Unnecessary fourth vote by the people could have at the most only stopped 877 homes remaining to be approved; would have downzoned private property by over 97%, from 2 homes per acre down to 1 home per 80 acres – unfair, unAmerican, and an “illegal taking” of land

By Allen Payton

Antioch residents have the opportunity to vote on Measure T on the November ballot because a judge told the Antioch City Council they had to place it there. But, since that ruling, Gov. Newsom signed into law SB330, the Housing Crisis Act of 2019.

According to the Legislative Counsel’s Digest, “This bill, until January 1, 2025, with respect to land where housing is an allowable use, except as specified, would prohibit a county or city, including the electorate exercising its local initiative or referendum power, in which specified conditions exist, determined by the Department of Housing and Community Development as provided, from enacting a development policy, standard, or condition, as defined, that would have the effect of (A) changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018.”

What that means is even if Measure T passes, it will have no effect on the remaining four parcels of land on the west side of Deer Valley Road in the Sand Creek Area that have had a 2-home per acre zoning designation since the 1980’s and officially since 2005.

So, why is Measure T on the ballot?

Because in early 2018 out-of-town environmentalists with a few Antioch residents who supported their efforts, pushed forward the Let Antioch Voters Decide: The Sand Creek Protection Initiative. They were trying to stop about 2,000 homes by moving in the city’s Urban Limit Line and downzoning all the property west of Deer Valley Road to just one home per 80 acres – a 97.4% decrease in housing units and devaluation of property.

But the proponents lied to Antioch residents to get them to sign the petitions telling them they could stop 8,000 homes. Yet, they knew that only 4,000 homes were allowed in the Sand Creek Area since the city council voted for that amount in the City’s General Plan in 2005.

The fact is by 2018, 1,174 homes had already been approved on the east side of Deer Valley Road. Plus, another 350 are planned on the eastern edge of the area, 121 homes planned north of Kaiser, and 301 senior homes are planned in a gated community in the hills south of Kaiser, for a total of 1,946 homes. That left only 2,054 homes that the initiative might have been able to stop – because it only affects the west side of Deer Valley Road.

Richland Development, the proponents of The Ranch project with its 1,177 homes on the west side of Deer Valley Road, launched their own initiative to get the voters to approve their project, but also threw their neighboring four properties under the bus downzoning them to one home per 80 acres, as well. Although they gathered enough signatures and the council adopted their initiative in 2018, a judge threw it out. Instead, in June of this year, the city council voted unanimously to approve The Ranch project and the environmentalists did not oppose it. In fact, they praised the project for protecting hillsides and the 250-foot setbacks to Sand Creek. (See related article)

So, that leaves only 877 homes that can still be approved in the Sand Creek area. Not 8,000 or even 4,000.

History of New Homes Planned for the Sand Creek Area

The bottom line is homes have been planned for the Sand Creek Area since the 1980’s when the city council and staff started drawing up plans and communicating with the landowners. Then we the people voted – three times, telling the landowners homes could be built on their property. Developers started making option payments on some of the land as early as 1989.

Beginning in the mid-1990’s 8,950 homes were planned in the Sand Creek Area, then known as Future Urban Area 1 (FUA-1) and 700 homes were proposed for the Roddy Ranch development for a total of 9,650 homes. But that number was reduced to 4,700 homes total by the City Council in 2003.

1990 – First Vote of the People Allowing New Homes in Sand Creek Area

Yet, what they call open space has actually been owned by developers for 20 or more years, since we the people of the county voted in 1990 for an Urban Limit Line and placed it along the ridgeline on the south side of the former Roddy Ranch Golf Club. That vote cut off 65% of the land in the county from subdivision development. The Sand Creek area land is inside the other 35% of the land where it’s allowed.

2005 – Second Vote of the People Allowing New Homes in Sand Creek Area

Then after the Board of Supervisors moved the ULL in and cut out the Roddy Ranch property, in 2005, we the people of Antioch voted to move the ULL back out and establishing Antioch’s own ULL. Known as Measure K, it passed by almost 60% of Antioch voters.

