Primary leader, Betty Smith recently honored as Antioch Citizen of the Year for Lifetime Achievement; pay property taxes but don’t have to according to County Assessor

By Allen D. Payton

During the Antioch City Council meeting on Tuesday, April 12, 2022, three long-time community leaders and volunteers spoke out against the city council and staff locating the new Public Safety and Community Resources Department at the Rivertown Resource Center on W. 10th Street (See related article)

One of those leaders is Betty Smith who was recently honored by the Antioch Chamber of Commerce as the 2021 Antioch Citizen of the Year for Lifetime Achievement. (See related article)

The organizations located at the Rivertown Resource Center that will be displaced are Delta 2000, Community Violence Solutions, Antioch Rivertown Jamboree, Center for Human Development, An Elderly Wish Foundation, East County Senior Coalition, Pop Up-Patty, Rivertown Community Radio, Eden Council for Hope and Opportunity (ECHO) Housing, Todos Unidos, Family Purpose/Casual Recovery, Mission Possible Community Development Center of Antioch (MPCDCA), Kiwanis Club of the Delta-Antioch, Empowerment Program:  Supporting LGBTQ Youth, Prison-From-The Inside-Out, and Village Keepers African American Wellness Center.

“The Delta 2000 Rivertown Resource Center’s mission is to facilitate coordination of services between public, private and community groups to create a healthy and safe community for Contra Costa County,” said Betty Smith reading from prepared remarks, while visibly emotional. “Delta 2000 continues to be the leading resource agency in East County dedicated to increasing the effectiveness and impact of the nonprofit sector by providing technical assistance and support, coordination resource development programs, conduction needs assessments and assisting community-based organizations serving the East County Region.  Delta 2000 offers support services which allow groups to focus on the work of providing vital services.”

“For over 33 years Delta 2000 has assisted more than 86 grassroots organizations to incorporate…and pursue a 501c3 tax exempt status from the IRS,” she stated.

Former Antioch mayor and current Antioch School Board Trustee Mary Rocha spoke next, saying, “I was at the meeting where the city manager plus five department heads were present to let us know that it was possible that they would take over the Rivertown Resource Center to locate five future programs they want to develop.”

“My question is why displace 16 non-profits that support the community when the City has a large empty building at the Nick Rodriguez Center?” she asked. “The Senior Center is located in a small portion of that large building and the building is operated by the city. You could consider using parts of that building for your employees’ needs.  The programs the City would like to create would be beneficial to seniors at this location and surrounding community.”

“I think you need to reconsider,” Rocha added.

“I’m on the board and use the services at the Rivertown Resource Center,” said Bill Chapman. “We’ve had 10 unidentified staff tour the building and not one of them displayed a business card.”

“They taped a message on our front door and said they were going to inspect our exits,” he continued. “They came and took pictures of every room and every item in each room. I request we get a copy of (Interim City Manager) Cornelius Johnson’s report so we can put in our two cents.”

“You can’t produce one document,” Chapman stated. “We had to produce a copy of all our leases and within 24 hours. We did that.”

“What do we get to say on our side?” he asked. “The building is safe. We need a place where our volunteers can go after 5:00 p.m. because many of them work other jobs.”

Questions for City Staff, Council Members

In an email Wednesday morning, April 13 Interim City Manager Con Johnson, all five council members and Assistant City Manager Rosanna Bayon Moore were asked the following questions:

“Is what the three representatives of Delta 2000 and the Rivertown Resource Center, Mary Rocha, Betty Smith and Bill Chapman, said at last night’s council meeting correct, that the city is planning to use that building for the new Department of Public Safety and Community Resources and displace 16 non-profit organizations?

If so, what is the timeframe and how much notification are you going to give the organizations?

When do you plan to launch the two new services – mental health crisis response and violence intervention and prevention? When are you planning on moving them and the other five services into the Rivertown Resource Center?

When are you planning on hiring the director for the new department? Do you already have someone in mind for the position?

Has the city considered as Mary Rocha suggested, using the Nick Rodriguez Community Center instead?”

They were then asked if what Chapman said about how city staff treated them is true. “If so, is that the way long-time community leaders and volunteers should be treated?”

Councilwoman Torres-Walker was specifically asked, “As a non-profit organization leader, is this how you and your organization would want to be treated? Were you aware that the new department would use the Rivertown Resource Center and displace 16 non-profits? Was that part of your plan when you proposed the new department? If not, what will you do to help those organizations and address their concerns?”

They were all also asked, “Since staff for four of the five responsibilities of the new department – which excludes one which can’t be relocated, Animal Services – are currently located at either City Hall or the Antioch Community Center, isn’t there space at either of those buildings for the new department head and coordinators of the two new divisions?

