City of Antioch had ample funds to purchase El Campanil Theatre in 2023 and this year, spoke to owner before sale
But wasn’t placed on council meeting agenda for discussion and vote
Council voted unanimously both times to just receive and file annual reports of available funds from developer fees
“We did talk to the current owner that he would entertain a sale to the City…we got blind-sided…” – Councilwoman Torres-Walker on this year’s efforts for the City to buy the building
By Allen D. Payton
In response to questions sent to Antioch City staff multiple times beginning Friday, August 28 and to staff and council members on Friday, Sept. 4, it was learned by the Herald on Tuesday, Sept. 8, that the City had more than enough funds to purchase the El Campanil Theatre in both 2023 before the first sale to a private owner, and prior to this year’s sale, as well.
In fact, according to a staff report to the council on Dec. 9, 2025, the City had over $7 million by June 30, 2025, sitting in a fund, as District 1 Councilwoman Tamisha Torres-Walker recently claimed, that can be used to “acquire existing buildings with the intent to convert them into Community Centers.” That is more than enough to have covered the $1.5 million asking price by the current owner and seller. In addition, by June 30, 2023, the month after the first sale of the theater to a private party closed, the City had almost $5.5 million in that same fund. Plus, the Fiscal Year 2021-22 report shows as of June 30, 2022, the fund had a balance of over $4.2 million. So, the City also had enough funds to purchase the theater in 2023 for the $800,000 asking price. (See fourth subsection of related article)
Questions to Staff and Council if Development Fees Could Be Used to Purchase Theater, More
The questions were sent to City Attorney Lori Asuncion (pronounced uh-SUN-shun), Acting Community & Economic Development Director Kevin Scudero and Acting City Manager Ana Cortez, but since they had not yet responded by Friday night, Sept. 4, those same questions plus, a few more, were then emailed to them, the mayor and all four council members, and City PIO Jaden Baird. Mayor Pro Tem and District 3 Councilman Don Freitas informed the Herald last Wednesday that he would be out of town and unreachable for the following two weeks, and an auto-response email shared that Baird is no longer with the City of Antioch.
They were informed of what Torres-Walker said, that she and Freitas were looking into having the City use development impact fees to purchase the El Campanil Theater and she said there are millions of dollars just sitting there. They were also informed that after researching it on the state’s website, this reporter could not find any legal limitations under the definition of “other civic and community facilities.” They were then provided with a link to the California Department of Housing and Community Development’s webpage regarding the impact fees, Residential Impact Fees in California | California Department of Housing and Community Development and asked the following questions:
“Can they be used by the City to purchase the El Campanil Theatre building? How much in impact fees collected does the City currently have? Why are they sitting there? What were they collected for? What nexus was determined in the study?” and “can the City change the use of the funds after the fact?” They were also asked, “what else can the funds be used for?”
Development Impact Fees Available to Acquire Community Centers
Scudero responded Tuesday evening with, “The development impact fee program adopted by the city in 2014 accounts for Community Center Expansion as part of the Parks and Recreation Facilities Development Impact Fee. This fee could be used to construct new Community Centers or acquire existing buildings with the intent to convert them into Community Centers.”
He continued writing, “Here is the link to the annual AB 1600 reports that the city files detailing the amount of development impact fees collected and expended in each fiscal year: https://www.antiochca.gov/299/AB1600-Reports.
“That page also has the 2014 study that details the fee program and cost allocation for the fees collected. We are currently in the process of updating the development impact fee study which will involve looking at the current needs of the city and identifying new projects that will need to be constructed to accommodate new development.”
According to the League of California Cities, “A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the…project.”
According to City staff, Assembly Bill (AB) 1600, passed in 1987, is part of California statutes that “are collectively known as the ‘Mitigation Fee Act’ and imposes specific requirements on cities that chose to collect development fees” including issuing an annual report within six months of the end of the fiscal year.
The fees can only be “Collected for Capital Facility, Equipment, and Infrastructure Improvements, Cannot Fund Existing Needs…of the City’s existing population, and Must Be Based on a Rational Nexus” i.e. “a reasonable…connection, between new growth and development and the need for a new facility or improvement” and “must be structured such that the revenue generated does not exceed the cost of providing the facility or improvement for which the fee is imposed.”
