Con Johnson retired as a Lieutenant III but his resume shows last title of “Night Supervising Captain” without qualifying as an “acting” position; refuses to answer questions about it

By Allen Payton

On Nov. 9, the Antioch City Council, on a 3-2 vote, approved the conditional hiring of Cornelius “Con” Johnson as the interim city manager, following City Manager Ron Bernal’s retirement at the end of December. The one condition is that Johnson successfully pass a background check. In response to a Public Records Act request by the Herald, Antioch City Attorney Thomas L. Smith released a copy of Johnson’s resume and cover letter to the city council. It shows Johnson lists his last position with the San Francisco Police Department as Night Supervising Captain from Feb. 2014 until the day he retired on July 1, 2016, without qualifying it as an “acting” position.

While he was paid a higher salary for that title, Johnson was never promoted to the position of captain and is being paid as a retired Lieutenant III according to David Ng, Senior Clerk of Personnel for the SFPD who said, “regarding Cornelius Johnson’s retirement, the highest ranking was lieutenant. The system shows lieutenant. The job code is Q62 which is lieutenant,” as previously reported. (See related articles here, here, here, and here)

Cornelius Johnson – Cover Letter Redacted       Cornelius Johnson – Resume Redacted

Leadership Experience

According to his resume, as Night Supervising Captain, Johnson was “responsible for the managing and overseeing of the San Francisco Police Department resources, activities, operation between the hours of 1900 hrs to 0500 hrs. The Night captain is responsible for the planning, administering, directing, evaluating, and overseeing of activities of approximately 600 staff members (civilian personnel, patrol officers, sergeants and mid-level manager)”.

Prior to that, Johnson held leadership positions with the SFPD of Platoon Commander from Feb. 2010 to Feb. 2014; and Director of Community Policing from Jan. 2004 to F2010.

Not Hired as Bridging the Gap Forums Facilitator

Last year, Johnson applied to be the city council’s facilitator for the Bridging the Gap forums held late last year and early, this year. But the panel, which included Mayor Lamar Thorpe, City Manager Ron Bernal, Administrative Services Director Nickie Mastay and then-Chief Tammany Brooks, chose to hire a consulting firm, instead.

Johnson Refuses to Answer Questions

Previous efforts to reach Johnson were unsuccessful. In addition, he did not respond to a phone call or text to him on Tuesday, even though when this reporter who knows Johnson, saw and spoke with him recently, he agreed to respond.

Johnson was asked why his resume shows a title of captain, which is different than the title he retired at of Lieutenant III. Johnson was also asked if he was ever promoted to the position of captain or just acting captain for his final three years on the force. He was also asked if it is normal practice to use a title if the retiree was only serving in an acting role. Finally, Johnson was asked “why inflate your credentials when you don’t need to for the position of interim city manager when you have all the experience with the SFPD and your master’s in public administration?”

Johnson still had not responded prior to publication time at 6:40 p.m.

Please check back later for any updates to this report.

Would have full authority of permanent city manager to hire and fire department heads including police chief; City staff won’t say what would cause him to fail background check

By Allen Payton

Publisher’s Note: Apologies for the late publishing of this article until now. I thought it already has been.

During their meeting on Tuesday, Nov. 9, 2021, the Antioch City Council voted to conditionally hire Cornelius “Con” Johnson as interim city manager. (See related articles here and here)

“This is a conditional appointment based on a successful background check,” said Administrative Services Director Nickie Mastay. “Upon hiring of the interim city manager, the council will begin the process for recruiting a city manager.”

Three members of the public opposed the hiring of Johnson including Sal Sbranti and one other advocating for the hiring of Assistant City Manager Rosanna Bayon Moore, instead. Two were in support of hiring Johnson.

“I truly believe Cornelius Johnson will serve the City of Antioch very well,” said Deborah Hicks. “He has very good leadership skills. He has very high standards. I am fortunate enough to sit around him and his company and others at Starbucks…and he’s a very knowledgeable man. I think I speak on behalf of quite a few of them. He is one of Antioch’s finest.”

“I also support him as the interim city manager,” said Leslie May. “I did review his credentials. Hopefully, he will be appointed as the permanent city manager. It’s the same kind of comment. People don’t want change. It can’t be business as usual in Antioch. We just can’t allow the public and use their biases to tell us who to select and who not to select. I feel good about supporting this young man.”

Barbanica, Ogorchock Want to Wait

“If we move forward, we are supposed to come up with a salary…oh and a start date,” said Mayor Lamar Thorpe.

“What I am going to say is he is someone I consider a friend. I do believe he wants better for this community,” said District 2 Councilman Mike Barbanica. “But my concern with this is, number one we have an assistant city manager…It is my opinion she should have been brought up into the position of interim city manager. I do believe this is premature. I’m not saying that when this is done, Mr. Johnson won’t be the choice.”

“Yes, there have been some questions…some serious questions and I don’t think it’s fair to the candidate or to the City,” Barbanica continued. “We need to take a step back from this and consider other candidates. We rushed into this. This is not the way this is supposed to go.”

“I too want to share my appreciation for Mr. Johnson,” said District 3 Councilwoman Lori Ogorchock. “I don’t feel like his qualifications align with the city manager, at this time. I agree 110% with Councilman Barbanica and we should put this on hold, at this time.”

