Council members propose new ideas for future agenda items

NOTE: Apologies for the poor quality of the photos/screenshots. The council meeting’s livestream feed was offline during the oaths of office and for the remainder of the meeting. Each shot is from a TV screen.

By Allen Payton

As the last action of their terms in office, Antioch Mayor Sean Wright and Mayor Pro Tem Joy Motts voted with the other three council members to unanimously approve a fifth cannabis business in the city, the Cookies dispensary. It will be located at 2515 W. 10th Street.

The council then voted to accept the results of the November election. Following comments by City Manager Ron Bernal, Wright, Motts, and thoughts shared by fellow council members, and other officials who represent Antioch, the new city officials were given their ceremonial oaths of office, having been sworn in during an in person process Tuesday afternoon. (See related article)

Wright, Motts Offer Their Farewells

“We just completed an historic election in the City of Antioch,” said City Manager Ron Bernal. “We had all seven offices up for election. There were 27 candidates that ran for city office. We went to by district elections.”

“Serving in public office is not for the fainted hearted. It takes a certain kind of selflessness,” he continued. “I want to personally thank outgoing Mayor Sean Wright and Mayor Pro Tem Motts for their service. Each of you bring special talents to the job you’ve been doing for the City of Antioch.”

“I want to thank you for the opportunity to serve you as electeds,” he added.

Outgoing City Clerk Arne Simonsen spoke next.

“To the citizens of Antioch…these eight years and the eight years on the city council have given me a love for Antioch. We have a good city,” he said. About the other officials Simonsen said, “They really want to serve the public. You’ve got to give them some good respect for what they do. Whatever they’re doing is for the best of all of Antioch.”

Motts spoke next reading from prepared remarks, saying, “It’s been my honor to serve the residents of Antioch for the last two years. Although my time on council was short, I’m proud of what we were able to accomplish. I will continue to be an advocate for the community. I am by no means going away. This council must make the revitalization of north Antioch one of its priorities. The continued downward spiral will only get much worse if there’s not a commitment.

“Shelter should be a human right,” she continued. “Homelessness is undermining our public health, our economic development.”

Motts said she would continue to push for a park and event center at the old lumber company lot in downtown.

Getting choked up, she thanked Bernal and City Attorney Thomas Smith, and each of her fellow council members and the work they did with her.

She then congratulated newly elected council members Tamisha Walker and Mike Barbanica.

“Being a council member has been difficult in these polarized times,” Motts said, and then thanked her family for their support.

“I didn’t spend the time to write anything out,” Mayor Sean Wright said, speaking next. “It’s been my honor to serve Antioch for the last four years. Mayor is just a position. Our ability to serve has nothing to do with our title. I will continue to serve this community. We have worked our butts off for four years. From redistricting, to cannabis to COVID…to police reform, it’s been non-stop.”

He then thanked Bernal for his friendship and for all he does for the community, getting choked up.

“I will do everything I can to support the new council,” Wright continued.

“Mayor Thorpe, congratulations. I say that will all sincerity,” he said. “I look forward to working behind you.”

Wright then congratulated Walker and Barbanica, and thanked Councilwomen Monica Wilson, Ogorchock and Motts, pointing out what he appreciated about each of them.

“Arne it’s been a pleasure working with you,” he continued. “With that, I just say thank you, the voters of Antioch, for giving me the pleasure of serving you.”

Bernal then showed the plaques that will be presented to Wright and Motts.

Outgoing City Treasurer Jim Davis was not able to attend the online meeting.

County Supervisor Diane Burgis and a staff representative of State Senator Steve Glazer thanked Wright, Motts and Simonsen, and congratulated the newly elected city officials.

Ogorchock, Wilson and Thorpe then offered their comments to Motts, Wright and Simonsen.

“You’re the best cheerleader for Antioch,” Ogorchock said to Wright. “I’m gonna miss you guys.”

“Definitely going to miss Jim Davis and Arne Simonsen,” Wilson said next. “Sean, I’m going to miss you. Joy Motts, what can I say? You’ve supported every idea I’ve brought to you. I’m not going to say I’m going to miss you. I’ll see you around. I thank all of you for your hard work and dedication to the City of Antioch and see you later.”

Thorpe spoke last saying, “I offer my congratulations to both Arne and Jim Davis for their years of service to the City of Antioch. Both of you literally created the opportunities for people like me to be here.”

