Antioch City Council
July 26, 2022

ANNOTATED AGENDA
Antioch City Council

SPECIAL AND REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency

Date: Tuesday, July 26, 2022
Time: 4:30 P.M. – Closed Session
5:30 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 City 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 alternative 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 t o speak. Important: Please i dentify 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 l imited to not mo re 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 n ot 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 wh ich 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 “Consent Calendar” and 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 Sessio ns 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- JULY 26, 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.

4:32 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 1 Torres-Walker, District 3 Ogorchock, [District 4 Wilson and Mayor Pro Tem (District 2) Barbanica attended via Zoom Webinar] (Mayor Thorpe was Absent at Roll Call)

PUBLIC COMMENTS for Closed Session – None

MAYOR THORPE ARRIVED AT THE BEGINNING OF CLOSED SESSION

CLOSED SESSION:

1) CONFERENCE WITH REAL PROPERTY NEGOTIATONS – pursuant to California Government Code section 54956.8 ; Property: 515 East 18th Street, Antioch, CA (APNs 065 -143-018 and 065 -143-019); Agency Negotiation: Rosanna Bayon Moore, Assistant City Manager and Thomas Lloyd Smith, City Attorney; N egotiating Parties: Michael Heath, Esq.; Under Negotiation: Price and Terms of Payment.

No reportable action

2) 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 Public Works Association and Antioch Police Sworn Management Association.

No reportable action

3) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Brian Lim, v.

City of Antioch et al. , United States District Court, Northern District of California (Case 3:22-cv-04067-LB).

No reportable action

ANTIOCH CITY COUNCIL -2- JULY 26, 2022

CLOSED SESSION – Continued

4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: INTERIM CITY MANAGER. This closed session is authorized pursuant to Government Code section 54957.

No reportable action

4:34 P.M. ADJOURNED TO CLOSED SESSION

5:30 P.M. ROLL CALL – SPECIAL MEETING/STUDY SESSION – for City Council Members – Council Members District 1 Torres-Walker, District 3 Ogorchock, [District 4 Wilson and Mayor Pro Tem (District 2) Barbanica attended via Zoom Webinar], and Mayor Thorpe

PLEDGE OF ALLEGIANCE

SPECIAL MEETING/STUDY SESSION

SM-1. RENT STABILIZATION
Direction to staff to bring back an ordinance
Recommended Action: It is recommended that the City Council receive the presentation on rent stabilization and provide feedback and direction to staff.

PUBLIC COMMENT

MOTION TO ADJOURN SPECIAL MEETING/STUDY SESSION
Motioned to adjourn Special Meeting/Study Session at 6:54 p.m., 5/0

7:08 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Council Members District 1 Torres-Walker, District 3 Ogorchock, [District 4 Wilson and Mayor Pro Tem (District 2) Barbanica attended via Zoom Webinar], and Mayor Thorpe

PLEDGE OF ALLEGIANCE

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

ANTIOCH CITY COUNCIL -3- JULY 26, 2022

1. PROCLAMATION

• Recognizing International Overdose Awareness Day, August 31, 2022 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamation.

2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

• ANTIOCH COMMUNITY DAY, Contra Loma Estate Park – August 6, 2022

3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD OF TRUSTEES ➢ BOARD OF ADMINISTRATIVE APPEALS

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

4. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 24, 2022 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

B. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 14, 2022 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

ANTIOCH CITY COUNCIL -4- JULY 26, 2022

CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued

C. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 28, 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 HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.

F. APPROVAL OF TREASURER’S REPORT FOR APRIL 2022
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the April 2022 Treasurer’s Report.

G. APPROVAL OF TREASURER’S REPORT FOR MAY 2022
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the May 2022 Treasurer’s Report.

H. RESOLUTION DESIGNATING THE CITY OF ANTIOCH REPRESENTATIVES TO THE

MUNICIPAL POOLING AUTHORITY BOARD
Reso No. 2022/121 adopted designating Human Resources Director Ana Cortez as the Alternate Board Member, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution designating Thomas Lloyd Smith, City Attorney as the City’s Board Member to the Municipal Pooling Authority (MPA) of Northern California (“Authority”) and Jazzman Brown, Risk Manager as the Alternate Board Member.

ANTIOCH CITY COUNCIL -5- JULY 26, 2022

CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued

I. AB 361: RESOLUTION MAKING FINDINGS NECESSARY TO CONDUCT BROWN ACT

MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,

COMMISSIONS, AND COMMITTEES
Reso No. 2022/122 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.

J. AUTHORIZE CITY MANAGER TO EXECUTE A THREE -YEAR AGREEMENT WITH

GOLDEN BELL PRODUCTS FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $111,581.64
Reso No. 2022/123 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a Maintenance Services Agreement with Golden Bell Products for a Three (3) Year Term for a total agreement amount not to exceed $111,581.64; and

2) Authorizing the City Manager to execute the agreement with Golden Bell Products in a form approved by the City Attorney.

K. FIRST AMENDMENT TO THE HONEYWELL BUILDING SOLUTIONS SERVICES AGREEMENT NO. 40098420 TO INCREASE THE EXTRA WORK CONTRACT AMOUNT Reso No. 2022/124 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving the First Amendment with Honeywell Building Solutions which increases Year 2 of the Extra Work contract amount by $54,339.02, and Year 3 Extra Work contract amount by $75,000, for a total remain ing agreement amount not to exceed $638,779.02; and

2) Authorizing the City Manager to execute the First Amendment to the three (3) Year Honeywell Agreement with an option to extend the two (2) additional years in a form approved by the City Attorney.

ANTIOCH CITY COUNCIL -6- JULY 26, 2022

CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued

L. AUTHORIZE CITY MANAGER TO APPROVE MASTER PURCHASE ORDERS FOR

GATES & ASSOCIATES, C&J FAVALORA TRUCKING, AND WATERSAVERS

IRRIGATION
Reso No. 2022/125 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager to approve a Master Purchase Order for the following Vendors:

1) Gates & Associates for an amount not to exceed $100,000 per fiscal year while under contract.

2) C&J Favalora Trucking for an amount not to exceed $200,000 per fiscal year while under contract.

3) WaterSavers Irrigation for an amount not to exceed $100,000 per fiscal year.

M. RIVERTOWN COMMUNITY SPACE (P.W. 514-7)
Reso No. 2022/126 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a Consulting Services Agreement with RHAA for the Rivertown Community Space Project in the amount of
$350,000; and

2) Authorizing and directing the City Manager or designee to execute the Agreement in a form approved by the City
Attorney.

N. APPROVAL OF INCREASE TO PURCHASE ORDER WITH SITEONE GREEN TECH FOR AN AMOUNT NOT TO EXCEED $250,000
Reso No. 2022/127 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving an increase to the Purchase Order with SiteOne Green Tech for the purchase of irrigation controllers, parts and service on an as needed basis including any irrigation
controller cellular service packages for an amount not to exceed $250,000 per fiscal year; and

2) Authorizing the City Manager to approve the Purchase Order with SiteOne Green Tech for an amount not to exceed
$250,000 per fiscal year.

ANTIOCH CITY COUNCIL -7- JULY 26, 2022

CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued

O. SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH

CONSTRUCTION TESTING SERVICES FOR MATERIAL TESTING AND SPECIAL INSPECTION SERVICES FOR THE BRACKISH WATER DESALINATION PROJECT (P.W. 694)
Reso No. 2022/128 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving the second amendment to the Consultant Services Agreement with Construction Testing Services for material testing and special inspection services during construction of the Brackish Water Desalination in the amount of $591,000 for a total contract amount of $889,744; and

2) Authorizing and directing the City Manager or designee to execute the second amendment to the Consultant Services Agreement in a form approved by the City Attorney.

P. WATER TREATMENT PLANT INFORMATION AND CONTROL SYSTEMS ASSISTANCE (P.W. 246-32)
Reso No. 2022/129 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a Consulting Services Agreement with CSI Metrics, LLC for the Water Treatment Plant Information and Control Systems Assistance in the amount of $212,160.00; and

2) Authorizing the City Ma nager or designee to execute the Agreement for the Water Treatment Plant Information and Control Systems in a form approved by the City Attorney.

ANTIOCH CITY COUNCIL -8- JULY 26, 2022

PUBLIC HEARING

5. PROPOSED ORDINANCE AMENDING THE ANTIOCH MUNICIPAL CODE REGARDING

THE PARKING OF MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON

RESIDENTIAL PROPERTY
To 08/23/2022 for Adoption with Amendments,
3/2 (Torres-Walker, Thorpe)
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 regarding parking motor vehicles, including Recreational Vehicles, on residential property.

9:01 P.M. FIVE MINUTE RECESS
9:12 P.M. RECONVENED, ROLL CALL – Council Members District 1 Torres -Walker, District 3 Ogorchock, [District 4 Wilson and Mayor Pro Tem (District 2) Barbanica attended via Zoom Webinar), and Mayor Thorpe

6. NEW GAS STATION PROJECT PROPOSAL AT 5200 LONE TREE WAY : UNITED PACIFIC GAS STATION (GP-21-01, PD-21-01, UP-21-02, AR-21-03) Council Motioned to Deny, 5/0
Recommended Action: It is recommended that the City Council take the following actions:

1) CEQA. Adopt the resolution approving the United Pacific Gas Station Initial Study/Mitigated Negative Declaration (IS/MND) and the Mitigation Monitoring and Reporting Program (MMRP).

2) General Plan Amendment. Adopt the resolution approving the United Pacific Gas Station General Plan Amendment (GP- 21-01) changing the land use designation from Commercial Office to Convenience Commercial.

3) Zoning Map Amendment. Introduce, waive the first reading, and read by title only the ordinance for a zoning map
amendment f rom Planned Development District (PD) to
Planned Development District (PD-21-01).

4) Final Development Plan. Adopt the resolution approving a Final Development Plan, Use Permit and Design Review,
subject to conditions of approval (PD-21-01, UP-21-02 AR-21- 03).

ANTIOCH CITY COUNCIL -9- JULY 26, 2022

COUNCIL REGULAR AGENDA

7. UNHOUSED RESIDENT SERVICES – NON-CONGREGATE BRIDGE HOUSING SITE AT EXECUTIVE INN LOCATED AT 515 EAST 18TH STREET
Reso No. 2022/130 adopted, for an initial term of two (2) years, with two (2) option terms of two (2) years each; and to authorize Interim City Manager to execute the agreement, 3/2 (Ogorchock, Barbanica)
Recommended Action: It is recommended that the City Council adopt the resolution approving a master lease with Rudram LLC for the Executive Inn located at 515 East 18th Street *with an option to purchase. *CORRECT RECOMMENDED ACTION: for an initial term of two (2) years with two (2) option terms of two (2) years each. (Cg)

8. UNHOUSED RESIDENT SERVICES – SUPPORTIVE SERVICES FOR THE CITY OF ANTIOCH’S NON -CONGREGATE BRIDGE HOUSING PROGRAM LOCATED AT 515 EAST 18TH STREET
Reso No. 2022/131 adopted, 3/2 (Ogorchock, Barbanica)
Recommended Action: It is recommended that the City Council adopt the resolution authorizing the City to enter into an agreement with Bay Area Community Services (BACS) for supportive services associated with the City’s Non Congregate Bridge Housing Program located at 515 East 18th Street.

9. TRAFFIC CALMING PROGRAM UPDATE (P.W. 282-19)
Direction provided to staff to bring back non-residential traffic calming item for Council discussion and feedback Recommended Action: It is recommended that the City Council receive an update on the traffic calming program and provide recommendations, if any, on potential changes to the policy.

10. NEW CLASS SPECIFICATIONS, ASSIGNING SALARY RANGES, ASSIGNING THE

CLASSIFICATIONS TO THE BARGAINING UNITS

Recommended Action: It is recommended that the City Council take the following actions:

Reso No. 2022/132 adopted, 5/0
1) Adopt a Resolution Approving the New Class Specification for Principal Executive Assistant Assigning a Salary Range, Assigning the Classification to the Management –
Mid/Professional Bargaining Unit.

Reso No. 2022/133 adopted, 5/0
2) Adopt a Resolution Approving the New Class Specification for Human Resources Specialist, Assigning a Salary Range,
Assigning the Classification to the Confidential Bargaining Unit.

ANTIOCH CITY COUNCIL -10- JULY 26, 2022

COUNCIL REGULAR AGENDA – Continued

11. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND AUTHORIZATION FOR ASSOCIATED CONFERENCE EXPENSES NOT TO EXCEED $2,300 PER PARTICIPANT Appointed Council Member Ogorchock as the Voting Delegate and Mayor Thorpe as the Alternate Delegate, 5/0
Recommended Action: It is recommended that the City Council appoint a Voting Delegate and Alternate Delegate for the 2022 League of California Cities Annual Conference. It is further recommended that the Council authorize the associated conference expenses for one participant in an amount not to exceed $2,300.

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 Regular Meeting at 12:00 a.m., 5/0

SM-1
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Special Meeting of July 26, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Rent Stabilization Study Session

RECOMMENDED ACTION:

It is recommended that the City Council receive the presentation on rent stabilization and provide feedback and direction to staff.

FISCAL IMPACT
To be determined after further feedback and direction is provided to staff.

DISCUSSION
Overview of Local Rent Stabilization
The City Council directed staff to bring back information on rent stabilization. At the June 14, 2022 and June 28, 2022 City Council Study Session, extensive public comment was received in support for tenant protection policies including an anti - harassment ordinance, a just cause eviction ordinance and rent control policies. At the conclusion of public comment, the City Council expressed support to modify the “Tenant Protections” policy in the draft Housing Element.

The draft Housing Element proposes the following to address tenant protections:

5.1.9 Tenant Protections. Pursue the development of citywide tenant protection policies for consideration by the City Council. These policies would address, but not necessarily be limited to, anti -harassment, just cause eviction, Tenant Opportunity to Purchase Act (TOPA), Community Opportunity to Purchase Act (COPA) and rent stabilization. The process would include inclusive public outreach with tenants, community -based organizations, landlords and other interested community members. The goal of this effort is to prepare and present an implementing ordinance for City Council consideration.

Staff researched other general law cities in California that have considered local rent restrictions. Some general law cities with local rent restrictions have grandfathered rent control ordinances adopted before the state legislature placed significant restrictions Antioch City Council Report
July 26, 2022 Agenda Item #SM-1 2
on the type and age of units that may be subject to local rent regulations. Many of these cities adopted new or additional local rent restrictions to the extent allowed under current state law. The City of Oxnard adopted a rent stabilization ordinance (“RSO”) in May 2022, which is attached to this report as an illustration of a recent RSO.

What is the Difference Between Rent Control vs Rent Stabilization? Although the terms “rent control” and “rent stabilization” are often used interchangeably, they are technically distinct. Both regulate the amount of rent that may be increased during a tenancy, but only “rent control” regulates the amount of rent charged when the tenancy begins. Under “rent stabilization,” annual increases of a tenant’s rent are limited. However, when a tenant moves out, the initial amount of rent for the next tenant is not restricted.

Cities in California can no longer adopt “full” rent control, which would regulate the amount of initial rent, due to the Costa-Hawkins Rental Housing Act (“Costa-Hawkins” or Civil Code § 1954.50 et seq.). Costa-Hawkins is a state law that, except in very limited circumstances, prohibits local restrictions on the amount of rent a landlord can charge at the beginning of a tenancy. Rent control ordinances that existed in 1995 when Costa- Hawkins was adopted were grandfathered, and the result is that there are a handful of cities with full rent control on certain types and ages of units within those cities.

Costa-Hawkins effectively prohibits new local “rent control,” so cities adopting local regulations after 1995 focus instead on “rent stabilization.” This type of regulation protects tenants during their tenancy by limiting how much the rent may be increased each year.

The Tenant Protection Act of 2019 (Civil Code § 1946.2 et seq.) enacted statewide rent stabilization. Beginning January 1, 2020, where applicable, rent may be annually increased no more than 5% plus the regional consumer price index (CPI) or 10%, whichever is less.

What Units Are Subject to Local Rent Regulation?
In addition to restrictions limits on initial rent, Costa-Hawkins significantly restricts which units may be subject to local rent stabilization. There are two categories of units for which rent increases during tenancy cannot be regulated by the City Council. The first category, with narrow exceptions, is single family homes that do not have an accessory unit, condominiums, and cooperatives. The second category is units first receiving a certificate of occupancy after February 1, 1995. This essentially means the City Council could adopt rent stabilization for units constructed on or before February 1, 1995 that share a property with at least one other unit that cannot be sold separately.

The Ellis Act (Government Code § 7060 et seq.) provides that landlord s have a right to evict tenants if the landlord removes all of the units in the building from the rental market. The evicted tenants have certain rights including first right of return for a period of 10 years, re-rental must be the same as previous rents plus annual adjustments under Antioch City Council Report
July 26, 2022 Agenda Item #SM-1 3
the system of rent control or stabilization for 5 -years, and relocation payments must be provided to the tenant. The Ellis Act allows local governments to place conditions and restrictions on landlords who evict tenants in order to exit the market.

What Are Some Options to Consider for a City Rent Stabilization Ordinance? Subject to the limits of state law, there are several options and elements the City Council could consider when establishing a local rent stabilization ordinance. The most common options and elements are briefly summarized below. Based on the City Council’s preferences and objectives, staff would conduct further research to identify additional components or options where applicable.

1. What Types of Limits can the City put on the Amount Rent Increases and the Frequency of Rent Increases?
Under existing state law, up to two increases are allowed per 12-month period up to 5% plus the regional CPI or 10%, whichever is less. There are a variety of ways the City Council could establish a lower increase limit. For example, it could establish a limit using only a set percentage, or it could use a set percentage or CPI and establish the limit as whichever is higher or lower. For example, the City of Oxnard prohibits rent increases in excess of 4%, while the City of Beverly Hills prohibits rent increases in excess of the greater of 3% or CPI. Some cities have a limit set by a percentage of the CPI itself.

The City of Los Gatos prohibits rent increases in excess of 5% or 70% of CPI, whichever is greater, unless an arbitrator determines a higher increase is reasonable based on certain criteria.

Where an increase limit references a CPI, the regulation could either describe how CPI is determined, such as the most recent 12-month increase in an identified CPI, or the City Council could establish a procedure for the City to determine and declare the CPI percentage amount for the calendar year or fiscal year. As an illustration, t he City of Beverly Hills de fines CPI as the “Consumer Price Index for the Los Angeles/Riverside/Orange County Area, as published by the United States Department of Labor, Bureau of Labor Statistics between May 1 of the then current year and May 1 of the immediately preceding year.” The City of East Palo Alto, which limits rent increases to 80% of CPI or 10%, whichever is greater, issues a notice to landlords each May of the new increase limit.

The City Council could also limit the number of increases allowed, such as one increase per 12-month period versus the two increases allowed under existing law. In the alternative, increases could be limited to one per calendar or fiscal year.

2. Which Rental Units Would Be Subject to a City Rent Stabilization Ordinance? The types of rental units subject to a City RSO is limited by the Costa- Hawkins Rental Housing Act, which protects units issued a certificate of occupancy after February 1, 1995 and units “separately alienable” from other units regardless of when the unit Antioch City Council Report
July 26, 2022 Agenda Item #SM-1 4
received a certificate of occupancy. This latter category includes most single family homes, condominiums, and cooperatives.

With these limitations in mind, it may be possible to include some unit types that were excluded from the protections of the Tenant Protection Act of 201 9, in addition to units not protected by Costa- Hawkins. Notably, Costa -Hawkins does not prohibit local regulation of units in certain circumstances containing serious health, safety, fire, or building code violations. Costa- Hawkins also does not prohibit local regulation of single family homes located on the same property as another dwelling unit, such as an accessory dwelling unit (ADU).

