Contra Costa part of multi-county lawsuit

By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office

The Contra Costa District Attorney’s Office announces that PetSmart LLC entered into a Stipulated Judgement on June 23rd and will pay $1.46 million for overcharging customers, false advertising, and unfair competition.

District Attorney Diana Becton said that “The law in California is clear: businesses must be accurate in charging for goods and services. For customers, it’s important to monitor items scanned at a register and scrutinize your receipts to make sure you are not being overcharged.”

The outcome of the multi-county lawsuit against PetSmart includes court orders that prohibit the company from engaging in false or misleading advertising and charging an amount greater than the lowest price posted for an item. Moreover, PetSmart must implement additional audit and price accuracy procedures in its California stores for a three-year period to ensure compliance with pricing accuracy requirements, including notifying customers of their right to be charged the lowest currently advertised price for any item offered for sale.

PetSmart will pay $1,250,000 in civil penalties, $100,000 in restitution to support consumer protection enforcement efforts, and $110,000 for investigative costs incurred by various counties. Because of this legal action, PetSmart has implemented new policies and procedures to improve pricing accuracy with routine audits, detailed record keeping, and in-store signage to notify customers about the lowest advertised price for items.

The lawsuit was filed in Santa Cruz County. In addition to Contra Costa County, Plaintiffs include Sonoma County, Alameda County, Marin County, San Diego County, Ventura County, and Los Angeles County. Deputy District Attorney Bryan Tierney prosecuted the case for the Contra Costa County District Attorney’s Office – with assistance by the Contra Costa Department of Agriculture/Weights & Measures.

If members of the public believe they have been overcharged by businesses, contact our office at: DA-ReportFraud@contracostada.org.

By Allen D. Payton

On Friday afternoon, Antioch Mayor Lamar Thorpe issued a statement of support for new Acting City Manager Kwame Reed, the City’s Economic Development Director, who was appointed to the temporary position that morning. In addition, the Antioch Chamber of Commerce also issued a statement of support for Reed. He was appointed on a 4-0 vote of the city council during a special, closed session meeting. (See related article)

In the post on his official Facebook page Thorpe wrote, “Earlier today, the City Council appointed Kwame Reed as the city’s acting city manager until further notice.

Mr. Reed has been with the city of Antioch for close to 5 years in the role of Economic Development Director. He has a public sector career that spans more than 28 years. For most of his career, he has worked for cities in Eastern Contra Costa County. He has a degree in City and Regional Planning from Cal Poly State University in San Luis Obispo.

I want to personally thank outgoing acting city manager, Forrest Ebbs for stepping up to hold the ship steady while the city navigated some unexpected changes.

Congratulations on Mr. Ebbs’ recent appointment as Deputy City Manager for the City of Modesto.

I want to assure Antioch residents, our city employees, and partners that the City’s leadership remains focused and UNITED on our top priority of increasing our overall quality of life and ensuring public safety. Antioch’s government continues to be open for business and working for the people.

I have personally been briefed by all of our department heads and they continue to assure me that they are committed to this mission and that they will continue moving forward with clarity, and a focus on delivering key services.”

On the Chamber’s Facebook page was posted the “Antioch Chamber of Commerce Official Statement regarding appointment of Kwame Reed as city’s acting city manager:

Earlier today, the City Council appointed Kwame Reed as the city’s acting city manager.

‘On behalf of the Antioch Chamber of Commerce Organization, I’d like to congratulate the City of Antioch on the outstanding appointment of Kwame Reed as the Cities Acting- City Manager. There is no doubt in my mind that Kwame’s tireless work on behalf of Antioch’s Enterprise & Commerce Community is unmatched and that he is ready to take on this important Leadership role during such a critical transition period for the City of Antioch,’ said Daniel Sohn, President/ CEO for the Antioch Chamber of Commerce.

Last year, the Antioch Chamber presented Mr. Reed with an award for his results-oriented work on behalf of Antioch businesses in his capacity as Antioch’s Director of Economic Development.” (See related article)

Reed began is additional duties on Friday afternoon, as Ebbs returned to his position as the City’s Community Development Director and was heading out for a two week vacation before ending his time with Antioch on July 14.