2007 – Third Vote of the People Allowing New Homes in Sand Creek Area

Then in 2007, the county had another vote on the Urban Limit Line to confirm its location. The line remained in the same place. So, once again we the people voted to allow new home construction in the Sand Creek area.

Land is Owned by Developers, It’s Not Open Space

That’s why for over 20 years the land in the Sand Creek Area has been owned by developers, waiting for the right time in the market to get their projects approved and build their voter allowed new home subdivisions.

But they missed the market, twice and faced the 2008 economic downturn. Yet, in the meantime, Highway 4 was widened through Antioch, the Highway 4 bypass/extension was built to Balfour Road in Brentwood and BART opened in our city. All the internal major streets in Antioch and highways were designed with 12,000 homes planned for the Sand Creek Area and south. Yet now that the Roddy Ranch is permanent open space, so those 700 homes planned for half-acre lots inside a gated community on 900 acres inside the ULL, will not be built.

11th Hour Effort to Stop the Sand Creek Area Homes

Then, just as three of the remaining five property owners were ready to move forward with their plans for final approval by the City Council, the environmentalists tried to stop them with their initiative. Worse, even though the Zeka Ranch was ready to submit plans in 2017, they were advised by City staff to hold off until The Ranch project on the east side of the old Empire Mine Road submitted their plans, so they could coordinate on road alignments. So, The Zeka Group held off. In the meantime, the two initiatives moved forward, and both gathered enough signatures to be placed on the ballot. Instead the five members of the City Council chose to adopt both initiatives instead of placing them on the ballot.

Why Can Brentwood Have Nice Homes & Gated Communities, But Not Antioch?

They didn’t stop the nice, upscale, senior and gated communities, and even million-dollar homes from being built in Brentwood. But they don’t want Antioch to have them? Why not? People who live in Antioch want to live here, move up to a nicer home, or to a senior community and not have to move out of town, like some of our former city leaders have actually done – to Brentwood.

Plus, the homes in the Sand Creek Area on the west side of Deer Valley Road won’t be built for five to 10 years, because the sewer line has to be extended from the east end of the valley. Also, all the homes will pay the regional traffic impact fee of $15,000 each, and a new, annual police funding assessment, yet they won’t have the impact on crime and police services as other parts of Antioch. That’s just a fact.

The best part is that the types of homes planned for the Zeka Ranch project will attract business owners and executives to Antioch to bring their companies and jobs to the 200-acre area near Laurel Road, that the city council I was a part of set aside in 1998 for employment and commercial uses.

Here’s What’s Really Been Going On

The environmentalists and the East Bay Regional Park District lust for the Zeka Ranch and its 640 acres adjacent to the Black Diamond Mines Regional Preserve. Although they could build 1,280 homes on the property based on the two homes per acre zoning designation, The Zeka Group, owner of the Zeka Ranch, originally planned about 1,100 homes. The park district threatened to sue the City of Antioch if they allowed that, so Zeka chose to be a good neighbor and reduce their total to 750 homes. But that wasn’t good enough. Park district representatives drew an arbitrary line on Zeka’s property and said they could build homes in that area. (See map top). The Zeka Group, led by Antioch homeowner Louisa Zee Kao, chose not to fight and scaled down her project again, this time to just 337 units on 200 of her 640 acres. Yet, that’s still too many for the environmentalists and what they’ve written into Measure T which would downzone the property to just eight homes, total! Why? So, the park district can buy it for pennies on the dollar. That’s what the environmentalists tried to do a few years ago by asking The Zeka Group to sell their land at a deep discount to another developer to be used as open space, at a price much lower than the $30 million they’ve spent to purchase it, as well as the costs for creating the plans and going through the city approval process.

