ANNOTATED AGENDA
Antioch City Council
SPECIAL AND REGULAR MEETING
Date: Tuesday, February 22, 2022
Time: 4:30 P.M. – Closed Session
6:00 P.M. – Special Meeting/Study Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
Michael Barbanica, Mayor Pro Tem (District 2) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Lori Ogorchock, Council Member District 3 Cornelius Johnson, Interim City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney
In accordance with the Americans with Disabilities Act and California law, it is the policy of the C ity of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alt ernative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone:
(925) 779-6950, and e-mail: [email protected].
SPEAKER RULES
Welcome to a meeting of the Antioch City Council. Your attendance is appreciated. The State Ralph M. Brown Act guarantees the public's right to address the City Council, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour.
The City Council can only take action on items that are listed on the agenda. If you wish to speak about an item not on the agenda, the "Public Comments" section of the agenda is for you. Unagendized comments are provided until no later than 7:30 p.m. when the City Council moves on to agenda items. There is another opportunity for public comments at the end of the meeting.
If you wish to speak, either during "public comments" or during an agenda item, fill out a Speaker Request Form and place in the Speaker Card Tray near the City Clerk. This will enable us to call upon you to speak. Important: Please identify if the comment is for Announcement of Community Events, Public Comment, or a specific Agenda Item Number on your Speaker Request Form. No one may speak more than once on an agenda item or during "public comments." (Please see next page for additional information on public participation.)
Each speaker is limited to not more than three minutes under Public Comments and three minutes on non-public hearing agenda items. During public hearings, each side is entitled to one "main presenter" who may have not more than 10 minutes; all other speakers during public hearing items, are entitled to a maximum of 5 minutes. These time limits may be modified depending on the number of speakers, number of items on the agenda, or circumstances. Groups who are here regarding an item may identify themselves by raising their hands at the appropriate time to show support for one of their speakers.
During certain types of hearings, the applicant is allowed to give his or her presentation first.
After all testimony is received, the applicant has an opportunity for rebuttal.
The "Consent Calendar" is a group of items which are determined to be routine. These items are usually considered all at once and approved without further discussion. If you are opposed to action which is recommended for an item on the "Consent Calendar," please submit a Speaker Request Form before the meeting, and place in the Speaker Card Tray near the City Clerk. This will enable the item to be removed from the call
on you to speak.
After having heard from the public, the agenda item will be closed. Deliberations will then be limited to members of the City Council.
If the meeting appears to be going late, the City Council may decide to continue some items until a subsequent meeting. The City Council will try to make this determination around 10:00 p.m. It is the goal to stop discussing agenda items by not later than 11:00 p.m.
The City Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. The City Council also holds adjourned meetings and study sessions on other days.
ANTIOCH CITY COUNCIL -1- FEBRUARY 22, 2022
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Other materials, such as maps and diagrams, may also be included. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link:
https://www.antiochca.gov/notifications/ and enter your e -mail address to subscribe. To view the agenda information, click on the following link: https://www.antiochca.gov/government/agendas-and-minutes/city- council/. Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the Council on each agenda item. Please see the Speaker Rules on the inside cover of this Agenda for additional information on public participation.
4:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 3 Ogorchock, District 4 Wilson, and Mayor Pro Tem/ District 2 Barbanica (Council Member District 1 Torres-Walker arrived at 4:32 p.m.) (Mayor Thorpe – Absent)
PUBLIC COMMENTS for Closed Session
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Philadelphia Indemnity Insurance Company v. City of Antioch et al . Contra Costa County Superior Court Case No. Case No. MSC18-00327.
No reportable action
2) CONFERENCE WITH REAL PROPERTY NEGOTIATONS – pursuant to California Government Code section 54956.8: Property: Antioch Community Center Rooms 125, 126, and 127 (consisting of 474 square feet of office space) located at 4703 Lone Tree Way, Antioch CA 94531; Agency Negotiation: Cornelius Johnson, City Manager, and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Jerry McNerney, United States Congressman; Under Negotiation: Price and Terms of Payment.
No reportable action
3) CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Police Officers’ Association, Operating Engineers Local Union No. 3 (OE3), Confidential Unit, Management Unit , and Treatment Plant Employees’ Association.
No reportable action
ANTIOCH CITY COUNCIL -2- FEBRUARY 22, 2022
CLOSED SESSION – Continued
4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY
ATTORNEY. This closed session is authorized pursuant to Government Code section 54957.
Direction provided to Administrative Services Director
4:33 P.M. ADJOURNED TO CLOSED SESSION
MAYOR THORPE ARRIVED AT 4:43 P.M.
6:00 P.M. ROLL CALL – SPECIAL MEETING/STUDY SESSION – for Council Members – All Present
PLEDGE OF ALLEGIANCE
SPECIAL MEETING/STUDY SESSION
SM-1. REDISTRICTING: RECEIPT OF PUBLIC INPUT AND SELECTION OF FINAL MAP Received public comment and direction provided to staff to schedule an additional Study Session on March 8, 2022
Recommended Action: It is recommended that the City Council receive public comment and select the final redistricting map redefining the boundaries of all City Council electoral districts of the City.
7:01 P.M. ADJOURNED SPECIAL MEETING/STUDY SESSION
7:02 P.M. ROLL CALL – REGULAR MEETING – for Council Members – All Present
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. PROCLAMATIONS
• California State Parent Teacher Association Day Local District 32nd PTA, February 17, 2022
• The National Association of Women in Construction (NAWIC) “Women in Construction Week”, March 6 – 12, 2022
• American Red Cross Month, March 2022
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamations.
COUNCIL MEMBER OGORCHOCK REQUESTED A MOTION TO SUSPEND THE RULES AND MOVE COUNCIL REGULAR AGENDA ITEM # 10 TO BE HEARD BEFORE ITEM #9; APPROVED 5/0
ANTIOCH CITY COUNCIL -3- FEBRUARY 22, 2022
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
2. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 25, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 4, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 8, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
D. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF TREASURER’S REPORT FOR DECEMBER 2021
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the December 2021 Treasurer’s Report.
F. REJECTION OF CLAIMS: BREANNA BUTSON ; ANNE HANCOCK; RYAN KATZ ; AND
BRIAN LIM
Rejected, 5/0
Recommended Action: It is recommended that the City Council reject the claims submitted by Breanna Butson; Anne Hancock; Ryan Katz; and Brian Lim.
ANTIOCH CITY COUNCIL -4- FEBRUARY 22, 2022
CONSENT CALENDAR – Continued
G. SECOND READING – ORDINANCE AMENDMENT TO TITLE 4: PUBLIC SAFETY, CHAPTER 2: DISASTER COUNCIL OF THE ANTIOCH MUNICIPAL CODE REGARDING COMPLIANCE WITH THE CALIFORNIA EMERGENCY SERVICES ACT (Introduced on 02/08/2022)
Ord No. 2205-C-S adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the Ordinance amending Title 4: Public Safety, Chapter 2: Disaster Council of the Antioch Municipal Code regarding compliance with the California Emergency Services Act.
H. RESOLUTION APPROVING A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC. TO PROVIDE SUPPORT TO THE BUILDING
INSPECTION SERVICES DIVISION OF THE COMMUNITY DEVELOPMENT
DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
AGREEMENT
Reso No. 2022/27 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving an amended agreement with 4 Leaf, Inc., to provide contract services at the Community Development Technician and Building Inspection Services Manager level f or the remainder of Fiscal Year 2021/22 in the increased amount of $200,000 for an amount not to exceed $400,000.00, and
2) Authorizing the City Manager to execute the Amended
Agreement.
I. USE AGREEMENT WITH CONGRESSMAN MCNERNEY’S OFFICE FOR OFFICE SPACE
AT THE ANTIOCH COMMUNITY CENTER
Reso No. 2022/28 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution authorizing the City Manager to:
1) Terminate the existing lease agreement between the City and Congressman McNerney’s office for the lease of rooms 106 - 113, 123 -124, and 129 at the Antioch Community Center in accordance with the early termination provisions of the lease; and
2) Enter into a new lease agreement with Congressman Jerry McNerney’s office for of fice space at the Antioch Community Center Rooms 125, 126, and 127 for the term of March 1, 2022 to January 2, 2023 at a rate of $200 per month for a total of $2,000.
ANTIOCH CITY COUNCIL -5- FEBRUARY 22, 2022
CONSENT CALENDAR – Continued
J. AUTHORIZATION TO RESPONSE TO GRAND JURY REPORT NO. 2106 “911 MENTAL HEALTH CRISIS RESPONSE: A NEW WAY TO PROTECT AND TO SERVE” Reso No. 2022/29 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution to approve the response to the Grand Jury Report No. 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve” and authorize the Mayor to sign it.
K. APPROVAL OF PURCHASE OF SEVEN (7) NEW -TO-FLEET CODE ENFORCEMENT
VEHICLES UTILIZING STATE OF CALIFORNIA COOPERATIVE PURCHASING AGREEMENT CONTRACT NO. 1-18-23-23A WITH DOWNTOWN FORD SACRAMENTO,
CALIFORNIA
Reso No. 2022/30 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the purchase of seven (7) new -to-fleet Code Enforcement vehicles from Downtown Ford in Sacramento, CA in the amount not to exceed $218,699.27; and
2) Authorizing the City Manager to execute the purchase of seven (7) Code Enforcement vehicles utilizing State of California Cooperative Purchasing Agreement Contract No. 1-18-23-23A with Downtown Ford of Sacramento, CA.
L. RESOLUTION ACCEPTING COMPLETED IMPROVEMENTS AND RELEASE OF BONDS FOR NELSON RANCH PHASE 1, TRACT 6893, OFF -TRACT WILD HORSE ROAD IMPROVEMENTS (P.W. 547-1)
Reso No. 2022/31 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting completed improvements and release of bonds for Nelson Ranch Phase 1, Tract 6893, Off -Tract Wild Horse Road Improvements (P.W. 547-1).
ANTIOCH CITY COUNCIL -6- FEBRUARY 22, 2022
PUBLIC HEARING
3. TRANSITIONAL HOUSING ZONING OVERLAY DISTRICT ORDINANCE AMENDMENT
AND ZONING MAP AMENDMENT
To March 8, 2022 for Adoption, 3/2 (Barbanica, Ogorchock) Recommended Action: It is recommended that the City Council introduce, waive the first reading, and read by title only, the ordinance amending Title 9:
Chapter 5 of the Antioch Municipal Code (Zoning Ordinance) to:
1) Create a Transitional Housing Overlay District; and
2) Amend the zoning of the parcel s at 515 E. 18 th Street (APN 065-143-018, 19) to include the Transitional Housing Zoning Overlay District.
4. NATURAL SUPPLEMENTS CANNABIS FACILITY (UP-20-01, AR-20-01)
Recommended Action: It is recommended that the City Council take the following actions:
Reso No. 2022/32 adopted, 4/1 (Ogorchock)
1) Adopt the resolution approving the Natural Supplements Initial Study/Mitigated Negative Declaration (IS/MND) and adopting the Mitigation Monitoring and Reporting Program (MMRP); and
Reso No. 2022/33 adopted, 4/1 (Ogorchock)
2) Adopt the resolution approving a Use Permit , and Design Review (UP-20-01, AR -20-01) for a cannabis operations
facility, subject to conditions of approval.
5. PROPOSED ORDINANCE AMENDING SECTION 9 -5.3843 E OF THE ANTIOCH
MUNICIPAL CODE TO MODIFY THE DISTANCE BETWEEN NEW TOBACCO
BUSINESSES AND SPECIFIED USES AND TO CLARIFY THE LIMIT ON NEW TOBACCO
RETAILERS
To March 8, 2022 for Adoption, 5/0
Recommended Action: It is recommended that the City Council introduce, waive the first reading, and read by title only , the proposed amendment to the City’s Municipal Code. The proposed amendment would:
1) Require new tobacco businesses to be at least 1,000 feet from schools and similar uses.
2) Clarify the City’s existing ban on new tobacco retailers.
ANTIOCH CITY COUNCIL -7- FEBRUARY 22, 2022
PUBLIC HEARING – Continued
6. PROPOSED ORDINANCE AMENDING SECTION 6-8.02 OF THE ANTIOCH MUNICIPAL
CODE TO ADD THE DEFINITIONS OF CHARACTERIZING FLAVOR, CIGAR, AND LITTLE CIGAR (INCLUDING CIGARILLO) AND AMENDING SECTION 6 -8.14 BOTH TO
RESTRICT TOBACCO RETAILERS OR BUSINESSES FROM SELLING OR PROVIDING
TOBACCO WITH CHARACTERIZING FLAVOR, SELLING OR PROVIDING ELECTRONIC
CIGARETTES OR E -CIGARETTES, AND TO REGU LATE THE SIZE AND PRICE OF
SPECIFIED PACKAGES OF CIGARETTES, LITTLE CIGARS, AND CIGARS To March 8, 2022 for Adoption, 3/2 (Torres-Walker, Barbanica) Recommended Action: It is recommended that the City Council introduce, waive the first reading, and read by title only , the proposed amendment to the Antioch Municipal Code. The proposed amendment would:
1) Add the definition of “characterizing flavor”.
2) Prohibit the sale of tobacco or tobacco products with characterizing flavor.
3) Prohibit a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any electronic cigarette or e -cigarette for use with tobacco or tobacco products.
4) Add the definitions of “cigars” and “little cigars,” with the latter including cigarillos.
5) Prohibit a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offering in exchange for any form of consideration, or providing at no cost:
a. Any package of fewer than twenty little cigars.
b. Any package of fewer than six cigars.
c. Any package of cigarettes, little cigars or cigars at a price that is less than ten dollars per package, including applicable fees and taxes.
ANTIOCH CITY COUNCIL -8- FEBRUARY 22, 2022
COUNCIL REGULAR AGENDA
7. UNHOUSED RESIDENT SERVICES – OVERVIEW OF STATE OF CALIFORNIA
HOMEKEY FINANCING
Direction provided to staff to look at all options including the Executive Inn and the Delta Fair Property
Recommended Action: It is recommended that the City Council discuss and provide staff direction regarding the potential pursuit of Homekey financing opportunities.
9:29 P.M. ADJOURNED TO BREAK
9:40 P.M. RECONVENED WITH ALL COUNCIL PRESENT
8. DISCUSSION ABOUT RECREATION VEHICLE STORAGE ON RESIDENTIAL
PROPERTIES
Direction provided to staff to bring back an audit of permits Recommended Action: It is recommended that the City Council provide direction regarding the storage of Recreational Vehicles on residential properties.
COUNCIL MEMBER OGORCHOCK HAD REQUESTED A MOTION TO SUSPEND THE RULES AND MOVE COUNCIL REGULAR AGENDA ITEM # 10 TO BE HEARD PRIOR TO ITEM #9; APPROVED 5/0
10. DISCUSSION ITEM: POTENTIAL FORMATION OF A COMMUNITY RESOURCES AD
HOC COMMITTEE
Direction provided to staff to bring back a resolution for adoption to form the “Public Safety and Community Resources” Ad Hoc Committee Recommended Action: It is recommended that the City Council take the following actions:
1) Discuss and determine if the City Council seeks to form a Community Resources Ad Hoc Committee to assist in the
formation of the City’s new department;
2) If so, determine the scope of activities for Community Resources Ad Hoc Committee; and
3) Provide direct ion to staff to draft a resolution to form the Community Resources Ad Hoc Committee.
ANTIOCH CITY COUNCIL -9- FEBRUARY 22, 2022
COUNCIL REGULAR AGENDA – Continued
9. RESOLUTION APPROVING A NEW CLASS SPECIFICATION FOR COMMUNITY
RESOURCES & PUBLIC SAFETY DIRECTOR, ASSIGNING A SALARY RANGE, AND
ASSIGNING THE CLASSIFICATION TO THE MANAGEMENT (EXECUTIVE)
BARGAINING UNIT
Reso No. 2022/34 adopted, modifying the job title to
“Public Safety and Community Resources Director”,
4/1 (Ogorchock)
Recommended Action: It is recommended that the City Council adopt a resolution approving the New Class Specification for Community Resources & Public Safety Director, assigning a salary range, and assigning the classification to the Management (Executive) Bargaining Unit.
PUBLIC COMMENT
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and City Manager – no longer than 6 months.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second of the motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn meeting at 11:05 p.m., 5/0
SM-1
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Redistricting: Receipt of Public Input and Selection of Final Map
RECOMMENDED ACTION
It is recommended that the City Council receive public comment and select the f inal redistricting map redefining the boundaries of all City Council electoral districts of the City.
FISCAL IMPACT
None.
DISCUSSION
The City adopted its current district boundaries based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.
Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Be geographically contiguous
3. Undivided neighborhoods and “communities of interest” (socio- economic geographic areas that should be kept together)
4. Display easily identifiable boundaries
5. Be compact (do not bypass one group of people to get to a more distant group of people)
6. Shall not favor or discriminate against a political party At its January 11, 2022 public hearing, the Council directed the inclusion of both Map “B” and Map “91”, which were presented at the January 25, 2022 and February 8, 2022 Public Hearings as Maps “B” and “91” respectively. On February 22 , 2022, the Council has scheduled a Special Meeting to consider and designate a Final Redistricting Map for presentation and final selection by adoption of Resolution at its March 8, 2022 Regular Antioch City Council Report
February 22, 2022 Agenda Item #SM-1 2
City Council meeting.
The Final Redistricting Map will comply with the federal requirements of equal population and the Voting Rights Act, and the California Fair Maps Act, in the following manner:
(1) The districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and minimal intrusions from the area of one district into another;
(2) To the extent practicable, the Final Redistricting Map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitute communities of interest in the public eye. (3) The districts are easily identifiable and understandable by residents. The districts in the Final Redistricting Map form a relatively simple pattern. (4) To the extent practicable, the districts are geographically compact. Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.
(5) The districts are balanced in terms of total population and voting age population.
The districts are well within the one- person/one-vote deviations permitted under federal and state voting rights laws.
(6) The districts conform to concentration of minority voters. The Final Redistricting Map creates one majority/minority Black voting district.
Before adopting a Final Redistricting Map of district boundaries, at least four hearings must be held for the public to provide input about the composition of City Council districts. These hearing requirements include at least: (1) one hearing before any maps are drawn, (2) two hearings after maps are drawn, and (3) one hearing or workshop to be held on a Saturday, Sunday, or after 6 p.m. on a weekday. The City Council redistricting public hearing dates include the following: Tuesday, October 12, 2021, Saturday, October 16, 2021, Tuesday, November 9, 2021, Tuesday, December 14, 2021, Tuesday, January 11, 2022, Tuesday, January 25, 2022 and Tuesday, February 8, 2022, and February 22, 2022.
ATTACHMENTS
A. Draft Map A
B. Fi nalist Draft Map B
C. Finalist Draft Map 91
D. Finalist Draft Map Demographics
E. Public Map Submission #02082022512
F. Public Map Submission #02082022516
G. Public Map Submission #02142022521
H. Draft Map 58
Antioch City Council Report
February 22, 2022 Agenda Item #SM-1 3
I. Draft Map 87
J. Public Map Submission #01102022503
K. Public Map Submission #12142021491
L. Public Map Submission #12172021495
M. Public Map Submission#12202021499
N. Finalist Draft Map Demographics 01-26-22
City of Antioch Redistricting:
Draft Map A
November 2, 2021
Current Antioch City Council boundaries are shown in black on this map. Proposed boundaries are shown inbrown and filled in with color.
Draft Map A only modifies the boundary between District 3 and 4.
ATTACHMENT A
Draft Map A: District 1
Draft Map A: District 2
Draft Map A: District 3
Draft Map A: District 4
City of Antioch Redistricting:
Finalist Draft Map B
January 26, 2022
ATTACHMENT B
City of Antioch Redistricting:
Finalist Draft Map 91
January 26, 2022
Draft Map 91 is based on Public Submission #12142021491.
ATTACHMENT C
City of Antioch Redistricting:
Finalist Draft Map Demographics
January 26, 2022
Draft Map B
District Population CVAP %
Deviation
% Latino
CVAP
% Black
CVAP
% Asian
CVAP
% Indigenous
CVAP
% NH White
CVAP
1B 28622 15694 -0.94% 26.42% 23.94% 5.96% 1.88% 40.59%
2B 28749 18752 -0.51% 26.53% 19.74% 7.96% 1.10% 42.32%
3B 29080 19268 0.64% 23.97% 20.15% 19.53% 0.28% 33.65%
4B 29129 20126 0.81% 24.88% 27.71% 16.48% 0.31% 26.25%
Draft Map 91
District Population CVAP %
Deviation
% Latino
CVAP
% Black
CVAP
% Asian
CVAP
% Indigenous
CVAP
% NH White
CVAP
1 28622 15694 -0.94% 26.42% 23.94% 5.96% 1.88% 40.59%
2 28900 18773 0.02% 27.60% 19.33% 9.67% 0.94% 39.53%
3 29119 20364 0.78% 23.84% 21.78% 13.38% 0.61% 38.40%
4 28939 19009 0.15% 24.01% 26.81% 21.21% 0.11% 23.47%
CVAP = Citizen Voting Age Population
Racial and ethnic characteristics of the Citizens Voting Age Population (CVAP) are tabulated according to Department of Justice standards.
ATTACHMENT D
Antioch Redistricting 2021-2022
February 14, 2022
Public Map Submission #02082022512
User Comments: “Hopefully, this map will make everyone happy! It uses common sense boundary lines between districts. It uses Lone Tree Way as the boundary between Districts 2 and 3, and Districts 2 and 4. It uses the Delta DeAnza Trail/Contra Costa Canal between Lone Tree Way and Deer Valley Road as a boundary between Districts 3 and 4. It combines the Mira Vista Hills and all neighborhoods on both sides of James Donlon Blvd in District 2. It uses Deer Valley Road then Country Hills Drive between Deer Valley Road and Hillcrest Avenue, then Hillcrest Ave and Lone Tree Way as the boundary between Districts 3 and 4. The greatest population deviation between districts is 1.43% (between Districts 1 and 4). It's clear to each resident in which district they live, and it doesn't gerrymander to protect incumbents.”
ATTACHMENT E
Antioch Redistricting 2021-2022
February 14, 2022
Public Map Submission #02082022516
User Comments: “This map keeps all neighborhoods together while using common sense boundary lines. The boundary line between Districts 2 and 3 is Lone Tree Way. The boundary between Districts 2 and 4 is Lone Tree Way and Golf Course Road. The boundary between Districts 3 and 4 is Davison Drive, Deer valley Road and Lone Tree Way. The greatest population deviation between districts is 2.15% (Districts 1 and 3).”
ATTACHMENT F
Antioch Redistricting 2021-2022
February 14, 2022
Public Map Submission #02142022521
User Comments: “As no consensus could be reached and Map A is really no better than B, I tried to take the elements of both B & 91 that people seemed to like and combine for a new map.”
ATTACHMENT G
Antioch Redistricting 2021
December 13, 2021
Draft Map 58
Draft Map 58 is based on Public Map Submission #11212021458.
ATTACHMENT H
Antioch Redistricting 2021
December 17, 2021
Draft Map 87
Draft Map 87 is based on Public Map Submission #12142021487.
ATTACHMENT I
Antioch Redistricting 2021-2022
January 11, 2022
Public Map Submission #01102022503
User Comments: None.
As drawn, this map currently does not have all census blocks assigned (see District 2).
ATTACHMENT J
Antioch Redistricting 2021-2022
December 17, 2021
Public Map Submission #12142021491
User Comments: None.
As drawn, this map currently does not have all census blocks assigned (see District 2).
ATTACHMENT K
Antioch Redistricting 2021-2022
January 3, 2022
Public Map Submission #12172021495
User Comments: “It results in three council members representing the waterfront instead of just one. It also serves to more unify the city between older parts and newer parts instead of dividing it like the current districts do with just one district north of Highway 4. It also combines the Mira Vista Hills area south of James Donlon Blvd. with the older areas north of James Donlon Blvd. and the newer area west of Somersville Road which is more of a Community of Interest.” As drawn, this map currently does not have all census blocks assigned (see District 2).
ATTACHMENT L
Antioch Redistricting 2021-2022
January 3, 2022
Public Map Submission #12202021499
User Comments: “This map gives each council member a portion of both sides of Highway 4 and a share of the waterfront using major city streets as boundary lines.” As drawn, this map currently does not have all census blocks assigned (see District 1).
ATTACHMENT M
City of Antioch Redistricting:
Finalist Draft Map Demographics
January 26, 2022
Draft Map B
District Population CVAP %
Deviation
% Latino
CVAP
% Black
CVAP
% Asian
CVAP
% Indigenous
CVAP
% NH White
CVAP
1B 28622 15694 -0.94% 26.42% 23.94% 5.96% 1.88% 40.59%
2B 28749 18752 -0.51% 26.53% 19.74% 7.96% 1.10% 42.32%
3B 29080 19268 0.64% 23.97% 20.15% 19.53% 0.28% 33.65%
4B 29129 20126 0.81% 24.88% 27.71% 16.48% 0.31% 26.25%
Draft Map 91
District Population CVAP %
Deviation
% Latino
CVAP
% Black
CVAP
% Asian
CVAP
% Indigenous
CVAP
% NH White
CVAP
1 28622 15694 -0.94% 26.42% 23.94% 5.96% 1.88% 40.59%
2 28900 18773 0.02% 27.60% 19.33% 9.67% 0.94% 39.53%
3 29119 20364 0.78% 23.84% 21.78% 13.38% 0.61% 38.40%
4 28939 19009 0.15% 24.01% 26.81% 21.21% 0.11% 23.47%
CVAP = Citizen Voting Age Population
Racial and ethnic characteristics of the Citizens Voting Age Population (CVAP) are tabulated according to Department of Justice standards.
