On Friday, November 3, 2017, Antioch Police officers made a traffic stop on Texas St. for vehicle code violations. They contacted the driver, a 25-year-old Oakley resident, and a subsequent search of the occupant and his vehicle revealed methamphetamine, cocaine base, drug paraphernalia, stolen checks, a fully loaded 10mm pistol that had been reported as stolen, and body armor. The subject was arrested and sent to County Jail.

 

Councilmembers not happy with lack of action and information by city staff, commission

By Robbie Pierce

What turned out to be a necessary unanimous vote by the four members present at their special meeting on Wednesday, Nov. 1, the Antioch City Council discussion of a second extension of the ban on commercial recreational marijuana operations turned contentious. During the emergency meeting, called for by Mayor Sean Wright, it was both Councilmember Tony Tiscareno and Mayor Pro Tem Lamar Thorpe who expressed their angst and frustration with city staff and the city’s Economic Development Commission for not having a final ordinance to vote on.

With Councilwoman Lori Ogorchock absent, Wright, Thorpe and Councilmembers Tiscareno and Monica Wilson debated whether or not to extend for a second time the temporary moratorium, or prohibition, on non-medical commercial marijuana cultivation, manufacture, sales and deliveries in the city. It was adopted Nov. 8, 2016 and extended for the first time Dec 13, 2016 in the wake of the passage of state Proposition 64. That measure legalized such usage and commercial operations, and set up the framework for the State of California to begin issuing licenses to sell marijuana Jan 1, 2018. It also gives cities and counties the power to regulate the commercial operations.

Also present at the meeting were Acting City Manager Nickie Mastay, as City Manager Ron Bernal was out of town.

The meeting was the council’s last opportunity to extend the moratorium, as a third extension would not be allowed, and it required a super majority of four of five council members. With Ogorchock absent, the council members present needed to vote unanimously in order to pass an extension of any kind – an additional year was what was proposed as the Recommended Action by staff.

The moratorium was originally enacted so that city staff could have one year to gather data and statistics on how non-medical marijuana legalization would affect the city of Antioch, and what laws and regulations the city legislature should enact. Interim City Attorney Elizabeth Perez, of the Cota Cole & Huber LLP law firm, explained that the additional extension was now being proposed “so that we may complete our analysis of the financial impacts and negative impacts that regulating non-medical marijuana use within city limits would create.”

The public hearing attracted three speakers with Jeffrey Klinger and city Economic Development Commissioner Tim McCall both speaking in favor of it. Each asserted similar points that the moratorium gives the council time to properly evaluate the situation and the proper response.

“This will give the council, staff, police department… the time necessary to research and make correct decisions for the city of Antioch on its residents,” McCall stated.

The council had two items on the matter to consider. “Item #1) Accept and approve the report from the City Attorney and provide direction regarding a permanent ordinance regulating non-medical marijuana uses and; Item #2) Adopt the second extension of the interim urgency ordinance establishing a temporary moratorium on non-medical marijuana uses.”

Tiscareno, Thorpe Challenge Staff Report

Following public comment, Tiscareno requested separate discussion on agenda items 1 and 2, noting that he had “some discussion” on the former but “not much problem” with the latter.

He expressed some issues with the staff report given to the council, claiming it was “one-sided” and “doesn’t tell the trueness” of what voters were “trying to accomplish” when they passed Prop 64. According to several council members, 73% of Antioch residents voted in favor of it last November. Tiscareno wished that it had been “more open-minded” so that the council could have the proper information to make “conscious decisions on what reflects our voters and also protect our city,” and ultimately stated that he was “not in favor of the staff report as written at this point.”

Thorpe chimed in that he “[didn’t] disagree one bit with… Councilman Tiscareno” on the notion of the report being biased, and also lamented that the staff had been given a year already and was now asking for another year despite having given them no new information. He complained that the report attached to the meeting agenda was a year old.

“What concerns me… is that we gave staff a year last time,” he said. “I haven’t heard any of what we asked of staff.”

Thorpe referred to previous, unfulfilled requests they gave to staff, such as that they co-operate with the Economic Development Commission (EDC) and hold community outreach workshops to gauge public opinion. He and Wright claimed those requests occurred at council meetings in January and March. However, it was at their May 9 meeting that the council discussed having an an ad hoc committee of the council and commission discuss and hear from the public on the matter. According to EDC Chair Keith Archuleta, that ad hoc committee was never formed.