District 1 Councilwoman Tamisha Torres-Walker spoke next saying, “So, I don’t live in a bubble. I get all the commentary and comments, as well. I hear that, like, I hear from people that he will do a really good job. And it’s an interim city manager to get him over the top. Is this the limited background in law enforcement. I think we can all have concerns about close relationship with people, with campaign donations. But if we look around this city people have hired their brother or sister. If Mr. Johnson can move us forward…

“I don’t know if we attack the qualifications of people if they’re not people of color,” she added.

“I hear everyone out there. How wonderful it is to have a community member step up…and get us through this transition period,” said Mayor Pro Tem and District 4 Councilwoman Monica Wilson. “I’ve been impressed with his background. I definitely believe that Mr. Johnson would do a really good job.”

“I think we’re supposed to determine three things, now. What term of contract. I think we discussed one year. I think we’re starting at Step 1,” Mayor Lamar Thorpe said.

“That would be 10% above the assistant city manager, $20,137,” Mastay said. “We will do the background check and get started as soon as possible.”

Council Debates Authority of Interim City Manager

Ogorchock pointd out that the council had discussed limiting the authority of the interim city manager.

“I no longer agree to those terms,” Thorpe responded. “Whether interim city manager or city manager they should retain the full power.”

Ogorchock then said, “You brought something up that was discussed in closed session. I thought that would be after.”

“It’s contingent on those things,” Thorpe said.

“That’s not the motion,” Ogorchock responded. “It was also discussed limiting the hiring of department heads.”

“I am not supporting that, and I said that, here in hearing your comments and some of Councilman Barbanica’s comments, tonight,” Thorpe responded.

All this will be contingent on a background

“I don’t like the inference that there’s something else, here,” Barbanica said. “I’m concerned about my district and this city.”

“Attorney Smith, can I talk about closed session?” he then asked. “In the contract is it in here about hiring the next police chief?”

“That’s not part of the motion,” Smith said.

“So, that means he could,” Ogorchock stated.

“I know I brought up concerns about an interim hiring a police chief,” Torres-Walker said. “I want it to be a more public process….and I did raise concerns around that. And about hiring department heads. After further reflecting there haven’t been limitations in the past. If he can wield his authority appropriately then we should give Mr. Johnson the opportunity.”

The motion to appoint Cornelius Johnson with a proposed start date, following a successful background check passed on a 3-2 motion with Barbanica and Ogorchock voting no.

Questions for City Staff Go Unanswered

Mastay and City Attorney Smith were asked who would be handling the background check and what would cause a candidate to not pass one. They were asked if lying on a resume is grounds for failing. Neither responded. However, according to council members, Mastay is conducting Johnson’s background check. No answer, yet on the other questions.

State, local officials celebrate during grand opening; will open later this month after extensive renovation is completed; year-long program already serving about 40 Antioch homeless residents, has waitlist

The Contra Costa Health Services hosted a grand opening ceremony for Delta Landing, a 172-unit interim housing site in Pittsburg, on Monday, Dec. 6, 2021. It will be among the first in California to open thanks to the state’s Homekey program to provide shelter and on-site services to help county residents experiencing homelessness to regain housing.

“We are going to ensure we will continue to serve as many as possible with this resource…as we open this site as a permanent fixture,” said Deputy Health Services Director Lavonna Martin. She is the former Director of Health, Housing, & Homeless Services for Contra Costa County Health Services.

Delta Landing, recipient of a $21.5 million Homekey grant in 2020, will open later this month after extensive site renovation. In addition to new paint, roof, furnishings, laundry and fire sprinkler system, clients can make use of a new wellness center for physical and behavioral health needs and co-located services to help them regain permanent housing. (See related article)

“We are grateful to California and Gov. Gavin Newsom for the opportunity to add critically needed services in East County for residents without housing,” said Diane Burgis, chair of the Contra Costa County Board of Supervisors. “Historically there has been a severe lack of beds in this part of the county, and Delta Landing is a great first step toward addressing that need.”

The site at 2101 Loveridge Road was previously a Motel 6, used since the beginning of the COVID-19 pandemic as a non-congregate emergency shelter for county residents with funding from the state’s Project Roomkey program.

The Homekey award allowed Contra Costa to negotiate the purchase of the motel and provide the necessary renovations to make a state-of-the-art interim housing facility with services such as basic healthcare, housing navigation and case management provided on site.

“This is a bit of a full circle moment. 524 days ago, the governor stood right there at the end of this walkway, right there and announced the new thing in the state called Homekey. It didn’t exist. Now, we’re here today,” said Jason Elliott, Senior Counselor to Gov. Gavin Newsom and one of the governor’s point-people on housing and homelessness. “What we did was we created a program and we provided funding. What the local governments did was make this happen…172 units of critically needed units.” (See related article)

Clients staying at the site were temporarily placed at other Project Roomkey locations in the county during renovations and will relocate back to Delta Landing this month.

“We know that the first service that people experiencing homelessness need is a stabilized living situation,” said Contra Costa Supervisor Federal Glover, whose district includes Pittsburg. “Delta Landing provides that stable place, so clients can make full use of the services and supports to transition into permanent housing.”

