But will discuss potentially hiring retired cops to supplement depleted force
Council will also consider adding traffic calming improvements, approving speed limits from 15 to 50 MPH on some streets
By Allen D. Payton
After issuing a Notice of Public Hearing, last Friday, announcing a discussion by the Antioch City Council of directly hiring the police chief during their meeting next Tuesday, August 8, the only police matter on the agenda is a discussion of potentially hiring retired officers to supplement the depleted force. District 2 Councilman Mike Barbanica requested the agenda item at the end of the last council meeting on July 25 in response to the 16 current vacancies out of 115 sworn approved in the budget and the 35 officers on paid leave for the two investigations. The matter is listed as Item 9, the last one on the agenda. (See agenda packet)
UPDATE: Mayor Lamar Thorpe said he pulled the item since District 4 Councilwoman Monica Wilson will not be attending Tuesday night’s meeting. In addition, the second reading of the tenant anti-retaliation and harassment ordinance on the Consent Calendar will require District 3 Councilwoman Lori Ogorchock’s vote to continue the item or the process to pass it will be required to start over. That’s because it passed on a 3-1-1 vote with Wilson’s voting yes, Ogorchock voting no and District 2 Councilman Mike Barbanica, who owns a rental property management company in Antioch, recusing himself during the July 25th council meeting. He said he will have to request it be pulled from the so he can vote on the other Consent Calendar items, requiring a separate vote on the new ordinance.
Before the regular meeting which begins at 7:00 p.m. in the Council Chambers at City Hall, 200 H Street in Antioch’s historic, downtown Rivertown, the council will meet in closed session to, among other matters, once again, conduct the performance evaluation of the city attorney.
Proposed Speed Limit Changes
The meeting’s agenda includes other public hearings such as Item 1 for adopting an Ordinance amending the Antioch Municipal Code “Special Speed Zones” in order to change the speed limit on certain streets. City staff is proposing approving the speed limits from as low as 15 MPH to as high as 50 MPH on certain streets. See list on chart, below:
No Increases to Street Light and Landscape Maintenance District Assessments
Another public hearing, listed as Item 6, will be to adopt a resolution ordering improvements and levying annual assessments for Street Light and Landscape Maintenance Districts for Fiscal Year 2023-24 with no increases from the current 2022-23 Fiscal Year
In addition, the council will consider under Item 2, approving the proposed traffic calming improvements for Sycamore Drive, James Donlon Boulevard and West 10th Street. That item was carried over from the July 25th meeting. The proposal is to spend $1.4 million but no infrastructure such as speed humps are included.
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream on the City’s website. In order to speak during the meeting members of the public must attend in person.
Nothing on next Tuesday’s meeting agenda about the matter; Barbanica, Ogorchock want open process
By Allen D. Payton
During the closed session before their regular meeting Tuesday, July 25, 2023, the Antioch City Council voted to give direction to the City’s Human Resources Director Ana Cortez regarding recruiting a new, permanent city manager. But no other details were provided. They also discussed the city attorney’s performance evaluation, but no reportable action was taken.
Regarding recruiting the city manager, City Attorney Thomas L. Smith reported that the council gave direction to the human resources director, but not what it was or how many council members voted to do so.
Several questions were emailed Wednesday afternoon, July 26 to Smith, Mayor Lamar Thorpe and the other four councilmembers. They were asked, “What was the direction given to Human Resources Director Ana Cortez regarding the recruitment of a new city manager during last night’s closed session as reported out by Thomas? If it wasn’t to offer her, (acting city manger) Kwame (Reed) or another current city employee the position or enter negotiations with a specific individual, and it’s merely about the process, including possibly issuing an RFP for hiring a firm for a nationwide search, why was that not announced? Why aren’t you being more transparent and allowing the public to know what’s going on with the recruitment and hiring of the next, permanent city manager? How is that rebuilding trust with your constituents after your last hire of the friend of certain council members?”
They were also asked to please explain the process they’re planning to follow.
At the end of the Tuesday July 25th meeting during Council Communications (see 4:33:35 mark of video), District 2 Councilman Mike Barbanica stated, “The hiring of city manager, moving forward, I’ve had requests from the public, is that going to be open session or closed session. What I can tell you is there’s times when that will be in closed session, there’s times that can be done in open session. Hopefully, we can bring those to you in open session.”
