Sends environmental group’s initiative to staff to study for 30 days

By Alexandra Riva

During their meeting on Tuesday, July 24, the Antioch City Council adopted the initiative sponsored by Richland Communities, approving their 1,177-home project in the Sand Creek area, while sending the competing Let The Voters Decide initiative, sponsored by environmental groups, to city staff to study for 30 days.  City staff report on West Sand Creek initiative 072418

The council had three options for each initiative that had garnered enough signatures to qualify for the ballot. They could have either adopted one or both of them, sent them to the November ballot, or send them to staff to study for 30 days and return with a report. Then within 10 days they would still have the options of adopting or sending to the ballot. City staff report on Let Antioch Voters Decide initiative 072418

The first initiative discussed was for ‘The Ranch’ project in the Sand Creek area, that scales back the proposed project by 10% from 1,307 to 1,177 homes and requires the developer to donate $1.2 million to Deer Valley High School for their sports programs. The item was passed unanimously by the council.

Discussed second was an initiative to restrict development in portions of the area which, with five affirmative votes by the council, was sent to staff who must return with a report at a special meeting on August 21. They will then decide at their regular meeting on August 28 whether to adopt it or send it to the ballot for the March 2020 election. Richland’s development agreement will be effective on August 23, 30 days after Tuesday night’s council action. So, if the council adopts the other initiative, although it has conflicting language, it will have no effect on and cannot stop The Ranch project from being built.

Both initiatives restricted development on neighboring Zeka Ranch project, which included between 300-400 homes on 200 of their 640 acres. That has been the target of the environmental groups since the beginning of the planning for the Sand Creek Focus Area, formerly known as Future Urban Area-1.

Both of the issues were hotly debated at the meeting by members of the public who packed the council chambers, for a standing room only audience.

A presentation made by Craig Christina, Richland’s vice president, urged the council to approve the development plan for ‘The Ranch’ project, based on the fact that this would ensure balanced development of the West Sand Creek area. Additionally, he explained that the development of ‘The Ranch’ would create hundreds of local construction jobs and would create a surplus of funds, around half a million dollars or more, for the city.

Many members of the public agreed with what he had to say, including representatives of construction trades unions, the Antioch Chamber of Commerce and the Delta Association of Realtors, citing a need for more housing options in Antioch and how this project will help the city grow, and create local jobs.

However, others asked to have both initiatives sent to staff to study for 30 days, to avoid having them on the November 2018 ballot. One of those was Louisa Zee Kao, president of the Zeka Group, which bought their land located to the west of old Empire Mine Road and The Ranch project, in 1992, saying they had spent millions of dollars and worked with the city in the years, since.

Lawyers representing The Zeka Group has submitted a letter challenging the legality of both initiatives, pointing out flaws in each, to the city and each council member on Monday. Andrew Bassak of the Mannat law firm in San Francisco, spoke to the council expressing his client’s concerns. In addition, former Antioch Council Member and Herald publisher Allen Payton challenged the council about the private property rights of Mrs. Zee Kao. Manatt Letter to Council

In response, Council Member Tony Tiscareno asked Acting City Attorney Derek Cole about the impact on The Zeka Ranch if they adopted Richland’s initiative.

Cole explained that the initiative has a takings exemption clause, stating that if one of the four neighboring property owners feels their property has been devalued, thus taken, they have the opportunity to challenge that and the council will decide. The other initiative has a similar clause, but that one leaves it up to a judge to decide. That satisfied the councilman’s concerns.

Antioch Mayor Sean Wright expressed sentiments about the voting process and how long this issue has been up for debate.

“This has been a frustrating process,” he said. “I think this process stinks. We talk about it going to the voters and that’s where it’s gone. What I’ve learned through this is that ultimately a referendum can stop anything and it’s frustrating. How many times do we have to vote about this land?”

In response to the impending approval of the development plan, which would result in 1,177 more homes for the city, Mayor Pro Tem Lamar Thorpe expressed discontent with the decision.

“I’ve been kind of turned off by all of this…One of the things that I think my friends in the environmental community have always made an issue of are concerns about the environmental sensitivities on [the] property,” he said. “I’ve found it disingenuous the way signatures have been gathered to make this ranch project the focal point, when that was never the intent. And I also found it disheartening that in my discussions leading up to this with Save Mount Diablo, that they didn’t come up here and share their vantage point.”