“To Mayor Sean Wright, thank you for your four years of service,” he said. “I’m very appreciative of our time, together. Elections can be rocky. But the better thing to do is to move forward for the betterment of our community.”

“I always affectionately say Joy Motts brought me to the party,” he said. “You made me feel valued. You made me feel engaged. I love you for all that you’ve done for me. You’ve always had my back and I appreciate you for it.”

He then thanked Motts for her efforts on homelessness. “I appreciate you for it. I could go on for hours talking about the huge heart that you have for the community, for people who are not always heard. I appreciate you for that.”

New City Officials Take Ceremonial Oaths of Office

Having given each of the recently elected official their oath of office, earlier Tuesday afternoon, Simonsen then administered the ceremonial oaths of office to each of them, starting with Thorpe, then followed by Walker, Barbanica, Ogorchock, Wilson and Posada. As his last act as city clerk, Simonsen gave the ceremonial oath of office to his replacement, newly elected City Clerk Elizabeth “Ellie” Householder.

Council Reorganization

The council then considered which member hasn’t yet served as Mayor Pro Tem, previously and then who received the highest percentage of votes in the most recent election.

“The person who fits that criteria is Councilmember Wilson,” City Attorney Thomas Smith said.

“Mayor, council members, I gladly accept the nomination,” Wilson said.

On motion by Ogorchock, seconded by Barbanica, Wilson was voted in unanimously as the city’s new Mayor Pro Tem, However, the motion did not include the term, whether it be for one year or two.

Thorpe then nominated council members to various city and regional committees and with one vote for each member, all of his appointments were approved.

Two public comments including one by council watchdog Willie Mims concluded the meeting, as he congratulated the newly elected and re-elected members of the council. He said Walker surprised him because he did not think she was going to win.

“Your primary responsibilities are to the citizens of Antioch who elected you,” Mims said. “I hope that you as a council will live up to the task. Hopefully I will be able to attend some of your meetings. I’ll be watching you like I’m watching everyone else. Good luck.”

A special council meeting will be held next Tuesday night to deal with some important issues, Bernal announced.

Attorney Smith then congratulated each of the newly elected and re-elected officials.

Future Agenda Items Requested

For future agenda items, Ogorchock brought up the issue of offering the unused FEMA trailers to other cities and an urgency ordinance to establish a 15% cap for food delivery service companies to Antioch restaurants.

Thorpe asked council members to reach out to him, personally for future agenda items.

“Work with me so we can get them prioritized or else it’s just going to sit for six months,” he said. I will do my best to work with the city manager.”

“We do have the list, we can see the list,” Ogorchock said. “It’s in the city manager’s office. That is the policy.”

“That is the policy. I’m going to ask you to work with me directly so I can work with the city manager,” Thorpe stated.

Walker then suggested two future agenda items.

“One to address food insecurity,” she said. “Lucky’s is closing. Grocery Outlet closed down,” both located in District 1, which she represents.

“Also, I wanted to add the establishment a Human Rights and Social Equity Commission for the city,” Walker added.

“It’s best to talk to me to figure out the best way to bring it to the council for a vote,” Thorpe reiterated.

“City Attorney if we talk to…the mayor…that ties our hands in talking with other council members as it violates the Brown Act,” Ogorchock said.

Smith spoke of a serial violation by having three council members discuss a possible agenda item.

“It’s most likely permissible,” Smith said. “Specifically, mayor, city manager are responsible for setting the agenda.”

With that the council voted to adjourn with Walker saying, “I’ve never got out of a city council meeting this early,” with a chuckle, along with Thorpe.

 

Will repeat for public to see during council meeting, tonight.

By Allen Payton

Due to COVID-19, the newly elected City of Antioch officials took their oaths of office, today, Tuesday afternoon at City Hall in an unceremonious way without the public watching. The new mayor, council members, city clerk and treasurer will repeat their oaths in a public ceremony during tonight’s council meeting.

Mayor Lamar Thorpe took his oath of office, administered by outgoing City Clerk Arne Simonsen at 2:00 p.m. wearing a Bernie Sanders for President shirt. A video of his swearing in can be seen on Facebook. At the end of his oath of office he said, “Alright. This is it, people.”

Above the video Thorpe posted a simple message in English and partly in Spanish, his first language, “It’s official!!!! I’m the alcalde/mayor of Antioch!”

