Map of area covered by the Richland Communities’ alternative initiative, and The Ranch 1,177-home project that was ruled invalid by a Superior Court judge. Herald file graphic.

By Allen Payton

On Friday, November 22, 2019 Contra Costa County Superior Court Judge Edward G. Weil issued the final ruling in the lawsuits brought by Oak Hill Partners and Zeka Ranch against the City of Antioch and developer Richland Communities, that “the entire Richland Initiative is invalid”. Richland Initiative final court ruling 11-22-19

In July 2018 the Antioch City Council adopted a voter initiative sponsored by Richland Communities that approved Richland’s development called “The Ranch”, while at the same time downzoning Oak Hill’s, Zeka’s, and other neighboring properties to just one home per 80 acres. In August 2018, the City Council followed up by adopting a second voter initiative sponsored by environmental groups to limit growth in the Sand Creek Focus Area, the so-called Let Antioch Voters Decide Initiative. Earlier this year, the Court ruled that the City’s adoption of the environmental groups’ initiative was invalid, and ordered the City to put that initiative on the November 2020 ballot. The earlier order also found that Richland’s inclusion of a Development Agreement between Richland and the City for The Ranch development was unlawful and invalid. (See related article).

In the 23-page November 22 ruling, the issue before the Court was whether Richland’s invalid Development Agreement for The Ranch could be “severed” from the initiative to allow the initiative to survive without the unlawful Development Agreement. The Court found Richland’s Development Agreement not to be “volitionally” severable from the rest of the initiative. Because the invalid Development Agreement is not severable from the balance of Richland’s initiative, the bottom line of the Court’s ruling is that the entire Richland Initiative is invalid.

According to the ruling, “The Court of Appeal has described the test for volitional severability as follows: The volitional requirement concerns whether the voters would have adopted the initiative without the invalid provisions.” Because the initiative was adopted by the City Council instead of submitting it to the voters, the Court focused on the “volition” or decision of the City Council in enacting the Richland Initiative. “The Court concludes that it is the volition of the City Council members who voted on the initiative that matters.”

The judge then reviewed the substantial, valuable community benefits promised by Richland in the Development Agreement if it proceeded with The Ranch development. These benefits included at least $1.2 million for improvements to Deer Valley High School, cost free land for a new fire station, land for an East Bay Regional Park trailhead, fees to support Antioch police, and other community benefits. In the absence of the Development Agreement, Richland would not be legally obligated to provide those benefits to the City as part of The Ranch development.

The judge found that Richland’s PowerPoint presentation shown to the City Council, at the meeting where the City Council adopted the initiative, was relevant and persuasive evidence provided by Oak Hill and Zeka.

In that presentation, it showed the Development Agreement included “Communitywide Benefits” such as the $1.2 million for Deer Valley High School facility improvements, and “Public Safety Benefits” such as the annual per home police fee.

The judge determined that “There is no guaranty that a different developer would agree to give the school district as much money as Richland agreed to give, just as there is no guaranty that a different developer would agree to devote 44% of its land to open space and parks, etc.” If the Development Agreement “were not approved, there would be no certainty as to when another willing developer might come along, and no certainty that the new developer would offer the City as good a deal.”

“The totality of the evidence persuades the Court that the Richland Initiative was a package deal, with the City agreeing to certain General Plan and Municipal Code amendments in exchange for the benefits specified in the Development Agreement.”

The judge’s ruling further determined that the initiative “imposed substantial development restrictions on other parts of the Sand Creek Focus Area including those owned by Zeka Ranch and Oak Hill” as part of a package with development of Richland’s The Ranch project. The Court found that those “development restrictions are not volitionally severable.”

Finally, the Court found that the General Plan and Zoning Code amendments that remained in the initiative outside of the Development Agreement could not be considered “standalone benefits independent of the Development Agreement.”