Will discuss 18 other agenda items during special meeting next Tuesday

“There are some big shoes to fill.” – Reed said of the departing Forrest Ebbs

By Allen D. Payton

During Friday morning’s special Antioch City Council closed session meeting on a 4-0 vote Economic Development Director Kwame Reed was appointed acting city manager to replace Community Development Director Forrest Ebbs. He has held the position since March but announced last week he’s taking a new position as a Deputy City Manager with Modesto.

During the open session portion of the meeting, Assistant City Attorney Rachel Hundley reported out of closed session about the vote for Reed’s appointment. He fills the position held by City Manager Con Johnson who was placed on paid administrative leave March 17. Following the council’s closed session during their June 13th meeting, City Attorney Thomas L. Smith merely reported out regarding the item entitled entitled “Public Employee Performance Evaluation and Potential Action – City Manager”, that they had given him direction. That is expected to be an offer to Johnson to resign or face termination.

At Friday morning’s meeting during open session, Mayor Lamar Thorpe then requested a motion to adjourn the 18 items to a special meeting at 6:00 p.m. next Tuesday, June 27 before the regular meeting that begins at 7:00 p.m. The motion passed 3-0 with Mayor Pro Tem Tamisha Torres-Walker and District 3 Councilwoman Lori Ogorchock absent. Torres-Walker attended the closed session but as previously reported could not attend the open session due to previous commitments and Ogorchock is out of town at a League of Cities conference.

Reed has been in his current position with the City of Antioch since July 2, 2018 after working for both the City of Brentwood for almost 14 years as an Economic Development Senior Analyst and two years as an Associate Planner for the City of Oakley. Prior to that position, he worked for two years as a planner for the San Joaquin Regional Rail Commission which operates the ACE Train. Reed has a bachelor’s degree in City/Urban, Community and Regional Planning from Cal Poly San Luis Obispo.

He has been married for 26 years and is the father of two boys and a daughter.

When reached for comment Reed said, “I’m very excited for the opportunity. I’ve been around for a while. I’ve seen how things work. It’s a wonderful opportunity. It’s not going to be easy. It’s going to be tough. There are some issues that will be handled. I look forward to working with the entire council and getting community support, again, and the entire staff. I have good relationships with everyone and look forward to strengthening those and supporting them, as well.”

“Forrest has done a great job. I’m really going to miss him,” he shared about outgoing. “There are some big shoes to fill. We all wish him well. But when he announced he’s moving on, it was ‘wow’. We’re going to lose a good bit of knowledge when he departs.”

Immediately prior to the open session, District 2 Councilman Mike Barbanica and Thorpe had a brief conversation in the back room behind the dais, with Hundley, which people in attendance at the meeting saw.

Asked about it Barbanica said, “Lamar was going to discuss an item about rent control but what I was telling him was there were only three of us there and that I had a conflict of interest, as I couldn’t vote on it, before as it could have a direct effect on my business.” The councilman is a real estate broker and property manager in Antioch.

“Any item that has come up regarding tenants, rent, etc. I’ve brought up with the city attorney about any potential conflict of interest,” he explained. “Because this meeting was going to be postponed, I didn’t have time to consult the city attorney and I couldn’t do that 30 seconds before the meeting. I told them I was going to recuse myself and Rachel agreed, and we’ll vet this out further before Tuesday night.”

The special Friday morning meeting adjourned at 10:35 a.m.  

In addition to an acting city manager, as reported by Thorpe at last week’s council meeting, the City currently has 87 vacancies, including the assistant city manager, 17 unfilled positions in the police department plus 35 officers on paid administrative leave pending the two investigations, an acting public works director, and soon an acting community development director on July 15 following Ebbs’ departure.

Five Antioch homes included

By Moorea Warren, Information Officer, California Department of Cannabis Control

Thanks to the continued dedication and collaboration of the Governor’s Unified Cannabis Enforcement Taskforce (UCETF) 20 East Bay illegal indoor cannabis cultivators were shut down on June 20, and a total estimated value of over $15.3 million of illegal cannabis was seized.

