picked the most popular ones. The lawsuit asserts that the ballot question contains a series of phrases that are not found in the language of the measure. The legal standard is that the ballot question must be an accurate synopsis.
Opponents’ Attorney Jason Bezis sent BAHFA a letter last Friday demanding a series of nine language changes to remove prejudicial language. Opponents assert that the true annual cost of the measure is nearly 36% higher than the amount shown in the ballot question.
The very name of the measure is deceptive: Bay Area Affordable Plan. This measure’s taxes will make the Bay Area even less affordable. In response, BAHFA held a special meeting of its Executive Committee this morning.
The lawsuit has already had success: The Committee adopted General Counsel Kathleen Kane’s recommendation “to correct the Ballot Question for Regional Measure 4 by deleting ‘$670,000,000’ from the Ballot Question and replacing it with ‘$910,976,423’.” No other changes to the ballot question were adopted today.
General Counsel Kane described this as a “mathematical error”. Plaintiff Marc Joffe retorted: “How can the public trust an agency that can’t do basic arithmetic with nearly $50 billion of its taxes? Ridiculous.”
“By law, Regional Measure 4 is coordinated by the Santa Clara County Registrar of Voters, so the Santa Clara County Superior Court is where this challenge was filed. The final language of the RM4 ballot question will now be determined by the court. See www.NoOnRM4.com for further information.”
“This public body, MTC in the form BAHFA, they finally acknowledged the public is not willing to support more taxes. It’s completely new to them. They’ve never recognized it before. They exist in this world in which the public is there to give them all the resources they want to monkey around with,” said David Schonbrunn, paralegal for the lawsuit said after the measure was removed from the ballot. “The worst part is MTC, when it comes to their transportation decision making, they have a dismal record on outcomes. Their outcomes are horrible. What I see them doing is it’s all about political deal making and it’s not about delivering solutions to the public.”
The BAHFA statement continued, “The BAHFA Board has always understood that it would be a steep climb to establish this source of funding. Recent developments have led the Board to conclude that the wise choice is to look ahead to another election season for a regional housing measure when there is more certainty and the voters have weighed in affirmatively on Proposition 5.
“In the meantime, BAHFA will continue to work on increasing the production of housing at all income levels, to preserve existing affordable housing, and to protect current residents from displacement. This includes maintaining, refining and expanding pilot programs such as the online Doorway Housing portal that makes it easier for prospective tenants to find and apply for affordable housing throughout the region and easier for developers and property managers to lease up their apartments; working to move thousands of planned housing units through the predevelopment pipeline; and implementing innovative programs to preserve affordable housing and prevent homelessness.
“BAHFA’s commitment to a regional approach toward solving the Bay Area’s housing affordability problems is stronger than ever. When the climb toward passage of a regional revenue measure resumes, the Board looks forward to teaming with every one of the Bay Area’s nine counties and 101 cities; and with the hundreds of other public, private and nonprofit partners who already have invested so much energy into this effort. Their work to prepare for a November bond measure, and the relationships built along the way, have laid a strong foundation for future success. Each step brings us closer to the summit.”
BAHFA is jointly governed by the ABAG’s Executive Board and by the BAHFA Board, which is comprised of the same membership as the Metropolitan Transportation Commission (MTC). BAHFA and MTC Chair Pedroza and ABAG Executive Board President Ramos both also serve as members of the Napa County Board of Supervisors.
20 Billion Reasons Campaign Responds
In response to the withdrawal of the measure from the ballot, the opposition campaign, 20 Billion Reasons, responded with their own statement on Wednesday, August 14, 2024:
“This morning, the Bay Area Housing Finance Authority (BAHFA) voted to pull Regional Measure 4, the $20 billion dollar regional bond measure, off the November ballot. Gus Mattammal, President of the 20 Billion Reasons campaign to defeat the bond measure in November, hailed the move.
Said Mattammal, “This decision is a win for Bay Area taxpayers, and a win for affordable housing. To address housing affordability in a meaningful way, we have to address root causes, not soak taxpayers for billions of dollars to pay bonds that would waste two thirds of their tax money on interest and overhead while barely making a dent in the issue.”
The 20 Billion Reasons campaign brought together Democrats, Republicans, Libertarians, and Independents in a single campaign, a rarity in recent times, but a necessity.
“Actually, working on the root causes of the housing crisis in California – a crisis created by our legislature and the corporate interests to which they are beholden – is politically difficult. It’s much easier to simply raise taxes,” said Mattammal. “That’s why it’s so important for voters to say ‘no’ to deeply flawed proposals such as Regional Measure 4: every time we do say no, it helps create the political conditions to work on the problem in a meaningful way.”
Though Regional Measure 4 is off the ballot for November, many other expensive proposals remain on that ballot. The $20 Billion Reasons campaign team is excited to regroup and consider the best way forward to help ensure that Bay Area taxpayers are getting real solutions for the taxes they pay and that they have a real voice in what is done with their tax money.”
John Goodwin, Assistant Director of Communications, Rebecca Long, Director, Legislation & Public Affairs, Metropolitan Transportation Commission contributed to this report.