“Why would the City Council have wished to enact these amendments, if the City was not going to receive the benefits of the Development Agreement?” the judge asked rhetorically in his ruling. “This is another factor supporting the Court’s ruling on volitional severability.”

The result of the ruling means Richland must pursue its development through the development process with the City. The ruling also allows both Zeka Ranch and Oak Hill Partners to purse their development projects, as well.

The carjacked vehicle crashed into a tree as it exited Hwy 24 in Pleasant Hill. Photos by Pleasant Hill PD.

K-9 helps apprehend driver

By Sergeant Rick Smith, Antioch Police Community Police Bureau

On Sunday, Nov. 24, 2019 at 12:40 PM, the Antioch Police Department responded to the area of Williamson Ranch Park, located at 5000 Lone Tree Way, on the report of a carjacking. The 31-year-old victim reported he was just assaulted by four subjects in the park parking lot as he was exiting his vehicle. The subjects then stole his vehicle and fled the area. The victim suffered minor injuries and declined any medical treatment.

The vehicle was quickly entered into the Stolen Vehicle System as a carjacked vehicle and information about this incident was shared with surrounding law enforcement agencies. A short time later, officers from the Pittsburg Police Department spotted the vehicle travelling westbound on Highway 4. The vehicle exited on Bailey Road and entered a nearby parking lot. Pittsburg Police Department officers attempted to contact the occupants of the vehicle and the driver of the vehicle fled from the lot. A pursuit was initiated and entered back onto westbound Highway 4. Due to the seriousness of the crime, the pursuit was continued and assistance from other law enforcement agencies was requested.

The suspects ran from the crash into the Courtyard Shopping Center.

Officers from the California Highway Patrol and deputies from the Contra Costa County Sheriff’s Office assisted the Pittsburg Police Department in the pursuit as the vehicle entered southbound 242 and then southbound 680. The driver exited southbound 680 at the Monument Boulevard/Gregory Lane offramp in Pleasant Hill. The driver failed to negotiate the exit and lost control of the vehicle. The vehicle left the roadway and struck a tree. All four responsibles fled on foot from the vehicle.

Thanks to the immediate assistance and quick coordination between officers from the Pittsburg Police Department, Contra Costa County Sheriff’s Office, Pleasant Hill Police Department and the California Highway Patrol, all occupants were quickly located and taken into custody without incident. Three of the responsibles attempted to hide in nearby businesses in the adjacent Courtyard Shopping Center. The driver of the vehicle was captured with the assistance of a Contra Costa County Sheriff Office K-9 as he fled along the rear of the shopping center and refused to stop after being given several commands. He suffered only minor injuries from the apprehension. None of the responsibles were injured during the collision. No citizens or officers were injured during this incident. The responsibles were all found to be 15 to 16 years of age.

All four responsibles were identified by the victim, who was brought to the scene. His vehicle suffered major damage as a result of the collision.

Antioch Police Department officers responded and took custody of all four responsibles. All were medically cleared as standard practice due to being involved in the vehicle collision. They were all later booked into the Contra Costa County Juvenile Detention Facility in Martinez on multiple Felony charges.

Stolen mail suspects in back of patrol cars and the female suspect with officer at the station. Photos by APD.

Antioch Police towed the suspects’ car from the scene.

By Antioch Police

An alert citizen saw suspicious people on his court Wednesday night, Nov. 20, 2019 in the Bear Ridge area. They didn’t hesitate to call us, and upon officers’ arrival, they located a male and female in the area with stolen mail. Further investigation revealed the female lied to officers about her name, and the male suspect was on probation for theft related charges, as well.

Both of them were arrested and later sent to the county jail on numerous charges.

Yet another example of the teamwork that it takes to have situations like these, end in a positive way!