“When things can be done in a public setting, I want them done in public,” he added later.
District 3 Councilwoman Lori Ogorchock offered the only other response saying, “I can’t share what happened in closed session. But if it’s council’s decision to hire an outside search firm and they offer a list of say, five candidates, we should use a scoring system like we’ve done in the past, with allowing staff to have an interview process. They are the ones who will be working under direction of the new city manager. So, their input is invaluable.”
Asked about public input she said, “I believe in having an open, transparent process with public input.”
“This is a top priority because we have several directors and the chief that the new city manager should be hiring,” Ogorchock added.
As of today, Friday, August 4, no one else responded to the questions. Next Tuesday’s council meeting agenda was released, today but there is nothing included about recruiting a new city manager.
Antioch currently has an acting city manager, acting assistant city manager, acting community development director, acting public works director and no assistant city attorney. As of August 12, the appointment of an acting police chief following the retirement of current Chief Steve Ford on the 11th. So, as the City’s slogan reads, Opportunity Lives Here, especially for senior city staff positions.
8/5/23 UPDATE: Mayor Lamar Thorpe said he wants to wait and hold a press conference on the city manager recruiting process until after Acting City Manager chooses a new acting police chief, this Friday.
How the City’s organizational structure would be if the council decides to directly hire the police chief.
Notice of Public Hearing published last Friday but not all council members were aware
By Allen D. Payton
Before starting the process to hire a new city manager, at the Antioch City Council’s August 8, 2023, meeting, they will consider taking on the authority to hire the next police chief. Last Friday, July 28, 2023, without all council members knowing of it, the City published in the East Bay Times a Notice of Public Hearing on a a proposed ordinance that “changes the organizational structure of the City’s administration by transferring, from the City Manager to the City Council, the authority to appoint, supervise, and remove the Chief of Police.”
Currently, as is done in most cities with a Council-Manager form of government, the city manager hires the police chief as well as all of the City’s other department heads.
The hearing follows the council majority’s direction to City Attorney Thomas L. Smith, during their April 11, 2023 meeting, to return with an ordinance to make the change. At that meeting, Mayor Lamar Thorpe, Mayor Pro Tem Tamisha Torres-Walker and District 4 Councilwoman Monica Wilson all expressed support while both District 2 Councilwoman Lori Ogorchock and District 3 Councilman Mike Barbanica said they opposed it.
Regarding next Tuesday’s public hearing, both Ogorchock and Barbanica said they were unaware of the notice. Torres-Walker and Wilson were also asked via email late Monday afternoon if they were aware of the notice and public hearing.
Notice of Antioch City Council Aug. 8 Public Hearing regarding the council hiring the police chief published in the East Bay Times on Friday, July 28, 2023.
Ogorchock said she was informed of the notice in the newspaper by a councilmember from another city in the county.
When asked if he was informed of the notification Barbanica said, “No, I was not. I am totally opposed to this. We should first hire a city manager and then let the city manager hire the new chief. I will hear input during the public hearing. But I have raised my opposition to this twice, now.”
“I would prefer that we are all noticed by the city attorney and city manager, that we don’t first get noticed by the media,” he added.
Thorpe who, along with the city manager, sets council meeting agendas and the notice was issued by City Clerk Ellie Householder and copied to City Attorney Smith. Thorpe was asked, “on such an important matter to the city, shouldn’t your fellow council members be informed of a public hearing without having to first learn of it from other council members in the county or the media? More importantly, shouldn’t more of the public be made aware of such a matter?”
Householder and Smith were asked why all council members weren’t provided with the notice so they didn’t have to learn of it from the media. An auto-response email from Smith shows he was out of the office Monday afternoon.
The complete notice reads as follows:
NOTICE IS HEREBY GIVEN that the City Council of the City of Antioch will hold a public hearing in the CITY COUNCIL CHAMBERS, City Hall, 200 H Street at 7:00 P.M. or thereafter on TUESDAY, AUGUST 8, 2023, on the following matter:
The proposed Ordinance changes the organizational structure of the City’s administration by transferring, from the City Manager to the City Council, the authority to appoint, supervise, and remove the Chief of Police.