Previously, Glover said about 40 Antioch homeless residents are currently participating in the year-long program and there already a wait list. (See related article)

The county’s most recent homeless point-in-time count, in January 2020, showed that one-third of residents living outdoors in Contra Costa were in eastern Contra Costa – more than 500 people. But, before Delta Landing, there were only 20 available shelter beds in the county east of Concord.

Contra Costa’s Public Works Department led nearly $6 million renovation project. Homekey will also $4.196 million toward operation of this permanent facility, which is managed by Bay Area Community Services (BACS), a contractor of Contra Costa Health Services’ Division of Health, Housing and Homeless Services (H3).

Visit cchealth.org/h3 for information about services for people experiencing homelessness in Contra Costa County.

Allen Payton contributed to this report.

Ward 4 Trustee Andy Li denies committing Brown Act violation.

By Allen Payton

Prior to the start of the regular meeting of the Contra Costa Community College Governing Board on Wednesday, Dec. 8, the trustees will meet in closed session beginning at 4:00 p.m. to discuss the discipline/dismissal/release/complaint of Chancellor Bryan Reece. This would be another attempt by board members to discipline or remove him after little more than a year in the position. (See related articles here and here)

Asked which trustee or trustees requested the closed session item, which employee is the subject and which district employees does the board hire, 4CD PIO, Timothy Leong responded, “Items for the closed and open session agenda are developed collaboratively by the Chancellor and the Governing Board, and includes consultation with legal counsel. This includes personnel matters.” He also wrote, “The Governing Board only hires one person: the Chancellor. They Governing Board may also have input on other contract administrator positions, but the final decision on those positions is made by the Chancellor.”

Board President Andy Li was asked the same questions. “The board only hires the chancellor,” he responded.

Regarding which trustee or trustees requested the item be placed on the closed session agenda, Li said, “I don’t think I can disclose that. You can talk to the chancellor about that. He knows better whether we can or cannot.”

Request for Investigation and Censure of Governing Board President

In addition, during the regular meeting, which begins at 6:00 p.m., a censure and investigation of Li will be discussed. According to the staff report, Board Policy 1024 and Education Code Section 72121.5 afford members of the public the opportunity to place items on the agenda of meetings of the Governing Board subject to reasonable regulations.

On November 10, 2021, four members of an organization called CCC Latinx for Inclusion, Maria Alegria, former Mayor of Pinole; Genoveva Calloway, former Mayor of San Pablo; Contra Costa County Board of Education District 1 Trustee Consuelo Lara,; and Antioch School Board Trustee Mary Rocha, submitted a request that the Governing Board initiate an investigation into comments made by Governing Board President Andy Li at the June 23, 2021, Governing Board Meeting and is requesting that Mr. Li be subject to censure based on that investigation (see Board Back-up No. 20D). Ms. Alegria will be afforded up to five minutes to make her proposal to the Governing Board and to state the reasons for her requested action. Request for Censure of Andy Li 12-08-21

In their letter to the board they wrote, “Unfortunately, Trustee Li, under your leadership as President, you’ve repeatedly violated the Brown Act and governed with two different sets of standards for transparency and accountability.”

The letter continues, “Trustee Marquez, the most senior member of the Board, has requested twice that your censure for violating the confidentiality of closed session at the June 23 board meeting be placed on the agenda. Yet this request continues to be ignored. President Li, I have reviewed that video of the Board’s discussion on Agenda Item 18B: Interact Communications $10M Contract, which you stated was discussed in closed session. You were also cautioned by Trustees Barrett, Marquez and Sandoval, as well as Attorney Meola about this.”

They then offered an example of Li’s Brown Act violations, writing, “For example, at the May 26, 2021 4CD Board Meeting you read a prepared statement on your reasoning for recommending censure of Trustee Marquez. You stated: that you had grave concerns with Trustee Marquez’s conduct as he violated the confidentiality of closed session discussion”. This recommendation of censure of Trustee Marquez was an ‘action’ by the Board and was not listed on the agenda, under closed session or as a regular agenda item. You gave the public no opportunity to participate on this matter.”

Li Denies Committing Brown Act Violation

Asked if he had a response to the allegations, Li referred to another meeting, saying, “It was the second meeting in June between the 32-minute and 38-minute marks. People can check and make their judgment.”

Asked if there was a Brown Act violation what would he do to cure it, Li responded, “I didn’t. I did nothing wrong.”

Other Agenda Items

The regular meeting will begin at 6:00 p.m. with the following three items:

• a presentation from 4CD students to the Governing Board;
• a special recognition for Diablo Valley College (DVC) and Los Medanos College (LMC) in the promotion of Associate Degrees for Transfer; and
• Board Report No. 20A a public hearing on ward equalization based on the 2020 Census presented for approval is a Resolution Approving Adjusted Trustee Ward Areas Based on 2020 Census. (See related article)

Other highlights of the meeting are:

• Board Report No. 16A Contra Costa College will offer a new Associate in Science Degree for Transfer in Business Administration.
• Board Report No. 16B DVC will offer a new Associate in Science Degree for Transfer in Business Administration.
• Board Report No. 16D Your approval of this report will allow three different groups of DVC students to travel to Spokane, Washington, Honolulu, Hawaii and Washington, DC. These filed trips will allow students to participate in the Kennedy Center American College Theatre Festival, Aloha State Choral Festival and the National Student Advocacy Conference.
• Board Report No. 19A As requested at the August 11, 2021, Governing Board meeting, an overview of ongoing work by Interact/SIG, including an expenditure report, timeline and market update will be presented.
• Board Report No. 19C A listing of conferences of interest from January 2022 through February 2023 is presented for your information and planning purposes.
• Board Report No. 20B In accordance with Education Code Section 72000, a regular Governing Board meeting on December 15, 2021, is proposed so that the annual organizational meeting to select officers for December 2021 to December 2022 can be held.
• Board Report No. 20C This report is presented for approval to revise the 2021-22 Governing Board Meeting Calendar to accommodate the National Legislative Summit in Washington, DC that will be held in person in February 2022. Also presented for adoption is the 2022-23 Governing Board Meeting Calendar.