In the City where “Opportunity Lives”, give the new council members the opportunity to make the decision
By Allen D. Payton
With less than 90 days until the election on November 5th when two new Antioch City Council members will be elected and a new mayor could be elected, it’s too late for the current council to make the decision to hire the new, permanent city manager.
District 2 Councilman Mike Barbanica is running for county supervisor instead of re-election and District 3 Councilwoman Lori Ogorchock can’t run for re-election because she was gerrymandered out of her district by the council majority in 2022. Plus, Mayor Lamar Hernández-Thorpe is running for re-election while facing a formidable challenger in former city manager, Ron Bernal who could very possibly win.
Why should those three council members help choose the city manager who the three new council members would be working with for the next four years? The answer simply is, they shouldn’t. Plus, both Barbanica and Ogorchock have stated they agree the next council should make the decision. He said on Tuesday, August 13, 2024, “That has always been my stance.”
What if the new council majority doesn’t click with the new city manager? They would be forced to work with the person or terminate the contract costing the City and wasting taxpayer funds by paying the severance, which is usually 12 to 18 months of a city manager’s salary.
The one good thing, this time, is the council hired a company to conduct a nationwide search. But they waited too long to get started, after the previous city manager, Con Johnson, who was hired without a nationwide search, was promoted from acting city manager on Oct. 26th immediately before the 2022 election, placed on administrative leave on March 17, 2023, and then resigned effective July 14, 2023. Part of the challenge and delay was the council could only find one search firm to submit a bid to take on the responsibility.
The mayor and council majority could argue the point that they need to make the decision, now to comply with the six-month deadline by the county’s Civil Grand Jury from their report issued in June. But it would be the height of arrogance for the current council to make such a decision impacting the two new council members and possibly three, including a new mayor, without their input. I’m pretty sure the Grand Jury would both understand and give the new council a little more time to comply, knowing that a change in leadership and direction of the city has occurred which won’t cause more of the same concerns to the jurors.
If Hernández-Thorpe is that confident he will be re-elected, then he’ll recognize the city will be fine for a few more months operating under the day-to-day leadership of Acting City Manager and Economic Development Director Kwame Reed and limping along with an interim police chief, two other acting department heads and an acting assistant city manager, and the mayor will wait. The other two council members, Mayor Pro Tem and District 4 Councilwoman Monica Wilson and District 1 Councilwoman Tamisha Torres-Walker will still be involved in the decision even after the election. If the mayor is re-elected, he too will have a say, which can occur right after the council meeting in December when the new members are given their oaths of office.
But we’ll see what the three decide and hopefully they won’t repeat their past action when they appointed the previous city manager less than two weeks before the last council election. They must give the new council the opportunity – which the City’s slogan claims, “Lives Here” – to make the decision to hire a new city manager.
Former Mayor and City Treasurer Jim Davis takes his oath of office at the Antioch City Clerk’s Office on Friday, Aug. 8, 2024, to run for City Treasurer, again. Photo: Davis for Treasurer
It’s Jim Davis vs. Lori Ogorchock, so far
By Allen D. Payton
Former Antioch mayor and city treasurer, Jim Davis, filed to run for treasure again in the November election, challenging District 2 Councilwoman Lori Ogorchock. Incumbent Lauren Posada, who beat Davis in 2020, is not seeking re-election. As a result, the filing period is extended until next Wednesday, Aug. 14 at 5:00 p.m.
Ogorchock filed her paperwork on Thursday, according to the City Clerk’s report.
A press release announcing Davis’ campaign reads, “Having worked and served with integrity and distinction for 35 years in the private sector and 16 years in the public sector including City Treasurer for the City of Antioch, I have extensive experience and knowledge to honorably serve and fulfill the duties of the office of City Treasurer for the City of Antioch”
“Antioch needs a dedicated, transparent and independent watchdog to oversee the function of this important office,” he continued. “It’s imperative Antioch fully comprehends our serious financial strains as well as our operating budget and financial reserves including stewardship over our investment accounts and policies.”
Davis has a background in banking.
Having been gerrymandered out of her district by the council majority in 2022, Ogorchock is precluded from running for re-election to the city council. At one point she considered running for mayor but chose not to. Ogorchock’s background is as a real estate agent.
A third candidate, Jorge R. Rojas, Jr., pulled papers on Wednesday, but had not yet filed them as of Friday. An effort to reach Ogorchock for comment was unsuccessful prior to publication time.
Please check back later for any updates to this report.
Photo sources: Bernal campaign. Hernandez-Thorpe Official Faceebook page.
Challenger raised almost $128K since January launch a majority from within Antioch
Incumbent raised $59K this year mostly from outside Antioch but transferred $58K from recall opposition committee after reimbursing it $5,700 giving him $117K to spend on re-election.
Mayor’s reports show $5,200 in travel expenses this year; plus, multiple errors including incorrect dates, amounts, but corrected after Herald inquiry; fails to disclose all required information; refuses to answer most questions; state watchdog agency reviewing reports
By Allen D. Payton
In the race for Mayor of Antioch for the November election, former city manager Ron Bernal has outraised incumbent Lamar Hernández-Thorpe by more than double this year, according to the most recent campaign finance reports. Known as a 460 Recipient Committee Statement required by state law for transparency, Bernal’s report, covering Jan. 1 through June 30, 2024, show he raised $127,645.34 in cash and in-kind contributions, of which almost $111,000 was cash, while the mayor’s reports show he raised $58,794 in cash. But Hernandez-Thorpe transferred $58,221.60 from his recall opposition campaign giving him $117,015.60 to spend in support of his re-election.