ATTACHMENT N
IN HONOR OF
CALIFORNIA STATE PARENT TEACHER ASSOCIATION DAY
LOCAL DISTRICT 32ND PTA
FEBRUARY 17, 2022
WHEREAS, the Thirty-Second (32nd) District Parent Teacher Association (PTA) includes 125 units and 6 councils in Contra Costa County, including the City of Antioch;
WHEREAS, the 32nd District PTA, including its local unit and council, connects families, schools, and communities, is part of the foundation of the public education system and a trusted messenger to millions of members, parents, families, educators, and allied agencies throughout the State;
WHEREAS, the PTA has been instrumental in establishing programs and services to improve school nutrition programs, child labor laws, public health services, the juvenile justice system, the creation of kindergarten, the advancement of family engagement, and the growth of arts in education;
WHEREAS, the -led child-advocacy association working to drive improvements in the education, health, and well-being of all children and families;
WHEREAS, the founders of the PTA, Phoebe Apperson Hearst, Alice McLellan Birney, and Selena Sloan Butler, were women of imagination and courage who understood the power of individual action, worked beyond the accepted barriers of their day, and acted to literally change the world;
WHEREAS, founded as the National Congress of Mothers, the PTA celebrates the 125th Anniversary of its founding on February 17, 2022; and
WHEREAS, today, California has local PTAs throughout the state and its members represent the ethnic diversity of the nation and come from the ranks of all families who, together, continue to serve as the conscience of the country for children and youth.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby honor and congratulate the Parent Teacher Association on its 125th Anniversary and encourage all Antioch residents to celebrate this commemorative event.
FEBRUARY 22, 2022
_________________________________
LAMAR A. THORPE, Mayor
1.01 02-22-22
IN HONOR OF
THE NATIONAL ASSOCIATION OF WOMEN IN CONSTRUCTION
(NAWIC)
WOMEN IN CONSTRUCTION WEEK
MARCH 6-12, 2022
WHEREAS, the City of Antioch has distinguished itself for years as the voice of women in construction in our community;
WHEREAS, the work performed by the NAWIC Sacramento Chapter #63 has benefited the City of Antioch and the greater Bay Area region through community development and educational programs;
WHEREAS, the NAWIC Sacramento Chapter #63 has unceasingly promoted the employment and advancement of women in the construction industry;
WHEREAS, the construction community, represented by NAWIC Sacramento Chapter #63, has been a driving force in fostering community development through renovation and beautification projects, promotion of skilled trades careers, and a positive vision of the future; and
WHEREAS, the NAWIC Sacramento Chapter #63 has sought to achieve successful results for the City of Antioch and surrounding areas in a cooperative spirit with other organizations.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do proudly proclaim the week of March 6-12, 2022,
and encourage our citizens to congratulate the
organization on its many accomplishments.
FEBRUARY 22, 2022
_________________________________
LAMAR A. THORPE, Mayor 1.02
02-22-22
AMERICAN RED CROSS MONTH
MARCH 2022
WHEREAS, in times of crisis, people in the City of Antioch come together to care for one another and this humanitarian spirit is part of the foundation of our community, exemplified by American Red Cross volunteers and donors;
WHEREAS, March is American Red Cross Month, a special time to honor the kindness of our volunteers and neighbors who aid families in need every day as they carry out the -year mission of preventing and alleviating suffering;
WHEREAS, despite the ongoing challenges presented by the COVID-19 pandemic, people have stepped up to help others in need w -breaking wildfires, horrific tornadoes, extreme winter storm cold waves, or summer heat waves, volunteers continued to roll up their sleeves to give blood when our country faced a severe blood shortage;
WHEREAS, last year in Contra Costa County, 518 families affected by 130 devastating home fires relied on the American Red Cross and our partners for comfort and hope, providing emotional support, addressing immediate needs and helping families recover with emergency financial assistance and community resources, making 108 households safer by helping residents create a fire evacuation plan through its Sound the Alarm program;
WHEREAS, Contra Costa County residents donated 17,277 units of lifesaving blood, hosted 788 blood drives, and provided 8,486 local community members with classes to learn skills like first aid and CPR that save lives; 910 military members and their families also received support and services; and humanitarian aid was provided internationally;
WHEREAS, Red Cross volunteers deployed 552 times, dedicating 61,930 volunteers hours to assist neighbors in California and around the country during 41 different disaster relief operations of all sizes, including wildfires in Oregon and California and Hurricane Ida;
WHEREAS, the work of the American Red Cross to prevent and alleviate human suffering, is ; and
WHEREAS, we dedicate the month of March to all those who continue to advance the noble legacy of
of anything except the need, and how to meet it and we ask others to join in this commitment to give back in our community.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, by virtue of the authority vested in me by the laws of Antioch and California, do hereby proclaim March 2022 as American Red Cross Month and I encourage all Americans to reach out and support its humanitarian mission.
FEBRUARY 22, 2022
_________________________________
LAMAR A. THORPE, Mayor
1.03 02-22-22
- -
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of , 20
Honorable Mayor and Members of the City Council
SUBMITTED BY:Christina Garcia, CMC, Deputy City Clerk
APPROVED BY:
SUBJECT: C ouncil Meeting Minutes of , 20
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of .
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Nickie Mastay, Administrative Services Director
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of , 20
Honorable Mayor and Members of the City Council
SUBMITTED BY:Christina Garcia, CMC, Deputy City Clerk
APPROVED BY:Nickie Mastay, Administrative Services Director SUBJECT: City Council Special Meeting Minutes of 20
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting Minutes .
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
- -
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of , 20
Honorable Mayor and Members of the City Council
SUBMITTED BY:Christina Garcia, CMC, Deputy City Clerk
APPROVED BY:
SUBJECT: C ouncil Meeting Minutes of , 20
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of .
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Nickie Mastay, Administrative Services Director
2D________
F
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: REJECTION OF CLAIMS: BREANNA BUTSON, ANNE
HANCOCK, RYAN KATZ, BRIAN LIM
RECOMMENDED ACTION
It is recommended that the City Council reject the claims submitted by Breanna Butson, Anne Hancock, Ryan Katz and Brian Lim.
Should the City Council desire to discuss these matters, it would be scheduled for a future closed session.
ATTACHMENTS
None.
Antioch City Council Report
February 22, 2022 Agenda Item #H 2
As the City continues to recruit for its vacancies, the Building Inspection Services Division must maintain the ability to provide building inspection services. Construction activity is very high in the City of Antioch and the demand for inspection services has risen significantly in the past two years.
The proposed extension will extend the contract to the end of Fiscal Year 2021/2022 and will add $200,000 to the contract. The use of contract staff will be reduced as the budgeted positions are filled.
ATTACHMENT
A. Resolution
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING
THE THIRD AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC. TO PROVIDE BUILDING INSPECTION AND TECHNICIAN STAFFING
FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO THE AGREEMENT
WHEREAS, the Community Development Department has current vacancies in the Community Development Technician, Building Inspector, and Building Inspection Services Manager classifications;
WHEREAS, the Building Inspection Services Division continues to experience extremely high demands for building permits which require significant numbers of inspections;
WHEREAS, the Building Inspection and supportive technician positions are essential to the operation of the Community Development Department; WHEREAS,4Leaf, Inc. has been providing a contract Permit Technician to provide the services of a Community Development Technician and two Building Inspectors under an existing Professional Services Agreement that have each acquired unique and specific skills related to the operation of the City of Antioch Building Inspection Services Division; and
WHEREAS, continued contract support for the Building Inspection Services Division is now requested to sustain business operations and reduce the potential for City business interruptions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves a third amendment to the agreement with 4Leaf, Inc., in substantially the form attached as Exhibit 1, to provide continued contract services at the Community Development Technician, Building Inspector, and Building Inspection Services Manager levels for the remainder of fiscal year 2021/2022 in an amount of $200,000.00 for an amount not to exceed $400,000, and
2. Authorizes the City Manager to execute the Third Amendment to the Agreement in a form approved by the City Attorney.
* * * * * * *
ATTACHMENT A
A1
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 22nd day of February, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: ___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
EXHIBIT A
SCOPE OF SERVICES
Scope of Services: April 20, 2021
City of Antioch and 4LEAF, Inc. Exhibit A
Consultant has 3 key tasks:
1. Provide On-Call personnel to the Public Works and/or Building Department including construction inspectors, building inspectors, building officials, fire inspectors/plans examiners, permit technicians, on-site plans examiners/engineers, civil engineers, code enforcement personnel, and other positions as listed in Exhibit B on an as- needed basis.
2. Provide Building, Fire, and/or Civil Plan Review as-needed.
3. Provide Building Inspection Management Services.
Services
1. Provide On-Call Building, Planning, & Public Works Support Staff (As-needed) 4LEAF will provide Building, Planning, and Public Works Department support staff to include construction inspectors, building inspectors, permit technicians, on-site plans examiners/engineers, code enforcement personnel, etc. on an on-call basis for the City of Antioch.
4LEAF will provide interim staff within one business day and full-time staff within two business days. 4LEAF will provide staff from their database of qualified personnel. For requests made with less than 24 hours notice, 4LEAF will make every effort possible to secure suitable candidates. These positions vary from full-time staff, idle staff (temporarily in-between assignments), and pre-qualified staff which include personnel who are available subject to client demand.
2. Plan Review Services
The Consultant shall review all plans and supporting documents submitted for projects for which a Building Permit is requested. If, after the initial review the documents are found to be in substantial compliance with the State Building Codes and local ordinances, the plans and documents shall be stamped as reviewed and acceptable for construction. If corrections are found to be needed a report shall be prepared by the Consultant specifying the needed corrections and transmitted to the applicant. When plans and supporting documents are deemed acceptable for permit issuance, the applicant shall deliver the Building Permit application and all supporting documents to the Consultant (or City Hall) for permit processing.
City shall collect direct from the applicant costs for plan review at time of submittal of plans and documents. Building permit fees shall be paid prior to issuance of the Building Permit. City shall mark/stamp permits PAID upon receipt of funds by applicant.
A3
EXHIBIT A
SCOPE OF SERVICES
Scope of Services: April 20, 2021
City of Antioch and 4LEAF, Inc. Exhibit A
Plan Reviews will be subject to the following turn-around times (Turn-Around Times may vary with the complexity and magnitude of the projects):
Residential
.Up to 10 Days
Multi-Family
...Up to 10 Days
Commercial
...Up to 10 Days
Industrial
.Up to 10 Days
Plan Review is generally performed at the Consultants corporate headquarters in Pleasanton, CA and an employed courier is available at all times for pick-up and delivery for plan review services. If for any reason site technical support is required, Consultant is capable of complying on an as- needed basis for all aspects of this support. Plans may be digitally uploaded into our free proprietary software EZ Plan Review or pick-up of hard plans are available. All plan review requests can be made by emailing [email protected].
All on-call requests should be made directly to 4LEAF management. 4LEAFs recruiting manager, will handle the placement of all 4LEAF staff. 4LEAFs designated managers are:
Raylee Glasser, Project Manager Mike Leontiades, Project Manager 2126 Rheem Drive 2126 Rheem Drive
Pleasanton, CA 94588 Pleasanton, CA 94588
(925) 462-5959 Office (925) 462-5959 Office
(925) 462-5958 Fax (925) 462-5958 Fax
(925) 708-4209 Cell (925) 681-8842 Cell
[email protected] [email protected]
3. Building Inspection Management Services
Assist the Community Development Department for activities related to ensuring compliance with building standards, including plan check, building inspection, technology, and service delivery. Duties may also include approving plans and specifications; coordinates assigned with activities with other divisions, departments, and outside agencies (including consultants). Participate in the development of goals, objectives, policies, and priorities for assigned programs including recommendation of policies and procedures. Evaluate and monitor efficiency and effectiveness of service delivery methods and provide recommendations for appropriate service and staffing levels. Provide assistance to the Community Development Director for a variety of organizational studies as assigned. These studies may include investigations and operational studies. Other duties include recommendation of modifications to building inspection (may include performing building inspections) and department programs, perform services including policies, technology infrastructure, & procedures (may include counter assistance).
A4
Fee Schedule
Fee Schedule April 20, 2021
City of Antioch and 4LEAF, Inc. Exhibit
20212022 FEE SCHEDULE & BASIS OF CHARGES
For the City of Antioch
NATURE OF SERVICES COST STRUCTURE
AsNeeded Building, Planning,
and Fire Services Plan Review
Plan Review Percentage Cost: 70%
*Fee includes initial review and two (2) rechecks.
Plan Review Hourly Cost: $110 NonStructural Review, $140 Structural Review CASp Review: $155/hour
Fee Structure for Building Personnel
Building Official.......................................................................................................$145/hour Senior Combination Building Inspector (Building Inspector III)..............................$120/hour Commercial Building Inspector (Building Inspector II) ..........................................$95/hour Residential Building Inspector (Building Inspector I)..............................................$85/hour Training Building Inspector.....................................................................................$75/hour Code Enforcement..................................................................................................$90/hour CASp Review/Inspection.........................................................................................$155/hour Plans Examiner (Structural) ....................................................................................$140/hour Plans Examiner (NonStructural) ............................................................................$110/hour Senior Permit Technician........................................................................................$75/hour Permit Technician ...................................................................................................$68/hour Clerk/Administrator................................................................................................$60/hour Public Works Inspector...........................................................................................$147/hour Building Inspection Services Manager....................................................................$160/hour Assistant Building Inspection Services Manager ....................................................$120/hour Project Inspector / Inspector of Record .................................................................$125/hour OSHPD/DSA Certified Inspector..............................................................................$135/hour Senior Planner ........................................................................................................$150/hour Associate Planner ...................................................................................................$120/hour OffSite Project Manager........................................................................................$160/hour PrincipalinCharge .................................................................................................$185/hour Hourly overtime charge per inspector....................................................................1.5 x hourly rate Mileage (for inspections performed within the City) .............................................IRS Rate + 20% Fee Structure for Fire Personnel
Project Manager .....................................................................................................$175/hour Fire Protection Engineer (FPE)................................................................................$155/hour Fire Plans Examiner ................................................................................................$110/hour Fire Inspector..........................................................................................................$105/hour Hazardous Materials Inspector...............................................................................$130/hour Fire Chief.................................................................................................................$175/hour Fire Marshal............................................................................................................$155/hour Fire Prevention Officer ...........................................................................................$130/hour A5
Fee Schedule
Fee Schedule April 20, 2021
City of Antioch and 4LEAF, Inc. Exhibit
Basis of Charges
Rates are inclusive oftoolsof thetradesuch as forms, telephones, and consumables.
All invoicing will be submitted monthly.
Staff Augmentation work (excluding plan review) is subject to 4hour minimum charges unless stated otherwise. Services billed in 4hour increments.
Most plan reviews will be done in 10 business days or less and 5 business days or less for re checks. This is not inclusive of holidays or the day of the pickup of plans.
Expedited reviews will be billed at 2x the hourly rates listed.
All plan review services will be subject to 2hour minimum fee. 4LEAF assumes that these rates reflect the 20212022 contract period. 3% escalation for 2023 and 2024 is negotiable per market conditions.
Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM)...... 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) .......... 1.125 x hourly rate - Overtime (over 8 hours MF or Saturdays) ....................... 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st8 hours Sun) ................. 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) .......................... 3 x hourly rate Overtime will only be billed with prior authorization of the designated City personnel.
All work with less than 8hoursrest between shifts will be charged the appropriate overtime rate.
Mileage, driven during the course of inspections will be charged at cost plus 20%.
Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
Client shall payattorneysfees, or other costs incurred in collecting delinquent amounts.
Client agrees that4LEAFsliability will be limited to the value of services provided.
A6
I
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
APPROVED BY: Cornelius Johnson, Interim City Manager
SUBJECT: Use Agreement with Congressman McNerney’s Office for Office Space at the Antioch Community Center
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing the City Manager to:
1. Terminate the existing lease agreement between the City and Congressman McNerney’s office for the lease of rooms 106-113, 123-124, and 129 at the Antioch Community Center in accordance with the early termination provisions of the lease; and
2. Enter into a new lease agreement with Congressman Jerry McNerney’s office for office space at the Antioch Community Center Rooms 125, 126, and 127 for the term of March 1, 2022 through January 2, 2023 at a rate of $200 per month for a total of $2,000.
FISCAL IMPACT
This action will result in a reduction of Recreation Fund revenue in the amount of $28,000 for the period of March 1, 2022 through January 2, 2023.
DISCUSSION
The Antioch City Council created a new City department as part of the FY 2021-2023 two-year budget. The Department of Community Resources & Public Safety requires office space to co-locate City staff. The office space currently occupied by Congressman McNerney was identified as an ideal location for this purpose. After discussions with the Congressman McNerney’s office, they have agreed to relocate to a smaller section of the Antioch Community Center, allowing them to continue operations without disruption. The new lease agreement will replace the agreement currently in place.
Antioch City Council Report
February 22, 2022 Agenda Item #I 2
ATTACHMENTS
A. Resolution
B. Draft Lease Agreement
C. Delineated Office Space Plans
ATTACHMENT A
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE CITY MANAGER TO TERMINATE THE EXISTING LEASE AND
ENTER INTO A NEW LEASE AGREEMENT WITH THE OFFICE OF UNITED STATES
CONGRESSMAN MCNERNEY FOR THE USE OF OFFICE SPACE AT THE
ANTIOCH COMMUNITY CENTER
WHEREAS, the City of Antioch entered into an agreement with the Office of United States Congressman Jerry McNerney for the use of office space at the Antioch Community Center in 2013 with a term extending until January 2, 2023; WHEREAS, the City of Antioch has created the Department of Community Resources & Public Safety, which needs additional office space; WHEREAS, the space currently leased by Congressman McNerney at the Antioch Community Center has been identified as an ideal location for the new Department of Community Resources & Public Safety;
WHEREAS, Congressman McNerney’s office has agreed to move from its existing space to a rooms 125, 126, and 127 (consisting of 474 square feet of office space) allowing both activities to operate; and
WHEREAS, the City and Congressman McNerney’s office seek to terminate their existing lease agreement and enter into a new lease agreement to achieve the desired changes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch authorizes the City Manager to:
1. Terminate the existing lease agreement between the City and Congressman McNerney’s office for the lease of rooms 106-113, 123- 124, and 129 at the Antioch Community Center 4703 Lone Tree Way Antioch, CA 94531 for $3,000 per month with a term ending on January 2, 2023, in accordance with the early termination provisions of the lease.
2. Enter into a lease agreement with Congressman Jerry McNerney’s office for office space at the Antioch Community Center Rooms 125, 126, and 127 (consisting of 474 square feet of office space) located at 4703 Lone Tree Way, Antioch CA 94531 for the term of March 1, 2022 to January 2, 2023 at a rate of $200 per month for a total of $2,000. The form of the lease shall be approved by the City Attorney.
* * * * * * * * *
RESOLUTION NO. 2022/**
February 22, 2022
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 22nd day of February, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Attachment B
x
x
x
x
x
x 20
x Power/Water/Sewer
x weekly
x *exterior
x
x x Brad Helfenberger
925-779-7078 [email protected]
J
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Cornelius H. Johnson, Interim City Manager CHJ SUBJECT: Authorization to Response to Grand Jury Report No. 2106 “911 Mental Health Crisis Response: A New Way To Protect and To Serve”
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution to approve the attached response to the Grand Jury report: 911 Mental Health Crisis Response: A new Way “To Protect and To Serve” (Attachment B, Exhibit 1) and authorize the Mayor to sign it.
FISCAL IMPACT
Responding to the Grand Jury report required the utilization of staff time. Fiscal impacts of implementing the recommendations in the report are not yet identified.
DISCUSSION
Early in California’s history, the California Constitution established grand juries in each county. The California Penal Code § 933(c) includes provisions on the formation of grand juries and the powers and duties of grand juries. With respect to public agencies, grand juries are authorized to “investigate and report upon the operations, accounts, and records of the officers, departments, functions and the method or systems of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” (Cal. Penal Code § 925a) Within 90 days after the grand jury submits a report regarding the operations of any public agency, the governing body of the public agency shall comment to the presiding judge of the superior court findings and recommendations pertaining to matters under the control the governing body.
In November 2021, the City of Antioch and other public agencies in the Contra Costa County received the attached Grand Jury report: 911 Mental Heal Crisis Response: A New Way “To Protect and To Serve.” The attached report was not just submitted to the Cit of Antioch but was distributed county-wide.
Antioch City Council Report
February 22, 2022 Agenda Item J 2
ATTACHMENTS
Civil Grand Jury Report - Mental Health Crisis Response City Response to Grand Jury Report (Exhibit 1)
ATTACHMENT A
RESOLUTION NO. 2022/##
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING THE MAYOR TO FORWARD A RESPONSE TO GRAND JURY REPORT NO. 2106- 911 MENTAL HEALTH CRISIS RESPONSE: A NEW WAY “TO PROTECT AND TO SERVE”
WHEREAS, the City of Antioch received a Grand Jury Report No. 2106 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”; WHEREAS, a written response to the Grand Jury is required under California Penal Code § 933.05 (b); and
WHEREAS, a written response to the Grand Jury has been drafted and reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the written response to the Grand Jury (Exhibit 1) and authorizes the Mayor to sign the written responses to the Grand Jury Report No. 2106 - Mental Health Crisis Response: A New Way “To Protect and To Serve”, which is attached to this Resolution as Exhibit 1.”
* * * * *
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch, at a regular meeting thereof, held on the 8thday of February 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
Antioch City Council Report
February 22, 2022 Agenda Item J 3
ABSENT:
____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
ATTACHMENT C
“Exhibit 1”
DRAFT
February 22, 2022
The Honorable Jill Fannin
Presiding Judge of Contra Costa County Superior Court
725 Court Street
PO Box 431
Martinez, CA 94553-0091
Re: City of Antioch Response to 2020-2021 Contra Costa Civil Grand Jury Report No. 2016: 911 Mental Health Crisis Response: “A New Way “To Protect and To Serve”
Dear Judge Fannin,
On behalf of the City of Antioch City Council, this letter is in response to Contra Costa Civil Grand Jury Report No. 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve.” The City Council authorized this response at its meeting on February 22, 2022.
Pursuant to California Penal Code § 933.05, the city will respond to the applicable findings and recommendations.
Findings
Finding # 1: Professional crisis team response to mental health calls can de-escalate a crisis and reduce deaths.
Response The City agrees with this finding.
Finding # 2: Law Enforcement response to mental health calls reduces resources needed for serious crimes.
Response The City agrees with this finding.
Finding # 3: Successful pilot program in other states have earned voter funding support for program expansion.
Response The City agrees with this finding.
Finding # 4: Community trust in mental health crisis response teams can only be developed over time.
Response The City agrees with this finding.
Finding # 5: Educating the community about mental health crisis response team is essential for their acceptance and use.
Response The City agrees with this finding.
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
Finding # 6: DHS efforts to educate the community about MCRT services have been ineffective and need improvement.
Response: The City agrees with this finding.
Finding # 7: Funding is required for all the phases of program development: start-up, pilot, and continuing operations.
Response: The City agrees with this finding.
Findings # 8: California funding grants, including AB-118, are available for pilot program creations and operations.
Response: The City agrees with this finding.
Finding # 9: The current MCRT program does not provide standardized responses within the Count due to limited hours of service and a single dispatch location.
Response: The City agrees with this finding.
Finding #10: The City of Antioch is a suitable community to serve as a pilot city for the MCRT expansion program.
Response The City agrees with this finding.
RECOMMENDATIONS
The Grand Jury recommends that:
R1. By June 30, 2022, the Board of Supervisors approve funding for the expansion of the existing DHS/MCRT program to include a pilot project.
Response
The recommendation has not been implemented: This recommendation requires additional action by the Board of Supervisors; approval is needed to fund the expansion of the existing DHS/MCRT program as a pilot program in the City of Antioch. The City of Antioch supports the indicated timeline.
R2. By June 30, 2022, the Board of Supervisors direct DHS to cooperate with the City of Antioch to develop a pilot project.
Response
The recommendation has not been implemented: The joint cooperation between the County DHS and the City of Antioch is essential to developing a pilot project in the City of Antioch. Once the Board of Supervisors officially directs DHS to cooperate with the City of Antioch, then the initial steps in implementing the pilot project in the City of Antioch will be initiated.
R3. By September 30, 2022, the Antioch City Council collaborate with DHS to establish a pilot project.
Response
The recommendation has not been implemented: The Antioch City Council recently approved the program design for the City’s own community crisis Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
response intervention model referred to as the Antioch Care Team (ACT).
Nevertheless, the City Council has expressed its willingness to collaborate with DHS to establishe a pilot project in the City of Antioch based on the stated timeline.
R4. By October 30, 2022, the city of Antioch applies for grants, including AB-118, to fund its participation in the pilot program.
Response
The recommendation has not been implemented: The City of Antioch is in the preliminary stages of establishing a newly formed Community Resources and Public Safety Department.
Once the Community Resources and Public Safety Department is officially created, the City of Antioch will be in a better position to apply for grants, including AB-118, to fund its participation in the pilot program. Thus, the City of Antioch agrees with stated Board Supervisors recommended timeline.
R5. By June 30, 2022, the Board of Supervisors direct DHS to establish a joint team including representatives from community partners for administration of the pilot project.
Response
The recommendation has not been implemented: Collaboration between the City of Antioch and the County DHS, along with representatives from community partners, for administration of the pilot program is essential to both the overall implementation and success of the pilot program. Adhering to the specified timeline is equally important to establishing a joint team. The City of Antioch shall await the Board of Supervisors’ direction to DHS.
R6. By September 30, 2022, DHS and the City of Antioch begin a comprehensive program to inform and educate the community members about the project and the specific resource[s] that will be available at the outset of the pilot project.
Response
The recommendation has not been implemented: Once the Board of Supervisors provides direction to DHS to initiate a joint team with the City of Antioch, the City plans to begin a comprehensive program to inform and educate the community members about the pilot project by clearly identifying the city resources that will be available under the auspices of the newly formed Community Resource and Public Safety Department.