The Tenant Protection Act of 2019 only applies when a tenant has occupied a unit for at least 12 months and exempts units located on the same property as one other unit that is occupied by the property owner. A City RSO could apply to the first year of a tenancy and could include owner-occupied properties containing a rental unit.

3. What Can the City Require When a Landlord Seeks to Exit the Rental Housing Business and Withdraw a Rental Property from the Market? The Ellis Act also defines the criteria under which the owners of apartments that are subject to rent control ordinances can remove the dwellings from the rental inventory.

Cities are permitted to place some restrictions on the landlord's process of going out of business.

Cities may require landlords to file a "notice of intent to withdraw" and provide the city with information about the tenancy , such as names of tenants, dates of commencement, and rental rates. Cities may also require an extension of the termination date of tenancies, from the standard 120 days to a full year from the commencement of the withdrawal process, for tenants who are at least 62 years old or disabled.

Cities may also require by ordinance that an owner who offers accommodations again for rent or lease within a period not exceeding 10 years from the date on which they are withdrawn, and which are subject to the Ellis Act, shall first offer the unit to the tenant or lessee displaced from that unit by the withdrawal, if that tenant or lessee requests the offer in writing within 30 days after the owner has notified the city of an intention to offer the accommodations again for residential rent or lease pursuant to a requirement adopted by the city under Government Code § 7060.4(c).

4. What Options Does the City Have for Implementation and Enforcement of a Rent Stabilization Ordinance?
Existing state tenant protections are enforced through civil proceedings, which place the responsibility on the tenant to find legal representation to resolve disputes with the landlord. The City could explore initially implementing a similar model for certain disputes and measure its effectiveness over time, then determine whether to modify it based on ex perience. One benefit of this approach is that it may enable the City to implement rent stabilization quickly and cost effectively.

Antioch City Council Report
July 26, 2022 Agenda Item #SM-1 5
The City Council would need to establish a procedure for accommodating landlord requests for increases in rent above the established limit if needed to comply with the constitutional right of “fair return.” Some cities have a petition process that is reviewed and determined by staff. Other cities have a Rent Review Board to consider these types of requests.

The City’s ordinance could require owners of rental units to register the unit with the City to facilitate education and monitoring, but a separate registration may not be necessary because the City currently has landlords register with the City for the Residential Landlord Business License Tax (Measure O).

The City Council could consider providing, or partnering with nonprofit organizations that provide legal support resources and informal dispute resolution programs. Additional enforcement mechanisms could include the imposition of administrative fines, the initiation of judicial proceedings for injunction by the City, and establishment of violations as criminal misdemeanors.

Education is essential to achieving compliance. The City Council would need to determine whether the City Manager will be responsible for assigning staff or consultants to develop and implement an education and outreach program on rent stabilization or if Council wishes to create a Rent Review Board to develop policies and programs for education and outreach.

What Information Should the City Collect and Consider?
As part of the legislative history for a RSO, the City Council should make fact specific findings as part of the passage of the ordinance. If the City Council would like to proceed with the development of an RSO, there are certain kinds of information, listed below, that should be collected and reviewed as a part of the policy -development and decision-making process. Some of this information is available as a result of the recent update to the Housing Element.

The attached City of Oxnard RSO illustrates how specific economic and land use information is used to support a city’s exercise of its pol ice power to adopt local rent increase restrictions.
• Amount of rental housing stock in the City, including “separately alienable” units (how many single family homes, condominiums, and cooperatives) and units first receiving a certificate of occupancy after February 1, 1995 exempted by Costa- Hawkins, which includes “separately alienable” units.
• Quantitative data on number of households, renters, landlords, and homeowners in the City.
• Economic data on City’s rental market, changes in rent over a defined time period, market forces and forecasting that would influence rent increase policies.

Antioch City Council Report
July 26, 2022 Agenda Item #SM-1 6
• City resources available to establish an enforcement or education program. • Non-profit organizations available to assist with enforcement and/or education.

The City Attorney’s Office can work with the Community Development Department to identify information available at the City to provide support for the findings. In general, Antioch has a lower share of above moderate income households and a higher share of lower-income households than the Bay Area region and Contra Costa County.

The typical contract rent for an apartment in Antioch was $1,610 in 2019. Rental prices increased by 50.8 percent from 2009 to 2019. To rent a typical apartment without cost burden, a household would need to make $64,560 per year.

The U.S. Department of Housing and Urban Development (HUD) considers housing to be affordable for a household if the household spends less than 30 percent of its income on housing costs. A household is considered “cost-burdened” if it spends more than 30 percent of its monthly income on housing costs, while those who spend more than 50 percent of their income on housing costs are considered “severely cost- burdened.”
In Antioch, 20.3 percent of households spend 30- 50 percent of their income on housing, while another 20.8 percent of households are severely cost burden and use the majority of their income for housing.

What is the Process for Adopting Rent Stabilization?
Rent stabilization would be adopted by ordinance. An ordinance requires two readings and must be adopted at a regular meeting or a regular adjourned meeting not earlier than five days following introduction (Government Code § 36931 et seq.). Following adoption, the entire ordinance must be published in a newspaper of general circulation. Generally effective on the 30
days following adoption. An ordinance must not conflict with the Constitutions (U.S. and California) and laws of California or United States (Government Code section 37100). Following adoption, the entire ordinance must be published in a newspaper of general circulation.

ATTACHMENTS
A. Rent Stabilization Ordinance from the City of Oxnard ( May 2022) B. AB 1482: The Tenant Protection Act of 2019
C. The Costa-Hawkins Rental Housing Act (1995)
D. The Ellis Act (1985)
ORDINANCE NO. 3013

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF OXNARD ADDING ARTICLE II TO CHAPTER 27 OF

THE OXNARD CITY CODE ESTABLISHING RENT

STABILIZATION REGULATIONS INCLUDING

PROHIBITING RESIDENTIAL REAL PROPERTY RENTAL
RATE INCREASES THAT EXCEED FOUR PERCENT (4%)

ANNUALLY

THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS
FOLLOWS:

Section 1. The City Council of Oxnard hereby finds, determines and declares as follows:

A. At the City Council meetings on October 19, 2021, February 9, 2022, and April 13, 2022, the City Council discussed the City of Oxnard's ("Oxnard" or "City") ability to address rent increases on residential real property.

B. The increasing housing rent burden and poverty faced by many residents in the City threatens the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families.

C. The average household in the City has a median annual income of $72,843, which is below the State median income ($80,440) and the Ventura County median income ($92,236). The median income in the City is also substantially lower than some of its neighboring cities, such as Thousand Oaks ($109,378).

The City's housing stock consists of 51,460 units-27,631 of which are owner­ occupied and 23,829 of which are renter-occupied.

D. The U.S. Census Bureau uses a set of money income thresholds that vary by family size and composition to determine who classifies as impoverished.

According to the Census Bureau, in 2019, the City had a poverty rate of 13.8%-­ a number that is higher than the national average of 12.3%.

E. Between 1996 and 2016, median home sales prices in the Southern California Association of Governments ("SCAG") region increased 206% from $180,870 to $552,994. During that same period the median income decreased by $3,616 (when adjusted to 2016 dollars). In Oxnard, the median home price increased by

40.2% between 2013-2019 ($323,700 to $453,900). However, during that same period, the median family income in Oxnard grew at a disproportionate rate of 19% ($60,784 to $72,843).

Page1of10

ATTACHMENT A
F. The increase in the cost of housing within the City can be attributed to new developments in the past 20 years, such as new communities like Seabridge, RiverPark and Victoria Estates where a three bedroom home ranges from $700,000 to $2,000,000. The two-bedroom average rent in the City has increased by 18% over the past three years from $1,823 to $2,155, which indicates that households with the median income of $72,843 cannot afford or would struggle to afford the average rent. A household with a median income of $72,843 living in a two bedroom unit costing $1,823 per month, would need to spend 30% of their income on housing.

G. In the City, approximately 6,839 renter-occupied households had more than one occupant per room, which meets California's definition for overcrowding. Further, approximately 2,500 renter-occupied households had more than 1.5 occupants per room, which meets California's definition of severe overcrowding.

H. The housing rent burden and poverty faced by many residents in Oxnard threatens the health, safety, and welfare of its residents, particularly when resulting in eviction and displacement. Studies have shown that evictions play an impactful role in the lives of low income renter households and can also contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children.

I. Moreover, an eviction can remain on a renter's credit history for at least seven years, impacting one's ability to rent and find employment opportunities.

J. The Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent stabilization to certain residential rental properties. This Ordinance intends to comply with the Costa-Hawkins Rental Housing Act, and all other applicable state and federal laws.

K. Increasing the number of homeless residents in Oxnard, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk.

L. The economic conditions and recognized housing shortage in Southern California have the potential to detrimentally impact a substantial number of residents in Oxnard, and impose a particular hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in Oxnard.

M. The Mobilehome Residency Law ("MRL"), California Civil Code sections 798, et seq., expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions.

N. Through City Code Chapter 24, Article I, the City previously established a rent stabilization system for mobile home parks, and the City Council desires to leave that system intact.

0. With the exception of City Code Chapter 24, Article I, the City has not previously regulated the setting and increasing of rents for residential real property. Given the concerns discussed herein, the City Council desires to evaluate rent stabilization policies protecting residents outside of mobile home parks from unreasonable rent increases, while ensuring that the owners of residential real property may earn a fair and reasonable return on their property.

P. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.

Q. Based on the foregoing facts, and the facts presented to the City Council at the meetings at which this ordinance was introduced and adopted, the City Council finds that allowing owners of residential real property to have unfettered discretion to increase rents would pose a threat to the public health, safety, and welfare, and that a prohibition of rent increases, except as allowed herein, is therefore necessary.

R. The City Council hereby adopts these regulations in order to address the threats set forth below.

1. Absent the adoption of this ordinance, as a result of the economic conditions and recognized housing shortage in Southern California, significant rent increases will impact a substantial number of residents in Oxnard and constitute a threat to public health, safety, and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City;

2. For the preservation of the public peace, health, and safety, the City Council finds that it is necessary to adopt an ordinance stabilizing rents for all of the reasons set forth in the recitals above, which are hereby incorporated by reference; and

3. Certain aspects of public health, safety, and welfare are not adequately protected by the City's existing mobile home park rent stabilization system both because of that system's limited scope and due to the City's lack of rent stabilization mechanics or controls on residential real property generally, and it is in the interest of the City, owners, residents, and the community as a whole that the City adopt regulations to protect affordable housing within the City, including, but not limited to, rent stabilization regulations applicable to residential real property generally.

S. The direction for this ordinance dated October 19, 2021, February 9, 2022, and April 13, 2022, shall be incorporated herein by this reference, and together with this ordinance, any amendments or supplements, and oral testimony, shall constitute the necessary findings for this ordinance.

T. The City Council finds, determines and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of the ordinance.

Section 2. The recitals and statements of fact set forth in the preamble to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference.

Section 3. Chapter 27, Article II, is hereby added to the City Code to read as follows:
"Article II: RENT STABILIZATION
SEC. 27-20. CITATION.

This Article shall be known as the "Rent Stabilization Ordinance." SEC. 27-21. PROHIBITED INCREASES.

Increases in rent on residential real property in the city of Oxnard in excess of four percent (4%), and more than one rent increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq.

SEC. 27-22. REASONABLE RATE OF RETURN.

This ordinance allows for an annual adjustment of residential real property rent of up to four percent (4%). Such an increase is found and determined to provide a just and reasonable return on an owner's property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any owner of residential real property who contends that the limit on rental increases set forth in Section 27-21 above will prevent the owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 27-21 pursuant to the procedures set forth in section 27-23.

SEC. 27-23. FAIR RETURN PETITION FOR RENT INCREASE.

(A) An owner of residential real property may petition for a rent increase in excess of that provided in section 27-21 in order to obtain a fair and reasonable return on their property ("Fair Return Petition"). Such Fair Return Petition shall be on an application form prescribed by the City Manager and shall be decided by the City Manager, or their designee ("City Manager''). Owner shall provide a copy of any Fair Return Petition submitted to the city to the applicable tenant(s), and provide City with proof of completing such service to the applicable tenant(s). The tenant(s) will then have thirty (30) days from the dale of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition. The owner shall bear the burden of establishing that a rate increase in excess of that provided in section 27-21 is necessary to provide the owner with a fair and reasonable return on their property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, they will not realize a fair and reasonable return on their property.
(B) Owner shall be responsible for all costs associated with the City's review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the City Manager shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the owner's request. If the City Manager so determines, the City Manager shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the Owner, and the Fair Return Petition shall not be processed until the owner has paid to the city the estimated cost of the complete analysis. City will provide owner with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the owner. If additional funds are required, payment will be required before Owner receives the determination on the Fair Return Petition from the city.
(C) The factors the City Manager may consider in deciding a Fair Return Petition may include, but not be limited to:
(1) Changes in the Consumer Price Index for All Urban Consumers in the Oxnard-Thousand Oaks-Ventura Metropolitan Area published by the Bureau of Labor Statistics.
(2) The length of time since the last determination by the City Manager on a rent increase application, or the last rent increase if no previous rent increase application has been made.
(3) The completion of any capital improvements or rehabilitation work related to the residential real property or mobile home space or spaces specified in the Fair Return Petition, and the cost thereof, including materials, labor, construction interest, permit fees, and other items the City Manager deems appropriate.

(4) Changes in property taxes or other taxes related to the subject residential real property or mobile home park.
(5) Changes in the rent paid by the owner for the lease of the residential real property or land on which the subject mobile home park is located.
6) Changes in the utility charges for the subject residential real property or mobile home park paid by the owner, and the extent, if any, of reimbursement from the tenants.
(7) Changes in reasonable operating and maintenance expenses. (8) The need for repairs caused by circumstances other than ordinary wear and tear.
(9) The amount and quality of services provided by the owner to the affected tenant(s).
(D) A Fair Return Petition shall be decided by the City Manager within sixty (60) calendar days of the date that the application has been deemed complete, including proof of service of the Fair Return Petition on the applicable tenant(s). The decision shall be emailed and sent by mail, with proof of mailing to the subject property owner, the owner's designated representative(s) for the Fair Return Petition, the applicable tenant(s}, and the designated representative of the tenant(s), if any. The decision of the City Manager shall be final and not appealable.

SEC. 27-24. EXEMPTIONS.
(A) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following: any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1 )); and, any other provisions of the Costa-Hawkins Rental Housing Act addressing exemptions, as applicable.
(B) Pursuant to the Tenant Protection Act of 2019, California Civil Code section 1947.12(d}, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:

(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (3) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(a) The owner is not any of the following:
i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
(b) At the time the tenancy is created:
i. The tenants have been provided written notice that the residential real property is exempt from this section using the following statement:
"This property is not subject to the rent limits imposed by Oxnard City Code Chapter 27, Article II and the
owner is not any of the following: (1) a real estate
investment trust, as defined by section 856 of the
Internal Revenue Code; (2) a corporation; or (3) a
limited liability company in which at least one member
is a corporation."
ii. For a tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. iii. For a tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the rental agreement.
(4) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy

so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. (C) The provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
(1) A unit subject to City Code Chapter 24, Article I, the City's Mobile Home Park Rent Stabilization System.
(2) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to transient guests for a period of less than 30 days; and other transient occupancies as defined in California Civil Code section 1940, subdivision (b}.
(3) A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless persons as defined in California Civil Code section 1954.12; a convent or monastery owned and operated by a religious organization; and a fraternity or sorority house affiliated with a college or university.
(4) A unit that the owner or the owner's immediate family occupied as their principal place of residence at the beginning of the tenancy so long as the owner or the owner's immediate family continues in occupancy.

SEC. 27-25. RENT INCREASE INEFFECTIVE.

No rent increase shall be effective if the owner:
(A) Fails to substantially comply with all provisions of this article, including but not limited to the failure to provide notices as required; or (B) Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.1 0; or
(C) Fails to make repairs ordered by the city or court of competent jurisdiction.

SEC. 27-26. NOTICE REQUIREMENTS.
(A) An owner of any residential real property subject to this article shall, on or before the date of commencement of a tenancy, give the tenant a written notice in a form prescribed by the City which must include the following information:

(1) The existence and scope of this Chapter 27, Article II of the City Code;and
(2) The tenant's right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 27-23.
(B) As part of any notice to increase rent, an owner must include:
(1) Notice of the existence of this Chapter 27, Article II of the City Code;and
(2) The tenant's right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 27-23, unless such rent increase is pursuant to an approved Fair Return Petition. (3) No rent increase shall take effect until the requirements of this article have been met.
(C) When the owner and tenant have entered into a written lease, the owner must give notices to the tenant in the language used in the lease. When the owner and tenant have not entered into a written lease, the owner must give notices to the tenant in the language that the owner and tenant used to negotiate the terms of the tenancy.

SEC. 27-27. DEFINITION OF RENT.

For the purposes of this article, "Rent" means all periodic payments and all nonmonetary consideration, including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the owner under an agreement concerning the use or occupancy of residential real property, including, but not limited to, all payment and consideration demanded or paid for parking, pets, furniture, and subletting.

SEC. 27-28. VIOLATIONS.
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this article. The violation of any provision of this article shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in City Code section 1-10. (b) Any owner who intentionally demands, accepts or retains any payment in violation of the provisions of this article shall be liable in a civil action to the tenant from whom such payment is demanded, accepted, or retained for damages in the sum of three limes the amount by which the payment demanded, accepted, or retained exceeds the maximum amount which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court.

SEC. 27-29. FEE ESTABLISHED.

Owners subject to this Ordinance shall pay the rent stabilization fee as established by city council resolution. The rent stabilization program fee is to fund the city's cost to implement and enforce the provisions of this Ordinance.

SEC. 27-30. SUNSET.

This Article shall automatically sunset on December 31, 2030." Section 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in section 15378 of the State CEQA Guidelines.

Section 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.

Section 6. Within 15 days after passage, the City Clerk shall cause a summary of this ordinance to be published one lime in a newspaper of general circulation published and circulated in the City. Ordinance No. 3013 was first read on April 13, 2022, and finally adopted on May 3rd , 2022, to become effective thirty (30) days thereafter.

Section 7. This ordinance shall become effective thirty (30) days after it is finally adopted. The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Oxnard, State of California, held on the 3rd day of Ill
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May 2022 , by the following vote:

AYES : Counc i lmembers Basua, Lopez, Madrigal, Teran and Zaragoza NOES : Councilmembe r s Ma cDona ld and Perella
ABSENT: None.

ABSTAIN : None .

ATTEST:
yf? ~CVMCJ 5 /,3/dd-
Rose Chaparro, ityClerk
APPROVED AS TO FORM:
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Stephen M. Fischer, City Attorney ·

ATTACHMENT B

Assembly Bill No. 1482
CHAPTER 597
An act to add and repeal Sections 1946.2, 1947.12, and 1947.13 of the Civil Code, relating to tenancy.
[Approved by Governor October 8, 2019. Filed with Secretary of State October 8, 2019.]
legislative counsel’s digest
AB 1482, Chiu. Tenant Protection Act of 2019: tenancy: rent caps.

Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate. Existing la w requires an o wner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year , as specified. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified.