As of June 30th, Bernal’s campaign had spent $39,847.37 leaving him with $87,797.97 cash remaining to spend. (See Bernal for Mayor 460 report for 01/01-06/30/24)
The Lamar Hernández-Thorpe for Antioch Mayor 2024 committee’s 460 report for the period Jan. 1 and June 30, 2024, shows $58,794 in contributions in the totals. It also includes the amount of $58,221.60 shown on the Termination Statement for his Stop the #KAREN Recall of Mayor Lamar Thorpe 2022 committee, for the period beginning Jan. 1, 2024, ending on Feb. 14, 2024, and filed the next day, that was transferred to his mayoral campaign committee. So, Hernandez-Thorpe’s total funds available during the period were $117,015.60. His re-election committee spent $17,761.29 leaving the mayor with $99,204.31 to spend. (See Hernández-Thorpe’s re-election committee 460 report)
He formed his re-election committee on Sept. 26, 2023, but didn’t begin raising funds for it until this year.
Another contrast between the two candidates’ campaign finances is that most of the funds received by Bernal were from within Antioch while most of the mayor’s funds came from outside the city.
Mayor’s Multiple Mistakes, Miscalculations, Missing Money and Information
Although he previously ran three times for the Antioch City Council, including once for mayor, and raised funds to defeat the attempted recall against him in 2022, Hernández-Thorpe and his treasurer Vicki Robinson haven’t been reporting his campaign finances properly as they show multiple mistakes in both calculations and dates, and have not provided required disclosure information. However, after questions from the Herald, his campaign submitted corrected versions of the two final reports for his Stop the #KAREN Recall Committee covering July 1 through Dec. 31, 2023, and Jan. 1 through Feb. 14, 2024, when he terminated the committee and transferred the balance to his re-election committee.
Recall Opposition Committee Reports Were Missing $4,000
The mayor’s original recall opposition committee report for July 1 through Dec. 31, 2023, showed an Ending Cash Balance of $59,936.54 (p.3). But the committee’s original 460 report for Jan. 1 through Feb. 14, 2024, the date it was terminated, shows a Beginning Cash Balance of $55,929.86 on the Summary Page (p.3) a difference of $4,006.68. He was asked where did that money go, and if he borrowed the funds, not report it and later reimburse the recall opposition committee $4,099.02 on Feb. 12, 2024, to cover it. (See Stop the #KAREN Recall Committee 460 for 01/01-06/30/23 amended prior to the Herald’s review, original 460 report for 07/01-12/31/23, and original Termination 460 Report for 01/01-02/14/24)
Instead of responding, Hernandez-Thorpe submitted Amendments to the reports on Monday, Aug. 5. (See below)
Hernández-Thorpe Reimbursed Recall Opposition Committee Almost $5,700
Hernández-Thorpe’s Stop the #KAREN Recall committee original report for July 1 through Dec. 31, 2023, has incorrect dates on the Schedule I, Miscellaneous Increases to Cash (p.8) showing the “Statement covers period from 07/01/2024 through 12/31/2024” and an amount of $1,331.09 reimbursed by the mayor on Jan. 29, 2024. While the subtotal shows $1,339.09 the correct $1,331.09 figure appears on the Summary Page (p.3).
In addition, his recall committee’s original Termination Statement 460 dated Feb. 14, 2024, on Schedule I, Miscellaneous Increases to Cash, shows he reimbursed the committee an additional $4,099.02 on Feb. 12, 2024 (p.5).
His Amended 460 for the recall opposition committee for Jan. 1 through June 30, 2023, shows another $251.02 in “Returneding [sic] funds”.
That totals $5,681.31 that Hernández-Thorpe reimbursed his recall opposition committee before terminating it and transferring the remaining funds to the re-election committee.
He was asked if those amounts were for personal expenditures on which he shouldn’t have spent committee funds. But Hernández-Thorpe did not respond.
His 460 report for Jan. 1 through June 30, 2023, for the Stop the #KAREN Recall committee shows expenditures including a contribution to his former employee, Nichole Gardner’s non-profit, Facing Homelessness in Antioch of $500, and another contribution to Team Jesus Ministries in Bay Point of $100, to which he contributed an additional $1,500 this year.
The amounts on the original 460 report for the time period of July 1 through Dec. 31, 2023, for the Stop the #KAREN Recall committee under Schedule E Payments Made are also incorrect (see pages 4-7). The total of Itemized payments (for amounts $100 or more) for the period from the four pages was actually $4,005.34, but the amount shows only $3,098.84, a difference of $906.50. The report also shows a total of $999 in payments made of less than $100 for a total of what should be $5,004.34. Yet, the Total Cash Payments on the Summary Page (p.3) show only $4,097.84. The Ending Cash Balance shows $59,956.34 but it should have been $59,049.84. But without any additional contributions, only $58,171.60 was transferred to his 2024 re-election committee, a difference of $878.24.