4CD Regular Governing Board Meeting – 12.8.21 agenda

The agenda for the above meeting and a memo highlighting certain reports are attached. The agenda can also be accessed at:  2021-12-08-GB Agenda

While Governing Board members will attend in person, audience members have the option of attending in-person or via Zoom.

If you are attending in person, public session will begin at 6:00 p.m. and will be held in the Second Floor Board Room.  Please note that according to Contra Costa Health Services and effective August 3, 2021, masks are required for everyone, regardless of vaccination status, in indoor public spaces such as businesses, classrooms and offices.

If you are attending remotely, please see the information below to access the meeting.

Meeting link:                https://tinyurl.com/2021-12-08-GB-Agenda

Meeting ID No.:           972 7628 0768

Passcode:                     205040

Phone option:               1.669.900.6833

Public Comment:  You may address an item on the agenda or a subject of your choice. The desired goal is to create an environment of mutual respect between participants of Governing Board meeting discussions; to enhance intellectual thought; and to insure that all present have an opportunity to present their views in an orderly fashion.  If you would like to make public comment at this meeting, please see the information listed on the attached agenda. A fillable public comment card is also attached within the agenda and included here: 4CD Board Mtg Public Comment Card

 

Located at 515 E. 18th Street

By Allen Payton

During their meeting Wednesday night at 6:30 p.m., the Antioch Planning Commission will consider creating a Transitional Housing Zoning Overlay District for the Executive Inn on East 18th Street, to provide temporary shelter for the city’s homeless residents.

The proposal moves forward the effort announced in 2020 by the council’s Unhoused Residents Ad Hoc Committee by Mayor Lamar Thorpe and then-Mayor Pro Tem and committee member Joy Motts. The council on a split vote of 3-2 approved pursuing funding for the program, earlier this year. (See related articles here and here)

The staff report for the Planning Commission meeting agenda item 2 reads as follows:

“The City of Antioch is presently working to address its unhoused resident population by pursuing opportunities to provide facilities and services to directly address unmet needs. The City recognizes the importance of connecting unhoused residents with housing solutions while also introducing them to critical services. The goal of this combined effort is to provide the stability and resources to enable unhoused residents to transition into full time housing. This complement of housing and services is commonly referred to as transitional housing.”

The staff report also provides the definition of Transitional Housing of “Dwelling units with a limited length of stay that are operated under a program requiring recirculation to another program recipient at some future point in time. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in Cal. Health and Safety Code § 50675.2(h). Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of residential housing types (e.g., multiple-unit dwelling, single-room occupancy, group residential, single-family dwelling). This classification includes domestic violence shelters.”

In addition, the staff report reads: “Presently, Transitional Housing is defined, but is not otherwise regulated or permitted in the Antioch Municipal Code; additional action is required to create opportunities for transitional housing in the City of Antioch.”

Transitional Housing Zoning Overlay District Update – The City of Antioch proposes to amend Title 9, Chapter 5 of the Antioch Municipal Code to establish a Transitional Housing (TH) Zoning Overlay District and to apply the proposed TH Zoning Overlay District to the property at 515 E. 18th Street (APN 065-143-018).

RECOMMENDED ACTION(S):

1) Approve the resolution recommending:

1. that the City Council adopt the ordinance amending Title 9: Chapter 5 of the Antioch Municipal Code (Zoning Ordinance) to create a Transitional Housing Overlay District; and
2. that the City Council adopt the ordinance amending the zoning of the parcel at 515 E. 18th Street (APN 065-143-018) to be located within the Transitional Housing Zoning Overlay District; and
3. that the City Council approve a Use Permit for Transitional Housing at 515 E. 18th Street.

The resolution forming the overlay district for the motel includes the following:

“1. The granting of such Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.

The proposed transitional housing project will be subject to operational restrictions imposed by the City of Antioch through separate process and agreement. These restrictions will ensure that proper management and property maintenance occurs and is sustained for the proposed land use.

2. The use applied at the location indicated is properly one for which a Use Permit is authorized.

The concurrent amendments to the zoning map and Municipal Code amendments create a Transitional Housing Overlay District and apply the new zoning to the property at 515 E. 18th Street. As such, a transitional housing land use may be permitted with a Use Permit.

3. The site for the proposed use is adequate in size and shape to accommodate such use, and all parking, and other features required.

The property was evaluated for project suitability and found to be adequate. The proposed land use is functionally comparable to the existing hotel land use.

4. The site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.

The project site is located adjacent to 18th Street, which is a major thoroughfare in the City of Antioch and capable of accepting traffic resulting from this land use.”