This bill would, with certain e xceptions, prohibit an o wner, as defined, of residential real property from terminating a tenanc y without just cause, as defined, which the bill would require to be stated in the written notice to terminate tenancy when the tenant has continuously and lawfully occupied the residential real property for 12 months, e xcept as pro vided. The bill would require, for certain just cause terminations that are curable, that the owner give a notice of violation and an opportunity to cure the violation prior to issuing the notice of termination. The bill, if the violation is not cured within the time period set forth in the notice, would authorize a 3-day notice to quit without an opportunity to cure to be serv ed to terminate the tenancy. The bill w ould require, for no-f ault just cause terminations, as specified, that the owner, at the owner’s option, either assist certain tenants to relocate, regardless of the tenant’s income, by providing a direct payment of one month’ s rent to the tenant, as specified, or w aive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due. The bill w ould require the actual amount of relocation assistance or rent waiver provided to a tenant that f ails to vacate after the expiration of the notice to terminate the tenancy to be recoverable as damages in an action to recover possession. The bill w ould provide that if the o wner does not provide relocation assistance, the notice of termination is v oid. The bill would except certain properties and circumstances from the application of its provisions. The bill w ould require an o wner of residential property to provide prescribed notice to a tenant of the tenant’ s rights under these

91 provisions. The bill would not apply to residential real property subject to a local ordinance requiring just cause for termination adopted on or before September 1, 2019, or to residential real property subject to a local ordinance requiring just cause for termination adopted or amended after September 1, 2019, that is more protecti ve than these pro visions, as defined. The bill would void any waiver of the rights under these provisions. The bill would repeal these provisions as of January 1, 2030.

Existing law governs the hiring of residential dwelling units and requires a landlord to provide specified notice to tenants prior to an increase in rent.

Existing law, the Costa-Hawkins Rental Housing Act, prescribes statewide limits on the application of local rent control with regard to certain properties.

That act, among other things, authorizes an owner of residential real property to establish the initial and all subsequent rental rates for a dwelling or unit that meets specified criteria, subject to certain limitations.

This bill would, until January 1, 2030, prohibit an o wner of residential real property from, over the course of any 12-month period, increasing the gross rental rate for a dwelling or unit more than 5% plus the percentage change in the cost of living, as defined, or 10%, whichever is lower, of the lowest gross rental rate charged for the immediately preceding 12 months, subject to specified conditions. The bill would prohibit an owner of a unit of residential real property from increasing the gross rental rate for the unit in more than 2 increments over a 12-month period, after the tenant remains in occupancy of the unit o ver a 12-month period. The bill w ould exempt certain properties from these pro visions. The bill w ould require the Legislative Analyst’s Office to submit a report, on or before January 1, 2030, to the Legislature regarding the effectiveness of these provisions. The bill would provide that these provisions apply to all rent increases occurring on or after March 15, 2019. The bill would provide that in the event that an owner increased the rent by more than the amount specified above between March 15, 2019, and January 1, 2020, the applicable rent on January 1, 2020, shall be the rent as of March 15, 2019, plus the maximum permissible increase, and the owner shall not be liable to the tenant for any corresponding rent overpayment. The bill w ould authorize an o wner who increased the rent by less than the amount specified above between March 15, 2019, and January 1, 2020, to increase the rent twice within 12 months of March 15, 2019, but not by more than the amount specified above. The bill would void any waiver of the rights under these provisions.

The Planning and Zoning Law requires the owner of an assisted housing development in which there will be an e xpiration of rental restrictions to, among other things, provide notice of the proposed change to each affected tenant household residing in the assisted housing de velopment subject to specified procedures and requirements, and to also provide specified entities notice and an opportunity to submit an of fer to purchase the de velopment prior to the expiration of the rental restrictions.

This bill would authorize an owner of an assisted housing development, who demonstrates, under penalty of perjury, compliance with the provisions described abo ve with re gard to the e xpiration of rental restrictions, to 91 — 2 — Ch. 597

establish the initial unassisted rental rate for units without regard to the cap on rent increases discussed above, but would require the owner to comply with the abo ve cap on rent increases for subsequent rent increases in the development. The bill w ould authorize an o wner of a deed-restricted affordable housing unit or an affordable housing unit subject to a regulatory restriction contained in an agreement with a go vernment agency limiting rental rates that is not within an assisted housing development to establish the initial rental rate for the unit upon the e xpiration of the restriction, but would require the owner to comply with the above cap on rent increases for subsequent rent increases for the unit. The bill would repeal these provisions on January 1, 2030. The bill would void any waiver of the rights under these provisions. By requiring an o wner of an assisted housing de velopment to demonstrate compliance with specified provisions under penalty of perjury, this bill would expand the existing crime of perjury and thus would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. This act shall be known, and may be cited, as the Tenant Protection Act of 2019.

SEC. 2. Section 1946.2 is added to the Civil Code, to read:
1946.2. (a)  Notwithstanding an y other la w, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenanc y without just cause, which shall be stated in the written notice to terminate tenancy. If an y additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdi vision shall only apply if either of the following are satisfied:
(1)  All of the tenants ha ve continuously and la wfully occupied the residential real property for 12 months or more.
(2)  One or more tenants ha ve continuously and la wfully occupied the residential real property for 24 months or more.
(b)  For purposes of this section, “just cause” includes either of the following:
(1)  At-fault just cause, which is any of the following:
(A)  Default in the payment of rent.
(B)  A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a pro vision of the lease after being issued a written notice to correct the violation.
91 Ch. 597 — 3 —

(C)  Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(D)  Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(E)  The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to e xecute a written e xtension or rene wal of the lease for an additional term of similar duration with similar pro visions, provided that those terms do not violate this section or any other provision of law. (F)  Criminal acti vity by the tenant on the residential real property , including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or of f the residential real property, that is directed at any owner or agent of the owner of the residential real property.
(G)  Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (H)  The tenant’s refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. (I)  Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(J)  The emplo yee, agent, or licensee’ s f ailure to v acate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
(K)  When the tenant f ails to deli ver possession of the residential real property after pro viding the o wner written notice as pro vided in Section 1946 of the tenant’s intention to terminate the hiring of the real property , or mak es a written of fer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Ci vil Procedure.
(2)  No-fault just cause, which includes any of the following:
(A)  (i)  Intent to occup y the residential real property by the o wner or their spouse, domestic partner , children, grandchildren, parents, or grandparents.
(ii)  For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner , children, grandchildren, parents, or grandparents, unilaterally decides to occup y the residential real property . Addition of a provision allowing the o wner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1). (B)  Withdrawal of the residential real property from the rental market. (C)  (i)  The owner complying with any of the following:
91 — 4 — Ch. 597

(I)  An order issued by a go vernment agenc y or court relating to habitability that necessitates vacating the residential real property. (II)  An order issued by a go vernment agenc y or court to v acate the residential real property.
(III)  A local ordinance that necessitates v acating the residential real property.
(ii)  If it is determined by any government agency or court that the tenant is at f ault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D)  (i)  Intent to demolish or to substantially remodel the residential real property.
(ii)  For purposes of this subparagraph, “substantially remodel” means the replacement or substantial modification of an y structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to v acate the residential real property for at least 30 days. Cosmetic impro vements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property v acated, do not qualify as substantial rehabilitation.
(c)  Before an o wner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(d)  (1)  For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-f ault just cause described in paragraph (2) of subdivision (b), the o wner shall, regardless of the tenant’ s income, at the owner’s option, do one of the following:
(A)  Assist the tenant to relocate by pro viding a direct payment to the tenant as described in paragraph (3).
(B)  Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
(2)  If an owner issues a notice to terminate a tenanc y for no-f ault just cause, the owner shall notify the tenant of the tenant’ s right to relocation assistance or rent w aiver pursuant to this section. If the o wner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent w aived and that no rent is due for the final month of the tenancy. (3)  (A)  The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued 91 Ch. 597 — 5 —

the notice to terminate the tenanc y. Any relocation assistance shall be provided within 15 calendar days of service of the notice. (B)  If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of an y relocation assistance or rent w aiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
(C)  The relocation assistance or rent waiver required by this subdivision shall be credited ag ainst any other relocation assistance required by an y other law.
(4)  An o wner’s f ailure to strictly comply with this subdi vision shall render the notice of termination void.
(e)  This section shall not apply to the following types of residential real properties or residential circumstances:
(1)  Transient and tourist hotel occupanc y as defined in subdi vision (b) of Section 1940.
(2)  Housing accommodations in a nonprofit hospital, religious f acility, extended care f acility, licensed residential care f acility for the elderly , as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(3)  Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (4)  Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
(5)  Single-family owner-occupied residences, including a residence in which the o wner-occupant rents or leases no more than tw o units or bedrooms, including, b ut not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(6)  A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(7)  Housing that has been issued a certificate of occupanc y within the previous 15 years.
(8)  Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A)  The owner is not any of the following:
(i)  A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii)  A corporation.
(iii)  A limited liability compan y in which at least one member is a corporation.
(B)  (i)  The tenants have been provided written notice that the residential property is exempt from this section using the following statement:

91 — 6 — Ch. 597

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the follo wing: (1) a real estate in vestment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” (ii)  For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. (iii)  For any tenancy commenced or rene wed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement. (iv)  Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
(9)  Housing restricted by deed, re gulatory restriction contained in an agreement with a go vernment agenc y, or other recorded document as affordable housing for persons and f amilies of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that pro vides housing subsidies for af fordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f)  An owner of residential real property subject to this section shall provide notice to the tenant as follows:
(1)  For any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(2)  For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
(3)  The notification or lease provision shall be in no less than 12-point type, and shall include the following:

“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants ha ve continuously and la wfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”

The provision of the notice shall be subject to Section 1632. (g)  (1)  This section does not apply to the follo wing residential real property:
91 Ch. 597 — 7 —

(A)  Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply. (B)  Residential real property subject to a local ordinance requiring just cause for termination of a residential tenanc y adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply . F or purposes of this subparagraph, an ordinance is “more protective” if it meets all of the following criteria:
(i)  The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.
(ii)  The ordinance further limits the reasons for termination of a residential tenancy, pro vides for higher relocation assistance amounts, or pro vides additional tenant protections that are not prohibited by any other provision of law.
(iii)  The local government has made a binding finding within their local ordinance that the ordinance is more protecti ve than the provisions of this section.
(2)  A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenanc y and this section.
(3)  A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.
(h)  Any waiver of the rights under this section shall be void as contrary to public policy.
(i)  For the purposes of this section, the following definitions shall apply:
(1)  “Owner” and “residential real property” ha ve the same meaning as those terms are defined in Section 1954.51.
(2)  “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(j)  This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 3. Section 1947.12 is added to the Civil Code, to read:
1947.12. (a)  (1)  Subject to subdivision (b), an owner of residential real property shall not, o ver the course of an y 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the ef fective date of the increase. In determining the lo west gross rental amount pursuant to this section, an y rent discounts, incentives, concessions, or credits of fered by the owner of such unit of residential real property and accepted by the tenant shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
91 — 8 — Ch. 597

(2)  If the same tenant remains in occupancy of a unit of residential real property over any 12-month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase.
(b)  For a new tenancy in which no tenant from the prior tenancy remains in lawful possession of the residential real property, the owner may establish the initial rental rate not subject to subdivision (a). Subdivision (a) is only applicable to subsequent increases after that initial rental rate has been established.
(c)  A tenant of residential real property subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allo wable rental rate authorized by subdi vision (a). Nothing in this subdivision authorizes a tenant to sublet or assign the tenant’s interest where otherwise prohibited.
(d)  This section shall not apply to the following residential real properties:
(1)  Housing restricted by deed, re gulatory restriction contained in an agreement with a go vernment agenc y, or other recorded document as affordable housing for persons and f amilies of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that pro vides housing subsidies for af fordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2)  Dormitories constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.
(3)  Housing subject to rent or price control through a public entity’s valid exercise of its police power consistent with Chapter 2.7 (commencing with Section 1954.50) that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(4)  Housing that has been issued a certificate of occupanc y within the previous 15 years.
(5)  Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A)  The owner is not any of the following:
(i)  A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii)  A corporation.
(iii)  A limited liability compan y in which at least one member is a corporation.
(B)  (i)  The tenants have been provided written notice that the residential real property is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 91 Ch. 597 — 9 —

1947.12 (c)(5) and 1946.2 (e)(7) of the Civil Code and the owner is not any of the follo wing: (1) a real estate in vestment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” (ii)  For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. (iii)  For a tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement. (iv)  Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b) of Section 1946.2.
(6)  A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(e)  An o wner shall pro vide notice of an y increase in the rental rate, pursuant to subdivision (a), to each tenant in accordance with Section 827. (f)  (1)  On or before January 1, 2030, the Le gislative Analyst’s Office shall report to the Legislature regarding the effectiveness of this section and Section 1947.13. The report shall include, but not be limited to, the impact of the rental rate cap pursuant to subdi vision (a) on the housing mark et within the state.
(2)  The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(g)  For the purposes of this section, the following definitions shall apply:
(1)  “Owner” and “residential real property” shall have the same meaning as those terms are defined in Section 1954.51.
(2)  “Percentage change in the cost of living” means the percentage change from April 1 of the prior year to April 1 of the current year in the re gional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.
(3)  “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(h)  (1)  This section shall apply to all rent increases subject to subdivision (a) occurring on or after March 15, 2019. This section shall become operative January 1, 2020.
(2)  In the event that an o wner has increased the rent by more than the amount permissible under subdi vision (a) between March 15, 2019, and January 1, 2020, both of the following shall apply:
(A)  The applicable rent on January 1, 2020, shall be the rent as of March 15, 2019, plus the maximum permissible increase under subdivision (a). (B)  An owner shall not be liable to the tenant for any corresponding rent overpayment.
91 — 10 — Ch. 597

(3)  An owner of residential real property subject to subdivision (a) who increased the rental rate on that residential real property on or after March 15, 2019, but prior to January 1, 2020, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of March 15, 2019, b ut in no e vent shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a). (i)  Any waiver of the rights under this section shall be v oid as contrary to public policy.
(j)  This section shall remain in ef fect until January 1, 2030, and as of that date is repealed.
(k)  (1)  The Legislature finds and declares that the unique circumstances of the current housing crisis require a state wide response to address rent gouging by establishing statewide limitations on gross rental rate increases. (2)  It is the intent of the Le gislature that this section should apply only for the limited time needed to address the current statewide housing crisis, as described in paragraph (1). This section is not intended to expand or limit the authority of local governments to establish local policies regulating rents consistent with Chapter 2.7 (commencing with Section 1954.50), nor is it a statement regarding the appropriate, allowable rental rate increase when a local government adopts a policy regulating rent that is otherwise consistent with Chapter 2.7 (commencing with Section 1954.50).
(3)  Nothing in this section authorizes a local go vernment to establish limitations on an y rental rate increases not otherwise permissible under Chapter 2.7 (commencing with Section 1954.50), or af fects the e xisting authority of a local government to adopt or maintain rent controls or price controls consistent with that chapter.

SEC. 4. Section 1947.13 is added to the Civil Code, to read:
1947.13. (a)  Notwithstanding Section 1947.12, upon the expiration of rental restrictions, the following shall apply:
(1)  The owner of an assisted housing de velopment who demonstrates, under penalty of perjury , compliance with all applicable pro visions of Sections 65863.10, 65863.11, and 65863.13 of the Go vernment Code and any other applicable law or regulation intended to promote the preservation of assisted housing, may establish the initial unassisted rental rate for units in the applicable housing development. Any subsequent rent increase in the development shall be subject to Section 1947.12.
(2)  The owner of a deed-restricted affordable housing unit or an affordable housing unit subject to a re gulatory restriction contained in an agreement with a government agency limiting rental rates that is not within an assisted housing development may establish the initial rental rate for the unit upon the expiration of the restriction. Any subsequent rent increase for the unit shall be subject to Section 1947.12.
(b)  For purposes of this section:
(1)  “Assisted housing de velopment” has the same meaning as defined in paragraph (3) of subdivision (a) of Section 65863.10 of the Government Code.
91 Ch. 597 — 11 —

(2)  “Expiration of rental restrictions” has the same meaning as defined in paragraph (5) of subdivision (a) of Section 65863.10 of the Government Code.
(c)  This section shall remain in ef fect until January 1, 2030, and as of that date is repealed.
(d)  Any waiver of the rights under this section shall be void as contrary to public policy.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

O
91 — 12 — Ch. 597

4  |  RENT CONTROL CHART FOR CALIFORNIA
State of California Tenant Protection Act of 2019 (AB 1482) Name of Legislation
(AB 1482)
California Civil Code
Division 3. Obligations
Part 4. Obligations Arising from Particular
Transactions
Title 5. Hiring
Chapter 2. Hiring of Real Property
Tenant Protection Act of 2019
1946.2 Just Cause
1947.12. Cap on rent increases.
1947.13 Assisted and Affordable Housing
Effective Dates
Effective 1/1/20 and scheduled to expire on 1/1/30.

Note: AB 1482 is preempted by more protective
local rent control ordinances, and ordinances
requiring just cause that were 1); adopted on or
before 9/1/19, or 2); adopted or amended after that
date and with more protective just cause provisions
than AB 1482.

Exemptions
Apartments built within 15 years of the current
date are exempt (“rolling” exemption), along with
hotels and related short-term housing, medical
facilities, dormitories, and religious, extended,
or residential care facilities. Duplexes are exempt
where the owner occupies one unit as a principal
place of residence at the start of the tenancy, and
continues to live there throughout.

Single family homes are exempt where 1) the
owner is a “natural person” rather than an insti-
tutional investor like a corporation, real-estate
investment trust, or LLC with at least one corpo-
rate member, 2) the owner maintains a principal
residence in the unit and shares a bathroom or
kitchen with the tenant, or 3) owner-occupied
homes where the owner rents two or less units
(granny flats, ADU).
!

CAUTION
Tenants of an exempt single family dwelling
must be notified in writing in the lease or rental
agreement that the unit is exempt, using the exact
language specified in Cal. Civ. Code. §§ 1946.2(8)(B)(i-iii) and 1947.12(5)(B)(i-iii).

Administration
No state agency is responsible for enforcement.

Tenant must file a lawsuit to enforce rights.

Cap on rent increases
Annual rent increases are limited to the lesser of
5% plus the metropolitan area Consumer Price
Index, or 10% of the total of the lowest gross rental
rate charged at any time during the 12 months
prior to the effective date of the increase.

Starting 1/1/20 the base rent for calculating
increases is the rent in effect as of 3/15/19. Rent may be increased only twice over any 12 month period.
(Cal Civ. Code § 1947.12.)
Just Cause required for Eviction?
Just cause applies once the tenant has continuously
and lawfully occupied the unit for 12+ months.

If additional tenant(s) are added before the existing
tenant has occupied for 24 months, then all tenants
must have occupied the unit for 12+ months, or
one or more
tenants for 24+ months. (Cal Civ. Code
§ 1946.2(a).)
Other
Tenants subjected to a no-fault eviction are entitled
to either relocation assistance or a rent waiver equal
to one month’s rent. (Cal Civ. Code § 1946.2.)
For a curable lease violation (tenant at fault, see
below), the owner must first give the tenant notice and an opportunity to cure pursuant to California Code
CCP 1161(3) (i.e., 3 day notice to cure or quit). A
three-day notice to quit without an opportunity to
cure can then be served to terminate the tenancy. For
a no-fault termination, the tenant must be informed
of the right to relocation assistance or rent waiver.

TENANT PROTECTIONS CHART FOR CALIFORNIA   |  5
Reasons Allowed for Just Cause Evictions—Tenant at
Fault (Cal. Civ. Code § 1946.2(a) Additional Local Notice Requirements and Limitations Failure to pay rent.

Breach of the lease. Breach as described in Cal. Civ. Proc. § 1161(3), including violation of a provision of the lease after being issued a written notice to correct the violation.

Maintaining, committing, or permitting nuisance. Tenant commits or maintains a public nuisance as described in Cal. Civ. Proc. § 1161(4), Cal Civ. Code § 3482.8 (dog/ cockfighting), 3485(c) (guns & ammo) or 3486(c) (drugs).

Committing waste. See Cal Civ. Code § 1161(4).

Tenant refuses to renew.

A written lease terminates after 1/1/20, and following a written request tenant refuses to execute a renewal of similar duration and terms. Refusal to renew can include tenant’s failure to agree to a clause allowing for landlord move-in. Cal Civ. Code § 1161(2)(A)(ii).