Members of the public wishing to provide public comments, may do so the following ways:
1. IN PERSON – Fill out a Speaker Request Form, available near the entrance doors, and place in the Speaker Card Tray near the City Clerk before the City Council Meeting begins.
2. WRITTEN PUBLIC COMMENT – If you wish to provide a written public comment, please email the City Clerk’s Department at cityclerk@antiochca.gov by 3:00 p.m. the day of the City Council Meeting
Please note: Written public comments received by 3:00 p.m. the day of the City Council Meeting will be shared with the City Council before the meeting, entered into the public record, retained on file by the City Clerk’s Office, and available to the public upon request. Written public comments will not be read during the City Council Meeting.
If any person challenges the decision of the City in these matters in court, he or she may be limited to raising only those issues that were raised at the public hearing described in this notice, or in written correspondence, delivered to the City at, or prior to, the public hearing.
Copies of the documents relating to the draft ordinance are available for review at the City Attorney’s Office, 200 H Street, Third Floor, Antioch, CA, between the hours of 8:00am – 5:00pm. If you have any specific questions concerning these documents, you may contact the City Attorney’s Office at 925-779-7015 or CityAttorney@antiochca.gov. Written statements in favor of or in opposition to this matter, may be emailed to: cityclerk@antiochca.gov, or mailed to the City Clerk’s Office, City Hall, 200 “H” Street (P.O. Box 5007), Antioch, CA 94531-5007, prior to the hearing.
ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: publicworks@antiochca.gov.
/s/ ELIZABETH HOUSEHOLDER
ELIZABETH HOUSEHOLDER, City Clerk
Publication Date: 7/28/2023
cc: City Attorney’s Office
———————–
None of the other city council or staff members responded prior to publication time. Please check back later for any updates to this report.
2
ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to
Cars can be seen doing donuts in the Antioch boat launch parking lot and at W. 2nd and L Streets next to the Antioch Police station in front of officers late nights in July, 2023. Screenshots from videos by a resident who chose to remain anonymous.
“It’s happening at 11 p.m., 1 a.m., 3 a.m. No one sleeps in downtown anymore.” – Joy Motts, former Councilwoman and Rivertown resident
Says Torres-Walker ignoring complaints although pledged to work with Motts on downtown issues; Torres-Walker claims she has been in contact with chief and Rivertown residents
Barbanica setting up meeting with chief, proposes hiring retired cops to supplement APD
By Allen D. Payton
Rivertown residents are fed up with the donut-spinning cars in downtown Antioch intersections and at the boat launch parking lot at the end of L Street near the police station, almost every night. They want something done about it and are considering taking things into their own hands. (See videos here and here)
Former Councilwoman Joy Motts said their complaints have fallen on deaf ears as Mayor Pro Tem Tamisha Torres-Walker in whose District 1 the illegal activities are occurring because “she never responds”. So, Motts reached out to District 2 Councilman Mike Barbanica who is working to set up a meeting with residents and APD.
“This goes on every night, sometimes for hours… 11pm, 1am, 3am. No one sleeps in downtown anymore. It’s waking people up. And it happens during the day,” Motts said on Wednesday, July 26, 2023. “When they take off, they run through every stop sign. They are going to kill somebody, maybe one of my family or my neighbors. We are at our wits end.”
“Then yesterday, three motorcycles raced down W. 2nd Street by the (old lumber company) lot going 80,” she continued. “They’re in our neighborhoods during the day. Almost every intersection is covered with tire marks. It’s just lawlessness.”
“Because we’re a grid they just stream though the intersections running stop signs,” Motts stated. “Two of my daughter’s friends have been hit in their cars by people running stop signs. They got broadsided.” “They come down here nightly and it’s just terrorizing the whole downtown neighborhood,” she shared. “They spin around in the boat launch parking lot, and we can hear them blocks away. We’ve called the police and they say we’ll let the others on patrol know about it.”