The Contra Costa County Board of Supervisors recognized CCTV on its 25th anniversary at the supervisors’ meeting on Tuesday. Accepting the resolution on behalf of CCTV was Susan Shiu, Contra Costa County director of communications and media. CCTV currently broadcasts six channels – CCTV, City Channel, Ed TV, Community Access, Hercules Community TV, and Delta TV. The Contra Costa Television network provides public, education and government access services for users in Contra Costa County, in the cities of Antioch, Clayton, Danville, Hercules, Martinez, Moraga, Pleasant Hill, and San Ramon. CCTV has adopted the slogan “Making Television Part of the Solution.” Photo by Daniel Borsuk.

Recognize 25th anniversary of CCTV.

By Daniel Borsuk

A few hours after supervisors had unanimously passed an ordinance banning the sale of vaping products and prohibiting the delivery of cannabis vaping products in unincorporated Contra Costa County, the elected officials instructed Planning Department officials on Tuesday to prepare for supervisors’ potential approval of land use permits for commercial cannabis storefront retailers and cultivators at the supervisors’ upcoming December 10th meeting.

Supervisors adopted the county’s anti-vaping ordinance, after supervisors listening to 10 speakers advocate for the prohibition of the sale or delivery of tobacco vaping products, cannabis vaping products, and flavored tobacco products in 54 retail stores in unincorporated areas of the county. A week ago, more than 50 speakers called on supervisors to pass the proposed anti-vaping ordinance.

Prior to adoption of the new law banning the countywide sale of vaping products, the county prohibited the retail sale of vaping products to persons under 21 years old within 1,000 feet of a public or private school, playground, park or library. That law had affected about 45 retailers in unincorporated parts of the county.

More than 2,000 Americans, many of them teenagers and young adults, have become sick from using vaping products since March, according to the U.S. Center for Disease Control and Prevention. Some persons have died from using vaping products.

Supervisors set the stage to select candidates who will be invited to apply for either cannabis storefront retail and commercial cannabis cultivator land use permits from the Conservation & Development Department.

Supervisors learned a 10-member Cannabis Review Panel consisting of representatives from the county Administrator’s Office, Department of Agriculture, Contra Costa Fire Protection District, Health Services Department and Conservation & Development Department(CDD), had met 15 times to score and rank candidates seeking land use permits to start the regulatory process of legally operating in accordance with the County’s Cannabis Business Tax Ordinance that was approved by county voters on Nov. 6, 2018.

The county cannabis ordinance permits for the creation of four storefront cannabis retailers, 10 commercial cannabis cultivators and two commercial cannabis manufactures in agricultural zones.

CDD official Ruben Hernandez, said proposals for storefront retailers were received from Bay Point, 2; from Clyde, 1; Pacheco Boulevard, 10; El Sobrante, 7, and North Richmond, 1.

Eleven of the 19 commercial cannabis cultivator proposals were found to be ineligible because the subject properties are not within service area of a retail water supplier, a requirement set in the Cannabis Business Tax Ordinance.

A majority of the commercial cannabis cultivation proposals were located in the Eastern Contra Costa areas of Bethel Island, Kingston and Brentwood area. Three proposals were located in North Richmond.

“Since fewer proposals were received than the maximum number of commercial cultivation businesses to be permitted, the panel is recommending that all seven eligible proposals be invited to apply for land use permits,” a document from CDD Director John Kopchik stated.

During the public speaking portion, several persons protested that the cultivation operations nearby housing subdivisions will stimulate crime and/or health problems.

Knightsen resident Ann Richie said permitting cannabis cultivation operations nearby her residence will only increase crime. “We’ve had two incidents recently,” she said. “They were violent crimes. Please don’t let this happen.”

Patrice Kintral of Knightsen told supervisors that allowing a cannabis cultivation operation nearby her home will mean more health problems for her nine-year-old special needs daughter. “This proposal could mean she may expect to have more migraines,” Kintral said.

In the meantime, some Supervisors plan to study the proposed sites before the December 10, meeting.

Board Chair John Gioia plans to look at each site before the Board’s next meeting. “Some of these locations are better than others,” he said.