The leaders of the environmental groups’ initiative, including Seth Adams of Save Mount Diablo, were not in attendance at the meeting, leading some to speculate that a deal had been cut between Richland and the environmental groups. Thorpe specifically mentioned their absence in his comments.

The “Let Antioch Voters Decide” initiative to restrict development in the Sand Creek area west of Deer Valley Road and make the city’s Urban Limit Line permanent. If the council adopted that initiative, it would essentially undo the development of ‘The Ranch’, which had just been approved in the meeting. It was decided that would be sent back to staff for review for 30 days.

One of the three local proponents of that initiative, Michael Amorosa was in attendance at the meeting, but did not speak on either issue.

Many community members against the urban development of the Sand Creek area still came out to share their disapproval and asked the council to adopt the initiative to restrict development.

“We are very proud that together with hundreds of supporters in Antioch and our allies at Greenbelt Alliance, California Native Plant Society, and Sierra Club, we are able to form the Antioch community to save Sand Creek and collect nearly ten thousand signatures, almost 6,000 of which were officially submitted to the city and county to qualify our ‘Let Antioch Voters Decide: Sand Creek Area Protection Initiative’ for the ballot,” said Juan Pablo Galvan, from Save Mount Diablo.

Further, Galvan asserted that by rejecting the development plan, and adopting their initiative, Antioch’s natural resources and scenery would be protected, as well as reducing traffic in the area.

Tiscareno spoke out against the initiative to restrict development in the Sand Creek area, after public comment ended.

“I am, to be honest with you, most angry about this particular one,” he said. “And, it’s not the citizens of Antioch, I truly believe that they are trying to do good things and try to preserve some of the beautiful hills out there but what I’ve heard and what I’ve experienced in the last several months has really disturbed me.”

Tiscareno continued, “…I did come across some of the petitioners. Some of them were good, but a lot of them were misinforming the public. I personally was approached and asked, ‘do you want to see 50 thousand homes built in the city of Antioch’ and I asked them were they got the information.”

He went on to explain that none of the petitioners he encountered could tell him where they got their information, but simply urged him to sign the petition. But, Tiscareno then clarified that not all of the petitioners he spoke with did this.

Council Members Monica Wilson and Ogorchock also shared similar stories, commenting that they had heard that anywhere between four to fifty thousand homes were to be developed in the Sand Creek area, which is false. Ogorchock then called some of the efforts to thwart development by the petitioners ‘deceiving’.

Ultimately, the major decision at the meeting was to go the adoption of ‘The Ranch’ initiative and approval of their project, and to prevent the environmental groups’ initiative from appearing on the November 2018 ballot. It will return to the council for their August 21 and 28 meetings for a final decision.

Allen Payton contributed to this report.

Council wants to split revenue with 80% going for police services

By Alexandra Riva

At their meeting Tuesday, July 24, the Antioch City Council voted to place a ballot measure that would extend and double the transaction and use tax, or sales tax permanently from a half-cent to one cent. With the five affirmative votes, residents will now have the opportunity to vote on the measure as it will appear on their ballots in November. 1 Cent Sales Tax Ballot Measure Staff Report

As it stands, the fiscal impact of Measure C’s one-half cent sales tax measure, which generates $6.7 million in revenue. Most of this revenue is currently being spent on the Antioch Police Department. Through the extension and increase, the measure could have the potential to generate $14 million in revenue for the City’s General Fund, each year. 1 Cent Sales Tax Draft Spending Priorities

Unlike Measure C, with its seven-year sunset clause, resulting in the sales tax expiring in April 2020, the one-cent sales tax measure if passed, would be permanent. It could only be removed by another vote of the people.

The drafted version of the measure allocates 60% of revenue for the maintenance of public safety, 20% for youth services, and the remaining 20% for supporting quality of life and fiscal stability and accountability.

During the meeting the council discussed changing these amounts from percentages of 60-20-20 to an 80-10-10 allocation. This 80-10-10 split was advocated for by both Councilwoman Lori Ogorchock, who included it in her motion which was seconded by Councilman Tony Tiscareno, and Mayor Sean Wright during his comments. However, it is not part of the actual ballot language and future councils will not be bound by those amounts and can spend the funds in any way they deem necessary.