He will be hosting a Zoom public swearing-in ceremony this Friday at 10:00 a.m. online and also via Facebook live. New City Clerk Ellie Householder will serve as Mistress of Ceremonies.

Householder was the only other new official to post on social media about taking the oath of office, today. She posted a video on her campaign Facebook page. Simonsen administered the oath to his replacement.

Tamisha Walker, who was elected to the city council in District 1, posted on her Facebook page Monday about the ceremony occurring tonight at 8:00 p.m.

“Please join me tomorrow Tuesday December 8th at 8PM as I am sworn in virtually to as City Council Member for District 1. I officially start in January. However I have not forgotten the countless conversation I have had with residents and myself included about the neglect our community has endured.

We deserve better and I will be dedicated to make our community better and bring issues from before my time and work to resolve them during my term. I will be accountable and transparent to our community. My main goal is to engage our residents in government because government is in service to community.

Please join me virtually and submit your public comment. I want your voice to be heard and put on record for what our community needs. Join me and help us all be part of the right choice for change.”

On Tuesday afternoon, Walker posted a brief comment on her campaign Facebook page, “This morning I took the o[a]th of office. One down two to go. I would like to thank Arne for his years of service to Antioch l, for being kind, and informative. Hope to see you all tonight at 8pm. The live stream, can be accessed at https://www.antiochca.gov/gov…/city-council-meetings/live/”

She also posted a photo of herself, her signed Oath of Office form and the cover.

None of the other new city officials posted anything about taking their oaths today on their Facebook pages. However, when asked Councilman Mike Barbanica, elected in District 2 confirmed he was sworn in, today and said all the others were, as well.

“Tonight, they’re going to do it, again for everyone to see,” said Barbanica. “According to Arne, they had to be done in person, and then have us sign the documents.”

Asked if there are now seven council members, he said, “No. It does not take official affect until the council accepts the results of the election, first which will happen, tonight. Because of COVID everyone is having to adjust.”

Asked if he’s now the mayor, who will be running the meeting, Thorpe replied, “I’ll take over after we ratify the election,” reiterating Barbanica’s comment.

According to tonight’s (Tuesday, Dec. 8) council meeting agenda, outgoing Mayor Sean Wright and Mayor Pro Tem Joy Motts will have the opportunity to offer their parting comments. The new council members will then vote for which one will be Mayor Pro Tem for the following year and will be appointed to the various city and regional committees.

The meeting can be viewed beginning at 7:00 p.m. via livestream on the city’s website or on Comcast/Xfinity Channel 24.

In a Facebook post on Monday, Dec. 7, Antioch City Clerk Arne Simonsen wrote the following:

After 24 years in the U.S. Navy, 13 years in the private sector, 8 years on the Antioch City Council and 8 years as the elected Antioch City Clerk,

I will be entering “retirement” after losing my reelection bid by 103 votes out of just under 43,000 votes cast on December 8th.

It has been my greatest honor to work with so many outstanding City Clerks and Deputy City Clerks from all around California. I learned so much from all of you. The trainers at Nuts & Bolts, TTC under the direction of Maureen Kane, the 6 sessions of the Master Municipal Clerk & Clerk of the Board Academy under the direction of Pamela Miller, the New Law & Election Seminars, the Annual CCAC Conferences, the many Regional training opportunities and the willingness of so many City Clerks to share their experiences, advice and queries on the City Clerks Listserve made me the best City Clerk that I could be for the residents of Antioch.

You all are true professionals and I am so appreciative of your friendship.

I will remain active in the CCAC as a “retiree”. My new email address is arne_simonsen@att.net.

Lastly, I strongly encourage those seeking their CMC and MMC to get the funding in their respective budgets to continue their professional education.

Warmest regards,

Arne

Antioch’s Brighter Beginnings, Opportunity Junction and school district among recipients

Grants increase access to health care, improve economic security and address mental health and wellness

By Kerri Leedy, PR and Media Relations Manager, Kaiser Permanente Northern California

WALNUT CREEK, Calif., Dec. 7, 2020 – To address the health needs of the community, Kaiser Permanente in the Diablo Area has awarded $1.1 million in grants focused on increasing access to health care and coverage, improving economic security and addressing mental health and wellness.

The Kaiser Permanente funding to 28 non-profit organizations will help low-income, at-risk communities in Central and East Contra Costa County, and the Tri-Valley area of Alameda County. The Antioch Unified School District, as well as Brighter Beginnings and Opportunity Junction, both located in Antioch, were among the recipients of the grants.