“We want to start slow on this,” said Vice Chair Candace Andersen. “We want to dot the i’s and cross the t’s because we have seen how other counties have made mistakes when they enacted cannabis laws.”

District 5 Supervisor Federal Glover, who has five cannabis proposals in his district, and District 4 Supervisor Karen Mitchoff, who has 10 cannabis proposals in her district (Pacheco Boulevard), both liked the community benefit proposals that bidders submitted. “You did a fabulous job,” Mitchoff said.

In other action, supervisors approved on consent the following:

• Renewed a $322,927 a year contract with Baker & Taylor for book rental services for the Contra Costa County Library from Jan. 1, through Dec. 31, 2020. Baker & Taylor builds and maintains an economical method for maintaining an inventory of the most current, high demand hardcover titles.
• Approved the $13 million Marsh Drive Bridge Replacement Project over the Walnut Creek Channel. Constructed in 1938, the existing bridge is structurally, seismically and hydraulically deficient and will be replaced with a new five-span bridge, pre-stressed concrete slab structure on concrete piles that is longer and wider than the existing bridge, at about 340 feet long and 55 feet wide. The bridge is currently 325 feet long and 34 feet wide.
• Increased solid waste collection rates in the unincorporated West County areas covered by the Richmond Sanitary Service. The residential rate increase of 4.63 percent effective Jan. 1, 2020
• The rate increase corresponds with a monthly raise of $1.17 in the most common (35-gallon cart) collection rate.

By Brentwood Police

What might have seemed like a good idea at the time, landed four people behind bars yesterday, after they attempted to steal thousands of dollars in fragrances from Ulta. Imoni Cobbs (19-year-old Antioch resident), Jasmine Williams (24-year-old Stockton resident) and a female juvenile (16-year-old San Leandro resident), entered Ulta, opened up large bags and began placing fragrances in the bags. Ulta staff contacted the females as one fled the store. The two remaining females, Cobbs and the female juvenile, skirted Ulta staff, exiting the store and ditched the bags of fragrances.

While attempting to flee the shopping center on foot, they were apprehended by officers. Williams, who had initially fled the store, was located with the get-away driver, Quenneil Burns (25-year-old Oakland resident) in a nearby neighborhood, when alert residents noticed the duo acting suspicious and contacted dispatch. Officers established a perimeter and conducted a search of the neighborhood, locating Burns and Williams hiding in a backyard. All were arrested without incident.

Over $9,000 in fragrances was recovered. Burns, Cobbs and Williams were transported to county jail and the juvenile was transported to Juvenile Hall, all booked on numerous charges including grand theft, organized retail theft and conspiracy to commit a crime.

New Antioch Police Officers Ryan Carpenter (left), Geoffrey Morris and Saul Aguilar (right) with Chief Tammany Brooks. Photos by APD

Two more to be sworn in Dec. 9 bringing force to 111 fulfilling city council’s commitment in 2013’s Measure C

By Antioch Police

On Monday, Nov. 18, 2019 we welcomed Officer Ryan Carpenter! Ryan was born in Oakland and was raised in Oakley. When Ryan was growing up, he was very active, played many sports, and always enjoyed the outdoors. He also enjoyed camping and dirt biking. While growing up, Ryan would travel to Pennsylvania in the summertime to visit family.

Ryan has wanted to work in public service and help people since he was a kid.

Ryan graduated from Freedom High school in 2015. After graduating, Ryan attended Los Medanos College and obtained his Emergency Medical Technician (EMT) certificate. Ryan was hired by American Medical Response (AMR) and began working as an EMT since. Ryan interacted with many different Police agencies while working as an EMT and became interested in a career in law enforcement. Ryan felt he could better serve his community as a Police Officer. Ryan knew that Antioch PD was the agency for him.

In his free time, Ryan enjoys spending time with family, friends, and his girlfriend. He also enjoys riding dirt bikes and doing anything outdoors.

Fun Fact: Ryan’s nickname in the academy was Caterpillar because he had a mustache during his Academy orientation. The nickname stuck with him throughout the entire Academy.