Criminal activity. Tenant engages in criminal activity on the property, (including common areas), or criminal activity or threats, as defined in Penal Code 422(a) (death or great bodily injury to another person), on or off the property, directed at owner or owner’s agent.

Assigning or subletting in violation of lease. Assigning or subletting the premises in violation of the lease, per Cal Civ. Code § 1161(4).

Tenant refuses to allow landlord reasonable access to
the unit.

Tenant’s refusal to allow access as authorized by Cal Civ.

Code § 1101.5, 1954, and 1946.2 and Cal. Health and Safety Code §§ 13113.7 and 17926.1.

Using premises for unlawful purpose.

Unlawful purpose as described in Cal Civ. Proc. § 1161(4), i.e., Cal. Civ. Code §§ 3482.8 (dog/cockfighting), 3485(c) (guns & ammo) and 3486(c) (drugs).

Terminated employee refuses to vacate. Tenant is landlord’s employee, agent, or licensee who refuses to vacate following termination. (Cal. Civ. Code § 1161(1).) Hold-over tenant. Tenant fails to deliver possession after providing written notice pursuant to Cal. Civ. Code §1946 of tenant’s intention to terminate the lease; or tenant’s written offer to surrender is accepted in writing by the landlord, but tenant fails to deliver. (Cal Civ. Proc. § 1161(5).)
6  |  RENT CONTROL CHART FOR CALIFORNIA
Reasons Allowed for Just Cause Evictions—No Fault
Owner move-in by owner or owner’s spouse, domestic
partner, children, grandchildren, parents, or grandparents.

For leases entered into on or after 7/1/20, move-ins are available only if the tenant agrees in writing, or if a lease provision specifically allows termination for owner move-ins.

Adding a provision to a renewal which allows termination for owner move-in constitutes a “similar provision” for the purposes of refusing to renew a lease.

Withdrawal of property from the rental market.

Landlord must evict tenant to comply with a local
ordinance or an order from a court or government agency.

Eviction must be necessary to comply with (I) a government agency or court order relating to habitability that requires vacating the property; (II) a government agency or court order to vacate the property; or (III) a local ordinance that requires vacating the property.

If a government agency or court determines tenant is at f
ault for triggering the order/need to vacate under Clause (I), the tenant is not entitled to relocation assistance.

Intent to demolish or to substantially remodel the property. “Substantially remodel” means the replacement or substantial modification requiring a permit, or abatement of hazardous materials that requires the tenant to vacate for at least 30 days. Cosmetic improvements alone that
can be performed safely without vacating, don’t qualify as substantial rehabilitation.
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CIVIL CODE - CIV
DIVISION 3. OBLIGATIONS [1427 - 3273.16] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.16] ( Part 4 enacted 1872. ) TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. ) This chapter shall be known and may be cited as the Costa-Hawkins Rental Housing Act. (Added by Stats. 1995, Ch. 331, Sec. 1. Effective January 1, 1996.) As used in this chapter, the following terms have the following meanings:
(a) “Comparable units” means rental units that have approximately the same living space, have the same number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services.
(b) “Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent. (c) “Prevailing market rent” means the rental rate that would be authorized pursuant to 42 U.S.C.A. 1437 (f), as calculated by the United States Department of Housing and Urban Development pursuant to Part 888 of Title 24 of the Code of Federal Regulations.
(d) “Public entity” has the same meaning as set forth in Section 811.2 of the Government Code. (e) “Residential real property” includes any dwelling or unit that is intended for human habitation. (f) “Tenancy” includes the lawful occupation of property and includes a lease or sublease. (Added by Stats. 1995, Ch. 331, Sec. 1. Effective January 1, 1996.) (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling or a unit about which any of the following is true:
(1) It has a certificate of occupancy issued after February 1, 1995. (2) It has already been exempt from the residential rent control ordinance of a public entity on or before February 1, 1995, pursuant to a local exemption for newly constructed units. (3) (A) It is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code. (B) This paragraph does not apply to either of the following:
(i) A dwelling or unit where the preceding tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827.
(ii) A condominium dwelling or unit that has not been sold separately by the subdivider to a bona fide purchaser for value. The initial rent amount of the unit for purposes of this chapter shall be the lawful rent in effect on May 7, 2001, unless the rent amount is governed by a different provision of this chapter.

However, if a condominium dwelling or unit meets the criteria of paragraph (1) or (2) of subdivision (a), or if all the dwellings or units except one have been sold separately by the subdivider to bona fide purchasers Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

ATTACHMENT C
7/15/22, 4:22 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.7.&article 2/3 1954.53.
for value, and the subdivider has occupied that remaining unsold condominium dwelling or unit as his or her principal residence for at least one year after the subdivision occurred, then subparagraph (A) of paragraph (3) shall apply to that unsold condominium dwelling or unit. (C) Where a dwelling or unit in which the initial or subsequent rental rates are controlled by an ordinance or charter provision in effect on January 1, 1995, the following shall apply:
(i) An owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all existing and new tenancies in effect on or after January 1, 1999, if the tenancy in effect on or after January 1, 1999, was created between January 1, 1996, and December 31, 1998. (ii) Commencing on January 1, 1999, an owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all new tenancies if the previous tenancy was in effect on December 31, 1995.
(iii) The initial rental rate for a dwelling or unit as described in this paragraph in which the initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not, until January 1, 1999, exceed the amount calculated pursuant to subdivision (c) of Section 1954.53. An owner of residential real property as described in this paragraph may, until January 1, 1999, establish the initial rental rate for a dwelling or unit only where the tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure. (b) Subdivision (a) does not apply where the owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (c) Nothing in this section shall be construed to affect the authority of a public entity that may otherwise exist to regulate or monitor the basis for eviction.
(d) This section does not apply to any dwelling or unit that contains serious health, safety, fire, or building code violations, excluding those caused by disasters for which a citation has been issued by the appropriate governmental agency and which has remained unabated for six months or longer preceding the vacancy. (Amended by Stats. 2004, Ch. 568, Sec. 4. Effective January 1, 2005.) (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial rental rate for a dwelling or unit, except where any of the following applies:
(1) The previous tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees. For the purpose of this paragraph, the owner’s termination or nonrenewal of a contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant, shall be construed as a change in the terms of the tenancy pursuant to Section 827. (A) In a jurisdiction that controls by ordinance or charter provision the rental rate for a dwelling or unit, an owner who terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant may not set an initial rent for three years following the date of the termination or nonrenewal of the contract or agreement. For any new tenancy established during the three-year period, the rental rate for a new tenancy established in that vacated dwelling or unit shall be at the same rate as the rent under the terminated or nonrenewed contract or recorded agreement with a governmental agency that provided for a rent limitation to a qualified tenant, plus any increases authorized after the termination or cancellation of the contract or recorded agreement. (B) Subparagraph (A) does not apply to any new tenancy of 12 months or more duration established after January 1, 2000, pursuant to the owner’s contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant, unless the prior vacancy in that dwelling or unit was pursuant to a nonrenewed or canceled contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant as set forth in that subparagraph. (2) The owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(3) The initial rental rate for a dwelling or unit whose initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not until January 1, 1999, exceed the amount calculated pursuant to 7/15/22, 4:22 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.7.&article 3/3 1954.535.
subdivision (c).
(b) Subdivision (a) applies to, and includes, renewal of the initial hiring by the same tenant, lessee, authorized subtenant, or authorized sublessee for the entire period of his or her occupancy at the rental rate established for the initial hiring.
(c) The rental rate of a dwelling or unit whose initial rental rate is controlled by ordinance or charter provision in effect on January 1, 1995, shall, until January 1, 1999, be established in accordance with this subdivision. Where the previous tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of Code of Civil Procedure, an owner of residential real property may, no more than twice, establish the initial rental rate for a dwelling or unit in an amount that is no greater than 15 percent more than the rental rate in effect for the immediately preceding tenancy or in an amount that is 70 percent of the prevailing market rent for comparable units, whichever amount is greater.

The initial rental rate established pursuant to this subdivision may not substitute for or replace increases in rental rates otherwise authorized pursuant to law.
(d) (1) Nothing in this section or any other provision of law shall be construed to preclude express establishment in a lease or rental agreement of the rental rates to be applicable in the event the rental unit subject thereto is sublet.

Nothing in this section shall be construed to impair the obligations of contracts entered into prior to January 1, 1996.
(2) If the original occupant or occupants who took possession of the dwelling or unit pursuant to the rental agreement with the owner no longer permanently reside there, an owner may increase the rent by any amount allowed by this section to a lawful sublessee or assignee who did not reside at the dwelling or unit prior to January 1, 1996.
(3) This subdivision does not apply to partial changes in occupancy of a dwelling or unit where one or more of the occupants of the premises, pursuant to the agreement with the owner provided for above, remains an occupant in lawful possession of the dwelling or unit, or where a lawful sublessee or assignee who resided at the dwelling or unit prior to January 1, 1996, remains in possession of the dwelling or unit. Nothing contained in this section shall be construed to enlarge or diminish an owner’s right to withhold consent to a sublease or assignment. (4) Acceptance of rent by the owner does not operate as a waiver or otherwise prevent enforcement of a covenant prohibiting sublease or assignment or as a waiver of an owner’s rights to establish the initial rental rate, unless the owner has received written notice from the tenant that is party to the agreement and thereafter accepted rent.
(e) Nothing in this section shall be construed to affect any authority of a public entity that may otherwise exist to regulate or monitor the grounds for eviction.
(f) This section does not apply to any dwelling or unit if all the following conditions are met:
(1) The dwelling or unit has been cited in an inspection report by the appropriate governmental agency as containing serious health, safety, fire, or building code violations, as defined by Section 17920.3 of the Health and Safety Code, excluding any violation caused by a disaster. (2) The citation was issued at least 60 days prior to the date of the vacancy. (3) The cited violation had not been abated when the prior tenant vacated and had remained unabated for 60 days or for a longer period of time. However, the 60-day time period may be extended by the appropriate governmental agency that issued the citation.
(Amended by Stats. 2004, Ch. 568, Sec. 5. Effective January 1, 2005.) Where an owner terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitations to a qualified tenant, the tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days’ written notice of the effective date of the termination and shall not be obligated to pay more than the tenant’s portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of nonrenewal of the contract.
(Added by Stats. 1999, Ch. 590, Sec. 3. Effective January 1, 2000.)

ATTACHMENT D
Assembly Bill No. 1399
CHAPTER 596
An act to amend Sections 7060.2, 7060.4, and 7060.7 of the Government Code, relating to residential real property.
[Approved by Governor October 8, 2019. Filed with Secretary of State October 8, 2019.]
legislative counsel’s digest
AB 1399, Bloom. Residential real property: rent control: withdrawal of accommodations.
(1)  Existing law, commonly known as the Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, as specified, to compel the o wner of residential real property to offer or to continue to of fer accommodations, as defined, in the property for rent or lease. Existing la w authorizes a public entity acting pursuant to the Ellis Act to require an o wner who of fers accommodations for rent or lease within a period not e xceeding 10 years from the date on which they were withdrawn, as specified, to first offer the unit to the tenant or lessee displaced from that unit by the withdrawal, subject to certain requirements. If the owner fails to comply with this requirement, the owner is liable to a displaced tenant or lessee for punitive damages not to exceed 6 months’ rent.

This bill w ould prohibit a payment of the abo ve-described puniti ve damages from being construed to extinguish the owner’s obligation to offer the accommodations to a prior tenant or lessee, as described above. (2)  Existing law qualifies the Ellis Act prohibition on compelling owners to offer or to continue to of fer accommodations by , among other things, permitting a public entity to require an o wner to pro vide notice that the owner has initiated actions to terminate tenancies and, in this situation, the date of withdrawal of accommodations would be 120 days from the delivery of the notice. Existing la w e xtends the term for the withdra wal of accommodations, in this conte xt, to one year if the tenant or lessee is 62 years of age or older, or disabled, and other conditions are met.

This bill, with re gard to the withdra wal of accommodations and the extension of tenancies, as described abo ve, w ould require the date of withdrawal for the accommodations as a whole to be the latest termination date among all tenants within the accommodations for purposes of calculating specified time periods, as specified. The bill w ould mak e conforming changes to clarify the application of these provisions with respect to accommodations with multiple units and with respect to requirements to give notice to public entities and tenants with extended tenancies. The bill would also conform a statement of legislative intent relating to the Ellis Act

94 to specify that it is not intended to permit an o wner to return to the rental market less than all of the accommodations, among other things. The bill would also amend this statement of le gislative intent to mak e further statements regarding what the act is not intended to permit on the part of an owner.

The people of the State of California do enact as follows:

SECTION 1. Section 7060.2 of the Government Code is amended to read:
7060.2. If a public entity, by valid exercise of its police po wer, has in effect any control or system of control on the price at which accommodations may be of fered for rent or lease, that entity may , notwithstanding an y provision of this chapter, provide by statute or ordinance, or by regulation as specified in Section 7060.5, that any accommodations which have been offered for rent or lease and which were subject to that control or system of control at the time the accommodations were withdra wn from rent or lease, shall be subject to the following:
(a)  (1)  For all tenancies commenced during the time periods described in paragraph (2), the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of intent to withdra w the accommodations is filed with the public entity , plus annual adjustments available under the system of control.
(2)  The pro visions of paragraph (1) shall apply to all tenancies commenced during either of the following time periods:
(A)  The fiv e-year period after an y notice of intent to withdra w the accommodations is filed with the public entity , whether or not the notice of intent is rescinded or the withdrawal of the accommodations is completed pursuant to the notice of intent.
(B)  The five-year period after the accommodations are withdrawn. (3)  This subdivision shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the accommodations.
(b)  If the accommodations are of fered ag ain for rent or lease for residential purposes within two years of the date the accommodations were withdrawn from rent or lease, the following provisions shall govern:
(1)  The owner of the accommodations shall be liable to an y tenant or lessee who was displaced from the property by that action for actual and exemplary damages. Any action by a tenant or lessee pursuant to this paragraph shall be brought within three years of the withdra wal of the accommodations from rent or lease. Ho wever, nothing in this paragraph precludes a tenant from pursuing an y alternative remedy a vailable under the law.
(2)  A public entity which has acted pursuant to this section may institute a civil proceeding against any owner who has again offered accommodations for rent or lease subject to this subdi vision, for e xemplary damages for 94 — 2 — Ch. 596

displacement of tenants or lessees. Any action by a public entity pursuant to this paragraph shall be brought within three years of the withdra wal of the accommodations from rent or lease.
(3)  Any owner who offers accommodations again for rent or lease shall first offer the unit for rent or lease to the tenant or lessee displaced from that unit by the withdrawal pursuant to this chapter, if the tenant has advised the owner in writing within 30 days of the displacement of the tenant’ s desire to consider an offer to renew the tenancy and has furnished the owner with an address to which that offer is to be directed. That tenant, lessee, or former tenant or lessee may advise the o wner at an y time during the eligibility of a change of address to which an offer is to be directed.

If the owner again offers the accommodations for rent or lease pursuant to this subdivision, and the tenant or lessee has advised the owner pursuant to this subdi vision of a desire to consider an of fer to rene w the tenanc y, then the owner shall offer to reinstitute a rental agreement or lease on terms permitted by law to that displaced tenant or lessee.

This offer shall be deposited in the United States mail, by re gistered or certified mail with postage prepaid, addressed to the displaced tenant or lessee at the address furnished to the owner as provided in this subdivision, and shall describe the terms of the offer. The displaced tenant or lessee shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid. (c)  A public entity which has acted pursuant to this section, may require by statute or ordinance, or by regulation as specified in Section 7060.5, that an owner who offers accommodations again for rent or lease within a period not exceeding 10 years from the date on which the y are withdra wn, and which are subject to this subdivision, shall first offer the unit to the tenant or lessee displaced from that unit by the withdrawal, if that tenant or lessee requests the offer in writing within 30 days after the owner has notified the public entity of an intention to offer the accommodations again for residential rent or lease pursuant to a requirement adopted by the public entity under subdivision (c) of Section 7060.4. The owner of the accommodations shall be liable to any tenant or lessee who was displaced by that action for failure to comply with this paragraph, for puniti ve damages in an amount which does not exceed the contract rent for six months, and the payment of which shall not be construed to extinguish the owner’s obligation to comply with this subdivision.
(d)  If the accommodations are demolished, and ne w accommodations are constructed on the same property , and offered for rent or lease within five years of the date the accommodations were withdra wn from rent or lease, the newly constructed accommodations shall be subject to any system of controls on the price at which they would be offered on the basis of a fair and reasonable return on the ne wly constructed accommodations, notwithstanding an y e xemption from the system of controls for ne wly constructed accommodations.
94 Ch. 596 — 3 —

(e)  The amendments to this section enacted by the act adding this subdivision shall apply to all ne w tenancies created after December 31, 2002. If a new tenancy was lawfully created prior to January 1, 2003, after a lawful withdrawal of the unit under this chapter, the amendments to this section enacted by the act adding this subdi vision may not apply to ne w tenancies created after that date.

SEC. 2. Section 7060.4 of the Government Code is amended to read:
7060.4. (a)  Any public entity which, by a v alid exercise of its police power, has in effect any control or system of control on the price at which accommodations are of fered for rent or lease, may require by statute or ordinance, or by regulation as specified in Section 7060.5, that the o wner notify the entity of an intention to withdra w those accommodations from rent or lease and may require that the notice contain statements, under penalty of perjury, providing information on the number of accommodations, the address or location of those accommodations, the name or names of the tenants or lessees of the accommodations, and the rent applicable to each residential rental unit.

Information respecting the name or names of the tenants, the rent applicable to an y residential rental unit, or the total number of accommodations, is confidential information and for purposes of this chapter shall be treated as confidential information by any public entity for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of P art 4 of Di vision 3 of the Ci vil Code). A public entity shall, to the e xtent required by the preceding sentence, be considered an “agency,” as defined by subdivision (d) of Section 1798.3 of the Civil Code.
(b)  The statute, ordinance, or regulation of the public entity may require that the owner record with the county recorder a memorandum summarizing the provisions, other than the confidential provisions, of the notice in a form which shall be prescribed by the statute, ordinance, or regulation, and require a certification with that notice that actions ha ve been initiated as required by law to terminate an y existing tenancies. In that situation, the date on which the accommodations are withdrawn from rent or lease for purposes of this chapter is 120 days from the delivery in person or by first-class mail of that notice to the public entity. However, if the tenant or lessee is at least 62 years of age or disabled, and has lived in their accommodations or unit within the accommodations for at least one year prior to the date of delivery to the public entity of the notice of intent to withdraw pursuant to subdivision (a), then the date of withdra wal of the accommodations of that tenant or lessee shall be extended to one year after the date of delivery of that notice to the public entity, provided that the tenant or lessee gi ves written notice of their entitlement to an extension to the owner within 60 days of the date of delivery to the public entity of the notice of intent to withdra w. In that situation, the following provisions shall apply:
(1)  The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the public entity of the notice of intent to 94 — 4 — Ch. 596

withdraw, subject to any adjustments otherwise available under the system of control.
(2)  No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
(3)  The owner may elect to extend the tenancy on any other unit within the accommodations up to one year after date of delivery to the public entity of the notice of intent to withdraw, subject to paragraphs (1) and (2). (4)  Within 30 days of the notification by the tenant or lessee to the owner of their entitlement to an e xtension, the owner shall give written notice to the public entity of the claim that the tenant or lessee is entitled to stay in their accommodations or unit within the accommodations for one year after date of delivery to the public entity of the notice of intent to withdraw. (5)  Within 90 days of date of deli very to the public entity of the notice of intent to withdra w, the o wner shall gi ve written notice of the o wner’s election to e xtend a tenanc y under paragraph (3) and the re vised date of withdrawal to the public entity and an y tenant or lessee whose tenanc y is extended.
(6)  The date of withdra wal for the accommodations as a whole, for purposes of calculating the time periods described in Section 7060.2, shall be the latest termination date among all tenants within the accommodations, as stated in the notices required by paragraphs (4) and (5). An owner’s further voluntary extension of a tenancy beyond the date stated in the notices required by paragraphs (4) and (5) shall not extend the date of withdrawal. (c)  The statute, ordinance, or re gulation of the public entity adopted pursuant to subdivision (a) may also require the owner to notify any tenant or lessee displaced pursuant to this chapter of the following:
(1)  That the public entity has been notified pursuant to subdivision (a). (2)  That the notice to the public entity specified the name and the amount of rent paid by the tenant or lessee as an occupant of the accommodations. (3)  The amount of rent the o wner specified in the notice to the public entity.
(4)  Notice to the tenant or lessee of their rights under paragraph (3) of subdivision (b) of Section 7060.2.
(5)  Notice to the tenant or lessee of the following:
(A)  If the tenant or lessee is at least 62 years of age or disabled, and has lived in their accommodations for at least one year prior to the date of delivery to the public entity of the notice of intent to withdraw, then tenancy shall be extended to one year after date of deli very to the public entity of the notice of intent to withdra w, provided that the tenant or lessee gi ves written notice of their entitlement to the o wner within 60 days of date of delivery to the public entity of the notice of intent to withdraw. (B)  The e xtended tenanc y shall be continued on the same terms and conditions as existed on date of deli very to the public entity of the notice of intent to withdraw, subject to any adjustments otherwise available under the system of control.
(C)  No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy. 94 Ch. 596 — 5 —

(d)  The statute, ordinance, or re gulation of the public entity adopted pursuant to subdivision (a) may also require the owner to notify the public entity in writing of an intention to again offer the accommodations for rent or lease.