Is the new department really necessary since five of the responsibilities are currently handled by other, existing city departments? Why not just put the two new divisions at the PD and leave the others where they are and hire a coordinator at a much lower cost?”

Ogorchock Only One to Respond

“I will tell you it is,” in response to question if it’s true what the leaders. “If you listen to the meeting before last the mayor said something about this building being used as the new center.  I then said there has been no further discussion regarding the use of this building for this purpose, it has not been brought back to council for consideration, he flat out said this is the spot!  I guess he knows he has the votes for this to happen.”

Regarding the timeframe and notification to the organizations, she replied, “I have no clue as again as this item has not come back before council to discuss.”

Regarding launching the two new services Ogorchock wrote, “We do not have a vendor for the mental health crisis response as of yet and the other has not been discussed.”

As for when the director for the new department, she responded, “I am not sure on this one either.  I believe that the ad-hoc committee is to bring back to council the vision, values and scope to council for discussion, but who knows?”
In response to the question if the city has considered using the Nick Rodriguez Community Center instead, the District 3 councilwoman responded, “Nope, and they (3) are not looking at any other spot.

Bill Chapman said, ‘We’ve had 10 unidentified staff tour the building and not one of them displayed a business card. They taped a message on our front door and said they were going to inspect our exits. They came and took pictures of every room and every item in each room. We had to produce a copy of all our leases and within 24 hours.’  He is correct, they have had several individuals going through the building.  None of which have given a business card to be in the building other than to say we are here to look at the premises.  What Mr. Bill is talking about is there was a meeting a week ago where 6 staff, Con, Thomas, Rosanna, John, Forrest and Tasha were all present. Why so many, you got me.  Mr. Bill asked Con for a card, he said he was just at an event and he handed out all of his cards!  Then he asked Thomas who just flat out said I don’t have any on me, then Rosanna stepped up to the plate and handed out her cards.”

“It is sad that they are booting out the very organizations that this new department is supposed to help.  Is that not an oxymoron?” Ogorchock continued.

Regarding space at either City Hall or the Antioch Community Center for the new department head and coordinators of the two new divisions, the councilwoman replied, “There is, but the 3 want a new dept.”

To the final questions about the necessity for the new department, placing the two new divisions at the PD and hiring a coordinator at a much lower cost Ogorchock wrote, “I’ve been asking this question all along.  I have no clue other than this is what Tamisha wants and since they all vote for each other’s items, is that to be considered a quid-pro-quo? This is a misuse of taxpayers’ dollars if you ask me.”

No other responses were received as of Monday, April 18 at 4:30 p.m.

Delta 2000 Paying Property Taxes But Doesn’t Have To

Delta 2000 pays an annual Unsecured Property Tax bill for use of the building of $1,061.92 based on an assessment of $95,579.

Questions were sent Friday, April 15 to County Assessor Gus Kramer and County Tax Collector Russell Watts asking, why they are being charged property taxes and do all government owned buildings pay property taxes.

Watts forwarded the email to County Auditor-Controller Bob Campbell,

“This is a Possessory Interest Bill,” Campbell replied. “The City owns the property but a portion of the property, as determined by the Assessor, isn’t used for a qualifying not taxable or tax-exempt status.”

However, Kramer responded, “All the non-profits have to do is apply for an exemption as a non-profit with the assessor’s office and they will not get a bill.”

He later added that the non-profits have to file their exemption paperwork with the federal government, as well.

By Allen D. Payton

In his latest City Manager’s Bi-Monthly Update emailed on Wednesday, April 12, Antioch’s Interim City Manager Con Johnson promoted a ribbon cutting event he attended in Pittsburg for an affordable housing community by a company that might build similar homes in Antioch. The photo used is from the groundbreaking for the project that occurred, previously. CM Bi-Monthly Update 041222

He also promoted the Kitten Shower at the Antioch Animal Shelter that occurred last Saturday, April 9.

In addition, Johnson’s update promoted City Council Redistricting, although they chose their final map, during Tuesday night’s meeting in time for the April 17 deadline, thus completing the process.

That announcement reads: “CITY COUNCIL REDISTRICTING The City of Antioch is redistricting after the 2020 Census count. The City Council is holding hearings to receive public input on where district lines should be drawn. For more information email redistricting@antiochca.gov or call (925)779-7008.”

Following is the email message with link to the Update as it appeared in the Herald’s email account:

Questions for Con

The following questions were sent to Johnson on Wednesday afternoon, April 13 asking, “Why doesn’t it read ‘Interim City Manager’s Bi-Monthly Update’ since that’s your actual title? Who does the editing for it, you or someone else?”