R7. By December 31, 2022, the Antioch Police Department and its 911 dispatchers augment their training to include the new MCRT alternative response options available
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
Response.
The recommendation has not been implemented: Communication between Antioch Police Department 911 dispatchers is an important component of the pilot program. Further analysis is required to examine and explore the best options for the Antioch Police Department to augment their training to include the new ACT and MCRT alternative response options available.
R8. By September 30, 2022, DHS apply for all available state, county, and private grants (e.g., AB-118), as well as money available through Measure X, as a source of funding.
Response
The recommendation has not been implemented: The City of Antioch encourages DHS to apply for all available state, county, and private grants (e.g., AB-118), as well as money available through Measure X, as a source of additional funding for the pilot project.
R9. By December 31, 2022, DHS implement ongoing monitoring of the proposed CAHOOTS Act (S.4441) as an additional source of funding.
Response
The recommendation has not been implemented: The City of Antioch, in its quest to establish the ACT will implement ongoing monitoring of the proposed CAHOOTS Act (S.4441) as an additional source of funding.
R10. By September 30, 2022, if Antioch is not willing to be a pilot program city, DHS identify and approach an alternate city and work with it on the recommendations related to Antioch.
Response
The recommendation has not been implemented: The City of Antioch is open to participating as a County DHS pilot program city, but Antioch intends to continue the development of its own community crisis intervention team because the funding and effectiveness of the DHS pilot program for the residents of Antioch is uncertain.
On behalf of the City of Antioch, we are committed in working in partnership with Contra Costa Board of Supervisors in acknowledging of both the Civil Grand Jury findings and recommendations. We trust the Grand Jury will find these responses extremely helpful to its future endeavors.
Sincerely yours,
Lamar A. Thorpe
Mayor, City of Antioch
Contra Costa County 2020-2021 Civil Grand Jury Report 2106: 911 Mental Health Crisis Response: A New Way “To Protect and To Serve”
Cc: Samil Beret, Contra Costa County Civil Grand Jury Foreperson, 725 Court Street, Martinez, CA 94553
Thomas Lloyd Smith, City Attorney, City of Antioch
Antioch City Council Report
February 22, 2022 Agenda Item # 3
group residential, single-family dwelling). This classification includes domestic violence shelters. Transitional housing does not include community re-entry centers or half-way housing for federal or state inmates nearing release. It also excludes any facility licensed as a community care facility by the California State Department of Social Services (SDSS) or defined as such in this chapter.
Transitional Housing is a broad term covering a number of programs and purposes. The definition and regulation of Transitional Housing can be summarized as follows:
There must be a limited length of stay and it must be operated under a program requiring recirculation to another program location at some future point in time.
There can be no long-term residents and six months is the State standard.
Transitional Housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in Cal. Health and Safety Code § 50675.2(h).
o § 50675.2(h) “Transitional housing” and “transitional housing development” means buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.
Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently indoors in stable housing.
Transitional Housing may be provided in a variety of residential housing types (e.g. multiple-unit dwelling, single-room occupancy, group residential, single-family dwelling).
This classification includes domestic violence shelters.
Transitional housing does not include:
o community reentry center or half-way housing for Federal or State inmates nearing release,
o any facility licensed as a community care facility by the California State Department of Social Services (SDSS) or defined as such in this chapter.
The definition of Transitional Housing specifically excludes facilities licensed by the California State Department of Social Services (SDSS). These include in-house residential-style group housing types. Presently, the State of California requires cities to allow certain low-impact housing and childcare uses by-right within existing residential neighborhoods, subject to maximum occupancies that vary by program. Though these Antioch City Council Report
February 22, 2022 Agenda Item # 3
small programs may offer transitional housing-type services, they are not addressed by the proposed definition or regulations.
Presently, Transitional Housing is defined but is not regulated or permitted by the Antioch Municipal Code. In order to accommodate Transitional Housing, amendments to the Zoning Code are required.
Proposal
Staff recommends the creation of a new Transitional Housing (TH) Zoning Overlay District that would allow Transitional Housing with a Use Permit to be approved by the Planning Commission. This would provide distinct areas in the City of Antioch where one could apply for a Use Permit to establish a Transitional Housing land use. To achieve this, the following amendments to the Antioch Municipal Code (AMC) are required:
1. The Transitional Housing (TH) Overlay District must be established.
2. The Table of Land Use Regulations must be modified to include the new district and to identify where Transitional Housing is allowed.
3. A site or sites must be identified to receive the Transitional Housing (TH) Overlay District zoning and be eligible to develop transitional housing.
Specifically, staff recommends that the zoning of the property at 515 E. 18th Street (Executive Inn) be modified to include the TH Overlay District. This would enable the property owner to pursue a Use Permit for a Transitional Housing project at this site. The General Plan Land Use Designation of this site is Neighborhood Community Commercial, and the zoning is Convenience Commercial District (C-1). The C-1 Zoning allows similar uses, such as Residential Care Facility, Residential Hotel, and Room & Boarding House.
A variety of commercial uses are also permitted.
An Ordinance is provided that amends the Zoning Ordinance as described above to achieve the stated purposes and goals.
Antioch City Council Report
February 22, 2022 Agenda Item # 3
Environmental
The proposed action does not have the potential to have an impact on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) under the general rule that projects having no potential to impact are not subject to environmental review.
ATTACHMENT
A. Ordinance
1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING SECTIONS 9-5.3801 AND 9-5.3803 OF THE ANTIOCH MUNICIPAL
CODE REGARDING TRANSITIONAL HOUSING AND AMENDING THE ZONING
MAP TO APPLY THE TRANSITIONAL HOUSING OVERLAY TO THE PARCELS AT 515 E. 18THSTREET (APN 065-143-018, 019)
The City Council of the City of Antioch does ordain as follows:
SECTION 1:
Transitional Housing is defined by Section 9-5.203 and described as a land use providing temporary residence for homeless or recently homeless individuals or families transitioning to permanent housing.
SECTION 2:
The Table of Land Use Regulations contained in Section 9-5.3803 does not include Transitional Housing as an allowable land use in any of the existing zoning districts and it is in the public interest to provide suitable locations for the development and operation of Transitional Housing to address the needs of the City of Antioch’s unhoused population.
SECTION 3:
Section 9-5.3801 is modified as follows:
§ 9-5.3801 SUMMARY OF ZONING DISTRICTS.
The following is a summary of all zoning districts. (Note: The Study District (S) is not included in the proceeding chart as the ultimate land uses for such a district are not determined until all necessary studies are completed and the appropriate land use designations can be applied.)
RE Rural Estate District: 0-2 du/acre
RR Rural Residential District: 0-2 du/acre
R-4 Single-Family Low Density Residential District: 2-4 du/acre R-6 Single-Family Low Density Residential District: 4-6 du/acre R-10 Medium Density Residential District: 6-10 du/acre R-20 Medium Density Residential District: 11-20 du/acre R-25 High Density Residential District: 20-25 du/acre R-35 High Density Residential District: 30-35 du/acre PBC Planned Business Center District
C-0 Professional Office District
C-1 Convenience Commercial District
C-2 Neighborhood/Community Commercial District
C-3 Regional Commercial District
ATTACHMENT A
A1
2 SP Specific Plan
MCR Mixed Commercial/Residential District
WF Urban Waterfront District
OS Open Space/Public Use District
M-1 Light Industrial District
M-2 Heavy Industrial District
H Hospital/Medical Center Overlay District
PD Planned Development District
HPD Hillside Planned Development District
T Manufactured Housing Combining District
SH Senior Housing Overlay District
ES Emergency Shelter Overlay District
S Study District
MUMF Mixed Use Medical Facility District
P Exclusive Parking District
CB Cannabis Business Overlay District
TH Transitional Housing Overlay District
SECTION 4:
The Table of Land Use Regulations is modified as follows:
A2
3 A3
4 A4
5 A5
6 A6
7 A7
8 A8
9 A9
10 A10
11 SECTION 5:
The Zoning Map referenced in Antioch Municipal Code Section 9-5.3601 is amended to apply the Transitional Housing (TH) Zoning Overlay District to the parcel located at 515 E. 18thStreet (APN 065-143-018, 19).
SECTION 6: Severability.
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
SECTION 7. CEQA.
The above amendments to the City’s Municipal Code are not considered a project under the California Environmental Quality Act under the general exemption (CEQA Guidelines §15061(b)(3) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment. The proposed ordinance does not change the existing underlying zoning in the affected areas; rather, the proposed ordinance is an overlay on the existing underlying zoning, already approved and adopted by the City.
SECTION 8:
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch. * * * * * * * I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Antioch, held on the 22nd of February 2022, and passed and adopted at a regular meeting thereof, held on the ____ day of ______ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
A11
12 Lamar Thorpe, Mayor of the City of Antioch
ATTEST:
Elizabeth Householder
City Clerk of the City of Antioch
A12
Antioch City Council Report
February 22, 2022 Agenda Item # 4 2
2. Use Permit: The Applicant is requesting Use Permit approval of the proposed cannabis operations facility. The City Council must approve the resolution for the Use Permit.
3. Design Review: The Applicant is requesting Design Review Approval of the two proposed buildings, an 11,200 square foot building (Building A) and a 19,500 square foot building (Building B), landscaping, and a parking lot.
Environmental
In accordance with the requirements of the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (IS/MND) were prepared for the proposed project and determined that all significant environmental impacts could be mitigated to a less-than-significant level with incorporation of mitigation. A copy of the public review draft of the Initial Study/Mitigated Negative Declaration and Final IS/MND, Mitigation Monitoring and Reporting Program (MMRP) and appendices can be found at the following link:
antiochca.gov/EnvironmentalDocs
SITE
Antioch City Council Report
February 22, 2022 Agenda Item # 4 3
-in-Place orders, publicly accessible
.
The IS/MND identified potentially significant impacts to aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and noise. The IS/MND concluded that all impacts would be reduced to a less than significant level with the implementation of mitigation measures. A MMRP was prepared and is included in Attachment A, Exhibit A The draft Mitigated Negative Declaration was released for public review from May 7, 2021 to May 26, 2021.There were no comments received on the IS/MND during the public review period. According to CEQA Guidelines Section 15073, and 15074, the lead agency must consider the comments received during the public review period.
When the IS/MND was prepared for the proposed project, it was assumed that there were sewer services near the project site to which the project could connect. After the IS/MND was published, staff learned that the original assumption that there were sewer services in the area was inaccurate. The applicant had designed a septic system for the proposed project in the absence of sewer services near the site. After the June 16, 2021 Planning Commission meeting, Public Works/ Engineering staff worked with the applicant to reach an agreement on the installation of the sewer services. A septic system will not be used in lieu of the sewer service. Staff does not believe that the installation of the services would have changed the analysis in the IS/MND and result in any additional significant impacts that would need to be mitigated. Public Works staff has added recommended conditions of approval requiring the applicant to connect to sewer services.
Background
With the passage of Proposition 64 in November of 2016, California residents over the age of 21 can legally use marijuana without a medicinal card if not in a public place.
Californians can carry and use up to one ounce of marijuana and grow up to six plants for personal use. Recreational sales of marijuana did not go into effect until January 1, 2018. The possession, sale and distribution of cannabis is now legal under California State law, subject to provisions contained in the law, including a state licensing requirement.
On May 2, 2018, the Planning Commission recommended to the City Council approval of an Ordinance amending Title 9, Chapter 5 of the Antioch Municipal Code, thereby creating new provisions for the consideration of cannabis businesses in the City of Antioch. The City Council introduced the ordinance on May 22, 2018 and approved the ordinance on June 26, 2018. The ordinance went into effect on July 26, 2018. The Code Amendment established new definitions, imposed basic standards, and created a new Cannabis Business (CB) Zoning Overlay District. Within the CB Zoning Overlay District, a party may apply for a Use Permit from the City Council for the establishment of a Antioch City Council Report
February 22, 2022 Agenda Item # 4 4
Cannabis Business. Unlike the typical use permit process, a cannabis use permit must be reviewed by the City Council after a recommendation by the Planning Commission.
On September 11, 2018, the Antioch City Council adopted Cannabis Guidelines by approval of Resolution No. 2018/117. The purpose of the guidelines is to provide the the design and operation of a Cannabis Business.
On October 27, 2020, the Antioch City Council adopted Amendments to the Cannabis Business Ordinance by approval of Ordinance No. 2191-C-S. The purpose of the amendments was to provide a definition of Commercial Cannabis Use, replace the requirement for a development agreement with a requirement for an operating agreement, and specify the minimum conditions of an operating agreement.
At the Planning Commission meeting on June 16, 2021, the Planning Commission voted 6-0 to recommend to the City Council that the IS/MND, MMRP, Use Permit, and Design Review be approved. The applicant gave a presentation about the project, and no members of the public commented on the item. A copy of the draft Planning Commission meeting minutes has been included as Attachment F to the staff report.
Conditions of Approval # 44-54 in Section K were added by the Public Works Director/City Engineer after the Planning Commission meeting, which address the construction of the sewer line and improvements to Wilbur Avenue. The applicant has received these conditions of approval and has agreed to them.
ANALYSIS
Project Overview
The applicant proposes to operate a cannabis operations facility consisting of a Type 10 'Retail Storefront and Delivery', a Type 11 'Distributor', a Type 7 'Manufacturer' and a located at 2100-2300 Wilbur Avenue. The
cannabis operations would occur in two new buildings proposed as part of this project.
Building A would consist of an approximately 11,200-square-foot commercial use that would include rooms for cannabis sales, products, packaging, labeling, and storage.
Building A, in total would include approximately 2,558 square feet of retail space that is generally located in the northern portion of the building, approximately 2,776 square feet of distribution space, and 792 square feet of manufacturing space. The remainder of Building A is built out into various miscellaneous rooms that include cold storage rooms, mechanical rooms, breakrooms, and offices. Approximately, 20 employees will work within Building A, 10 for the retail operation, 5 for distribution, and 5 for manufacturing.
Customers will gain access to the retail store via a security check point where customers must present a valid form of identification. Once inside customers do not have access to Antioch City Council Report
February 22, 2022 Agenda Item # 4 5
the distribution or manufacturing areas of the building. Those areas have separate entrances and security entrances.
Building B would consist of an approximately 19,500-square-foot industrial use that would include 10 cannabis cultivation rooms that are approximately 1,250 square feet, 2 incubation rooms that are 525 square feet, and a 905 square foot processing room.
Similar to Building A, the remainder of Building B is comprised of various offices, mechanical, and storage rooms. The cultivation operation would occur entirely within the 10 rooms. Building B would have approximately 14 employees for the cultivation operation.
Additionally, 79 parking stalls are proposed to accommodate the proposed cannabis uses. The applicant states a total of 36 employees will work during the week on differing shifts. For example, the retail employees would work three (3) shifts:
Shift 1: Shall occur between the hours of 8am and 12pm
Shift 2: Shall occur between the hours of 12pm and 4pm
Shift 3: Shall occur between the hours of 4pm and 8pm
The proposed parking is adequate for the proposed cannabis uses proposed on site.
Project plans and a detailed description of the
report.
General Plan, Zoning, and Land Use
and is designated as Industrial. The zoning of the site is Planned Business Center (PBC), which allows office centers, research and development facilities, limited industrial activities (including production and assembly, but no raw materials processing or bulk handling), limited warehouse type retail and commercial activities, and small-scale warehousing distribution and also the Cannabis Overlay District (CB). Cannabis operation facilities are allowed in the Cannabis Overlay District subject to the approval of a use permit by the City Council.
The surrounding land uses and zoning designations are noted below:
North: Industrial Uses / Heavy Industrial (M-2) & Cannabis Overlay South: Industrial Uses / Planned Business Center (PBC) & Cannabis Overlay East: Industrial Uses / Planned Business Center (PBC) & Cannabis Overlay West: Industrial Uses / Planned Business Center (PBC) & Cannabis Overlay Antioch City Council Report
February 22, 2022 Agenda Item # 4 6
Site Plan
The site is approximately 3.96-acres in size and undeveloped and is primarily a dirt lot with trees and other foliage. The site is currently accessed via a driveway along Wilbur Avenue that gives access to an access road to the site. The site would be developed with four (4) access gates, one (1) employee entrance, one (1) public entrance, and two (2) fire access gates. The applicant proposes the cannabis operation facility with two buildings, 79 employee and customer parking spaces, and two new buildings (Building A 11,200-square-foot and Building B 19,500-square-foot). A new wrought iron fence will be installed along the north, east, and western boundaries and maintain a chain-link fence along the southern boundary in order to secure the area.
Building A would consist of commercial use that would include rooms for cannabis sales, products, packaging, labeling, and storage. Building A, in total would include approximately 2,558 square feet of retail space that includes a 125 square foot security check point, a 2,776 square feet of distribution space, and 792 square feet of manufacturing space. The applicant proposes an open concept retail sales area.
Following security clearance and verification of customer age and credentials, customers awaiting entry into the Sales Room, customers will be able to browse Natural Supplements selection of products.
Building B would include 10 cannabis cultivation rooms that are approximately 1,250 square feet, 2 incubation rooms that are 525 square feet, and a 905 square foot processing room. The primary activity in the operation of the cultivation operation would involve the cultivation of 'flowering cannabis plants within the cultivation area.
Site Security
As part of their application the applicant submitted a security plan for the site. The security plan addressed the following issues:
Physical elements of the site such as location of the building, outdoor lighting, and parking areas.
Electronic security such as motion sensors, controlled access areas, and surveillance cameras.
Compliance and procedures such as inventory management, cash handling, and employee training.
On site physical security services related to the number of physical security guards present at the site.
The security plan was reviewed by the Antioch Police Department. After the review was complete, the Police Department, Planning staff, and the applicant met to review the plan.
During the meeting, Police Department staff provided the applicant with feedback on their Antioch City Council Report
February 22, 2022 Agenda Item # 4 7
security plan, as well as additional site-specific security measures that they would like to see implemented. The proposed security measures are consistent with the security expectations detailed in the Cannabis Guidelines.
Staff has included a condition in the attached resolution requiring the Antioch Police Department to conduct a site inspection to assess the security of the site prior to a certificate of occupancy being issued for the site. Any changes that the Antioch Police Department deem necessary upon site inspection will be incorporated into a revised site security plan that will then be submitted for their review and approval. No certificate of occupancy will be issued without final approval of a site security plan by the Antioch Police Department. In addition to the security inspection prior to issuance of certificate of occupancy, the business is required to submit to annual security audits conducted by a third party or City staff.
Neighborhood Responsibility Plan
As part of the application, the applicant submitted a neighborhood responsibility plan detailing their efforts to mitigate any potential impacts that the business may cause (Attachment D). The plan details the steps they will take to establish a relationship in the community and good neighbor policies that will be established. JKC3H8 (Natural Supplements) is cognizant of the potential problems and nuisances that can arise from operating a cannabis operation, the plan outlines how they will mitigate those potential issues that may arise.
The applicant has also committed to engage with law enforcement to identify and provide any assistance in the City's effort to eliminate illegal cannabis operations in the City.
Natural Supplements intends and has committed to daily
inspections of the parking lot and exterior premises to ensure that it is free of litter, graffiti or debris.
Finally, according to the plan, JKC3H8 shall develop or contribute to a City approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis and identifies resources available to youth related to drugs and drug addiction.
Operational Issues
The applicant has submitted an odor mitigation plan that discusses the measures they will take to ensure that cannabis odors will not be detected at or beyond the site. Staff Church, & Flynn to ensure that the odor mitigation plan was adequate for the size and type of facility. Staff ha
odor mitigation plans and added them as recommended conditions of approval. Once building permits are submitted for the project, the plans will be reviewed for compliance with the recommended odor mitigation measures. Staff has also included a condition of Antioch City Council Report
February 22, 2022 Agenda Item # 4 8
approval requiring that adequate on-site odor control measures are maintained at all times and that cannabis odors cannot be readily detected outside the structures in which the business operates.
Staff has also included a condition of approval addressing site management and requiring objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the premises during business hours if directly related to patrons of the business. Staff has also included a condition of approval prohibiting the smoking or ingestion of cannabis products on-site.
Use Permit
The City of Antioch Municipal Code requires a Use Permit for cannabis uses such as retail and cultivation uses; therefore, the applicant is requesting a Use Permit approval of Natural Supplements Cannabis facility. Use Permits are required for land uses that may be suitable only in specific locations or require special consideration in their design, operation, or layout to ensure compatibility with surrounding uses.
The Cannabis Overlay District (CB) allows for a variety of cannabis uses and facilities to be established subject to approval. The proposed use complies with the underlying overlay zoning and goals in that it adds a retail, manufacturing, and distribution use within the district.
Design Review and Landscaping
Per Section 9-5.2607 of the Antioch Municipal Code (AMC), all new development within the City is subject to Design Review approval. The purpose of the Design Review process is to promote the orderly development of the City, encourage high quality site design and planning, protect the stability of land values and investments, and ensure consistency with the Citywide Design Guidelines.
The applicant proposes new buildings that are most similar to butler buildings. The new buildings are of metal construction, typical of those in industrial areas with textured wall panels, and siding. The buildings average a height of around 20 feet and is compatible in height to buildings in its vicinity. The color palette for the building is a mix of gray, white and burgundy for the various elevations. The pan
proposed in. In general, the project complies with the Citywide Design guidelines and staff is satisfied with the proposed design of the project.
The conceptual landscaping plan includes landscaping for the project frontage and the internal site. The applicant proposes to plant Crepe Myrtle trees and Carpet Roses bushes along the project frontage and within the interior planting areas. The landscaping Antioch City Council Report
February 22, 2022 Agenda Item # 4 9
is incorporated into the frontage to soften the building exteriors and assist with the transition and buffering between uses from the cannabis operations and the other neighboring industrial uses. The proposed landscaping also helps in defining the front and entrances of the property. The proposed landscaping complies with the objectives of the Citywide Design Guidelines.
ATTACHMENTS
A. Initial Study/ Mitigated Negative Declaration Resolution Exhibit A Mitigation Monitoring and Reporting Program
B. Use Permit and Design Review Resolution
C. Project Plans
D. Project Description
E. CCCFPD Comment Letter
F. June 16, 2021, Planning Commission Minutes
RESOLUTION NO. 2022-**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADOPTING THE
INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM FOR A CANNABIS OPERATIONS FACILITY WITH
INDOOR CULTIVATION, DISTRIBUTION, MANUFACTURING AND RETAIL
DISPENSARY WITH DELIVERY AS ADEQAUTE FOR ADDRESSING THE
ENVIRONMENTAL IMPACTS OF THE PROPOSED PROJECT
WHEREAS, the City of Antioch (“City”) received an application from JKC3H8 (Natural Supplements) (“Applicant”) for approval of an Initial Study / Mitigated Negative Declaration, Use Permit, and Design Review, for the development of a cannabis operations facility on a 3.96-acre site. The project site is located at 2100-2300 Wilbur Avenue (UP-20-01, AR-20-01) (051-100-028);
WHEREAS, the City prepared an Initial Study and Mitigated Negative Declaration (IS/MND), to evaluate the potential environmental impacts of the Project in conformance with Section 15070of Title 14 of the California Code of Regulations (the “CEQA Guidelines”);
WHEREAS, an IS/MND was circulated for a 20-day review period, with the public review period commencing on May 7, 2021, and ending on May 26, 2021; and with no public comments being received;
WHEREAS, on June 16, 2021, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary and recommended adoption to the City Council of the IS/MND and Mitigation Monitoring and Reporting Program (MMRP);
WHEREAS, on June 16, 2021, the Planning Commission duly held a noticed public hearing recommended adoption to the City Council of the Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project WHEREAS, the City Council duly gave notice of public hearing as required by law; WHEREAS, the City Council has reviewed the IS/MND and the MMRP for this project;
WHEREAS, on February 22, 2022, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary, and adopted the IS/MND and MMRP; and
WHEREAS, the custodian of the Final IS/MND is the Community Development Department and the Final IS/MND is available for public review on the City’s website at:
https://www.antiochca.gov/community-development-department/planning- divsion/environmetnal-documents/. Due to the State and Contra Costa County’s Shelter-
ATTACHMENT A
A1
RESOLUTION NO. 2022-**
FEBRUARY 22, 2022
in-Place orders, publicly accessible locations to review the IS/MND were closed.
Consistent with the Governor’s Executive Order, posting materials on the City’s website was adequate. The MMRP is attached as Exhibit A to this Resolution.
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:
1. The foregoing recitals are true and correct.
2. The City Council of the City of Antioch hereby FINDS on the basis of the whole record before it (including the Initial Study and all comments received) that:
a. The City of Antioch exercised overall control and direction over the CEQA review for the Project, including the preparation of the Final IS/MND, and independently reviewed the Final IS/MND and MMRP;
b. There is no substantial evidence that the Project will have a significant effect on the environment once mitigation measures have been followed and assuming approval of the Use Permit and Design Review; and c. The Final IS/MND and MMRP reflect the City's independent judgment and analysis.
3. The City Council hereby approves and adopts the IS/MND, and MMRP for the Project (Exhibit A).
* * * * * * * *
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of Antioch, County of Contra Costa, State of California, at a regular meeting of said City Council held on the 22ndday of February 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
M I T I G A T I O N M O N I T O R I N G A N D R E P O R T I N G P R O G R A M J U N E2 0 2 1
A N T I O C HN A T U R A L S U P P L E M E N T S P R O J E C T
A N T I O C H ,C A L I F O R N I A
Q:\CAN2003 Antioch Natural Supplements\PRODUCTS\MMRP\Antioch Natural Supplements MMRP.docx (06/09/21) 1
MITIGATION MONITORING AND REPORTING PROGRAM
This Draft Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Antioch Natural Supplements Project (project) submitted by Natural Supplements (the project sponsor) for which the City of Antioch (City) is the CEQA Lead Agency for environmental review. The MMRP, which is provided in Table A, lists mitigation measures recommended in the IS/MND for the proposed project and identifies mitigation monitoring requirements. The Final MMRP must be adopted when the City makes a final decision on the project.