SEC. 3. Section 7060.7 of the Government Code is amended to read:
7060.7. It is the intent of the Le gislature in enacting this chapter to supersede any holding or portion of an y holding in Nash v . City of Santa Monica, 37 Cal.3d 97 to the extent that the holding, or portion of the holding, conflicts with this chapter, so as to permit landlords to go out of b usiness.

However, this act is not otherwise intended to do any of the following:
(a)  Interfere with local governmental authority over land use, including regulation of the conversion of existing housing to condominiums or other subdivided interests or to other nonresidential use following its withdrawal from rent or lease under this chapter.
(b)  Preempt local or municipal en vironmental or land use re gulations, procedures, or controls that go vern the demolition and rede velopment of residential property.
(c)  Override procedural protections designed to prevent abuse of the right to evict tenants.
(d)  Permit an owner to do any of the following:
(1)  Withdraw from rent or lease less than all of the accommodations, as defined by paragraph (1) or (2) of subdivision (b) of Section 7060. (2)  Decline to make a written rerental offer to any tenant or lessee who occupied a unit at the time when the owner gave the public entity notice of its intent to withdra w the accommodations, in the manner and within the timeframe specified in paragraph (3) of subdi vision (b), or in subdi vision (c), of Section 7060.2. But the requirements of this paragraph shall not apply to:
(A)  A unit that w as the principal place of residence of an y owner or owner’s family member at the time of withdrawal, provided that it continues to be that person’ s or those persons’ principal place of residence when accommodations are returned to the rental market as provided in this section. (B)  A unit that is the principal place of residence of an owner when the accommodations are returned to the rental mark et, if it is the o wners’ principal place of residence, at the time of return to the rental mark et, as provided in this section. If the owner vacates the unit within 10 years from the date of withdra wal, the owner shall, within 30 days, of fer to rerent if required under this paragraph.
(e)  Grant to an y public entity an y po wer which it does not possess independent of this chapter to control or establish a system of control on the price at which accommodations may be of fered for rent or lease, or to diminish any such power which that public entity may possess, e xcept as specifically provided in this chapter.
(f)  Alter in any way either Section 65863.7 relating to the withdrawal of accommodations which comprise a mobilehome park from rent or lease or 94 — 6 — Ch. 596

subdivision (f) of Section 798.56 of the Civil Code relating to a change of use of a mobilehome park.

O
94 Ch. 596 — 7 —

RECOGNIZING

INTERNATIONAL OVERDOSE AWARENESS DAY
August 31, 2022

WHEREAS, the City of Antioch recognizes that International Overdose Awareness Day is to to end the stigma surrounding substance use disorder (SUD) and drug-related deaths;

WHEREAS, the City of Antioch affirms and acknowledges the harm and hardship caused by drug overdose to individuals, as well as families, loved ones, and whole communities who experience drug-related deaths;

WHEREAS, the City of Antioch resolves to play its part in reducing the toll of drug overdose, which continues to claim the lives of Antioch community members every year and forever affects those who loved and cared about them; and

WHEREAS, the City of Antioch affirms that the people affected by overdose are our sons and daughters, our mothers and fathers, our brothers and sisters, our neighbors and friends deserving of our love, compassion, support and remembrance.

NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, stand with Contra Costa County MEDS Coalition, BAART and community partners in proclaiming August 31st, 2022, as “International Overdose Awareness Day” throughout the City of Antioch.

JULY 26, 2022

__________________________________________
LAMAR A. THORPE, Mayor
1 07-26-22
#2

BOARDS / COMMISSION / COMMITTEE

VACANCY ANNOUNCEMENTS
Your interest and desire to serve our community is appreciated.

The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards and committees. Any interested resident is encouraged to apply for the vacancy listed below. To be considered for these volunteer positions, a completed application must be received in the Office of the City Clerk by 5:00 p.m., on July 29, 2022. Applications are available at https://www.antiochca.gov/#. ➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ CONTRA COSTA COUNTY MOSQUITO & VECTOR CONTROL

BOARD OF TRUSTEES
➢ BOARD OF ADMINISTRATIVE APPEALS
#3

SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
(EXTENDED Deadline date: 07/29/2022)
Four (4) Committee Members, full-term vacancies, expiring March 2026 ▪ A Sales T ax Citizens’ Oversight Committee has been established following the voters passing Ballot Measure C – Transaction and Use (Sales) T ax. This passed at the November 5, 2013 Consolidated Election. At the November 6, 2018 Consolidated Election, the voters passed Ballot Measure W – Transaction and Use (Sales) T ax.
▪ Each year, an independent auditor shall complete a public audit report of the revenue raised and its expenditure. The Sales T axCitizens’ Oversight Committee shall review the expenditures and report publicly how the funds are being used to address the City Council’s stated priorities of maintaining Antioch’s fiscal stability, police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality/safety; repairing streets; cleaning up parks/illegal dumping; restoring youth afterschool/summer programs; and other essential services. The Committee’s review shall be completed in conjunction with the City’s budget process. The Committee’s report on its review, whether oral or written, shall be considered by the City Council at a public meeting before April 1 of each year. Any written report shall be a matter of public record.
▪ The Committee shall meet at least twice a year. The meetings will be public. ▪ The Sales T ax Citizens’ Oversight Committee consists of seven members who are Antioch residents. At least one member of the Committee shall have a financial, accounting or auditing background. The Committee will be nominated by the Mayor and approved by the City Council. ▪ Members of the Sales T ax Citizens’ Oversight Committee will be required to file an annual "Statement of Economic Interest".

CONTRA COSTA MOSQUITO & VECTOR CONTROL

BOARD OF TRUSTEES
(EXTENDED Deadline date: 07/29/2022)
One (1) Antioch Citizen Representative Vacancy
▪ The Antioch City Council is seeking candidates for its representative to the Contra Costa Mosquito & Vector Control Board of Trustees.
▪ The Board of Trustees are officials appointed by their respective City Councils to govern the Mosquito and Vector Control District knowledgeably and effectively. They serve for a term of two to four years and are highly dedicated to this community service.
▪ Must be an Antioch resident and at least the voting age of 18 with an interest in any of the foIIowing areas: public health, public policy, wetlands, farming, community education, finance, personnel or land development, and a resident of the city which is in the District (California Health & Safety Code, Section 2242) ▪ The regular business meetings are held on the second Monday night of every other month. All meetings are currently conducted via Zoom in accordance with Government Code section 54935E.
▪ Additional information regarding the responsibilities and duties are available online at www.ContraCostaMosquito.com

BOARD OF ADMINISTRATIVE APPEALS
(EXTENDED Deadline date: 07/29/2022)
One (1) Alternate Member, 2-year term vacancy
▪ Board of Administrative Appeals consists of five members and one alternate to be appointed by the Mayor and confirmed by a majority of the Council. The alternate member shall serve a term of two years.
▪ Must be a resident of the City of Antioch.
▪ The Board hears appeals regarding administrative decisions by any official of the City dealing with Municipal Code interpretations.
▪ Three of the members shall have experience in the building construction trades and/or training in the California Code of Regulations.
▪ Meetings are held the first Thursday of every month at 3:00 p.m. in the City Council Chambers; or on other dates as needed.
▪ Commissioners are required to submit a FPPC Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter no later than April 1st. ▪ Newly appointed Commissioners are also required to complete the AB 1234 Ethics training within 1- year of their appointment. All Commissioners must then take the AB 1234 Ethics training every two years thereafter. The Ethics training is available online.

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS SUCCESSOR AGENCY/HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

ANTIOCH PUBLIC FINANCING AUTHORITY

Special/Regular Meeting May 24, 2022
5:00 P.M. Council Chambers

4:30 P.M. - CLOSED SESSION

1. 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 Public Works Association, and Antioch Police Sworn Management Association.

5:00 P.M. SPECIAL MEETING/STUDY SESSION

Councilmember Wilson called the meeting to order at 5:09 P.M., and City Clerk Householder called the roll.

Present: Council/Agency/Authority Members District 1 Torres-Walker, District 3 Ogorchock and District 4 Wilson

Absent: Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe (Mayor Thorpe arrived during the presentation for Agenda Item SM-1)

PLEDGE OF ALLEGIANCE

Councilmember Wilson led the Pledge of Allegiance.

SM-1. PRESENTATION OF THE DRAFT 5 -YEAR CAPITAL IMPROVEMENT PROGRAM 2022-2027 (P.W. 150-22)

Project Manager Buenting presented the staff report dated May 24, 2022, recommending the City Council review and provide feedback to staff regarding the draft 5-Year Capital Improvement Program (CIP) 2022-2027.

In response to Mayor Thorpe, Project Manager Buenting stated a presentation of the City’s roadway rehabilitation program would be coming to Council, in the future.

Director of Public Works/City Engineer Samuelson reviewed the Jacobson and Marchetti Park playground replacement and park upgrades.

Councilmember Ogorchock requested additional components be added to the parks for children with all types of disabilities.

Leslie May suggested soccer field s be included in the park upgrades. She asked for an explanation of park renderings.

A
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Director of Public Works/City Engineer Samuelson explained the tiered park system and park renderings.

Mayor Thorpe stated he supported the playground replacement and park upgrades, as currently designed.

Project Manager Buenting gave an overview of the new CIP projects and those in progress.

Mayor Thorpe requested staff come back to Council with additional options for funding the “L” Street improvement project.

Councilmember Wilson thanked Project Manage r Buenting for the presentation. She reported there were state and federal funding opportunities related to the ground water sustainability plan and storm water program.

Following discussion Council directed staff to bring back the following items for co nsideration during the budget process : Project 7941 - Street Light Improvements, Project 7976 - Facility Maintenance and Repairs , and Project 7989 – Integration and Upgrade of Access Control, Surveillance, Monitoring, and Fire Alarm.

SM-2. FISCAL YEAR 2021-23 MID-YEAR BUDGET REVIEW

Finance Director Merchant presented the staff report dated May 24, 2022, recommending the City Council provide input and direction on the draft mid -year budget options and adjustments to the Fiscal Year 2021-23 budget.

In response to Council, Youth Services Network Manager Johnson explained the theory behind the positions requested for the Public Safety & Community Resources Department. She commented grant writing was included in the line-item budget and future expansi on of the department included a grant manager/officer position.

Councilmember Ogorchock suggested utilizing one-time revenues for Street Light Improvements. She expressed concern regarding the depletion of the reserves and stabilization fund. She requested Council reconsider funding the Homekey program. She spoke in support of funding some of the positions outside of the Public Safety & Community Resources Department because a location for the department had not been approved and the need for the positions had not been discussed. She requested staff provide her with the date Council approved the location for the Public Safety and Community Resources Department.

Mayor Thorpe responded when Council allocated funds to determine what improvements needed to be made to the Community Resource Center, it was an indication the majority of Council had chosen th at location for the new department. He suggested changing the Administrative Assistant II (City Manager/City Council) position, to a Special Projects Assistant.

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Following discussion, Council consensus provided the following direction to staff:

➢ Administrative Assistant II (City Manager/City Council) – direction to come back with a modified position
➢ Public Safety and Community Resource Department – Administrative Assistant III – direction to include the position in the budget
➢ Public Safety and Community Resource Department – Public Safety Manager - direction to include the position in the budget
➢ Public Safety and Community Resource Department – Community Engagement/Public Safety Coordinator - direction to include the position in the budget ➢ Public Safety and Community Resource Department - Four ( 4) Community Resource Specialist - direction to include these positions in the budget ➢ Public Safety and Community Resource Department – Administrative Support Division - direction to include this item in the budget
➢ Public Safety and Community Resource De partment – Violence Intervention and Prevention Division - direction to include this item in the budget ➢ Public Safety and Community Resource Department - Housing & Homelessness Division - direction to include this item in the budget
➢ Public Safety and Community Resource Department - Community Engagement Division - direction to include this item in the budget
➢ One Time Revenue Spending – direction to bring this item back in the future ➢ Roofing and Siding Repairs at Nick Rodriguez Community Center and Water Park facilities – direction to bring this item back with ARPA funding

Mayor Thorpe explained that the remaining positions not supported at this time would be brought back in the future for funding consideration.

Finance Director Merchant stated she would come back to Council in June with the budget amendments. She noted Staffing, One Time Revenue and American Rescue Plan ( ARPA) funding considerations would be coming back later along with funding for the street lighting if not allocated through ARPA or One Time Revenues.

PUBLIC COMMENT - None

ADJOURNMENT

Mayor Thorpe adjourned the Study Session at 6:54 P.M.

7:00 P.M. REGULAR MEETING

Mayor Thorpe called the meeting to order at 7:0 0 P.M. and led a moment of silence in memory of the Uvalde, Texas victims.

PLEDGE OF ALLEGIANCE

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Mayor Thorpe led the Pledge of Allegiance.

City Clerk Householder called the roll.

Present: Council/Agency/Authority Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson and Mayor Thorpe

Absent: Mayor Pro Tem (District 2) Barbanica

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LABOR NEGOTIATORS, no reportable action.

1. PROCLAMATION

In Honor of State Farm’s 100th Anniversary, June 7, 2022

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously approved the proclamation.

Richard Pagano accepted the In Honor of State Farm’s 100 th Anniversary proclamation and thanked the City Council for the recognition.

2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Director of Parks and Recreation Helfenberger announced the following civic and community events.

➢ Delta Veteran’s Group Memorial Day Commemoration - Oak View Memorial Park: May 30, 2022
➢ Sesquicentennial Swim & Play Day - Antioch Water Park: June 4, 2022 ➢ Sesquicentennial Outdoor Movie Nights - Antioch Water Park Hill: June 16, 23, & 30 , 2022

Councilmember Torres-Walker announced the following civic and community events.

➢ Meet and Greet with Interim Chief Ford: June 5, 2022
➢ Wear Orange Week: June 3 – 5, 2022
➢ Candlelight Vigil: June 5, 2022

3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

City Clerk Householder announced the following Board and Commission openings.

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➢ Sales Tax Citizens’ Oversight Committee
➢ Contra Costa Mosquito & Vector Control Board of Trustees ➢ Board of Administrative Appeals

For more information and to apply, visit: www.bit.ly/ApplyAntioch or the City’s homepage.

PUBLIC COMMENTS

Erin Green , representing El Campanil Theatre , announced the ir following summer event schedule:

➢ Individuo: A Lobby Series Concert: July 1, 2022
➢ Mike Amaral’s California Beach Boys Experience: July 2, 2022 ➢ Kalimba – The Spirit of Earth, Wind and Fire: July 3, 2022

Ms. Green also noted t he El Campanil Theatre Academy provided skilled based classes and camps for youth in the performing arts.

Lucas Stuart-Chilcote thanked Mayor Thorpe for hosting the State of the City. H e encouraged everyone to participate in the P rimary Election, and announced ballot drop off boxes were available at City Hall and the Antioch Community Center. He reported that at home COVID tests were available at COVID.gov.

Andrew Becker announced Here Today Home Tomorrow was hosting a Community T ownhall on June 4, 2022, at the Antioch library. He reported they had difficulty scheduling a second meeting at the Antioch Community Center and requested the recreation department assist them with their efforts to use the space.

Ralph Hernandez, Antioch resident, endorsed Mary Knox for District Attorney.

Leslie May encouraged voters to refrain from voting based on the ethnicity of candidates.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Torres-Walker reported on her attendance at the Public Safety and Community Resource Department Committee and the C ommunity Violence Solution Ad Hoc Committee meetings.

Councilmember Ogorchock announced Antioch High School Principal Louie Rocha was retiring and she requested a resolution be prepared for him for the next City Council meeting.

Councilmember Wilson reported on her attendance at the Public Safety and Community Resource Department Committee meeting and noted Tri Delta Transit would be meeting on June

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25, 2022. She announced her graduation from the Water Education for Latino Leaders (WELL) fellowship program and thanked everyone who supported her in this effort.

MAYOR’S COMMENTS

Mayor Thorpe announced T ri Delta would be meeting May 25, 2022 . He reported on his attendance at CCTA, Highway 4 Bypass and Public Safety Partnership meetings. He announced he was invited by Guilford College to speak on racial reconciliation and economic equity on June 8, 2022. He apologized to City Clerk Householder for actions taken against her by members of the community and stated he believed she did an outstanding job as City Clerk.

4. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency

A. APPROVAL OF COUNCIL MEETING MINUTES FOR APRIL 12, 2022

B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR APRIL 19, 2022

C. APPROVAL OF COUNCIL MEETING MINUTES FOR APRIL 26, 2022

D. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 10, 2022

E. APPROVAL OF COUNCIL WARRANTS

F. ORDINANCE NO. 2212-C-S SECOND READING: ORDINANCE CREATING THE ANTIOCH POLICE OVERSIGHT COMMISSION (Introduced on 05/10/2022)

G. ORDINANCE NO. 2213-C-S SECOND READING - ADOPTION OF AN ORDINANCE ESTABLISHING A MILITARY USE EQUIPMENT POLICY (#706) PURSUANT TO ASSEMBLY BILL 481 (Introduced on 05/10/2022)

H. ORDINANCE NO. 2214-C-S SECOND READING - PROPOSED ORDINANCE AMENDMENT O F SECTION 4 -5.411.1(C) OF THE ANTIOCH MUNICIPAL CODE

AUTHORIZING ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE TO PRIVATELY OWNED ROADS WITHIN THE LAUREL RANCH SUBDIVISION (P.W. 698)

I. RESOLUTION NO. 2022/85 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2022-23 FISCAL YEAR

J. RESOLUTION NO. 2022/86 AB 361: RESOLUTION MAKING FINDINGS NECESSARY

TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR THE CITY

COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES

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K. RESOLUTION NO. 2022 /87 APPROVAL TO RECEIVE FUNDING THROUGH THE

CALIFORNIA NATURAL RESOURCE AGENCY (CNRA) FOR THE NICK RODRIGUEZ COMMUNITY CENTER REHABILITATION PROJECT IN THE AMOUNT OF $2,200,000

L. RESOLUTION NO. 2022/8 8 ANNUAL WATER TREATMENT CHEMICALS

PURCHASE

M. RESOLUTION NO. 2022/8 9 ACCEPTANCE OF GRANT DEED AND ASSIGNMENTS

OF EASEMENTS FROM CONTRA COSTA COUNTY FLOOD CONTROL AND WATER

CONVERSATION DISTRICT IN CONNECTION WITH THE WEST ANTIOCH CREEK CHANNEL IMPROVEMENTS PROJECT (P.W. 201-6)

N. RESOLUTION NO. 2022/ 90 APPROVING THE CLASS SPECIFICATION UPDATES FOR THE OPERATING ENGINEERS LOCAL UNION NO. 3 REPRESENTATIONAL

UNIT I BARGAINING UNIT

O. RESOLUTION NO. 2022/91 APPROVING AMENDMENT NO. 6 TO THE CONSULTING

SERVICES AGREEMENT BETWEEN THE CITY OF ANTIOCH AND VOLER

STRATEGIC ADVISORS AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT

P. RESOLUTION NO. 2022/ 92 APPROVAL OF PURCHASE OF ELEVEN (11) POLICE

VEHICLES UTILIZING THE SOURCEWELL COOPERATIVE PURCHASING CONTRACT NO. 091521-NAF WITH NATIONAL AUTO FLEET GROUP

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council approved the Council Consent Calendar. The motion carried the following vote:

Ayes: Ogorchock, Wilson, Thorpe Noes: Torres-Walker Absent: Barbanica

Item F – On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker the City Council approved item F. The motion carried the following vote:

Ayes: Torres-Walker, Wilson and Thorpe Noes: Ogorchock Absent: Barbanica

PUBLIC HEARING

5. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 2207 -C-S (RELATING TO

THE SALE, POSSESSION, OR PROVISION OF SPECIFIED PRODUCTS BY

TOBACCO RETAILERS OR BUSINESSES) BY PROVIDING A GRACE PERIOD PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NO. 2207-C-S

City Attorney Sm ith presented the staff report dated May 24, 2022, recommending the City Council introduce, waive the first reading, and read by title only, the proposed ordinance

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amending Ordinance No. 2207 -C-S by providing a grace period prior to the effective date of amending Ordinance No. 2207-C-S.

Mayor Thorpe opened the public hearing.

Norma Hernandez, Antioch resident, thanked Council for considering the ordinance amendment and spoke in support of providing a grace period until December 1, 2022. She suggested the item be reagendized after the election if it was voted down. She also felt price increases were harmful to businesses and customers and should be reconsidered.

Blythe Young, Community Advocacy Director for the American Heart Association, urged Council to support their original decision and change the timeline for the grace period to 90-days or less.

She urged Council to maintain local control and not bring the ordinance back for reconsideration.

Satnam Sanghera explained that he purchased his business shortly before the ordinance went into effect and there had been serious economic implications. He urged the City to approve a grace period and let the voters decide in December, if a ban was appropriate.

Ralph Hernandez, Antioch resident, thanked the City Council and staff for bringing this item back for consideration and spoke in support of extending the grace period to December 1, 2022.

Brenda Barros, Antioch resident, stated this ordinance had been detrimental to small business and spoke in support of extending a grace period to December 1, 2022.

Charlie Carasi spoke in opposition of extending a grace period.

Mayor Thorpe closed the public hearing.

Mayor Thorpe stated he still supported the ordinance; however, he was sympathetic to store owners who were unfairly burdened because the ban did not allow them time to sell their products.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council introduced, waive d the first reading, and read by title only, the proposed ordinance amending Ordinance No. 2207 -C-S by providing a grace period prior to the effective date of amending Ordinance No. 2207-C-S. The motion carried the following vote:

Ayes: Torres-Walker, Ogorchock, Wilson Noes: Thorpe Absent: Barbanica

6. INTRODUCTION OF ORDINANCE FORMING THE PUBLIC SAFETY AND

COMMUNITY RESOURCES DEPARTMENT

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City Attorney Smith presented the staff report dated May 24, 2022, recommending the City Council introduce, waive the first reading, and read by title only an ordinance forming the Public Safety and Community Resources Department.

Mayor Thorpe opened the public hearing.

Councilmember Torres -Walker thanked staff and everyone who participated in the Ad Hoc Committee meetings. She noted the organization of City resources was a proactive approach and in response to residents needing easily accessible and a dedicated Public Safety and Community Resources Department. She noted the Antioch Police Department would be a key partner and noted this would be an opportunity for the City to prevent violence in the community.

Mayor Thorpe closed the public hearing.

On motion by Councilmember Torres -Walker, seconded by Councilmember Wilson the City Council introduced, waived the first reading, and read by title only an ordinance forming the Public Safety and Community Resources Department. The motion carried the following vote:

Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock Absent: Barbanica

Mayor Thorpe thanked Councilmember s Torres-Walker and Wilson for bringing this item forward.

7. PROPOSED ORGANICS COLLECTION RATES FOR COLLECTION SERVICES WITH REPUBLIC SERVICES AS REQUIRED BY SENATE BILL (SB) 1383

Environmental Resource Coordinator Haas-Wajdowicz presented the staff report dated May 24, 2022, recommending the City Council: 1) Approve one of the following rate structures to provide the organics collection programs mandated by SB 1383, and 2) Adopt the resolution authorizing the City Manager to enter into an agreement with Republic Services for the collection of organics material in accordance with Senate Bill (SB) 1383:

Program Options
Residential
% increase
Commercial
% increase

1. Antioch proposed bi-weekly compost - basic conversion of existing green waste carts to Organics and diversion to a composting facility. Commercial program to continue with current implementation and service. 9.8 12.6

2. Antioch proposed Residential weekly compost,
Commercial same as above. 19.2 12.6

3. Antioch Proposed Residential weekly compost and
SB1383 assistance for all customers. 20.1 13.9

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4. Contract extension to 2028 with weekly Residential
compost collection and SB1383 assistance (*Includes a 10% franchise fee for Residential and 12% for Commercial). 15.2* 7.7*

Mayor Thorpe opened the public hearing.

Susan Hurl, Republic Services, introduced Tony Mancini, Colin Wallace, and thanked Environmental Resource Coordinator Haas -Wajdowicz and Interim City Manager Johnson for their participation in the discussions. She reiterated that Project Manager Buenting 1383 was a state mandate, and she reviewed their proposal.

Lucas Stuart- Chilcote, Antioch resident, stated that he supported the collection of organics; and option #3 modified. He suggested modifying the recycling and yard waste programs as well as adding an additional receptacle d edicated to organics. He also suggested an educational component for recycling of products with California Redemption Value.

Brenda Barro s, Antioch resident, opposed rate increases and requested financial data on Republic Services. She expressed concern for the quality of waste management services.

Mayor Thorpe voiced his support for option 4, splitting the residential percentage increase over a two-year period.

A motion made by Councilmember Ogorchock to approve the option 3 rate structure died for the lack of a second.

Environmental Resource Coordinator Haas-Wajdowicz explained the options before Council this evening.

On motion by Mayor Thorpe, seconded by Councilmember Ogorchock the City Council approved option #4 Contract extension to 2028 with weekly Residential compost collection and SB1383 assistance (*Includes a 10% franchise fee for Residential and 12% for Commercial). with the residential % increase of 15.2* over a two-year period (7.6% per year) and the commercial % increase of 7.7* over a one-year period. The motion carried the following vote:

Ayes: Torres-Walker, Ogorchock, Thorpe Noes: Wilson Absent: Barbanica

RESOLUTION NO. 2022/93

On motion by Mayor Thorpe, seconded by Councilmember Ogorchock the City Council adopted the resolution authorizing the City Manager to enter into an agreement with Republic Services for the collection of organics material in accordance with Senate Bill (SB ) 1383. The motion carried the following vote:

Ayes: Torres-Walker, Ogorchock, Thorpe Noes: Wilson Absent: Barbanica

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8. PROPOSED UPDATES TO THE MASTER FEE SCHEDULE EFFECTIVE JULY 1, 2022

Finance Director Merchant presented the staff report date d May 24, 2022, recommending the City Council adopt a resolution updating and approving the Master Fee Schedule effective July 1, 2022.

Mayor Thorpe opened the public hearing.

Brenda Barros, Antioch resident, stated that due to the state of the economy she did not support the fee increases in the Master Fee Schedule.

Mayor Thorpe closed the public hearing.

Councilmember Ogorchock stated she did not support the proposed fee increases for sidewalk repair inspection and vessel de-watering (pumping). She also did not the support bounce house permit, park picnic area reservation and field drag fees.

Mayor Thorpe stated he shared Councilmember Ogorchock’s concerns related to the increase in fees for recreational items. In addition, he stated he did not support the proposed use fee for Waldie Plaza.

Director of Parks and Recreation Helfenberger explained bounce house and park reservation fees were proposed to reduce the city’s liability and provide a measure of control.

A motion was made by Councilmember Ogorchock to adopt the resolution updating and approving the Master Fee Schedule effective July 1, 2022, with the following changes:

➢ Sidewalk Repair Inspection reduced to $350.00
➢ Vessel De-watering (pumping) reduced to $75.00/hour
➢ Eliminate Bounce House/Air Jumper Permit Fee, Neighborhood Park Picnic Area Fee per table, Picnic Cancellation Fee and Field Drag Fee

The motion died for the lack of a second.

A second motion was made by Councilmember Ogorchock to eliminate the following items from the Master Fee Schedule: Bounce House/Air Jumper Permit Fee , Neighborhood Park Picnic Area Fee per table, Picnic Cancellation Fee and Field Drag Fee.

The motion died for the lack of a second.

A motion was made by Councilmember Torres-Walker, seconded by Mayor Thorpe to postpone this item.

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In response to Finance Director Merchant, Mayor Thorpe stated if this item were not brought back by July 1, 2022, all existing fees would remain unchanged.

Councilmember Torres-Walker stated she did not support any rate increases given what was occurring in the community and she wanted staff to provide a fiscal analysis of the proposed rate increases.

City Attorney Smith stated if Council was not prepared to take action at this meeting, they could continue the item and it would fall under previous n oticing. He commented when the item returned at the next meeting, staff would provide clarification on whether Council was required to adopt the Master Fee Schedule annually.

Mayor Thorpe clarified the motion was to postpone and if approved, it would not be coming back at the next Council meeting.

Finance Director Merchant stated staff would evaluate whether any fees were mandated pass - through fees and whether annual adoption of the Master Fee Schedule was required.

A vote taken on the previous motion to postpone the item failed by the following vote:

Ayes: Torres-Walker, Thorpe Noes: Ogorchock, Wilson Absent: Barbanica

COUNCIL REGULAR AGENDA

9. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR DELTA FAMILY PHARMS, INC.

Outside Legal Counsel Ziegler presented the staff report dated May 24, 2022, recommending the City Council adopt a resolution approving the operating agreement for Delta Family Pharms, Inc.

Ralph Hernandez , Antioch resident, commented that the possession, use or distribution of cannabis was a prohibited under federal law and the City should not be involved in partnerships that were against the law. He opposed the Operating Agreements before Council this evening.

Andrew Becker discussed the negative impacts of federal cannabis laws on minority communities. He encouraged Council to focus on program opportunities coming from cannabis businesses.

Councilmember Ogorchock stated she was pleased the East County Family Justice Center was the Social Equity recipient. She noted she supported the Bedford Center being considered as a Social Equity partner and requested a list of non-profits that could be considered.

RESOLUTION NO. 2022/94

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On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution approving the operating agreement for Delta Family Pharms, Inc.

10. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR DELTA LABS, INC.

Outside Legal Counsel Ziegler presented the staff report dated May 24, 2022, recommending the City Council adopt a resolution approving the operating agreement for Delta Labs, Inc.

Ralph Hernandez, Antioch resident, stated he had personally seen negative effects of cannabis use and urged Council to not approve the Operating Agreement.

Brenda Barros, Antioch resident, stated she believed the Operating Agreements should benefit all Antioch residents.

Andrew Becker reported cannabis has been legalized across the United States and was a regulated business. He encouraged people to speak to data.

Mayor Thorpe explained the city’s policy as it related to Operating Agreements and Social Equity Programs. He noted the equity component came out of the need for recognizing populations that were incarcerated because of cannabis.

Councilmember Torres-Walker suggested the City agendize a presentation on the Social Equity Programs funded through cannabis businesses. She explained that many of those who voted to legalize cannabis for recreational purposes knew it was to correct harm caused by the War on Drugs.

Councilmember Wilson reported the Cannabis Standing Committee had been deliberate in the selection of non-profits for Social Equity programs.

RESOLUTION NO. 2022/95

On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker the City Council members present unanimously adopted a resolution approving the operating agreement for Delta Labs, Inc.

11. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR

KWMA COLLECTIVE, LLC

Outside Legal Counsel Ziegler presented the staff report dated May 24, 2022, recommending the City Council adopt a resolution approving the Operating Agreement for KWMA Collective, LLC.

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Youth Services Network Manager Johnson introduced Shannon Staryzk representing Family Justice Center, who gave an overview of the Generations Connect Program.

Ralph Hernandez, Antioch resident, stated he was pleased to see a social equity program that addressed the negative effects of cannabis use. He noted he believed these businesses were offering money in exchange for approving their projects.

Lucas St uart-Chilcote commended the F amily Justice Center for doing excellent work in the community.

Lacey Brown discussed the War of Drugs disproportionally affecting people of color. She voiced her support for decriminalizing drug s and reported she had personally helped people with addiction, with the use of cannabis.

Andrew Becker thanked C ouncilmember Torres -Walker for her comments. He spoke to misunderstandings around cannabis use. He spoke in support of Council agendizing a presentation regarding the city’s Social Equity Programs.

RESOLUTION NO. 2022/96

On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker the City Council members present unanimously adopted a resolution approving the Operating Agreement for KWMA Collective, LLC.

12. REQUEST BY CONTRA COSTA FARMS FOR AUTHORIZATION TO CONDUCT A

TEMPORARY CANNABIS EVENT WITHIN THE CITY OF ANTIOCH

Outside Legal Counsel Ziegler presented the staff report dated May 24, 2022, recommending the City Council adopt the resolution authorizing Contra Costa Farms to conduct a temporary cannabis event within the City consistent with State law and the City’s municipal code.

Ralph Hernandez, speaking on behalf of Norma Hernandez, questioned if a nearby school would be opened during this event, if parking would impact the neighborhood and if there would be a need for city services. She expressed concern that people using cannabis would be leaving the event. She felt the event would be for the profit of the businesses at the community’s expense.

Ralph Hernandez, Antioch resident, speaking on behalf of himself, stated that cannabis was an illegal drug that was illegal to sell on government property. He noted the City did not need the liability for this event and he urged Council to protect the City.

Brenda Barros, Antioch resident, expressed concern regarding statements made on behalf of people of color. She noted there were people in the community that wanted to use cannabis without any legal repercussions.

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Andrew Becker reported the fairgrounds hosted other events in which alcohol was sold. He encouraged Council to prioritize security and supported the event.

Outside Legal Counsel Ziegler clarified state law specifically mention ed fairgrounds site s as permissible for a temporary cannabis event.

Councilmember Ogorchock requested the staff report be corrected to state the City Council approved Ordinance No. 2204 -C-S by a 3/2 vote with Councilmembers Ogorchock and Barbanica voting against.

City Attorney Smith explained COCO Farms applied to the Department of Cannabis Control who contacted the City for their Operating Agreement. He noted the City had the ability to address security and traffic control plans through their ordinance. In response to Councilmember Ogorchock, he stated he would make sure the staff report was corrected.

A motion was made by Councilmember Wilson, seconded by Councilmember Torres-Walker to adopt the resolution authorizing Contra Costa Farms to conduct a temporary cannabis event within the City consistent with State law and the City’s municipal code. The motion failed by the following vote:

Ayes: Torres-Walker, Wilson Noes: Ogorchock Abstain: Thorpe Absent: Barbanica

13. RESOLUTION TO APPROVE THE FIRST AMENDED AND RESTATED OPERATING

AGREEMENT FOR BAKERY ANTIOCH I, LLC TO REFLECT CHANGE IN

OWNERSHIP FROM COOKIES TO RED WORKSHOP

Outside Legal Counsel Ziegler presented the staff report dated May 24, 2022, recommending the City Council adopt the resolution to approve the First Amended and Restated Operating Agreement for Bakery Antioch I, LLC to reflect the change in ownership from Cookies to Red Workshop.

RESOLUTION NO. 2022/97

On motion by Councilmember Wilson , seco nded by Councilmember Torres -Walker the City Council adopted the resolution to approve the First Amended and Restated Operating Agreement for Bakery Antioch I, LLC to reflect the change in ownership from Cookies to Red Workshop. The motion carried the following vote:

Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock Absent: Barbanica

PUBLIC COMMENT

Lucas Stuart-Chilcote requested staff clarify how the rate increases for collection services would be applied.

ANTIOCH CITY COUNCIL

SUCCESSOR AGENCY/HOUSING SUCCESSOR

ANTIOCH PUBLIC FINANCING AUTHORITY
Special/Regular Meeting
May 24, 2022 Page 16 of 16

Lacey Brown requested the City Council become involved in advocating for the removal of Officer Linderman from the Community Engagement Team. She suggested he be reassigned to another division within the Antioch Police Department.

Andrew Becker thanked Council for addressing housing opportunities for the unhoused. He discussed the results of the most recent Point-in-Time report. He announced the Housing Element Draft Report was released and he felt the community was not given sufficient time to review the draft and form a response.

STAFF COMMUNICATIONS - None

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Wilson requested update s on the S ee Click Fix program and water be agendized.

Councilmember Ogorchock reminded staff that she had requested a presentation on the Habitat Conservation Plan and solar items. She requested Council create a priority list of non -profits eligible for Social Equity Programs . She commented that Council had not discussed the July holiday break.

Councilmember Torres-Walker thanked staff and community who participated in the meeting.

She requested staff agendize a discussion on a rental inspection ordinance or program. She discussed the importance of the Housing Element and announced responses were due by June 14, 2022. She encouraged everyone to be involved in the General Plan Update process and be informed.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adjourned the meeting at 10:33 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

Special/Regular Meeting June 14, 2022
5:30 P.M. Council Chambers

4:30 P.M. - CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Monika Helgemo v. City of Antioch Contra Costa County Superior Court Case No. C20-00767.

2. 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 Public Works Association and Antioch Police Sworn Management Association.

3. CONFERENCE WITH REAL PROPERTY NEGOTIAT IONS – pursuant to California Government Code section 54956.8; Property: 4.79 -acre property on Delta Fair Blvd., Antioch, CA (APN 074-080034-7); Agency Negotiation: Cornelius Johnson, In terim City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Christy Saxton, Interim Director, Health, Housing and Homeless Services, Contra Costa County; Under Negotiation: Price and Terms of Payment.

4. PUBLIC EMPLOYEE PERFORMANCE EV ALUATION: INTERIM CITY MANAGER.

This closed session is authorized pursuant to Government Code section 54957.

ADJOURN TO CLOSED SESSION

Mayor Pro Tem Barbanica adjourned to Closed Session.

5:30 P.M. SPECIAL MEETING/STUDY SESSION

Mayor Thorpe called the meeting to order at 5:41 P.M., and City Clerk Householder called the roll.

Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe (Mayor Thorpe attended via Zoom)

PLEDGE OF ALLEGIANCE

Mayor Thorpe led the Pledge of Allegiance.

SM-1. CITY OF ANTIOCH 6TH CYCLE HOUSING ELEMENT UPDATE B
07-26-22

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 2 of 11

City Clerk Householder and a Spanish speaking interpreter announced translations services were available in-person and on Zoom.

