By Allen D. Payton

During their Tuesday, June 13, 2023, meeting, the Antioch City Council re-approved the revised tobacco product sales ordinance on a 3-2 vote and a rental registry with a future tax on landlords to pay for it on a 4-1 vote. With 12 items on the agenda and 19 items on the Consent Calendar, the meeting lasted until almost midnight violating the direction the council majority said they wanted to go at last Tuesday’s special meeting during discussion of the agenda items.

Re-Approve Revised Tobacco Products Sales Ordinance

On an expected 3-2 vote, with Mayor Lamar Thorpe and District 4 Councilwoman Monica Wilson voting against, the council majority re-approved the revision to the tobacco products sales ordinance which contains the following:

1. The terminology and definitions of flavored tobacco were amended to better align with State terms and definitions.

2. The prohibition on package size and price was eliminated. The prior language restricted the sale of small cigars (cigarillos) to minimum packs of 20, large cigars to minimum packs of 10, and required a minimum sales price for cigarettes of $10.

During the second reading of the ordinance, Mayor Pro Tem Tamisha Torres-Walker and Thorpe were absent. Instead of postponing the item, the remaining three council members voted 2-1 with Wilson voting no, as she had done during the vote on the first reading, requiring the item be brought back for a first vote, again. Although it was approved, the item must be brought back for a vote on the second reading at the next council meeting.

Approves Rental Registry with Future Tax on Landlords

The council also approved on another split vote the creation of a Rental Registry with a future Rent Program fee, or tax on landlords to pay for it.

According to the city staff report, the Rent Stabilization Ordinance (RSO) currently requires the establishment of a registry of regulated units. This ordinance will have a marginal fiscal impact in expanding application of the registry program, which would be funded through a Rent Program fee if adopted at a future date.

Staff determined that it would be prudent to require registration of all residential rental units in the City rather than only apartment complexes. If the City Council adopts additional tenant protections, such as just cause eviction, those protections would likely apply to a wider scope of rental units. Registration of such additional units would aid in the administration of the additional protection policies. A Citywide program would also allow the registration component to be a requirement for a complete application rather than an opt-in system.

The Proposed Ordinance would authorize a consolidated Citywide registration program to clarify and establish the authority of the Finance Department to administer the Rental Unit Registry and collect tenant program fees. It would also authorize the Rent Program and Finance Department to utilize an alternative means of registering rental units on properties containing five or more units.”

One of the speakers said she wants the system to also track evictions.

District 3 Councilwoman Lori Ogorchock moved approval and Torres-Walker seconded the motion.

Barbanica asked, “what information on this registry do you plan to include and

“The business license fee registers the owner at the property,” said Assistant City Attorney Rachel Hundley. “You get to know the units but you don’t get to know the details….more specific information such as the deeds…inspection violations.”

“So, you’re looking to really pry into those property owners’ personal business?” he asked.

“No,” she responded.

The motion then passed 4-1 with Barbanica, who is a real estate broker and property manager, voting against.

Stop by during the Rivertown Father’s Day Car Show Sunday, June 18

For agricultural, arts and crafts, childcare, energy, housing, worker-owned cooperatives, etc.

By Alicia Sloper, Admin. and Communications Support Specialist, California Center for Cooperative Development

The Cooperative Movement is well positioned to play a critical role in the larger movement for social and ecological justice. The California Center for Cooperative Development (CCCD) will host its annual California Cooperative Conference at Mexican Heritage Plaza in San Jose on Friday, June 2, and Saturday, June 3, 2023. CCCD will be showcasing innovative leaders in the cooperative movement and promoting a commitment to local economic development and underserved communities. Statewide cooperators and changemakers will have the opportunity to network with leaders in the cooperative ecosystem, share insight from experience in cooperative development, and discover the cooperative difference.  

The CCCD is a 501(c)3 nonprofit organization that promotes cooperatives as a vibrant model to address the economic and social needs of California’s communities. CCCD supports the myriad of cooperatives in California (agricultural, arts and crafts, childcare, energy, housing, worker-owned, etc.) with start-up, management, and other technical assistance. The Center’s Community and Economic Development Programs specifically highlight cooperative projects that promote opportunities for people with low and moderate incomes, as well as economically disadvantaged communities, regions, and neighborhoods.