“We weren’t elected… to figure out whether voters were right or wrong, we were elected to implement the policy that voters wanted to implement,” he explained, outlining his hesitancy over more or less blocking a state-wide initiative for another year due to a lack of data on it.

Wilson echoed the sentiments of Tiscareno and Thorpe, calling the staff’s work up to date “disappointing.”

Ultimately, the council, seeing approval of the report as more “symbolic” than anything else in the words of Mayor Wright, voted 4-0 to “receive” the report, not approve it, with the direction that staff “come back with a report that more reflects both sides of the story.”

Commission Didn’t Get the Matter Until June

Following the Nov. 1 council meeting, EDC Chair Archuleta said that the commission didn’t get the moratorium matter “until June, officially and had the chance to deliberate on it.”

“The EDC meets every other month but didn’t have a meeting in August. So, the next meeting was held in October,” he explained. “At that meeting, we recommended to the council they extend the moratorium.”

“At our next meeting in December we will discuss options,” Archuleta continued. “We are considering outcomes from Colorado and other cities in California…of what the cost benefits are.”

“The public can make comments at our December meeting. We didn’t have any members of the public who commented at our first two meetings,” he said. “The public is welcome at any of our meetings.”

“We are hoping by February we will have a set of recommendations we can put forward to the council,” Archuleta added.

Discussion Becomes Contentious

As for Item 2, the council was firmly unified on the idea that they wanted to leave having passed something, but became hotly and contentiously divided on just how long they ought to extend the moratorium. Thorpe wanted a mere six-month extension to “put more meat” on their decision and pressure the staff to act fast, with Tiscareno and Wilson slowly rallying to his position. Wright continued to push for a full, one-year extension to ensure that they had all the required time, having confirmed that they could cancel the moratorium at any time with a majority vote.

At the urging of McCall from the audience, public comment was re-opened for the notion of a six-month extension, with another speaker named Julia speaking in opposition of extending the moratorium at all. Klinger and McCall both speak in favor of a full year extension.

After much debate, discussions with both Mastay and EDC Member McCall to determine how much time they needed, and two failed motions, the council eventually compromised and passed 4-0 a measure to extend the moratorium for nine months, with direction to staff to give them a new report on the status of their research every two months.

“I’m voting no,” Thorpe joked before voting in favor of the third and final motion, ensuring a successful, required four favorable votes for passage.

The meeting ended with the mayor and him shaking hands and laughing.

An attempt to reach Ogorchock for the reason she was absent was unsuccessful before publication time. Please check back later to read her response. Please also see related article with background on the ordinance from the Nov. 1 council meeting, here.

Allen Payton contributed to this report.

 

First net zero energy charter school in America; 5-0 vote moves project on to the City Council for final decision

By Allen Payton

During the meeting of the Antioch Planning Commission on Wed., Nov. 1, about 100 supporters of the Rocketship charter school – most of whom were Hispanic – rejoiced when Commissioners voted 5-0 to approve plans for their new facility in town. One commission seat is vacant due to the recent resignation of Sedar Husary, and Vice Chair Martha Parsons was at home ill and unable to attend. (See the commission agenda and Rocketship’s plans, here).

Approved by the Antioch School Board on a 3-2 vote last fall, the school is planned to be built on the 1.7 acre site of the former headquarters of the East County Times at 1700 Cavallo Road. The organization purchased the building, and plans to tear it down and construct a new, 31,052-square-foot, two-story facility for the 600 students in grades from Transitional Kindergarten through fifth.

Public Safety Concerns

Concerns were expressed by city staff including Chief of Police Tammany Brooks about the proximity to one of the worst crime areas in Antioch, just across E. 18th Street. But, Rocketship representatives argued that they specifically target neighborhoods such as that, including their location in San Jose, and that a $14 million investment of a new school, with students, faculty, staff and parents – “more eyes”, as on representative said – can help reduce crime in that part of town. One suggestion by Brooks was that the school have an armed guard on campus was shot down by Antioch School Board President Walter Ruehlig who cast the deciding vote on the board in favor of the privately-owned charter school. He was incredulous at the idea, stating, “none of the Antioch schools have an armed guard. Lord, oh Lord. What kind of message will that send? ‘Antioch places an armed guard in an elementary school.’”

In response to concerns by the Antioch Police Department, security plans have been developed for the school. Rocketship would just prefer a guard that isn’t armed.