How To Submit Public Comments

There are two ways to submit public comments to the Planning Commission

• Prior to 3:00 the day of the meeting:  Written comments may be submitted electronically to the Secretary to the Planning Commission at the following email address: planning@ci.antioch.ca.us. All comments received before 3:00 pm the day of the meeting will be provided to the Planning Commissioners at the meeting. Please indicate the agenda item and title in your email subject line.
• After 3:00 the day of the meeting and during the meeting:  Comments can be made directly to the Planning Commission through the Zoom webinar. Please use the link for the specific meeting to attend the webinar and click the ‘Raise Hand’ icon to notify staff that you wish to speak. Or, use the ‘Submit Public Comments’ Link below, and your comment will be read into the record (not to exceed three minutes at staff’s cadence).

The meeting is online only and can be viewed at antiochca.gov/pcmeetings.

Approve $1,500,000 for renovation of City Hall second floor

Thorpe, Torres-Walker want to renovate Hard House for council member offices, plus staff for each council member

By Allen Payton

During Tuesday night’s meeting, Nov. 23, 2021, Antioch Finance Director Dawn Merchant said the city council will have an additional $2.3 million to spend in this year’s budget, with over $2.5 million additional from sales tax, including over $1.5 million more from Measure W’s 1% sales tax revenues. The council members chose to allocate the funds but included nothing to pay for more police officer or to help the homeless.

According to the City staff report on the item, “The major contributing factors to net revenues higher than projected are:

• $1,542,781 higher Measure W/1% sales tax than projected.
• $1,006,854 higher sales tax than projected.
• $435,820 more in building permit revenue than anticipated.
• $231,737 more in property tax revenue than anticipated.
• $160,000 more in interest and rental revenue than anticipated.
• Approximately $532,000 additional revenues than anticipated from various miscellaneous sources.

There was also a $1,571,461 reduction in revenues for the amount billed to the Department of Water Resources (DWR) for our usable river water days as the money was not received until October 2021 requiring us to record this revenue in FY22 instead.”

Plus, there were $6,425,217 less in expenditures than projected for Fiscal Year 2021. The major contributing factors to net expenditures lower than projected are:

$383,762 less in operating subsidy than projected to the Animal Shelter.

$557,686 less in operating subsidy than projected to Recreation programs.

$2,007,481 in salary savings from all unfilled positions. $1,051,661 represents non- Police salary savings which the City Council will need to allocate to one-time projects and/or unfunded liabilities per the City’s one-time revenue policy. The appropriation has been included in the budget amendments in Exhibit C to Attachment A.

$271,532 in purchase orders as of June 30,2021 not yet entirely spent. The carry forward of the budgets for these is included in the budget amendments in Exhibit A to Attachment A.

$1,941,089 in project budgets outstanding as of June 30, 2021, not yet entirely spent. The carryforward of the budgets for these is included in the budget amendments in Exhibit B to Attachment A.

$1,054,466 in non-salary savings in the Police Department budget.

$328,786 in non-salary savings in Public Works.

$2.85 and $3.1 Million More in FY22 and FY23

As a result, city staff is projecting increases to Fiscal Year 2022 General Fund sales tax and 1% sales tax projections by $2,849,683 and FY23 by $3,121,657 based on FY21 closing numbers and current sales tax projection trends.

Council Allocates Funds But, None for More Police Officers or Homeless

Staff also proposed how to spend the additional funds, including paying for projects the City has already begun and moving up items from the FY22 budget.

Mayor Lamar Thorpe suggested holding off on approving costs related to establishing the new Community Resources Department.

Then without any comments from the public, District 3 Councilwoman Lori Ogorchock made, and District 2 Councilman Mike Barbanica seconded a motion to approve the remaining items. But both Mayor Pro Tem Monica Wilson and Thorpe said they would rather discuss them on a item by item basis. The motion failed 2-3 with District 1 Councilwoman Tamisha Torres-Walker joining Thorpe and Wilson in voting no.

The council members then reviewed the other proposed budget items, with Thorpe seeking consensus

• Consideration of vehicles and equipment for the seven (7) new Code Enforcement Officers approved in the budget at a General Fund FY22 cost of $245,000 and $21,000 in FY23.
• Consideration of an Administrative Assistant for Human Resources. The FY22 General Fund budget cost would be $30,769 (includes $5,000 for computer and other startup costs) and $110,479 in FY23.
• Consideration of a Finance Analyst for Finance. Finance would request this not be budgeted until FY23 with a General Fund cost of $181,981, which includes $5,000 for computer and other startup costs.
• Consideration of a Community Development Technician for Community Development at a FY22 General Fund budget cost of $42,513 (includes $2,000 startup costs) and $167,253 in FY23.
• Consideration of a GIS Technician position for Public Works at a FY22 General Fund budget cost would be $32,039 and $137,554 in FY23.
• Consideration of an Administrative Assistant position for Public Works at a FY22 cost of $24,290 and $104,068 in FY23.