This year’s California Co-op Conference is honored to host Keynote speaker Gopal Dayaneni, who will be speaking on Cooperation for Collective Liberation. Dayaneni has been involved in working for social, economic, environmental, and racial justice through organizing, campaigning, teaching, writing, speaking, and direct action since the late 1980’s. Currently, Dayaneni supports movement building through his work with organizations including The Climate Justice Alliance, ETCgroup, NDN Collective, the Center for Story-based Strategy and People’s Solar Energy Fund, among others.  

The event will feature panels and workshops covering a wide range of topics surrounding the co-op movement, with opportunities to learn and take part in both English and Spanish. Some workshops of note include Herramientad de Comunicaion Efectiva para Nuestras Cooperativas with Claudia Arroyo and Ana Castano (Prospera Community Development), Legal workshops on Limited Equity Housing Cooperatives with Karen Tiedemann and Erin Lapeyrolerie of Goldfarb and Lippman LLP, and Cooperative Businessing with Elisabeth Barton (Echo Adventure Cooperative). 

In addition, the California Co-op Conference will provide opportunities to network, with hosted lunches and a Co-op Social. Conference participants be directly connected with statewide cooperators to share their resources, products, and services at exhibitor tables during the conference. Please join CCCD at the California Co-op Conference in San Jose as we build connections, strengthen our learning, and use co-ops to create a just economy.  

More information about the conference, including a full list of workshops, speakers, and links to registration are available via our QR code, at www.cccd.coop, by emailing info@cccd.coop or calling 530-297-1032. Individuals must be registered to attend.    

Please let me know if you are interested in covering this story. I can be contacted via email at asloper@cccd.coop or phone at 530-297-1032 to discuss the details further. I look forward to hearing from you.  

An estimated 577 million robocalls sent to California phone numbers on National Do Not Call Registry 

Including Social Security, Medicare and employment scams

SACRAMENTO – California Attorney General Rob Bonta today, as part of a bipartisan coalition of 49 attorneys general, announced a lawsuit against Arizona-based Avid Telecom for allegedly initiating and facilitating billions of unlawful robocalls in California and around the country. Those robocalls included Social Security Administration scams, Medicare scams, and employment scams; two robocall examples can be found here and here. Today’s complaint is the result of efforts by the nationwide Anti-Robocall Litigation Task Force, which Attorney General Bonta helped launch last year and is charged with taking legal action against telecommunications companies that perpetuate robocall traffic.

“As the People’s Attorney, I’ve been laser focused on protecting consumers since taking office, and stopping unwanted robocalls is an important bipartisan and nationwide effort,” said Attorney General Bonta. “In addition to being a daily annoyance, robocalls can and do cause real financial damage. I’m taking Avid Telecom to court for delivering not hundreds, or thousands, or millions of robocalls — but billions of robocalls. Our coalition alleges that Avid Telecom has violated federal and state laws, and we are confident that we will prevail.” 

From December 2018 to January 2023, Avid Telecom sent or attempted to transmit over 24.5 billion calls to consumers. More than 90% of those calls lasted under 15 seconds, strongly indicating that they were likely robocalls. Further, Avid Telecom sent or transmitted over 7.5 billion calls to telephone numbers on the National Do Not Call Registry, an estimated 577,879,156 of those calls were to telephone numbers in California. Registering for the National Do Not Call Registry allows consumers to legally opt out from receiving telemarketing calls, but robocallers regularly fail to respect such legal prohibitions.

In the multistate coalition’s complaint, among other misconduct, Attorney General Bonta alleges that Avid Telecom:

• Violated the Telephone Consumer Protection Act, which prohibits any person from making a call using an automatic telephone-dialing system or an artificial or prerecorded voice to any cellular telephone;
• Violated the Telemarketing Sales Rule, which prohibits abusive and deceptive acts or practices by “sellers” or “telemarketers”; 
• Violated the Truth in Caller ID Act, which prohibits the transmission of misleading or inaccurate caller-ID information;
• Violated California’s Unfair Competition Law, which prohibits unlawful, unfair, or fraudulent business acts and practices, by transmitting a colossal number of illegal robocalls into California. 

In filing today’s complaint, Attorney General Bonta joined the attorneys general of Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.