This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. The MMRP is intended to ensure compliance during implementation of the project.
The MMRP is organized in a matrix format:
The first column identifies the mitigation measure that would be implemented for each project impact.
The second column refers to the party or agency responsible for implementing the mitigation measure.
The third column refers to the action that prompts implementation and/or implementation timing.
The fourth column refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented.
The fifth column refers to the action that prompts the commencement of monitoring.
The sixth column refers to when the monitoring will occur to ensure that the mitigation action is completed.
The seventh and final column is where the lead agency contact initials and dates are provided as verification of mitigation measure implementation.
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EXHIBIT A
A N T I O C HN A T U R A L S U P P L E M E N T S P R O J E C T
A N T I O C H ,C A L I F O R N I A
M I T I G A T I O NM O N I T O R I N G A N D R E P O R T I N G P R O G R A M J U N E2 0 2 1
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RESOLUTION NO. 2022-**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING THE USE PERMIT AND DESIGN REVIEW (UP-20-01, AR-20-01) FOR A CANNABIS
OPERATIONS FACILITY WITH INDOOR CULTIVATION, DISTRIBUTION, MANUFACTURING AND RETAIL DISPENSARY WITH DELIVERY AT 2100-2300
WILBUR AVENUE
WHEREAS, the City of Antioch (“City”) received an application from JKC3H8 (Natural Supplements) (“Applicant”) for approval of an Initial Study / Mitigated Negative Declaration, Use Permit, and Design Review, for the development of a cannabis operations facility on a 3.96-acre site. The project site is located at 2100-2300 Wilbur Avenue (UP-20-01, AR-20-01) (051-100-028);
WHEREAS, an Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program was prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15162, and considered by the Planning Commission on June 16, 2021;
WHEREAS,on June 16, 2021, the Planning Commission duly held a noticed public hearing recommended that the City Council approve the Use Permit and Design Review; WHEREAS, on June 16, 2021, the Planning Commission duly held a noticed public hearing recommended adoption to the City Council of the Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project; WHEREAS, the City Council duly gave notice of public hearing as required by law; and
WHEREAS, on February 22, 2022, duly held a public hearing, received, and considered evidence, both oral and documentary, and approved a Cannabis Business Use Permit, and Design Review.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby makes the following findings required for the approval of a Cannabis Business Use Permit:
1. The granting of such Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.
The proposed cannabis business is required to comply with multiple conditions of approval that address the project’s impact on public health and the properties in the vicinity. On-site armed security is required at all times. Annual audits of the site security plan by City staff or a third-party company subject to the approval of the Antioch Police Department are required. The business shall also maintain on- site odor control so that cannabis related odors are not readily detected outside
ATTACHMENT B
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the structure. Based upon the conditions imposed, the cannabis dispensary use will not create adverse impacts to the surrounding businesses and residents.
2. The use applied at the location indicated is properly one for which a Use Permit is authorized.
The site is zoned Cannabis Overlay District. The Cannabis Overlay District allows cannabis businesses with the approval of a use permit.
3. The site for the proposed use is adequate in size and shape to accommodate such use, and all parking, and other features required.
The proposed site is 3.96-acres and adequate in size and shape to accommodate the proposed cannabis operations facility with ample parking. The proposed retail, cultivation, distribution, and other uses will have sufficient parking that meets that required by the Antioch Municipal Code (AMC).
4. The site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.
The project site is currently undeveloped and is located along Wilbur Avenue, which is adequate in width and pavement type to carry the traffic generated by the proposed use.
5. The granting of such Use Permit will not adversely affect the comprehensive General Plan.
The use will not adversely affect the comprehensive General Plan because the project is consistent with the General Plan designation for the site of Industrial and will be located within new buildings.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Antioch does hereby APPROVE the Use Permit and Design Review for a cannabis operations facility (UP-20-01, AR-20-01), located at 2100-2300 Wilbur Avenue (APN 051- 032-009) subject to the following conditions:
A. GENERAL CONDITIONS
1. The development and all proposed improvements shall comply with the City of Antioch Municipal Code and City Standards unless a specific exception is granted thereto or approved by the City Engineer.
2. City staff shall inspect the site for compliance with conditions of approval prior to final inspection approval.
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3. No permits or approvals, whether discretionary or mandatory, shall be considered if the applicant is not current on fees, reimbursement payments and other monies that are due.
4. The applicant shall obtain an encroachment permit for all work to be done within the public right-of-way or easement, and peak commute-hour traffic shall not be impeded by construction-related activity.
5. All required easements or rights of entry for off-site improvements shall be obtained by the applicant at no cost to the City of Antioch. Advance permission shall be obtained from any property or easement holders for any work done within such property or easements.
6. All existing easements shall be identified on the site plan and all plans that encroach into existing easements shall be submitted to the easement holder for review and approval, and advance written permission shall be obtained from any property owner or easement holder for any work done within such property or easement.
7. All access drive aisles shall be constructed per current ADA and City standards, subject to review and approval by the City Engineer.
8. All cracked, broken or damaged concrete curb, gutter and/or sidewalks in the public right-of-way along the project frontage shall be removed and replaced as required by the City Engineer and at no cost to the City.
9. On site Asphalt paving shall be designed for a minimum traffic index (TI) of 5.5 and shall have a minimum slope of 2%, concrete paving shall have a minimum slope of 0.75%, and asphalt paving for identified accessible parking stalls and access routes may have a minimum slope of 1.5% and a maximum 2% slope, or as approved by the City Engineer.
10. All on-site curbs, gutters and sidewalks shall be constructed of Portland cement concrete.
11. The applicant shall install and maintain parking lot and pathway within the project area at no cost to the City.
12. The project shall comply with the Antioch Municipal Code. All construction shall conform to the requirements of the California Building Code and City of Antioch standards.
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13. The applicant shall defend, indemnify, and hold harmless the City in any action brought by a third party to challenge the land use entitlement. In addition, if there is any referendum or other election action to contest or overturn these approvals, the applicant shall either withdraw the application or pay all City costs for such an election.
14. The project shall be implemented as indicated on the application form and accompanying materials provided to the City and in compliance with the Antioch Municipal Code, or as amended by the Planning Commission or City Council.
15. No building permit will be issued unless the plan conforms to the project description and materials as approved by the City Council and the standards of the City.
16. This approval expires two years from the date of approval by the City Council (November 9, 2023), unless an extension has been approved by the Zoning Administrator. Requests for extensions must be received in writing with the appropriate fees prior to the expiration of this approval. No more than one one- year extension shall be granted.
17. No permits or approvals, whether discretionary or ministerial, shall be considered if the applicant is not current on fees, reimbursement payments, and any other payments that are due.
18. City staff shall inspect the site for compliance with conditions of approval prior to the issuance of a Certificate of Occupancy or commencement of the business.
B. CONSTRUCTION CONDITIONS
1. The use of construction equipment shall be as outlined in the Antioch Municipal Code. Construction is restricted to weekdays between the hours of 8:00 AM and 5:00 PM. Requests for alternative days/times may be submitted in writing to the City Engineer for consideration.
2. The project shall comply with and supply all the necessary documentation for AMC § 6-3.2: Construction and Demolition Debris Recycling.
3. Standard dust control methods shall be used to stabilize the dust generated by construction activities. The developer shall post dust control signage with the contact number of the Developer, the Bay Area Air Quality Management District and the City.
4. Driveway access to neighboring properties shall be maintained at all times during construction.
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C. FIRE REQUIREMENTS
1. All requirements of the Contra Costa County Fire District shall be met.
D. FEES
1. The applicant shall pay all City fees which have been established by the City Council and as required by the Antioch Municipal Code.
2. The applicant shall pay all required fees at the time of building permit issuance.
E. PROPERTY MAINTENANCE
1. No illegal signs, pennants, banners, balloons, flags, or streamers shall be used on this site at any time.
2. The site shall be kept clean of all debris (boxes, junk, garbage, etc.) at all times.
F. GRADING
1. The grading operation shall take place at a time, and in a manner, so as not to allow erosion and sedimentation. Erosion measures shall be implemented during all construction phases in accordance with an approved erosion and sedimentation control plan.
2. The final grading plan for this development shall be approved by the City Engineer and signed by a California licensed civil engineer. No grading is allowed without a grading permit issued by the Building Department.
3. All elevations shown on the grading and improvement plans shall be on the USGS 1929 sea level datum or NAVD 88 with conversion information, or as approved by the City Engineer.
G. CONSERVATION/NPDES
1. The project shall comply with all Federal, State, and City regulations for the National Pollution Discharge Elimination System (NPDES) (AMC§6-9). Under NPDES regulations, the project is subject to provision C.3: New development and redevelopment regulations for storm water treatment. Provision C.3 requires that the project include storm water treatment and source control measures, as well run-off flow controls, so that post-project runoff does not exceed estimated pre- project runoff. C.3 regulations require the submittal of a Storm Water Control Plan (SWCP) that demonstrates how compliance will be achieved. The SWCP shall be submitted simultaneously with the project plans. An Operation and Maintenance B5
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Plan (O&M) for the treatment and flow-controls in the approved SWCP shall be submitted and approved before the Building Department will issue Certificate of Occupancy permits and shall be included in the project CC&Rs. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall execute any agreements identified in the Storm Water Control Plan that pertain to the transfer of ownership and/or long-term maintenance of storm water treatment or hydrograph modification BMPs.
2. All impervious surfaces to be constructed as part of the project, including off-site roadways, are subject to C.3 requirements per State Regulations.
3. The following requirements of the federally mandated NPDES program (National Pollutant DISCHARGE Elimination System) shall be complied with as appropriate, or as required by the City Engineer:
a. Prior to issuance of permits for building, site improvements, or landscaping, the applicant shall submit a permit application consistent with the applicant's approved Storm Water Control Plan, and include drawings and specifications necessary for construction of site design features, measures to limit directly connected impervious area, pervious pavements, self-retaining areas, treatment BMPs, permanent source control BMPs, and other features that control storm water flow and potential storm water pollutants. b. The Storm Water Control Plan shall be certified by a registered civil engineer, and by a registered architect or landscape architect as applicable.
Professionals certifying the Storm Water Control Plan shall be registered in the State of California and submit verification of training, on design of treatment measures for water quality, not more than three years prior to the signature date by an organization with storm water treatment measure design expertise (e.g., a university, American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, or the California Water Environment Association), and verify understanding of groundwater protection principles applicable to the project site (see Provision C.3.i of Regional Water Quality Control Board Order R2 2003 0022). c. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall submit, for review and approval by the City, a final Storm Water BMP Operation and Maintenance Plan in accordance with City of Antioch guidelines. This O&M plan shall incorporate City comments on the draft O&M plan and any revisions resulting from changes made during construction. The O&M plan shall be incorporated into the CC&Rs for the Project.
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d. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall execute and record any agreements identified in the Storm Water Control Plan which pertain to the transfer of ownership and/or long-term maintenance of storm water treatment or hydrograph modification BMPs. e. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner.
f. Collect and convey all storm water entering, and/or originating from, the site to an adequate downstream drainage facility. Submit hydrologic and hydraulic calculations with the Improvement Plans to Engineering Services for review and approval.
g. Prior to issuance of the grading permit, submit proof of filing of a Notice of Intent (NOI) by providing the unique Waste Discharge Identification Number (WDID#) issued from the Regional Water Quality Control Board.
h. Submit a copy of the Storm Water Pollution Prevention Plan (SWPPP) for review to the Engineering Department prior to issuance of a building and/or grading permit. The general contractor and all subcontractors and suppliers of materials and equipment shall implement these BMP's. Construction site cleanup and control of construction debris shall also be addressed in this program. Failure to comply with the approved construction BMP may result in the issuance of correction notices, citations, or a project stop work order. i. Install appropriate clean water devices at all private storm drain locations immediately prior to entering the public storm drain system. Implement Best Management Practices (BMP's) at all times.
j. Install on all catch basins "No Dumping, Drains to River" decal buttons. k. If sidewalks are pressure washed, debris shall be trapped and collected to prevent entry into the storm drain system. No cleaning agent may be discharged into the storm drain. If any cleaning agent or degreaser is used, wash water shall be collected and discharged to the sanitary sewer, subject to the approval of the sanitary sewer District.
l. Include erosion control/storm water quality measures in the final grading plan that specifically address measures to prevent soil, dirt, and debris from entering the storm drain system. Such measures may include, but are not limited to, hydro seeding, gravel bags and siltation fences and are subject to review and approval of the City Engineer. If no grading plan is required, necessary erosion control/storm water quality measures shall be shown on the site plan submitted for an on-site permit, subject to review and approval of the City Engineer. The B7
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applicant shall be responsible for ensuring that all contractors and subcontractors are aware of and implement such measures. m. Sweep or vacuum the parking lot(s) a minimum of once a month and prevent the accumulation of litter and debris on the site. Corners and hard to reach areas shall be swept manually.
n. Ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered.
o. Clean all on-site storm drain facilities a minimum of twice a year, once immediately prior to October 15 and once in January. Additional cleaning may be required if found necessary by City Inspectors and/or City Engineer. p. Install full trash capture device(s) in storm water catch basins that collect water from the project site. A “full trash capture device” is defined as any device or series of devices that traps all particles retained by a 5mm mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour, storm in the tributary drainage catchment area. Selected devices must be detailed on the building permit plan submittal and approved by Public Works prior to installation.
H. UTILITIES
1. All existing and proposed utilities (e.g., transformers and PMH boxes) shall be undergrounded and subsurface in accordance with the Antioch Municipal Code, except existing P.G.& E. towers, if any, or as approved by the City Engineer.
2. All storm water flows shall be collected onsite and discharged into an approved public storm drain system.
3. Trash enclosures shall drain to sanitary sewer and shall incorporate methods to contain refuse runoff at the front-gate and pedestrian access point to prevent storm water from entering the enclosure.
4. A reduced pressure backflow preventer assembly shall be installed on all City water meter services.
5. Double detector check fire line backflow assemblies shall be enclosed within an easement granted to the City, as needed, and at no cost to the City.
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6. The developer shall provide all offsite and onsite improvements necessary to provide adequate water pressure and volume to serve this development, as approved by the City Engineer. This will include a minimum residual pressure of 20 psi with all losses included at the highest point of water service and a minimum static pressure of 50 psi.
7. Water systems shall be designed as a looped distribution system, if not already connecting as a looped system, developer shall be responsible for installing any water mains to create a looped system at no cost to the City.
8. The developer shall install all infrastructure to serve the site. Infrastructure for access to the site (sewer, water, storm, joint trench, and surface improvements) shall be completed prior to issuance of building permits.
9. The developer shall minimize water and sewer connection tie-ins to wet utility mains.
10. All onsite utilities shall be privately maintained and connected to public facilities in accordance with City Standards, or as approved by the City Engineer.
11. All proposed drainage facilities, including open ditches, shall be constructed of Portland Concrete Cement or as approved by the City Engineer.
I. LANDSCAPING
1. Sight distance triangles shall be maintained per Antioch Municipal Code § 9-
5.1101, Site Obstructions at Intersections, or as approved by the City Engineer.
Landscaping and signage shall not create a sight distance problem.
2. Detailed landscaping and irrigation plans for the entire site shall be submitted to the City for review and approval. All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of certificates of occupancy for this building.
3. Landscaping for the project shall be designed to comply with the applicable requirements of City of Antioch Ordinance No. 2162-C-S the State Model Water Efficient Landscape Ordinance (MWELO). Prior to issuance of a building permit, the applicant shall demonstrate compliance with the applicable requirements of the MWELO in the landscape and irrigation plans submitted to the City.
J. FINAL IS/MND AND MITIGATION MONITORING AND REPORTING PROGRAM
1. The applicant shall comply with all mitigation measures identified in the IS/MND and Mitigation Monitoring and Reporting Program.
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2. The applicant shall mitigate any impacts on wildlife, including State and Federally listed threatened and endangered species, and their habitat by compliance with one of the following:
a. Implementing, or making enforceable commitments to implement, all applicable mitigation measures in the project environmental documents, as well as any additional measures as may be required by the California Department of Fish & Wildlife (CDFW) or the U.S. Fish & Wildlife Service (FWS), and obtaining a letter(s) from CDFW and FWS stating that the project has fulfilled the requirements of applicable State and Federal wildlife protection laws and regulations; or
b. Complying with applicable terms and conditions of the ECCC HCP/NCCP, as determined in written “Conditions of Coverage” by the East Contra Costa County Habitat Conservancy (Conservancy), provided that the City has first entered into an agreement with the Conservancy for coverage of impacts to ECCCHCP/NCCP Covered Species; or
c. Complying with a habitat conservation plan and/or natural community conservation plan developed and adopted by the City, including payment of applicable fees, provided that CDFW and FWS have approved the conservation plan.
K. PROJECT SPECIFIC CONDITIONS
1. This use permit approval applies to the operation of a cannabis operations facility with indoor cultivation, distribution, manufacturing, and retail dispensary with delivery as depicted on the project plans and application materials submitted to the Community Development Department. Any forthcoming plans submitted for any purpose shall be entirely consistent with these received plans and application materials and conditions of approval herein.
2. The hours of operation for the retail operation shall be from 8:00 AM – 8:00 PM.
3. The hours of operation for the cultivation, operation shall be from 6:00 AM- 6:00 PM.
4. The hours of operation for the distribution operation shall be from 9:00 AM- 6:00 PM.
5. The hours of operation for the manufacturing operation shall be from 10:00 AM- 8:00 PM
6. Any changes to the hours of operation shall be subject to the review and approval of the Zoning Administrator.
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7. All necessary licenses from the State of California shall be obtained prior to opening.
8. All persons entering the business must be at least 21 years of age with a valid identification card. An electronic reader shall be used to read and validate identification cards.
9. No smoking or ingestion of cannabis products on-site is allowed.
10. No free samples of cannabis products are allowed.
11. Cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.
12. Cannabis related waste shall be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.
13. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the premises during business hours if directly related to patrons of the business.
14. A copy of this use permit and City of Antioch business license, as well as any other State licenses, shall be on display during business hours and in a conspicuous place so that they may be readily seen by all persons entering the facility.
15. No signs, tinting, or other graphic material may be used to obscure the storefront windows.
16. No drive-through, drive-up, or walk-up window services are allowed.
17. No fewer than two uniformed and armed security guards who are employed by a Private Patrol Operator (Security Company) who is currently licensed with the California Department of Consumer Affairs shall be on-site during business operating hours. One armed security guard shall be on-site at all times, even when the facility is closed. A copy of the contract with the Security Company shall be provided to the Community Development Director and the City Attorney for review and approval prior to issuance of a certificate of occupancy.
18. The name of the Security Company, proof of liability insurance including a copy of all exceptions, their State license number, and the guard registration numbers for the employed guards shall be provided to the Community Development Department. Should there be a change in the security private patrol operator or in the liability insurance of the applicant, the Community Development Director and the City Attorney shall be notified within 5 business days.
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19. The City Council may require modification, discontinuance or revocation of this use permit if it finds that the use is operated or maintained in a manner that it:
Adversely affects the health, peace or safety of persons living or working in the surrounding area; or
Contributes to a public nuisance; or
Has resulted in excessive nuisance activities including disturbances of the peace, illegal drug activity, diversion of Cannabis or Cannabis Products, public intoxication, smoking in public, harassment of passersby, littering, or obstruction of any street, sidewalk or public way; or
Has resulted in or has been the target of criminal activity requiring undue attention and dedication of the Antioch Police Department resources; or Violates any provision of Antioch Municipal Code or condition imposed by a City issued permit, or violates any provision of any other local, state, regulation, or order including those of state law or violates any condition imposed by permits or licenses issued in compliance with those laws.
Results in more than three distinct unresolved odor complaints in a twelve (12) month period.
20. The business shall incorporate and maintain adequate on-site odor control measures in such a manner that the odors of cannabis and cannabis-related products shall not be readily detected from outside of the structure in which the business operates or from other non-Cannabis businesses adjacent to the site.
21. The Odor Mitigation Plan shall be updated and resubmitted to the Planning Division at building permit to address the comments from the February 19, 2021, Odor Mitigation Plan Review Memorandum:
Maintain records of all staff trainings in addition to the items specified in the Government Documentation section.
Provide calculations for carbon filter number and sizing, fan number and sizing, and other critical components, and provide certified statement confirming calculations were reviewed.
Provide manufacturer cut sheets for odor control equipment and a certified statement confirming that acceptable equipment has been selected.
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22. During regular business hours, all cannabis business premises shall be accessible, upon request, to an authorized City employee or representative for random and/or unannounced inspections. The cannabis business may be charged a fee for any inspections.
23. An annual audit of the site’s security plan shall be submitted to the Antioch Police Department. The audit shall be conducted by City staff or a third-party company subject to the approval of the Antioch Police Department.
24. All points of ingress and egress to the business shall be secured with Building Code compliant commercial-grade, non-residential door locks and/or window locks. Entry and exit doors to restricted cannabis areas shall be made of reinforced metal with metal frames and have a security lock system.
25. Building signage shall not state that cannabis or cannabis products are stored, sold or handled on the site. Images of cannabis leaves, green crosses, or similar commonly identifiable graphics are not allowed. All building signage shall be subject to staff review and approval.
26. The only cannabis paraphernalia allowed to be sold at the site are vape pens, vape pen cartridges, vape pen batteries, chargers, rolling papers, pipes, bongs, and grinders unless approved in writing by the Community Development Director.
27. Delivery vehicles shall not contain identifiable markings that associate the delivery service with the cannabis business.
28. The loading and unloading of vehicles for delivery of cannabis shall be conducted in a secured, gated or enclosed area.
29. All delivery of cannabis to the site shall take place in a caged/gated delivery area with a dedicated armed security guard to be present during all deliveries.
30. Visible signage shall be placed at the entrance of the facility notifying the public of surveillance on site.
31. Prior to a certificate of occupancy being issued for the site, the Antioch Police Department shall conduct a site inspection to assess the security of the site. Any changes the Antioch Police Department deems necessary upon site inspection shall be incorporated into a revised site security plan that is then submitted for their review and approval. No certificate of occupancy will be issued without final approval of a site security plan by the Antioch Police Department.
32. Security measures shall be designed to ensure emergency access is provided to the Antioch Police Department and the Contra Costa Fire Department for all areas on the premises in case of an emergency.
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33. Security surveillance cameras shall be installed and maintained in good working order to provide coverage on a twenty-four (24) hour real-time basis of all internal and external areas of the site where cannabis is stored, transferred and dispensed, where any money is handled, and all parking areas. The cameras shall be oriented in a manner that provides clear and certain identification of all individuals within those areas. Cameras shall remain active at all times and be capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for a minimum of sixty (60) days.
34. A professionally monitored security alarm system shall be installed and maintained in good working condition. The alarm system shall include sensors to detect entry exit from all secure areas and all windows. The name and contact information of the alarm system installation and monitoring company shall be kept as part of the onsite books and records.
35. A local contact who will be responsible for addressing security and safety issues shall be provided to, and kept current with, the Antioch Police Department.
36. The applicant shall enter into an operating agreement with the City of Antioch prior to a certificate of occupancy being issued for the site. No business license shall be issued without an approved operating agreement.
37. Prior to building permit final, the applicant shall Cape seal existing entry driveway.
38. All mechanical equipment, roof and ground mounted, shall be screened from public view. The screening shall be shown on the building permit submittal.
39. To comply with Antioch Municipal Code § 9-5.1715 LIGHTING, a photometric plan shall be provided with the building permit submittal showing the outdoor parking area having a minimum illumination of two foot-candles. Any additional parking lot lighting necessary to meet this requirement shall be architecturally compatible with the existing parking lot lighting, shown on the building permit submittal, and a cut sheet or other detail showing the lighting design shall be provided on the building permit submittal.
40. The fence around the north and eastern side of the stormwater basin shall be a wrought iron fence.
41. All easements shall be shown on all plans submitted to the Building Division, including grading and improvement plans.
42. Any undeveloped areas on-site shall be maintained in an attractive manner which ensures fire safety and prevents any runoff onto the adjacent sidewalks.
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43. The removal of the 16 trees detailed in the arborist report prepared by Natural Investigations Co and dated April 9, 2020, is authorized with this approval. As required by the Antioch Municipal Code, ten (10) 48-inch box trees and twenty (20) 24-inch box trees are required as mitigation for the removal of the trees. The mitigation trees shall be shown on the Final Landscaping plans.
44. Developer shall extend the existing sewer main on Wilbur Avenue to the prospective location of the access road connection to the subject property's sewer lateral and connect to the Wilbur Avenue sewer main for service. In the alternative to which Developer is personally undertaking sewer main construction, Developer shall coordinate with other parties conditioned and undertaking said construction of Wilbur Avenue sewer main extension improvements and contribute 25% of costs of construction as its proportionate contribution. Although Developer may bear the entire upfront cost of the extension, Developer shall ultimately be responsible for only 25% of such cost. City of Antioch shall reimburse Developer either 50%, or 75% of the cost of the extension, dependent upon the performance of reimbursement by neighboring property owners benefitting from the extension of the Wilbur Avenue Sewer main. Developer may proceed with development of its facility concurrent with the work to be completed for the Wilbur Avenue sewer main extension. The sewer main extension shall be completed prior to the commencement of operations at the site. Reimbursement amount as approved by the City Engineer shall be made by the City of Antioch to Developer within six months of the completion of work for the sewer main extension to the subject property.
45. No later than three years following the issuance of the final certificate of occupancy for the project, the property owner shall dedicate and improve additional right-of- way along the project frontage as necessary for the widening of Wilbur Avenue to accommodate a 108-foot-wide arterial roadway, to the satisfaction of the City Engineer. Property owner shall enter into an improvement agreement and post security acceptable to the City prior to final certificate of occupancy. Design of the improvements by the Developer shall be completed in order to establish the security amount.