Ogorchock wasn’t happy that it was the first time she and the rest of the council had a chance to consider the ballot measure.

The proposal was the result of an ad hoc committee consisting of Mayor Pro Tem Lamar Thorpe and Councilwoman Monica Wilson, and input from the public, including phone and online surveys, and the city’s “Join the Conversation campaign” on the city’s website and Facebook page.

“I want to thank my colleagues for going on this adventure, which we’ve been on for almost a year-and-a-half… in gathering data,” Thorpe said. Over 2,000 individual residents gave input on their priorities during the effort, he mentioned.

He responded to Ogorchock’s concern by saying “we did get an update from our pollster, back in January… we conducted this poll recently and it was concluded a couple weeks ago. So, it wasn’t that we were trying to hide anything.”

“It is a recommendation based on the data we collected,” Thorpe added.

Tiscareno said he supported the measure because he wanted to hire more police officers, “which we can’t do with Measure C.”

Wright argued for the increase, comparing Antioch to Brentwood, responding to concerns of why the neighboring city doesn’t do like they do in Brentwood. “The people of Brentwood have taxed themselves” an extra $3,000 per year per home to pay for city services, he said.

“We have an opportunity, tonight to tax ourselves… to drive Antioch to be the city we want it to be,” Wright added.

The council’s unanimous vote only places the measure on the November ballot for the voters to decide, and nothing more.

Of those who offered public comment on the issue, most seemed to support the implementation of an increased tax rate for an extended period of time and urged the council to place the measure on the ballot.

Calls were made for the potential funds generated from the measure to be allocated to the police department and public safety. Additionally, funding from this measure, intended to improve the quality of life of residents, particularly Antioch youth, was another concern among the members of the public, who spoke

Samson Knight, an Antioch resident, expressed his support for the measure with particular interest in funding for quality of life services.

“I think that these quality of life services, especially youth programs, would be a great boon to our city. I think the proportional gain of resources for these programs would be much greater than an equivalent amount given to such a large financial entity such as APD,” said Knight.

Funding for the Antioch police department, as a result of this measure in its current state, was around $7 million, which has allowed the city to hire a net seven additional officers, and did tremendous good for the city, according to some speakers. One such community member was Steve Aiello, president of the Antioch Police Officers’ Association, who spoke in support of the measure.

“As you can see, the issue of public safety is directly related to the quality of life…It is important to note that even though we have made great strides in hiring officers, we still need more,” said Aiello.

However, other speakers were not happy with the proposed tax increase.

“I don’t even really understand this,” said Beverly Knight, Samson’s mother. “I know that the residents of Antioch don’t have a problem with continuing with Measure C. They want a fully staffed police department. We need people to feel safe to come out of their homes…when using the parks. We want a fully funded police department before we mess with Measure C. That’s what people voted for.”

To date, the city has added a net seven police officers out of the 22 promised by the then-mayor and council in 2013, if Measure C passed.

Although it’s a tax increase the council gave it the title of “City of Antioch Quality of Life Measure.”

The ballot language adopted will read, “To maintain Antioch’s fiscal stability and police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality and safety; repairing streets; cleaning up parks/illegal dumping; restoring youth after-school/summer programs; and other essential services; shall the measure be adopted approving an ordinance to renew the sales tax at the one-cent rate, raising approximately $14,000,000 annually until ended by voters, requiring independent annual financial audits and all expenditures available for public review?”

The election will be held on Tuesday, November 6.

Allen Payton contributed to this report.

Total would be one cent instead of the current half-cent sales tax

By Allen Payton

Before the city has fulfilled its 2013 commitment from Measure C’s half-cent sales tax to “immediately” hire 22 additional police officers, the Antioch Council will consider a staff recommendation place another sales tax measure on the November ballot to increase it to a full cent at their meeting on Tuesday night, July 24th. The increase if passed would begin two years before Measure C expires in April 2021. If the measure fails the city will have nnother chance to place it on the ballot, again in November 2020. 1 Cent Sales Tax Ballot Measure Staff Report

When the promise was made in the summer of 2013, by then-Mayor Wade Harper and the four members of the council, which included both current Council Members Monica Wilson and Tony Tiscareno, there were 89 sworn officers on the force and being paid for out of the city’s General Fund budget. To date Antioch has added a net eight sworn police officers to the force for a total of 97 sworn officers, from the Measure C revenue. However, city staff, at the direction of the council, and even the Citizens’ Sales Tax Oversight Committee, continue to use the base figure of 82 sworn officers, which is the total that were on the force at the time the measure passed in November 2013. The department staffing was reduced by seven officers in those several months due to retirement and other reasons.