A copy of the lawsuit can be found here.

Will pay almost $8 million for selling expired over-the-counter drugs and baby formula.

By Ted Asregadoo, PIO, Contra Costa County District Attorney’s Office

The Contra Costa County District Attorney’s Office Consumer Protection Unit has settled a civil law enforcement action against CVS Pharmacy for selling expired over-the-counter drugs and baby formula.

The settlement is part of a multi-county enforcement action initiated by Contra Costa, Santa Cruz, Fresno, Marin, Placer, Riverside, Sacramento, San Bernardino, San Joaquin, Shasta, Solano, and Yolo Counties District Attorneys’ Offices. Locally, Contra Costa Deputy District Attorney Bryan Tierney prosecuted the case against CVS Pharmacy, Inc., Longs Drug Stores California, L.L.C., and Garfield Beach CVS, L.L.C., (“CVS”).

CVS Pharmacy owns and runs pharmacies and retail stores throughout California – with 31 stores in Contra Costa County. These stores offer a variety of products such as over-the-counter drugs, food, infant formula, and baby food.

California law prohibits retailers from selling or offering for sale any over-the-counter drug that has expired. Also, food retailers in California are prohibited from selling or offering for sale any infant formula or baby food that has passed its “use by” date, as mandated by the federal Food, Drug, and Cosmetic Act.

The civil complaint — which was filed in Santa Cruz County Superior Court on May 9th — alleged that CVS Pharmacy has been selling expired over-the-counter drug products, as well as infant formula and baby food past their “use by” date for the past four years.

After being informed of the violation, CVS Pharmacy cooperated with authorities and acted by conducting internal checks for expired over-the-counter drugs, infant formula, and baby food that were past the “use by” date at all their retail locations in California. CVS Pharmacy also invested time and resources to retrain store personnel to verify the expiration dates of food and drug products.

It’s important to note that the investigation did not uncover any evidence that the sale of expired or past the “use by” date products resulted in harm to consumers.

Contra Costa District Attorney Diana Becton said, “This enforcement action underscores how our work helps to protect consumers from unlawful business practices. The residents of Contra Costa County must have confidence that the products they purchase are safe and not beyond their expiration dates. This settlement shows that CVS Pharmacy understands the seriousness of the violations and has taken steps to remedy the problem.”

CVS Pharmacy agreed to abide by a court order that prohibits any further violations of California law regarding the sale or offer for sale of expired over-the-counter drugs or infant formula and baby food past their “use by” date. The agreement was made without admitting or denying any wrongdoing. As part of the judgment, CVS will pay $6,500,000 in civil penalties and investigative costs, as well as an additional $1,000,000 in restitution. The restitution amount will be contributed to various charitable organizations that serve California residents throughout the state. Locally, CVS Pharmacy will pay the Contra Costa County District Attorney’s Office $475,000 in civil penalties, and $19,000 to reimburse the office for prosecution costs.

After Ogorchock switched positions in March; Thorpe hour late to meeting without explanation

By Allen D. Payton

With the final vote to revise the Antioch tobacco products sales ban ordinance on the Consent Calendar during Tuesday night’s meeting, Mayor Pro Tem Tamisha Torres-Walker was absent and Mayor Lamar Thorpe was an hour late to the meeting. That left the vote up to the other three council members, including District 4 Councilwoman Monica Wilson who opposed the changes. During the March 28th meeting District 3 Councilwoman Lori Ogorchock reversed her previous support for the entire ban, joining Torres-Walker and District 2 Councilman Mike Barbanica. The motion to adopt the revised ordinance failed on a 2-1 vote with Wilson voting against.

According to the staff report on the agenda item, Section C. of the current ordinance reads, “No tobacco retailer shall sell, offer for sale, possess with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any of the following: (1) Any package of fewer than twenty little cigars; (2) Any package of fewer than six cigars; and (3) Any package of cigarettes, little cigars, or cigars at a price that is less than ten dollars per package, including applicable fees and taxes.”

Retailers had complained to the city council that they were unfairly targeted and there wasn’t a level playing field with retailers in neighboring cities. As a result, that section was removed in the revised ordinance which the council passed 3-2.

