By Allen Payton

At a special meeting on Wednesday, Nov. 1 the Antioch City Council voted 4-0 to approve a nine-month extension to the temporary moratorium on commercial, non-medical marijuana business in the city. The ban applies to the growing, manufacturing, sales and deliveries of recreational marijuana inside city limits. Councilwoman Lori Ogorchock was absent.

The city staff report explained the reasons for the special meeting and the ordinance.

“Last November, the City Council enacted a moratorium on all commercial marijuana land uses within City limits. The initial urgency ordinance adopted was, by law, limited to a duration of 45 days. In December, the Council extended the ordinance effectively for one year from the date of initial enactment (i.e., through November 7 of this year). At the November 1, 2017 Special Meeting, the Council shall consider whether to extend the ordinance for one additional year, i.e., through November 7, 2018. The Community Development Department and Office of the City Attorney have continued to monitor the legal and planning developments regarding marijuana since the extension of the urgency ordinance last year. A workshop presentation was provided by the City Attorney in the Spring to discuss the various issues associated with commercial marijuana land uses, including planning and zoning issues as well as the prospects for taxation and revenue generation. The direction of the Council following this meeting was for the City’s Economic Development Commission to study the issue and provide an analysis of the financial issues for the Council’s consideration.  The Commission has not completed this analysis.

To ensure the Economic Development Commission can complete its analysis, and to allow for an assessment of the State licensing program, scheduled to begin in January 2018; it is recommended that the Council extend the urgency ordinance for one additional year.  This will ensure Staff can fully evaluate and present to the Council the effects, impacts, and benefits of marijuana regulations when a permanent ordinance is presented in the forthcoming year.

In a report the city attorney prepared for the initial adoption and first extension of the Moratorium Ordinance, it provides the background for the council’s actions.

“Proposition 64, known as the Control, Regulate, and Tax Adult Use of Marijuana Act (“AUMA” or “Act”), was adopted by the voters on November 8, 2016 and took effect on November 9.  AUMA is now part of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), following legislation enacted in June 2017.  MAUCRSA has decriminalized under state law recreational marijuana use, cultivation, and distribution and further established a licensing program for non-medical commercial cultivation, testing, and distribution of non-medical marijuana and the manufacturing of non-medical marijuana products.  However, such licenses will not be issued at least until 2018.

In addition, the city attorney’s report stated, “It is imperative that the City retain local land use control over non-medical marijuana cultivation.  Several California cities and counties have experienced serious adverse impacts associated with and resulting from medical marijuana dispensaries and cultivation sites.  According to these communities and according to news stories widely reported, medical marijuana activities have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, and illegal sales of marijuana to, and use of marijuana by, minors and other persons without medical need in the areas immediately surrounding such medical marijuana activities.  There have also been large numbers of complaints of odors related to the cultivation and storage of marijuana.”

The city attorney’s report further states, “In order to protect the public health, safety, and welfare, the City Council desires to amend the Municipal Code to address, in express terms, non-medical marijuana uses.  In the wake of the adoption of Proposition 64 and MAUCRSA, the City Council hereby determines that the Municipal Code is in need of further review and revision to protect the public against potential negative health, safety, and welfare impacts and preserve local control over non-medical marijuana establishments.  Marijuana currently is prohibited under federal law as a controlled substance,” and that “Proposition 64 and MAUCRSA expressly preserve local jurisdictions’ ability to adopt and enforce local ordinances to regulate non-medical marijuana establishments including local zoning and land use requirements, business license requirements, and the ability to completely prohibit the establishment or operation of one or more types of non-medical marijuana businesses. Proposition 64 and MAUCRSA further recognize the City’s ability to completely prohibit outdoor planting, harvesting, cultivation or processing of nonmedical marijuana for personal use, and the City’s ability to regulate indoor cultivation for personal use.”

The interim ordinance was necessary because “the compacted time frame between now and the expiration of the extended ordinance on November 7, 2017 does not provide sufficient time to consider and adopt a regular zoning code amendment, which includes public notice, consideration by the Planning Commission, and first and second reading before the City Council.  Consequently, an extension to the interim prohibition on cultivation of non-medical marijuana for personal use, commercial cultivation, manufacturing, testing, distribution, delivery and retail sales and the issuance of any permits and/or entitlements relating to such uses is necessary for an additional period of one year.”

City staff will return at a future council meeting with a permanent ordinance for consideration and adoption.

See the entire staff reports for the agenda item, here. For more information on Proposition 64 please see the voter guide information from last November’s election when it passed and the Legislative Analyst Office analysis.