Parking Spaces Issue

Another and major issue was the amount of parking spaces on the site. The plan is for 40 onsite spaces, but city staff recommended a minimum of 60 spaces based on a calculation of .10 spaces per student. The average in the area is .12 spaces per child and staff which would require 73 spaces. Rocketship explained that they have on average .05 spaces per student and staff at their other schools which would net 31 spaces, so what they’re offering is more than that.

However, city staff said were concerned with the monthly community meetings and twice monthly Saturday workshops the school plans to hold.  Plus, there was “not enough (spaces) for parent volunteers and off-site parking agreements are not in place.” As such, city staff recommended the school limit their capacity to 400 students for one year.

With that and the other recommendations city staff recommended the commission approve the school’s plans.

Commissioners Questions & Comments

Commissioner Kerry Motts was first to comment, stating “they’ve offered some efforts to meet half-way.” Then Commissioner Bob Martin had a discussion with staff about the parking spaces and left turns from Cavallo Road into the school, as well as off-site parking.

City Traffic Engineer Lynn Filson responded, “right now there are no restrictions” on drivers making left turns from the turn lane into the school. “But if we find it’s a problem we could make it illegal.”

“With this project we are asking them to restripe the street…so they can have parking in front of their building and in front of the (adjacent) county building,” Filson added.

Martin also was concerned about barriers and fencing not being tall enough.

“Dous the police department believe that’s enough for safety?” he asked “I somewhat worry can they jump the fence if it’s only six-foot.”

Commissioner Jim Conley asked if it is “required we have a bike lane on both sides” of the street.

Filson responded that “there’s enough room to have a bike lane and parking on both sides” and that the city needs to “leave the bike lanes in place so kids can ride their bikes to school. The bike lanes are for everyone.”

Commissioner Kenny Turnage said “if anyone drops their children off at school it is almost like a game of Frogger with all the kids running around there.”

But he doubted that many children would ride their bikes to school, which he said, “I haven’t seen in the past five years.”

“It seems like a recipe for disaster,” Turnage added.

Filson responded, saying “I think it would be easier to eliminate the left turn lane.”

Rocketship Presents Project

Representatives of Rocketship, including Regional Director Marie Gill and Harrison Tucker, the director of the their real estate team, provided an overview of the project.

“I represent the 100’s of Rocketship families and other partners who are supporting the effort,” Gill stated.

She shared that the new Antioch school will be the “first net zero energy charter school campus in the U.S. We are not cutting corners.”

“Safety is foundational,” Gill continued. “We have offered to place a security guard at the corner of Cavallo and East 18^th Street during the first two years. More eyes on the street will result in less crime. We propose an unarmed guard.”

“Even in our most violent neighborhoods, we haven’t needed an armed guard,” she added.

Gill addressed the parking issue stating, “49 parking spaces for 34 staff…providing a BART shuttle for employees and a ride-share subsidy for those who live within two miles” of the school.

Their plans “necessitate a 600-student enrollment,” Gill shared.

Regarding the plans she stated, “this school will be an architectural enhancement” to the neighborhood, and asked that the commission “remove conditions of a façade change,” sought by city staff. She also mentioned the “solar array” and the “white arches harkening back to the early days of California” as additional, positive features of the facility.

Gill spoke of “innovative visioning” and concluded saying, “great schools unleash economic development. Together we will give our children that opportunity and they will lead us into tomorrow.”

Questions By Commissioners

Martin asked the Rocketship representatives about how many staff they expected to have living outside of East County. “We’re estimating five at this point,” Gill responded.

In response to a question by Conley of “what led you to choose this site,” Gill said, “we are here to serve low-income communities. The site meets all of our needs. We have a 1,000-foot queue on Cavallo. We did do a study on Antioch. We wanted to be within walking distance” of that kind of neighborhood.

Public Comments All Favorable

Then the commissioners heard from the public. Parents of Rocketship students, their children, and other supporters, including other community leaders all spoke in favor of the project, asking commissioners for approval so that efforts can move forward in time for a fall 2018 opening. They wore purple shirts with phrases like “Antioch community in pursuit of excellence in public education” and “Rocketship Education is

Angel Luevano who helps run an after-school math program in Antioch, was first to speak, saying “it’s just about our children and their education. Expedite this process without stifling encumbrances.”

Regular council meeting attendee, Nancy Fernandez was next saying, “I’m a 50-year resident of Antioch. I support charter schools. My grandchildren were educated in charter schools. It’s just what our community needs to jump start the Cavallo area.”