46. As part of the frontage improvements described in Condition 45, above, property owner shall also remove the existing railroad spur located within the Wilbur Avenue right of way immediately north of the project site. Property owner shall not be required to do any work related to the railroad spur located on property owned by third parties (i.e., not located on the project site or within the City’s right of way located immediately north of the project site).
47. Striping of Wilbur Avenue along project frontage section shall be restriped and restored to the satisfaction of the City Engineer prior to the commencement of operations.
B15
RESOLUTION NO. 2022-**
February 22, 2022
48. Applicant shall design and construct all frontage improvements along Wilbur Avenue including a 5-foot-wide sidewalk, 5-foot-wide landscaping planter, curb and gutter. Asphalt paving shall be designed for a minimum traffic index (T.I.) of
9.0 and shall have a minimum slope of 2%. Pavement section will be a minimum of 6” A.C. over 18” Class II A.B.
49. Applicant shall, at its expense, design and construct all signing and striping necessary to conform the new improvements constructed by this project to existing Wilbur Avenue improvements.
50. The parking lot striping and signing plan shall be approved by the City Engineer.
51. All parking spaces shall be double-striped, and all parking lot dimensions shall meet minimum City policies and Antioch Municipal Code requirements.
52. No Parking Any Time (R26) signage shall be installed per California MUTCD standards at locations along project frontage as approved by the City Engineer.
53. The garbage company shall provide approval for the location of all trash enclosures, subject to the approval of the City Engineer. Trash enclosures shall not be located within any easement areas.
54. Stop signs shall be installed at driveway exits onto Wilbur Avenue. * * * * * * * *
I HEREBY CERTIFYthe foregoing resolution was duly adopted by the City Council of the City of Antioch, County of Contra Costa, State of California, at a regular meeting of said City Council held on the 22ndday of February 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
B16
C-11C-1SITE PLANSCALE: 1"=20'
NOTESSHEET INDEX
ATTACHMENT C
C1
C-21C-1OUTDOOR SECURITY DEVICE PLANSCALE: 1"=20'
C2
C-31C-3FIRE SUPPRESSION PLANSCALE: 1"=20'
general notesfire suppression notes
C3
A-11A-1BLDG 'A' FLOOR PLAN 11,200 SQFT.SCALE: 1/8"=1'-0" LEGEND
C4
A-1.11A-1.1BLDG 'A' - TRIP GENERATION PLANSCALE: 1/8"=1'-0" C5
1A-2BLDG 'A' ELEVATIONSSCALE: 1/8"=1'-0"
C6
A-31A-3BLDG 'A' ROOF PLANSCALE: 1/8"=1'-0"
C7
A-4
C8
1A-6BLDG 'B' ELEVATIONSSCALE: 1/8"=1'-0"
C10
A-71A-7BLDG 'B' Roof PLAN SCALE: 1/8"=1'-0"
C11
C12
A-102A-10WROUGHT IRON FENCE COLUMN SPACINGSCALE: 3/4"=1'-0"1A-10LANDSCAPE ELEVATIONSCALE: 3/4"=1'-0" C14
C15
C16
C17
C18
C19
C20
C21
C22
Natural Supplements, Inc. 1
Project Description
2110-2300 Wilbur Ave. Antioch, CA 95356;
APN: 051-100-028
Zoning: PBC
Introduction
Natural Supplements, Inc. has proposed to develop the subject property including the construction of commercial and industrial structures on site to facilitate the operation of several Commercial Cannabis Business operations under Type 10 'Retail Storefront and Delivery', and Type 11 'Distributor' licenses from the State of California Bureau of Cannabis Control within the Department of Consumer Affairs, a Type 7 'Manufacturer' license from the California Department of Health, as well as a from the State
of California Department of Food and Agriculture.
The subject site is located at the above address within the City of Antioch in a 'Planned Business Center' Zone.
Design Program
The project design is centered around several key elements which include:
1) Optimizing Site Security for the Protection of Customers and General-Public; 2) Maintaining the General Aesthetic Character of the Surrounding Community; 3) Minimizing Community Impact(s);
4) Maximizing Efficiency and Productivity in Beneficial Use of Property Relationship of Site to Surrounding Uses:
The general area surrounding the project site is predominated by industrial buildings and work- yards. Immediately to the North is a vehicle impound yard. Immediately to the East is Silgan Container Corporation, and Antioch Tile and Stone. Immediately to the South is One Source Supply Solutions, a wholesale electrical supply store, and Granite, Marble, and Stone - Fabrication and Installation Specialists. Immediately to the West is a metal and vehicle scrap and trucking yard.
Antioch Youth Sports Complex is located to the south-west of the project but shall not be impacted whatsoever by business operation. The Complex is insulated from the subject site by the existing railroad easement and tracks which are secured by perimeter fencing outfitted with razor-wire. The elevation of the railroad easement as well as its security infrastructure render the
ATTACHMENT D
D1
Natural Supplements, Inc. 2
facility completely inaccessible to potential sensitive use constituents. Additionally, odor control measures to be implemented at Natural Supplements facility shall ensure that our operation does not present any disturbance whatsoever to the constituents of the sports complex.
Number of Employees: 2 (Min/Shift)-Night Security
36 (Maximum/Shift) [Combined Activities]
Product Transport/Deliveries: Natural Supplements anticipates product transports 3-4 times per week. All transfers of product from the facility to an off-site location shall take place within the secure Value Transfer Rooms within the facility structures. Further, upon arrival of product, following admittance to the site parking lot, the transport vehicle will be escorted into the Secure Value Transfer Room once the facility gate is closed and locked. The physical transfer of product shall always take place within the facility and out of public view.
In addition to product transport to and from the distribution, manufacturing and cultivation facilities as contemplated above, Natural Supplements Retail facility anticipates approximately 40 direct to customer deliveries per day, between the hours of 10am and 8pm.
Vendors/Customers: Natural Supplements will not require the admittance of vendors or customers on site, other than Lab Testing facilities who are contracted to take product samples for compliance with quality control regulations. This may take place once per week. During the extraction of a lab testing sample, the lab testing contractor will typically dispatch 1-2 technicians to the facility. This may take place 1-2 times per week.
Hours of Operation and Employee Shifts:
Retail: The hours of operation at the Retail facility shall be from 8:00am to 8:00pm.
Shift 1: Shall occur between the hours of 8am and 12pm
Shift 2: Shall occur between the hours of 12pm and 4pm
Shift 3: Shall occur between the hours of 4pm and 8pm
Distribution:The hours of operation at the distribution facility shall be from 9:00am to 6:00pm.
There shall be only be one shift for employees of this operation.
Manufacturing:The hours of operation at the distribution facility shall be from 10:00am to 8:00pm. There shall be only one shift for employees of this operation.
Cultivation:The hours of operation at the cultivation facility shall be from 6am to 6pm.
Shift 1: Shall occur between the hours of 6am and 12pm
Shift 2: Shall occur between the hours of 12pm and 6pm.
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Natural Supplements, Inc. 3
Project Phasing:
BUILDING A-
[RETAIL PREMISES] QTR 4 (2020)
[DISTRIBUTION PREMISES] QTR 4 (2020)
[MANUFACTURING PREMISES] QTR 1 (2021)
BUILDING B-
[CULTIVATION PREMISES] QTR 1 (2021)
Parking Analysis:
Parking Required
Legend: (S)=Site; (R)=Retail; (D)=Distribution; (M)=Manufacturing; (C)=Cultivation Site:
(1) Security Manager (S)
(1) Security Staff Member (S)
Building A:
(1) Receptionist (R)
(1) Retail Operations Manager (R)
(5) Retail Clerks (R)
(3) Delivery Transporters (R)
(2) Distribution Inventory Clerks (D)
(1) Distribution Manager; and (D)
(2) Distribution Transporters (D)
(1) Manufacturing Operations Manager (M)
(4) Manufacturing Technicians (M)
Building B:
(1) Secretary (C)
(1) Operations Manager (C)
(12) Cultivation Technicians (C)
TOTAL EMPLOYEES: = 36
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Natural Supplements, Inc. 4
TOTAL SPACES REQUIRED = 74
PARKING PROVIDED
Exterior:
(75) 9'x20' STANDARD STALLS
(4) 9'x20' VAN ACCESSIBLE DISABLED
* TOTAL STALLS PROVIDED = 79
Landscaping and Tree Planting Plan:
The proposed landscaped area on site shall cover 11,336 sq. ft. of the project site. The project shall involve the construction of any new buildings on site. Accordingly, landscaping shall be added for its aesthetic quality and for the accommodation of on-site storm water drainage, and leach septic system field.
Site Calculations
AREA BREAKDOWN:
GROSS SITE AREA: 172,933 S.F.
LANDSCAPED AREA: 11,336 S.F.
BUILDING AREA: 33,600 S.F.
CONCLUSION:
11,336 S.F _
172,933 S.F. = (7)% LANDSCAPED AREA
(33,600) S.F.
(172,933) S.F. = (19.4)% BUILDING AREA
Retail Activities [Building A]:
The primary activities involved in the operation of the commercial cannabis Retail Operation would involve of the retail sales and delivery of cannabis goods to both medicinal and adult use customers, as well as currency transfers from the facility. Distribution of Cannabis goods to the retail premises would be facilitated by Natural Supplements Distribution operation located within Building A.
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Activities ancillary to these daily operations are constant maintenance of on-site security, business administration, as well as daily office management involving record keeping, correspondence, and interface with facility personnel. We anticipate occasional inspections from local and state authorities from respective governmental agencies who shall be allowed on site to inspect and confirm regulatory compliance.
The Hours of operation for the Retail Facility shall be from 8:00am to 8:00pm Monday through Sunday.
Open Concept Retail 'Sales Room'
The Retail Floor Area will provide a free-flowing atmosphere with the massive space to enhance the Customer experience. The traffic flow inside the facility will never exceed the maximum capacity, nor will there be customers waiting in line outside, as the magnitude of the square footage provides comfortable accommodation for a substantial volume of customers at one time.
Following security clearance and verification of customer age and credentials, customers awaiting entry into the Sales Room, customers will be able to browse Natural Supplements selection of products on offer in the 'Customer Product Room'. This will allow the customer to make specific inquiries with Sales clerk on specific products once a sales representative becomes available, making transactions more efficient.
The size of the retail floor space, which exceeds over 2,500 sq. ft. makes potential customer accommodation at this facility a premium asset for the Business and the City of Antioch. e been verified, receptionists in the Customer Product
Room will complete all guest intake forms and do the following:
Create a customer profile in the Point of Sale (POS) software system; o the appropriate data
fields.
the queue. Proceed to inform the guest about the daily limits on products; When an employee checks in a returning guest, the following occurs:
Ask the person for a valid proof of identification,
purchasing history at the facility as well as if they are a loyalty member, and Once the customer reaches the Retail Sales Room, the sale of products commences.
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Natural Supplements, Inc. 6
The layout of the facility is much like walking into an Apple store there will be kiosks throughout the sales floor with iPads attached to the tables. Customers can then use the iPads to look through the menu, additional pictures of the products, as well as more detailed information about the products for sale. Once they have found the products that they are interested in purchasing, a QR code is then printed from the tablet and taken over to a sales associate for further processing.
The following will occur during the Natural Supplements Customer Experience:
eeds using product knowledge and sales
skills gained through Natural Supplements initial training program.
Interface with sales staff will always be geared toward friendliness and courtesy.
The Retail Clerks also known as 'budtenders' and additional staff will advise the customers to the best of their ability about the products on hand.
Cannabis Product Register Procedures
Once the customers have completed their shopping experience, the cashier will be handed the printed QR code generated from the tablet. All cannabis must leave in an opaque package and if Each product will be labeled uniquely by QR code and correlating ID associated within the tracking system. The QR code will be scanned into the data field to ensure the correct information for each product is being recorded.
The inventory is then removed from the back-inventory storage and presented to the customer.
All inventory is then charged and recorded in the POS system to properly monitor in real time the movement of product throughout the facility and into the final sale.
Ensure all discounts have been entered correctly by reviewing the price of the order and the discounts notes as well as relaying any promotional information to the consumer
Relay the order total to the customer and collect payment.
Count all cash in front of the customer to ensure accuracy and accountability as well as for video recordings.
The exit bags that are given to the customers will be reusable and, if they return with the bag, will be given a discount on their next and all future purchases. This will also aid in minimizing waste.
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Once the product has been purchased, the customer will be asked if they want an email receipt, which will minimize waste and help to reduce paper usage Customer Exit
Once their purchase has been made, they will be required to exit the facility and, on Leaving customers exit the facility through the exit door, a separate door from the point at they entered, which will minimize congestion at the access points.
Security guards will observe departing customers to ensure they are not partaking in consumption in their vehicles while in the parking lot.
Exterior Flow of Customers
Ample Parking
The parking lot is very large, which allows for seamless flow and we will have a valet service to assist customers with parking their vehicles. There are a total of 42 off street parking spaces available to customers, with an additional 36 spaces designated exclusively for employees, visitors and vendors in an area isolated from the public.
Additionally, there is an access road to the property from Wilbur Avenue, which helps with additional traffic flow. We will encourage employees to utilize public transportation as well as encourage carpooling. This assists not only with employee parking, but adds to environmental sustainability, with a smaller carbon footprint.
Goods for Sale and Customer Transactions
Goods for Sale
Natural Supplements shall not make any cannabis goods available for sale to a customer unless such goods were received from a licensed distributor, have not exceeded their expiration or sell- by date if one is provided, and, for manufactured cannabis goods, Natural Supplements shall ensure the product complies with all requirements of California Business and Professions Code Section 26130 and all other relevant laws. Natural Supplements retail facility shall not package or label cannabis goods, nor will it accept, possess, or sell cannabis goods that are not packaged as they will be sold at final sale.
Live Plants
Natural Supplements shall only sell live, immature cannabis plants if:
The plant is not flowering;
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Natural Supplements, Inc. 8
The plant or seed was purchased from a nursery that holds a valid Type-4 license under the Medicinal and Adult Use of Cannabis Regulation and Safety Act; and A label is affixed to the plant or package containing any seeds which states: "This product has not been tested pursuant to Medicinal and Adult-Use Cannabis Regulation and Safety Act."
Daily Product Limits
Natural Supplements shall not sell more than 28.5 grams of non-concentrated cannabis to an Adult Use Customer.
Natural Supplements shall not sell more than more than eight (8) grams of concentrated cannabis, including that which is contained in cannabis goods, in a single day to a single customer.
Natural Supplements shall not sell more than six (6) cannabis clones in a single day to a single customer.
Natur
block and come back to the retail facility the same day to circumvent daily sales limits. The POS system shall correlate all purchases to an individual's customer profile and prevents circumvention of the rules.
Goods on Display in Retail Area
Goods for inspection and sale shall only be displayed in the Customer Product Room, with digital profiles and limited samples available for browsing, and shall not be visible from outside of the facility.
All other retail inventory shall be maintained in the Customer Product Rooms and Bulk Cannabis Storage Room. All cannabis sold to customers will be packaged and labeled in accordance with Division 10 of the California Business and Professions Code. No free samples of cannabis will be provided.
Customer Returns
Natural Supplements will accept returns of cannabis goods previously sold to a customer. Such goods shall not be re-sold once they have been returned, shall be treated as abandoned, and shall be destroyed and disposed.
Facility Layout and Logistics
Security Checkpoint
The Security checkpoint will serve as the sole entrance point for customers and visitors arriving at Natural Supplements Retail Facility. This feature shall serve as a deterrent to any potential D8
Natural Supplements, Inc. 9
criminal activity or threat to customers, employees, and visitors at the store. One state licensed, uniformed, armed and badged security guard, shall provide customers, employees, as well as the City of Antioch with the comfort of knowing Natural Supplements keeps the safety and security of its customers and personnel at the forefront of consideration in its business practices. The Security Checkpoint area is large enough to accommodate several customers at one time who may form a small line completely within the building. The availability of this large interior intake space will prevent an over-congestion of customers and lines running to the exterior of the building.
Customer Product Room
This area of the facility shall serve as the primary hub for customer registration and intake, with a Receptionist available to assist each customer entering for the first time or returning to enjoy a unique and enjoyable customer experience with access to the commercial cannabis industry's most sought after and highest quality products on display prior to entry into the Sales Room.
This area shall be outfitted with a reception desk and computer tablets connected with integrated POS software. Natural Supplements will create a Customer Profile for each customer in order to develop a customer marketing database for tracking of specific metrics including customer visitation patterns, buying patterns, and average sale value per visit.
Retail Sales Room
The Open Concept 'Apple several
customer kiosks, each outfitted with multiple computer tablets containing integrated POS software, allowing customers to move freely to digitally browse, as well as physically inspect cannabis goods available in inventory with the assistance of Retail Clerks working the floor in the event a sample is requested. Large digital monitors will add to the customer experience with advertisements, menu items, and informational images displayed.
Bulk Cannabis Storage
Natural Supplements bulk inventory shall be housed in the Bulk Cannabis Storage which will be separated from the Retail Floor by a hallway which shall serve to provide compartmentalized, secure access. Furthermore, at the close of business, all remaining inventory placed in the Customer Product Rooms for customer viewing and inspection shall be returned to the Bulk Cannabis Storage f during off-hours
The Bulk Cannabis Storage also shall be utilized to house cash accumulated from operations throughout the working day, as well as the computer tablets utilized by staff and customers.
Managers Office
This room will serve as the central location for facility business administration. It will house the istrative equipment, as well as records and documentation required to be housed on site under the Antioch Municipal Code and State Law, including transaction information, patient records, reports, shipping manifests D9
Natural Supplements, Inc. 10
Security Office
The Security Room shall serve as the central location for security coordination, monitoring, and logistics. It will house the facility's security network infrastructure, including surveillance monitors with access to all security camera viewpoints which will be under the constant supervision of security personnel during all hours of operation. The Security Manager shall have master control of all locking mechanisms to every access point throughout the interior and exterior of the premises, which allows effective direction and control of high value transfers of product and currency to and from the facility. This room shall be accessible only to the Security Manager, Operations Manager and designated staff members.
Distribution Activities [Building A]:
The primary activities involved in the operation of the commercial cannabis distribution business would involve the wholesale purchase and resale of cannabis goods, as well as the provision of contract services, for processing, packaging, storage for lab testing, and transportation of cannabis goods to licensed retailers and distributors, including cannabis flower, cannabis concentrates, and edible cannabis goods. All cannabis products for wholesale purchase or taken in for service by Natural Supplements shall be sourced only from State licensed cultivators, Manufacturers and Distributors.
Such cannabis goods may arrive pre-packaged for distribution into the commercial market, or in bulk to be processed and packaged by Natural Supplements prior to testing and distribution to retailers and distributors.
All product transactions, including the physical transfer of cannabis goods, shall take place wholly within the secure facility structure.
The Hours of Operation for the Distribution Facility shall be 9:00am to 6:00pm Monday through Friday.
Manufacturing Activities [Building A]:
The primary activities involved in the operation of the commercial cannabis manufacturing business would involve the extraction, and infusion of cannabis concentrates, as well as the packaging and wholesale of cannabis, and cannabis concentrates derived from cannabis flower and trim sourced from state licensed cultivators.
Manufacturing activities would include all aspects of the extraction process, infusion process, and packaging and labeling processes, including processing, preparing, holding and storing of cannabis products. Manufacturing would also include any processing, preparing, holding, or storing of components and ingredients.
The hours of operation for the Manufacturing facility shall be 10:00am to 8:00pm Monday through Friday.
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Concentrate Extraction:
Natural Supplements shall utilize two (2) separate cannabis concentrate extraction units to produce its manufactured products.
Precision X40MSE
The X40 MSE utilizes both non-volatile and volatile solvents, including hydrocarbon, butane, propane, and ethanol, through a variety of manufacturing methods, to produce an array of cannabis concentrates from raw cannabis material ("trim"). This closed loop extraction system utilizes stainless steel components, 100% stamped and rated vessels certified by the American Society of Mechanical Engineers, internal heating and cooling systems for safe, user friendly use. The unit is capable of processing up to 50 pounds of raw material per run, with yields varying based on raw material quality and method for extraction.
Among the various concentrated cannabis products this unit is capable of producing various forms of concentrate including but not limited to shatter, budder, live resin, and wax, it also produces 'crude' cannabis concentrate which is utilized for production of distillate through the extraction system discussed below.
Precision CDU 3000
The Precision Commercial Distillation Unit (CDU) 3000 utilizes 'crude oi' which is fed into a column and distributed over an evaporative surface via an automated dosing pump and 'Precision Thin Film Extraction' rollers for even distribution to produce refined cannabis 'distillate'. This unit, specifically designed for cannabis is capable of producing up to six (6) liters of distillate per hour with a continuous auto feed/extraction system with no 'batch size' limitations. It is equipped with an emergency shut off switch and temperature control units. The finished 'distillate' product may be used for infused edible products and vaporizer products.
Natural Supplements manufacturing process will involve rigorous planning, a sterile environment and state-of-the-art equipment, combined with multiple control procedures to prevent and eradicate errors. By complying strictly with regulations, choosing environmentally friendly processes and establishing rigorous quality assurance procedures the operation shall adhere to a series of engineering, administrative and regulatory controls. Engineering controls include physical safeguards, intelligent facility design and construction for worker safety and personal protective equipment to protect workers from chemical, physical and mechanical hazards. To ensure that all cannabis products manufactured at the processing facility are done so in a manner that is compliant with local and state ordinances, the company has designed and will implement standard operating procedures for the operation of closed-loop extractors using volatile agents. Natural Supplements has adopted Standard operating procedure for the use and handling of the hazardous chemicals safely, including the amount and concentration used, special handling procedures, engineering controls and personal protective equipment. The Manufacturing premises will be maintained under positive pressure with respect to the adjacent anteroom and supplied with HEPA-filtered air to meet the ISO Class 7 standard for flow and particle count under static conditions.
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Concentrate Infusion:
Natural Supplements shall utilize distillate produced on site for infusion of a variety of cannabis edible and vaping products. Stainless steel and glass tables, vessels, trays, and utensils shall be utilized to maintain a sterile environment and prevent contamination of product during infusion. Specific methods and formulations for infusion will depend upon the product and recipe for manufacture. In no case shall Natural Supplements manufacture any edible cannabis product that is greater than 100mg THC per package or 10mg THC per serving, nor shall it produce any manufactured cannabis goods that exceed 1,000 mg THC per package.
All personnel involved with the handling and packaging of medical cannabis will wear proper lab coats, latex gloves, and hairnets.
Personnel will also be required to wash hands and exposed areas of the arm before beginning work, before and between glove use, and after using a toilet facility.
Gloves will be replaced after each pound of medical cannabis has been packaged, when beginning to package a different variety or shipment of product (to prevent cross- contamination), and every two-hours.
Prior to entering the packaging room, personnel must report any illness or personal health condition that might compromise the cleanliness or quality of handled medical cannabis.
The Packing and Labeling Agent will maintain a sanitation log with records retained for seven years (7).
Cultivation Activities: [Building B]
The primary activity in the operation of the commercial cannabis Cultivation businesses would involve the cultivation of 'flowering cannabis plants within the cultivation area, which are mature cannabis plants which produce cannabis 'flower' or 'buds', for wholesale to state licensed distributors, manufacturers, and retailers. Ancillary to the primary Cultivation activity would be the processing, packaging, and secure storage of finished 'cannabis flower' as well as constant maintenance of on-site security administrative functions including record keeping, correspondence, and interface with facility personnel. The transfer of cannabis cultivated on site would be facilitated by Natural Supplements complementary distribution operation proposed for All product transactions, including the physical transfer of cannabis goods, shall take place wholly within the employee only area of the secure facility site.
Hours of operation for Cultivation will be from 6:00am to 6:00pm.
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Typically there are three (3) stages involved in the cultivation phase including 1) Propagation; 2)Vegetation; and 3) Flowering.
The facility will be utilized primarily for flower production non-flowering cannabis plants sourced from Natural Supplements small on site Nursery Room, which would also be located in the Cultivation Premises.
Immature cannabis plants may also be sourced from licensed nurseries and placed into soilless, organic mediums which will facilitate the transfer of water and nutrients from the automated nutrient injection system to each individual plant.
During the cultivation process, Cultivation Technicians will monitor automated cultivation systems in each room. These systems will be comprised of 1,000-watt cultivation lamps, automated nutrient injection systems with irrigation lines running to each grow room where the plants will be fed, air-conditioning, dehumidification and ventilation systems, as well as Sonic Wave Harmonizers which stimulate the plants stomata, aiding plant growth. (50-Watt and 200- Watt Cultivation Lamps would be utilized in the Propagation and Vegetation in the event those processes are implemented on-site).
This process will also involve the repeated application of unique identifiers and recording of data During the cultivation process the Operations Manager will monitor the cultivation technicians, system as required by law during each shift.
1.Propagation-At the onset of the propagation stage, cultivation technicians would implant immature clones into a small organic medium comprised or rock-wool where, during a two week period the plantings will sit under 50-Watt lamps with eighteen (18) hours of light and six (6) hours of darkness to take root prior to the Vegetation stage. Propagation will take place within Grow Room 6.
2.Vegetation-At the onset of the vegetation stage, the same organic mediums with plantings intact would be placed by technicians into larger soil pots where, during a three to four-week period the immature plants will sit under 200-Watt lamps with eighteen (18) hours of light and six (6) hours of darkness as they develop more robust stalks to support themselves prior to the flowering stage.
3. Flowering-the flowering phase will take place during a seven to nine-week period where mature cannabis plants will sit under 1,000-Watt lamps with twelve (12) hours of light and twelve (12) hours of darkness, causing the plant flowers to bloom. Trellis infrastructure will be set up within these grow rooms to support the plants as they flower.
Ten days into the flowering phase, the plants will be pruned by the cultivation technicians to optimize plant health, yield, and quality.
