Antioch Council has full agenda for Election Night meeting

Includes employee contract negotiations, Humphrey’s restaurant lease, marijuana urgency ordinance, and waiver of Measure O tax and police services fee on new apartment complex

By Allen Payton

The Antioch City Council, at their next regular meeting, scheduled for tomorrow night, November 8th, will be dealing with a variety of major issues, when Antioch residents will either be voting or paying attention to the Election Night results.

Prior to the regular meeting, which begins at 7:00 p.m., one hour before the polls close, during a closed session meeting beginning at 5:30 p.m., the Council will be meeting with negotiators on contracts with five employee groups, including the Antioch Police Officers Association, Operating Engineers Union Local 3, the Antioch Police Sworn Management Association, as well as the Confidential and Management Units. It is not known, at time of publication, if there will be a final vote on the contracts during the meeting.

Also in closed session, the Council will discuss the lease agreement with the owners of Everett & Jones restaurant for the lease of the former Humphrey’s on the Delta location.

In addition, the Council will hear about the lawsuit in Contra Costa Superior Court by Antioch resident and Real Estate broker Mark Jordan over the City transferring money from both the sewer and water funds to the police department.

Then, during the regular session, the Council will discuss and vote on an urgency ordinance establishing a temporary moratorium on non-medical marijuana uses, which requires a 4/5 vote for adoption, plus an appeal of the Planning Commission approval for the proposed 126-unit, Delta Courtyard Apartments on Wilbur Avenue, just west of Cavallo Road.

According to the staff report, the developer of the apartments “is requesting that the City Council exempt the for-profit property owner from business license taxes for rental property owners that were put in place by Measure O.” That “represents lost revenue to the General Fund of approximately $567,000” over a 30-year period.

In addition, the developer is asking for an exemption to the proposed police services Mello-Roos district, later on the meeting agenda, which would be a loss of $1,202,794 over the 30-year period. That would make the total requested exemptions and loss to the General Fund of $1,769,794 for the project.

A call to City Manager Steve Duran asking if a vote would be taken on the employee contracts during closed session received a response from him that closed session matters cannot be discussed as it would be a violation of the Brown Act.

An attempt to reach Mayor Wade Harper for comment, who with Duran sets the council agendas, was unsuccessful.

UPDATE – 11/07/16 4:00 PM: However, City Attorney Michael Vigilia said that a vote could occur but, that the council would report out of closed session on any action taken. Also, the public had the opportunity to speak on the matter before the closed session begins.

Mayor Pro Tem Lori Ogorchock did respond and said she doesn’t set the agendas, but explained that three of the items had to be on Tuesday night’s agenda. First, the marijuana ordinance was urgent because of the initiative on the state ballot during Tuesday’s election, the appeal of the Planning Commission’s decision which has to be done within 30 days, and the Everett & Jones restaurant lease was time sensitive, as well.

“There’s no big conspiracy, here,” she stated. “We’ve been working on the employee contracts all year.”

Ogorchock also said she’s not sure if a vote on the final contracts will be taken during the closed session meeting.

The Council will also discuss the formation of two assessment districts for new development areas, including a Mell-Roos district for police services, entitled the Community Facilities District 2016-01, and the East Lone Tree Specific Plan Benefit District for the Slatten Ranch Road area developments. It will “fairly distribute costs for the construction” of the road, and “other public facilities among the various property owners” in that area “at no cost to the City,” according to the staff report on the item.

Public comments are allowed on the closed session agenda items, prior to that meeting, as well as at the Council meeting.

To see the complete Council meeting agenda, click here.

3 Comments to “Antioch Council has full agenda for Election Night meeting”

  1. Julio says:

    Waiving Measure O and police Service fees for this apartment complex would be setting a dangerous precedent by this city. They should be voting no on both of them.

  2. Skip says:

    Spoiler alert all of the unions get a pay raise with all the fat Mellaroos money slushin around.

    • Publisher says:

      As an FYI, the current Mello-Roos districts in Antioch only pay Prewett Park facilities and helped pay for new schools. The one created by both the City and School District in 1989 will go away this year and the assessment will end. The other created by just the School District, I believe in either 2000 or 2001, only helps pay for new school construction. The new Mello-Roos district being created by just the City, to pay for more police is not yet in effect, as it only applies to new homes that haven’t been built, yet and won’t for a few years.
      However, I believe the funds from the new Mello-Roose for police services could be used to pay for pay raises for those who work in the police department.
      Allen Payton, Publisher

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