He was also asked, “when will you publicly apologize at a council meeting to the council and public for lying on your resume about your qualifications as a retired police captain when that has been proven to not be true and the mayor admitted so, the night he introduced you during the first council meeting in your position?”

As of Thursday, April 14 at 1:15 PM Johnson did not respond.

Please check back later for any updates to this report.

Has confusing name, director’s compensation will be $275,069 to $327,382 per year; no word on if other department heads will get cut in pay with fewer responsibilities; Torres-Walker redefines term “public safety”; will cost $1.5 million to refurbish Rivertown Resource Center and displace 16 non-profit organizations located there

By Allen D. Payton

The new Antioch city department, with the temporary and confusing name of Public Safety and Community Resources Department, which has nothing to do with police services, moved forward Tuesday night, Feb. 22, 2022, when the city council voted 4-1 to form an ad hoc committee to assist in the formation and determine the scope of activities. Only District 3 Councilwoman Lori Ogorchock voted against formation of the ad hoc committee. The council also approved the new class specification and salary and compensation for its director at $275,069 to $327,382 per year.

The council then approved forming the ad hoc committee and appointing Districts 1 and 4 Councilwomen Tamisha Torres-Walker and Monica Wilson to it during their March 8 meeting on a 5-0 vote.

New Department Responsibilities, Torres-Walker Redefines Term Public Safety

The department will include, but not be limited to, the existing services of Animal Control, currently part of the Police Department; Youth Services Network Manager, currently part of the Recreation Department; Code Enforcement, Community Development Block Grant (CDBG) program that are currently part of the Community Development Department, and the Unhoused Resident Coordinator, currently part of the city manager’s office.

The only new services of the department will be mental health crisis response, and violence intervention and prevention, both of which could be handled by the police department.

In choosing a name for the ad hoc committee, Ogorchock said using the words public safety means police to most people and the name is misleading, and former police lieutenant and Mayor Pro Tem Mike Barbanica said when he hears public safety, he thinks police and fire. But District 1 Councilwoman Tamisha Torres-Walker, who’s been pushing for the formation of the new department said “I think framing public safety as just policing is misleading. I’ve been having these conversations for over 13 years in my career as an organizer. So, a lot of us have decided that public safety is a lot more than policing. It’s about quality of life, environmental justice, youth services, housing. Public safety is about economic dignity, access to jobs, clean water, clean air. All of those things, not just policing. Policing is a part of public safety and we have forgot about that as a community. And I think being able to have this department be called the Department of Public Safety and Community Resources will also help reorient our community to understand that public safety doesn’t just mean policing. It also means access to quality, well organized resources in the city.”

Mayor Lamar Thorpe said he’s fine with including public safety in the name of the ad hoc committee and that “Public Works are part of public safety because they keep streets repaired”. Councilwoman Monica Wilson went along with the use of public safety in the ad hoc committee’s name.

Questions Go Unanswered by Mayor, Three Council Members and City Staff

The following questions were sent to the five council members and city staff on March 8:

“Since the new Public Safety and Community Resources Department will include, but not be limited to, the existing services of Animal Control, currently part of the Police Department; Youth Services Network Manager, currently part of the Recreation Department; Code Enforcement, the Unhoused Resident Coordinator, and Community Development Block Grant (CDBG) program that are currently part of the Community Development Department, and the only new services of the department will be mental health crisis response, and violence intervention and prevention, is a new department really needed?

Can’t both of the new services be handled by the police department and leave the current services where they are?

Finally, since you will be paying the director of the new department at a cost of $275,069 to $327,382 per year, will the police chief and directors of the other departments who currently oversee the five existing services be given a pay cut since they will have less responsibility and to offset the cost for the director of the new department?

If you must use the name of the new department, couldn’t you, instead simply hire a Public Safety and Community Resources Coordinator, at a much lower cost than a department head, who can work with each of those services and each of the department heads that currently and would oversee the seven services and either answer to the city manager or assistant city manager?

Or do some of you already have someone picked out for the position of director for the new department and some commitment has already been made for it?”

Ogorchock Calls it a “Mini City Hall”, Will Displace 16 Non-Profits from Rivertown Resource Center

Ogorchock was responded by writing, “I have voted against this new dept., since the onset.  These depts., are currently under different directors already.  You are forgetting the cost of the refurbishment of the old PD to the tune of 1.5+ million of taxpayer dollars. You’ve also left off Environmental Services. When and if the old PD is used, all of the nonprofits will be kicked out, left to find another spot to do the work for our residents!” She’s referring to the use of the Antioch Rivertown Resources Center on W. 10th Street to house the new department.

