7 members appointed, sworn in Tuesday night, presented during Wednesday ceremony; does not replace Police Crime Prevention Commission

“We’re creating an advisory, oversight board.” – Mayor Lamar Hernandez-Thorpe

“They did not need to form a new commission.” – former Police Crime Prevention Commission Chair Sandra White

Commissioners ran have criminal records

Former councilman says some commissioners biased toward police, shouldn’t be appointed

By Allen D. Payton

During their meeting on Tuesday, Feb. 13, 2024, the Antioch City Council on 3-0 votes appointed seven members to the new Police Oversight Commission. Mayor Pro Tem Monica Wilson and District 2 Councilman Mike Barbanica were absent. Because Antioch is a general-law city, the commission has limited authority and will only serve in an advisory role to the council. Each of the four councilmembers selected one commissioner from their respective districts. The other three were appointed by Mayor Lamar Hernandez-Thorpe, including one representing the faith community. One of the new commissioners, Harry Thurston had previously served as a member of the Police Crime Prevention Commission. (See 1:18:00 mark of meeting video)

Background

The mayor held a ceremonial oath of office re-enactment event the next morning which was attended by all seven commissioners and District 1 Councilwoman Tamisha Torres-Walker. In his announcement about the event, Hernandez-Thorpe shared in February 2021, he announced several police reform measures, including establishing the commission and claims it was “once an opposed concept, now a reality to assist in building trust between community and police department.” In his post about the event on his official Facebook page, he offered a “a special THANK YOU to all his colleagues on the Antioch City Council for actively participating in the selection process that included community members and the East County Branch of the NAACP.”

According to the City staff report for the May 10, 2022, council meeting, “City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies.

City staff…prepared an ordinance forming the Antioch Police Oversight Commission with the aim of strengthening trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.”

The new commission was approved on a 3-1 vote with Barbanica opposing formation of the commission, saying he believed they should give Interim Police Chief Ford more time in his position and get input from him prior to the formation of this Commission. Ogorchock was absent for that meeting. (See 1:19:16 mark of the meeting video)

Commissioners Must Be Antioch Residents, Can Have Criminal Records

As previously reported, the adopted resolution also included details on membership of the commission:

(A) The Police Commission shall consist of seven (7) voting members appointed by the Mayor and confirmed by the City Council.

(B) All voting members of the Police Commission shall be residents of the City of Antioch.

(C) The Mayor and the City Council shall strive to appoint and confirm at least:

(a) one (1) representative from each of the four (4) councilmember voting districts of the City;

(b) one (1) representative of the Antioch faith-based community;

(c) one (1) representative of the Antioch business community; and

(d) one (1) employee or student of the Antioch Unified School District.

(D) No one shall be excluded from the Police Commission because he or she has a criminal record.

(E) The following shall not be eligible to serve as a Police Commissioner:

(a) current sworn police officer or his/her spouse;

(b) current City employee or his/her spouse;

(c) former Police Department sworn employee or his/her spouse; or

(d) current or former employee, official, or representative of an employee association representing sworn police officers or his/her spouse.

(F) Commissioners shall not be issued and shall not display, wear, or carry badges that so resemble a peace officer’s badge that an ordinary reasonable person would believe that Commissioners have the authority of a peace officer.

On May 24, 2022, the Antioch City Council, under Consent Calendar Item F., voted 3-1 to create the Police Commission, with District 3 Councilwoman Lori Ogorchock opposing without explaining her vote and Barbanica absent.

Ogorchock Explains Votes for Appointments

Asked why she voted for the appointments when she opposed the formation of the commission, Ogorchock said, “Because it was going to happen no matter what. The division has to stop some place. So, I wanted to ensure my district was well represented by an individual with an appropriate background and Mahogany Spears fills that. She was very qualified.”

“Claryssa Wilson and Deer Valley High Senior Class President Corey Hawkins helped me choose Mahogany,” The District 3 councilwoman continued. “We interviewed three candidates. Mahogany is overqualified for this.”

Had Ogorchock voted against the appointments, the agenda item and appointees would have had to return at a future council meeting when Wilson, who supported the commission’s formation was in attendance.

Purpose of Commission

According to the City staff report for the item on Tuesday’s council meeting agenda, the purpose of the Police Oversight Commission is as follows:

• to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department’s policies, practices, and customs meet or exceed national standards of constitutional policing.
• advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch.
• facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.
• promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.
• develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.”

Public Speaker Says Some Commissioners Biased Against Police

During public comments on the appointment votes, former Antioch Councilman Ralph Hernandez, who is also a former Pittsburg Police Officer, said the commissioners, “could muddle the waters and cause problems for the community. Some of those you have proposed to appoint, have come up here many council times and criticized the police. They wanted them fired. They wanted them defunded. They already have a predisposition against the police. That is not what you want any commission to be. They have to be honest and open-minded not attack the police just because.” (See 1:26:00 mark of council meeting video)

Hernandez then spoke specifically against the appointment of Devin Williams. Ogorchock responded to those comments saying, “I just want to say one thing to all the individuals being appointed, tonight. I do not believe that you’re coming into this with a predisposed notion of making certain changes without hearing all the facts before you, each time it comes to you. I think you will have an open mind. You will listen to the public and you will do the public’s work, just as this council does. So, I hope and pray, and I believe in my heart that’s how this commission is going to act.”