Melody Royal from her Facebook page.

Better Homes and Gardens^® Real Estate LLC announced this past week that Better Homes and Gardens Real Estate Royal & Associates, located in Antioch, California, is the newest member of its network.

Owned and operated by Melody Royal, the newly named Better Homes and Gardens Real Estate Royal & Associates serves the residential real estate market across the communities of Antioch, Pittsburg, Oakley, Brentwood, Discovery Bay, Knightsen, Bethel Island and Byron in Contra Costa County, approximately two hours east of San Francisco.

Royal has been a member of the Women’s Council of REALTORS® since 2016 and has been named a Five Star home professional.

The fresh, modern look of the Better Homes and Gardens Real Estate brand will enable Royal and her team to forge stronger connections with the area’s high volume of millennial and Gen X buyers, and prove an impactful recruiting tool that builds upon the brokerage’s reputation for fostering growth in a familiar working environment.

“From day one, Better Homes and Gardens Real Estate affords a striking freshness, offering renewed inspiration for my team, as well as a dynamic experience for consumers,” said Melody Royal, Owner, Better Homes and Gardens Real Estate Royal & Associates. “The brand offers unique tools that encourage a deep understanding of our clients, which align with our thorough approach to the real estate process. As we continue to explore the network’s broad suite of tools and resources, I’m thrilled to continue leveraging the brand appeal as a recruiting tool for organic growth.”

The communities served by Better Homes and Gardens Real Estate Royal & Associates are popular among buyers with San Francisco and Silicon Valley-based careers. While offering an affordable alternative to the Bay Area, the region also draws recreation seekers with its proximity to the San Joaquin River and the Diablo Mountain range.

The multilingual Better Homes and Gardens Real Estate Royal & Associates team members are able to work with the area’s melting pot of nationalities and cultures in a variety of languages.

“Better Homes and Gardens Real Estate Royal & Associates is committed to ensuring that every client has a close working relationship with its sales associates, offering unprecedented accessibility and a profound knowledge of the local market,” said Sherry Chris, President and CEO, Better Homes and Gardens® Real Estate. “We look forward to helping Melody Royal and her team further deepen these relationships in the dynamic Contra Costa County area, enabling Better Homes and Gardens Real Estate to continue its growth in Antioch and beyond.”

For more information, visit www.bhgroyal.com.

Click to Tweet:

Melody Royal & team join the @BHGRealEstate family as Better Homes and Gardens Real Estate Royal & Associates. #RealEstate

About Better Homes and Gardens® Real Estate LLC

Better Homes and Gardens Real Estate LLC is a dynamic real estate brand that offers a full range of services to brokers, sales associates and home buyers and sellers. Using innovative technology, sophisticated business systems and the broad appeal of a lifestyle brand, Better Homes and Gardens Real Estate LLC embodies the future of the real estate industry while remaining grounded in the tradition of home. Better Homes and Gardens Real Estate LLC is a subsidiary of Realogy Holdings Corp. (NYSE: RLGY), a global leader in real estate franchising and provider of real estate brokerage, relocation and settlement services.

The growing Better Homes and Gardens® Real Estate network includes approximately 11,000 affiliated sales associates and approximately 300 offices serving home buyers and sellers across the United States, Canada and the Bahamas.

Better Homes & Gardens® is a registered trademark of Meredith Corporation licensed to Better Homes and Gardens Real Estate LLC and used with permission. An Equal Opportunity Company. Equal Housing Opportunity. Each Better Homes and Gardens® Real Estate Franchise is independently owned and operated.

Editor:

You can thank Assemblyman Jim Frazier for that pain at the pump you’re feeling now that gas is an extra 12 cents per gallon.

Frazier and his fellow Democrats in Sacramento raised taxes $52 billion annually, including a 12 cents/gallon gas tax hike, 20 cents/gallon diesel gas tax hike and a $25-$175 vehicle fee increase. The average household will be paying an extra $600 a year.

Frazier not only voted for the tax-hike legislation, but sponsored his own version of the tax-hike bill, Assembly Bill 1. So it’s no surprise that Frazier once again received an “F” on his legislative report card from the Howard Jarvis Taxpayers Association. He voted in favor of taxpayer interests only 16 percent of the time on 22 tax bills in 2017.

This makes the fifth year in a row that Frazier, whose campaign slogan is “People before politics,” has received an “F” from HJTA for putting politics before people when it comes to their taxes.

Unfortunately, Frazier is not alone – a record 79 legislators flunked the tax scorecard. “By approving major new burdens on middle class taxpayers, the current crop of Sacramento lawmakers is exhibiting an outright hostility to the taxpayers who pay the state’s bills,” said HJTA President Jon Coupal.