Regarding cutting the salaries for those department heads currently handling the existing services she wrote, “I doubt that will happen, if it does I can just about guarantee they too will be leaving the city, and go where they are appreciated.”

In response to merely hiring a coordinator instead Ogorchock replied, “It is my understanding that this dept., will be too big, it will be a mini city hall! Look at the number of employees that will fill it, code enforcement alone will be 14 officers, manager, and 2 technicians, (I think).  I could be off by 1.”

In response to the question if someone has already been picked out as the department head she wrote, “I believe they do, I am not privy to that information.”

Other Questions for Council & City Staff

Additional questions were asked of the council and staff including, “On a side note, I saw a job opening for the Unhoused Resident Coordinator. Is that old? Or is it new and Jazmin Ridley is no longer in that position? If so, did she take another position on city staff or leave city staff? On another side note, why does the city need another interim chief of police? Isn’t our current Interim Chief of Police Tony Morefield doing the job that’s needed to be done?”

Ogorchock responded to the first question writing, “Jazmin was not a full-time employee, her position is now going to be a full time job.  We authorized the budget on our last budget cycle.  This is a very important position, we need to continue the work on a full time basis.”

To the second she replied, “You’re asking another question I’ve asked.  I did so when I was interviewed by KRON 4. You may want to watch that interview as I asked several questions, including that this individual needs to go thru what all other officers that are hired from the outside.  Then listen to Lamar’s interview indicating Steve was/is the new Interim Chief of Police.”

No other answers were received as of Tuesday, April 12 at 5:00 p.m.

Before new chief on staff leaving city without a police chief during that time; violated Morefield’s rights as a city employee and police officer; still police chief as of Friday, March 25

By Allen D. Payton

It was reported earlier this month by multiple sources who all chose to not be identified, and now confirmed with copies received anonymously on Thursday, March 24, 2022, that on Thursday, February 24, 2022, at 8:49 AM, Interim Antioch City Manager Con Johnson sent a letter by email to current Interim Police Chief Tony Morefield, that Morefield had been terminated. Johnson copied all five city council members, plus City Attorney Thomas Lloyd Smith, the president of the Antioch Police Officers Association Corporal Steve Aiello and Dr. Steve Ford.

It was the day after Mayor Lamar Thorpe announced the hiring of Ford as the city’s new interim police chief, but who was not on city staff at the time, as he had not yet passed his background check. That left the city without a police chief for a little more than an hour and possibly longer as it’s been reported that Johnson met with Morefield earlier that morning to inform him of the decision. (See related article)

According to the reports, immediately after receiving the email, Smith went to Johnson’s office and told him he needed to retract it. That is assumed what Johnson did in a following email at 10:05 AM the same day. But it is unclear because in that second email the interim city manager wrote he was “tracking” the letter of termination, not retracting it.

Because Johnson included Ford in the emails, they no longer have protection as a personnel matter according to an outside attorney consulted by the Herald. Yet, Smith has refused to release them to the media, even after multiple Public Records Act requests were submitted.

Also, according to the reports, the announcement of Morefield’s termination quickly spread throughout the Antioch Police Department and had also been previously announced to other department heads by Johnson.

Questions for Johnson Go Unanswered

An email was sent on Monday, March 7, 2022, to Johnson, copying the city council members, City Attorney, Morefield, Assistant City Manager Roseanna Bayon Moore and city Public Information Officer Rolando Bonilla with the following: “I’ve been informed that an email was sent out by you, as the interim city manager to council members and city staff in which you announced you had fired Interim Police Chief Tony Morefield and a follow up email in which you wrote that you were tracking those emails. Please provide copies of those emails.

Did that mean you’re tracking where those emails are sent and to whom by those who received it? Or did you intend to write that you’re ‘retracting’ the previous email? If the latter, was your action retracted? If not, what day did you fire the interim chief? (That last question has been answered as Morefield continued in his position as of Thursday, March 24).

Why did you believe it was necessary to send out such an email? Had Dr. Ford already passed his background check by then? Or were your emails sent out prior to Lamar making the announcement of Dr. Ford’s hiring at the press conference, to which at least three of the other four council members weren’t invited and who also knew nothing about the appointment? (It wasn’t clear at the time if Johnson’s emails were sent on Feb. 23 or 24).

Is that the normal procedure and standard practice for how things were handled in the City of San Francisco and/or in the SFPD while you worked there? Send out an email blast announcing an interim department head has been fired?

Why did you retract it, assuming that’s what you intended to write in your second email? Was it because it wasn’t true? Or because you had changed your mind? Did someone ask or tell you to do that?