Combined with the correct Beginning Cash Balance of $62,221.05, the Ending Cash Balance for the recall opposition committee Termination Report should have shown as $58,547.80 of which $58,171.60 was transferred to his re-election committee leaving a balance of $376.20. But with expenditures this year by the recall opposition committee of $1,809.98 and the reimbursement of $4,099.02, that leaves a discrepancy of $2,665.24 in missing funds.
However, as mentioned, the mayor submitted an amended form earlier this week with the correct figures. (See below)
Spent $5,200 on Travel This Year
Hernández-Thorpe’s re-election committee report shows he spent almost $5,200 in the category of “candidate travel, lodging and meals” labeled as TRC. (See pages 13-18) That includes $198.10 paid to United Airlines, $131.09 to Spirit Airlines, $185 for the Delphi Hotel in Los Angeles, $1,389.08 for a stay at the Hotel Washington in D.C., $549 to the Bethesdan Hotel in Bethesda, Maryland, and another $641 was paid to the Morrison Hotel, also in Washington, D.C. and $150 and $178 for parking at SFO, two payments for $554.11 each to United Airlines and spent $651.70 at the Marriott Metro Center hotel, also in Washington D.C. for a total of $5,181.19.
The mayor was asked what those trips were for and how they benefited his re-election campaign.
The FPPC was asked if that is allowed for a local candidate running for re-election if he’s not there for campaign events benefitting his campaign, such as fundraisers, etc.
Most Questions for Hernández-Thorpe Go Unanswered
The mayor was again asked about his campaign finances specifically, why a reimbursement in January of this year was included in the report ending Dec. 31, 2023, why did he reimburse the recall opposition committee those amounts, was he informed those are considered personal expenditures that weren’t allowed to be spent using committee funds and for which previous committee expenditures did those reimbursements cover.
He was also asked where the $502.40 came from and where did the $2,665.24 in missing funds from the Stop the #KAREN Recall committee Termination Report go. But those were later answered with the amended reports.
The mayor was also asked how the trips he took were connected to his re-election campaign and was he holding fundraisers or meeting with major contributors in D.C. and L.A., and to provide the dates he traveled to both cities and the events he held and/or attended.
He was also asked why he didn’t, instead hire a business in Antioch to handle his website design in order to shop local, what the payment of $259.66 to the Best Western in Oakley was for and when, and what the payment of $698.00 to the AUSD Transportation Division, listed as a civic donation, was for and when.
Finally, regarding his committee paying $621.95 to Holy Rosary Catholic School he was asked what it was for and when, and if his daughter attends there. That’s the only question that was directly answered, and it’s allowed if the childcare occurred while the mayor was campaigning.
Hernández-Thorpe’s Campaign Consultant Responds
Instead of responding directly, Hernández-Thorpe had his campaign spokesperson, former City of Antioch Public Information Officer, Rolando Bonilla respond. He wrote incorrectly, “Thank you for reaching out. As the mayor mentioned, you’re reviewing the wrong report. Please see attached. Also, please remember that CA Government Code 89510(b) states all ‘contributions deposited into the campaign account shall be deemed to be held in trust for expenses associated with the election of the candidate or for expenses associated with holding office.’ Lastly, before he became CA’s Attorney General, Rob Bonta sponsored AB 220, signed into law by Gov. Gavin Newsom that says, ‘officeholder may use campaign funds for childcare expenses resulting from directly engaging in campaign activity including that which is both political and legislative or governmental.’”
In response, he and Hernández-Thorpe were informed the information was from the Amended report for Jan. 1 through June 30, 2023. They were asked the same questions, again with a few changes in light of the information provided by Bonilla, including how those trips were connected to the mayor’s re-election campaign, was he holding fundraisers or meeting with major contributors in D.C. and L.A. or were they “for expenses associated with holding office” and to provide the dates he traveled to both cities, the events he held and/or attended while there, and if they were campaign or City-related.
Finally, Hernández-Thorpe was asked, as has been asked of other candidates in the past who submit incorrect campaign financial disclosure reports, if he can’t handle properly reporting of thousands of dollars, how can he expect the public to trust him in making decisions about millions of their hard-earned tax dollars.
Bonilla responded on Monday, August 5, 2024, at 8:26 AM first writing, “We will look into your questions.” Then at 9:31 PM he wrote, “Forms were amended and submitted to city clerk today. Should be posted within the next 24 hours,” without providing copies to the Herald as requested. Nor did either he or the mayor answer the other questions posed to them about the campaign finance reports.
Hernández-Thorpe Submits Two Amended Finance Reports for Recall Opposition Committee
After being asked by the Herald about the mistakes and discrepancies in his campaign finance reports, the mayor submitted Amendments to his final two 460 forms for the Stop the #KAREN Recall committee on Monday, Aug. 5. On Wednesday, Aug. 7th, the City Clerk’s office posted the reports on the Office’s campaign finance portal and provided copies to the Herald.