An investigation spanning several weeks culminated in the operation led by the Department of Cannabis Control (DCC). There were 20 search warrants served by four units of officers and local and state partners, including the Department of Fish & Wildlife, the Department of Tax and Fee Administration, the California National Guard, and local law enforcement – five in Antioch (according to a witness two with addresses of 2460 and 2480 Stanford Way), three in Brentwood, two in Discovery Bay and ten in Pittsburg, resulting in the seizures of:

• 742 pounds of cannabis flower estimated valued of $1,244,762
• 17,121 cannabis plants estimated valued of $14,124,825
• 7 firearms (including 1 assault rifle)
• $24,197 in cash

Several of the locations were red-tagged for safety and code violations.

Allen D. Payton contributed to this report.

Police use taser to subdue suspect

By Allen D. Payton

According to Antioch Police Department PIO, Corporal Price Kendall, on Saturday, June 17, 2023 at approximately 5:10 pm, the reporting party and victim, a 22-year-old male, was approached, at 300 L Street in front of the APD Lobby, by an unknown 47-year-old male on a bicycle who appeared to be intoxicated. The unknown male brandished and threatened the victim with a large, kitchen-style knife before riding away on his bicycle. Officers were flagged down as they happened to be in the area and the victim reported the crime to them.

The unknown, older male was found in the surrounding neighborhood along K Street near W. 3rd Street. When officers located the suspect, he was still armed with the knife, and he was in possession of an aluminum bat. Officers tried to detain the man, but he attempted to flee and a short foot pursuit followed. The suspect was detained after officers used their taser device to subdue him.

According to Art Ray of Bay News Video, “Fire Department personnel from Engine 81 evaluated the handcuffed suspect who was then taken into custody.”

By Selena Cedano & Allen D. Payton

The 413 graduates of the Antioch High School Class of 2023 celebrated with their family and friends inside Eells Stadium Friday morning, June 9. They filed in to the traditional sounds of Pomp and Circumstance followed by a performance by the Music Masters, led by Director Katelyn Mason, of the National Anthem and “Not to Say Goodbye”.

ASB President, and 2022 Antioch Youth of the Year, Mateo Ismael Castro offered welcoming remarks. “Just remember, even though we go our separate ways we remain in each other’s hearts and always hold the ones you love in your heart. Hold them dearly,” he said. “Cherish the people around you because tomorrow is not promised, and hate can’t be taken back. Always be kind, hug each other and love one another. Laugh with your loved ones. Take breaths, smile when you can and always tell that person you love them. Never stay mad at each other because tomorrow everything can be gone.”

He was followed by Principal John Jimno in his first year in the position.

“Keep going in life. We are so proud of your achievements and accomplishments throughout these past years,” he shared.

Valedictorian Ruben Sandoval Ruiz offered encouraging comments to his classmates.

“Stand together through tough times,” he said. “Be your best self. Love yourself. Take challenges. Be brave.”

Salutatorian Zachary David White reflected on their four years in high school.

“The pain of the pandemic made us. The growth changed us,” he stated. “Stay positive in life even when it’s hard.”

Area 5 Trustee Mary Rocha officially acknowledged the class on behalf of the school board.

“Life is full of surprises. Take it as it comes. Be wise”, she said.

Before accepting the class for meeting the state and district requirements to graduate, Superintendent Stephanie Anello said, “No dream or goal is ever too big for what you can accomplish. Think big. Reach high.

Senior Class President Carol Cervantes spoke last before leading the graduates in the turning of their tassels. “When we are down in our time of need, be a friend,” she said. “Be kind in a big world.”

The graduates then celebrated their shared accomplishment with hugs and a few tossing their caps, as family and friends cheered.

See video of the graduation ceremonies on the AUSD YouTube Channel.

Congratulations, graduates. Make Antioch proud!

Includes projected deficits of $10.2 million in 2023-24 and $15.4 million in 2024-25; also approves $226.6 million 5-Year Capital Improvement Program budget

By Allen D. Payton

During their meeting on Tuesday, June 13, 2023, the Antioch City Council adopted a $237.5 million annual budget for Fiscal Year 2023-24 and $226.2 million budget for Fiscal Year 2024-25 with $10.2 and $15.4 million deficits, respectively. The council also unanimously approved the $226.6 million 5-Year Capital Improvement Program budget and spending up to $2.1 million for police dispatch and records management software upgrade over five years.