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Grow Rooms
The Cultivation Facility will contain ten (10) 25x50 sq. ft. cultivation rooms. Each cultivation room will contain four (5) 4x40 square foot rolling tables upon which the cannabis plants will sit.
The interior of the cultivation rooms will be constructed with 4" insulated urethane panels with a baked-on USDA approved, White Enamel finish, meeting all California Title 24 Code standards.
Cultivation Lighting Layout
The cultivation lights inside of each grow room will be positioned directly above the rolling tables; one (1) light will be placed every five-feet running the length of each rolling table, for a total of twenty (36) lights per room.
Cultivation Lighting Wattage
50-Watt Lights would be used for Propagation; 200-Watt Lights would be used for Vegetation; and 1,000-Watt Lights will be used for Flowering.
Air Ventilation, Filtration and Odor Control
As the HVAC system provides artificial temperature control and air flow, fresh-air wall-ports, filtered ceiling ventilation hatches and industrial carbon filters provide a fail-safe to ensure temperature balance, constant air flow, and odor remediation in the event of an HVAC system failure.
Within each grow room, three (3) condensing units, and three (3) evaporators will be implemented to provide necessary cooling and dehumidification. 10-inch circular fans Coupled with industrial carbon filters will be utilized in each grow room, the Drying/Curing room, the Processing/Packaging Room, and the Safe Room to provide complete odor remediation such that there will be no detectable odor of cannabis outside of the building.
The following formula utilized to control air quality is as follows: Cubic Feet of Room Space % 3= Cubic Feet per Minute (CFM) of airflow necessary for internal odor scrubbing.
Power Source
PG&E shall be the utility provider for our source of power. The facility shall be equipped with a 300-Amp Panel with 3-Phase power distribution.
Chemical and Pesticide Storage Room
All pesticides and chemicals shall be stored within locked metal cabinets inside of the Processing Room. They shall be accessed only as necessary and returned to the cabinets and securely stored upon completion of application.
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Pest Management Plan
Natural Supplements shall employ an Integrated Pest Management (IPM) Plan that is compliant with both the Organic Materials Review Institute Standards as well as California Law. Natural Supplements IPM plan will include the following bio-insecticides, fungicides, bactericides, irritant washes, as well as mites and small arthropod predators to control and eliminate insects and microbiological threats to its cannabis crop.
Regarding the use of Pesticides on the premises Natural Supplements shall:
1. Use only properly labeled pesticides and comply with all pesticide label directions;
2. Store all chemicals in locked metal cabinets within the Pesticide Storage Closet in the Processing Room;
3. Immediately contain any chemical leak and clean up any spills;
4. Apply the minimum amount of product necessary to control the target pest;
5. Prevent any off-site drift;
Pesticide Application
During application of pesticides, Natural Supplements Cultivation technicians shall wear protective eyewear, a long-sleeved shirt and long pants, waterproof gloves, shoes and socks as well as National Institute for Occupational Safety and Health (NIOSH) compliant dust/mist filtering respirators.
Immediately following application of pesticides, Natural Supplements Cultivation Technicians shall wash thoroughly with soap and water. Contaminated clothing shall be washed before re- use.
Products List
1. Bio-insecticides-
a. Grandevo (Active Ingredients: Chromobacterium subtsugae strain PRAA4-1 and spent fermentation media)
b. Venerate (Active Ingredients: Heat-killed Burkolderia spp. strain A396 cells and spent fermentation media)
Bio-
three days for up to three weeks for preventative maintenance during the Vegetative stage.
2. Fungicide/Bactericide-
a. Defguard (Active Ingredients: Bacillus amyloliquefaciens strain D747) b. M-Pede (Active Ingredients: Potassium salts of fatty acids) c. Regalia (Active Ingredients: Extract of Reynoutria sachalinensis) D15
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d. Oxidate 2.0 (Active Ingredients: Hydrogen Dioxide; Peroxyacetic Acid) e. Triact 70 (Active Ingredients: Clarified Hydrophobic Extract of Neem Oil) f. Organocide (Active Ingredients: Sesame Oil)
every
three days for up to three weeks for preventative maintenance during the Vegetative stage.
3. Irritant/Washes-
a. (PM) Wash (Active Ingredients: 99.9% Water)
b. Prevasyn (Active Ingredients: Capsicum oleoresin extract; Garlic Oil; Soybean Oil)
Irritants/washes can be applied during any stage during a plants life cycle, and will be applied for preventative maintenance during the Vegetative stage.
4. Mite and Small Arthropods Predators-
a. Amblyseius Andersoni
b. Amblyseius) Californicus
c. Amblyseius) Fallacis
d. Phytoseiulus Persimilis
Mite and small Arthropod Predators will be applied during the Flowering stage upon any sign of infestation. To be used effectively, the Predators will be applied at a ten-to-one (10-1) ratio, that is ten (10) predators for every mite identified.
Cannabis Harvest and Processing
There are four (4) stages involved in the processing phase including 1) Harvest2)Trimming3) Packaging and 4)Labeling.
Harvest-Once the plants have flowered and are ready for harvest, cultivation technicians will remove the lar flowered plant stalks,
leaving the flowers, then transferring them to and hanging them in the Drying/Curing Room.
The harvested flower stalks will hang to cure for a period of five (5) to eight (8) days prior to the Trimming Stage. Once fully operational, one grow room will be ready for harvest every seven (7) to ten (10) days.
Cannabis Processing/Packaging Room
All cannabis processing, packaging, and labeling will take place exclusively within this area of the facility.
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2.Trimming-Once the flowers have cured on the stalk, they will be transferred from the grow rooms to the processing area where cultivation technicians will clip them from their stalks, and hand trim them to remove the finer leaves. This process will take two (2) to three (3) days following each room being harvested.
3.Packaging-Once fully trimmed, the cannabis flowers will be separated into different -sealed package to which a unique identifier will
be applied.
4.Labeling-Natural Supplements shall ensure that a label is physically attached to each packaged batch of cannabis stored on premises. The batch and package labels shall include the following:
a. Natural Supplements name and license number;
b. The date of entry into the Safe Room;
c. The unique identifiers and batch number associated with the batch; d. A description of the cannabis with enough detail to easily identify the batch;
e. The weight of or quantity of units in the batch; and f. The best-by, sell-by, or expiration date of the batch, if any.
During processing, the Operations Manager will monitor the cultivation technicians, advise them necessary during each shift.
Cannabis Waste Holding and Destruction
Upon accumulation of cannabis waste, such waste will be remediated by mixing it with the spent soil utilized for delivery of water and nutrients to individual cannabis plants. The soil and cannabis waste shall be co-mingled and grinded down to a uniform mixture, such that the cannabis waste is destroyed and unrecognizable from its original state. In the event a Natural Supplements finished cannabis flower batch is not fit for distribution, it shall be deemed cannabis waste and become subject to destruction and disposal.
Natural Supplements shall dispose of cannabis waste in a secured waste container located within this room in the Processing Room. As organic waste accumulates on site, Cultivation Technicians will be responsible for collecting, remediating and placing said waste into the container. Once the container has reached capacity, the organic waste will be transferred by select Cultivation Technicians to an off-site waste disposal facility. All cannabis waste will be identified, weighed, and tracked, both while on premises and at the time of disposal.
The Operations Manager will be responsible for monitoring the collection and disposal of waste, Supplements shall maintain comprehensive records regarding cannabis waste that accounts for, reconciles, and evidences all activities related to the generation or disposition of cannabis waste.
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Track and Trace
Natural Supplements shall report in the track-and-trace system changes in disposition for any cannabis plants on premises, any cannabis product transfers associated with the facility, as well as the disposition of any cannabis waste. All changes in disposition shall be reported within three (3) business days of the change in disposition of the cannabis plants. Changes in disposition of cannabis plants include but are not limited to:
a. Flowering;
b. Destruction or disposal;
c. Harvest;
d. Processing;
e. Storage; and
f. Packaging.
Account Manager
Pursuant to its track-and-trace obligations, Natural Supplements shall designate its Operations Manager as the 'track and trace account manager' to serve as the primary responsible party for data entry and reporting. The Operations Manager shall complete track and trace system training prior to the facility becoming operational, shall designate track and trace system users as needed, and be responsible for user training regarding the proper and lawful use of the system before users are permitted access to the track and trace system.
Natural Supplements shall maintain an accurate list of all track-and-trace account managers and users and shall immediately update the list when changes occur.
Any data erroneously entered in the system shall be corrected within three (3) days of discovery of the error. In the event Natural Supplements loses access to the track and trace system, it shall prepare and maintain comprehensive records detailing all required inventory tracking activities conducted during the loss of access. Once restored, all data manually recorded shall be entered in the track and trace system. The time of loss and restoration of track and trace system access shall be recorded. Natural Supplements shall not transfer cannabis to a distributor until access to the track and trace system is restored with all manual recordings updated in the system.
Information subject to Reporting
Information to be entered in the 'track and trace system' related to each transfer of cannabis shall include but not be limited to:
1. Natural Supplements name, business address, and department issued license number as seller;
2. The name, business address, and department issued license number of the purchaser;
3. The name and department issued license number of the distributor; D18
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4. The date of sale, transfer or receipt (month, day and year). The date of any sale, transfer or receipt of cannabis or non-manufactured cannabis products shall be the date of transfer to the licensee receiving it;
5. The weight or count of individual units of cannabis or non-manufactured cannabis products sold, transferred or received;
6. Estimated departure and arrival time;
7. Actual departure time;
8. Description for each item including strain or cultivar, and all applicable information below:
a. Plant;
b. Flower;
c. Leaf;
d. Shake;
e. Kief; and
f. Pre-rolls.
9. UID(s).
Cannabis designated for distribution into the Medicinal and Adult Use Markets, respectively, shall be appropriately labeled according to its product license designation, shall be stored in separate storage containers within Natural Supplements Inventory Safe Room, and shall not be commingled.
Unique Identifier Device(s) (UID)
A Unique Identifier Device (UID) shall accompany all cannabis plants throughout the growing cycle to harvest.
A UID shall be applied to each individual cannabis plant at the time the plant is moved to the designated 'canopy area'. The UID shall be kept free of dirt and debris, and attached to the main stem at the base of each plant using a tamper evident strap or zip tie in a position so it would be visible and within clear view of an individual standing next to it. Natural Supplements shall not remove a UID from any mature plant until the plant is harvested, destroyed or disposed.
System Reconciliation
In addition to physical inventory reconciliation against facility records, Natural Supplements shall reconcile its physical inventory against records contained in the track and trace system at least once every 14 days. In the event a discrepancy is identified, Natural Supplements shall immediately notify licensing authorities.
Record Keeping
Natural Supplements will maintain the following records on premises including but not limited to:
1. All Cultivation Permits and licenses;
2. Cultivation Plans;
3. All records evidencing compliance with environmental protection measures; D19
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4. All supporting documentation for data or information input into the track-and-trace system;
5. All unique identifiers (UID's) assigned to product in inventory and all unassigned UID's. UID's associated with product that have been retired from the track-and-trace system shall be maintained for six (6) months after the tags are retired;
6. Financial records including but not limited to bank statements, tax records, sales invoices, and sales receipts;
7. Personnel records, including each employee's full name, social security, or tax ID number, date of beginning employment, and date of termination of employment where applicable;
8. Records related to employee training for the track and trace system including the date(s) training occurred, description of the training provided, and the names of the employees that received the training;
9. Contracts with other state licensed cannabis businesses;
10. Security Records;
11. Records associated with the disposal of cannabis waste;
12. Documentation associated with any loss of access to the track-and-trace system; Inventory Control and Record Keeping
In addition to utilizing Metrc for purposes of tracking and reporting commercial cannabis inventory and transactions as required by the State, Natural Supplements shall maintain an in- house inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products it intends to place into the commercial market for all stages of the growing laboratory testing and distribution processes until purchase as set forth under MAUCRSA.
Natural Supplements shall maintain such books and records in an electronic format detailing all revenues and expenses of the business, as well as its assets and liabilities. Such records will include monthly statements detailing the number of sales under each permit, respectively, including gross receipts for each month and all applicable taxes paid or due to be paid. Such records shall also demonstrate that all cannabis is provided only to other locally and state permitted and licensed cannabis operations.
Sales and Invoicing
Natural Supplements shall prepare a sales invoice or receipt, along with an electronic manifest for every sale or transport of cannabis product to another licensee.
Each sales invoice shall include:
1. Natural Supplements name, business address, and license numbers;
2. The purchaser's name, business address and license numbers;
3. The date of sale or transfer to the licensee receiving the cannabis product;
4. An invoice or receipt number;
5. The weight or quantity of cannabis product sold;
6. A description for each item including strain or cultivar; D20
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7. The signature of the Natural Supplements representative authorized to make the sale or transfer acknowledging the accuracy of the cannabis products being shipped;
8. The signature of the purchaser or designated representative, acknowledging receipt or rejection of the cannabis product.
Reporting and Tracking of Product and of Gross Sales
Natural Supplements shall maintain a point of sale and inventory management and tracking system to track and report all aspects of the commercial cannabis activity in which it engages, including tracking product, inventory data, and gross sales (by weight and by sale).
Conformity with Local and State Law
The owners, operators, and employees of Natural Supplements shall certify and ensure that all Commercial Cannabis Activity will, at all times, be conducted in a manner compliant with all applicable state and local laws, any subsequently enacted state law or regulation, licensing or certification requirements, any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a Commercial Cannabis Use Permit, as well as any requirements of the City of Antioch and Contra Costa County related to the operation of the commercial cannabis business on Site.
Consistency with City of Antioch General Plan
Cannabis is considered an Agricultural Product by the State of California with licensing and regulatory oversight provided by the California Department of Food and Agriculture.
Accordingly, the Retail, Distribution, Manufacturing and Cultivation activities on-site would be consistent with the City of Antioch General Plan, (Planned Building Center).
Finally, the proposed parking and landscaping meet City criteria for the intended uses, all of which shall utilize proposed structures on site.
Considering all business activity will take place wholly within proposed facility structures on site, with ample parking for the intended use, ample landscaping coverage as well as the aforementioned security gate, personnel, infrastructure and protocols to be implemented, the proposed use will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the use, and will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
Property Owner List
1. JKC3H8 (Sole Owner)
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(Supplemental) Operating Partner/Consultant
Natural Supplements has entered into an agreement in principle with Lyfted Farms, Inc. a State Licensed Cannabis Cultivator and Distributor operating out of Stanislaus County, for consulting and management services to assist in the startup and operation of its Cultivation, Manufacturing and Distribution Premises.
Background
Lyfted Farms (Lyfted), a California S-Corporation doing business in Stanislaus County as a State licensed Commercial Cannabis Cultivator (CCL18-0000289), Nursery (CCL18-0000294), and Distributor (C11-0000624-LIC) operating under Development Agreements executed with Stanislaus County (UP DA PLN 2018-0094; UP DA PLN 2018-0094), and among the first in the State to receive its annual cultivation licenses from CDFA. Lyfted, resulting from its many years of experience in the cannabis industry and commitment to excellence in its operation, produces a top-quality product that is highly sought after in the commercial cannabis consumer market, with demand exceeding its current production capacity at its existing cultivation facility.
Operating Experience
Lyfted Farms is the first commercial cannabis operator to have been permitted for Cannabis Operations by the County of Stanislaus, having been approved in January 2019 for Use Permits and Development Agreements for the Operation of its Cultivation, Nursery and Distribution facilities located at 5271 and 5266 Jerusalem Ct. in Modesto, CA. Notably, Lyfted was allowed to continue and transition its non-profit collective cannabis operations through the County's initial application and approval process, and has been an active participant in California's Commercial Cannabis Market since January 2018 following receipt of temporary State licenses to operate. Notably, Lyfted has recently been recognized by world renowned Forbes Magazine for the quality and desirability of its products:
[https://www.forbes.com/sites/warrenbobrow/2019/06/18/lyfted-farms-not-just-cannagars/ - 6aabaa65dbad]
More recently, following a secondary commercial cannabis application process in Stanislaus County, on December 21, 2019 received the unanimous recommendation of approval from the Stanislaus County Planning Commission to the Board of Supervisors for the operation of the Daly Facility, 196,000 square foot industrial facility designated for large scale cannabis cultivation, manufacturing, and distribution. Following anticipated approval by the Stanislaus County Board of Supervisors, this facility will be improved to Lyfted's custom specifications, and operated as one of the largest facilities of its kind anywhere in the State. The recommendation comes a full year into Lyfted operating under existing Development Agreements with Stanislaus County, serving as an acknowledgment of Lyfted's successful track record as well as collaborative relationship Lyfted had established with the County.
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Natural Supplements Management and Consulting Services agreement with Lyfted Farms encompasses, facility design, staffing, administration, operating protocols contract labor, and operations management. As a startup company, Natural Supplements will be extremely well apprised of the experience and knowledge possessed by Lyfted Farms, one of the State's most successful and rapidly expanding operators.
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Neighborhood Responsibility
Plan
Natural Supplements site and operation shall be maintained in such a way as to ensure it is not a disturbance to neighbors or the surrounding community.
Maintenance of General Character of Structures and
Improvement of Aesthetic quality
First, Natural Supplements shall utilize design elements and materials in construction that will compliment and maintain the general character of the surrounding area. Further, Natural Supplements shall provide customer and employee parking in an off-street parking lot with integrated landscaping to maximize the facility's capacity and aesthetics as well as to accommodate the storm water drainage system. There shall be no exterior signage indicating the nature of the commercial cannabis business.
Daily Inspection and Maintenance
Further, parking lot and exterior premises will be inspected daily by Natural Supplements staff to ensure that it is free of any litter, graffiti or debris. Employees as well as customers and vendors transacting business at Natural Supplements shall be prevented by security staff from consuming any tobacco, alcohol, or cannabis products at or near the facility. Further, such individuals shall also be prevented from engaging in disruptive conduct such as aggressive or abusive language or behavior, playing music or stereo systems at an unreasonably loud volume, littering, or vandalizing property.
Community Liaison
Natural Supplements shall provide the name, telephone number, and email address of a community relations contact to whom notice of any problem associated with the facility can be directed. Natural Supplements shall also provide the above information to all businesses and residences located within 100 feet of the facility and make the information available online to the general-public.
Community Involvement
Natural Supplements shall designate an owner or representative who shall attend meetings with the City, and other interested parties, as requested by the City, to discuss costs, benefits, and other community issues which may arise from the operation of commercial cannabis businesses in the City.
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Following approval from the City of Antioch, Natural Supplements shall develop or contribute to a City approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and identifies resources available to youth related to drugs and drug addiction which may include:
Community Meetingsprior to commencement of business to educate the community and field questions and concerns related to the businesses operation, security and personnel.
Employee and Vendor Track and Trace Training Clinicsto Ensure Regulatory Compliance and Non-Diversion of Cannabis out of the regulated chain of distribution.
Community Workshopsto educate consumers regarding responsible consumption and storage or products
Neighborhood Watch Meetingsto ensure the business is not creating public safety threats, and for collaboration with law enforcement, nearby businesses and neighborhood residents to improve overall community safety.
Crime Prevention
Finally, Natural Supplements shall engage with law enforcement to identify and provide any assistance in the City's effort to eliminate illegal cannabis operations in the City.
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Odor Mitigation Plan
Natural Supplements shall protect the health and well-being of its personnel as well as that of the community at large by preventing the odor of cannabis on-site from creating a negative impact.
Accordingly, Natural Supplements has designed the following Odor Control Plan to mitigate against such a nuisance:
Building A shall be equipped with a 20-Ton Commercial HVAC system to provide constant air ventilation for customers, employees, visitors, and third party vendors. All cannabis products provided to customers for retail shall be contained in sealed, tamper- evident, smell proof packaging prior to leaving the facility; Furthermore, areas housing bulk cannabis product, or utilized for the processing of cannabis products shall be equipped with industrial carbon filters which will scrub the interior atmosphere of all potentially offensive cannabis odor.
The Processing Rooms, and Cannabis Storage Room shall also be will be equipped with 14-inch filtered exhaust fans which will ensure no odor of cannabis emanates into the external atmosphere from within the facility.
Once effective odor control has been established, periodic testing shall be conducted to ensure that the odor control systems are operating to maintain the baseline. As the carbon filters and other air filtration equipment ages, they will be frequently monitored and replaced as necessary.
Finally, the Operations Manager shall inspect the interior and exterior of the facilities daily to verify the effectiveness of the odor control measures being utilized.
Air Filtration Systems
Our commercial HVAC systems shall be upgraded and customized with integrated HEPA and carbon filtration system to maintain a comfortable odor-free environment for all employees, customers, visitors and vendors.
Cultivation Facility Air Ventilation, Filtration and Odor Control Each Grow Room shall be equipped with its own 5-Ton HVAC unit. As the HVAC systems provide artificial temperature control and air flow, fresh-air wall-ports, filtered ceiling ventilation hatches, and industrial carbon filters shall provide a failsafe to ensure temperature balance, constant air flow, and odor remediation in the event of an HVAC system failure.
Within each grow room, three (3) condensing units, and three (3) evaporators will be implemented to provide necessary cooling and dehumidification. 10-inch circular fans Coupled with industrial carbon filters will be utilized in each grow room, the Drying/Curing room, the Processing/Packaging Room, and the Cultivation Storage Room to D26
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provide complete odor remediation such that there will be no detectable odor of cannabis outside of the facility.
The following formula utilized to control air quality is as follows: Cubic Feet of Room Space % 3 = Cubic Feet per Minute (CFM) of airflow necessary for internal odor scrubbing. (Note: Please see the Attached Odor Control Plan prepared by Sylvia Fontes, Certified Industrial Hygienist)
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Safety and Security Plan
Safety Plan
Emergency Numbers and Notifications
In the event of an emergency, Natural Supplements Personnel shall be trained to call 911as soon as possible from a safe location. Security and key personnel will assist until professional police, fire, or medical responders arrive.
Emergency Training and protocol will include a directive for the following information to be provided to on-site security or emergency dispatch in the event of an emergency:
Nature of the emergency;
Assistance needed;
Name of the caller and telephone number from which the call was made; Name of Company, and precise location on site from which the call was made.
Contact:
Direct line to on-site security: TBD;
California Highway Patrol (non-emergency): (925) 646-4980; City of Antioch PD: 911
Antioch Fire Department: 911
Natural Supplements CEO Joshua Baker: (209) 606-1016
Example:
"This is an emergency. (Describe the nature of emergency.)"; "I need (ambulance/police/fire) assistance.
"I am at Natural Supplements located at 2110 Wilbur Avenue in Antioch" "I am in (room or office area)."
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Fire Prevention and Suppression
Based on the nature of the proposed use for retail, distribution, cultivation, and manufacturing in a Class 1 Division 1 Extraction Room, the risk of a fire hazard occurring is minimal.
Notwithstanding the minimal risk, to protect against these potential hazards, both Building A and Building B will be equipped with a fire sprinkler system with wet pendent heads throughout.
Furthermore, fire extinguishers will be mounted at several points throughout each facility structure.
In the event of a fire, Natural Supplements personnel shall be trained to:
ALERT others by activating one of the manual fire alarm pull stations throughout the facility, and direct them to begin immediate evacuation.
REPORT the fire to 911 and Natural Supplements Management at (209) 606-1016 as soon as possible from a safe location.
ATTEMPT TO EXTINGUISH the fire only if trained and feel comfortable doing so.
Do not attempt to extinguish a fire which is larger than a trash can. Always leave a good escape route from the area while attempting to extinguish the fire. If the fire cannot be safely and quickly contained, leave the area immediately and close all doors upon exit.
EVACUATION: During business hours, security and key personnel will assist with a quick and orderly evacuation, search of the facility, and assist disabled customers, vendors, and staff members. Upon evacuation, proceed to the parking lot, which will serve as the designated evacuation area.
Treat all alarms as an emergency.
Once outside of the building, stay clear of the structure to avoid falling glass, or flaming ash and debris emanating from the fire.
If you must move through smoke, heat and fumes, drop to your hands and knees, take short breaths through your nose, and crawl to an exit by staying in contact with an outside wall.
Following an outside wall will lead to an exit. The air will be best near the floor since the heat, fumes, and smoke rises.
Do not open hot doors! Feel doors at the top, the door handle or frame with the back of your hand before opening. If the door is hot, don't open it! If the door is cool, open the door slowly and stay behind the door, ready to close it if necessary. Close the door immediately after entering or exiting.
ISOLATE the fire by closing all doors behind you as you exit.
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AUTHORITY in a fire or other emergency rests with the City of Antioch and Contra Costa Fire Departments and other emergency responders, and with Natural Supplements Management.
Hazardous Materials Spill
In the event of hazardous materials incidents:
REMAIN CALM
IMMEDIATELY EXIT THE AREA
DO NOT ALLOW OTHERS INTO THE AREA. Do not attempt to contain or clean up the spill unless you have been trained and have all proper safety, disposal, and personal protective equipment.
NOTIFY SECURITY.Give as much detailed information as you can about the nature of the spill. Security will call California Poison Control Authorities at 1-800-222-1222.
REFER to Material Safety Data Sheet (MSDS) if possible.
FOLLOW INSTRUCTIONS of Fire Department personnel and/or Security/Natural Supplements Management, when they arrive.
Medical Emergency
In the event of a medical emergency:
Remember that it is best to err on the side of caution. If a person is experiencing significant distress, call for professional assistance immediately.
CALL 911. Give the following information:
Nature of medical emergency;
Exact location and name of the sick or injured person and age; What type of assistance is needed or is being provided; Your name and contact phone number;
Stay on the phone until the dispatcher has all the information needed and releases you;
Ambulance should arrive at 2110 Wilbur Avenue.
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CALL SECURITY. Security will contact Natural Supplements Management, and follow up with emergency responders as necessary to arrange escort paramedics to your location.
NOTIFY individuals trained in CPR and First Aid that may assist until emergency responders arrive. Take all reasonable precautions to prevent disease transmission.
Assign someone to wait at the facility entrance to assist responding medical personnel in finding location of person(s) needing medical attention.
