In case of death, going missing or being incapacitated during declaration of emergency

They’re the city’s real designated survivors

By Allen D. Payton

During their special meeting Friday afternoon, Jan. 13, 2023, the largely ceremonial appointments by the Antioch City Council of their Standby Council Members were approved, except for District 2 Councilman Mike Barbanica’s who was not in attendance. (See related article)

But the appointments are serious and are for the purpose of the continuity of government if ever needed. They’re the city’s real designated survivors.

According to the staff report, each council member gets to appoint three people in order of priority to step into their role if the council member is unavailable due to being killed, missing or having an incapacitating injury in the event of a declaration of emergency. Consideration shall be given to places of residence and work such that the greatest probability of survivorship or availability exist. While not required, priority shall be given to city residents who are at least 18 years of age and are registered voters.

Standby council members may become activated during a state of war emergency, a state of emergency or a declared local emergency. No standby member shall become a member of the City Council unless there is a declared emergency described above. The mere vacancy of the regular Council Member’s office absent a declared emergency shall not activate the standby member. The first priority standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including standby officers who are serving. If the first priority standby member is unavailable, the second priority shall serve, and so forth. Standby members shall serve at the pleasure of the governing body appointing them and may be removed and replaced at any time with or without cause.

The provision for standby council members allows for the continuity of government in the event of a catastrophic emergency. Standby council members are not activated in the event of a “regular” vacancy in a council seat.

Mayor Pro Tem and District 1 Councilwoman Tamisha Torres-Walker appointed Leslie May, Kimberly Carlson and Antoine Watt.

District 3 Councilwoman Lori Ogorchock appointed former City Manager Roland “Ron” Bernal, former Mayor Donald Freitas and Sandy Hartrick.

District 4 Councilwoman Monica Wilson appointed Harry Thurston, Devin Williams and Susanna Williams.

Mayor Lamar Thorpe appointed Parks and Recreation Commission Chair Marie Arce, Christina Hills and Antioch School Board Area 1 Trustee Antonio Hernandez.

They will be sworn in at a future date, Assistant City Manager Rosanna Bayon Moore stated.

As Johnson pursues reorganizing departments, creating new department and position

By Allen D. Payton

A little more than a week before Christmas, on Friday, Dec. 16, 2022, Antioch City Manager Con Johnson placed Public Works Director and City Engineer John Samuelson on paid administrative leave for six months. Then in a letter on Dec. 27th Johnson informed Samuelson he was fired effective Jan. 3, 2023.

Now, during tonight’s meeting, Johnson is asking for the council’s support to reorganize both the Public Works and Community Development Departments, including creating a new Engineering Department with a new department head. (See related article)

In an automated response to an email sent by this reporter on December 24, asking about the proposed traffic calming devices on James Donlon Blvd. and Sycamore Drive, Samuelson wrote, “Thank you for contacting the City of Antioch. I have been placed on administrative leave and I do not know if or when I might return.  Please contact Public Works at publicworks@antiochca.gov if you need assistance.”

An email was sent on Dec. 28 to both Johnson and Human Resources Director Ana Cortez asking several questions including, “Why was he placed on paid administrative leave? When did it occur? How long will it last and is he going to return to the position? Who has been appointed the acting head of the Public Works Department in his absence?” No immediate response was received.

Then in a video posted on Mayor Lamar Thorpe’s official Facebook page on Thursday, Jan. 4, Thorpe introduced “our Interim Public Works Director Scott Bunting” and wrote in the post above, “Scott Bunting, Public Works Dir.”

On Sunday, Jan. 8, Cortez responded via email, “We acknowledge you[r] request for information.  We request additional time to respond to your request.”

When asked why he was placed on administrative leave Samuelson said, “He originally told me I would be placed on paid administrative leave for six months. But then in a letter from Con Johnson I was notified I was terminated effective January 3rd.”

“I believe I received the letter on December 27th,” he added.