But the failure of the second reading of the ordinance leaves that section in place and any revisions to the ordinance requires the council to start the process again.

A separate effort to remove the ban on the sale or transfer to family members of tobacco retailers in the city was sent back to the Planning Commission for review and a recommendation vote. That will return to the city council for a decision at a future meeting.

Expanded portfolio brings a strong mix of larger well-known beverages along with smaller local brands to be delivered by award-winning, locally owned beer and beverage distributor

Antioch, California, May 10, 2023 – Markstein Sales Company, the largest woman-owned and operated wholesale beverage distributor in Northern California, announced today that it has bolstered its product portfolio through the purchase of key brand distribution rights for multiple products from Bay Area Distributing. Through this agreement, Markstein will now be able to provide its customers with even more well-known national brands, as well as local brands, ensuring that all quality beer and beverages have the same opportunity for purchase on the store shelves.  

Both Markstein and Bay Area Distributing have deep roots and commitment to their local communities. Bay Area Distributing was established in 1972 by Ken Sodo who recently announced his retirement from the company. Likewise, Markstein has been a strong supporter of the Northern California community for more than 100 years and has grown and expanded its business to service more than 3,000 retail accounts in Contra Costa and Alameda counties.  

“We wish Ken the best of luck in his retirement as he trusts Markstein to continue bringing the community a strong mix of large and small beverage brands,” said Laura Markstein, President of Markstein Sales Company. “As a company with more than 220 employees living locally, we are proud of supporting our community, whether that is through sponsoring events, funding local organizations, volunteering our time, or helping hard-working local beverage companies get on the coveted store shelf. We work in, live in, and love this community and we are always looking for ways to provide the best service, products, and support to the best region in the world.”

New Brands Coming to Markstein

Some of the additional brands Markstein will now be able to provide its customers include: 

• Alcoholic Beverages – Asahi, Bear Republic, Drakes, Dust Bowl, Famosa, Farmers, Full Circle, High Water, Shadow Puppet and Two Pictures
• Non-Alcoholic Beverages – Calypso, Nestle and Poppi

About 

Markstein Sales Company is a fourth-generation, woman-owned and operated wholesale beverage distributor based in Antioch, Calif. Founded in 1919 with just a horse, a wagon and six cases of beer, Markstein is now in its 103rd year and distributing over four million cases annually to 3000 plus retailers in the Bay Area. The company’s portfolio is composed of multiple world-class beers including the Anheuser-Busch InBev family of beers, several high-quality craft beers, as well as non-alcoholic beverages. Markstein is known for outstanding customer service, dedication to their employees and commitment to the community, and was voted a 2021 Bay Area Top Workplace. The company continues to rank as best in class by retailers and is one of the top five largest Woman Owned Businesses in the Bay Area. More information can be found at https://www.marksteinsalescompany.com.

First session this Friday, May 12 at 5 p.m.

Following repairs to damage to the floor of the Paradise Skate caused by flooding during the winter storms, East County’s only roller rink will reopen this Friday, May 12.

STEM Director Robert Bruce said, “there have been a lot of people that have helped out.  Our Artistic, Derby and Speed Club members stepped up and helped with our construction.”

A post on their Facebook page on Sunday reads: This is the announcement everyone has been waiting for. 

We will be opening this coming Friday at 5 pm for our first session.

Friday May 12 – 5 pm to 7 pm, 8 pm to 10 pm

Saturday May 13 – Noon to 2 pm 3 pm to 5 pm, 9 pm to 11 pm

Sunday May 14 – Noon to 2 pm, 3 pm to 5 pm

The following week the Contra Costa County Fair is here.

Entrance to our Roller Rink is through the main fairgrounds.

Separate fee to enter the fair.

Our Artistic Club will be performing on Thursday May 18th at 6 pm and Saturday May 20th at 2 pm FREE to watch.

Our Derby Club will be performing on Friday May 19th at 6 pm and Saturday May 20th at 6 pm

Hours are noon to 9 pm Thursday, Friday, Saturday and Sunday

Separate fee to skate.

See you then.

Paradise Skate is located inside the Contra Costa Event Park at 1201 W. 10th Street in Antioch. For more information call (925) 779-0200 or visit www.paradiseskate.com.

Allen D. Payton contributed to this report.