She then moved approval of Williams’ appointment.

Limited Authority in General Law City

Unlike charter cities such as San Francisco, which has a Police Commission that oversees the San Francisco Police Department and the Department of Police Accountability, and “sets policy…conducts disciplinary hearings on charges of police misconduct…imposes discipline as needed and hears officer appeals from discipline imposed by the Chief of Police,” Antioch is a General Law city. Thus, the new commission has limited oversight power of the police department and does not have the authority to conduct matters such as the SF Police Commission can.

During the May 10, 2022, meeting in explaining the new commission’s role, Hernandez-Thorpe spoke of the police commissions in San Francisco as well as in Oakland, for which City Attorney Thomas L. Smith served as chair, “that actually have power. The Oakland oversight board had the power to fire the chief of police. And so that’s not what we’re creating, here today. We’re creating an advisory, oversight board.”

According to the meeting Minutes for the agenda item (#6), “any recommendations or policies would have to be codified by the City Council.”

Former Commission Chair Says New Commission Unnecessary

Asked if the Police Crime Prevention Commission could have handled the responsibilities of the new commission, former Chair Sandra White said, “Yes. If the mayor and the city council would have wanted. But they would have had to vote on that. They did not need to form a new commission. Our goal was to bring forth Neighborhood Watch meetings. But it was independent of whatever the police department was doing.”

UPDATE: Hernandez-Thorpe later shared, “The police oversight commission was not created to replace crime prevention commission. Crime prevention still exists and is under review in terms of purpose and scope of work.”

However, the commission has not held a meeting since Sept. 2021. A note on the Boards and Commissions page of the City’s website beneath the Police Crime Prevention Commission reads, “On April 11th, 2023, the Antioch City Council created an Ad Hoc Committee to define the purpose and structure of the PCPC. Please check back at a future date for more details.“

“It still exists,” the mayor reiterated. “We had a meeting about it a few months ago specifically working on its purpose. I put a pause on appointing new commissioners until the work group came back to council with their recommendations.”

Seven Appointees & Backgrounds

According to the City staff report: Because this is the initial appointment of commissioners, all seven members are vacant. The City Council shall strive to appoint the members as follows: One member representative from each of the four councilmember districts; one member representative of the Antioch faith-based community; one member representative of the Antioch business community; and one member representative that is an employee or student of the Antioch Unified School District.

Two commissioners will have one-year terms; two commissioners will have two-years terms; and three commissioners will have three-year terms.

Hernandez-Thorpe nominated, and the council approved the appointment of the following Antioch citizens to the Police Commission: (click on names for backgrounds)

One-year terms, expiring November 2024 – Alicia Dianne Lacey-Oha (Hernandez-Thorpe) and Devin Williams (Hernandez-Thorpe);

Two-year terms, expiring November 2025 – Porshe Taylor (faith-based community, chosen by Hernandez-Thorpe) and Leslie May (Torres-Walker); and for

Three-year terms, expiring November 2026 – Mahogany Spears (Ogorchock), Treva Hadden (Barbanica) and Harry Thurston (Wilson).

Neighborhood Watch Not Part of New Commission’s Responsibilities

White was also asked if Thurston, as the only former member of the previous commission, ever suggested taking on any of the responsibilities of the new commission she said, “No. He always said, ‘police business is completely separate than the commission business’.”

When reached for comment Thurston was asked the same question. He said, “when I was there, that commission was solely based off of Neighborhood Watch. It was outside of that commission to talk about oversight. Our role was to work with the public on crime prevention. It was not there to monitor the police. The chief was very strict about.”

“That role is a very valid one that works directly with the public to help prevent crime from happening to them,” Thurston added.

Asked if the new commission will continue to work with Neighborhood Watch he said, “We’ll be involved with that to some extent, to collect citizen opinion, so we can include that in our oversight responsibility. But I don’t think we will be involved in the Neighborhood Watch program. We might be going to the August Night Outs.”

“So, we will interact with the community. We’ll probably hold town hall meetings,” Thurston continued. “We want people to attend meetings so the public will have a say in the policing of their city. We want to make sure we have citizen input for everything we do.”

Asked who will be the liaison for the police department, Thurston said, “The police chief will be involved with the commission. He will be a key partner with us. He will be interacting with the commission as far as I anticipate.”

Powers & Duties of Commission

The new commissioner then shared from the ordinance adopted by the city council forming the commission, in Section 4-3.110 Powers and Duties, subsection “(E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require” and from subsection “(F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chief’s report in addition to such other matters as are relevant to the functions and duties of the Police Commission.”

Thurston also shared under Section 4-3.110 Public Reports, subsection “(B) The Police Commission shall provide annual public reports to City Council, City Manager, and City Attorney on the Police Department’s progress on Police Commission recommendations and other updates relevant to the mission of the Police Commission.”

Organizing Meeting in March

Asked when the first commission meeting will be held, where and how often Thurston said, “The only word I have is we’re going to get together in March. We will have to identify a chair and vice chair, and the administrative details.”