Multiple tire marks can be seen in the boat launch parking lot at the end of L Street and in the intersection of W. 2nd & L Street next to the Antioch Police station on Wednesday, July 26, 2023. Photos by Allen D. Payton
Motts Suggests Closing Access to Marina Area Parking Lots at Night
“I think they need to shut down the Marina and Smith’s Landing and boat launch parking lots at night. Ultimately, it’s a quality-of-life issue.
Asked if she’d contacted Torres-Walker who represents the area, Motts said, “she never responds to emails from any of us down here.”
“People are talking about hiring an attorney. People are talking about taking matters into their own hands which is a no-win situation and bad things could happen,” the former councilwoman shared. “They do this because they know they can with the reduced police force and there’s little to no enforcement.”
She believes the reduced police staffing level is a major contributor to the problem with currently 99 sworn officers on the force. That’s due to 16 vacancies of the 115 sworn approved in the budget. Plus, there are still 35 officers on paid leave due to the two investigations, including the one by the FBI and DA that began last year, and this year’s with the racist text scandal.
Motts said she contacted Barbanica who has suggested hiring retired police officers and a private security company.
“I’ve requested a meeting with the chief. Barbanica is working to get a meeting together to find solutions,” she added. “We need help.”
“My family has been here for over 100 years. and this is the first time we’re asking, ‘can we stay here?’” Motts exclaimed. “We’re afraid. When we slow down at a stop sign, we’re scared someone is going to fly through. We also hear gunfire a lot.”
“We pay taxes. We love our community. We love our downtown. We do events through Celebrate Antioch. We’re trying to improve things. But downtown, right now, is chaos,” she added.
Regarding “hiring of police personnel. We obviously have a shortage of police personnel, right now. In my opinion there are options,” he said. “It’s going to take years to get back up to staffing levels. He asked to have “a discussion…about hiring retired police officers that left in good standing. They can come in as non-sworn personnel. It’s much cheaper. There are no benefits involved. Essentially, they’re part-time employees. They can pick up the slack in investigations…in cold calls that come in, to free up the officers that are working the street for hot details.”
The department added two officers to the force in the past six months. Filling the vacancies at that rate will take four years. Plus, depending on how many officers are terminated following conclusion of the investigations, it will be more years to get to the 115 sworn officer positions.
When reached for comment Barbanica confirmed he’s been in contact with Police Chief Steve Ford to set up a meeting with Rivertown residents to discuss and find solutions to the challenges they’re facing.
Torres-Walker Pledged to Work With Motts on Downtown Issues
After last fall’s election Torres-Walker who committed to Motts to work with her to help the Rivertown area. As previously reported, following the first-hand recount of the ballots, Torres-Walker said to Motts, “I don’t think I can do this without you. You love Antioch and I want to partner with you. I don’t know what people downtown want. You do. I want you to tell me, advise me and I want to work with you.”
The City’s mayor pro tem was asked by voicemail and email Friday evening and Saturday morning if what Motts said was true, that Torres-Walker hasn’t responded to emails from Motts and other Rivertown residents about the issues affecting them. She was also asked if she had contacted any of the residents to meet with them and the police department to address their concerns.
In response Torres-Walker wrote Saturday morning, “I have been in communication with the chief and a handful of residents who live in and near the housing development on 4th Street near the police department regarding these kind of issues and gun violence.”
Including two amendments by Thorpe, one by Ogorchock but she vote no
By Allen D. Payton
During their meeting Tuesday, July 25, 2023, the Antioch City Council adopted an ordinance prohibiting retaliation and harassment against residential tenants on a 3-1 vote. District 2 Councilman Mike Barbanica who is a real estate broker and owns a property management company said, “upon advice of the city attorney I’m going to recuse myself from this item.” District 3 Councilwoman Lori Ogorchock was the lone vote against the ordinance.
The ordinance is in response to requests by multiple residents at previous council meetings beginning last year.
Mayor Lamar Thorpe temporarily handed the gavel to Mayor Pro Tem Tamisha Torres-Walker to run the meeting. While he limited public comments to 90 seconds on other items, he said he couldn’t do that for this item as it was a public hearing which allows for five minutes per public speaker.