Items Without Consensus or to Be Brought Back Later

• Community Resources Department for an Administrative Analyst at a cost of $40,426 in FY22 and $166,894 in FY23; an Administrative Assistant at a cost of $24,290 in FY22 and $104,068 in FY23; building furnishings/remodel and repairs at an estimated cost of $1,000,000 to accommodate the staffing of the new department.
• Consideration of Prewett Park Perimeter Fence Replacement at a FY23 General Fund budget cost of $200,000.
• L Street Improvements project at a FY22 unknown funding source cost of $9,281,000.
• The plan is to wait for possible funds from the recently approved federal infrastructure bill.
• Wilson wanted a study session to discuss the various “corridors”.
• Thorpe responded, “there will be a study session.”
• Dedicated CORE Team at a General Fund cost of $250,000 in FY22 and FY23. – Both Ogorchock and Barbanica supported it, now.
• Consideration of Police Department Community Room Technology Upgrades at a FY22 General Fund cost of $300,000. – Barbanica argued that the room serves as the Emergency Operations Center.

Approve New Budget Requests

According to the city staff offered a list of new budget requests all of which the council supported. They are:

1. A Recreation Coordinator for Youth Services was approved in the adopted 2021-23 budget for funding approved in FY23. This is being requested to begin funding in FY22 to assist the Youth Network Services Manager getting programs and services running. This request would add $47,726 to the FY22 General Fund budget assuming funding for 5 months.

2. Promotion of a Senior Computer Technician position to a Network Administrator. The FY22 and 23 budget impacts are $2,741 and $8,724 respectively funded from the Information Services Internal Service Fund.
3. Addition of one (1) Administrative Analyst I position in the City Clerk’s office to meet the work demands of running the office. The FY22 General Fund budget impact, assuming the position is filled for 3 months is $40,426 and the annual FY23 impact would be $166,894.
4. Reclassification of one (1) Administrative Assistant I position in the City Clerk’s office to an Administrative Analyst I position. The FY22 and FY23 General Fund budget impact would be $6,181 and $27,060 respectively.
5. Addition of two (2) General Laborer positions to be funded with NPDES funds at a FY22 cost of $47,692 and $211,960 in FY23. If these positions are approved, the NPDES reserves will be depleted beginning in FY24 and the positions will need to be funded with the General Fund starting in FY24. Public works has been installing trash capture devices in the City’s storm drain system to comply with State requirements to keep trash and pollutants from entering our streams and waterways. These trash capture devices require monthly inspections and cleaning. Public Works does not have adequate staffing to perform this work on an ongoing and continuing basis so a request for bids was issued. Bids were received and the cost of contracting this service exceeded the cost of performing this work in house with these two (2) additional positions being requested.

6. Add $150,000 to the Information Systems Fund FY22 budget to cover cybersecurity measures to be put in place to protect the City’s network.
7. Addition of one (1) Payroll Specialist position at a FY22 General Fund cost of and $40,527 and $168,132 in FY23. Payroll processing is a critical function of the City and is processed bi-weekly for over 350 full time employees and up to a couple hundred more part time employees depending on the season. The City currently has one full time Payroll Specialist with some additional support from an Accounting Technician and the Deputy Finance Director to process payroll. Another position is severely needed to not only handle the volume, especially with all the additional positions added in this new budget cycle, but to be able to continue processing payroll when the one position is absent.

8. Reclassification of two (2) Office Assistant positions in Recreation to Administrative Assistant II positions at an estimated cost of $10,030 in FY22 and $20,254 in FY23 to the General Fund.
9. Reclassification of one (1) Administrative Assistant III position in Recreation to an Administrative Analyst I position at an estimated cost of $3,849 in FY22 and $13,730 to the General Fund.
10. Remodel of 2nd floor and basement of City Hall at an estimated cost to the General Fund of $1,500,000 in FY22.

City to Receive $10.8 Million More in Federal COVID Relief Funds

The City of Antioch will be receiving a total of $21,550,900 in funds from the American Rescue Plan Act (“ARPA”). $10,775,450 was received in May 2021, with the remaining balance of $10,775,450 to be received in May 2022.

A discussion item was brought to City Council on July 27th whereby City Council Members discussed holding town hall meetings within each of their respective districts to speak with community members regarding the use of funds. As a reminder, the main priorities and principals of the funding are to provide relief to:

• Support urgent COVID-19 response efforts to continue to decrease the spread of the virus and bring the pandemic under control;
• Replace public sector revenue to strengthen support for vital public services and help retain jobs;
• Support immediate economic stabilization for households and business; and
• Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic on certain populations.
• Recipients may use these funds specifically to:
• Support public health expenditures (as outlined in the interim final rule);
• Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries and the public sector for those within a Qualified Census Tract or to other populations, households or geographic areas disproportionately impacted by the pandemic;
• Replace lost public sector revenue to provide government services to the extent of lost revenue (for the first measurement period ending calendar year December 2020, the City of Antioch has no revenue loss and therefore government services cannot be funded in this category); and
• Invest in water, sewer, and broadband infrastructure (as outlined in the interim final rule).

The Department of the Treasury has not yet issued final rules for spending of the funds which may provide further clarification and guidance from the interim final rule initially released. It is recommended that the City Council set a date for a future study session on allocation of the funds.

$1 Million in One-Time Funds, Mayor Wants to Use Them on Hard House for Council Member Offices

Thorpe wanted the city to put money into the Hard House “as an extension of city hall…with offices for council members.” The brick building was the home of the City’s first mayor and is located on W. First Street next to the Lynn House Gallery and across from the Amtrak Station.