Director of Community Development Ebbs introduced Planning Manager Hersch who presented the staff reports dated June 14, 2022, recommending the City Council: 1) Provide feedback on the draft Housing Element and 2) Motion to approve and submit the draft Housing Element to the California Department of Housing and Community Development (HCD) for review.

Curtis Banks and Alexia Rothberg, Urban Planning Partners, gave a PowerPoint presentation of the 6th Cycle Housing Element 2023-2031 Update.

PUBLIC COMMENT

Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to two-minutes.

Judith Ortiz, Monument Impact, spoke in support of a housing ordinance that addressed displacement and tenant protections.

Jesus Frust o, Ruth Salas , Heglo Marena, Antioch resident representing ACCE, Elia Perez, Antioch resident representing ACCE, Yadira Santillan, Antioch resident representing ACCE, Victoria Munoz, Antioch resident representing ACCE, Silvia Angeles, Antioch resident representing ECRG, provided public comment in Spanish. Council was provided earphones that simultaneously translate their comments to English.

Tony Bravo, Monument Impact, Marissa Henriquez, Antioch resident representing ACCE , Denese Dillihant, Antioch resident, Archie Brumfield, Antioch resident representing ACCE, Francisco Torres, ACCE, Myriam Saenz, Antioch resident representing ECR G, Treveyon Carlson, Antioch resident representing ACE, Christine Clark, Antioch resident representing ECRG, Kamilah Nelson Miller, Antioch resident representing ACCE, Andrea Martinez, Eduardo Torres, representing Tenants Together, Frank Sterling, Debora h Polk, Antioch resident representing ECRG and Jackie Lowery, Antioch resident, representing ACCE, spoke in support of Antioch passing tenant protections such as rent control, just cause and anti -harassment policies. Several speakers requested these policies be included in the draft Housing Element.

Crystal Henderson representing tenants of Delta Pine Apartments expressed concern for their large rent increases and substandard living conditions.

Daniel Duncan, tenant of Delta Pines Apartments, expressed c oncern for the lack of parental supervision and substandard living conditions.

Mayor Thorpe reminded the public that this item was related to the Housing Element Update.

Kimberly Carlson, Antioch resident representing ACE, advocated for the tenants of the Delta Pine Apartments, and encouraged Council to pass rent control ordinance s. She expressed

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 3 of 11

concern regarding the substandard living conditions and invited Mayor Thorpe to tour the apartments.

Erica McBroom, Antioch resident representing ECRG, spoke in support of adding tenant protections such as rent control, just cause, anti-harassment and pathways to home ownership policies to the Housing Element.

Cecilia Perez, representing First 5 Contra Costa and ECRG, announced that they along with fifteen other organizations had submitted a letter urging Council to include tenant protections in the Housing Element.

Teresa Lua , Antioch resident, provided public comment in Spanish that w as translated into English discussing her rent increase and requesting the City Council intervene.

Rice, Antioch resident, discussed her struggles with homelessness and spoke in support of rent control.

Andrew Becker, Here Today Home Tomorrow, expressed concern that speaker times were reduced to two-minutes this evening. He encouraged Council to contact him with regards to his thoughts on the Housing Element. He spoke in support of tenant protections, inclusionary zoning and in lieu fees.

Tachina Garrett, Antioch resident representing ACCE, stated she was a tenant of Delta Pines Apartments and discussed the substandard living conditions.

Della Currie representing ACCE, requested the City Council assist them with their increased rents.

Lisa Sanders representing ACCE, reviewed their concerns with the Delta Pines Apartments and encouraged Council to pass rent control, just cause eviction and anti-harassment policies.

Trent Sanson, representing DeNova Homes, Inc. and Yellow Roof Foundation, stated he represented property owners who requested Council add 17-acres of undeveloped land off Viera Avenue and a 6-acre parcel off Slatten Ranch Road, to the housing opportunity sites list.

Mayor Thorpe declared a recess at 7:01 P.M. The meeting reconvened at 7:08 P.M. with all Councilmembers present. He announced Council would continue with the Special meeting t o hear the remaining public comments.

Ali Uscilka , representing Healthy and Active Before 5 and Brend on O’Laskey representing ECRG, spoke in support of local protections for renters such as rent control, just cause for evictions and anti -harassment policies. Additionally, they supported inclusionary zoning and Tenant Opportunity Purchase Act (TOPA) strategies.

Courtney Fields yielded her time to Andrew Becker.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 4 of 11

Andrew Becker encouraged the City to slow the process and consider how the Housing Element addressed affordable and equitable housing.

Public comments submitted in writing were entered into the record from the following individuals:

Alex Navarro, Monument Impact, Maria Velazquez, Byron resident and Andrew Becker, California Modular and Here Today Home Tomorrow Inc.

Mayor Thorpe stated the public speakers were critical to shaping policy. He questioned if Council would support giving direction to staff to come back with language specifically reflect ing just cause eviction, rent control and anti-tenant harassment policies in the draft Housing Element.

Councilmembers Torres-Walker and Wilson stated they would support a vote at the next meeting to approve tenant projection policies.

Director of Community Development Ebbs responded that staff was committed to brin ging language back that expresse d the City’s strong commitment to tenant protections ; however, details of the program warranted special consideration and community outreach which could not be delivered in two-weeks. He noted beyond the Housing Element they understood there was a desire to have a conversation regarding inclusionary housing and tenant protections.

Mayor Thorpe added that the City could not place rent control, just cause and anti -harassment policies in the Housing Element because they needed to be adopted by ordinance.

Following discussion, Council supported continuing the review of the draft Housing Element to June 28, 2022. They directed staff to provide specific language addressing tenant protection policies, inclusionary and senior housing as well as the proposed Housing Element Opportunity Sites located on Viera Avenue and Slatten Ranch Road.

MOTION TO ADJOURN SPECIAL MEETING/STUDY SESSION

On motion by Counci lmember Ogorchock, seconded by Councilmember Barbanica the City Council adjourned the Special meeting at 7:38 P.M.

7:00 P.M. REGULAR MEETING

Mayor Thorpe called the meeting to order at 7: 38 P.M., and City Clerk Householder called the roll.

Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe

PLEDGE OF ALLEGIANCE

Mayor Thorpe led the Pledge of Allegiance.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 5 of 11

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION , Monika Helgemo v. City of Antioch Contra Costa County Superior Court Case No. C20 -00767 - On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council approved a settlement for a sum of $250,000 . The motion carried the following vote: Ayes:

Torres-Walker, Wilson, Ogorchock, Barbanica and Thorpe , #2 CONFERENCE WITH LABOR NEGOTIATORS, no reportable action , #3 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, no reportable action ; and #4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: INTERIM CITY MANAGER, no reportable action.

1. INTRODUCTION OF NEW CITY EMPLOYEES - None

2. PROCLAMATIONS

• Recognizing June 2022 as Pride Month in the City of Antioch • Proclamation Commemorating Juneteenth, 2022

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously approved the proclamations.

Jeff accepted the Recognizing June 2022 as Pride Month in the City of Antioch proclamation and thanked the City Council for the recognition.

Anaya Morgan accepted the Proclamation Commemorating Juneteenth, 2022 and thanked the City Council for the recognition.

3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Director of Parks and Recreation Hel fenberger announced the following civic and community events.

➢ Juneteenth Community Celebration - June 17 & 18, 2022 ➢ Juneteenth Community Celebration - June 19, 2022
➢ Sesquicentennial 5K Run - June 25, 2022
➢ Sesquicentennial Community Bike Ride - June 26, 2022

4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

City Clerk Householder announced the following Board and Commission openings.

➢ Sales Tax Citizens’ Oversight Committee
➢ Contra Costa Mosquito & Vector Control Board of Trustees ➢ Board of Administrative Appeals

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 6 of 11

For more information and to apply, visit: www.bit.ly/ApplyAntioch or the City’s homepage.

PUBLIC COMMENTS

Lacey Brown commented that she along with Mr. Becker had been trying to engage with the community on the Housing Element Draf t and she encouraged the city to be more focused on community outreach.

Ralph Hernandez commented that he believed flying the Pride flag on City property was illegal because laws prohibited governmental agencies from using public property for political actions.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Torres-Walker reported on her attendance at the Community Violence Solutions Ad Hoc Committee meeting.

Councilmember Wilson reported on her attendance at the Tri Delta meeting. She announced Delta Diablo would be meeting next week.

MAYOR’S COMMENTS

Mayor Thorpe reported on his attendance at the Tri Delta and CCTA meetings as well as the Mayor’s conference. He noted he also participated in the Buford College Dialogue Series. He stated he was being hosted by the Mayor of San Juan Puerto Rico to discuss their city’s respective histories.

5. PRESENTATIONS

Fire Chief Broschard gave a PowerPoint presentation of the Contra Costa County Fire Protection District – Overview for Community Leaders and responded to questions from the City Council.

The City Council thanked Fire Chief Broschard for the presentation.

Interim Police Chief Ford gave a PowerPoint presentation of the Antioch Police Department June 2022 Crime and Activity Report and responded to questions from the City Council.

The City Council thanked Interim Chief Ford for the presentation.

6. CONSENT CALENDAR

A. APPROVAL OF COUNCIL MEETING MINUTES FOR APRIL 26, 2022

B. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 10, 2022

C. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 24, 2022

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 7 of 11

D. APPROVAL OF COUNCIL WARRANTS

E. REJECTION OF CLAIM: MARY BARKER

F. APPROVAL OF TREASURER’S REPORT FOR MARCH 2022

G. ORDINANCE NO. 2215 -C-S SECOND READING – ORDINANCE AMENDING ORDINANCE NO. 2207 -C-S (RELATING TO THE SALE, POSSESSION, OR

PROVISION OF SPECIFIED PRODUCTS BY TOBACCO RETAILERS OR

BUSINESSES) BY PROVIDING A GRACE PERIOD PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NO. 2207-C-S (Introduced on 05/24/2022)

H. ORDINANCE NO. 221 6-C-S SECOND READING – ORDINANCE FORMING THE PUBLIC SAFETY AND COMMUNITY RESOURCES DEPARTMENT (Introduced on 05/24/2022)

I. RESOLUTION NO. 2022/98 AB 361: RESOLUTION MAKING FINDINGS NECESSARY

TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR THE CITY

COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES

J. RESOLUTION NO. 2022/99 STATEMENT OF INVESTMENT POLICY

K. RESOLUTION NO. 2022/ 100 APPROVING CONSOLIDATED ENGINEER’S REPORT

AND DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE

HILLCREST, CITYWIDE, DOWNTOWN, ALMONDRIDGE, LONE TREE, AND EAST

LONE TREE LANDSCAPE MAINTENANCE DISTRICTS, AND SETTING PUBLIC HEARING (P.W. 500)

L. RESOLUTION NO. 2022/ 101 CONSIDERATION OF BIDS FOR THE PURCHASE OF

METER BOX LIDS WITH CELLULAR NETWORK PROBE HOLES FOR ADVANCED

METERING INFRASTRUCTURE (AMI) CELLULAR METER READING UPGRADE, BID NO. 670-0510-22A

M. RESOLUTION NO. 2022/ 102 ROAD MAINTENANCE AND REHABILITATION ACCOUNT (P.W. 707)

N. RESOLUTION NO. 2022/103 FORMATION OF A COMMUNITY FACILITIES DISTRICT FOR THE PROMENADE SAND CREEK RESIDENTIAL PROJECT (P.W. 697)

On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica , the City Council unanimously approved the Council Consent Calendar with the exception of Item G which was pulled for further discussion.

Item G – Ralph Hernandez thanked the City Council for reconsidering the ban and spoke in support of approving the grace period.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 8 of 11

Brian Davis, Project Director of LGBTQ Use Tobacco, discussed the adverse effects of tobacco use.

Amaya Wooding Project Coordinator, LGBTQ Minus Tobacco , spoke in support of the City’s Tobacco Ordinance and discussed the adverse effects of tobacco use.

Raymond discussed his work in creating awareness of the risks of tobacco use and spoke in support of the ordinance.

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously approved Item G.

Mayor Thorpe requested Mayor Pro Tem Barbanica to preside over and continue the meeting .

Mayor Thorpe left the meeting.

PUBLIC HEARING

7. RESOLUTION ACCEPTING AND ADOPTING THE PROPOSED FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 2022-2027 (P.W. 150-22)

Director of Public Works/City Engineer Samuelson presented the staff report dated June 14, 2022 recommending the City Council adopt the resolution: Approving the Five -Year Capital Improvement Program 2022 -2027; Authorize the City Manager or his designee to amend th e Fiscal Year 2022/23 Capital Improvement and Operating Budgets to include all unspent Fiscal Year 2021/22 Capital Improvement budgets as of June 30, 2022; and Authorize the City Manager or his designee to amend the Fiscal Year 2022/23 Operating Budget for any changes to the previously adopted Fiscal Year 2022/23 Capital Improvement Budget.

Mayor Pro Tem Barbanica opened and closed the public hearing with no members of the public requesting to speak.

RESOLUTION NO. 2022/104

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution: 1) Approving the Five -Year Capital Improvement Program 2022-2027; 2) Authorized the City Manager or his designee to amend the Fiscal Year 2022/23 Capital Improvement and Operating Budgets to include all unspent Fiscal Year 2021/22 Capital Improvement budgets as of June 30, 2022; and 3) Authorized the City Manager or his designee to amend the Fiscal Year 2022/23 Operating Budget for any changes to the previously adopted Fiscal Year 2022/23 Capital Improvement Budget.

8. ORDINANCE AMENDING ARTICLE 15 OF CHAPTER 5 OF TITLE 4 OF THE ANTIOCH

MUNICIPAL CODE AND CHANGING THE PRIMA FACIA SPEED LIMIT ON VARIOUS ROADWAY (P.W. 282-3A)

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 9 of 11

Director of Public Works/City Engineer Samuelson presented the staff report dated June 14, 2022, recommending the City Council introduce, waive the first reading, and read by title only, an Ordinance amending Article 15 of Chapter 5 of Title 4 of the Antioch Municipal Code "Special Speed Zones" in order to change the prima facie speed limit on certain streets.

Mayor Pro Tem Barbanica opened the public hearing.

Atticus Finch stated he was opposed to increasing the speed limits on various roadways.

Mayor Pro Tem Barbanica closed the public hearing.

In response to Councilmember Ogorchock, Director of Public Works/City Engineer Samuelson explained that they were required to establish speed limits based on the 85-percentile speed and if they did not follow that state requirement, it would not be radar enforceable.

Mayor Pro Tem Barbanica and Councilmember Ogorchock encouraged Director of Public Works/City Engineer Samuelson to consider all options for mitigating speeding traffic on James Donlon Blvd.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council introduced, waived the first reading, and read by title only, an Ordinance amending Article 15 of Chapter 5 of Title 4 of the Antioch Municipal Code "Special Speed Zones" in order to change the prima facie speed limit on certain streets. The motion carried the following vote:

Ayes: Ogorchock, Wilson, Barbanica Noes: Torres-Walker Absent: Thorpe

COUNCIL REGULAR AGENDA

9. FISCAL YEAR 2021-23 MID-YEAR BUDGET

This item was pulled from the agenda.

10. DECLARATION OF WATER SHORTAGE

Director of Public Works/City Engineer Samuelson presented the staff report dated June 14, 2022, recommending the City Council adopt a resolution: Declaring a Stage 2 water short age and implementing the measures identified in the City of Antioch's Water Shortage Contingency Plan and Implementing the requirements of the State Water Resources Control Board's Emergency Conservation Regulations Dated May 24, 2022.

Councilmember Wilson stated conservation is appropriate; however, there need ed to be long term solutions brought forward from stakeholders.

Councilmember Ogorchock requested the city’s irrigation system be set for 5:00 P.M. – 9:00 A.M. and the seeclickfix app have an option to report irrigation leaks.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 10 of 11

RESOLUTION NO. 2022/105

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution: Declaring a Stage 2 water shortage and implementing the measures identified in the City of Antioch's Water Shortage Contingency Plan and Implementing the requirements of the State Water Resources Control Board's Emergency Conservation Regulations Dated May 24, 2022.

11. SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH AND THE ANTIOCH

PUBLIC WORKS EMPLOYEES ASSOCIATION AND THE CITY OF ANTIOCH AND

THE ANTIOCH POLICE SWORN MANAGEMENT ASSOCIATION OBSERVING THE

JUNETEENTH HOLIDAY

Administrative Ser vices Director Mastay presented the staff report dated June 14, 2022 recommending the City Council adopt a resolution: Approving the Side Letter Agreement between the City of Antioch and the Antioch Public Works Employees Association observing the Juneteenth Holiday; Approving the Side Letter Agreement between the City of Antioch and the Antioch Police Sworn Management Association observing the Juneteenth Holiday; Authorizing the City Manager or designee to execute the Side Letter Agreements between the City of Antioch and the Antioch Public Works Employees Association and the City of Antioch and the Antioch Police Sworn Management Association; and Authorizing the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and Fisca l Year 2022/23 budget to implement the provisions of the Side Letter Agreements.

RESOLUTION NO. 2022/106
RESOLUTION NO. 2022/107

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution : Approving the Side Letter Agreement between the City of Antioch and the Antioch Public Works Employees Association observing the Juneteenth Holiday; Approving the Side Letter Agreement between the City of Antioch and the Antioch Police Sworn Management Association observing the Juneteenth Holiday; Authorizing the City Manager or designee to execute the Side Letter Agreements between the City of Antioch and the Antioch Public Works Employees Association and the City of Antioch and the Antioch Police Sworn Management Association; and Authorizing the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreements.

PUBLIC COMMENT

Frank Sterling thanked the Antioch Police Department for the update. He stated he was concerned for Officer Hoffman being involved in any department programs. He played an audio clip of a homeless individual’s complaints against the Community Engagement Team.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
June 14, 2022 Page 11 of 11

Lacey Brown denounced comments made from an individual who did not support raising the Pride Progress flag at City Hall.

STAFF COMMUNICATIONS

Interim City Manager Johnson announced the first City Council meeting in July w as not scheduled due to Summer Break. The next regularly scheduled Council meeting would be July 26, 2022, beginning at 7:00 P.M.

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Torres-Walker thanked the residents who provided public comment and stated she hoped some action would come from their remarks. She thanked City Clerk Householder for providing translation services this evening.

Councilmember Ogorchock stated she had requested staff provide her with the date Council approved the location for the Public Safety and Community Resources Department and she had not received that information. She requested an update on that item as well as the results of the feasibility study for the proposed location.

Councilmember Wilson requested SeeClickFix be agendized. She encouraged Council to take time during the Council break to self-reflect, relax and regenerate.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adjourned the meeting at 10:08 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

C
07-26-22

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of July 26, 2022
Honorable Mayor and Members of the City Council
SUBMITTED BY: Christina Garcia, CMC, Deputy City Clerk
APPROVED BY:

SUBJECT:

RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of June 28, 2022.

FISCAL IMPACT
None

DISCUSSION
N/A

ATTACHMENT
None.

Cg
Nickie Mastay, Administrative Services Director
City Council Meeting Minutes of June 28, 2022
t0

)
)

227 Housing Fund
Housing

CITY OF

ANTIOCH

CALIFORNIA

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JUNE 11 - JULY 14, 2022
FUND/CHECK#
00401034 LOCAL GOVERNMENT COMMISSION PROFESSIONAL SERVICES 00401307 LOCAL GOVERNMENT COMMISSION PROFESSIONAL SERVICES Finance Accounting
Prepared by: Michele Milo
7/14/2022
7,772.74
2,590.91
4E
July 26, 2022

F
07-26-22

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of July 26, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Lauren Posada, City Treasurer LP

SUBJECT: Approval of Treasurer’s Report for April of 2022

RECOMMENDED ACTION
It is recommended that the City Council receive and file the April 2022 Treasurer’s Report.

FISCAL IMPACT
There is no fiscal impact of this action.

DISCUSSION
The City’s Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurer’s Report is provided with both reporting provisions of the Policy.