Asked about his plans Samuelson said, “Today is my second day as the new city engineer and public works director for the City of Pittsburg.”

An email was sent to both Cortez and Johnson asking if Samuelson was fired, “if so, did that comply with the MOU the city’s management team, including department heads, have with the City?” and for any other details related to the matter.

Please check back later for any updates to this report.

Another cannabis business; reorganizing city departments, adding department head; to give performance evaluations for city manager, attorney

By Allen D. Payton

During their first meeting of the year, tonight, Tuesday, Jan. 10, the Antioch City Council will again consider hiring three part-time secretaries for themselves, increasing their own salaries and reorganizing the Public Works and Community Development Departments, which would include creating a new Engineering Department and adding another department head. They will also vote on approving a use permit for another cannabis distribution business. Prior to the regular meeting, during Closed Session, the council members will give performance evaluations to both City Manager Con Johnson and City Attorney Thomas L. Smith. (View the complete council meeting agenda packet.)

Cannabis Distribution Business

Under agenda Item 9, the council will consider approving a use permit for another cannabis distribution business named Delta Distribution at 2101 W. 10th Street. The location already houses five previously approved existing cannabis businesses, including Delta Labs, Delta Dispensary, Delta Nursery, Delta Farms and KWMA. The latter two are cultivation businesses. (See Item 9)

Reorganizing City Departments

First, City Manager Con Johnson placed Public Works Director and City Engineer John Samuelson on paid administrative leave Friday, Dec. 16, 2022. Now, he is pursuing a reorganization of both the Public Works and Community Development Departments and asking for the council’s approval.

In an automated response to an email asking about the proposed traffic calming devices on James Donlon Blvd. and Sycamore Drive, Samuelson wrote, “Thank you for contacting the City of Antioch.  I have been placed on administrative leave and I do not know if or when I might return.  Please contact Public Works at publicworks@antiochca.gov if you need assistance.”

Now, Johnson is proposing the council consider reorganize both the Public Works and Community Development Departments and create a new Engineering Department with a new head. But there are no details on the costs nor on how the Community Development Department would be reorganized. (See Item 10)

Council Pay Raises

Even though the city council voted 4-1 in 2019 for a 70% increase in their monthly stipends from $941.20 to $1,600.04 per month, the current council members will consider another 15.8% increase or $252.21 for a total of $1,852.25 per month for the part-time policy makers. Councilwoman Lori Ogorchock was the only member to vote against the 2019 pay raise, while then Councilmembers Lamar Thorpe and Monica Wilson voted in favor. Councilmembers Tamisha Torres-Walker and Mike Barbanica weren’t elected until 2020 and the increase didn’t go into effect until January 1, 2021, after that year’s election.

But the new increase can’t go into effect until January 1, 2025. According to the city staff report, “State law would permit an increase to $1,852.25 per month effective January 1, 2025 by applying the allowed five percent increase for four years (on a simple, non-compounded basis).” (See Item 11)

Council Secretaries

In addition to Mayor Lamar Thorpe having his own office and one office for the other four council members inside City Hall – even though City Treasurer Lauren Posada didn’t have her own office and was still using a cubicle in the Finance Department until she was informed on Dec. 29 that she would have one, again*, – for the first time ever, the five part-time policy makers will vote on hiring three part-time secretaries to support them. Currently the city manager’s secretary supports the council members, but the proposal is to hire one for the mayor, one for councilmembers in Districts 1 and 4 and another for councilmembers from Districts 2 and 3. Thorpe has split it up that way so that if District 2 Councilman Mike Barbanica and District 3 Councilwoman Lori Ogorchock vote against the expenditure, they won’t have a part-time secretary to support them. The estimated costs are $15,000 to $21,667 for one secretary, $30,000 to $43,334 for two and $45,000 to $60,000 for three secretaries if all three are approved. (See Item 12)

*UPDATE: Posada shared Tuesday afternoon that, tonight, she and her husband were moving her back into the first-floor office she previously shared with City Clerk Ellie Householder, who has had her own office on the third floor since the completion of reconstruction inside City Hall, last year.