The Ending and Beginning Cash Balances now match, and his Termination Report now shows an expense of $3,167.98to Waikiikii Designs of Antioch for Social Media Support and Content Design Services resulting in all the figures being correct. But the reports still show the two amounts that he “returned” or “reimbursed” to the closed committee, plus the amount returned between Jan. 1 and June 30, 2023. (See Amended Stop the #KAREN Recall Committee 460’s for 07/01-12/31/23 and 01/01-02/14/24)
FPPC Says Using Campaign Funds for Personal Use is “Egregious” Violation; All Complaints Against Hernández-Thorpe Rejected
The Fair Political Practices Commission, the state’s campaign watchdog and enforcement agency, was asked about Hernández-Thorpe’s reimbursements to his recall opposition campaign, specifically, if he spent those amounts for personal use are they violations of campaign finance law, as written in Chapter 6 Use of Funds of the FPPC’s Manual 1 dated August 2023. Manual 1, Chapter 6 Use of Campaign Funds
They were also asked, if not, shouldn’t he have instead reported them as contributions on Schedule A Monetary Contributions rather than listed as “Returned” or “Reimbursed”. Finally, they were asked to verify if a complaint, that the Herald was informed of, had been filed about the mayor’s campaign finance reports and if they are under investigation.
Jay Wierenga, FPPC Communications Director responded with the following:
“Before I delve into and/or ask some of my colleagues to delve into the 460’s, the first thing I’m going to do is check to see if any recent complaints came in to FPPC Enforcement Division regarding this committee/individual. On our public portal it shows a few complaints from the past few years, and the portal shows they were all rejected. (our public portal is on our homepage, the transparency tab, and the enforcement tab).
Generally speaking, I/my office usually refrains from actually looking at one individual, or a specific situation, and saying something is ‘wrong’ or ‘violating the law’ or the like, as that is a public accusation of wrongdoing before and lacking any investigation by the appropriate entity, which is usually the FPPC Enforcement Division, or potentially any DA or the AG’s Office. To do so would not only be a public accusation which could prejudice any investigation but also I/my office could be wrong (after an investigation finds no wrongdoing), thereby harming and damaging my credibility as a Communications Director as well as our credibility as an agency.
What I/my office tries to do is to point to the specific statutes and/or regulations that may be pertinent to show what the law says.
I am willing to do so in this case after I hear back from our Enforcement Division, because, if there is a complaint, we can’t comment on any complaint or open case, per regulation. Again, all I can do is point you to pertinent statute/regulation.
What I also can say is a couple of things. First, how people/committee’s file their reports is something I/we can’t speculate as to why they do or don’t do some things. They are obviously supposed to follow the instructions, the law, to the best of their ability, ask for advice or help to do so if needed (we have our Advice unit for just such requests), and the candidate/officeholder/treasurer are responsible for filling out and filing forms accurately, truthfully, and to the best of their knowledge under penalty of perjury.
Second, recognize mistakes can be made, things can be forgotten, etc. That is why we always encourage compliance first, to bring folks into compliance, before worrying about or acting on potential violations, so the public gets the information they are legally entitled to as quickly as possible. Then comes the determination of consequences.
Finally, while we take all violations of the Political Reform Act seriously, we recognize some are more harmful than others. Using campaign funds for personal use is one of the most egregious violations of the Act and violations of public trust, as it is taking money from people who are donating to a campaign and using it instead on one’s self. The Commission is on record and has a history of seeking the highest possible penalties in such cases.”
Weirenga later shared, “We (FPPC Enforcement Division) did receive a recent complaint against Hernandez-Thorpe that was rejected.”
Former DA, County Clerk Fined, Forced to Resign, Latter Given Jail Time for Personal Use of Campaign Funds, Lying About It
Spending campaign funds for personal use is a very serious matter as it is what caused former Contra Costa District Attorney Mark Peterson and later, County Clerk-Registrar of Voters Joe Canciamilla to be fined thousands of dollars. Plus, according to an NBC Bay Area news report, “The state attorney general’s office filed 12 counts of felony perjury and one count of felony grand theft against Peterson” to which he plead no contest. “In exchange for his plea and resignation, the state agreed to dismiss the other charges” and he “was sentenced to 250 hours of community service and will be on probation for three years.”
Later, the State Bar placed Peterson on interim suspension, and “effective Aug. 21, 2017, Peterson cannot practice law pending the outcome of the discipline case. The California Supreme Court has the final say in attorney discipline matters.” He was disbarred on March 31, 2018.
In addition, Canciamilla was charged with 34 felonies including four for grand theft of campaign funds for his personal use, pled guilty to nine and was sentenced to one year in jail which he served under electronic home detention. According to a Mercury News editorial, “under a plea deal…with District Attorney Diana Becton, he will probably spend six months on home detention at his oceanfront Hawaii home while continuing to draw his full public pension.” (See related articles here, here, here, here and here)
Most of Bernal’s Contributions from Within Antioch
Because Antioch doesn’t have its own campaign finance limitation ordinance, state law limits contributions to a candidate’s campaign committee to $5,500 per individual or business. In his only report covering the period Jan. 1 through June 30, 2024, Bernal shows $16,823.78 in Non-Monetary or what are referred to as in-kind contributions, with the largest amount from local business and commercial property owner, Sean McCauley and his family members totaling $15,923.78 for fundraisers held at his family’s home and olive and wine grape business on Deer Valley Road in Antioch. The next highest in-kind contribution Bernal received was $600 of campaign buttons from Tom Baldwin of Antioch who is listed as retired. (See Schedule C, pages 51 & 52)
Bernal received a total of $110,821.86 in cash contributions, of which only $5,703.56 was from less than $100. Of the $105,118.30 in reportable contributions of $100, a majority were from within Antioch, $54,846 compared to $50,272 from outside the city, unless you take into account $11,000 from the owners of Drill Tech located on Fulton Shipyard Road but live in Byron. That would make the totals $65,846 from within Antioch and $39,272 from outside the city.