So, while the council owes the taxpayers and residents of Antioch a total of 111 sworn officers from Measure C funds, their claim is that they only owe 104 officers.

According to the staff report for Tuesday night’s meeting agenda, Measure C currently generates $7.2 million per year for the city’s General Fund. Revenue from the proposed sales tax increase proposed would generate approximately double that amount and would be spent on a variety of items in the budget.

The draft proposed spending priorities include 60% to support public safety, including maintaining and restoring neighborhood police patrols, 20% to support youth services and 20% to support quality of life, fiscal stability and accountability. That means paying off the city’s pension debt. What the staff report doesn’t include is any commitment to the number of additional sworn police officers the tax increase will pay for.  1 Cent Sales Tax Draft Spending Priorities

The proposed ballot measure would have the following title:

To maintain Antioch’s fiscal stability and police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality and safety; repairing streets; cleaning up parks/illegal dumping; restoring youth after-school/summer programs; and other essential services; shall the measure be adopted approving an ordinance to renew the sales tax at the one-cent rate, raising approximately $14,000,000 annually until ended by voters, requiring independent annual financial audits and all expenditures available for public review?

The council meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 200 H Street, between W. 2nd and 3rd Streets in downtown Antioch. It can be viewed live on local cable TV channels or via the city’s website.

To see the complete council meeting agenda, click here.

By Allen Payton

Long-serving Antioch School Board Trustee Walter Ruehlig let it be known on Saturday, July 14 that he will not run for reelection and instead join fellow Trustee Debra Vinson and take on County School Board Vice President Jeff Belle in November’s election.

While Vinson, finishing her first and rather contentious term on the Antioch School Board, didn’t officially announce her campaign, she did ride in a car in the Antioch July 4th Parade with a sign indicating her decision to run for the county board. In 2017 Vinson was censured by her fellow board members for her interactions with district employees. (See related article). She was also passed over for the board presidency, following her year as Vice President. (See related article).

In an effort to achieve greater transparency for the public, earlier this year and after years of the Herald pushing the issue, Vinson was instrumental in getting the school board meetings televised live for the first time in the district’s history, via their YouTube channel.

On one issue, all three will most likely agree, which is approving charter schools. Both Vinson and Ruehlig were two of the three board members who, earlier this year, voted in favor of the East Bay Tech Academy middle and high charter school petitions, and Ruehlig was one of the three who voted for the Rocketship elementary charter school petition in 2016. Belle has voted against one and approved five other charter schools while on the county board.

“I have decided definitely to run for Area 5 County Board of Education,” Ruehlig stated, following rumors of the possibility.

In his official announcement, he wrote:

I will be submitting my candidacy papers on Monday, July 16th to run for Area 5 of the County Board of Education, which covers Antioch, Bay Point, Bethel Island, Brentwood, Byron, Clyde, Knightsen, Oakley, and Pittsburg.
In June of 1968, I dedicated myself to public service and youth education when I taught English for the Peace Corps in Sultandag, a rural village in Turkey that had no electricity.  Fifty years later, the idealism continues.

I believe that that my twelve-year service, with three years as President, on the Antioch School Board, and my experience with the Pittsburg Unified School District as a California Department of Rehabilitation Workability Program Director for adults with disabilities and as a career counselor, have given me useful insight into County Trustee duties.  I am excited by the challenge of overseeing career training programs, special education, community day schools, and facilities for incarcerated juveniles.

I was a late-bloomer myself but, fortunately, had teachers who didn’t give up on me. I eventually caught fire and worked my way through college.  My passion for sharing opportunity and persisting with high-risk, disadvantaged or under motivated students is my way of returning thanks.

Aside from counseling, teaching and administrative background, I feel I have the proven temperament and intangible skill sets requisite for good governance.