Taking of Land

That’s what is called an illegal taking of land. That’s why The Zeka Group won in court twice and both The Ranch initiative and the environmentalists’ Sand Creek initiative were thrown out in 2019. The judge said the council couldn’t adopt The Ranch initiative the way it was written. He also said the Let Antioch Voters Decide initiative, (which is ironic, since the environmentalists got the five council members to decide by adopting it in 2018, circumventing the voters) had to be placed on this November’s ballot. (See related articles, here and here)

SB330 Makes Moot Measure T

But the initiative is moot – has no meaning and will have no impact – due to the language in SB330. Even if Measure T could go into effect, it’s just wrong, unfair and frankly unAmerican. How would you like it if you followed the rules, bought some property, spent money on plans within the limits allowed and just as you’re ready to get your approval to build, the rules are changed on you and now your property is worth 2.5% of what you paid for it? I doubt you would like it or think it’s fair. But, that’s what Measure T is attempting to do to four property owners in Antioch.

Fortunately, that can’t happen and the Yes on T campaign is really a waste of time and their supporters’ funds. Yet the environmentalists are still trying to deceive the voters of Antioch hoping that you’ll vote for Measure T to send a message to future council members to not approve the remaining 877 homes. However, if a future council votes against the Zeka Ranch project or any others on the remaining parcels in the next five years, the City will be on the hook for having to purchase the land at the fair market. That could cost Antioch taxpayers millions of dollars. So, save our tax dollars, don’t take their land, and vote No on Measure T. To learn more, visit the No on Measure T page on this website.

In an email on Sunday, the Antioch Police Officers Association sent out the following message to Antioch residents:

Voters may have received a mailer from Mayor candidate Lamar Thorpe claiming he is for greater law enforcement efforts in Antioch. THIS IS NOT TRUE.

There is a reason the Antioch Police Officers’ Association has endorsed the re-election of Mayor Sean Wright and NOT Lamar Thorpe. Mr. Thorpe’s vision for the future of Antioch will INCREASE CRIME, increase our HOMELESS POPULATION and lead to further blight in our City. Here’s what we know:

Lamar Thorpe is the leader in the effort to DEFUND the Antioch Police, which would be devastating to our effort to fight crime in our community.

Lamar Thorpe initiated the proposal to turn the Executive Inn Motel on E. 18th and Cavallo into permanent housing for the homeless. This motel is 1/4 mile from 4 Antioch Schools and the Antioch Youth Sports Complex. We think this will only attract more crime to this vulnerable area.

Lamar Thorpe voted against accepting a Department of Justice yearly grant of $750,000 to return School Resource Officers to 6 Antioch schools where we need them most.

In contrast, Mayor Sean Wright has added 20+ new police officers (we’re now at 118) to the Antioch Police Department. He opposes Lamar Thorpe’s homeless motel and voted to accept the grant to further protect our students.

What happens this election is extremely important for the future of Antioch. Please join us in supporting Mayor Sean Wright’s re-election. Thank you.

Antioch Police Officers’ Association

Dear Editor,

I have followed the Antioch City Council for years (and I am certainly no stranger to the public comment podium). Experience teaches that the important issues facing our city are surprisingly complicated. Success requires being open minded, communication, intelligent decision making, and experience seeking solutions that are right for Antioch. Taking into account these vital qualities, and in light of the challenges facing our city, I am certain that the right person for Mayor of Antioch continues to be Sean Wright.

Sean Wright’s only political ambition is to be Antioch’s mayor; he is not using our city as a steppingstone for future political aspirations. In other words, he puts Antioch’s interests first. Mayor Wright is not beholden to any political party bosses, hence we need not worry about our city becoming a hobby horse for outside interests that will force Antioch down failed paths and someone else’s agenda. I have always been impressed with Mayor Wright’s in-depth knowledge of the issues, no doubt the product of his ability reach out and listen to people. His livelihood is here in Antioch, his children attend Antioch public schools, active in the Chamber of Commerce – these are just a few examples of how Sean Wright is deeply rooted in Antioch and committed to its success.