If Dr. Ford hadn’t yet passed his background check by then, has he passed it, yet? If so, when is his start date? Also, won’t Interim Chief Morefield simply return to his role and title as a captain within the department once Dr. Ford starts?

If one of you doesn’t provide copies of the emails to me by Tuesday, March 8, 2022, at noon, please consider this is a formal Public Records Act request for copies of the two emails.

Then once I receive them, I’m sure I will have more questions.

Thomas, did Con violate personnel protections for Tony by sending out that email to others on city staff and Dr. Ford who was not yet on staff at that time?  Are you the one who directed Con to retract his first email?

How could Tony be fired without due process? Isn’t he protected by the Peace Officer Bill of Rights and as a city employee? AB301

Con, shouldn’t you have known that as a former police manager? When did you inform Tony of your decision to terminate him? Was it before you sent out the email? At what time was his termination effective? Was it announced to anyone else prior to the first email being sent out? Was another leader in the APD given the position of interim police chief between the time of the first email and the second one retracting the first? If so, when did that occur? Who was assigned that role? Was it Captain Trevor Schnitzius?”

No responses were received as of Friday, March 25 at 5:00 p.m.

Outside Attorney Says Emails Are Not Privileged

The Herald sought legal advice on the matter from an attorney who wrote the following, which was also shared via email with City Attorney Smith, Johnson, the city council members, Morefield, Bayon Moore and Bonilla shortly after 5:00 p.m. Thursday, March 17:

“In a case entitled City of San Jose v. Superior Court (2017) 2 Ccal.th 608, the California Supreme Court said that emails sent by City Officials (in that case, they were emails generated by City Council members) which relate in any way to ‘the conduct of public business’ are required to be disclosed under the Public Records Act (specifically, Government Code Section 6252(e)) even if they are sent from the public official’s personal cell phone.  There is no doubt that the email to Acting Chief Morefield from the Interim City Manager Con Johnson concerned ‘the conduct of public business.’  Moreover, there cannot possibly be a privilege attached to the email, as it was not sent to seek advice from the City Attorney, but was essentially ‘blasted’ to a bunch of people, including the person who was supposedly replacing Morefield, who was not even a City employee at the time, and others, who had no legal right to know about this ‘personnel matter’ which should have been confidential under penal code section 832.7.  Since Johnson sent it to people with whom he shared no legal privilege of confidentiality, and who otherwise had no legal right to know what was happening to Morefield, any claim that the email was ‘privileged’ is total nonsense.”

The Herald wrote smith that the emails were expected to be received on Friday, March 18. They were not.

City Attorney Fails to Respond to PRA Request Within 10-Day Legal Limit

Government agencies are required to respond to Public Records Act requests within 10 business days. The city attorney was required to respond to the Herald’s PRA request dated March 8 by Tuesday, March 23. But no response was received from Smith even as of Friday afternoon at close of business.

Councilmembers Refuse to Share Letter, Email

Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock each said they would not release the emails to the Herald. However, earlier this week, Barbanica posted a video about Johnson’s letter and email. But that has since been removed.

Copies of Letter and Email Received by Herald March 24

On Thursday afternoon, March 24 copies of Johnson’s letter and his follow up email were received by the Herald from someone who chose to remain anonymous. The letter reads as follows:

“To: Tony Morefield

Captain of Police

FR: Cornelius H. Johnson

Interim City Manager

Date: February 24, 2022

Subject: Letter of Termination

Confidential

Captain Morefield,

Effective immediately, your employment with the Antioch Police Department as the Interim Chief of Police has been terminated. Please cease and desists [sic] with any further duties or responsibilities that are associated with the Interim Chief of Police position.

I want to thank you for your service while serving as the City of Antioch Interim Chief of Police. I wish you the best in your future professional endeavors.”

Johnson’s Follow-Up Email “Tracking” Termination Letter

In an email to Morefield, copying the same individuals, received at 10:05 a.m. the same day Johnson wrote:

“Subject: Letter of Termination

To All concern [sic]

Due to the personnel sensitivity, I am immediately tracking the letter of termination to Captain Tony Morefield.

Cornelius H. Johnson

Interim City Manager

Morefield Still Interim Chief

Asked Friday, March 25 if he was still Antioch’s interim police chief, Morefield said, “I am still the interim chief of police until such time as the city manager hires a new one.”

Public test of Vote-by-Mail counting equipment

The April 5, 2022 Special Election for the California Assembly District 11 office is underway in California. The Contra Costa County Elections Division will perform the county’s official logic and accuracy testing on central ballot counting and processing equipment at 10:00 am Friday, March 25, 2022 at the Elections Office, located at 555 Escobar Street in Martinez and the public is invited to observe.