According to the City staff report regarding the associated costs, “adoption of the ordinance will have direct and indirect fiscal impacts if the City engages in enforcement of the ordinance, either through the code enforcement process or through litigation. The proposed Ordinance may be enforced by an aggrieved tenant, an organization or other entity that represents the interests of aggrieved tenants, or the City.
At a minimum, an assistant city attorney or deputy city attorney position plus administrative support would be necessary for the City Attorney’s Office to provide support services to the public for this ordinance.”
According to an attorney who spoke as the proponent, the ordinance includes three things.
“It needs a reasonable standard for the violation. This ordinance includes things that are unique to Antioch including towing cars. Finally, it has a third element, remedies that can be used when the landlord violates the ordinance. They include attorney’s fees so tenants don’t have to pay out of pocket.”
“Here, there are aspects to the landlord. Any violation has to be done in bad faith,” he continued. “Bad faith conduct is the base line.”
“If it’s frivolous the landlord can collect attorney’s fees from the tenant,” the attorney added.
“You’re going to hear it’s unnecessary, it’s duplicative and doesn’t do anything,” he stated.
“There’s a talking point that tenants just need to be educated and I find that offensive,” the attorney continued. “The tenants know their rights. These tenants know the law and they know their living conditions. Thank you for putting on a great ordinance, tonight.”
The opponent was a representative of the California Apartment Association, that represents property owners in Antioch and Contra Costa County.
“It does fail to recognize some existing anti-harassment that are codified in state law,” she said. “We are redefining harassment and creating landmines.”
Speaking of one portion of the ordinance she stated, “there is a presumption of guilt. This provision blurs the burden of proof. It’s contradictory.”
One section she claimed was a backdoor to rent control as it allows for the claim any rent increase could be considered harassment.
“We ask you to reject this…and move forward with an inclusionary process,” she concluded.
Public Comments
During public comments several landlords spoke against the proposed ordinance in its current form and asked for changes before the council adopted it.
The first speaker was Joe Stokely, Sr., a rental property owner in Antioch. “I stand here before you confused and irritated. What is being proposed will produce a complete opposite affect than what the council is trying to accomplish. Why would anyone want to invest and want to continue owning rental property in the city facing a hostile environment.“You presume…all landlords are bad.”
“Please don’t make me have to go through the process at my age of selling my properties and invest elsewhere,” he concluded.
Another speaker, Ranae Callaway, branch manager of a mortgage company and representing the Delta Association of Realtors. She pointed out the “severe fines against landlords” included in the ordinance. “The ordinance does not provide a clear definition of bad faith or who will define it.”
Another speaker named James, said “My family has lived here for 100 years. For over 60 years we have provided below-market rate rentals in District 1. During those 60 years we’ve had four evictions.”
He asked for a progressive ordinance that respects both landlords and tenants. Let’s take the opportunity to collaborate…to develop an ordinance that works for everyone.”
Aeysha Corio, a Realtor, landlord and a City of Concord Planning Commissioner, spoke next saying, “I went over this ordinance. I do believe there needs to be protections for tenants. But it is incredibly unbalanced.”
“You got to find another way to deal with people who are violating people’s rights,” she continued and said, “I feel like this polarization of tenant vs. landlord needs to go. We should be working together.”
Antioch landlord and Realtor, Scott MacIntyre spoke next saying, “We already have laws in California. I myself am a very ethical housing provider. I follow the law and expect the city to follow the law, too. There are 14,000 homes in Antioch that are rentals. Don’t lump us in with a few very bad landlords.”
“It’s very ambiguous…very broad interpretation. I agree with it. Just want to see it tightened up,” he added.
Millie Phillips, a faith organizer that does tenants’ rights work in Contra Costa County, thanked the council “for an ordinance we can support.”
“They’re not saying every landlord is the same. They’ve talked about very specific landlords,” she stated. “All over the state there are laws that protect tenants that are working and are not affecting people who are not harassing. So, I don’t see the issue. Don’t do that kind of behavior and this ordinance will never apply to you. This is directed at the bad actors.”
Joe Stokley, Jr., of Stokley Properties with over 100 rentals in Antioch said if the council passes the ordinance, he would sell his properties and invest elsewhere.