By Allen D. Payton

During their meeting on Tuesday, February 13, 2024, the Antioch City Council approved the redevelopment of the PG&E Service Center on Hillcrest Avenue on a 3-0 vote with Mayor Pro Tem Monica Wilson and District 2 Councilman Mike Barbanica absent. The project includes a new operations building, fleet maintenance, logistics shops and warehouse, warehouses, material storage and support structures. (See Agenda Item 3)

Located on 36.39 acres of the existing 56.15-acre parcel at 2111 Hillcrest Avenue just north of the Sunset Drive and Slatten Ranch Road intersection, as well as the Union Pacific Railroad railroad right-of-way and the Antioch BART station.

The proposed project involves the replacement and demolition of four existing buildings within the existing PG&E Service Center (Fleet Maintenance, Logistics Warehouse, Logistics Shops, and Operations buildings). Additionally, the proposed project would include the construction of new non-occupied support structures, a below grade parking area, circulation improvements, expansion of paved surfaces, and expansion of lighting infrastructure.

During the Planning Commission meeting on Jan. 17, 2024, Brett Badelle, Local Government Affairs Representative for PG&E stated the Antioch service center would improve service to customers, add beautification and have a positive impact on the economy. He also explained that the project would improve safety, reliability, resiliency and sustainability. On a 4-0 vote with two members absent and one vacancy, the commissioners recommended the council approve the project.

Spending $1.74 million for additional staffing, awarding $50K in Civic Enhancement Grants

Before regular Tuesday meeting will receive presentation on state open meeting law, again discuss hiring new city manager during closed session

By Allen D. Payton

During their regular meeting on Tuesday, Feb. 13, 2024, the Antioch City Council will consider adopting an ordinance banning advertising or organizing an illegal street race, sideshow or reckless driving exhibition on or in a public highway or offstreet parking facility. They will also consider spending $1.94 million for additional staffing and a Water Park Maintenance Fund and awarding $50,000 in Civic Enhancement Grants.

Before the regular meeting, at 5:00 p.m. the council and city staff will hear a presentation on the state’s Brown Act open meeting law, by Christopher Diaz of the Best Best & Krieger law firm, reminding them what they can and can’t do regarding serial meetings, matters allowed to be discussed during closed sessions, reporting out of closed session and their use of social media. Then during closed session beginning at 6:00 p.m. the council will once again discuss hiring a permanent city manager and one current lawsuit and two potential lawsuits.

Ban on Advertising or Organizing Illegal Street Races, Sideshows, Reckless Driving Exhibitions

Although during the Nov. 14, 2023, meeting, the council majority opposed making it illegal to be a spectator at a sideshow, the council will consider under Item 4 of the regular meeting agenda, make advertising or organizing an illegal street race, sideshow, or reckless driving exhibition on or in a public highway or offstreet parking facility a violation of the Antioch Municipal Code.

According to the City staff report on the item, “The California Vehicle Code (CVC) criminalizes engaging in motor vehicle speed contests, speed exhibitions, and reckless driving, including aiding and abetting these activities. Under state law, violators are guilty of a misdemeanor and face penalties including up to 90 days in jail, a fine of $1,000, or both, 40 hours of community service, and suspension of a perpetrator’s driver’s license for three to six months. Increased penalties are imposed on repeat violators or violations resulting in serious bodily injury.

Despite law enforcement efforts to enforce the existing State regulations, the City’s streets have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years. These events attract spectators. The presence of spectators encourages street racing to continue, which creates a public nuisance that generates noise, air pollution, an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical services.

California DMV reported a significant increase in 2021 in the number of reckless driving citations statewide and an 80% increase in excessive speed violations. The California Highway Patrol has reported as of May 2023 that, in the past five years, 264 collisions statewide attributed to street racing and sideshows, resulting in 30 fatalities and 124 serious injuries. Therefore, illegal street racing poses an imminent risk to the health and safety of participants, spectators, and the general public.

The Ordinance attempts to discourage illegal sideshows, street races, and exhibitions of speed within the City, by regulating the organizing or advertising of such activities. The following activities would be specifically prohibited:

• Knowingly organizing a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the City on a public street, highway, or in an offstreet parking facility.

• Advertising, within the City, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.

• Advertising online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway or in an offstreet parking facility.

The Ordinance targets a clear, limited population and gives proper notice to individuals as to which activities are lawful and which activities are unlawful. Furthermore, illegal street racing can generate significant revenue for organizers and advertisers. Advertising illegal activity is not constitutionally protected speech. The Ordinance includes proper exclusions to prevent interference with or inhibition of any lawful exercise of constitutionally protected rights of freedom of press and freedom of speech.”

Consent Calendar

Under the Consent Calendar Item F, the council will receive the City of Antioch Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023.