According to Helen Nolan, Assistant Registrar, “Contra Costa County purchased its ballot counting and processing equipment from Dominion Voting Systems. We originally purchased this ballot tabulation system in March 2018 and will be conducting our 11th election with the system in April using the Dominion Democracy Suite 5.10a.  Brand names used in the system include Dell, Canon, InoTec, OKI, AValue, and HP.” (See related article)

Logic and accuracy testing is a standard pre-election procedure. The test will confirm that all central count equipment is in working order and functioning properly. A set of test ballots will be run through each scanner to ensure they are properly programmed and operating as expected.

Visitors are asked to check-in at the Elections lobby.  For more information, call 925-335-7800.

 

The deadline to apply for the first round of recruitment is Thursday, March 31st.

💰To fill out an Economic Development Commission application:  https://forms.gle/iuBrckzUsUHfVprV7

🏞 To fill out a Parks and Recreation Commission: https://forms.gle/waw5SSozpDpgXkmk8

🧾 To fill out a Sales Tax Citizens’ Oversight Committee application: https://forms.gle/4Ro5buKSXAhtsCsx9

Contracts with Meeting Minutes Clerk, council not approving them, special meetings

“My office cannot produce what we do not have in our possession” – Householder

Annotated minutes and video are posted within 24-48 hours after meeting

Former City Clerk Simonsen wanted full-time position, quicker type of minutes; says “no legal time limit for approving minutes of a meeting.”

By Allen D. Payton

Complaints have been made to Antioch City Clerk Ellie Householder, who is facing possible recall, for not posting the city council meeting minutes on the city’s website in a timely manner. She and former City Clerk Arne Simonsen say they are typed up by the city’s contracted Meeting Minutes Clerk, which has been the process for at least 20 years. The delay is due to too many special council meetings and the council not approving past meeting minutes.

Householder did point out that the Annotated Minutes of the council meetings are posted on the city’s website within 24-48 hours. But they only show the votes by the council members on each agenda item and aren’t posted on the City Council Agendas and Minutes page of the city’s website. Instead, they’re posted below the video of that meeting on a different page, which she pointed out also posted within 24-48 hours, as well. But that requires clicking on the video link for that council meeting on the City Council Agendas and Minutes page and watching the meeting in order to know what the council members said and did. Or clicking on the date of that meeting on the City Council Meetings page of the website where the agendas and minutes aren’t posted.

The following email message and questions were sent to Householder and Deputy City Clerk Christina Garcia on Friday, March 18: “As of today, the minutes for the Antioch City Council meetings from 1/25 through 3/11/22 are not yet posted on the city’s website. The minutes for the meetings of Jan. 25, Feb. 4, 8, and 22 were all on the March 8 meeting agenda. Why weren’t they approved then and are again on next Tuesday’s meeting agenda along with the March 8 and 11 meeting minutes?”

In addition, they were asked, “what is the process for the minutes once they’ve been approved by the council to be uploaded to the website? Can’t you upload the Annotated Minutes until they’re approved? And then replace those with the approved minutes once they have been?”

Householder responded, “Our office contracts with a Meeting Minutes Clerk to provide summary minutes for each Council Meeting. When she completes her task and provides our office with the ‘draft’ Meeting Minutes, they are then placed onto the Council Meeting Agenda for Council to approve.  Once approved by Council, the Meeting Minutes are then uploaded onto our City’s Website.

“My office cannot produce what we do not have in our possession,” she continued. “And as you know, Meeting Minutes are approved by Council.”

“The reason for the one-page staff report is merely requesting Council to ‘Continue’ the Meeting Minutes to a future Council Meeting.  This means we have not received the ‘draft’ Meeting Minutes from our Minutes Clerk,” Householder added. “The Council Meeting video is posted onto our City’s Website within 24 hours of each Council Meeting though.”

Garcia pointed out the special meetings the council has been holding as one reason for the delay in receiving the minutes back from the Meeting Minutes Clerk.

Additional Questions for Householder Go Unanswered

Additional questions were then sent Monday afternoon March 21 to Householder, copying Garcia, asking, “how long has the city clerk’s office been contracting out the minutes? Why can’t you or the Deputy Clerk handle that responsibility? If it’s taking the outside contractor too long to provide the minutes in a timely manner, have you considered bringing that responsibility back in house or contracting with someone else to get them done in time for the next council meeting? Is there a legal time limit within which the clerk’s office is supposed to have the draft minutes prepared for the city council to adopt?”

But no response was received as of Wednesday, March 23.

Former City Clerk Simonsen Wanted Quicker Type of Minutes and Full-Time City Clerk

Similar questions were also sent to former City Clerk Arne Simonsen, as well.