The Hard House was once proposed to be donated to a non-profit organization that planned to reinforce it to earthquake standards and completely restore the building. Other ideas were to turn it into a bistro or offices.

“It was pretty disappointing to show up here and see there was no space for city council members which is pretty telling of our role, here,” Torres-Walker said. She also asked to have staff for individual council members to come back for a future discussion.

“I agree with Councilwoman Torres-Walker regarding staffing support,” Thorpe said. “The public believes we are full-time, but we have full-time jobs. I believe it’s long past due.”

Ogorchock wanted all the funds to be spent to pay down the City’s unfunded liabilities.

But upon advice from City Manager Ron Bernal who said the staff could come back with more details on the proposals, it was decided the council will hold off on deciding how to spend the one-time funds.

 

Thorpe nominates Barbanica, Ogorchock to city manager recruitment ad hoc committee then votes against appointing them

Agree to settle employment discrimination lawsuit by former female Antioch cop against police department on 4-1 vote

Extend contract for city Public Information Officer at $8,000 per month for another six months

By Allen Payton

During their meeting Tuesday night, Nov. 23, 2021, the Antioch Council approved another cannabis business, one that processes marijuana through a cold-water extraction, on a unanimous vote, approved settling a former female cop’s employment discrimination lawsuit against the police department on a split vote, and fails to form an ad hoc committee for the hiring of a new city manager on another split vote. They also voted unanimously to extend the city’s PIO contract for another six months.

Before the regular meeting began, following the council’s closed session, City Attorney Thomas Lloyd Smith reported out regarding the lawsuit of Blanco v. City of Antioch, United States District Court Northern District of California, Case No. 3:20-cv-02764-TSH. The city council decided to settle the case, with Barbanica voting no, Smith said.

On April 21, 2020, former Antioch Police Officer Brittney Blanco filed a Civil Rights Employment Discrimination lawsuit against the police department. The case was filed in U.S. District Court, California Northern District. Blanco served on the force from July 2017 until August 2019. No word was given regarding the details of the settlement.

Extend $8K Monthly PIO Contract

During the Consent Calendar, the council voted unanimously to extend the contract for the City’s public information officer, Rolando Bonilla, of San Francisco-based Voler Strategic Advisors at $8,000 per month for another six months, through May 15, 2022. The total contract is not to exceed $256,000. Bonilla has been the City’s PIO since fall 2019. PIO Contract Extension ACC112321

Public Comments Now In-Person, Still Online and By Phone

At the start of the regular meeting, Mayor Lamar Thorpe stated that public comments from those in attendance at the council meetings would be heard first, followed by those who submitted their comments online or call in.

Unanimously Approve Another Cannabis Business

The council then held a public hearing on another cannabis business. According to City staff, “Delta Lab is proposing a cannabis operations facility with non-volatile extraction” manufacturing. It will be located in the same building where the same family owns Delta Dispensary on W. 10th Street. Delta Labs – city staff report ACC112321

The applicant, Rick Oak, along with his two sons, Dustin and Richard, spoke about their project which is “a cold-water extraction facility and family owned.” He showed a floorplan of the project and explained the product is dropped off process using small washing-type machines using ice to “knock off the hash from the product”. Then it’s stored in refrigerators until sold and picked up by truck.

District 3 Councilwoman Lori Ogorchock was the only member to ask a question about security.

“There’s a guard in our lobby in the dispensary,” Oak said.

With no one from the public speaking against the project, the council approved it on a 5-0 vote.

City Manager Recruitment Ad Hoc Committee

The council then considered forming an ad hoc committee on the recruitment of a permanent city manager.

“I think we have too much going on, right now,”said Wilson. “I think we should hold off until after the new year.”

Ogorchock volunteered to be on the ad hoc committee and Barbanica volunteered, too.

Thorpe then offered them as his nominees to the ad hoc committee.

Ogorchock made the motion and Barbanica seconded it, to approve the formation of the ad hoc committee, the appointment of the two council members, and a termination date of seven months.

“I’m looking at an estimated timeframe of April 30, 2022,” said Administrative Services Director Nickie Mastay.

The motion then failed on a 2-3 vote with Thorpe, Wilson and District 1 Councilwoman Torres-Walker voting no.

“Since that didn’t pass, it will come back, later,” Thorpe said.

 

All five Contra Costa Congressmen vote in favor; DeSaulnier praises passage calling it historic investment in American families; likely to be changed in the Senate, where support of all 50 Democrats is needed; CBO says it will increase deficit by almost $800 billion over next five years

By Allen Payton

The U.S. House of Representatives passed President Biden’s $2.2 trillion Build Back Better Act, H.R. 5376, also known as the budget reconciliation package, on Friday, on a mainly partisan vote of 220-213 with all Republican members and only one Democrat voting no. It now moves on to the Senate.

According to Roll Call, “Two key holdouts —West Virginia’s Joe Manchin III and Arizona’s Kyrsten Sinema — have yet to offer a public endorsement of the package. Senate Majority Leader Charles E. Schumer, (D-N.Y.), set a Christmas deadline for final passage.”

The 2,702-page bill passed following a record-breaking, 8 1/2-hour filibuster speech by Minority Leader Kevin McCarthy, (R-Bakersfield). He said, “it’s the most irresponsible spending bill in the history of America.”