How bad is the hostility? State lawmakers this year proposed $373.4 billion in higher annual taxes and fees, according to the California Tax Foundation. That’s nearly $200 billion more than the total taxes and fees annually collected by state government.

When will it end? Only when taxpayers decide they’ve had enough and stop sending taxaholics like Frazier to represent them in Sacramento.

Dave Roberts

Oakley

Settlement will also include costs and restitution for misleading customers by falsely promising guaranteed annual renewal rates to obtain up-front fees

MARTINEZ, California — Contra Costa District Attorney Diana Becton, in conjunction with Orange County District Attorney Tony Rackauckas, announced that on November 1, 2017, the District Attorney’s Consumer Protection Divisions reached a consumer protection settlement of $1.2 million in civil penalties against 24 Hour Fitness, Inc. The company must also pay $100,000 in costs to the County of Orange and Contra Costa, as well as pay restitution to the members who were misled by the promises of a low lifetime annual renewal rate in exchange for large up-front membership fees.

24 Hour Fitness is headquartered in San Ramon, Contra Costa County, California and has 400+ membership fitness gyms in 18 states, of which 140 are located in California. The allegations against 24 Hour Fitness state that between 2006 and 2009, 24 Hour sold pre-paid memberships in a false and misleading manner when 24 Hour sales representatives took large up-front fees for an initial 2 or 3-year membership period, with the promise that members would be guaranteed a low life-time annual renewal rate for life, as long as the member remained in good standing by paying their annual renewal fee on time. The up-front fees ranged from $600 to over $1400 with a promise of a fixed annual renewal rate between $29-$199 a year.

In 2006, 24 Hour made changes to the language of their pre-paid membership contracts that allowed for annual rate increases, but the District Attorneys alleged that 24 Hour sales representatives continued to sell these post-April 2006 memberships with verbal promises that their annual renewal rates would be guaranteed fixed for life. Consumers also believed they were misled by the verbal representations and in 2015, when 24 Hour began increasing annual renewal rates, they complained to the Company and the Better Business Bureau. They also started an on-line petition protesting the company’s broken promises.

The complaint alleges that 24 Hour refused to honor the verbal guarantees, so members who refused to pay the increased annual rate had their memberships terminated after having paid the large up-front fees or forced members to pay the increased rates.

The Settlement requires that 24 Hour Fitness allow pre-paid members to renew their memberships at the promised low annual lifetime renewal rate, if the member submits a claim form and declaration that they were told by a 24 Hour sales representative that their annual rate was guaranteed to remain the same for life.  All past and present 24 Hour Fitness members, who purchased post 2006 pre-paid membership contracts, or were updated to these contracts, and either paid the increase or were terminated for failure to pay the increase, will be sent a notice with instructions on how, where and when to submit their forms and declarations.

The District Attorney’s Offices want to make it clear that, if you receive a notice, it means you have one of the new contracts that allows for the increase, even if your rate has not yet been increased. It is important, that if you were promised a lifetime guaranteed annual renewal rate you must fill out the claim form and declaration to preserve or reinstate your guaranteed annual renewal rate. The restitution provisions of this settlement extend to qualifying pre-paid members nationwide.

24 Hour Fitness admitted no wrong-doing in the Settlement Agreement.

Deputy District Attorney Michelle Cipolletti from the Orange County District Attorney’s Consumer Protection Unit and Deputy District Attorney Dodie Katague from the Contra Costa Consumer Protection Unit prosecuted this case.

For further information, please contact DDA Dodie Katague at 925-957-8604.

By Allen Payton

A recent phone survey of Antioch residents was paid for by the City of Antioch it was revealed by City Manager Ron Bernal.

The 20- to 25-minute survey asked residents questions about city services, their opinions on how well the city is handling them and whether or not they would support a one-cent sales tax increase, when the Measure C half-cent sales tax expires in three years.

In response to questions about who paid for the survey, Bernal wrote in an email, “I authorized the survey and it is being paid for by the City. As you can see with this survey, we have started a process of assessing community priorities and important issues facing the City of Antioch and responses from residents are greatly appreciated. The City is gathering community feedback on a number of issues, local revenue only being one of these issues. No decision has been made regarding Measure C.”

However, how much the survey cost he didn’t say.

Survey results have not yet been provided to the city. But they are expected to be presented at an upcoming City Council meeting.