Awards for Civic Enhancement Grants

Then, under Item M. of the Consent Calendar the council will consider approving the award of $50,000 in the 2023-24 Civic Enhancement Grant Program. The program supports community events and improvement projects that originate with non-profit organizations. At the Regular Meeting of January 18, 2024, the Parks and Recreation Commission voted to recommend funding and the City staff is recommending the City Council approve a:

• $2,500 grant plus approximately $2,300 of in-kind City facility services to the Antioch Rotary Club;
• $1,500 grant to Be Exceptional for Funds to Expand Youth Programs for people with disabilities;
• $1,500 grant to Cancer Support Community to provide support and services to people and families impacted by cancer;
• $3,000 grant plus approximately $5,000 of in-kind City facility services to Celebrate Antioch Foundation to provide community special events in Rivertown;
• $1,000 grant plus approximately $3,900 of in-kind City facility services to Contra Costa Legal Services for informational sessions on avoiding fraud and scams at the Antioch Senior Center;
• $8,000 grant to Delta Learning Center for tutoring services primarily for elementary school students in English/ Language Arts;
• $3,000 grant to El Campanil Theater
• $2,000 grant plus approximately $1,500 of in-kind City facility services to Facing Homelessness to provide supplies and resources to the unhoused;
• $3,000 grant to Grace Closet for Expansion of Community Resource and Health Fair;
• $1,500 grant to Loaves and Fishes of Contra Costa to provide food for families, seniors, unhoused residents, and veterans;
• $8,000 grant plus approximately $300 of in-kind City facility services to New Generation Equity/STEAM4Real for Providing Sports/ Athletic activities for the community;
• $2,500 grant to the Police Activities League (PAL) to provide Sports/ Athletic activities for the community;
• $5,500 grant to RR Transitional Housing for the Youth Empowerment Monthly Seminar;
• $4,500 grant to SHARE Community for the Mobile Shower and Hygiene Service Program; and
• $1,500 grant to This Active Art for free art activities for the community.

Budget Amendments

Under agenda Item 6 the council will consider approving amendments to the 2023-24 and 2024-25 fiscal year budgets for staffing and other items totaling $1,941,673 as discussed during their meeting on Nov. 28, 2023 meeting. The budget additions will fund the following:

• Assistant to the City Manager – $279,125
• Human Resources Specialist reclassification – $31,333
• 5 Community Service Officers (Police) – $824,339
• 2 Dispatchers (Police) – $386,807
• Office Assistant (Animal Services) – $118,711
• Animal Services Techinician (Animal Services) – $101,358; and
• Water Park Maintenance Fund – $200,000.

Read the entire meeting agenda, here.

The meeting will be held in the Council Chambers inside City Hall at 200 H Street in Antioch’s historic, downtown Rivertown. It can be viewed via livestream on the City’s website, on Comcast local cable channel 24 or AT&T U-verse channel 99. To speak during public comments at either the beginning or end or the meeting or on any agenda item, you must be present at the meeting.

The pledge would reject any new, renewed public investments in gas or oil infrastructure in the city

“It does result in something if any of that comes about.” – Hernandez-Thorpe

Claims current atmospheric river storm is due to climate change caused by fossil fuel use

By Allen D. Payton

Today, Thursday, February 7, 2024, Antioch Mayor Lamar Hernandez-Thorpe made a world-leading commitment to reject public investments in new, renewed, fossil fuel infrastructure in Antioch and steer the city toward timely climate mitigation and resilience. 

“I’ve promised to address climate change head on,” saidHernadez-Thorpe. “We’ve ended oil and gas drilling in Antioch and, today, following a historic atmospheric river caused by climate change that has wreaked havoc across California, I have committed to end investing in new fossil fuel infrastructure. Moving away from fossil fuels will protect the health of our community, our air and water and leave a liveable planet for the next generation.”

Following the mayor’s press conference held earlier in the day, a press release on the matter was issue. It reads, “The pledge is a commitment to reject public investments in new, renewed or expanded fossil fuel infrastructure in the city of Antioch, CA. Fossil fuels are harming our families and communities. The average global temperature on Earth has irreversibly risen by at least 1.9 degrees Fahrenheit since 1880, with most of this increase occurring since 1975. Fossil fuels, including coal, oil and gas, are the largest contributor to global warming, accounting for 75% global greenhouse gas emissions and 90% of all carbon dioxide emissions.” 

“We applaud the city of Antioch’s first-ever commitment to rejecting new fossil fuel infrastructure,” said Dawny’all Heydari, Climate Campaign Manager, Advocacy for Pacific Environment, which works to protect people, wildlife and ecosystems around the Pacific Rim and the authors of the pledge. “The warnings from the international scientific community and recent catastrophic weather in California make clear that there is no time to waste in moving to a zero emissions world. We call on mayors across the United States and globally to follow Hernandez-Thorpe’s lead and say no to new fossil fuel buildouts.”

The press release further claims, “As a result of fossil-fueled global warming, Antioch will continue to experience longer, hotter and more common heatwaves, and increased flooding from increased chances of extreme precipitation and sea level rise.

In the last week, a historic atmospheric river made worse by the effects of the climate emergency has wreaked havoc on communities across California, causing at least 875,000 power outages, four deaths, record-breaking rain and flooding, and $11 billion in damages to homes and other property.”

PLEDGE BACKGROUND

By signing the pledge, the Mayor of the City of Antioch has committed to:

1. Mitigate Climate Change: We will prioritize the adoption of clean energy solutions, such as renewable energy generation, energy efficiency measures, and sustainable transportation systems, to significantly reduce carbon emissions and promote a low-carbon future.
2. Protect Public Health: By rejecting new fossil fuel infrastructure, we will improve air quality, reduce respiratory diseases, and promote a cleaner and safer environment for all, prioritizing the health and well-being of our residents.
3. Foster Sustainable Economic Growth: We will stimulate economic growth and create new employment opportunities by investing in renewable energy projects, energy-efficient buildings, and innovative sustainable technologies, supporting local businesses and attracting green investments.
4. Lead by Example: As city leaders, we commit to lead by example, demonstrating our commitment to climate action, inspiring other cities to follow suit, and contributing to the global effort to combat climate change.