Especially important in these difficult times is that Sean Wright is transparent. There are no hidden agendas, no backroom deals, no maneuvering to pack the City Council with allies or employees, and no smear campaigns promulgating lies. Such antics will only serve to divide our city and call into question the motivations of their perpetrators.

I am voting to re-elect Sean Wright as Mayor of Antioch. With all sincerity I ask that you vote for him too. I guess you could say, “I like Wright.”

With Kind Regards,

Dr. Jeffrey Klingler

Antioch Resident (22 years)

Dear Editor:

The following letter was sent to our mayor and councilmembers in time for their next meeting, Tuesday night.

Mayor and Councilmembers:

In an effort to support and assist our restaurant owners in Antioch, I am proposing the City Council immediately adopt an emergency ordinance to support our small business restauranteurs.  How?

I am proposing that the City limit the amount that third party food delivery companies can charge our restaurants to 15% of the sales amounts.  Currently, food delivery services can charge as much as 30% to provide this service to people ordering from our restaurants.  This temporary measure will help support our local restaurants, cost the City zero to adopt and implement and help during this pandemic time as some people continue to order food delivered to them, instead of venturing out for pick up.

Large conglomerate restaurants can usually negotiate a smaller delivery charge, but our local business owners are at the mercy of the delivery firms, and their high charges.  Our local small restaurants are often dealing with a 20% to 30% charge

Longevity for this ordinance?  Why not have the ordinance terminate when the City Council and County lifts emergency orders related to the pandemic.  Restoration of normalcy seems vague at this point, and the ordinance to support our restaurants should not terminate prematurely.

This is a quick way to support our restaurants in Antioch.  As we approach the fall and winter, we need to be proactive in supporting our business community.  I am available to share my research with you, and expect our City leaders to be responsive in helping our small businesses, restaurants in particular.

Manny Soliz, Jr.

Former Mayor Pro Tem and Councilmember

Current candidate Antioch City Council District 1

P.S. I also support waiving late fees on Antioch business licenses, this year to help all businesses in our city.

 

Dear Editor:

How about you do a long story or set of stories and publish the salaries of the Antioch Unified 2,700+ employees collecting outrageous pay amounts while the children in the district are getting sub-par or no services. It’s all on TransparentCalifornia.com. The district has contractors “providing services” for special needs children through “distance learning”. Services for mentally handicapped children through a computer screen. Children that cannot talk and do not have fine motor skills to operate the computer.

Yet, these same contractors also work for doctor’s offices and provide in-person services through medical insurance. The kicker is medical insurance won’t pay for these services after three years old because the public schools are required under federal laws to provide it free. But they’re not providing it either, as Sec. 504 of the ADA requires.

https://transparentcalifornia.com/salaries/2019/school-districts/contra-costa/antioch-unified/?page=1&s=-gross

Thomas Giles

Antioch

Dear Editor:

Over the past few decades, Antioch has become one of the most wonderfully diverse Cities in Contra Costa County.  As we continue to grow, so must our ideas and solutions to complex issues.  Remaining stagnant will not benefit Antioch. The City Council in particular must focus on actions that benefit all residents in the City rather than continue the cycle of political grandstanding.

This election year, we need new energy, and new thought processes on the City Council.  Rejuvenating the city through fresh ideas, and fresh perspectives will allow us to break the cycle of failure.  Our River Town has huge potential, yet the City Council does nothing to improve the conditions of Rivertown and other areas of Antioch.  We need strong, accountable leadership that will take the steps necessary to improve the conditions of Antioch.