He responded, “The City Clerk’s Office has contracted a Minutes Clerk for over the past 20+ years. Not just for the City Council meetings, but also the Planning Commission, Police Commission and the Sales Tax Citizens Oversight Committee. Most cities contract for a Minutes Clerk, unless the Council has approved what are known as ‘Action Minutes’. I tried to get Antioch to use ‘Action Minutes’ which are simple to produce and look similar to the ‘Annotated Minutes’ that I used to produce and post the next day to the City Website.”

“The logic of using Action Minutes is that the DVD of a meeting would be preserved and considered the actual full minutes of a meeting,” Simonsen explained. “Summary Minutes, which Antioch uses take much longer to produce and contain names and comments made not only by council members, but also by the public. And we all know how some in the public like to see their names in those minutes.”

“There is no legal time limit for approving minutes of a meeting. When you have a Council meeting every two weeks, plus throw in any Special Meetings in between, it does take some time,” he pointed out. “Kitty Eiden does a great job with the minutes, and I have absolutely no complaints.  If a Council only met once a month, getting the minutes of the previous meeting on the next agenda would be easy. But every two weeks (and sometimes three a month, plus Special meeting) it does take longer.”

“Would you trust Householder doing the minutes?” Simonsen asked. “The full time Deputy City Clerk has her hands full running all the many other functions of the Clerk’s Office. I tried to get the City Clerk to be full time, as it was from 1872 up until 2010, but my staff reports were turned down every time and never made the agenda.”

“When Kitty was on vacation and the Planning Commission needed a Clerk for the meeting and to produce the minutes, I stepped in to do it and did not receive any extra compensation for doing it,” he added. “Since I had been a Russian linguist for 24 years in the Navy, I routinely transcribed intercepted communications, so taking minutes for me was easy.”

Asked if he remembered ever being five meetings behind when he was city clerk, Simonsen responded, “Only when we had a meeting every week for five weeks in a row.”

State Supreme Court denies district’s appeal, finalizes Supervisors’ 2017 unanimous vote and LAFCO’s 2018 dissolution decision; county will now receive the funds; Glover believes employees being paid through end of March

By Allen D. Payton

According to a Thursday, March 10, 2022, press release from Contra Costa County, the California Supreme Court denied an appeal by the Los Medanos Community Healthcare District (District), which resulted in the dissolution of the District effective Wednesday afternoon, March 9. The court decision does not affect the operation of the Pittsburg Health Center, which is operated by the Contra Costa County Health Services department and remains open with no changes to regular, ongoing services for patient care.

The County’s efforts to dissolve the district have been ongoing since November 2017 when the Board of Supervisors voted 5-0 in favor of dissolution. (See related article)

Then in 2018, following Contra Costa County Civil Grand Jury recommendations, the Supervisors requested the Local Agency Formation Commission (LAFCO), which is responsible, in part, for evaluating ways to reorganize, simplify and streamline the structure of governmental entities in California, to dissolve the District and transfer all of its assets and liabilities to the County. The court decision finalizes LAFCO’s dissolution decision that was originally approved in September 2018.

“The court action means we can lower overhead costs significantly and increase grant funding for the benefit of residents’ healthcare priorities and needs in the former District area,” said Supervisor Federal Glover, whose District 5 represents the communities. “We will be able to make a bigger difference for our residents.”

“This has been a thoughtful process to ensure that the community’s needs and concerns are addressed. The County will allocate 90% of funds to health-related programs and establish a reserve fund to help ensure that programs are sustainable moving forward,” stated Board Chair, Supervisor Karen Mitchoff.

The Board of Supervisors has established the Los Medanos Healthcare Advisory Committee in July 2018, as part of the plan to dissolve the District, increasing funding available for healthcare programming in the Pittsburg/Bay Point areas. The Committee has been charged with development of an area health plan to determine specific health needs of the community, identify priorities to address those needs and facilitate a request for proposals process to make funding recommendations for health programs in the community to the Board of Supervisors. The Committee includes representatives from the local community and medical practitioners, making this a unique opportunity for collaboration. It is anticipated that the Committee will hold its inaugural meeting in late Spring 2022.

The committee is responsible for making recommendations for grant funding to meet healthcare priorities of residents in the former District area.

The Advisory Committee will be composed of seven (7) members, with the majority being community members (5) who work or live in the Los Medanos area and two (2) healthcare professionals. As appointed by the Board of Supervisors, the Committee includes:

• (2) Representatives recommended by the City of Pittsburg;
• (2) Representatives recommended by the Bay Point Municipal Advisory Committee;
• Representative from the County’s Public Health Division;
• Representative from the County’s Behavioral Health Division; and
• At-Large representative who lives or works in the Pittsburg/Bay Point area as recommended by the Board’s Internal Operations Committee.