Pacific Environment Rep, Hernandez-Thorpe Clarify His Pledge

Hernandez-Thorpe was asked what public investments and fossil fuel buildouts he is referring to, and if it’s the City’s gas pump used by the city-owned vehicles. Gwen Dobbs of Pacific Environment was asked the same question and passed them along to Heydari.

In response, the Climate Campaign Manager shared, “The mayor is committing to reject new, renewed or expanded public investments in the following fossil fuel infrastructure: oil and natural gas wells and drilling, coal mining, petroleum gas stations, bunkering facilities for ships and planes, power plants (including coal, oil, and natural gas), pipelines, oil refineries, transport terminals, natural gas processing plants, petrochemical plants and gas connections to new buildings.”

But while the city council can vote to approve or deny all those things, the City of Antioch has never invested in them, except for perhaps, possibly gas connections to new buildings that the city builds and owns. Hernandez-Thorpe, Heydari and Dobbs were then asked to further clarify the matter that if, by signing the pledge, the mayor is committing he will not vote to approve another home or commercial building in Antioch that has a connection to natural gas and that all new construction in Antioch must be all electric.

The mayor was also asked to further clarify what he’s committed to not doing and how far and wide the commitment reaches. Specifically, he was asked regarding “transport terminals” if he is also committing to not vote for a deepwater port along the Antioch shoreline if the ships that dock there use fossil fuels.

Challenged with the statement that the pledge really doesn’t mean anything in Antioch since the city doesn’t invest in the items listed, Hernandez-Thorpe provided clarity explaining, “It does result in something if any of that comes about. I would not support something like that. It doesn’t mean it can’t happen in Antioch.”

Speaking specifically about the City’s gas pump in the Maintenance Department’s yard he said, “We wouldn’t want to expand that. But we are working to expand to more charging stations and converting the city’s fleet to all electric. That’s the most obvious example. Our best option was to purchase hybrid vehicles for now, because the supply chain was preventing going all electric, which are matters beyond our control. We have to live in reality.”

Regarding the transport terminals, Hernandez-Thorpe said, “This wouldn’t preclude a deepwater port. What the pledge states is that there are fueling stations for ships. But we’re not stopping a deepwater port from being approved.”

“Our goal is to transition from this but not leave workers behind. There needs to be a balance,” he added.

Follows Other Actions Opposed to Oil and Gas Issues in Antioch

Today’s actions follow two others he has supported to reduce dependence on fossil fuels. In 2021, the mayor, following the lead of current Mayor Pro Tem and District 4 Councilwoman Monica Wilson and joined by District 1 Councilwoman Tamisha Torres-Walker, voted, in a split council action, to not renew the franchise agreement with the company that owns the natural gas pipeline that runs beneath the city. As a result, the pipeline owner, California Resources Production Corporation is suing the city costing thousands in fees to contract attorneys. CALIFORNIA RESOURCES PRODUCTION CORPORATION vs CITY OF ANTIOCH

In 2022, the council voted unanimously to ban future oil and gas drilling in the city, which does not prevent the only person who currently owns drilling rights in Antioch from doing so.

Creates new position of Community Engagement Coordinator, plus recruiting new City PIO

Offering new CM $251-$305K per year; woman-owned Illinois-based firm hired for executive search; council majority continues to expand size of city government

Barbanica wants transparent process, says council might need to wait until after Nov. elections

By Allen D. Payton

After over 10 months with an interim city manager and following two closed session meetings by the Antioch City Council to discuss the hiring process, a search began on Tuesday, Jan. 30, to fill the position. A post on the City’s Facebook page on Thursday, Feb. 1 reads, “The City of Antioch has initiated an open recruitment process for the position of City Manager. This is an exciting opportunity to play a key role in guiding the future of our community. Interested candidates can apply at antiochca.gov/city-manager-recruitment.”

This time the council opted to hire a search firm and conduct a nationwide search, unlike in September 2022 when the council majority simply promoted their friend, Con Johnson, from Acting City Manager to the permanent position. But no press release was issued to announce the current hiring process nor inform the public that a search firm was hired to recruit for the position.

The city manager is one of only two positions hired by the city council. Once a new city manager has been hired, then that person can hire for the positions currently filled with other city employees including Acting Assistant City Manager, Acting Police Chief, Acting Community Development Director and Acting Public Works Director.

According to District 3 Councilwoman Lori Ogorchock, who was absent for the meeting, the council made the decision to hire an executive search firm during their closed session meeting on Nov. 14, 2023, under the agenda item entitled, “PUBLIC EMPLOYMENT – Recruitment of City Manager”. But City Attorney Thomas L. Smith merely reported out that night, “Direction was provided to the human resources director and city attorney.” Another closed session meeting was held before the regular council meeting on Jan. 9th in which the “Recruitment of City Manager” was discussed. But again, Smith merely reported out that, “the city council gave direction to the city attorney and human resources director.”