I enjoy communication and transparency. I am open, creative and innovative but believe in sober budgeting, no-nonsense classroom behavior standards and back to the basics core curriculum.  I am pragmatic and put my ego at the door to focus on getting the task at hand done one building block at a time.  In this age of divisiveness, I am proud to say that I can get along without always going along. I am a consensus-builder but no pushover. I cannot be bullied or bought.

I look forward to meeting the voters of Area 5, hearing their concerns, and presenting my vision. I welcome their scrutiny and would be honored by their support. I pledge not to let them, or their kids, down.

Walter Ruehlig

Candidate, Area 5

Contra Costa County Board of Education

Incumbent Jeff Belle

Elected in 2014, Belle has faced a variety of controversies before and during his term on the County School Board. In January 2016, Belle admitted to claiming he was a respiratory care practitioner even though he didn’t have a license and was fined $8,200 by the state. (See related article).

He and his wife had to move from their home in Antioch in spring of 2015 for failure to pay rent, due to a loss of his wife’s job and Belle not earning enough through his consulting business. They separated and Mrs. Belle moved to the Sacramento area. As a result, questions have arisen about Belle’s residency. He rented rooms in other people’s homes in the district. The two have since reconciled and Belle now splits his time between his wife’s place in the Sacramento area and a home in the district.

In December 2016, facing prosecution by the Contra Costa District Attorney’s office for lying on his ballot statement, Belle admitted in court that he didn’t have a college degree which he claimed. He agreed to community service to avoid a trial and possible fine of up to $1,000. (See related article)

In 2017 Belle suffered a heart attack and was hospitalized. Recently, he posted a fundraising effort on his Facebook page to help him pay off $8,000 in medical bills. The total raised was $50 from former County School Board Trustee and Clayton Valley Charter High School Trustee Richard Asadoorian.

Until recently, Belle claimed to be serving as a producer for a TV show in Southern California for women over 40.

Three Candidates, Two Open Seats on Antioch School Board

As a result of Vinson’s and Ruehlig’s decisions there will be no incumbents running in the November elections. Three candidates have announced, so far, including former Antioch School Board Trustee and Mayor of Antioch Mary Rocha, Shagoofa Khan, a 2018 Antioch Youth of the Year award winner, 2018 graduate of Dozier-Libbey Medical High School in Antioch, and currently a School Site Council Member for the district, and Elizabeth “Ellie” Householder, who was a Research Analyst working as a vendor on the LCAP for the district for two years, and is beginning a Master’s Degree program in Public Policy, this fall. She has also served as a member and Vice Chair of Antioch’s Measure C Sales Tax Citizens’ Oversight Committee.

The two are backed by Antioch Mayor Pro Tem Lamar Thorpe and have been campaigning together, including during the Antioch July 4th parade and on Facebook. In a post on July 5, Householder wrote, “Filing out our campaign finance forms. I couldn’t of [sic] asked for a more passionate and dedicated running mate.” Then in a post on July 6 she wrote, “Officially mailed in our finance papers to the Secretary of State! August 4th is our official campaign kickoff. Fundraising season starts soon – stay tuned for more details! #EllieandShagoofaforAUSD”

Filing opens on July 16th and closes August 10th if the incumbent seeks reelection. If not, the filing period will be extended to August 15th. The election will be held on Tuesday, November 6th.

By Arne Simonsen, Antioch City Clerk

Notice is hereby that a General Municipal Election will be held in the City of Antioch on Tuesday, November 6, 2018, for the following officers:

Two (2) Councilmembers – Term of two (2) years for each office (Ordinance 2141-C-S).

A nominee must be a registered voter residing within the City. Nomination petitions may be obtained from the City Clerk, located at 200 H Street, Antioch, CA, commencing on July 16, 2018, the 113^th day before the election and shall be filed with the City Clerk in person no later than 5:00 P.M., August 10, 2018, the 88^th day before the election.

Candidates may submit a candidate statement 250 words in length. Statements must be submitted in block form; standard upper and lower-case words.

Candidates are encouraged to call the City Clerk (779-7008) to make an appointment as the process to take out nomination papers takes about 30 minutes.

So far, the only announced candidate is former Antioch School Board Trustee Joy Motts. (See related article). Neither incumbent up for election, Council Members Tony Tiscareno nor Lori Ogorchock have announced they are running for reelection, although both participated in the July 4th parade.