The meeting begins at 7:00 p.m. in the City Council Chambers at 200 H Street in historic, downtown Rivertown or can be viewed on Comcast channel 24, AT&T U-verse channel 99, or live stream at www.antiochca.gov/government/city-council-meetings.

 

Concord Councilman Dominic Aliano

SACRAMENTO – Senator Steve Glazer, D-Contra Costa who represents the 7th State Senate District, announced this week that he has hired Concord City Council Member Dominic Aliano as his new District Coordinator.

“I’m excited to bring Dominic on board to lead our District office,” Senator Glazer said. “Dominic has a strong background in delivering on the needs of local constituents. And he brings a personal history to my Senate District, having been raised in Concord and serving their residents on the City Council.”

Aliano will begin on January 9. He replaces George Escutia, who served under Senator Glazer since 2015, the last three and a half years as district director.

Since 2015, Aliano has served as district representative for two Contra Costa County supervisors – Karen Mitchoff and Federal Glover. His work included economic development, sustainability, environmental health and zoning and code enforcement.

Aliano has also worked in a variety of leadership positions. He has served on Concord’s City Council since December 2018, including as mayor; on the Boards of Directors for the Monument Crisis Center, Todos Santos Business Association and Support4Recovery; and as a Planning Commissioner for the City of Concord.

Aliano graduated in 2014 with a bachelor’s degree in political science from Whitworth University in Spokane, Washington.

The 7th District is comprised of the following cities: Antioch, Brentwood, Pittsburg, Oakley, Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, San Ramon, Walnut Creek in Contra Costa County and Dublin, Livermore and Pleasanton in Alameda County.

Washington, D.C. – U.S. House of Representatives’ Democratic Leader Hakeem Jeffries announced today that the Democratic Caucus affirmed his nominations to the House Committee on Ethics for the 118th Congress. They will serve under the leadership of Ranking Member Susan Wild of Pennsylvania.

“Today, I am honored to appoint Reps. Veronica Escobar, Mark DeSaulnier, Deborah Ross and Glenn Ivey to the House Committee on Ethics. These Members have each shown a steadfast commitment to good governance and they exemplify our Democratic values of integrity, transparency and accountability. Under the leadership of Ranking Member Susan Wild, these Members will protect the sanctity of the People’s House and ensure that our elected officials uphold the highest ethical standards.

I look forward to working with Representatives Wild, Escobar, DeSaulnier, Ross and Ivey to put People Over Politics and I thank them for their service on this important committee.”

DeSaulnier represents California’s 10th District in the House of Representatives which includes most of Contra Costa County including portions of Antioch.

Extends current contract by 22 months, includes severance package, will be paid $266,400 annual salary

“Tonight’s process degrades the city manager’s position to little more than a political patronage job,” – resident Dr. Jeffrey Klingler

Approves new Travis Credit Union building; contractor for mental health response team, naming it after Angelo Quinto

By Allen D. Payton

With only two weeks before the November election, during their meeting Tuesday night, Oct. 25, 2022, the Antioch City Council on a 3-2 vote appointed Interim City Manager Cornelius “Con” Johnson as the permanent city manager for another 22 months. Mayor Pro Tem Mike Barbanica and District 3 Councilwoman Lori Ogorchock dissented.

According to the staff report, the initial term of the agreement will be for a period of 24 months beginning 12:00 a.m., October 26, 2022, and shall continue until 12:00 a.m., October 26, 2024. Johnson’s prior contract, which is set to expire on December 12, 2022, expired at midnight and will be superseded by the new agreement.