There are four impact fees imposed on new development in the City: one for General Administration, another for Public Works, a third for Police Facilities and Equipment, and a fourth for Parks and Recreation Facilities, each with a separate, designated fund.
Council Aware of Fund Balances Last December and in December 2022 But Did Not Discuss Using Money
The latest report for the 2024-25 Fiscal Year presented to the Council during their Regular Meeting on Dec. 9, 2025 (see Item 6.Q.), shows an Ending Balance in the Parks and Rec (Fund 324) of $7,404,937.33. So, the City did have the money to purchase the El Campanil Theatre this year for the $1.5 million asking price.
Yet, during the Dec. 9th council meeting, that agenda item on the Consent Calendar was not pulled by any council member for the Council to discuss use of the funds before they voted 5-0 to receive and file the report as part of approving all but four other items. (See 5:27:15 mark of meeting video)
The report also shows that at the end of the 2022-23 Fiscal Year, which was on June 30, 2023, the fund had a balance of $5,491,281.75. In addition, the 2021-22 Fiscal Year report, which shows an Ending Balance of $4,218,197, was presented to the Council during their regular meeting on Dec. 13, 2022. (See Item 4.H.)
Thus, the City also had plenty of money to purchase the theater in 2023 and could have for just $800,000. Yet, during that meeting, the Council did not remove that item from the Consent Calendar either, to discuss use of the money available in the fund before voting 5-0 to receive the report and approve all the other items. (See 1:23:30 mark of meeting video)
One Councilmember Made Requests to Agendize Protection, But Not Purchase of El Campanil Theater
A montage of council meeting videos by the ContraCosta.news posted on the Facebook page, shows council members speaking about the theater and one repeatedly requesting to be placed on a future meeting agenda an item for protecting, but not purchasing it. During their meeting on May 13, 2025, under Council Communications and Future Agenda Items, District 4 Councilwoman Monica Wilson asked, “Can we have an agenda item on potential historical sites in the city and how we protect them?”
“Alright,” Mayor Ron Bernal said while taking notes.
“I put that on because I reached out to Councilman Freitas about this because I’m concerned about the El Campanil that it’s not a registered historical site…that someone could come in, purchase it and demolish it,” the councilwoman added.
Freitas responded, “So, I would just suggest we put, dash, because it really is El Campanil.”
“Specific to El Campanil,” Bernal interjected.
“Right?” Freitas asked Wilson. “Right,” she replied.
“So, the Carnegie is completely separate,” Bernal stated. He was referring to the building at 519 F Street, which, according to the Carnegie Libraries website, “has housed the Senior Citizens Center, City Recreation Department, and Antioch Historical Centers” and more recently was leased to a church.
Then during the council meeting on Nov. 4, 2025, Wilson reiterated, “I just wanted to remind or get an update on making sure our El Campanil Theatre is a historical landmark, and I think the Carnegie Library so nobody can come in and demolish it. I wanted to get an update on that.” She repeated the request during the council meeting on Feb. 20, 2026, saying while reading from notes, “Agendize historical sites in Antioch. I think this is getting confused with my other item in regards to identifying sites in Antioch and getting them on the California historical registry so we can protect them.”
Then, most recently, during their meeting last month, on August 25, Torres-Walker repeated what she said in her video posted on Facebook (referred to above) about Freitas and her discussing the theater since last year. But she did not request to place on a council meeting agenda the possible purchase of the theater as it was already in escrow.
Torres-Walker Explains What Transpired This Year
When reached for comment, Torres-Walker said the City did try to buy the theater building this year and shared details of what she, Freitas and City staff did in their efforts to purchase it, possibly using development impact fees in the Parks and Rec Fund.
“It was $8 million when I brought it up,” she stated referring to the balance in that fund.
About the sale she said, “How I found out this year was seeing a video on Instagram of the pastor in the theater,” (the same as this reporter).