Bernal’s Largest Contributors are Business Owners, Developers, Other Real Estate Interests, Contractors
The former city manager’s largest contributors include the following:
$5,500 each from Bryan Bento of Antioch, listed as an Investor, Beehive Hospitality; Ann Creson of Byron, Owner, Drill Tech in Antioch and Shannon Creson of Byron, Owner, Drill Tech in Antioch;
$4,500 each from Jeffrey Voss of Belmont, Business Owner, The Zeka Group, Inc. and Robert Katin of Antioch, retired;
$2,500 from Charles Wall of Walnut Creek, Contractor, Brosamer & Wall, LLC;
$2,200 from Dennis Bernal of Walnut Creek, his brother, listed as self-employed roofing contractor;
$2,050 from Perry Realty Team Inc, Oakley;
$2,000 from Robert McGrew of Dixon, Ranch/Farming, Self-employed;
$1,500 each from Martin Fernandez of Antioch, retired; Marjorie Katin of Antioch, Engineer, Katin Engineering Consulting; Bradley Jacob of Danville, Sales, McKesson Corporation and Patricia Curtin of Lafayette, Attorney, Wendel Rosen LLP;
$1,050 from Joseph Mitchell, Retired/Part time Antioch Police Dept;
$1,000 each from Gabriel Chiu of Pleasanton, listed as retired, but is the owner of two shopping centers in Antioch; Glen McCauley Investments of Brentwood; Sharon Hannaford of Oakley, retired; Information Technology, Data & Security Solutions LLC of Concord; former Antioch Economic Development Commission Chairman Tim McCall listed as Business Owner, Genesis Landscape, Inc.; Louisa Zee Kao of Hillsborough, CA, President/CEO, The Zeka Group, Inc. owners and developers of The Zeka Ranch; Joseph Goralka of Antioch, retired; Lisa Carter of Antioch, Vice President, CD & Power; Desmond Bittner of Lafayette, Police Lieutenant, City of Antioch; Duane Anderson of Antioch, retired; Scott Dellinger of Antioch, Owner, Restoring Dreams LLC; Andrea Fontana of Antioch, retired; Gordon Gravelle of Alamo, retired Antioch developer and professional football player; Terry Ramus of Antioch, Scientist, Diablo Analytical, Inc.; SIAFU Enterprises, Inc. of Antioch and two-time Antioch City Council candidate Sandra White of Antioch, VP Human Resources Center for Social Dynamics.
Bernal’s Report Shows Almost $21,000 Paid to Consultant, $3,500 to Out-of-County Businesses
In addition, Bernal’s 460 shows $20,985.90 was paid to Praetorian Public Relations of Walnut Creek for campaign consulting.
Like Hernandez-Thorpe, Bernal paid out-of-town and out-of-county businesses for work that could have been done by either Antioch or other local businesses in East County or Contra Costa. He paid Goprint.com of Burbank, CA $2,258.48 to print his door hangers and Imprint.com of Houston $1,300.97 for yard signs.
While there is no longer a printer in Antioch, there are in East County, and two sign companies in Antioch and others in East County. Bernal was asked why he didn’t shop local and use Antioch or other businesses in East County or Contra Costa to print his door hangers and yard signs.
The campaign responded, “Since there’s no longer a printer in Antioch we shopped the best prices and found one in Burbank. They’re a California vendor. Ron will do the same when he’s in office to ensure fiscal responsibility and use of taxpayer dollars.”
He was also asked about the correct reporting on two of his contributors, one about their city of record for the contribution, which was later confirmed to be correct, and about another’s employment, specifically, Gabriel Chiu of Pleasanton who is listed as retired. Yet, Chiu is the owner of two shopping centers in Antioch, including the Deer Valley Plaza on Lone Tree Way where the Food Maxx store is now located, and the Delta Fair Shopping Center where the Food Maxx store was previously located, for which the council majority, including Hernández-Thorpe, voted in 2020 to postpone indefinitely Chiu’s improvement plans. Those plans included a new 210-apartment complex, 4,000 square feet of new retail and renovation of the remaining existing 73,535 sf of retail space. (See related articles here and here)
Bernal responded, “Gabriel Chie is a Business Owner.”
Most of Hernández-Thorpe’s Contributions from Outside Antioch
The mayor raised a total of $58,794 in cash contributions, of which only $1,067 was less than $100. Of the reportable contributions of $100 or more, he received $57,727, of which only $7,375 was from within Antioch and most, or $36,652 was from outside the city, not including $13,700 from political action committees (PACs) and unions.