Almost all of the remaining speakers were tenants in favor of the ordinance, including several members of Rising Juntos (formerly known as East County Regional Group) and Alliance of Californians for Community Empowerment (ACCE) Action.
“You should take this up with corporate landlords who are making you look bad,” said another speaker to the landlords in attendance.
Speakers also asked for the council to adopt a Just Cause Eviction ordinance in September.
Council Discussion and Decision
During council discussion of the item Ogorchock spoke first saying, “My heart goes out to some of you who have to live in these conditions. But with this ordinance I do have some questions.”
She spoke of the difference between corporate ownership of rental property versus single-family homes.
“Bad faith needs to be defined because it’s in here, a lot,” she stated.
Ogorchock also spoke of part of the ordinance applying to single family homes and people who rent out rooms.
“Under presumption of guilt there’s no due process,” she continued.
“I don’t see in here anything about senior home care facilities,” Ogorchock stated.
“There is a lot of good, in here. But these are some of the things I’m pointing out,” she said.
“I also wrote in here, Measure O. Did we list any of these people paying under Measure O, did we advise them of these meetings?” Ogorchock asked.
She said the burden of proof shouldn’t all be on the owners and the fines in the ordinance were excessive.
“The complaints are mainly about the corporate owners,” Ogorchock explained. “Maybe we should be looking at changing some of the language in here, so it applies to corporate owners.”
She asked “for an ordinance that we can all live with.”
Torres-Walker said, “this is a hard decision to deal with. We have been dealing with this for three years. Mayor Thorpe attempted to have a meeting with landlords, non-profits. For some reason we couldn’t come to agreement at that point.”
“Not all landlords are slumlords,” she continued. “I’m one mortgage payment away from losing my house.”
“I feel like landlords abandoning their business in Antioch over public policy is trying to censor renters,” Torres-Walker continued. “I would hope those that do would work with first-time homebuyers.”
She then made a motion to approve the ordinance waiving the second reading with District 4 Councilwoman Monica Wilson seconding the motion.
Before the vote Thorpe asked questions about the sections of the ordinance
“I’m going to rent my guest room to a friend for six months. Does this mean I have to rent the room to someone else?” he asked.
“It’s providing a right to a renter to sublet to another,” City Attorney Thomas L. Smith said.
“What this is saying if I rent my home to a family, they can go sublet, even if I say they can’t do that?” Thorpe asked.
“A right to one-to-one replacement of a tenant. If you are a renter in a place and you have a roommate in a place, you would have the right to replace that roommate…with another person,” Smith responded.
“My concern is if I’m renting my house and I’m renting it to a family, and I say I just want this family…they have that right to rent out a guest room without my permission?” the mayor asked.
“It’s not that simple. You have a contract,” Smith explained. “It’s your contract that governs. But I will say with this provision your concern is who has that right. It is a fair concern to have.”
“I don’t think that’s right and the first thing I’m going to say is this is going to be a friendly amendment to change that provision,” Thorpe stated.
“Some of the landlords are concerned about subletting would automatically find the landlord out of compliance,” he then said.
“The housing services part was a concern if the definition allowed for unlimited subletting. If your amendment goes through it would be a moot point,” the representative for the California Apartments Association responded.
“The issue that was trying to be prevented, here is the landlord rents out to four people and two move out and the landlord requires the remaining tenants to pay the entire rent,” said the other attorney. “Generally, it’s one lease per rental unit. In a house you’ll have several tenants on one lease. This is not making landlord rent their guest rooms. This means one leaving one coming in.”
“The one-to-one thing, I’m still going to stick with my amendment,” Thorpe said.
“Oh, refuse to accept or acknowledge tenant’s payment. There were some valid points made here, today. We’re not supposed to accept rent during the eviction process,” he stated.
“You could add some language clarifying when landlords are going through the eviction process,” Smith responded.
“That will be my second amendment,” the mayor shared.
Ogorchock then asked Thorpe to add senior home care into the exemptions, to which he agreed.
“They would qualify under…hospitals, skilled nursing facilities, so it would make sense,” he stated.
Torres-Walker asked, “why” and “they’re renters?”
“Yes,” Ogorchock responded and explained how homes have five or six tenants, plus caregivers and live-in nurses.