The 28 grants are aligned with Kaiser Permanente’s mission of improving the health of our members and the communities we serve. Kaiser Permanente recognizes that many factors impact health including social, economic and environmental conditions in the community. Through support of local non-profit organizations, Kaiser Permanente is working toward improving health for all.

“Our communities are facing significant and unprecedented challenges,” said Marty Ardron, Senior Vice President and Area Manager for Kaiser Permanente’s Diablo Service Area. “These organizations are committed to helping by providing vital health and mental health care, housing, and food assistance. We are proud to support them.”

The following nonprofit organizations received support from Kaiser Permanente:

Increasing Access to Care:

Axis Community Health	Supporting Complex Patients with Case Management Services
Brighter Beginnings	Increasing Access to Healthcare in Antioch
Contra Costa County	COVID-19 Ambassadors Project
District Council Contra Costa County Society of St. Vincent de Paul	RotaCare Pittsburg Free Medical Clinic at St. Vincent de Paul
La Clinica de La Raza, Inc.	Connecting Families to Health Care
Planned Parenthood: Shasta Diablo Inc., DBA Planned Parenthood Northern California (PPNC)	Promotores: Increasing Access to Health Care
RotaCare Bay Area	Provision of Healthcare to Contra Costa County’s Uninsured Population

Improving Economic Security:

Alameda County Community Food Bank	Farm Fresh Produce Program
Contra Costa Crisis Center	Thrive Local Contra Costa: Follow up services for homeless 211 callers
Food Bank of Contra Costa and Solano	Food Distribution in Contra Costa County
FRESH APPROACH	Access to Nutritious Foods in East Contra Costa County
Hope Solutions (formerly Contra Costa Interfaith Transitional Housing, Inc.)	Key steps: Path to Permanent Housing and Healing
Loaves and Fishes of Contra Costa	Nourishing Lives Through Food
Monument Crisis Center	Ingredients for a Healthy 2020-21
Open Heart Kitchen of Livermore Inc	Hot Meals Program
Opportunity Junction, Inc.	Administrative Careers Training to Improve Economic Security for Low Income Adults
SHELTER, Inc.	Supporting the Behavioral Health of Homeless Families
Trinity Center Walnut Creek	Youth Wellness Advocacy

Addressing Mental Health and Wellness:

Family Justice Center of Contra Costa	Thrive Local Contra Costa
Antioch Unified School District	Mental Health & Wellness Initiative
Counseling Options & Parent Education, (C.O.P.E.)	Road to Recovery
Fred Finch Youth Center	Contra Costa County School Based Services
Lincoln	Trauma-Informed Care
Livermore Valley Joint Unified School District	Parent Outreach Coordinator
Mindful Life Project	Countering ACE’s with Innovative Mindfulness Programming in East Contra Costa County
Monument Impact	Mentes Positivas En Acción
Rainbow Community Center of Contra Costa	Educating the ARC of ACEs within out LGBTQ+ Communities through and Intersectional Lens
Rubicon Programs Inc.	Wellness, Work, and Mobility

About Kaiser Permanente

For 75 years, Kaiser Permanente has been committed to shaping the future of health and health care — and helping our members, patients and communities experience more healthy years. We are recognized as one of America’s leading health care providers and not-for-profit health plans. Since July 21, 1945, Kaiser Permanente’s mission has been to provide high-quality, affordable health care services and to improve the health of our members and the communities we serve. We currently serve 12.4 million members in eight states and the District of Columbia. Care for members and patients is focused on their total health and guided by their personal Permanente Medical Group physicians, specialists and team of caregivers. Our expert and caring medical teams are empowered and supported by industry-leading technology advances and tools for health promotion, disease prevention, state-of-the-art care delivery and world-class chronic disease management. Kaiser Permanente is dedicated to care innovations, clinical research, health education and the support of community health. http://about.kaiserpermanente.org.

 

By Dave Mason, Public Information Supervisor, East Bay Regional Park District

Effective 6:00 p.m. Sunday, December 6, 2020, all campgrounds, outdoor museums (visitor centers), and children’s playgrounds at East Bay Regional Park District locations will be closed until further notice as mandated by the six Bay Area county regional health officers’ order announced yesterday.