Largest Contributors are Unions, Business Owners, Building Industry, Real Estate Interests, Garbage Company, Cannabis
Hernández-Thorpe’s largest contributors include the following:
$5,500 each from Build Jobs PAC ID# 761102, Sponsored by the Building Industry Association of the Bay Area; Yua Huan Li of San Francisco, no information was provided. But according to Bizpedia, he is the Manager of ON Dog Dog LLC also in San Francisco; Longlife A LLC in Oakland; EL W Estate Management in San Francisco; LH Real Estate Management LLC of San Francisco; Republic Services in Concord, Antioch’s garbage collection company; and Manuel Robles of Los Angeles, self-employed;
$5,000 from Richard Hoke of Antioch, owner, Delta Dispensary cannabis/marijuana business in Antioch;
$2,500 from Sheet Metal Workers Union Political Committee ID 850381 in Livermore; and
$1,002 from Rolando Bonilla of San Jose, Strategist, Voler.
Hernández-Thorpe’s Greatest Expenses Were for Travel, Event Catering, Photography
Of the Payments Made totaling $17,761.29 for the period, the aforementioned $5,181.19 was spent for travel expenses and $4,226 was paid to Chef Clarise LaGrone of Antioch for three different events, plus, $1,200 to Bronze Girl Productions for an event performance, and $1,059.61 to LowKii Photography in Antioch.
08/09/24 5:45 PM UPDATE: Filing for the mayor’s race closed today, Friday, Aug. 9 at 5:00 p.m., and Hernández-Thorpe filed to run for re-election according to the report by the City Clerk. As of Thursday, he hadn’t completed filing his paperwork. Another candidate has also filed to run for mayor, Rakesh Kumar Christian, who ran in 2020 and placed last out of the five candidates. The election is November 5th.
Please check back later for any updates to this report.
Retired Antioch High Principal, Louie Rocha is running for Antioch City Council in District 2. Photo courtesy of Louie Rocha for Antioch City Council District 2, 2024
To replace District 2 Councilman Barbanica who’s running for county supervisor
“I believe organizational change starts with change of leadership,” – Louie Rocha
By Allen D. Payton
Louie Rocha, the retired principal of Antioch High School, announced his campaign for the Antioch City Council in District 2, today, July 27, 2024. He is running for the open seat to replace current Councilman Mike Barbanica who chose to run for county supervisor, instead of re-election. Rocha is the son of former mayor and current school board trustee, Mary Rocha.
AUSD Trustee Mary Rocha presents her son, AHS Principal Louie Rocha with his “retirement diploma” during his final graduation ceremony in June 2022. Herald file photo
In a statement issued Saturday morning Rocha wrote, “I am a 55-year resident of our community. I grew up in the Mira Vista neighborhood in District 2 and graduated from Antioch High School in 1979.
Following college graduation from SDSU (San Diego State University) in 1984, I returned home to marry my wife, Tammy of 38 years, purchase our family home and raise our twin sons, Louis and Ruben.
I am the retired principal of Antioch High School who served our community as a teacher, football coach, counselor, and school administrator.
As a lifetime resident of Antioch, I have a vested interest in the future of our community. I am concerned about the current challenges that are impacting the health and safety of our residents. Decisions made today will determine the future of our beloved community. I have decided to run for City Council because I believe organizational change starts with change of leadership. Based on the Grand Jury report, there are numerous Brown Act and Human Resources violations that have resulted in high turnover of city staff due to a toxic work environment.
I am committed to restoring city leadership staffing and law enforcement staffing within the allocated resources for vacant positions.
I am committed to resolving the problems of today with long-term solutions that will create a safe, healthy and inclusive community for all of our residents and local businesses.
‘Focused on our Future’
Thank you,
Louie Rocha”
————–
The first-time candidate for public office also shared his resume showing his extensive background serving the Antioch community.
Employment: Program Coordinator, Antioch Sports Legends Hall of Fame Museum at Antioch Historical Society 2022-2024
Itinerant School Administrator AUSD 2023-2024
Retired Principal of Antioch High School. 2006-2022
Assistant Principal at Antioch High School 1999-2006
Varsity Football Coach at Antioch High School 1995-1999
School Guidance Counselor at Prospects High School 1996-1999
REACH Project Teacher / Counselor at Park Jr. High School 1985-1996
Elected Offices:
Antioch Community Foundation (ACF) Board Member/ Secretary 2022-2024
California Interscholastic Federation (CIF)
Executive Committee 2022-2026
North Coast Section (NCS)
Executive Committee 2019-2024
President 2021-2023
American College Testing (ACT)
ACT State Organization President 2016-2018
Honors / Awards
Congressman Mark DeSaulnier Congressional Record of Recognition, Principal of AHS College and Career Academies 2022
Association of California School Administrators (ACSA) Secondary School Principal of the Year 2017
Los Medanos Community College Cesar Chavez Educator Award 2016
President, Antioch Management Association (AMA) 2007-2010 (Serving AUSD employees)
Education: Saint Mary’s College, Master of Arts Degree in Educational Leadership 1992
San Diego State University, Bachelor of Arts Degree Psychology 1985
Los Medanos College, Associate of Sciences Degree 1982
Antioch High School, Graduation Diploma 1979
Faces At Least One Opponent
So far, Rocha, who is also a grandfather of four, is the only candidate to officially announce for the open seat. However, according to her campaign’s Facebook page discovered by the Herald, today, Dominique King, who unsuccessfully ran against Mary Rocha for school board in Area 5 in 2022, posted her campaign logo on Nov. 19, 2023, raised funds last December and held a campaign kick-off event on May 19th. According to the City Clerk’s campaign finance portal, King filed her Candidate Intention Statement on Sept. 29, 2023, and formed her committee on Oct. 17, last year.