Do not move victims if you suspect back or neck injuries. Assess victims for airway, breathing, circulation, and possible injuries before administering any sort of aid. Keep the person warm and comfortable. You should also offer to call a family member or friend for assistance/support, or notification.
Workplace Violence
In the event of a violent incident in the workplace or there is a threat to your safety or the safety of another person:
CALL 911.
RELAY ALL KNOWN INFORMATION: Exact location, nature of the situation, brief description of subject(s) involved, injuries. Stay on the phone until the dispatcher releases you.
USE COMMON SENSE to safeguard yourself and others; do not engage in unnecessary attempts at intervention.
Earthquake
In the event an earthquake strikes:
Drop, Cover and Hold! Get under a sturdy structure such as a desk or workstation and remain there until the earthquake subsides. In a hallway, kneel with your back against the wall. Cover your head with your arms and tuck down to your knees.
Keep as calm as possible.
If inside, stay inside. If outside, stay in the open, away from the building, overhead power lines, or any other objects at risk of falling. Do not rush to the exits.
Keep away from windows or objects that are likely to fall.
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Stay under cover until it appears the earthquake is over. Be prepared for aftershocks.
Report any damage/injuries to emergency responders by calling 911as soon as possible.
Notify Natural Supplements Management. Give whatever assistance you can to injured or disabled people. Use common sense and keep safety as a top priority when attempting to search and rescue.
Follow instructions given by emergency personnel.
Bomb Threat
In the event of a bomb threat:
Assume that any bomb threat is a real danger to occupants and property. Be calm and courteous.
Listen and do not interrupt the caller. If possible, ask someone else to notify securitywhile the caller is on the line. If a device is spotted a runner should be sent to notify security immediately.
Questions to ask if possible:
When is the bomb going to explode?
Where is it right now?
What does it look like?
What kind of bomb is it?
What will cause it to explode?
Did you place the bomb?
Why?
What is your name?
Take Note of:
Whether the callers voice is male/female, age approximation; Tone of Voice and Language used;
Background noises;
Any other remarks.
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Carefully make a visual survey of your immediate working space. If you see/hear anything unusual, DO NOT TOUCH; report it to security immediately. Follow any instructions for evacuation by security, or emergency responders.
Blackouts
In the event of a blackout:
Emergency location: Employees should not evacuate the building unless instructed to do so by Security or Natural Supplements Management.
Accessibility issues: Plan for accommodating employees who have limited mobility to ensure they will be able to move about or relocate their workspace to an area where risk can be avoided.
Protection of equipment: Turn off power supplies, surge protectors, power strips etcetera to protect electronic equipment when the electricity is turned back on.
Emergency Backup: Ensure that any backup generator sources are tested and readily available to power critical equipment. In the case of battery operated devices, batteries should be checked and fully charged.
Contact lists: Ensure that your agency or department's phone trees are current and that a complete and continuously updated list of emergency contacts is distributed, as appropriate.
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ATTACHMENT E
E1
E2
E3
E4
CITY OF ANTIOCH
PLANNING COMMISSION
REGULAR MEETING
Regular Meeting June 16, 2021
6:30 p.m. Meeting Conducted Remotely
The City of Antioch, in response to the Executive Order of the Governor and the Order of the Health Officer of Contra Costa County concerning the Novel Coronavirus Disease (COVID-19), held Planning Commission meetings live stream (at https://www.antiochca.gov/community-development-department/planning- division/planning-commission-meetings/.). The Planning Commission meeting was conducted utilizing Zoom Audio/Video Technology.
Chairperson Schneiderman called the meeting to order at 6:30 P.M.on Wednesday, June 16, 2021. She announced that because of the shelter-in-place rules issued as a result of the coronavirus crisis, tonight's meeting was being held in accordance with the Brown Act as currently in effect under the Governor’s Executive Order N-29-20, which allowed members of the Planning Commission, City staff, and the public to participate and conduct the meeting by electronic conference. She stated anyone wishing to make a public comment, may do so by submitting their comments using the online public comment form at www.antiochca.gov/community-development-department/planning-division/planning- commission-meetings/. Public comments that were previously submitted by email have been provided to the Planning Commissioners.
ROLL CALL
Present: Commissioners Motts, Parsons, Riley, Gutilla, Vice Chairperson Martin and Chairperson Schneiderman
Absent: Commissioner Barrow (arrived at 6:38 P.M.)
Staff: City Attorney, Thomas Lloyd Smith
Associate Planner, Kevin Scudero
Associate Planner, Zoe Merideth
Associate Planner, Jose Cortez
Community Development Technician, Hilary Brown
Minutes Clerk, Kitty Eiden
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS - None
CONTINUED PUBLIC HEARING
ATTACHMENT F
F1
Planning Commission
Regular Meeting
June 16, 2021 Page 2 of 12
2. Deer Valley Estates Project Deer Valley Estates Project (PD-19-03, UP-19-12, AR- 19-19) -- The applicant, Blue Mountain Communities, requests certification of an Environmental Impact Report and approval of the following entitlements: Vesting Tentative Map, Final Development Plan, Use Permit, and Design Review for the Deer Valley Estates Project. The project would subdivide two undeveloped parcels totaling
37.56 acres to construct 121 new single family homes along with new infrastructure, parking, detention basins, lighting, landscaping, and a private park. The Project is located at 6100 Deer Valley Road (APNs 055-071-026 and 057-022-013). An Environmental Impact Report (EIR) has been prepared pursuant to the California Environmental Quality Act (CEQA).
Associate Planner Merideth presented the staff report dated June 16, 2021 recommending 1) Adopt the resolution in Attachment A recommending certification of the Deer Valley Estates Project Environmental Impact Report, adopting findings of fact and statement of overriding considerations, and adopting the mitigation monitoring and reporting program. 2) Approve the resolution recommending that the City Council approve a Vesting Tentative Subdivision Map, Final Development Plan, Use Permit, and Design Review subject to conditions of approval (PD- 19-03, UP-19-12, AR-19-19).
In response to Vice Chair Martin Associate Planner Merideth stated that the applicant may be able to describe what was in the pipelines and noted easements were called out on the project plans. She commented when this item was before Council previously, it was noted in the minutes that they were working to relocate the pipelines; however, there were no entitlements or conditions for this project that would require the pipeline to be moved. She explained that there were conditions of approval that Wellness Way would be used as the construction route for this project as opposed to the neighborhood streets. Additionally, there was a condition of approval that improvements to Wellness Way needed to be completed prior to the first building permit for this project. She confirmed the applicant would be installing a wood fence because it was on a property line with existing fences.
Commissioner Barrow arrived at 6:38 P.M.
In response to Commissioner Parsons, Associate Planner Merideth explained the main entrance to the project was on Wellness Way.
In response to Commissioner Gutilla, Associate Planner Merideth explained the alternate planning process was a twostep process where the applicant goes through the master development plan/planned development rezone and then they come back for the final development plan. She added the General Plan designation for this site was low density housing and this application maintained that zoning.
Commissioner Gutilla mentioned if the density did not change maybe the City should have addressed some of the affordability goals by keeping the density and requiring a certain percentage of the homes to be duplexes or zero lots and she believed an HOA community was a good opportunity to implement some of these types of homes.
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In response to Commissioner Gutilla, Theresa Wallace, LSA, confirmed there was a bike lane on the east bound direction of Wellness Way. Ambarish Mukherjee, LSA, Traffic Consultant, added that this project would be constructing a bike lane on their side. He noted they looked at the queues for the driveways for Kaiser and the project and determined they would operate satisfactorily. He further noted that 90% of traffic would use Wellness Way onto Deer Valley Road for access to the project and the remaining 10% would use the residential streets to travel to the school. He stated bicyclist would be able to maneuver safely into the development. He explained that traffic at Lone Tree Way and Deer Valley Road would operate at an unsatisfactory level even if the project were not built and the only thing that could improve the situation would be improving the signal timing. He agreed that traffic calming measures could be utilized to deter the use of the residential streets for access to this neighborhood; however, it would require a collaborative effort between the applicant, City, and residents in the area.
Commissioner Gutilla believed there should be a congruent naming system for the streets with the existing neighborhood and questioned why they were changed from the Native American theme previously proposed.
In response to Commissioner Gutilla, Associate Planner Merideth explained the applicant proposed the names and they were reviewed by engineering staff who sent it to outside agencies for review to ensure they are not duplicated and easy to understand for emergency radio traffic.
She noted this was a separate neighborhood from the one to the north and they were independent names. She reported the previous project for this site had the pipeline running through in backyards and the plan now had a trail over the pipeline. She explained that there was not an entitlement that stated the pipeline must be removed and the past meeting minutes, which was the record they have for the previous project, indicated that the applicant was in discussions with removing the pipeline; however, it did not indicate that an agreement had been made. She added that a CEQA document reviewed environmental concerns for the project and there were safety measures in place from a state and federal level regarding the pipelines. She noted the gate at the park was added to increase privacy for the neighborhood. She further noted there were conditions of approval regarding the maintenance of the common areas owned by the HOA.
In response to Commissioner Motts, Associate Planner Merideth confirmed that all of the streets to the north connect through to the proposed site and the majority of the traffic would be on Wellness Way. She noted they looked at access and street design as part of the review of this project.
Commissioner Motts suggested speed tables for the neighborhood to the north to prevent traffic from filtering through the existing neighborhood.
Chairperson Schneiderman opened the public hearing.
Mike Harlan, Deer Valley Estates, gave a PowerPoint presentation which included; Deer Valley Estates Area Map, Site Plan, Setback Program, Architectural Overview, Proposed Park Redesign, Park Design Comparison, Response to Neighbor Comments and Traffic Study.
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In response to Chairperson Schneiderman, Mr. Harlan stated that he believed these houses would be attractive to 60% mature buyers and 40% being mid-thirties to mid-forties. He noted their target would be hospital employees and currently they projected the price starting just under $700k.
Chairperson Schneiderman stated she liked the larger lots and layout of the project.
In response to Commissioner Gutilla, Mr. Harlan explained that the park design was revised after the Parks and Recreation Commission provided their review and prior to his involvement in the project. He noted the people previously involved did not understand the City ordinance and he felt there was an opportunity to improve the park design by bringing elements that would qualify it for fee credits and make it more valuable to the community. He confirmed the new design eliminated the trail. He stated if the City wanted a gate installed it could be explored with staff.
Commissioner Gutilla stated that she preferred that there be no gate to eliminate foot traffic in the area.
In response to Commissioner Gutilla, Associate Planner Merideth confirmed that Wellness Way dead ends at the Kaiser property, which was why there was one entrance to the property. She noted there was an easement so the Oneida Way option was available should it become necessary in the future. She further noted the project on the backside of Kaiser would not connect through to Wellness Way.
Commissioner Gutilla expressed concern regarding plants proposed in the landscaping plan because they were listed as invasive species or had a high potential for being invasive.
Mr. Harlan explained that they were at the conceptual stage of the project and would be open to suggestions for the landscape plan. He reported homeowners could purchase or rent solar systems and they would be included and would be orientated to capture as much of the sun as possible. He stated they do not install gray water diversion due to warranty issues and potential contamination. He noted they typically offered EV charging as an option. He further noted they did not plan the project to be electric only and they preferred not to revise their plans to eliminate gas. He commented that these homes would not have fireplaces.
Commissioner Parsons stated she believed there should be another access point to the project from Wellness Way.
David Yatabe, Consultant Traffic Engineer, explained that the Oneida Way easement was the potential option for the second connection to Wellness Way.
Jon Crawford, Consultant Traffic Engineer, reported there was a concern that if they opened access from Oneida Way to Sand Creek, people would use it and cut-through the Kaiser project.
He noted there was no safety concerns related to one access to the project from Wellness Way since there would be areas to the north to exit in the event of an emergency.
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In response to Commissioner Parsons, Mr. Harlan stated he believed natural gas was flowing through the pipelines.
Commissioner Parsons expressed concern that the pipeline had not been moved.
Mr. Harlan responded that they designed the site so it would not be impactful to people immediately adjacent to the pipeline.
Vice Chair Martin expressed concern that the pipeline belonged to Kinder Morgan who had a reputation for not maintaining pipelines in neighboring cities. He stated he was not happy they had an easement through this project and there was natural gas in the pipeline. He noted there was a potential for a catastrophic failure within the area. He questioned if the applicant was willing to work with them to relocate the pipeline. He reported part of the consideration of this project related to the health and safety of the community and this issue was a concern.
Mr. Harlan explained that typically the pipelines were owned by the company, and they were happy with their location so if the Planning Commission wanted them relocated, Blue Mountain Communities would be financially responsible, and it would probably require tearing up Deer Valley Way, Wellness Way and could potentially impact Kaiser property. He stated he believed they designed a project to mitigate the situation and he understood the Commission’s concerns and noted they would be careful. He offered to discuss relocating the pipeline with the owners and noted that he could not commit to relocating the pipelines.
Vice Chair Martin commented that lot #96 had a pipeline that terminated halfway through the lot so a house would be located on an easement.
In response to Vice Chair Martin, Mr. Harlan stated that they would inform perspective homeowners that ambulances utilized Wellness Way and Kaiser had a heliport. He responded that the easement on lot 96 was to be quitclaimed and go away.
Associate Planner Merideth agreed that the easement would be quitclaimed, and it would not exist when the homes were developed.
In response to Commissioner Riley, Associate Planner Merideth confirmed that Kaiser owned the property where Wellness Way ended.
Commissioner Parsons stated if the City wanted a subdivision behind Kaiser, staff needed to request Kaiser extend Wellness Way. She noted she could not vote to approve the project because she believed there were not enough access points to be safe.
Mr. Harlan responded there was also a 25-foot easement and a 60-foot-wide offer of dedication for Oneida Way to go through should Kaiser continue Wellness Way and there were four connections to the north and one connection to the south. He noted there were many ways to get into the project in the event of an emergency and staff had looked at that in detail and it was their conclusion as well.
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The following public comment was made by an individual utilizing Zoom Audio/Video Technology.
Bree Simonsen stated that if Piute Way was opened up, she believed speed bumps would be necessary to deter traffic. She voiced her support with having no homes or walking paths behind her residence. She reported many residents in her neighborhood attended a community meeting in 2019 and they voted in support of a soundwall to be built and noted they had concerns regarding the wall height because their homes stand taller than the current ground level behind their houses. She questioned who was responsible for installing the fence/soundwall and noted the majority of concerns were related to security and durability. She noted they were concerned these homes would block their current views decreasing their property values. She expressed concern that they would be constructing homes adjacent to the pipeline which could be hit during the process.
Kathy read her email asking the Planning Commission to vote no in regard to approving the EIR conducted during a pandemic, noting the results were inaccurate due to individuals required to stay home with their children.
Chairperson Schneiderman closed the public hearing.
In response to Commissioner Gutilla, Associate Planner Merideth reported staff had not changed the mitigation measures for the biological resources requested by the applicant in their letter dated May 20, 2021.
On motion by Vice Chair Martin, seconded by Commissioner Motts the Planning Commission adopted the resolution recommending certification of the Deer Valley Estates Project Environmental Impact Report, adopting findings of fact and statement of overriding considerations, and adopting the mitigation monitoring and reporting program. The motion carried the following vote:
AYES: Motts, Barrow, Martin and Chairperson Schneiderman NOES: Parsons, Gutilla
ABSTAIN: Riley
ABSENT: None
Commissioner Motts stated that he believed removal of the pipeline was a bigger discussion for cities and regions and not an issue that could be addressed by the developer. He noted they could recommend Council look at this issue within purview of this project.
Vice Chair Martin expressed concern that the pipeline issue was brought forward in 2007 and nothing had resulted. He stated he believed this project with a pipeline running it through had the potential to be a detriment to the health and welfare of the City of Antioch and houses should never be built around pipelines. He noted that he believed a second access point for this project was necessary and the potential future access off Oneida Way was problematic. He stated he liked the design and variety of the houses being proposed. He noted this area was zoned for F6
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single family residential so views for the existing neighborhood would be impacted. He further noted the City was required by the State to produce a certain number of units.
Commissioner Motts stated he believed the City needed to address the location of pipelines in Antioch and noted with the movement to renewable energy the pipelines would not need to carry natural gas. He reiterated that he would support recommending the City Council review where the transmission lines were located and how they could be changed going forward. He noted traffic calming measures may slow emergency response; however, he felt they may be necessary to prevent sideshow and speeding through the neighborhoods.
Commissioner Parsons stated there were concerns in 2003 regarding the pipelines and something should have been done to better protect residents. She noted that she did not want the pipeline built on and it needed to be revisited. She reiterated that the project needed two access points from Wellness Way for the safety of the residents.
Chairperson Schneiderman stated she did not know how to evaluate the safety of the pipelines and suggested staff research and assess the risk.
Mr. Harlan commented that he had looked into the pipelines and it looked like it was not natural gas but an oil pipeline.
Chairperson Schneiderman stated she believed the subdivision was well laid out and the designs were beautiful and there were large lots. She suggested the Parks and Recreation Commission, or staff review the revised park design proposed this evening.
Commissioner Gutilla stated she wanted to know what the pipelines were for and whether they were active.
City Attorney Smith explained that the Planning Commission could motion to table and then describe the information they wanted staff to bring back to the Commission.
A motion was made by Commissioner Gutilla and Commissioner Parsons seconded the motion to table the Deer Valley Estates Project until staff returned with a report on the following items:
Make certain the Maidenhair Trees are male only ginkgo trees Remove and replace Dwarf fountain grass, red fountain grass, Berkley sedge and cotoneaster plants
Remove and replace Chinese Elm, Chinese pistache and London plane trees Traffic Calming Measures to discourage through traffic for the existing subdivision The addition of a condition of approval addressing Solar Move the homes to electric and solar only
Park amenities included in the final plans for the project Discussion ensued regarding the previous motion with Associate Planner Scudero responding that solar on homes was a California building code requirement.
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Commissioner Gutilla responded that Sacramento was finding ways for developers to work around that by providing community-based solar which did not save homeowners as much money.
Associate Planner Scudero responded that if a developer proposed community solar it would have to be approved by the Planning Commission and he did not believe this applicant was proposing that option. Secondly, traffic calming in the new development could be looked at by the engineering staff; however, the City had a traffic calming policy so he did not believe it could be required through this process because it required consent of homeowners.
Commissioner Gutilla suggested looking at traffic calming at the connection points on the new development side of Piute Way, Mojave Way and Oneida Way.
Associate Planner Scudero responded staff could look into that option. With regards to landscaping, he noted the Planning Commission had the discretion to revise the landscape plan.
Associate Planner Merideth commented that the park plan proposed this evening by the applicant was not part of the project plans. She noted the project plans as proposed went through the process outlined in the Municipal Code and were included in the staff report this evening. Furthermore, there were recommended conditions of approval that the design of the park and the park in-lieu fee return to the Parks and Recreation Commission prior to obtaining a building permit.
Commissioner Gutilla withdrew her motion and Commissioner Parsons withdrew her second.
On motion by Commissioner Gutilla, seconded by Commissioner Parsons the Planning Commission unanimously tabled the matter and directed staff to return to the Commission with reports on the following:
Pipeline concerns
Traffic calming measures
Landscape revisions – to include only male gingko Maidenhair Trees and eliminate dwarf fountain grass, red fountain grass, Berkley sedge or cotoneaster, Chinese elm, Chinese pistache and London plane trees
Solar requirement as a condition of approval
Switching the project from natural gas to electric
Requiring two entrances to the project from Wellness Way The motion carried the following vote:
AYES: Motts, Parsons, Barrow, Riley, Gutilla, Martin and Chairperson Schneiderman
NOES: None
ABSTAIN: None
ABSENT: None
NEW PUBLIC HEARING
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2. UP-20-01, AR-20-01 – Natural Supplements– The Applicant, JKC3H8 requests approval of an Initial Study/Mitigated Negative Declaration, a Use Permit, and a Design Review for the development of a new cannabis operations facility. The proposed project would be developed on a 3.96-acre site that is currently undeveloped and is primarily a dirt lot with trees and other foliage. The subject property is located at 2100-2300 Wilbur Avenue (APN 051-100-028).
Associate Planner Cortez presented the staff report dated June 16, 2021 recommending the Planning Commission take the following actions: 1. Adopt the resolution approving the Natural Supplements Initial Study/Mitigated Negative Declaration (IS/MND) and adopting the Mitigation Monitoring and Reporting Program (MMRP); 2. Adopt the resolution approving a Use Permit, and Design Review (UP-20-01, AR-20-01) for a cannabis operations facility, subject to conditions of approval.
In response to Vice Chair Martin, Associate Planner Cortez explained the approval process for the septic system.
Associate Planner Scudero added that Contra Costa County Environmental Health regulated and approved all septic tanks in Antioch.
Vice Chair Martin commented the zoning for this site was planned business center which indicated no raw materials processing or bulk handling. He questioned how bulk cannabis processing was allowed.
Associate Planner Cortez explained that overlay zones were outlined by City Council as being appropriate for these types of uses. He confirmed the overlay zone was overriding from the standard baseline zoning.
Vice Chair Martin expressed concern that project specific condition #17 did not require 24-hour on-site security, which was a typical condition for all cannabis businesses.
Associate Planner Cortez responded that the condition could be modified to have wording that has been applied to all other cannabis projects.
Vice Chair Martin stated he was interested in hearing why the project specific condition had been changed and noted his recommendation would be to modify the condition to be consistent with other approvals.
Associate Planner Scudero stated that the Antioch Police Department was not present this evening to respond; however, it may have been copied from a previous template of conditions.
Brett Jolley, Land Use Counsel for Natural Supplements, 3031 W. March Lane, Stockton, stated he was presenting the project this evening. He commented that there had been extensive work on project design, security, environmental review, mitigation measures, neighborhood responsibility plan and ensuring this was a project for the City of Antioch. He highlighted the F9
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project overview as detailed in the staff report. He clarified the septic had been engineered for the site and required approval from the Contra Costa County Environmental Health. He noted it was only for standard septic and sewer waste. He further noted it would not include waste from irrigation or processing, which would be contained in a separate containment. He stated they would agree to having one (1) security guard stationed afterhours and two (2) during business hours. He highlighted the following benefits of the project: first, improvements to Wilbur Avenue and an architectural appealing facility to encourage further development, secondly, economic growth and employment opportunities and lastly, increased security and desirability in the surrounding area as well as increased revenue through the Operating Agreement. He requested the Planning Commission adopt the staff recommendation.
In response to Chairperson Schneiderman, Mr. Jolley responded if it were cost effective and beneficial, they would install solar. He noted this was their first cannabis business.
In response to Commissioner Motts, Mr. Jolley explained that the focus was recreational, medical and health related cannabis products.
In response to Commissioner Gutilla, Associate Planner Scudero clarified that the City did not have an Ordinance requiring solar for commercial projects.
In response to Commissioner Gutilla, Mr. Jolley stated delivery drivers carried a limited amount of cash and it was kept in a lockbox compartment in the rear of the vehicle. He commented the bike racks would be included as part of the retail location. He confirmed that there was a typographical error on page 13 of the report and it should state the facility is geared toward the production of flowering plants. He explained that whatever was required of OSHA would be incorporated into the facility. He noted they would be using all organic fertilizers. He confirmed there were typographical errors in the staff report page D14, and there were actually five (5) 4x40 square foot rolling tables and thirty-six (36) lights per room.
Commissioner Gutilla agreed with Chairperson Schneiderman regarding her support for solar being installed for this project.
Mr. Jolley responded that they intended to investigate solar.
In response to Commissioner Gutilla, Associate Planner Scudero explained that solar requirements were a City Council policy issue.
City Attorney Smith added that a solar requirement for commercial businesses would require an ordinance and the process would be getting a Councilmember interested in bringing the item forward to the City Council who could provide direction to City Attorney Smith to research the item.
In response to Commissioner Riley, Mr. Jolley stated they estimated return on investment in approximately 3-5 years.
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Commissioner Riley commented that the return on investment for solar panels was in the 3–5- year range. He encouraged the applicant to move forward.
Mr. Jolley agreed that solar was preferable and they wanted to have a project that was beneficial both economically and environmentally. He noted there would be serious consideration to how much and what type of energy conservation measures and solar were put into the project.
In response to Vice Chair Martin, Mr. Jolley stated they anticipated 75-100 customers per day for retail which was minimal from a traffic standpoint. He noted there would be 36 full-time employees with staggered schedules. He explained that this business was intended primarily to be a vertically integrated system with cultivation processing and sales to customers on site.
Chairperson Schneiderman opened and closed the public hearing with no members of the public requesting to speak.
Commissioner Motts spoke in support of the project and suggested that City Council consider expansion of the overlay district. He stated he hoped that the Wilbur Avenue corridor would be developed with heavy industry.
City Attorney Smith responded that expansion of the overlay had been discussed by staff and the Cannabis Standing Committee and it would be coming to Council for consideration in the near future.
Chairperson Schneiderman spoke in support of the project and discussed the issue of saturation in Antioch. She suggested the applicant benefit the Antioch Youth Sports Complex. She also spoke in support of the applicant moving forward with solar for the project.
On motion by Vice Chair Martin, seconded by Commissioner Barrow the Planning Commission unanimously adopted the resolution approving the Natural Supplements Initial Study/Mitigated Negative Declaration (IS/MND) and adopting the Mitigation Monitoring and Reporting Program (MMRP). The motion carried the following vote:
AYES: Motts, Barrow, Riley, Gutilla, Martin and Chairperson Schneiderman NOES: None
ABSTAIN: None
ABSENT: Parsons
On motion by Vice Chair Martin, seconded by Commissioner Gutilla the Planning Commission unanimously adopted the resolution approving a Use Permit, and Design Review (UP-20-01, AR-20-01) for a cannabis operations facility, subject to conditions of approval with project specific condition #17 revised to require 24-hour onsite security with two (2) security on site during business hours and one (1) security on site afterhours.