Approves Two-Year Budget

The council approved the two-year budget for Fiscal Years 2023-25 using less than $3 million from Budget Stabilization funds for the General Fund, according to Finance Director Dawn Merchant. The 2023-24 Fiscal Year Operating Budget projects a total $10.2 million deficit with $227,370,716 in revenue, including$91,854,602 to the General Fund and $237,524,285 in expenditures, including $92,698,366 from the General Fund. In Fiscal Year 2024-25 the deficit is projected to be $16 million with $210,736,707 in revenue, including$97,314,672 in the General Fund and total expenditures of $226,163,010, including $100,314,672 from the General Fund. (See below)

Over half of the General Fund pays for police, including $50,741,523 in FY 2023-24 and $54,670,183 in FY 2024-25.

Approves 5-Year Capital Improvement Program Budget

The council also unanimously approved the $226.6 million 5-Year Capital Improvement Program Budget with the largest amount of $69 million to be spent on the Brackish Water Desalination Plant. The budget also includes $55.4 million for Roadway Improvements, $47.1 million on the City’s water system, $21.6 million on Community Facilities, $16.4 million on Parks and Trails, $12 million on the Wastewater and Storm Drain System and $4.4 million on Traffic Signals.

Approve $2.1 million for Police Department Software Upgrade

The council approved a five-year contract not to exceed $2,123,744 to develop and maintain a Police Computer Aided Dispatch (“CAD”) and Records Management System (“RMS”) from June 1, 2023, to July 1, 2028, authorizing the Acting City Manager to execute a purchasing agreement with Sunridge Systems.

Mayor Pro Tem Tamisha Torres-Walker was the only council member to speak on the item.

“Increased police response times is literally a matter of life and death in this community,” she said “Three minutes versus 10 minutes when you have a loved one bleeding out in the street… response times matter. Until we can create this other world, this utopia where we don’t need these systems, we need to make them work. Our police department is way behind 21st Century Policing. I definitely support this, and I can make the motion,” which she then did.

Seconded by District 2 Councilman Mike Barbanica, the motion was adopted on a 5-0 vote.

By Allen D. Payton

After the 153 graduates of Dozier-Libbey Medical High School’s Class of 2023 filed into the Deer Valley High quad amphitheater to the traditional sounds of Pomp and Circumstance, senior and fellow graduate Rosaly Crisp sang the National Anthem and ASB President Arana Amin led the Pledge of Allegiance. Principal Karen Clark then introduced local dignitaries, including school board Trustees Gary Hack, Mary Rocha and Antonio Hernandez, and Superintendent Stephanie Anello.

“It’s a great day to be back at Dozier Libbey Medical High School but it’s an even better day to be graduating,” said Area 1 Trustee Hernandez, a Class of 2012 alum of the school, during his opening remarks.

He was followed by Commencement Speaker and Class of 2023 graduate Briana Galindo.

“We learned to be creative…and stay strong during times of uncertainty,” she said about their experience during distance learning of the COVID pandemic.

“Class of 2023, these past four years we’ve all grown as individuals. We’ve embraced the values we were taught from the beginning,” Galindo continued. “Dozier-Libbey prepared us. Let these four years be the foundation of what we can do and what we are capable of. I’m proud of you all. We will continue to persevere, chase our ambitions and become the change makers.”

In closing she thanked their teachers and parents.

After the presentation of the Class of 2023 by Principal Clark, she spoke of the students’ experience during distance learning.

“The challenges…you’ve faced have forever shaped all of us…managing your own time,” she said. “Together we conquered many, many obstacles.”

“It is our hope that DLMHS has instilled the qualities of compassion, empathy and understanding… navigating the complex career of healthcare or any other career you will pursue,” Clark added.

Superintendent Anello accepted the class having completed the graduation requirements of the Antioch Unified School District and State of California. “Henceforth you are to be considered graduates and alumni of Dozie-Libbey Medical High School. Congratulations,” she said.

As their names were read by Principal Clark and Vice Principal Mark Libbey, the son of one of the namesakes of the school, the graduates were presented their diplomas by Trustees Hernandez and Rocha.

Class President Saniya Maka led her classmates in the turning of their tassels and the graduates celebrated, hugged and tossed their caps in the air as their family and friends cheered and the song Don’t Stop Believing by Journey played during the recessional.

See video of the graduation ceremonies on the AUSD YouTube Channel.

Congratulations, graduates. Make Antioch proud!