According to the Summary of Cost Estimate by the Congressional Budget Office the legislation will increase the deficit by almost $800 billion through Fiscal Year 2026. However, “The CBO estimates that enacting this legislation would result in a net increase in the deficit totaling $367 billion over the 2022-2031 period, not counting any additional revenue that may be generated by additional funding for tax enforcement.”

However, according to the Committee for a Responsible Federal Budget, the legislation could result in a net deficit increase of $2.2 to $2.7 trillion if temporary provisions are made permanent without offsets.

DeSaulnier’s Statement on Passage

On Friday, Congressman Mark DeSaulnier (D, CA-11), who  represents portions of Antioch, issued the following statement upon passage of the Build Back Better Act (H.R. 5376), which passed the U.S. House of Representatives by a vote of 220-to-213.

“Today’s passage of the Build Back Better Act is a victory for families across the country and in Contra Costa. Through its historic investments in early, primary, and secondary education and childcare, we are finally ensuring that all children have the opportunity to thrive both in and out of the classroom, no matter where they live or how much their parents earn. From free preschool for three- and four-year-olds to lowering the cost of high-quality childcare, this bill would give over 90% of parents with young children the opportunity to reenter the workforce knowing their children are safe, cared for, and learning.

By finally calling on the wealthiest Americans and big corporations to pay their fair share, every provision in this bill is paid for and we are making a statement that our children are our priority. I urge the Senate to pass the Build Back Better Act without delay to deliver this much needed relief to families as quickly as possible. American families are counting on it.”

In addition, Build Back Better would:

• Provide monthly payments of $300 per child under 6 and $250 per child ages 6 to 17 for more than 35 million families under the Child Tax Credit;
• Devote the necessary resources to combat the climate crisis through expanded tax credits for clean energy and programs to drive down pollution;
• Lower the cost of prescription drugs and expanding Medicare, Medicaid, and the Affordable Care Act;
• Bring down costs of long-term care and supporting care workers;
• Expand opportunities for workforce development programs; and
• Create affordable housing.

Unpopular Provisions in Bill

According to polling, only 39% of battleground voters support “Build Back Better” while 46% oppose it.

Some of the most unpopular items in the bill include:

• A natural gas tax that will increase home heating costs, electricity rates, and raise gas prices.
• An eighty-thousand-dollar tax break to wealthy homeowners in New York, New Jersey, and California.
• A $3,600 a year child tax credit to illegal immigrants for every child they bring into America or give birth to after arriving.
• 87,000 new IRS agents to increase audits of taxpayers that will look through the bank accounts of every American earning or spending more than $600 per year to make sure they are paying enough taxes, disproportionally affecting small business owners.

What’s In the Bill

According to the National Review, the legislation includes:

$555 billion in subsidies to move America from one source of energy to another, including up to $12,500 per new electric car purchase;

$220 billion for clean energy & climate resilience;

$190 billion to establish or expand clean energy & electric tax credits;

$60 billion to establish or expand clean fuel & vehicle tax credits;

$75 billion to establish or expand other climate-related tax benefits; and

$10 billion to enact infrastructure & related tax breaks;

$400 billion for universal pre-school and day care, including $18 billion in the first three years to create universal pre-kindergarten. Then, the program would be funded by a mixture of federal and state funds;

$300 billion for restoration of the state and local tax (SALT) deduction eliminated in the Tax Cuts and Jobs Act of 2017. According to CNBC the bill, “raises the cap on the state and local tax deduction from $10,000 to $80,00 in 2021, which will benefit the richest households in the country, according to the Tax Foundation.”

$200 billion to extend and expand both the Child Tax Credit and the Earned Income Tax Credit, for four weeks of paid parental, sick or caregiving leave;

$90 billion for what the White House describes as “Equity and Other Investments”;

$38 billion in new energy taxes;

$9 billion to higher-learning institutions for “qualified environmental justice programs”;

$7 billion for service groups for projects related to “climate resilience and mitigation”;

$3.5 billion for ports to purchase “zero-emission” equipment;

$3 billion to fund pandemic preparedness;

$3 billion for better records and hospitals for veterans;

$3 billion in “climate justice block grants” that go into projects in disadvantaged communities. The criterion for grants is based on the race of the projects’ sponsors;

$450 million for nontraditional climate apprenticeship programs;

$350 million to “rebuild” the National Labor Relations Board and $321 million to “rebuild” the Equal Employment Opportunity Commission;

$275 million to upgrade the health-care system in Hawaii which also gets $5 million to save endangered plants;

$200 million to preserve Native American languages;

$150–$250 million (estimated) as tax credits to “local” news organizations, excluding government entities, except NPR and PBS. Note: “Local” is broadly defined, and appears to include almost all news organizations, including the New York Times and Washington Post. The bill also contains a rich new deduction for trial lawyers;

$124 million to combat substance abuse;

$85 million for studying the risks of climate change for “pregnant, lactating or post-partum individuals”;

$50 million to train and certify more doulas; and

$5 million to save desert fish.

According to CNBC, “To pay for the bill, House Dems are proposing increasing some taxes on businesses and the wealthiest Americans. It includes a 5% surtax on adjusted gross income (AGI) over $10 million for individuals and an additional 3% on AGI over $25 million.”

See more details on the Committee for a Responsible Federal Budget website.