The new energy and fresh perspective Antioch needs is Antwon Webster.  I have done the research on him and taken the time to communicate with him on several occasions.  He and his family moved to Antioch in order to create lasting memories and to make a home for their kids.  In doing so, he wants Antioch to be a place that is safe and full of opportunities for his family and for all the residents of Antioch. His top priorities are:

• Safety:  Working with Law Enforcement to create and enhance our Community Policing program.
• Reducing Crime:  Supporting our Law Enforcement through funding for additional resources and training.  Increasing the number of law enforcement to an adequate level.
• Future City Development:  Reviving local business and creating youth outreach and development programs.  Improving city revenue through smart economic growth.
• Blight:  Cleaning up Antioch and beautify the city so that we all can enjoy and admire the city we live in.  Beautifying and remodeling our historic, downtown Rivertown into something more modern day, where families can come and enjoy a walk on the waterfront.

Antwon Webster is a visionary and as a military veteran, he understands how to strategically move Antioch forward.  He is committed public servant and record of proven leadership.  He has shown and proven that he is a man of his word and a committed to the City of Antioch.  I am honored to endorse Antwon Webster for Antioch City Council, District 3.

Best Regards,

Chief Allan Cantando (Ret.)

Dear Editor:

District 2 Antioch City Council candidate Mike Barbanica offers two solutions to the problem of homelessness in Antioch: breakup homeless encampments and deny the homeless services. He also mentions arresting them. Breaking up encampments is an old solution that we have seen fail. It undermines the effort to get the homeless into housing. It is also now illegal.

Antioch took a similar approach on the issue of the growing number of Section 8 residents. This policy was halted, and the city settled a lawsuit with those residents after the city was accused of discrimination. Running people out of town is not the answer. It is a failed approach. It is a shameful solution. It makes the problem worse. California’s Right to Rest Act makes such actions illegal. (See related article)

The United States Interagency Council on Homelessness (“USICH”), an organization composed of nineteen federal cabinet and agency heads to advance federal collaboration to end family homelessness, has recognized that sweeps and the seizure of the personal property of the homeless is harmful and counterproductive. The USICH report, “Ending Homelessness for People Living in Encampments,” finds that “forced dispersal” of encampments is “inappropriate and undermines the goal of linking people to permanent housing opportunities.”

In the California Right to Rest Act of 2018 the California State Legislature defines harassment against the homeless as, “a knowing or willful course of conduct by law enforcement, public or private security personnel, or agent directed at a specific person that a reasonable person would consider as seriously alarming, consider pestering, troubling, disturbing, or threatening.”
When it comes to homelessness Antioch has other obligations.

The requirement to provide for housing and shelter for low-income and homeless individuals as stated in Antioch’s General Plan and to adhere to the requirements of government code is an “obligatory duty which a governmental entity is required to perform,” not a permissive one. Antioch’s mandatory duty created by California Government Code § 65583 et seq., known as the California Housing Accountability Act requires the city to provide for housing and shelter for low-income and homeless individuals.

Michael Kitterman

American Citizens Institute

A Research and Analysis Public Charity

AmericanCitizensInstitute.org

 

Dear Editor:

Since this appears to be an issue, I’d like to make something clear.

District Attorney Diana Becton is brilliant, someone I admire and respect and am blessed to be able to consider her a friend.  I 100% believe she is making resource decisions that are difficult and should not be challenged until or unless you understand resource limitations.  This is not about her protecting criminals. It is about making sure we have the resources to prosecute violent and high-level crimes. I agree with that and support the decisions she has had to make.

With that said, since I am an adult and have the right to make my own decisions, I am supporting Sean for Mayor.

I also supporting Fernando Sandoval against Greg Enholm, and Clyde Lewis for school board.

I also support Tammany Brooks our Police Chief, and anybody that calls him racist should research his background.  His father is Black and he grew up in the hood and knows more about crime and real life more than many people I know. He grew up the way I did, and I have nothing but respect for him.

If this offends anybody, that’s your right.

I have one more thing to say everybody.

I can’t not share other things I know about people running for office during election season.

Although I was and still am hurt by Ken Turnage’s opinion about older people because of my own age, I would be wrong to not share that Ken helped save the lives of one of my students and one of my family members by blessing them with jobs and emotional support when they both needed it.

Iris Archuleta

Antioch