Facility Closures Include:

• Ardenwood Historic Farm
• Regional Parks Botanic Garden
• Regional Park visitor centers remain closed, including Black Diamond, Big Break, Coyote Hills, Crab Cove, Sunol and Tilden

Campgrounds Closures Include:

• Del Valle Regional Park (Livermore)
• Anthony Chabot Regional Park (Oakland)
• Robert Sibley Regional Preserve Backpack Campground (Oakland)

Future camp reservations through made through January 4 will be cancelled, including for the Sibley backpack camp, and customers will receive full refunds.

Outdoor activity is encouraged by health officials during the new Regional Stay Home Order. The Park District reminds visitors that spending time in nature is important for mental and physical health and wellbeing. To keep yourselves and Park District staff safe when visiting regional parks and trails, please wear masks when within six feet of others and recreate responsibly. Please keep parks safe for everyone by following all COVID-19 safety requirements.

The California sector closures and restrictions on activity under the State’s Regional Stay Home Order are described here.

By Matt Lardner, Census Outreach Coordinator, Contra Costa County

Contra Costa County achieved the third highest Census 2020 self-response rate of all California counties with a rate of 77.4% for the once-a-decade count of all residents. The County’s self-response rate also surpassed its Census 2010 rate of 72.1% by more than five points or a 7.4% increase.

The County’s Census 2020 self-response rate outperformed the country’s 67% and the state’s 69.6% self-response rates. Nearly all of the cities in the County surpassed their 2010 rates, and those that did not were within 1% of doing so. See response rates by city in Contra Costa County in this Census 2020 report.

Contra Costa County’s Complete Count Steering Committee and 67 community based organizations collaborated on the Census 2020 count. The County’s high response rate is owed in large part to the work of cities, agency and community partners, and trusted messengers who helped reach Contra Costa residents, including hard-to-count populations.

“Our success in Contra Costa County could not have happened without the strong partnerships with our local non-profits and community based organizations,” said District 3 Supervisor Diane Burgis, Chair of the Complete Count Committee. “We have built lasting relationships and capacity that will be mutually beneficial as we collaborate on outreach in all aspects of our work.”

“Thanks to all of the residents who responded to the Census. You have guaranteed that Contra Costa County will receive its fair share of representation and much-needed funding for critical programs and infrastructure for the next decade,” said District 2 Supervisor and Board Chair Candace Andersen, Vice-Chair of the Complete Count Committee.

Now the U.S. Census Bureau will prepare the data to present to the President on December 31, 2020. The redistricting process will begin in Spring 2021.

Information about Contra Costa County’s Census 2020 outreach and impact are available at www.cococensus.org.

By Matt Malone, Public Information Officer, Superior Court of California, Contra Costa County

COVID-19 cases have spiked, resulting in a new stay-at-home order for the county effective this weekend. To limit the risk of COVID-19 transmission, the Court will enact a LIMITED COURT CLOSURE effective Monday, December 7, 2020, and until further notice.

THE COURT WILL BE CLOSED TO THE PUBLIC. Exceptions are criminal preliminary hearing witnesses, attorneys, and defendants in matters with time not waived. Masks are required for entry.

JURY TRIALS ARE SUSPENDED. Criminal preliminary hearings with time not waived will proceed.

JURY SERVICE. Jurors summonsed to report on or before January 11, 2021: Your service has been completed. You do not need to call or report for jury duty.

THE COURT WILL NOTIFY YOU OF RESET HEARINGS. If your matter is to be reset, the Court will notify you of the new date, with hearings to be by Zoom or CourtCall. Instructions and links for Zoom/CourtCall, public access to audio streaming where available, and court calendars may be found on our Court Calendar webpage.

ALL CLERK’S OFFICES WILL BE CLOSED TO THE PUBLIC. FILINGS WILL BE ACCEPTED BY MAIL OR DROP BOX ONLY. The limited closure is NOT a Court holiday for filing deadlines. Drop boxes will be available from 8 A.M. – 4 P.M at the following locations:

Civil: Main Street entrance of the Wakefield Taylor Courthouse in Martinez. o Criminal: Main Street entrance of the Wakefield Taylor Courthouse in Martinez.

• Family: Main entrance of Family Law building in Martinez.
• Juvenile: Main entrance of the Walnut Creek Courthouse.
• Probate: Main Street entrance of the Wakefield Taylor Courthouse in Martinez.
• Pittsburg and Richmond courthouses: These drop boxes are available only for filings in case types heard at those locations.