The post on the City’s website shows the position includes an annual salary of $251,328 to $305,460 depending on qualifications, with benefits including: “Cafeteria Plan (City of Antioch pays 100% of Kaiser rate, up to family tier), Retirement: CalPERS Classic Members 2.7% @ 55, New PEPRA Members 2% @ 62, 457 Deferred Compensation: 5% of Base Salary (Executive Management), Life Insurance: 2X The employee’s base salary (max of $250,000) and a $450 monthly car allowance.

All applications must include a cover letter, resume, and five professional references (who will not be contacted without prior notice). For questions, call Ryan Cotton 847-380-3240, Ext 114. Applications are confidential until permission is given and the application deadline is February 28, 2024.”

Questions for City Staff, Council

Questions were emailed Friday afternoon to Antioch Human Resources Director Ana Cortez, Acting City Manager Kwame Reed, City Attorney Smith, as well as the mayor and council members asking if an executive search firm was hired to assist in the effort, and if so, who it is. They were also asked if multiple firms were interviewed before selecting one and if so, why wasn’t it done in open session of the council. Finally, they were asked how much the firm is being paid for their work.

Barbanica Told Search Firm He Wants Transparency

District 2 Councilman Mike Barbanica said he had requested during a council meeting last fall that all the recruiting process for the city manager be done in open session. But that did not occur.

“I also want an interview with the public being able to view it and the public being involved, some way because I want the transparency,” he stated.

Asked if the council should wait until after the November election to hire a new city manager Barbanica said, “If we get close to the time of the election, then my stance would most likely be to wait for a new council. But we’re 10 months away. It just depends how long this process takes. If it takes an extended period of time, then the new council should make the decision. But if it takes a few months, then yes, the current council should make the decision. We don’t want to go through it twice plus, pay a severance which would be expensive. It really depends on how quickly we get a list of qualified candidates.”

“I told the recruiting firm, what I’m looking for is transparency to council members, but to the public, too,” Barbanica continued. “I’m looking for someone who is a strong leader, someone who has experience and is not afraid to make tough decisions. That’s what I’m looking for in a city manager.”

“I don’t want to see the new administration coming in stonewalling the council members and stonewalling the press. The public has a right to know what is occurring in the city,” he stated. “Everything is a secret in this city and that’s what I’ve been banging my head against the wall about. It’s ridiculous.”

“We need very open dialogue between the staff, between the council, between the mayor and the public. That’s what I’m looking for in this position. If that’s not what they’re going to do coming into this position they won’t have my support,” Barbanica added.

Woman-Owned Illinois Search Firm Hired

Both Reed and Barbanica shared that the firm hired for the search is GovHR USA MGT. According to the Illinois-based company’s website, “GovHRUSA is a certified woman-owned business that provides comprehensive executive recruitment, interim staffing, human resources consulting and organizational analysis consulting services for local governments, intergovernmental organizations, school districts as well as other governmental and non-profit entities.”

In addition, the website reads, “GovHR and GovTemps have combined with MGT! This combination allows us to expand and enhance our ability to provide executive recruitment, interim staffing, human resources consulting, and organizational analysis to our government clients across the country.”

According to MGT Consulting’s LinkedIn profile, it “is a public sector consulting firm.”

Other City Positions Open

In addition to the recruitment for a permanent city manager, the same Antioch webpage on governmentjobs.com shows several other positions the City has available. They include the new Community Engagement Coordinator with an annual salary of$87,780 to $106,692; Assistant City Attorney with an annual salary of $177,000 to $215,136; a Public Information/Communications Officer with an annual salary of $107,388 to $130,524; part-time Doctor of Veterinary Medicine with hourly pay of $78.81 – $95.80; a part-time Animal Care Attendant with an annual salary of $35,484.80 – $44,366.40; and several police positions.

New Community Engagement Coordinator Position

The Community Engagement Coordinator will be part of the aforementioned Public Safety and Community Resources Department, which does not include the Police Department, that the city council majority created last year, as part of their repeated actions that has increased the size and scope of the city government.

The information about the new position on the governmentjobs.com website reads as follows:

The City of Antioch is currently accepting applications for the Community Engagement Coordinator  position located within the Public Safety and Community Resources Department’s Violence Intervention and Prevention Division. The…duties may include promoting and coordinating specific activities within Violence Intervention and Prevention Programs and/or Social Justice Programs; promoting and collaborating in Community-Based Organizations such as juvenile justice agencies; coordination of program events, and creating the marketing materials including news releases, flyers, schedules of events, pamphlets and brochures; budget management; staff and volunteer supervision and training.

Competitive Compensation Package:

Monthly Salary DOO/E: $7,315 – $8,891  (Next Salary Increase of 3% Scheduled for October 2024)  | Collective Bargaining Unit Representation: Confidential BU | Tentative Agreement  | Benefits 

• Benefits: Cafeteria Plan (City of Antioch pays 100% of Kaiser rate, up to family tier)
• Retirement: CalPERS Classic Members 2.7% @ 55, New PEPRA Members 2% @ 62
• 457 Deferred Compensation Option
• Life Insurance

Under general supervision, to plan, organize, promote, facilitate and coordinate various community engagement, social, cultural, and youth activities. May exercise technical/functional supervision of subordinate and volunteer staff.  Perform related work as required.