Photo by Hermes Rivera

By June Brown   

Antioch’s elderly population is merely 9% and of this figure, 20% are living alone according to SeniorCare.com. Living alone has many implications including loneliness, isolation and even memory problems. While aging is a normal process, there are things that can be done about memory failure. The good news is there are ways to boost memory and for seniors who are living solo, it helps if memory is intact improving quality of life and their safety.

Lifestyle Changes

Who says no one can change bad habits even if already old? For the elderly, now is a great time to think about those lifestyle changes. There are several ways to enhance and improve memory and one of them is to follow healthy diets and exercise.

Eating well-balanced meals, including lots of greens and fruits as well as important omega-3 fatty acids can keep brains alive and healthy. A diet rich in proteins, lean in carbohydrates and low in bad fats helps brain cells which in turn promotes good memory.

Antioch has an abundance of fresh food markets such as Kaiser Permanente Antioch Farmers’ Market, Brentwood and Pittsburg Markets. Eventbrite is a good source of food and drink events in Antioch where seniors can go such as the upcoming Fall Harvest Festival 2017 and the Acorn Workshop.

Studies also validate that exercise and getting into physical movement can reduce sedentary living which can lead to diseases such as heart attacks, high blood pressure or certain types of cancers. If every senior works out at least 150 minutes a week, it would boost memory and thinking skills (Harvard Health Blog, 2014).

Antioch offers many gyms where the elderly can exercise. There are parks for quiet walks and relaxation. Contra Costa Canal Trail and Contra Loma Regional Park & Swimming Lagoon are great places to go for a walk, hike or a swim. There are golf, bowling and skating facilities for sports lovers and active seniors.

Brain Games and Exercises

The brain like any other part of the body needs to work out. Stimulation is part of keeping brain cells healthy and strong. There are many ways older adults can boost brain power and improve memory with simple daily tasks such as reading and doing crossword puzzles.  Playing chess, trying computer games, and learning new things (language, sewing or musical instruments) also help. By being mentally active, the brain remains sharp slowing down its degradation over time or as one ages.

Socialization

Another factor that contributes to memory retention is socialization. Isolation is not a positive thing as it brings depression, anxiety and stress, factors that contribute to memory loss. Meeting new people whether by going to functions, eating together or volunteering at charities prevents negative psychological effects improving mood, memory and cognitive function. There is a correlation between socialization and dementia incidence. The longer the brain stays inactive, the more likely it will stagnate. Social engagement is important to keep it functioning well. It also forces people to respond and the brain to react.

The Antioch Community Center and Southeast Community Center organize activities for older adults to do things together.  They also hold social events on a regular basis. Older adults can also try some of the restaurants that won in the 2017Antioch People’s Awards after a night of bingo. Consider China City for Chinese or go to Celia’s for Mexican. The object is get out more often, meet people and do things together whether it is a haircut at Reign Salon or a massage at Relaxing Station.

Lifestyle changes, brain exercises and socialization are activities that older adults can easily do to improve memory. Enhanced memory also improves the quality of life, something every senior cherishes as the journey continues.

The car believed to be driven by suspect Brayan Zavala. Photos by CCCSheriff

Suspect Brayan Zavala, age 19

Turned himself in to Antioch Police

By Jimmy Lee, Public Information Officer, Contra Costa County Office of the Sheriff

Detectives from the Contra Costa County Office of the Sheriff have identified 19-year-old Brayan Zavala of Antioch as the suspect in the early Sunday morning homicide of 48-year-old Bradley MacHugh of Discovery Bay. (See related articles here, and here)

An arrest warrant was issued for Zavala, who is described as a Hispanic male, 5’,8”, 130 pounds, with black hair and brown eyes. He was believed to be driving a 2005 silver C240 Mercedes Benz sedan with California license plate — 7TMJ018.

Detectives say MacHugh was involved in a dispute with occupants in two vehicles over reckless driving early Sunday morning. During the dispute, Detectives believe suspect Zavala produced a gun and shot MacHugh.

Zavala was considered armed and dangerous and the Sheriff warned the public that he should not be approached.

Wednesday afternoon at about 5:00 PM, suspect Brayan Zavala volunteered to turn himself in to police. Deputy Sheriffs, assisted by the Antioch Police Department, arrested Zavala.

Zavala was interviewed by Sheriff’s Detectives and at about 7:30 PM, Zavala was booked into the Martinez Detention Facility on a murder charge. He is being held in lieu of $1 million bail.

The investigation into this case is ongoing. Anyone with any information on the case is asked to contact the Investigation Division at (925) 404-4200 or call the anonymous tip lines at (925) 313-1166 or (866) 846-3592. Tips can also be emailed to: tips@so.cccounty.us.