Smith suggested a substitute motion with the mayor’s amendments which Torres-Walker did, seconded by Wilson and it passed 3-1 with Ogorchock voting no.
Torres-Walker then thanked Barbanica for recusing himself from the process, “which was absolutely the right thing to do.”
The audience erupted in cheers as they left the Council Chambers.
Will cost $2.3 million over five years, but keeping it in-house will cost $1.9 million; will free up 2,200 hours of staff time for other work including street repairs and maintenance
By Allen D. Payton
During their meeting on Tuesday, July 25, 2023, the Antioch City Council voted 4-0-1 to contract out the cleanup of homeless encampments on City-owned property and rights-of-way. Mayor Pro Tem Tamisha Torres-Walker, without comment, voted to abstain. While it will cost the City budget approximately $400,000 more over five years, it will save staff time allowing them to do other priority work in the city. The outside contractor will be hired at a later date.
According to the staff report on the item, “The Public Works Department currently handles all the homeless cleanup abatement throughout the City of Antioch on City owned property and rights-of-way. Cleanup work is accomplished by work crews from the Streets Maintenance division and NPDES division. All abatement cleanups on City owned property and streets are handled by a streets crew. An NPDES work crew handles all cleanups within the City’s creeks and retention basins.
In calendar year 2022, City staff spent 2,197 labor hours performing homeless encampment cleanups. The time and resources dedicated to these cleanups prevents both Streets and NPDES work crews from completing their regularly scheduled and State mandated maintenance work. For example, the Streets Crew must defer signs and striping work as well as pothole and in house road repairs. NPDES crews must sometimes defer County mandated fire break maintenance work within the City’s creeks and State regulated storm drain and creek maintenance.
Additionally high priority sewer repairs get put on hold which could increase the City’s liability if sewers overflow in addition to potential fines from the State.”
Multiple city workers spoke in favor of the contract due to them being robbed while cleaning up, having to sort through needles, being spit on and afraid for themselves and their families to shop at the Target in Antioch and go to the store in Pittsburg, instead.
“Our experience is in sewer…in storm. We shouldn’t have to calm down the person who we’re taking their home away,” one employee said.
“We have to have PD on every site we go to. PD can’t always stay. The guys are literally getting yelled at, cursed at,” said Jeff Cook. “This contract would allow the actual professionals do the job they’re trained to do. One of the officers passed out from fentanyl exposure.”
“We can agree this is not the right department to handle the solution,” resident and homeless advocate Andrew Becker said. “These men and women shouldn’t be put in this position. But I’m wondering why other departments that deal with homeless are not here for this presentation.”
According to Acting Public Works Director Scott Buenting, the estimated cost to keep the work in-house within the department over the next five years is $1,913,443. The estimated first-year cost is $455,000 with annual increases, for a total five-year cost of $2,316,360.
Council Discussion & Approval
District 3 Councilwoman Lori Ogorchock asked about the contract. “My concerns are almost 2,200 labor hours taken away from what they were hired to do,” she said. “I would like to move forward on the outside contract as soon as possible.
She then moved approval, seconded by District 2 Councilman Mike Barbanica and it passed on 4-0-1 with Torres-Walker voting to abstain.
“We were in negotiations on this last year. Just for clarification this is something we agreed to,” Mayor Lamar Thorpe said.
Will cost $1.4 million for Sycamore Dr., James Donlon Blvd. and West 10th St.; no roundabouts or other infrastructure included
By Allen D. Payton
During their Regular Meeting on Tuesday, July 25, 2023, the Antioch City Council will discuss approving traffic calming devices to several major roads in the city. At an estimated cost of $1,410,000, if approved, devices will be added to Sycamore Drive, James Donlon Blvd. and West 10th Street between A and L Streets. The matter is in response to requests from the public. But they will not include roundabouts as previously proposed, as there’s not enough room in the intersections and would require the purchase of private property.
The Sycamore Drive improvements requires an increase to the Fiscal Year 2023/24 Operating Budget of $425,0000 from the Gas Tax Fund.