“In July, it was me, Don, Ana Cortez, Shahad and Sharon and the conversation didn’t include ‘this needs to be a rushed process to stop a sale,’” Torres-Walker said referring to Freitas, the acting city manager, the City’s Recreation Department Director Shahad Wright, and current El Campanil Theatre Preservation Foundation board president Sharon Sobel Idul.
Based on the timeline shared by the pastor last week, the church’s offer was accepted after that meeting was held.
“I told Don, last year, we had to do something,” she continued. “I was told the theater was being sold to a church. But we found out that was the AMC (Deer Valley Theaters).” As previously reported, that building, located on Lone Tree Way, was sold to The Bay Area Pentacostals church, whose building in Pittsburg burned in 2022.
“We did talk to the current owner that he would entertain a sale to the City,” Torres-Walker stated referring to Tung Bui. (See related article) “It was brought up at the council that this needed to be a discussion. We have this 90-day list thing. So, it should be on the list that I’ve been asking for over the last 60 days.”
At the end of each council meeting agenda under Council Communications and Future Agenda Items, it reads, “any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and City Manager – no longer than 90 days.”
However, that item is not included on Special Council Meeting agendas, and no request regarding discussing the theater was made at the end of the regular council meetings on May 12, May 26, June 9, June 23, July 28 or Aug. 11. Not until the Aug. 25th meeting was the theater brought up by Torres-Walker, as mentioned above, after the conditional sale to the church. (See related article) It was during the meeting on April 28th that the Council last discussed one item from their previous 90-Day List, which was to hold a joint meeting between the Council and the Police Oversight Commission.
“Ana Cortez did speak to the owner,” Torez-Walker added. “Me and Don were trying to see if he would entertain a sale to the City and I had questions for the owner because we knew it was on the market.”
“We were all blindsided, because the last conversation we had with Sharon was that the owner was excited about the City buying it and keeping it as an arts and cultural center for the city,” Torres-Walker stated.
“David Storrer told me about the development impact fees. I said, ‘is this a real option?’ He said he was going to look into it,” referring to the City’s then-Acting Community and Economic Development Director, “and he would talk to the Parks and Rec Director,” she continued. “I went to Don and told him about the development impact fees, that this would be an opportunity to bring the Carnegie Library back on and potentially purchase the El Campanil Theatre.”
“Don met with David Storrer, and they were going through legal to make sure it passed what David called, ‘the smell test,’” said Torres-Walker. “Conversations with David Storrer started back in March. David’s contract was terminated in June or July. But things were already in motion.”
“We met with Sharon in July at Monica’s,” the councilwoman stated. “Then conversations started with the City with either the seller or his broker. Ana said he was excited about being in conversations with the City about purchasing the theater and to move forward with an option from the City.”
“Then this video goes out by Pastor Eli of Legendary,” she shared. “I get it if you’re a private property owner, you’re going to go where the money is.”
“I was blind-sided because I didn’t know there was another offer on the table,” Torres-Walker exclaimed. “I thought we were in, right? I thought we were working things out.”
“This is not about being against any church. We can’t discriminate,” she stated. “It was never about a church; it was about preserving arts and culture in downtown. That was the goal before we even knew a sale was taking place.”
About using the development impact fees and what they can be used for Torres-Walker shared, “We have to think about how we’re spending taxpayer dollars. There was no specifics. It didn’t name any projects. It was broad enough terms to interpret what is allowed.”
Asked if she had received the statement from Scudero sent to the Herald she said, “No, I haven’t heard back from staff and I was unaware of Kevin making a statement.” However, the councilwoman was reminded of the annual reports received by the council, including the last one in December with the details of the balance in each fund.
“Once David Storrer left and Bessie was placed on leave and the conversation transferred to Ana, and Kevin was brought in and asked if he could find out about this. So, we’re all playing catch up,” Torres-Walker explained, referring to City Manager Bessie Scott who has been on paid leave since May 5th.
“Staff never tells us what monies can be used for. We have to ask,” the councilwoman stated. “David Storrer said, ‘I don’t know why council isn’t being informed you need to be spending this money.’ Because it is for improvements.”