Examples of Duties

The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.

1. Plan, organize, promote, facilitate and coordinate regularly scheduled activities, special events and services.
2. Train and provide technical/functional supervision for subordinate and volunteer staff.
3. Prepare and maintain records and reports on activities.
4. Evaluate program effectiveness and provides recommendations for improvement or modification.
5. Assist in the development and implementation of the Division’s goals and objectives, policies, procedures and work standards.
6. Act as City staff liaison to outside boards, groups and committees, and the public regarding program offerings and coordination of services. May hold community meetings and organize outreach events to increase engagement with programs and initiatives.  
7. Promote and coordinate specific activities within violence intervention and prevention programs; prepare program events and facility marketing material including news releases, flyers, schedules of events, pamphlets and brochures; promote communication with the community about crisis intervention resources.
8. Promote participation and collaboration in violence intervention and prevention efforts from local stakeholders including City departments, Community-Based Organizations (CBO), juvenile justice agencies, and faith-based organizations.
9. Participate in the preparation and administration of the Public Safety and Community Resources program budget for assigned area; submit budget recommendations; monitor expenditures; oversee and monitor grant programs and subcontracted services.
10. Participate in the selection of staff for assigned area; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline procedures.
11. Respond to inquiries and concerns regarding programs and activities; research and resolve conflicts as required.
12. Effective engagement and interaction with the community, youth, City’s personnel, partner organizations and allied agencies.
13. Maintain records and develop reports concerning new or ongoing programs and program effectiveness; maintain and file assigned programs, records and reports; prepare statistical reports as required.
14. Cultivate relationships across diverse communities to provide resources and new opportunities for community members.  
15. Assist with the writing, editing, and review of program development and implementation documents.
16. Facilitate meetings with service providers and community groups related to coordination of services within the jurisdiction, identification of needs and priorities for new or expanded services, and other items pertinent to assisting with management of the City’s response to violence intervention and prevention.
17. Provide updates on programs and activities to the community, City Council, Community Based Organizations, and state and federal agencies; and prepare and submit progress reports for grant programs. 
18. Perform related duties as required.

No responses were received about the process for hiring the search firm nor how much the City paying them prior to publication time. Please check back later for any updates to this report.

To be discussed Tuesday night January 30, 204

Plus, 7 other items including Wilson’s gas station moratorium, repealing city cruising ban due to new state law; presentations on homeless services, Community Response Team

By Allen D. Payton

During a special meeting Tuesday night, Jan. 30, 2024, the Antioch City Council will receive three presentations including one on Unhoused Resident Services and discuss eight items requested by council members including a possible ballot measure for infrastructure and/or programs under agenda Item 5. requested by Mayor Lamar Hernandez-Thorpe, and a moratorium on new gas stations, proposed by Mayor Pro Tem and District 4 Councilwoman Monica Wilson.

The meeting will begin at 6:30 p.m. and be held at the Nick Rodriguez Center, 213 F Street in Rivertown.

The other two presentations will be on the City’s Youth Services Network and on the California Violence Intervention and Prevention (CALVIP), the City’s Community Response Team and raising awareness against domestic violence.

On the gas station moratorium discussion under agenda Item. 10, city staff offers basic options that the Council could consider including: a temporary moratorium on approval of new gas stations or a ban on new gas stations. In addition, the City could consider a ban on the expansion of new pumps at existing gas stations.

The other six items requested by council members for discussion and possible placement on a future council meeting agenda for votes include the following items:

4. Discussion on the Antioch Alert System requested by District 2 Councilman Mike Barbanica.

6. The Contra Costa County A3 Miles Hall Crisis Call Center requested by District 1 Councilwoman Tamisha Torres-Walker.

According to the staff report, A3 is the county’s approach to providing behavioral health crisis services to anyone, anywhere, at anytime in the county. Annual Measure X sales tax revenue supports the center, mobile response teams and connection to follow-up care for those in crisis. A3 has grown from a pilot project in 2021 to now operating 24/7. Currently, A3 responds to about 200 calls and dispatches 30 mobile teams per week. They helped over 2,900 callers in 2022 and expect that number to grow to more than 4,500 people this year.

7. Hiring incentives for city employees requested by Hernandez-Thorpe.

8. Permits for landlords renting to family members requested by Barbanica.

9. Discussion on the City’s official poet laureate program requested by Torres-Walker.

11. Repealing the City’s ban on cruising. According to the brief description of the agenda item, staff is recommending that the City Council direct staff to prepare an ordinance to repeal the City’s local ban on cruising, set forth in Section 4-5.1009 of the Antioch Municipal Code (AMC), which is now preempted by State law effective January 1, 2024.

Cruising Now Legal in California

According to the city staff report by City Attorney Thomas L. Smith, “On October 13, 2023, Governor Newsom signed into law AB 436, which amends Section 21100 by removing subdivision (k) “Regulating cruising” from the traffic matters that local agencies may regulate. Effective January 1, 2024, cruising bans adopted by cities are no longer authorized under State law. Therefore, cruising is a legal activity within the State of California. Existing City bans are now preempted by State law.”