Also, according to the City staff report, “the proposed improvements do not include any permanent infrastructure, such as concrete median islands, to provide the opportunity for all to try the improvements, first and allow flexibility for future modifications, if needed. Additionally, the proposed improvements are lower cost with shorter turnaround times, affording the City the chance to implement the improvements quicker in the near-term future.”
Examples of proposed traffic calming devices. Source: City of Antioch
In addition, the report reads, “The intersections were studied to determine whether all-way stop signs or signalization were warranted and no intersection met all the warrants.”
Barbanica wants public process in open session, says public lost confidence in last hire; Ogorchock says that’s the way it’s been done; mayor won’t say why it’s in closed session
By Allen D. Payton
The Antioch City Council is scheduled to discuss the recruitment of a new city manager in closed session during their meeting on Tuesday night, July 25, 2023. The item on the agenda released on Friday, July 21, is number 3 and reads, “PUBLIC EMPLOYMENT – RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to Government Code section 54957(b). It follows Closed Session item 2 which is the Performance Evaluation of the City Attorney.”
During the Regular Meeting, the council will discuss under item 4, a new ordinance Prohibiting Retaliation and Harassment of Residential Tenants, under item 5, changing the speed limit on
certain streets and under item 7, calming improvements for Sycamore Drive, James Donlon Blvd. and West 10th Street. (See following article) Under item 8, the council will discuss hiring an outside contractor for homeless encampment cleanup.
Questions were emailed shortly before 3:00 p.m. that day to City Attorney Thomas L. Smith and Mayor Lamar Thorpe asking why the matter is being discussed during closed session instead of in open session, assuming it’s about hiring a search firm. They were also asked if that’s the direction the council will be going, will the selection process be done publicly with a request for quote or request for proposal sent out to hire a firm to do the search.
Smith’s auto-response email showed he was out of the office that day and wouldn’t return until today, Monday, and for immediate assistance to contact his secretary, Rakia Grant-Smith. Questions were then emailed to her. No response had been received as of 4:00 p.m. Monday. So, the questions were sent again to them and the other four council members.
Ogorchock Says That’s How It’s Been Done While She’s Been on Council
In response, District 3 Councilwoman Lori Ogorchock wrote, “The agenda is always a surprise to me as it is for everyone else. I am not made aware of any items prior to receiving the agenda packet on Friday. As for the city manager, we, as council, need to start the conversation about next steps. Since I’ve been on council items for the city manager and city attorney have begun in closed session.”
Barbanica Wants Public Process in Open Session
“That’s what I asked to have happen,” said District 2 Councilman Mike Barbanica referring to a video he posted on his official Facebook page and an email he sent to Acting City Manager Kwame Reed and City Attorney Smith last week. “I asked for an item on the next meeting agenda to authorize the council to start a search for the city manager.”
“I don’t see, generally, why it’s in closed session, unless there’s something I’m not aware of,” he stated. “It should be something we can take care of during regular session.”
“I confirmed the mayor set the agenda. The reason why that’s on there is so the council can talk privately,” Barbanica continued. “It doesn’t have to be in closed session. But it’s allowed. I told the city attorney I disagree with doing this in closed session. I want this done in open session because the public lost confidence in the last way the selection was made. That was done on a 3-2 vote. I did not vote for that, last time.”
“This appears to be non-transparent,” he stated. “I would like to see the public know what’s going on with who is saying what, how this is going down and what the discussion is.”
Other Agenda Items Requested by Barbanica
In addition to the city manager matter, in his email sent on Monday, July 17, Barbanica shared that he asked for two other items on Tuesday’s council meeting agenda. Those included a public presentation to the council by the police department on staffing levels, including patrol and every division, even the “sub-divisions” such as traffic being part of patrol. Finally, the councilman asked for the police department to present to the public how they are communicating information to the public through their PIO and to the press. Barbanica said he would like to understand the policy and where it came from.
No other responses were received. Please check back later for any updates to this report.
The Closed Session begins at 5:30 p.m. in the Council Chambers at 200 H Street with opportunity for public comments before and the Regular Meeting begins at 7:00 p.m. The meetings can be viewed livestream on the City’s website, on Comcast Channel 24 or AT&T U-verse Channel 99. See the meeting agenda, here.