“Once we found out about it, Councilman Freitas looked into using them,” said Torres-Walker. “The only reason we didn’t want to do a rush job is me and Mayor Pro Tem Freitas didn’t want it to be half-baked and brought to the council. Then we got caught in the trap that we didn’t know we had enough time and we got blind-sided by the sale.”
“We have to be careful speaking on the sale of private property,” she acknowledged. “Because if it puts the sale in jeopardy, we could face potential lawsuits if the sale to Legendary doesn’t go forward.”
“The option to work with the church if they get the keys on the 28th, you can only work together through collaboration,” Torres-Walker stated. “This issue has brought together unlikely partners because people care about this building.”
“I think the challenge I’m faced with is that I’ve been hearing some people say it’s the structure, I’ve heard others say it’s arts and culture. Either way it’s brought people together,” she added.
The councilwoman then switched her focus to the future of the city’s historic downtown, known as Rivertown.
“I think what we should focus on are what are the other opportunities,” she stated. “We’re still in conversations about security downtown, about the Economic Development Commission, Department and Director. We need to look at the mission and purpose of the commission. Oh, and the Rivertown Standing Committee – we have not met since I was elected. Even when me and Don started talking about meeting, the former council member before I was in, that was their thing, so, everyone else pulled out of the space. What we need is to talk about the standing committee and if it’s a pet project of a council member, it dies when they leave. It needs to be championed by the community.”
“Form an Ad Hoc committee and form a commission for Rivertown, downtown or whatever or a task force,” Torres-Walker continued. “Because an ad hoc committee gives council members free reign, rather than a standing committee which has to comply with the Brown Act, with notices and minutes, and two members who make a quorum, which limits the dialogue and people talking at us and us looking at information and people don’t want that right now.”
Again, Freitas informed the Herald last week that he will be unavailable while on vacation for two weeks. Once he has returned and if the City’s mayor pro tem offers any comments, they will be added to this article.
Bernal Was Not Asked to Agendize Purchase of Theater, Did Not Help Church
Mayor Bernal was asked if any of the council members had requested the matter of purchasing the El Campanil Theatre be placed on a meeting agenda for discussion in the past year to either take over the theater or purchase it. He responded simply, “No.”
Bernal was also asked if he was aware the theater was for sale this year before it went public last month. The mayor responded, “Yes. As Tamisha may have told you she, Don and Bessie were working together to find out more about it. I was not involved due to obvious Brown Act implications,” referring to the state’s Open Meeting Law.
Finally, he was asked if he helped the church purchase the theater as has been one of the rumors being spread to which he responded, “No.”
Questions for Current Owner
Questions were sent to current owner Tung Bui Tuesday evening asking if he spoke with Sobel Idul and Cortez or if his broker, Michael Temby did, and if he had anything else to share about what Torres-Walker said regarding entertaining an offer from the City. He was also asked, if it’s true, why he did not give the City enough time to make an offer. But he didn’t respond prior to publication time.
Questions for Theatre Board President
Similar questions were sent to foundation board president Sobel Idul Wednesday evening. But she did not respond prior to publication time.
Questions for Acting City Manager, Mayor
Cortez was appointed Acting City Manager effective May 6, 2026. Following receipt of the information from Scudero she was then asked via email Tuesday night and voicemail on Wednesday, since she was appointed acting city manager did any of the council members ask her to speak with the mayor about placing on a meeting agenda a discussion of using the funds from the Parks and Recreation Facilities Development Impact Fee to purchase the El Campanil Theatre, or were there any discussions about the matter outside of a council meeting with the mayor or council members.
Additional questions regarding what Torres-Walker shared were emailed to Cortez Wednesday evening.
She did not respond prior to publication time.
Please check back later for any updates to this report.
the attachments to this post:
Torres-Walker El Campanil Theatre sm
FY22-23 Development Impact Fees Report
FY24-25 Development Impact Fees Report
FY23-24 Development Impact Fees Report
FY21-22 Report Development Impact Fees
CoA logo & El Campanil Theatre listing