Her husband Marty Fernandez said, “I’ve seen companies driven out of coming to Antioch,” then spoke of Rocketship’s “$15 million investment.”

“Do you see anyone else investing in Antioch?” he asked. “Do something better for Antioch than a Taco Bell.”

Tom McNell said he is a “26-year resident” and that “the parking drop-off is 1,000 feet,” and that De La Salle which has 1,050 students and 800 girls at Carondolet across the street on Winton Drive in Walnut Creek, with a 430-foot right-of-way.

“Every year we have to train the freshman parents,” he said to laughter from the audience. McNell is the parking coordinator for De La Salle.

“I do not understand…it should be how do we make things work in this town not how do we deny them,” he stated. “De La Salle has 10 overflow parking spaces.”

Speaking of Rocketship in comparison to the private high school with the championship football team, McNell stated “it (Rocketship) doesn’t have 5,000 (people) coming to a football game.”

“Plus, 1,500 kids at YV (Ygnacio Valley High School,” (which has a walkway and driveway near De La Salle and Carondolet) he continued. “I’ve seen two accidents in 15 years.”

Regarding the city staff’s issues with the design of the new Rocketship school, McNell added, “the building they’re going to tear down is uglier than sin,” also to laughter from the audience.

Hans Ho, a member of the Antioch Police Crime Prevention Commission spoke as a private citizen, not in his official capacity, said he was “here to talk about the impact on crime in the Cavallo area.”

“Blight breeds crime and crime breeds more blight,” he stated. “We will have taken a giant step in reducing blight in that area. In my experience criminals do not like having their business watched by ordinary citizens.”

“In the beginning you might see an increase in the calls for service as more crimes are reported,” Ho continued. “They’re already there.”

He added that the school will help the neighborhood experience “a reduction in crime and an increase in property values.”

Scientist and local business owner Dr. Terry Ramus, who is also chairman of the Government Affairs/Economic Development Committee of the Antioch Chamber of Commerce said, “this part of town needs the $14 million investment. Antioch needs a win. I’m hoping we can hit a grand slam on this for the City of Antioch,” referring to the final game of the World Series occurring at the same time as the meeting.

“The Antioch Chamber of Commerce has endorsed the Rocketship plan,” he continued. “It will allow socioeconomically disadvantaged children to have a better education. It will allow their parents to have choice, too.”

“We need to move through the process, quickly,” Ramus added. “The school works like a finely tuned machine.”

Antioch resident Jessica Duran whose five-year-old daughter attends the Rocketship school, Futuro Academy in Concord said, “Why?” does she drive her daughter to school there?

“Because I want the best education for my daughter,” she said. “We deserve the same in Antioch.”

Next to speak with the assistance of her mother was Natalie, a second-grader who also attends the Concord Rocketship campus.

“I like reading. Math is my favorite. I like the learning lab,” she stated. “Approve the Rocketship school so my mom doesn’t have to drive so far to take me to school every day.”

Andrea LeBron, an Antioch resident and parent of a Rocketship student at their Concord school said, “the big deal is about the parking lot. We need to figure it out as a community. What we need is this school on behalf of all the parents driving miles and miles go get our children to school in Concord.”

“At Antioch High I wasn’t told ‘Andrea, you need to go to college,’” she shared. “But at Rocketship they tell the students they need to go to college.”

“Everybody, we know all the crimes in that area,” LeBron continued. “A person who owns a store there told me ‘the school will be a good thing.’ I hope you guys approve it.”

Then Ruehlig spoke, not in his official capacity, but also “as a private citizen who has a passion for equal education opportunity.”

“First, let me congratulate the parents here for taking their job so seriously,” he stated. “It is so needed in this day and age, as parents are our first and our greatest teachers.”

He shared about his own experience as a child in attending high-performing schools outside of New York City and was the reason his father was willing to commute an hour-and-a-half to work in the city.

“We have a terrific school on its way, a public charter school,” Ruehlig continued from prepared remarks. “Whether white, black or brown, good education will always be the ultimate equalizer. There’s no arguing that there are many seats at the table…traditional public schools, private schools, magnet schools, alternative schools, digital academies, home study and public, yes i emphasize public charter schools, for that is what charters are, take away misconceptions and false propaganda.”

“As such, don’t let anyone tell you that one size fits all and deny your child the right fit for their needs and the seat at the table that they deserve,” he added. “I leave you with my fond hope that the long-cherished American dream of equal opportunity and equitable education be embraced here in Antioch. And my prayer for you is that your child’s name stars in that dream.”