Last Tuesday, we welcomed two lateral officers to the Antioch Police Department. Saul Aguilar came to us from Walnut Creek Police Department and Geoffrey Morris from the San Mateo County Sheriff’s Office.

Saul Aguilar was born in Mexico and raised in Oakland, California. After graduating high school, Saul was hired by the El Cerrito Police Department as a Police Cadet. Saul attended Diablo Valley College while employed as a cadet. He earned a bachelor’s degree in Criminal Justice from California State University East Bay. Saul then attended the Contra Costa Sheriff’s Academy and was hired by El Cerrito PD as a Reserve Officer. Saul was a Reserve Officer for six months, before being hired as a full time Police Officer with El Cerrito PD. Saul spent a total of three years with El Cerrito PD before transferring to the Walnut Creek Police Department. He worked for Walnut Creek for four years before coming to work for the City of Antioch.

In his free time, Saul enjoys running and spending time with his daughter.

Fun Fact: While in the academy, Saul forgot his classroom uniform. He thought it would be a great idea to wear his 5’4″ academy classmate’s classroom uniform to avoid not getting in trouble. Instead, Saul was forced to keep the uniform on for the remainder of the day.

Geoffrey Morris was born and raised in Havertown, Pennsylvania. After graduating high school, Geoff attended Northeastern University where he received a Bachelor of Science degree in Criminal Justice. After graduating from Northeastern, Geoff moved to California and was an assistant coach with the Menlo-Atherton High School Football Team.

Geoff was hired by the San Mateo County Sheriff’s Office as a Correctional Officer, and then promoted to Deputy Sheriff. Geoff attended the Police Academy located at the College of San Mateo. Geoff worked for the San Mateo County Sheriff’s Office for six years before accepting a job with the City of Antioch, where he aspires to challenge himself and grow professionally.

In his free time, Geoff enjoys spending time with family and friends, lifting weights and barbequing.
Fun Fact: Geoff and his wife both forgot about their second anniversary, even though the date is on a wall they walk past daily.

According to Police Chief Tammany Brooks, that brings the total sworn officers on the force to 109 “and we’ll be swearing in two more on December 9 to bring us to 111.” That will fulfill the commitment by the Antioch Mayor and Council in 2013 of adding 22 more officers if the voters passed Measure C, the city’s half-cent sales tax measure, which they did later that year during the November election.

Allen Payton contributed to this report.

Five suspects arrested, not charged and set to be released are Jason Iles, Shamron Mitchell, Devin Williamson, Lebraun Wallace and Jaquez Deshawn Sweeney. Photos by CoCoSheriff.

Suspects are or will be released; Sheriff stands by his department’s investigation.

By Allen Payton

In a news release, this evening, Scott Alonso, the Public Information Officer for Contra Costa District Attorney Diana Becton, wrote, “Today the District Attorney’s Office met with members of the Contra Costa County Office of the Sheriff to review the Orinda Halloween shooting incident. No criminal charges are being filed at this time against any individual. The investigation is ongoing. Anyone with information about the case should call the Sheriff’s Homicide Unit at 925-313-2600.” (See related article)

When reached for comment, Alonso said, “We made the decision about 5:00 p.m. tonight.”

Asked if all five suspects who were arrested would be released, he responded, “That’s my understanding, yes. If they have no holds are on their records, then they will be released, tonight. If there are no charges filed against them. Four are in custody of the Contra Costa Sheriff. One is in custody of the Marin County Sheriff.”

Asked why D.A. Becton chose not to charge any of the suspects, Alonso said, “We have a really high filing standard and we need more information. We are collaboratively working with the Sheriff’s Office to see what else is out there.”

“It’s very complex. We want more witnesses to come forward. There were a lot of people at that party,” he added.

When reached for comment and asked about the suspects, Jimmy Lee, the Director of Public Affairs for the Contra Costa County Office of the Sheriff responded, “They have either been released or are in the process.”