Selects Mental Health Crisis Response Team Pilot Program Contractor

In addition, on a 5-0 vote, the council selected the Felton Institute to provide non-police community crisis intervention services. According to the city staff report, “The Crisis Antioch Response Team (CART) Pilot Program will operate for a minimum two-year duration. The program’s estimated cost per the program design forecast by Urban Strategies Council is between $1.8 and $2.2 million per year. Per Antioch City Council action on April 12, 2022, American Recue Plan Act (ARPA) funding has been allocated for this specified purpose in the total amount of $3.6M. The final fee is yet to be negotiated and will be captured in the final agreement for City Council action.”

The program will establish “a 24-hour community crisis intervention response model for Antioch residents” which is intended “to improve the City’s response to behavioral health, quality of life and lower acuity calls.”

The council authorized “the City Manager to enter into negotiations with the Felton Institute regarding the final scope of work and fee associated for the City’s Crisis Antioch Response Team (CART) Pilot Program.” The Professional Services Agreement will be presented to the city council for final review and approval.

During council discussion District 4 Councilwoman Monica Wilson asked that the program be named the Angelo Quinto Response Team instead.

“I want to say to the Quinto family, you lost your son, that’s how we got here,” District 1 Councilwoman Tamisha Torres-Walker said. “Your loss has spurred some change, but it didn’t have to happen.”

“I haven’t found an officer who doesn’t want this,” Thorpe said. “They didn’t sign up to be clinicians, counselors and they didn’t sign up to be teachers, so we’re not putting them in our schools, either.”

Torres-Walker, Ogorchock and Wilson said they would support the renaming.

Barbanica said, “I understand why we’re doing this. What I don’t want is between the officers and individuals they’re working with, friction. But I want to be very straightforward that the Antioch Police Department has been cleared of any wrongdoing. That being said, yes, I will support that.”

Thorpe added his support to renaming the program. Wilson then made a motion to approve selecting the Felton Institute and naming it the Angelo Quinto Crisis Response Team and it passed unanimously.

Later during public comments on another item, Katherine Wade, who claims her son, Malad Baldwin, took his life following an incident with Antioch Police officers in which she says they beat him, said the program name should remain CART and not be named for Quinto. During general, public comments at the end of the meeting Antioch resident Lacey Brown said she agreed with Wade.

Approve New Building for Travis Credit Union

In other action, on a 5-0 vote the council approved the final development plan for a new Travis Credit Union building at 3500 Hillcrest Avenue, just east of the Hillcrest Professional Center. According to the city staff report, “The subject site is a 1.48-acre vacant parcel. The project scope includes the construction of a new 3,525 square foot bank building with a drive-up ATM. Site improvements include the construction of a new parking lot, site lighting, landscaping and stormwater detention basins. The site will have 27 off-street parking spaces. Operating hours are proposed to be 10 am-5:30 pm, Monday – Friday, 10 am – 2 pm on Saturday and closed on Sundays. There will be a total of 11 full-time employees on a typical shift.”

City Manager Appointment

Before voting on Johnson’s contract appointing him as the permanent city manager, Ogorchock asked, “Since we didn’t get to that, do we have to table this?”

“That’s placed there as a courtesy,” Thorpe said. “You can ask your questions in public.”

“No one can say he’s the best candidate…because this council didn’t engage in a fair, open and equitable, professionally managed process,” resident Dr. Jeffrey Klingler said. “Tonight’s process degrades the city manager’s position to little more than a political patronage job. He deserves more than that and more importantly the city deserves more than that.”

“You can table this item and do a proper search for a city manager,” he added.

Five people spoke in favor of Johnson’s appointment including Pittsburg resident Willie Mims and Contra Costa County 2022 Humanitarian of the Year Gigi Crowder, Frank Sterling and Patricia Granados.

“You have not given us a process to get the best candidate. I don’t know you, Mr. Johnson,” said District 1 Council candidate Diane Gibson-Gray. “In less than 13 days and one hour you could have a new council up there. He has a contract through 12-12. I don’t understand the rush.”