BART Director Debra Allen, who represents Central County on the BART Board, spoke as an Antioch property owner and East County business owner, said she was there on behalf of the “25 hard working men and women who work at East County Glass who work for me. Their children deserve a better education.”

“I’m a San Francisco BART Director and I pledge to you I will do whatever I can to make the shuttles work,” she continued. “BART has a tremendous system to get people to and from their schools and jobs.”

“Parents only get one shot at raising their kids. There are no do overs,” Allen added. “Antioch needs options. Work with this organization and work out the details.”

Commissioners Ask More Questions Then Decide

Martin seeking answers to his concerns about the safety, asked Chief Brooks about the “six-foot fencing in front of the school. Part of it has cement as a bottom” wanting to know if that would make it easier for someone to scale over.

In a light-hearted moment, Brooks was greeted with applause from the audience as he approached the podium to speak, and jokingly said “As long as I get applauded like that I’ll keep coming to meetings.”

“You haven’t even said anything, yet,” someone said. “I know,” Brooks responded with a chuckle.

He responded to Commissioner Martin’s concern stating, “People could scale a six-foot fence.”

Asked about the issue of armed guards, Brooks responded, “I would welcome any security measure. An armed guard was a suggestion.”

To Motts question if “increased activity will decrease illegal activity,” Brooks said, “I don’t know for sure. I’ve read that can happen. But, don’t know until the school is there.”

Turnage asked if the cameras at the Cavallo and E. 18^th Street intersection, can “pick up activity at the school.” Brooks explained that there are two sets of cameras, license plat readers and surveillance, which are “pan-tilt, zoom cameras that could tilt toward the school. It gets changes manually.”

Then back to the parking matter, Filson said “I have no issue with parking on Cavallo. It’s a code issue. We could pick up seven to eight spaces and about the same in front of the county building.”

She then suggested “staggered, ramp-up enrollment to 600 students in the third year. Then decrease the number of students if the parking studies don’t pan out.”

“It seems difficult to scale back” enrollment, one commissioner responded.

Antioch Community Development Director Forrest Ebbs said that was a “great question for a use permit hearing. I really want you to feel totally empowered to make that kind of decision,” he explained to the commissioners.

Motts then asked about the staff’s concerns with the design of the building.

City Planning Manager Alexis Morris responded, saying they were following “citywide design guidelines approved by council. Our typical requirement is to comply with the guidelines,” which are “not standards or rules.”

Turnage then asked “what’s wrong” with the design. “I grew up in this neighbhorhood.”

Ebbs responded, saying “architecture is like art. Guidelines are for discussion.”

Turnage then said, “so it’s like a Picasso. Either you like it or you see someone draw a messed up face.”

Back to the parking issue, Martin then asked, “why was the back southwest corner viewed as alternative parking?”

Morris replied, “the applicant described it as overflow parking. It’s playground space.”

Commission Chair Janet Zacharatos shared her thoughts.

“Before tonight I wasn’t familiar with Rocketship,” she stated. “I definitely think it’s an excellent project and I would like to see it go forward. It needs to work out a few details.”

Conley then went through the list of difference in conditions between the city staff’s recommendations and what the commissioners wanted.

“No armed security guards,” he stated. “Parking. There isn’t adequate parking at any school in Antioch. To regulate this school to have more stringent traffic…isn’t fair. I wouldn’t want to hurt this school economically. To cut student population from 600 to 400 would be devastating.”

Zacharatos then said the “only other item is the rezone, which sounds like a no-brainer.”

Conley then attempted to make a motion, stating “I move approval with the requirements of no armed guard, existing parking and traffic be accepted.”

But, then staff asked him about the design elements, to which he replied, “I don’t care what the county building looks at” to laughter and applause from the audience.

“So, you’re OK striking that,” asked Morris.

“Yes,” Conley replied.

Ebbs then asked to confirm what the commissioners where attempting to do, “you’ve agreed to everything in Rocketship’s recommendations” and not all of the 30 conditions in the staff report.

Turnage responded, saying, “no restrictions on the number of students and I second that.”

Then by roll call vote, the commissioners passed the motion recommending to the City Council that they approve Rocketship’s plans, and did so unanimously by those who were in attendance, garnering one more vote than the minimum four needed for approval.

The audience applauded, and some yelled out “Thank you.”

The City Council is expected to hear the matter for final decision at their November 14 meeting.

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.

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.

 

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.

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.