Allen Payton contributed to this report.

Mark Meuser, candidate for California Secretary of State, will be launching a statewide #ElectionsMatter Bicycle Tour, covering 5,000 miles and 100 rallies in all 58 counties, starting in Martinez, Calif., the county seat of his home county of Contra Costa on Monday, July 9.

The kick-off will begin with a rally at Ferry Point near the Martinez marina at noon. Meuser, an avid cyclist, will head to the northern part of the state such as Eureka and Redding, eventually concluding the bicycle tour in Huntington Beach on Thursday, August 23.

“We must take action to eliminate the potential for fraud in our elections in California,” Meuser said. “Right now, we have 11 counties that have more people registered to vote than are eligible. For example, in L.A. County they have 144% voter registration and in San Diego County they have 138% voter registration.”

“Because elections matter, we need someone who will actually follow the law. We need a new Secretary of State and that’s why I’m running,” he added.

Meuser, is a Constitutional and election law attorney running to restore integrity and honesty to the election process in California. He has pledged to clean up the bloated voter rolls by removing those who have died, moved, are registered more than once, or are ineligible to register and vote.

Look for the #ElectionsMatter Express and Mark riding his bicycle, as they roll through the state.

Meuser is available for further interview on this topic at each rally. Please contact Matt Shupe, Meuser’s communications director to book an interview at (415) 735-8491 or Matt@PraetorianPR.com. For more information about Mark Meuser’s #ElectionsMatter Bike Tour, please visit www.markmeuser.com/bike-tour/.

By Allen Payton

According to City Clerk Arne Simonsen, three Antioch residents launched a referendum, on Wednesday, to repeal the Cannabis Business Overlay District approved by the city council on a 3-2 vote at their last two meetings. (See related here and here). “The proponents are Rodney McClelland, Manny Soliz, Jr. and Diana Patton,” Simonsen stated. Petition Section with ordinance

“They have 30 days to collect signatures from when the Mayor signed, and I attested to the ordinance, which was Monday, July 2nd,” he explained. “They do need 10%” of the registered voters in the city.”

The council passed the ordinance with Mayor Pro Tem Lamar Thorpe and Council Members Monica Wilson and Tony Tiscareno voting in favor, and Mayor Sean Wright and Council Member Lori Ogorchock voting against.

In a post on his Facebook page on Tuesday, Soliz, a former Antioch Councilman, wrote, “Frustration at a very short sighted decision by our elected officials. Antioch already has a severe public image problem. Now combine that with an approval to allow cannabis businesses, with no restrictions, at an area already plagued with crime, and an area in close proximity to some of the City’s largest tax revenue contributors. Even the Chief of Police recommended against approval, warning of the potential violent crime these businesses can attract. Who exactly does this Council represent?”

A call to McClelland was unsuccessful.

Please check back later for updates to this article, including the official comment from the proponents.

By Arne Simonsen, Antioch City Clerk

The County Elections Office has completed the signature verification on both of the initiatives that were submitted to my office.

“Initiative To Restrict Development in Portions of the Sand Creek Area, Approve a Development Agreement for “The Ranch” Project in That Area, and Allow Amendment of the Urban Limit Line by the Voter Approval Only”

Number of valid signatures of registered voters required: 5,111

Number of valid signatures verified by the County Elections Office: 5,156

“Initiative To Change General Plan Designation Within The Sand Creek Focus Area and Permanently Require Voter Approval of Amendments to Urban Limit Line”

Number of valid signatures of registered voters required: 5,094

Number of valid signatures verified by the County Elections Office: 5,682

In coordination with the City Attorney, I will prepare a staff report for the July 24th City Council meeting to certify the petitions.

The City Attorney will give the Council three choices on each initiative per Elections Code 9215:

1) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition presented, or within 10 days after it is presented.

2) Submit the ordinance, without alteration, to the voters pursuant to Section 1405 of the Elections Code.

3) Order a report pursuant to Section 9212 at the regular meeting at which certification of the petitions is presented. When the report is presented to the legislative body, the legislative body shall adopt the ordinance within 10 days or order an election pursuant to subdivision (b).

See related articles here, here, here, here, here and here.