State Senator Steve Glazer was absent for the vote but State Assemblyman Tim Grayson, who is running for Glazer’s seat, voted for the bill.

Community Response Team Report Details

According to the Community Response Team report, since Oct. 2022, they have responded to 1,600 Dispatch calls of which they had 51 accompanied the Antioch Police Department, 573 Welfare Checks and 293 for Mental Health Related Services. In addition, most of the calls were made during the hours of 6am-11pm, with 12pm-5pm being the peak hours of conducted services.

No votes will be made during the meeting just direction to staff. See complete meeting agenda.

Vineyard Crossing Preliminary Development Plan includes 71 homes, 70 ADU’s

By Allen D. Payton

During their meeting on Tuesday, Jan. 23, 2024, the Antioch City Council will consider a new type of residential development consisting of 71 single-family residences (SFRs) and 70 accessory dwelling units (ADUs) on 71 residential lots. The 14.6-acre project site is located north of Oakley Road and west of Phillips Lane. ADU’s, formerly referred to as “in-law units” or “granny units” have become a significant form of in-fill development in the past two years following approval of new state legislation.

According to Selna Partners law firm, “In 1982, California allowed the construction of ADUs statewide, but gave local governments control over where to locate and how to regulate them. That changed in 2016 when the State Legislature approved bills requiring cities and counties to allow ADUs on most residential lots, preempting local zoning. More than 24,000 ADUs were permitted in 2022, up from 1,000 in 2016. State data indicates that currently 20% of the housing units built annually in California are ADUs, which is the equivalent of 20,000 new homes.”

Furthermore, “in 2022, the Legislature passed yet another round of bills to combat local resistance. The most impactful were those that enabled ‘mandatory’ ADUs: structures that met specific, basic criteria essentially could not be denied by a local government. 2022 bills, AB 2221 and SB 897 resulted in amendments to the California Government Code dictating that an ADU with the following characteristics, must be approved by the local planning and building department(s) with no discretion from a zoning board or planning commission:

• A detached structure that does not exceed four-foot side and rear-yard setbacks for a lot with an existing or proposed single-family dwelling.
•  800 square foot floor area limit.
• 18-foot height limit, plus two feet for a single family residential zoned parcel to accommodate a roof pitch aligned with the pitch of the existing house.”

According to the City staff report on the agenda item #, “The proposed unit mix includes three different SFR floor plans that range in size from 1,492 to 1,697 square feet (sf) and two different ADU floor plans that range in size from 603 to 750 sf. Each SFR included in the proposed project would have an attached two-car garage with a driveway and each ADU would include a driveway for one vehicle parking space.”

Also according to the City staff report, “The Preliminary Development Plan (PDP) the council will review is a non-entitlement action and does not require environmental review. The future project application review would require compliance with the California Environmental Quality Act (CEQA). The purpose of a PDP is to gather feedback from the Planning Commission and others in order for the applicant to become aware of concerns and/or issues prior to final development plan and tentative map submittal. As standard practice, preliminary plans are not conditioned; rather a list of needed items, information, and issues to be addressed is compiled for the applicant to address prior to submitting an entitlement application.”

The meeting begins at 7:00 p.m. in the Council Chambers inside City Hall at 200 H Street following a 5:30 p.m. Closed Session on four legal matters. See the complete meeting agenda. The meeting can be viewed online via livestream on the City’s website or on Comcast local cable channel 24 or AT&T U-verse channel 99.

By Allen D. Payton

After discussing the matter with Rivertown business and building owners for the past two years and with at least 35 officers still on paid leave due to the text scandal, during their first meeting of this year on Tuesday, Jan. 9, 2023, the Antioch City Council agreed to hire a private security firm to patrol city parking lots in the historic downtown.

According to the city staff report, the contract with Brentwood-based Shield Protection & Public Safety, Inc., DBA Spearhead Protection, for private security services of City-owned assets and parking lots in the Rivertown area for an amount not to exceed $50,000 in fiscal year 2023-24 (ending June 30th) and $100,000 in fiscal year 2024-25.

The company has worked with public and private clients throughout the state. The provided security service will include seven hours of security between 5pm and midnight, seven (7) days a week including holidays. Spearhead Protection will provide one uniformed security guard that will patrol the Rivertown area in a marked security vehicle performing checks at nine locations in the area.

Background: Over the past 18-24 months, Rivertown business owners and their customers have experienced an increase in criminal activities either on or near city-owned public parking lots. In late 2022, a group of business owners began working with City staff on identifying viable solutions to improve the safety of the Rivertown area. In addition to several of the businesses hiring their own private security, one proposed solution consisted of the City hiring a private security firm to monitor City-owned assets and parking lots. The security service provider would function as a visual deterrent and would have the ability to identify potential safety issues and report those issues to Antioch Police.

At their December 13, 2022, Council Meeting, the Antioch City Council gave direction to the staff to issue a request for qualifications (“RFQ”) for private security services. Unfortunately, a series of staff changes resulted in the RFQ being issued a total of three times. Thus, it wasn’t until September 22, 2023, that eight private security companies submitted their qualifications for consideration. Staff determined the best qualified company for this effort to be Spearhead Protection.

The council approved the contract on a 5-0 vote.