The motion carried the following vote:
AYES: Motts, Barrow, Riley, Gutilla, Martin and Chairperson Schneiderman NOES: None
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ABSTAIN: None
ABSENT: Parsons
ORAL COMMUNICATIONS
In response to Commissioner Motts, City Attorney Smith confirmed that the City was not opening to in-person meetings at this time; however, they it may occur in the September timeframe.
WRITTEN COMMUNICATIONS – None
COMMITTEE REPORTS
Commissioner Motts reported on his attendance at the TRANSPLAN meeting.
ADJOURNMENT
On motion by Commissioner Motts, seconded by Commissioner Barrow the Planning Commission adjourned the meeting at 9:33P.M. The motion carried the following vote:
AYES: Motts, Barrow, Riley, Gutilla, Martin and Chairperson Schneiderman NOES: None
ABSTAIN: None
ABSENT: Parsons
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
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5 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Ruthann G. Ziegler, Special Counsel
APPROVED BY:Thomas Lloyd Smith, City AttorneyTLS
SUBJECT: Proposed Ordinance Amending Section 9-5.3843 E of the Antioch Municipal Code to Modify the Distance between New Tobacco Businesses and Specified Uses and to Clarify the Limit on New Tobacco Retailers
RECOMMENDED ACTION
It is recommended that the City Council introduce, waive the first reading, and read by title only the proposed amendment to the City’s Municipal Code attached hereto as Attachment A.
The proposed amendment would:
Require new tobacco businesses to be at least 1000 feet from schools and similar uses
Clarify the City’s existing ban on new tobacco retailers
FISCAL IMPACT
The proposed action will have a minimal, if any, effect on the City’s budget.
DISCUSSION
The Council previously considered this topic at its May 25, 2021 meeting during a detailed presentation by YTAPP (Youth Tobacco Advocacy Policy Project). The May 25 staff report and the materials submitted by YTAPP are incorporated herein by reference.
The Council’s consensus was to bring back an ordinance reflecting much of YTAPP’s proposal.
YTAPP had six elements in its proposal. Two elements proposed involved land use restrictions. Therefore, those elements went first to the Planning Commission for review and recommendation and are the subject of this staff report. The other four elements Antioch City Council Report
February 22, 2022 Agenda Item#5 2
are reflected in the draft ordinance attached to another staff report on the City Council’s agenda tonight.
The draft ordinance refers to a tobacco retailer or business. Under the Antioch Municipal Code, a “tobacco retailer” is an establishment that sells tobacco or tobacco products; however, certain businesses may sell tobacco or tobacco products and not be a tobacco retailer. Such businesses are a convenience store when ancillary to a gas station and with less than 20% of its sales area devoted to tobacco products or a retail business larger than 5000 square feet with less than 5% of its sales area devoted to tobacco products.
Below is a discussion of how the draft ordinance would implement the two elements.
1. Requiring new businesses with tobacco sales to be at least 1000 feet from schools and similar uses
The City’s municipal code currently requires at least 500 feet between a business selling tobacco and a school, public park, playground, recreational center, or child care center. (Section 9-5.3843 E(2)(c).) YTAPP asked that this distance be increased to 1000 feet.
The Planning Commission made a recommend in favor of this change and also recommended that the change apply to businesses that sell or otherwise provide vaping products for use with tobacco. Since the existing definition of tobacco product includes any “device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including … an electronic cigarette, … vaporizer pen, or hookah…,” no additional change is necessary to implement the Planning Commission’s direction. In addition, the other ordinance before the Council this evening incorporates YTAPP’s request to ban the sale of electronic devices for smoking tobacco or tobacco products.
2. Restricting the number of new tobacco retailers
YTAPP asked the City Council to limit the number of use permits granted to new tobacco retailers. However, in 2017, the Council adopted Ordinance 2125-C-S, which included a ban on new tobacco retailers. In reviewing that ordinance, staff determined that the ordinance should be clarified regarding the ban. The Planning Commission recommended in favor of that clarification, which is reflected in the attached draft ordinance.
ATTACHMENT
A. Proposed ordinance amending Antioch Municipal Code §9-5.3843
ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING SECTION 9-5.3843 E OF THE ANTIOCH MUNICIPAL CODE TO MODIFY
THE DISTANCE BETWEEN NEW TOBACCO BUSINESSES AND SPECIFIED USES
AND TO CLARIFY THE LIMIT ON NEW TOBACCO RETAILERS
The City Council of the City of Antioch does ordain as follows:
SECTION 1:
The City Council is committed to taking the steps necessary to provide a healthy, safe environment for all City residents. Towards that goal, the City is concerned about the adverse effect of cigarettes and related tobacco products on its residents, especially youth.
SECTION 2:
Over the years, the City Council has adopted various ordinances relating to the use of tobacco to protect the health of its residents. The Council received a detailed presentation from community youth concerned about the effects of tobacco and requesting additional restrictions on tobacco and tobacco products.
SECTION 3:
Consistent with the goal referenced above and the presentation, the Council wishes to take additional steps restricting the location and number of new tobacco retailers in the City.
SECTION 4:
Section 9-5.3843 E is amended as follows:
Section 9-5.3843 TOBACCO AND PARAPHERNALIA RETAILERS.
[Subsections A-D, inclusive, unchanged]
E. Exceptions:
(1) The prohibition described in division (B) above shall not apply to the following:
(a)-(c) [no change]
(d) Any tobacco retailer or drug paraphernalia retailer operating with a valid use permit issued by the city prior to the effective date of Ordinance 2125-C-S. Consistent with Ordinance 2125-C-S, such tobacco retailer or drug paraphernalia retailer shall continue to be a nonconforming use and subject to all provisions of this section and the Municipal Code.
2 (2) The following business types shall be permitted to sell tobacco products subject to approval of a use permit in zoning districts where such business types are allowed under the Zoning Code:
(a) Convenience stores when ancillary to a gas station and having less than 20% of their sales area devoted to tobacco products.
1. The sale of drug paraphernalia is prohibited.
(b) Retail businesses larger than 5,000 square feet with less than 5% of their sales area devoted to tobacco product.
(c) A new use permit shall not be issued for a business that is located within 1000500 feet of any school, public park, playground, recreational center, or child care center.
SECTION 5: Severability.
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
SECTION 6. CEQA.
not considered a project under
the California Environmental Quality Act under the common sense exemption (CEQA Guidelines §15061(b)(3) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.
SECTION 7:
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch.
* * * * * * *
3 I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Antioch, held on the ____ of _____ 2022, and passed and adopted at a regular meeting thereof, held on the ____ day of _____ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lamar Thorpe, Mayor of the City of Antioch
ATTEST:
Elizabeth Householder
City Clerk of the City of Antioch
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Ruthann G. Ziegler, Special Counsel
APPROVED BY:Thomas Lloyd Smith, City AttorneyTLS
SUBJECT: Proposed Ordinance Amending Section 6-8.02 of the Antioch Municipal Code to Add the Definitions of Characterizing Flavor, Cigar, and Little Cigar (including Cigarillo) and Amending Section 6-
8.14 Both to Restrict Tobacco Retailers or Businesses from Selling or Providing Tobacco with Characterizing Flavor, Selling or Providing Electronic Cigarettes or E-Cigarettes, and To Regulate the Size and Price of Specified Packages of Cigarettes, Little Cigars, and Cigars
RECOMMENDED ACTION
It is recommended that the City Council introduce, waive the first reading, and read by title only the proposed amendment to the City’s Municipal Code attached hereto as Attachment A.
The proposed amendment would:
Add the definition of “characterizing flavor”
Prohibit the sale of tobacco or tobacco products with characterizing flavor Prohibit a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any electronic cigarette or e-cigarette for use with tobacco or tobacco products
Add the definitions of “cigars” and “little cigars,” with the latter including cigarillos Prohibit a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offering in exchange for any form of consideration, or providing at no cost
o Any package of fewer than twenty little cigars
o Any package of fewer than six cigars
o Any package of cigarettes, little cigars or cigars at a price that is less than ten dollars per package, including applicable fees and taxes.
Antioch City Council Report
February 22, 2022 Agenda Item#6 2
FISCAL IMPACT
The proposed action may have a minimal effect on the City’s budget through decreased sales of the restricted tobacco and tobacco products.
DISCUSSION
The Council previously considered this topic at its May 25, 2021 meeting during a detailed presentation by YTAPP (Youth Tobacco Advocacy Policy Project). The May 25 staff report and the materials submitted by YTAPP are incorporated herein by reference.
The Council’s consensus was to bring back an ordinance reflecting much of YTAPP’s proposal.
YTAPP had six elements in its proposal. Four of those elements are reflected in the draft ordinance attached hereto as Exhibit A The other two the elements, which involved land use restrictions, are addressed in a separate staff report on tonight’s agenda because those two elements went first to the Planning Commission for review and recommendation prior to tonight’s City Council meeting.
The draft ordinance refers to a tobacco retailer or business. Under the Antioch Municipal Code, a “tobacco retailer” is an establishment that sells tobacco or tobacco products; however, certain businesses may sell tobacco or tobacco products and not be a tobacco retailer. Such businesses are a convenience store when ancillary to a gas station and with less than 20% of its sales area devoted to tobacco products or a retail business larger than 5000 square feet with less than 5% of its sales area devoted to tobacco products.
Below is a discussion of how the draft ordinance would implement the four elements.
1. Ban on tobacco products with characterizing flavors, such as mint, menthol, chocolate.
YTAPP requested a ban on flavored tobacco. The proposed ordinance adds a definition of characterizing flavor (Section 6-8.02) identical to the definition used by several other California jurisdictions and restricts a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offering in exchange for any form of consideration, or providing at no cost any tobacco or tobacco product with a characterizing flavor. (Section 6-8.14 A.)
While California has adopted a similar ban via SB 793, the state is not currently enforcing the ban and, instead, is waiting for the outcome of a November 2022 referendum.
2. Ban on electronic cigarettes and e-cigarettes.
YTAPP asked for a ban on electronic smoking devices for use with tobacco. The proposed ordinance restricts a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offering in exchange for any form of Antioch City Council Report
February 22, 2022 Agenda Item#6 3
consideration, or providing at no cost any electronic cigarette or e-cigarette for use with tobacco or tobacco products. (Section 6-8.14 B.)
3. Requiring a minimum package size for cigarettes, little cigars, and cigars.
YTAPP asked for restrictions on package size of certain tobacco products. The proposed ordinance adds definitions of cigars and little cigars, which includes cigarillos (Section 6-8.02) and restricts a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any package of fewer than twenty little cigars or any package of fewer than six cigars. (Section 6-8.14 C (1) and (2).)
4. Requiring a minimum price for certain tobacco products.
YTAPP suggested a minimum price for certain tobacco products. The proposed ordinance restricts a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offering in exchange for any form of consideration, or providing at no cost any package of cigarettes, little cigars, or cigars at a price less than ten dollars per package, including applicable fees and taxes. (Section 6-8.14 C (3).)
ATTACHMENT
A. Proposed ordinance amending Antioch Municipal Code §§6-8.02 and 6.8-14
ATTACHMENT
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING SECTION 6-8.02 OF THE ANTIOCH MUNICIPAL CODE TO ADD THE
DEFINITIONS OF CHARACTERIZING FLAVOR, CIGAR, AND LITTLE CIGAR (INCLUDING CIGARILLO) AND AMENDING SECTION 6-8.14 OF THE ANTIOCH
MUNICIPAL CODE BOTH TO RESTRICT TOBACCO RETAILERS OR BUSINESSES
FROM SELLING OR PROVIDING TOBACCO WITH CHARACTERIZING FLAVOR,
SELLING OR PROVIDING ELECTRONIC CIGARETTE OR E-CIGARETTE AND TO
REGULATE THE SIZE AND PRICE OF SPECIFIED PACKAGES OF CIGARETTES,
LITTLE CIGARS, AND CIGARS
The City Council of the City of Antioch does ordain as follows:
SECTION 1:
The City Council is committed to taking the steps necessary to provide a healthy, safe environment for all City residents. Towards that goal, the City is concerned about the adverse effect of cigarettes and related tobacco products on its residents, including minors.
SECTION 2:
Over the years, the City Council has adopted various ordinances relating to the use of tobacco to protect the health of its residents. The Council received an information presentation by community youth concerned about the effects of tobacco and requesting additional restrictions on tobacco and tobacco products.
SECTION 3:
Consistent with the goal referenced above, the Council wishes to take additional steps restricting tobacco and tobacco products in the City.
SECTION 4:
Section 6-8.02 is modified to add the following definitions:
CHARACTERIZING FLAVOR. A taste or aroma other than the taste or aroma of tobacco, imparted either prior to or during consumption of tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverages, herb, or spice, provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
2 CIGAR. Any roll of tobacco, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing more than three pounds per thousand.
LITTLE CIGAR. Any roll of tobacco, with or without a filter, other than a cigarette, wrapped entirely or in part in tobacco or in any substance containing tobacco and weighing no more than three pounds per thousand. "Little cigar" includes, but is not limited to, any tobacco product known or labeled as "small cigar" or "
SECTION 5:
Section 6-8.14 is modified to state:
Section 6-8.14 [RESERVED]. RESTRICTIONS ON TOBACCO RETAILERS AND
BUSINESSES
A. No tobacco retailer or business shall sell, offer for sale, possess with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any tobacco or tobacco product with a characterizing flavor.
B. No tobacco retailer or business shall sell, offer for sale, possess with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any electronic cigarette or e-cigarette for use with tobacco or tobacco products.
C. No tobacco retailer or business shall sell, offer for sale, possess with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any of the following:
(1) Any package of fewer than twenty little cigars
(2) Any package of fewer than six cigars
(3) Any package of cigarettes, little cigars, or cigars at a price that is less than ten dollars per package, including applicable fees and taxes.
SECTION 6: Severability.
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
3 SECTION 7. CEQA.
not considered a project under
the California Environmental Quality Act under the common sense exemption (CEQA Guidelines §15061(b)(3) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment. The proposed ordinance does not change the existing zoning in the affected areas; rather, the proposed ordinance is an overlay on the existing zoning, already approved and adopted by the City.
SECTION 8:
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch.
* * * * * * *
I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Antioch, held on the ____ of _____ 2021, and passed and adopted at a regular meeting thereof, held on the ____ day of _____ 2021, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lamar Thorpe, Mayor of the City of Antioch
ATTEST:
Elizabeth Householder
City Clerk of the City of Antioch
Regular Meeting of February 22, 2022
Honorable Mayor and Members of the City Council
Rosanna Bayon Moore, Assistant City Manager
Cornelius H. Johnson, Interim City Manager
Unhoused Resident Services – Overview of State of California Homekey Financing
It is recommended that the City Council discuss and provide staff direction regarding the potential pursuit of Homekey financing opportunities.
Unknown at this time.
The City of Antioch is seeking to pursue strategies that both respond to the needs of unhoused residents and community concerns about homeless encampments. A body of work has since been developed and is currently in progress with key support from Focus Strategies, the City’s technical assistance provider.
The City commissioned Focus Strategies to conduct a feasibility study to examine several dimensions of a potential motel bridge housing program. After the findings and recommendations were accepted by the City Council, the City subsequently pursued the solicitation of proposals for (1) a motel occupancy agreement program to shelter unhoused residents and (2) non-congregate bridge housing program services. The potential awards of contract will be presented to the City Council for action in FY 2022.
Over the last several months, the City has fielded inquiries and expressions of interest in the State of California’s Homekey Program. At staff’s request, Focus Strategies has prepared a presentation for Council consideration and potential direction to staff.
A. Presentation by Jeree Glasser-Hedrick, Housing Director for Focus Strategies Agenda Item #
9 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Nickie Mastay, Administrative Services Director SUBJECT: Resolution Approving a New Class Specification for Community Resources & Public Safety Director, Assigning a Salary Range, and Assigning the Classification to the Management (Executive) Bargaining Unit
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the New Class Specification for Community Resources & Public Safety Director, assigning a salary range, and assigning the classification to the Management (Executive) Bargaining Unit.
FISCAL IMPACT
The salary range (without benefits) for one (1) Community Resources & Public Safety Director is $149,808 - $182,076. The total annual range of cost of funding (1) Community Resources & Public Safety Director is (Step A Step E) $275,069 - $327,382. The cost of this position is included in the General Fund Fiscal Year 2021-23 Budget.
DISCUSSION
The Community Resources Director position was funded by City Council on June 22, 2021 with the adoption of the Fiscal Year 2021-23 Budget. Realizing that this classification incorporates public safety components, staff developed the Community Resources & Public Safety Director class specification. This classification will plan, direct, manage, and oversee the activities and operations of the Community Resources & Public Safety Department which include, youth services network, environmental resources, Community Development Block Grant (CDBG); unhoused resident services; community crisis intervention response; violence intervention and prevention; animal services; and code enforcement. Some of the duties include:
Develops, implements, and maintains management systems, procedures and standards for program evaluation; monitors developments related to City community response services; evaluates the impact of various City services on City operations; analyzes data and composes reports that include program evaluation results that are presented to the City Manager and City Council.
develops and monitors grant funded programs; analyzes fiscal data to identify and Antioch City Council Report
February 22, 2022 Agenda Item #9 2
project resource needs; obtains needed resources; approves the forecast of funds needed for staffing, equipment, materials, and supplies; monitors and approves expenditures and implements budgetary adjustments as appropriate and necessary.
Coordinates with other departments, elected officials, federal, state, county, local, Community-Based Organizations, private and non-governmental safety or healthcare agencies to develop community response plans and programs related to behavioral health, medical, services for the unhoused community, school response, youth services, violence prevention, etc.
Attends and participates in a variety of boards, commissions, committees, and professional group meetings; maintains awareness of new trends and developments in the field related to community resources and public safety; incorporates new developments as appropriate.
Develops community knowledge and builds partnerships and coalitions that will identify the Department as a community focal point.
Please refer to Attachment A Exhibit 1 for the Community Resources & Public Safety Director Class Specification.
ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution Community Resources & Public Safety Director Class Specification
ATTACHMENT A
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A NEW CLASS SPECIFICATION FOR COMMUNITY RESOURCES &
PUBLIC SAFETY DIRECTOR, ASSIGNING A SALARY RANGE, AND ASSIGNING
THE CLASSIFICATION TO THE MANAGEMENT BARGAINING UNIT
WHEREAS, the City has an interest in the effective and efficient management of the classification plan;
WHEREAS, the City Council approved budget appropriations for the Community Resources & Public Safety Director position on June 22, 2021 with the adoption of the Fiscal Year 2021 23 Budget;
WHEREAS, the City Council now seeks to designate the Class Specification, salary, and bargaining unit for the Community Resources & Public Safety Director;
WHEREAS, for internal equity purposes the recommended salary range for the Community Resources & Public Safety Director Classification is $12,484 - $15,173 per month;
WHEREAS, the Management (Executive) Bargaining Unit has reviewed and approved assignment of the Community Resources & Pubic Safety Director Class Specification to the Management (Executive) Bargaining Unit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:
Section 1. The Class Specification for the classification of Community Resources & Public Safety Director, attached hereto as Exhibit 1, is hereby approved and added to the City of Antioch Classification System;
Section 2. The Community Resources & Public Safety Director Classification is hereby assigned a monthly salary range of $12,484 - $15,173; and
Section 3. The Community Resources & Public Safety Director Classification is hereby assigned to the Management (Executive) Bargaining Unit with Tier 1 Administrative Leave.
* * * * * * * * * * *
RESOLUTION NO. 2022/**
February 22, 2022
Page Two
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 22nd day of February 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
CITY OF ANTIOCH
COMMUNITY RESOURCES & PUBLIC SAFETY DIRECTOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are notintended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general administrative direction of the City Manager, plans, directs, manages, and oversees the activities and operations of the Community Resources & Public Safety Department including, but not limited to, youth services network; environmental resources; Community Development Block Grant (CDBG); unhoused resources; mental health crisis response; violence intervention and prevention; animal services; code enforcement; coordinates activities with other departments and outside agencies; and provides highly responsible and complex administrative support to the City Manager.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Assume full management responsibility for all Community Resources & Public Safety Department services and activities including youth services, environmental resources, Community Development Block Grant (CDBG); unhoused resources; mental health crisis response; violence intervention and prevention; and code enforcement.
2. Create, recommend, implement and administer departmental policies and procedures, goals, objectives, and priorities for each assigned service area.
3. Establish, within City policy, appropriate service and staffing levels; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocate resources accordingly.
4. Assess and monitor work-load, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct and implement changes.
5. Plan, direct, and coordinate, through assigned staff, the Community Resource goals and objectives; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures; meet with key staff to identify and resolve problems.
6. Develops, implements, and maintains management systems, procedures and standards for program evaluation; monitors developments related to City community response services; evaluates the impact of various City services on City operations; analyzes data and composes reports that include program evaluation results that are presented to the City Manager and City Council.
7. Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.
8. Administers, directs, and recommends the Departments annual operating budget; develops and monitors grant funded programs; analyzes fiscal data to identify ad project resource needs; obtains needed resources; approve the forecast of funds needed for staffing,
CITY OF ANTIOCH
COMMUNITY RESOURCES & PUBLIC SAFETY DIRECTOR (CONTINUED)
equipment, materials, and supplies; monitor and approve expenditures and implement budgetary adjustments as appropriate and necessary.
9. Prepare Requests for Proposals; administer agreements for consulting services; conduct research and prepare reports.
10. Initiate or conduct special studies as assigned and prepare reports with recommendations for appropriate action.
11. Prepare and present staff reports and other necessary correspondence.
12. Coordinates with other departments, elected officials, federal, state, county, local, Community-Based Organizations, private and non-governmental safety or healthcare agencies to develop community response plans and programs related to behavioral health, medical, services for the unhoused community, school response, youth services, violence prevention, etc..
13. Attends and participates in a variety of boards, commissions, committees, and professional group meetings; maintains awareness of new trends and developments in the field related to community resources and public safety; incorporates new developments as appropriate.
14. Develops community knowledge and builds partnerships and coalitions that will identify the Department as a community focal point
15. Respond to and resolve difficult and sensitive citizen inquiries and complaints in a professional manner and take necessary corrective action.
16. Perform related duties as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
Principles and practices of modern public administration and management including planning, organizing, staffing, directing and evaluating programs, policies, and operational needs.
Principles and practices of crisis intervention, conflict resolution, counseling and social service programs related to behavioral health, unhoused community, violence intervention and prevention.
Community Development Block Grant program, environmental laws and programs, code enforcement legislation.
Advanced principles and practices of program development, implementation and administration.
Principles and practices of municipal budget preparation and administration.
Principles of supervision, training, and performance evaluation.
Pertinent federal, state, and local laws, codes, and regulations.
Ability to:
Implement, manage and direct comprehensive community programs.
Perform difficult work that requires the ability to reason and solve complex problems.
CITY OF ANTIOCH
COMMUNITY RESOURCES & PUBLIC SAFETY DIRECTOR (CONTINUED)
Develop and administer departmental goals, objectives, and procedures.
Analyze and assess programs, policies, and operational needs and make appropriate adjustments.
Identify and respond to sensitive community and organizational issues, concerns, and needs.
Plan, organize, direct, and coordinate the work of staff.
Delegate authority and responsibility.
Select, supervise, train, and evaluate staff.
Analyze problems, identify alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals.
Research, analyze, and evaluate new service delivery methods and techniques.
Properly interpret and make decisions in accordance with appropriate laws, regulations and policies.
Maintain liaison with various private and public agencies and deal successfully with the public and other interested groups.
Prepare clear and concise administrative and financial reports.
Prepare and administer large and complex budgets.
Interpret and apply applicable federal, state, and local policies, laws, and regulations.
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines
Education/Training:
or university in public administration,
business administration, social work, public health, health sciences, psychology, sociology, health services administration, public safety or a related field. A Master's degree is highly desirable.
Experience:
Six years of increasingly responsible experience in human services, social work, behavioral science, environmental science, public safety, including three years of management and administrative responsibility.
License or Certificate:
Possession of, an appropria
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Work is performed primarily in a standard office setting with occasional travel from site to site.
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting and in a field environment; to walk, run, stand, or climb on slippery even or uneven, and paved or unpaved surfaces; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand
CITY OF ANTIOCH
COMMUNITY RESOURCES & PUBLIC SAFETY DIRECTOR (CONTINUED)
movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.
FLSA: Exempt
Created: February 2022
This class specification identifies the essential functions typically assigned to positions in this class. Other duties not described may be assigned to employees in order to meet changing business needs or staffing levels but will be reasonably related to qualifications. Other duti
term basis in order to provide job enrichment opportunities or to address emergency situations.
10 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Discussion Item: Potential Formation of a Community Resources Ad Hoc Committee
RECOMMENDED ACTION
It is recommended that the City Council take the following actions:
1) Discuss and determine if the City Council seeks to form a Community Resources Ad Hoc Committee to assist in the formation of the City’s new department;
2) If so, determine the scope of activities for Community Resources Ad Hoc Committee; and
3) Provide direction to staff to draft a resolution to form the Community Resources Ad Hoc Committee.
FISCAL IMPACT
The recommended action has no direct fiscal impact on City finances.
DISCUSSION
The City Council has provided direction to staff to form a new Community Resources Department, which will bring several community resources functions of the City together under the leadership of a Community Resources Director in an effort to enhance the delivery of community services to the residents of the City of Antioch.
The Community Resources Department will offer services including the following: youth services, unhoused resident services; community crisis intervention response; violence intervention and prevention; environmental resources, code enforcement, animal services, and Community Development Block Grant (“CDBG”) programs.
The City Council may wish to consider a range of activities for the Community Resources Ad Hoc Committee including working with staff on the vision, mission, and strategic plan for the Department. The ad hoc could also play an important role in advising on Antioch City Council Report
February 22, 2022 Agenda Item #10 2
departmental budget requests and vetting ideas prior to presenting them to the City Council.
ATTACHMENT
A. None.