A resident named Johnny Walker spoke via Zoom saying, “I really have a problem with this appointment of the city manager. He’s very inexperienced. Since it was the mayor’s idea, the mayor’s appointment, he campaigned for the mayor. The mayor has been making some really bad decisions, and this is one of them. Mr. Johnson spent $30,000 on bouncy houses.”

“It smells like there’s burning here,” City Clerk Ellie Householder then said.

“Oh, maybe someone set my car on fire,” Thorpe responded.

Public comments on the city manager’s appointment then continued.

“It’s a relief to have someone that understands something that happened to me,” Sterling said. “I’m not saying Mr. Johnson has sat down and had a heart to heart…with me. We can find someone probably better. I don’t know if we can or not. Let’s give this man a chance. Congratulations, sir. Welcome to your new appointment. I wish you luck and to the city.”

“I’m excited the direction the City of Antioch is going in,” Granados said. “Wait until after the next election? That’s the problem. No. We don’t have time to wait. Policies need to be put in place. The right money needs to be spent. We don’t need to wait until after the next election.”

During council discussion, Thorpe sought input from the council saying, “In discussion with the city manager, he discussed a two-year term.”

He then recommended a two-year contract at Step C for Johnson’s annual salary of $266,400.

Torres-Walker made the motion, Wilson seconded it.

Ogorchock then made a substitute motion, “That we have an open process and send it out.”

“I don’t think you can make that motion because this is on the contract,” Thorpe said.

“That is correct. You can vote this down and talk about that on another item,” City Attorney Thomas L. Smith said.

The motion then passed 3-2 with Barbanica and Ogorchock voting against.

During the Council Communications portion of the meeting, Torres-Walker took the opportunity to issue one of her periodic, racially filled, vitriolic diatribes – this time prepared in writing – in which she took swipes at her two election opponents, Diane Gibson-Gray and Joy Motts, local media, Barbanica and Ogorchock, but praised Wilson.

Householder then announced that Thorpe had postponed the next regular council meeting scheduled for Election Night, Nov. 8th until Tuesday, Nov. 15th.

Expected to participate via Zoom; “assistant” reveals Thorpe traveled to Los Angeles for one day

By Allen D. Payton

Antioch Mayor Lamar Thorpe left the Sept. 27, 2022, council meeting early after getting his council colleagues to move up some agenda items and public comments moved toward the end. It was the first council meeting held since the Board of Supervisors voted for the $350,000 settlement in the sexual harassment lawsuit against him on Tuesday, Sept. 13th. While Thorpe refuses to give the reason for the quick trip or where he went, it was later revealed by his “assistant” on his official Facebook page, that he had flown to Los Angeles and returned Wednesday but didn’t say why, either.

Thorpe will be in Seattle for a four-day transportation conference, Tuesday night, Oct. 11th during the council meeting, but is expected to participate via Zoom. Antioch District 4 Councilwoman Monica Wilson is also expected to be on the same trip and participating in the meeting via Zoom. They both serve on the Tri Delta Transit Board of Directors representing Antioch and for which he currently serves as vice chair.

In a post on his official Facebook page on Thursday morning, Thorpe shared a photo of himself with Daniel Sohn, executive director of the Antioch Chamber of Commerce and Interim City Manager Con Johnson inside the Bluerock Starbucks celebrating “National Coffee Day” and inviting one resident to “get down here, gurl! there’s plenty to go around.”

Thorpe was asked about his Tuesday night flight and being out of town for the next council meeting on Oct. 11th. Following a voicemail message to which he did not respond, Thorpe was asked again via email Friday morning, Sept. 30, “To where did you catch a flight Tuesday night and for what reason that caused you to leave the council meeting early? When did you return that allowed you to be back in Antioch at the Bluerock Starbucks yesterday (Thursday) morning to take and post the photo on ‘National Coffee Day’?”