Rocha said he doesn’t yet have a campaign website or Facebook page but is expected to have the setup by next week.
The filing period for the seat will be extended until Wednesday, Aug. 14th since the incumbent is not running for re-election.
Former Antioch Mayor Don Freitas will run for the City Council in District 3. Photo source: Facebook posted on June 12, 2022. Map: City of Antioch
Don Freitas to seek District 3 seat after Ogorchock gerrymandered out
By Allen D. Payton
In a post on his Facebook page on Tuesday, July 2, 2024, former Antioch Mayor Don Freitas announced he will seek election to the city council in District 3, this year.
He wrote, “Let me state that I am a candidate for the Antioch City Council, District 3 seat on November 5th, 2024. As a life long resident of Antioch I have had the privilege of of [sic] representing our community in a number of elected and appointed positions such as Mayor from 2000 to 2008.The direction of our City by the current Mayor Lamar Thorpe and some members of the present Council for the last several years has been an unmitigated disaster. And today, the Contra Costa County Civil Grand Jury has factually documented many of the issues facing us in a report entitled “Challenges Facing the City of Antioch”. It is a must read!!! I am asking all registered voters in Antioch to ‘vote for change’ in this election. We need new leadership that is concerned about the betterment of our residents instead of the political ambitions of a few elected officials that have effectively damaged our community…And on November 5th support much needed positive change in Antioch.”
Freitas was referring to the Civil Grand Jury’s investigation into three areas of concern including turnover in city leadership, city employee vacancies and possible Brown Act (state open meeting law) violations by Mayor Lamar Hernández-Thorpe and Councilwomen Monica Wilson and Tamisha Torres-Walker, as outlined in a January 2024 letter from the Contra Costa District Attorney to Antioch’s Acting City Manager.
The District 3 council seat is open since incumbent Councilwoman Lori Ogorchock is precluded from running for re-election as the current council majority of the aforementioned three members gerrymandered her out of the district while redrawing and approving the council map in March 2022. They drew the boundary line between Districts 3 and 4 around the neighborhood in which Ogorchock lives, moving it into District 4. In Nov. 2022 she ran unsuccessfully against Wilson, who continues to represent District 4. (See related articles here and here and City Council Districts Map here)
Before the 69-year-old Freitas was elected to the city council in 1998, he served 16 years on the Contra Costa Water District Board of Directors. In 2008, he lost re-election as mayor to Jim Davis in a four-way race with two write-in candidates (including this reporter). In 2012 Freitas retired as the County’s Clean Water Manager and attempted a comeback in the race for mayor but placed third in a four-man race behind Wade Harper, who was elected, and the late-Councilman Gary Agopian. (See related article)
Prior to Freitas serving on the city council, his wife, Cathryn, served as a councilwoman from 1986 to 1994. Freitas graduated from Antioch High School in the Class of 1973 and from U.C. Davis in 1978. The couple has one adult son, Patrick.
Efforts to reach Freitas for further comment were unsuccessful prior to publication time. Please check back later for any updates to this report.
Mayor, council Districts 2 & 3, clerk, treasurer and trustee Areas 1, 3 & 4
By Allen D. Payton
The nomination period for local offices in Antioch including mayor city council Districts 2 and 3, City Clerk, City Treasurer and Antioch School Board Trustee Areas 1, 3 and 4 opens on Monday, July 15, 2024. The nomination period runs through 5:00 pm Friday, August 9, 2024. The election will be consolidated with the statewide General Election on Tuesday, November 5th, 2024.
Papers for offices that are up for election for city candidates will be available at the City Clerk’s office inside City Hall, 200 H Street in historic, downtown Rivertown and for school board candidates at the Contra Costa Elections Office, 555 Escobar Street in Martinez.
Source: City of Antioch
“The 2024 General Election has officially begun,” said Kristin B. Connelly, Contra Costa Registrar of Voters. “Candidate Filing begins Monday July 15, and our Candidate Services team is ready to help our residents who are looking to serve their communities in an elected position.”
If an incumbent does not file to run for office by the deadline on August 9th, the filing period for that office will extend until 5:00 pm on Wednesday, August 14, 2024.
Interested candidates for Antioch School Board can schedule an appointment through email at candidate.services@vote.cccounty.us or by calling 925-335-7800. Walk-ins are accepted, but service is subject to the availability of staff. Appointments are available on weekdays from 8:30 am to 4:30 pm. Filing documents and information will be provided to interested constituents at their appointment. The process takes 20 minutes.
AUSD Trustee Areas Final Map 2022
For further information on the General Election and key dates, go to www.contracostavote.gov
The following candidates have announced for the election in November:
Mayor of Antioch – Incumbent Lamar Hernández-Thorpe, Ron Bernal
District 3 City Councilmember –Antwon Webster, Don Freitas
See list of all offices up for election in Contra Costa County in November, here.
Kristin B. Connelly, County Clerk-Recorder and Registrar of Voters and Dawn Kruger, Civic Outreach and Engagement Specialist, Contra Costa Clerk-Recorder-Elections Department contributed to this report.