“We stand by our investigation and the arrests were made pursuant to a judge’s order,” he continued. “Although the district attorney may want more investigation done, the persons arrested and responsible for these crimes will ultimately be held to account. The entire investigation is ongoing, as is common in these types of complex cases.”

Five suspects arrested are Jason Iles, Shamron Mitchell, Devin Williamson, Lebraun Wallace and Jaquez Deshawn Sweeney. Photos by CoCoSheriff.

Shootings were result of rival gangs

By Daniel Borsuk

More arrests are expected to be made in connection with the Orinda Airbnb case where five people were shot and killed on Halloween night, Contra Costa County Sheriff David O. Livingston said at a press conference Friday afternoon.

Unable to provide further details, the sheriff said that five suspects had been arrested on Friday in connection with the Orinda shootings on Friday that had ties with two Bay Area gangs – the Page Street Gang of San Francisco and the Marin City Jungle Gang of Marin City.

Sheriff Livingston said he expects any additional persons arrested in the Orinda Airbnb case will likely have gang affiliations. He would not elaborate.

The five suspects under arrest are identified as:

• Shamron Mitchell, 30, of Antioch. Mitchell was arrested on the charges of murder and conspiracy. He is being held without bail.
• Lebraun Wallace, 28, of San Mateo. Wallace was arrested on the charges of murder and conspiracy. He is being held without bail.
• Jaquez Deshawn Sweeney, 20, of Marin City. Sweeney was arrested on the charges of murder and conspiracy. He is being held without bail.
• Jason Iles, 20, of Marin City. Iles was arrested on the charges of murder and conspiracy. He is being held without bail.
• Devin Williamson, 21, of Vallejo. Williamson was arrested on the the charges of being an accessory. He is being held in lieu of $500,000 bail.

“Extraordinary cooperation among multiple law enforcement agencies led to these arrests and a small measure of justice for the true victims,” said Sheriff Livingston.

“We have video showing a number of people at the party had carried firearms and secreted their firearms in their pants once the shooting spree in the house had subsided,” the sheriff said.

Four firearms were recovered by law enforcement authorities at the crime scene, Sheriff Livingston said.

“We believe people at the party had intent to do harm at this party,” the sheriff said in reference to potential connections with other gangs in the Bay Area. “Additionally, evidence shows two of the deceased persons inside the house were themselves armed, which may have played a role in this tragedy,”

Those victims, who had possessed weapons, were Ramon Hill Jr., 24, of San Francisco/Oakland and Javin County, 29, of Sausalito/Richmond.

Other murder victims were Tiyon Farley, 22, of Antioch; Omar Taylor, 24, of Pittsburg; and Oshiana Tompkins, 19, of Vallejo/Hercules, according to the sheriff’s office. Five additional victims suffered gunshot wounds. One person jumped 30 feet over a balcony to escape the gunfire, said deputies.

“The blame rests specifically on the people who brought guns into the party, pulled the trigger and murdered someone. That’s who should have the blame in this case,” said the sheriff.

The sheriff said neither the Orinda police, the homeowner, nor Airbnb deserve blame in this case.

In the aftermath of the crime, Orinda Mayor Inga Miller said the city council is expected to consider tougher home rental ordinance proposals that would apply to Airb&b at Tuesday’s council meeting. “I want to thank the Contra Costa County Sheriffs Office and other local law enforcement agencies for the resources they have deployed into resolving this heinous crime,” said Miller

The Antioch Police Department, San Mateo Police Department, Vallejo Police Department, Marin County Sheriff’s Office, U.S. Marshalls Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Federal Bureau of Investigation assisted in the Contra Costa County Office of the Sheriff in this case.

Persons with any information is asked to contact the Sheriff’s Office Investigation Division at (925) 313-2600. For any tips, please email: tips@so.cccounty.us or call (866) 846-3592 to leave an anonymous voice message.