ALL COURT RECORDS OFFICES WILL BE CLOSED. See the Criminal Records and Civil Records webpages for the process for records requests by mail.

This public health situation is urgent and constantly changing. Accordingly, the Court anticipates further press releases providing more details on Court operations over the next 30-60 days. Please visit the Court website for updated information.

Board approves contract “after secret negotiations were held during BART Directors’ campaign elections” he said.

“…giving space to someone who can’t pronounce our past GM’s name or spell eBART correctly and someone who makes false claim after false claim is a disservice to the public and spreads lies.” – BART Director Li

“These agreements offer BART budgetary stability as we plan our recovery from COVID-19.” – Board V.P. Foley.

“The contract extensions come seven months before the contracts are due to expire, locking in employee costs at pre-pandemic levels…at the level that it was when we were carrying 410,000 riders each week day and now we carry about 50 (thousand).” – BART Director Allen

By Allen Payton

In an attempt to get them to reconsider the proposed labor contract with employee unions, State Senator Steve Glazer challenged the BART Board during their meeting on Thursday, Dec. 3. He asked why they were considering the contract long before it’s set to expire, and more is known about the impacts of COVID-19 next year. In response, he was called a liar by one director.

Nevertheless, the BART Board voted 7-2 in favor of the contract, with Directors Debra Allen from Contra Costa County and Liz Ames from Alameda County casting the votes against. Board Vice President Mark Foley who represents Antioch on the board voted in favor of the contract extension.

Glazer issued a statement earlier this week about BART’s announcement “on Thanksgiving eve…(about) a tentative labor contract with their represented groups, after secret negotiations were held during BART Directors’ campaign elections.”

“Along with other specific contract changes, this tentative agreement is premature and a big mistake and will likely harm BART riders, commuters and taxpayers through fare hikes and service erosion,” his statement continued.

Glazer read most of the statement during the Thursday meeting, but offering additional comment.

“I want to be clear what I have to say reflects my views of accountability and trust that the public expects from all of us,” he said. “I think we all agree that BART is in a financial meltdown due to the pandemic and it’s not clear to me that you have a clear plan for recovery. The district’s own financial analysis projects a shortfall of tens of millions of dollars by next summer amidst the steepest decline in ridership in your agency’s history. My view, the district needs all the flexibility it can to avoid a financial disaster. Yet, BART is tying its hands with this agreement.”

“In the first half of 2021 BART will have a clearer idea about the COVID-19 vaccine availability, ridership improvements, any potential financial bailout assistance from the federal government, and the results of your early retirement incentives that have already been offered to existing employees,” Glazer explained. “All of these potential outcomes will provide important budgetary insight that should shape any new contract terms. But instead of waiting for that information, you are now rushing to approve a contract, negotiated behind closed doors, with no public notice and it will prevent you from making any kind of targeted salary reductions if your revenues do not recover. This will likely lead to service reductions and fare increases which will hurt the very people you are here to serve.”

His statement issued on Monday adds, “BART is leaving few options but to lay off employees and curtail the number of trains, which would further depress ridership and deepen the agency’s financial crisis.

“So, I come here with a question,” Glazer continued during the meeting. “The current labor contract with your representative employee groups doesn’t expire until July 1st, 2021. So, why did the district make an early agreement with so many economic unknowns?”

“It’s my understanding that BART has not even done a salary survey of other transit districts and public agencies to determine if the current salaries called for in this agreement are needed to recruit and retain qualified employees, basic data needed to inform any effective negotiation,” he said. “I question whether the failure to conduct a salary survey is keeping with board policy and procedures.”

“Now, the public was never told when your negotiations started. I’m told these negotiations were initiated by the Board in September and October. If true, that means that directors were negotiating with BART unions on their salaries and benefits on one hand, while asking the same unions for campaign contributions with the other hand. This is an outrageous injection of politics in a hugely consequential employer-employee agreement. And by setting the terms of the agreement at three years rather than four years based on past contract durations, the future contract will be negotiated during another election year.”

“You know that, Board members, before you came to this board for the most of you, had worked for a long time to ensure the contract negotiations would not be immersed in politics and election year circumstances. So, that four-year duration was done purposely. You unravel that in this proposed contract before you.