Since Thorpe said he would be gone for the next council meeting, as well, it was assumed he was traveling out of town for two weeks. He was also asked, “since you have your DUI trial scheduled for next Thursday, Oct. 6, did you not actually travel out of town? Where will you be on Tuesday night, Oct. 11 that will cause you to miss that night’s council meeting?”

He was also asked, “is this merely an effort, along with moving up the items before public comment on last Tuesday’s council meeting agenda, to avoid hearing public criticism and negative comments from people regarding the recent settlement of the sexual harassment suit against you?”

Thorpe did not respond.

However, in another post on also his official Facebook page, the same day, about the cleanup of the homeless camps on A Street along the railroad right-of-way, someone asked in a comment, “How can you be out of town but be at Starbucks on lone tree? #transparentantioch”

The response from someone read, “Mayor Thorpe was in Los Angeles Wednesday not Thursday.”

This reporter then asked, “why? Was it an official, government trip or personal?” Neither the person nor Thorpe responded. Those comments have since been illegally removed.

On Monday, Oct. 3 he was, again asked about his trip to L.A., “Why were you there? Was it an official, government trip, personal or for other business? If for a government trip, what did you do on behalf of the City of Antioch in Los Angeles, that day? If not, could it have been scheduled for some other time, so you didn’t have to miss part of Tuesday night’s meeting and rearrange the agenda? How long before Tuesday night did you know about your flight out that night? Was it prior to you developing the agenda for Tuesday night’s meeting? Also, why will you be unable to attend the next council meeting on Oct. 11, either in person or via Zoom?”

Thorpe was also asked, why he has an “assistant” responding to members of the public on his official Facebook page, who she is and if she is being paid by the city in some capacity or from his campaign funds. Finally, he was asked, “Do you really not have the time to interact with your own constituents?”

He did not respond.

Another attempt was made to obtain Thorpe’s reasons for missing part of the last council meeting and the next one. He was asked Tuesday night, Oct. 4th, “Why did you have to fly out of town last Tuesday night causing you to miss part of the council meeting?” and “Why will you be unable to participate in the next council meeting either in person or via Zoom on Tuesday, Oct. 11th? Where will you be and why?”

On Saturday morning, Oct. 8 Thorpe was asked via email, “Is it true you will be participating in next Tuesday’s council meeting via Zoom because you will be in Seattle, Washington for the American Public Transportation Association (APTA) conference as a member of the Tri Delta Transit board? If so, why do you need to go? Do all the board members attend each APTA conference each year? Will any staff or other board members from the agency be traveling there with you, other than Monica Wilson? How much is your trip costing the agency, thus the taxpayers? Also, again, why did you fly to L.A. on Tuesday night Sept. 27 causing you to miss part of the council meeting that night?”

Thorpe did not respond by publication time.

By Susan Shiu, PIO, Contra Costa County Office of Communications & Media

(Martinez, CA) – Sept. 19, 2022 – The Contra Costa County Board of Supervisors, in its capacity as successor agency to the Los Medanos Community Healthcare District (“District”), has approved an out-of-court settlement relating to claims submitted by Jasmine Cisneros and Jocelyn Munoz against the District and its former executive director, Lamar Thorpe. (See related article)

The liability insurance carrier for the former District, RSUI Group Inc, handled this matter and provided counsel to defend the claims.  Following a mediation session among the parties, a settlement was reached.  The settlement was fully executed on August 23, 2022.

The total amount of the settlement of both claims was $350,000, inclusive of attorneys’ fees and costs. Of the settlement amount, $321,000 was paid by the former District’s liability insurance carrier. The remaining settlement amount of $29,000 was paid from the Los Medanos Community Healthcare fund, as an insurance deductible payment.

The Board of Supervisors approved the settlement solely in its capacity as the successor agency to the District. As the successor agency, the County was required to assume all liabilities of the District, including any claims filed against it. The settlement includes a release and waiver of all claims by Cisneros and Munoz against the District, the former executive director, and the County.  The settlement also avoids potentially expensive federal court litigation relating to the claims.