The benefits of including medical professionals on the Committee are to support impactful grant-making, collaboration, and leveraging of efforts with other healthcare programs and services in the County. An area health plan will be developed that will identify major health disparities to inform funding priorities for consideration by the Board of Supervisors.

“The targeted, coordinated approach to how we focus funding will help us do more for residents in the former District area to improve their health and how they receive healthcare,” added Glover.

No Impact to Pittsburg Health Center Services

Patient care and services at the Pittsburg Health Center are not impacted. Patients should continue to schedule their medical appointments and seek services at the Pittsburg Health Center as they normally do.

The Pittsburg Health Center is the largest clinic in the County’s 10 clinic healthcare delivery system. The County has operated the health center for over 20 years since the bankruptcy of the District in the 1990s and has been responsible for capital improvements since that time. The County most recently completed a multi-million-dollar renovation of the Adult Primary Care area within the facility as well as a comprehensive elevator replacement project.

District Spent $1.3 Million on Staff, Community Garden, Reading Program, Grants

As previously reported by the Herald, the Los Medanos Hospital closed in 1994 but the district, covering Pittsburg and Bay Point, had continued to exist, collecting property tax dollars and using the funds to pay for staff and provide grants to local organizations, direct service programs including a community garden and district sponsored programs including REading ADvantage for early literacy. The district’s 2020-21 Fiscal Year budget projects $1.13 million in tax revenue and $1.3 million in expenses.

Jobs of Antioch Mayor, 2020 Antioch Council Candidate Eliminated, Can’t Talk About It

The result of the dissolution of the district eliminated the executive director job of Antioch Mayor Lamar Thorpe, who was given a pay raise last July, from $96,000 to $150,000 per year. In addition, another Antioch resident, homeless advocate and 2020 District 3 council candidate Nichole Gardner, had been his administrative assistant, and may have also lost her job. But she said she could not speak about it.

An attempt last year by former State Assemblyman Jim Frazier to eliminate the healthcare district through a bill co-sponsored by Assemblyman Tim Grayson (D-Concord) was unsuccessful. While it passed the Assembly on a 70-0 vote, it failed to pass out of the State Senate Governance and Finance Committee. (See related articles here, here and here)

Questions were emailed to Thorpe late Thursday night, asking, “What are your plans as a result of the district being dissolved and your job being eliminated? Have you been offered another position within the county government? Did the county give you a severance package or a month or more of compensation to give you time to find another position? Or have you already been pursuing something else and the Supreme Court’s decision was expected?

Also, what about the rest of your staff, including Nichole Gardner? Have they been offered other positions within the county government? How many staff were employed by the district?

Do you have any other comments as the outgoing executive director of the district?”

Website Removed, Phone Number Still Works, Questions Left on Voicemail

A search on Thursday for the hospital district’s website, https://www.lmchd.org resulted in the message, “Unrecognized domain name”. However, the phone number, (925) 432-2200 still works and a message was left with questions about staff still being paid and for any other details that can be shared about the dissolution. No response was received as of Friday morning at 10:45 a.m.

Questions for Glover, County Staff

Questions were also emailed late Thursday night to Susan Shiu the county’s Public Information Officer and Director of the Office of Communications and Media for Contra Costa County, who issued the press release, asking, “What is happening with the district’s staff, including former executive director Lamar Thorpe? Have they been offered other positions within the county government? Were they offered severance packages, or a month or two of compensation to give them time to find other jobs?” But her automatic response message shows she’s out of the office on Friday, March 11.

Efforts to obtain answers from the County Office of Communications and County Health Department’s communications staff about the district’s former employees, Friday were unsuccessful prior to publication time. They and Glover were also asked, “now that the LMCHD website has been taken down, what happened to all the board meeting agendas, related documents and minutes? Who took the website down and why? Shouldn’t it have been archived?”

County Health Department spokesman Karl Fischer responded, “The County Administrator’s Office is the one handling that situation. The CAO said they would get in touch with their PIO to coordinate. They should be able to help.”

Glover Responds, Believes Employees Being Paid Through End of March

Glover responded, “The healthcare district is paying them through the month of March. But I’m not sure about all the details. This had been an active thing. The panel of judges made a decision and the district appealed it to the Supreme Court which denied even hearing it.”

Asked about the website and records of meetings, agendas and minutes he replied, “those are the things we need to see what’s going on. Because that’s all information and documentation that the county has to have. It’s all public records and we will have to make sure they’re available.”

Please check back later for any updates to this report, once Shiu has returned to her office on Monday.