“In this agreement, for the most part, you’ve abandoned any of the work rule changes that were central to the 2013 contract negotiations. Where have those work rules been laid out, publicly disclosed and discussed, so that we can understand why they’ve been abandoned in this agreement.”

“You know, when the strike happened in 2013, BART management was clear that the work rules were probably more important than the salaries and benefits being negotiated. It had that kind of consequence and impact on the agency. But there’s a complete void of understanding or knowledge about what efforts were made to negotiate those work rules.”

It reversed important e-BART reforms that were instituted by former General Manager Grace Crunican. Again, BART, the board members, and the management (were) very involved in establishing those eBART reforms which you’re throwing out in this proposed contract.”

So, it’s not surprising to me, that you are moving forward with due haste to approve these negotiations and rush this contract through with very little public review, and I think that it’s because the details and the consequences are uncomfortable.

“I would hope that you will reconsider what you are doing, today and take a more deliberate and cautious approach to these negotiations as you consider the full impact of the pandemic on our economy. It would be best for your financial well-being and more importantly for BART riders throughout the Bay Area.”

“In conclusion, let me just say that the foundation of your service as board members is to ensure that this transportation system is able to function during good times and bad times. This contract continues the limitation against training management to run the trains during a work stoppage. So, all of BART riders, many of them low-income people who can’t afford to stay home, will be prevented from getting to work under this contract provision. We’re talking about teachers and nurses, social workers, grocery clerks and other essential workers, who will all be left stranded if your trains stop running because you created this self-inflicted problem.”

“This strike protection provision is an abdication of your sacred duty and will limit future boards from helping the commuters when matters cannot be worked out at the bargaining table. And listen, we all would strongly hope that all matters can be worked out at the bargaining table.”

In  his issued statement, Glazer included, “BART’s management doesn’t want the public to see what they are doing because they know that BART riders and other Bay Area residents would not support this agreement if they understood its details and its consequences.”

The BART Directors then took up the issue of the labor union contract.

General Manager Robert Powers responded to Glazer, saying, “I was the one…negotiating these tentative agreements with our labor partners. There were no elected officials in those discussions. I was supported primarily by our chief labor negotiations officer as well as our AGM of Operations. I wanted to be…crystal clear that it was me leading these negotiations under the authorization granted to me by the BART Board.”

During public comments, Sal Cruz, president of AFSCME Local 3093 said, “Our work has accelerated during this pandemic at great risk to our employees, as we position ourselves for the recovery we know will come. Proper positioning will be critical for the survival of all transit and for the Bay Area economy that is now linked to BART. Thank you for your leadership during these challenging times. Every transit agency in the country is in the same position as you are, now. The decision before you, today, is not an easy one. But it allows us to focus on rebuilding o ur system, continuing to provide safe transportation for our essential workers and preparing for the return of our riders. The workforce is behind you, the riders are behind you and the Bay Area is behind you.”

Li Calls Out Glazer

BART Director Janice Li, who represents District 8 which includes portions of San Francisco, spoke next calling out Glazer for lying, mispronouncing the past general manager and misspelling eBART (it was spelled “e-Bart” in his statement from earlier in the week.

“I am proud to vote yes on this action, today. A yes vote, today is a yes vote for BART, is a yes for our riders and a very, very important yes for our workers,” she said. “Voting no makes BART an enemy to our workers and our riders.”

“There has been a lot of talk about this decision coming forward as too early or as a result of private meetings. I just want to be very clear that this claim is factually not true,” she stated. “First, I’m a member of the board’s labor negotiations review committee. We have been meeting since May of this year, then again in July, then again in August. These meetings are open to the public. They are publicly noticed and at subsequent board meetings we always give updates during board reports.”

“Second, we have held multiple closed session meetings regarding labor relations in recent months, and once again they have always been noticed as part of our board agenda,” Li continued. “Third, people who are saying that this is too early are saying that because the financial situation ahead is so unclear and that the board should wait until more is known. The truth is that things will inevitably change. But our staff has been doing excellent work in scenario planning and being transparent about all the potential futures, both good and bad. Furthermore, this contract is not one in the same as our budget revisions. In fact, this does not mean layoffs can’t or won’t happen. So, saying that by voting, yes it ties our hands or limits our options is incorrect.”

“And fourth, respectfully, I strongly refute the false claims made by Senator Glazer. Honestly, giving space to someone who can’t pronounce our past GM’s name or spell eBART correctly and someone who makes false claim after false claim is a disservice to the public and spreads lies. The idea that this was timed with elections is wrong and I will speak for myself, I was not up for election, re-election and I have not raised a cent for re-election, this year and I was not even endorsed by unions when I first ran in 2018.”

“So, what we actually have before us is a result of an incredible collaboration between BART management and labor unions and at the end of the day, who benefits?” she asked. “It’s our riders.”

She then thanked “the entire BART team for rebuilding trust with our labor unions and of course I want to thank our labor union partners for being collaborative at an incredibly difficult time.”

“As a board member I’m incredibly grateful that this decision is coming to us sooner rather than later so we can get back to focusing on running a safe system for our essential workers and implement a successful recovery plan during and through the pandemic that has raged every public transit agency, every public institution and every aspect of our lives. Let’s vote yes on this, today and if you remember our new slogan from the board workshop, earlier this year which, I know feels like years ago, ‘Let’s Go,’” she concluded.

Foley Speaks in Support

Foley shared his thoughts in support of the contract.

“There was a lot of hard work that went in to making this happen. I am fully in support of this prudent approach to labor negotiations during the pandemic,” he said. “These agreements offer BART budgetary stability as we plan our recovery from COVID-19. A wage freeze, next year, coupled with two years, of at most, very modest increases, increases that are directly tied to returning ridership and BART’s financial recovery, is a responsible course of action to take.”

“More importantly, you know these contracts provide language to allow us to reopen negotiations, a necessary safety net during these challenging times,” Foley continued. “These proactive steps are being taken to hopefully avoid further service cuts, like closing stations, eliminating weekend service or laying off employees, employees that will be needed when we ramp up service.”

“And to those employees I say thank you. You are BART’s most important asset,” he stated. “We wouldn’t have been successful if not for the collaboration of your union leadership and union partners.”

“And lastly, I’d like to thank the district secretary’s office for bringing this item, publishing this agenda to the board, two days early rather than publishing it during the Thanksgiving holiday. This gave us additional transparency around this action. I urge my fellow board members to vote in support of these tentative agreements and I fully support this motion,” Foley concluded.

Allen Offers Arguments Against Contract

Director Allen spoke against the contracts and supported what Glazer said.

“First, I want to touch on the private meetings because that seems to be a contentious little dialogue. I believe that is absolutely how these contracts come to be,” she said. “It is unfortunate the board discussion about these agreements doesn’t happen in public session. I believe we shouldn’t be discussing the contract extensions in closed door sessions where board members may say things that they would not say in public. In addition, I really do believe not enough of our own closed board discussion has occurred prior to this day of ratification.”

“There’s so much operational uncertainty, right now for BART and I’m not comfortable that the financial projections and plan give us the data we need for this decision,” Allen continued. “It’s really hard to say whether these are fair contracts. But despite having received $377 million in federal CARES Act subsidies already, this year, BART  projects another $210 million deficit over the next 18 months and that is the case after we slashed the capital and pension funding allocations from the Fiscal Year ‘21 budget, along with the load shedding to the capital budget that has occurred throughout this year.”

“From my view we should be receiving regular updates of projected deficits for three years…and that information should be part of any decision by this board to extend labor contracts for three years out. They go together. Labor is 80% of our budget,” she stated.

“So, now we are all hopeful that another $377 million will come to us from D.C. and we’re hopeful that the retirement incentive will induce enough people to retire from exactly the right positions that we can afford to eliminate which we know is not really a reasonable assumption. We already know that some people are retiring from positions that we are going to have to turn around and refill,” Allen said. “We shouldn’t be budgeting to hopeful or aspiration. This is what we did back in June when we passed the budget, and it didn’t work out. We really projected far more revenue than we have. But, if even if those other things come true…it will likely only fund another three-quarters to one year of operating deficits. And it won’t do anything to make up for the lack of capital funding and pension funding that we put aside in ’21 and are likely to do, again in Fiscal Year ’22.”

“The contract extensions come seven months before the contracts are due to expire, locking in employee costs at pre-pandemic levels even as revenue projects remain wildly uncertain well into the next couple of years,” she explained. “Costs will be locked in at the level that it was when we were carrying 410,000 riders each weekday and now we carry about 50 (thousand).”

Other board members spoke, mostly in favor of the contract extension and they then voted 7-2 to approve.