ATTACHMENTS
A. City Treasurer’s Report

G
07-26-22

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of July 26, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Lauren Posada, City Treasurer
LP

SUBJECT: Approval of Treasurer’s Report for May of 2022

RECOMMENDED ACTION
It is recommended that the City Council receive and file the May 2022 Treasurer’s Report.

FISCAL IMPACT
There is no fiscal impact of this action.

DISCUSSION
The City’s Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the Cit y Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurer’s Report is provided with both reporting provisions of the Policy.

ATTACHMENTS
A. City Treasurer’s Report

H
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of July 26, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Resolution Designating the City of Antioch Representatives to the Municipal Pooling Authority Board

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution designating Thomas Ll oyd Smith, City Attorney as the City’s Board Member to the Municipal Pooling Authority (MPA) of Northe rn California (“Authority”) and Jazzman Brown, Risk Manager as the Alternate Board Member.

FISCAL IMPACT
The recommended action has no direct fiscal impact on City finances.

DISCUSSION
The Municipal Pooling Authority was originally formed as a Joint Powers Agree ment in 1977 among Cities in Contra Costa County as a means of “insuring” or sharing risks as a pool because the traditional private insurance market became less of an option for public agencies. The California Government Code allows public agencies to cr eate separate joint power authorities for this purpose.

The Authority is governed by a Board composed of one individual from each member City. An Alternate Board member is also named, who may vote at any meeting at which the regular Board member is absent.

Currently, Administrative Services Director Nickie Mastay is the City’s representative on the MPA Board and Thomas Lloyd Smith, City Attorney is the Alternate. With the full - time employment of Jazzman Brown as Risk Manager , it seems appropriate to designate her as the Alternate Board member.

ATTACHMENT
A. Resolution Designating a Board member and Alternative Board member to the Municipal Pooling Authority (MPA) of Northern California.

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

DESIGNATING A BOARD MEMBER AND AN ALTERNATIVE BOARD MEMBER

TO THE MUNICIPAL POOLING AUTHORITY OF NORTHERN CALIFORNIA

WHEREAS, the City of Antioch is a member of the Municipal Pooling Authority of Northern California (“Authority”);

WHEREAS, the governing documents of the Authority require the city council of each member city to appoint one Board member and to appoint one alternative Board member to the Board of Directors of the Authority.

WHEREAS, the City Attorney is the staff person primarily responsible for the City’s risk management functions covered by the Municipal Pooling Authority; and

WHEREAS, the Risk Manager is prepared to provide support to the City Attorney as an Alternate Board Member.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby designates the City Attorney as the City’s Board member to the Municipal Pooling Authority of Northern California;

BE IT FURTHER RESOLVED that the Risk Manager is hereby appointed as the City’s Alternative Board member to the Municipal Pooling Authority of Northern California; and

BE IT FURTHER RESOLVED that this resolution supersedes all previous authorizations.

* * * * * * * * * * I HEREBY CERTIFY that the foregoing reso lution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26 th day
of July, 2022, by the following vote:

AYES:

NOES:

ABSENT:

______________________________________

ELIZABETH HOUSEHOLDER, MPP

CITY CLERK OF THE CITY OF ANTIOCH

I
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of July 26, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: AB 361: Resolution Making Findings Necessary to Conduct Brown Act Meetings by Teleconference for the City Council, Boards, Commissions, and Committees

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.

FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.

DISCUSSION
Even though cases of COVID-19 have dropped, AB 361 is expressly intended “to protect the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location” because of physical status.

The City of Antioch has utilized teleconference technology for some time, and since the State of Emergency is still in effect and state officials are still recommending measures to promote social distancing, especially for immunocompromised and sensitive groups (as described in the attached Resolution), the City’s legislative bodies, which include the City Council, boards, commissions, and committees can continue to meet while providing access to the public via teleconference. This resolution makes the findings required by AB 361, and would apply Citywide – i.e., not just to the City Council but to all City commission s and committees subject to the Brown Act as well. Staff requests passage of the attached resolution, which enables “hybrid meetings” including in-person and teleconference public participation or virtual meetings via teleconference for the City Council, boards, commissions, and committees.

Under this resolution, City Council, commissions, boards, and committees can continue holding virtual meetings or hybrid meetings in compliance with the following more flexible standards:

Antioch City Council Report
July 26, 2022 Agenda Item #I 2

• The City is not required to provide a physical location for the public to attend or provide comments.

• Public access to the meeting via a call-in or an internet-based service option must be allowed, but the City is not required to have members of the public attend at each teleconference location.

• The City is only required to notice and post an agenda in accordance with the Brown Act provisions for in-person meetings. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet- based service option.

• When notice of the time of the teleconferenced meeting given or the agenda for the meeting is posted, the City shall also give notice of the means by which members of the public may access the meeting and offer public comment.

• The City must provide an opportunity for the public to address and offer comment in real time and cannot require all public comments to be submitted in advance of the meeting.

ATTACHMENTS
A. Resolution

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

MAKING THE REQUIRED FINDINGS TO AUTHORIZE REMOTE

TELECONFERENCE/VIRTUAL MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF ANTIOCH FOR A PERIOD OF THIRTY

DAYS PURSUANT TO BROWN ACT PROVISIONS

WHEREAS, the City of Antioch is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act;

WHEREAS, all meetings of the City’s legislative bodies, which includes the City Council, boards, commissions, and committees, are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), such that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;

WHEREAS, as recently amended by AB 361, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions;

WHEREAS, a required condition is that a s tate of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558;

WHEREAS, it is further required that state or local officials have recommended or imposed measures t o promote social distancing, or the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees;

WHEREAS, such conditions now exist in the City ; specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency, and such proclamation remains in effect and has not been rescinded or cancelled, and the “SMARTER” plan that the Governor unveiled specifically indicates that the State of Emergency will not be terminated;

WHEREAS, in addition to the above, state offici als have issued orders recommending social distancing measures for certain individuals and in certain situations.

For example, and not by way of limitation, social distancing is referenced in guidance on vaccine doses for persons who are immunocompromised and in certain situations under general industry safety orders;

WHEREAS, the state legislature has also made findings that by removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, AB 361 protects the health and safety of civil servants and

ATTACHMENT A
the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location;

WHEREAS, the City Council does hereby find that all of the legislative bodies of the City shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivi sion (e) of section 54953; and

WHEREAS, the City will provide live call-in and/or internet service-based option for remote public participation and will provide notice for such participation in the agendas posted in advance of the meetings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Findings. The City Council hereby finds that, as set forth above, due to the novel coronavirus a State of Emergency declared by the Governor of the State of California is currently in effect, and that state or local officials are recomm ending measures promote social distancing.

Section 3. Remote Teleconference Meetings. The City Manager and City Attorney are hereby authorized and directed to take all actions necessary to conduct open and public meetings for all the legislative bodies of the City in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution . This Resolution shall be effective immediately upon its adoption and shall remain in effect until the earlier of 30 days from the effective date of this Resolution , or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference.

* * * * * * * * *

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 26th day of July, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTACHMENT A
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 26, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jeff Cook, Collections/NPDES Superintendent APPROVED BY: John Samuelson, Public Works Director/City Engineer J5 SUBJECT: Authorize City Manager to Execute a Three-Year Agreement with Golden Bell Products for a total contract amount not to exceed $111,581.64

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Approving a Maintenance Services Agreement with Golden Bell Products for a Three (3) Year Term for a total agreement amount not to exceed $111,581.64; and

2. Authorizing the City Manager to execute the agreement with Golden Bell Products in a form approved by the City Attorney.

FISCAL IMPACT
Funding for this agreement is in included in the adopted Fiscal Year 2021-2023 Sewer Enterprise Fund budget.

DISCUSSION
The City of Antioch utilizes Golden Bell Products for the control of cockroaches and other vermin in our sewer manholes. Golden Bell Products is the primary source/vendor of lnsecta products in the State of California since 1998 and the company authorized for distribution and application until year 2030. The City of Antioch has used this product since 2012 and as a result has greatly reduced the amount of vermin in our sewer systems as well as the surrounding residential homes and commercial businesses. Contracting with Golden Bell Products is not only beneficial for price lock guarantee, but also continues a high level of safe pest control in our City sewer system.

J
Agenda Item #

ATTACHMENT "A"
RESOLUTION NO. 2022r*

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT

WITH GOLDEN BELL PRODUCTS AND APPROVE THE PURCHASE ORDER FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $111,581.64
WHEREAS, the City of Antioch utilizes Golden Bell Products for the control of cockroaches and other vermin in our sewer manholes; and WHEREAS, Golden Bell Products is the primary source/vendor of lnsecta products and is the only Authorized company for Distribution and Application until 2030; and WHEREAS, The City of Antioch has used lnsecta products since 2012 with great success; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:

1. Approves the Maintenance Services Agreement with Golden Bell Products for a Three (3) Year Term for a total contract amount not to exceed $111,581.64; and

2. Authorizes the City Manager to execute the agreement in a form approved by the City Attorney.
* * * * * * * * * * * * *
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 26th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 26, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Deputy Public Works Director APPROVED BY: John Samuelson, Public Works Director/City Engineer..JJ SUBJECT: First Amendment to the Honeywell Building Solutions Services Agreement No. 40098420 to Increase the Extra Work Contract Amount

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Approving the First Amendment with Honeywell Building Solutions which increases Year 2 of the Extra Work contract amount by $54,339.02, and Year 3 Extra Work contract amount by $75,000, for a total remaining agreement amount not to exceed $638,779.02; and

2. Authorizing the City Manager to execute the First Amendment to the three (3) Year Honeywell Agreement with an option to extend for two (2) additional years in a form approved by the City Attorney.

FISCAL IMPACT
Adoption of this resolution will utilize the approved fiscal years 2021-2023 General Fund Operating budgets.

DISCUSSION
Honeywell currently provides maintenance and repair services to the City's HVAC (heating, ventilating, and air conditioning) systems at City owned facilities including City Hall, the old and new Police Stations, Senior Center, Nick Rodriguez Community Center, Maintenance Services Center, Prewett Water Park, Antioch Community Center, Marina, and the Lynn House.

Honeywell has provided the City with outstanding 24-hour service and worked with our staff to keep our aging mechanical systems in good working condition. Honeywell continues to demonstrate excellent customer service, including trouble shooting K
Agenda Item #

ATTACHMENT "A"
RESOLUTION NO. 2022/ ..

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE FIRST AMENDMENT TO THE HONEYWELL BUILDING SOLUTIONS SERVICE AGREEMENT NO. 40098420, TO INCREASE THE EXTRA

WORK CONTRACT AMOUNT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT
WHEREAS, the City must maintain its HVAC systems at City owned facilities; and WHEREAS, on June 23, 2020, the City Council passed and adopted Resolution No. 2020/104 authorizing the City and Honeywell Business Solutions to execute a renewal of the HVAC services agreement for a term of three (3) years with a contract end date of June 30, 2023, in the amount not to exceed $790,700; and WHEREAS, the City would like to amend this Agreement to increase the Year 2 and Year 3 Extra Work amount to cover additional unforeseen expenses for repairs; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:

1. Approves the First Amendment with Honeywell Building Solutions which increases Year 2 of the Extra Work contract amount by $54,339.02, and Year 3 Extra Work contract amount by $75,000, for a total remainder agreement amount not to exceed $638,779.02; and

2. Authorizes the City Manager to execute the First Amendment to the Agreement in a form approved by the City Attorney.
* * * * * * * *
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 26th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 26, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Public Works Deputy Director APPROVED BY: John Samuelson, Public Works Director/City EngineerJ5 SUBJECT: Authorize City Manager to Approve Master Purchase Orders for Gates & Associates, C&J Favalora Trucking and WaterSavers Irrigation

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the City Manager to approve a Master Purchase Order for the following Vendors:

1. Gates & Associates for an amount not to exceed $100,000 per fiscal year while under contract.

2. C&J Favalora Trucking for an amount not to exceed $200,000 per fiscal year while under contract.

3. WaterSavers Irrigation for an amount not to exceed $100,000 per fiscal year

FISCAL IMPACT
Funding for these three Purchase Orders is included in the adopted biennial Fiscal Year 2021-2023 Water Fund Enterprise Budget and General Fund Budget.

DISCUSSION
The City of Antioch utilizes numerous vendors throughout the year for various services such as design work, trucking services and irrigation supplies. Many times, vendors are contracted under multiple contracts specific to a work division such as Water Distribution or Streets, however the actual work performed, or supplies ordered are the same.

The City of Antioch's Administrative memo #86 (modified) of May 24, 2018, under section

3.4 Economical Approach states that all procurements must be undertaken in a manner that will avoid acquisition of unnecessary or duplicative items. Therefore, while there may be multiple contracts per vendor due to the scope of work varying per work division, the services rendered, or materials needed often are the same.

L
Agenda Item #

ATTACHMENT "A"
RESOLUTION NO. 2022/1'*

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

AUTHORIZING THE CITY MANAGER TO APPROVE MASTER PURCHASE ORDERS FOR GATES & ASSOCIATES ($100,000), C&J FAVALORA TRUCKING ($200,000) AND WATERSAVERS IRRIGATION ($100,000)
WHEREAS, the City of Antioch utilizes numerous vendors throughout the year for various services such as design work, trucking and irrigation supplies; and WHEREAS, multiple small contracts are usually created per department but for the same type of service or supply purchases; and
WHEREAS, the City of Antioch Administrative memo #86 (modified) prohibits multiple purchase orders with the same vendor for the same service and/ or supplies; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:

Authorizes the City Manager to approve Master Purchase Orders for the following Vendors:

1. Gates & Associates for an amount not to exceed $100,000 per fiscal year while under contract.

2. C&J Favalora Trucking for an amount not to exceed $200,000 per fiscal year while under contract.

3. WaterSavers Irrigation for an amount not to exceed $100,000 per fiscal year for irrigation supplies as needed.
.. * * * * * * *
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 26th day of July 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 26, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Deputy Public Works Director APPROVED BY: John Samuelson, Public Works Director/City Engineer .JS SUBJECT: Approval of Increase to Purchase Order with SiteOne Green Tech for an amount not to exceed $250,000

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Approving an increase to the Purchase Order with SiteOne Green Tech for the purchase of irrigation controllers, parts and service on an as needed basis including any irrigation controller cellular service packages for an amount not to exceed $250,000 p�r fiscal year; and

2. Authorizing the City Manager to approve the Purchase Order with SiteOne Green Tech for an amount not to exceed $250,000 per fiscal year.

FISCAL IMPACT
Funding for irrigation controllers and related parts and services is included in the adopted biennial FY2021-2023 budgets in the General Fund and Street Lighting and Landscape Maintenance District Funds.

DISCUSSION
The City of Antioch primarily utilizes Rain Master irrigation controllers throughout the City and requires a knowledgeable, regional vendor capable of timely installation, repair and maintenance of its 255 irrigation controllers. SiteOne is the primary source/vendor of Rain Master irrigation controller products in the State of California and the only authorized installation and repair provider for Rain Master in the region. Contracting with SiteOne for sales and service ensures that all purchases made come with a comprehensive warranty for all parts and services. With SiteOne/ Green Tech providing on call service repairs as needed, the City is assured that a qualified and authorized service provider will repair and/or replace any controller in a timely manner.

N
Agenda Item #

ATTACHMENT "A"
RESOLUTION NO. 2022f"*

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

INCREASING THE PURCHASE ORDER AMOUNT WITH SITEONE GREEN TECH FOR AN AMOUNT NOT TO EXCEED $250,000 PER FISCAL YEAR
WHEREAS, the City of Antioch purchased Rain Master Controllers and utilizes SiteOne/ Green Tech for timely installation, repair and service; and WHEREAS, on June 27, 2021, the City Council passed and adopted Resolution No. 2021/127 authorizing the City to approve a Purchase Order for $100,000 per Fiscal Year through June 30, 2023; and
WHEREAS, the City would like to increase the Purchase Order with SiteOne/ Green Tech for an amount not to exceed $250,000 due to the need for irrigation controller replacements, parts and service; and
WHEREAS, current historically high inflation, has significantly increased the cost of irrigation controllers, parts, materials and labor;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:

1. Approves an increase to the Purchase Order with SiteOne/ Green Tech for the purchase of irrigation controllers on an as needed basis and, all related parts and services including cellular service packages for an amount not to exceed $250,000 per fiscal year; and

2. Authorizes the City Manager to approve the Purchase Order with SiteOne/ Green Tech for an amount not to exceed $250,000 per fiscal year

Antioch City Council Report
July 26, 2022 Agenda Item #5
New Definitions
The ordinance includes n ew definitions for MOTOR VEHICLE and RECREATIONAL VEHICLE to clarify the meaning of these terms. MOTOR VEHICLE is a broad classification that includes all cars, trucks, recreational vehicles, and trailers requiring registration with the Department of Motor Vehicles. RECREATIONAL VEHI CLE just describes motor homes, camping trailers, boats, and similar.

Regulations
In general, a motor vehicle can be parked on the driveway to the house and the driveway can be widened to accommodate parking of additional motor vehicles. The widened area must be toward the adjacent side property line and must be paved to match the driveway.

The parked motor vehicle must be registered, operational, maintained in good repair, and cannot overhang the sidewalk. A maximum of one Recreational Vehicle can be stored in each front yard. A motor vehicle may be stored in a rear or side yard if it is behind a 6’ fence and on a paved or gravel surface.

Motor vehicles over 8’ in height, such as motor homes, must be located 3’ from a side or rear property line, gas meter, electrical panel, or bedroom egress window. These are for safety and compatibility issues.

The Planning Commission made two amendments to the proposed ordinance. First, the ordinance was revised to clearly state that non -operational registration is acceptable.

However, the vehicle must remain functionally operational . Second, the ordinance was revised to use the U.S. Department of Transportation payload classifications instead of the vernacular one-ton classification. This will allow all common passenger vehicles and trucks but would prohibit large commercial vehicles.

The proposed Ordinance is included as Attachment A.

FISCAL IMPACT
The proposed ordinance will consolidate and simplify enforcement efforts and will not have a fiscal impact.

ENVIRONMENTAL REVIEW
The parking of motor vehicles or recreational vehicles on existing, developed property does not have the potential to create an environmental impact. As such, the proposed Zoning Code amendments are exempt from CEQA pursuant to Section 15061 (b) (3). (3) “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
Antioch City Council Report
July 26, 2022 Agenda Item #5

ATTACHMENTS
A. Ordinance
B. Planning Commission Staff Report
ATTACHMENT A – EXHIBIT A
O
RDINANCE NO. _____
AN O

RDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

AMENDING THE ANTIOCH MUNICIPAL CODE REGARDING THE PARKING OF

MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON RESIDENTIAL

PROPERTY
T
he City Council of the City of Antioch does ordain as follows:

S
ECTION 1:

The Antioch Municipal Code regulates the parking of motor vehicles, including recreational vehicles, on residentially used property through in Title 5, Chapter 1, Property Maintenance, and in Title 9, Chapter 5, Zoning.

S
ECTION 2:

The City Council finds that current regulations do not adequately and equitably regulate the parking of motor vehicles, including recreational vehicles, as they rely on a registration process that is not available to new residents and offer differing standards for automobiles and recreational vehicles.

S
ECTION 3:

The City Council finds that it is in the public interest to expand opportunities for parking motor vehicles, including recreational vehicles, on residentially used property subject to clear and fair standards and regulations.

S
ECTION 4:

Section 5 -1.201.1, When Storage of a Recreational Vehicle is a Public Nuisance , is hereby repealed.

S
ection 5-1.202(D), Parking and Storage of Vehicles and Equipment, is hereby amended to read as follows:
(
D) Parking and storage of vehicles and equi pment.
(1) Any outdoor parking or storage of any inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or parts thereof, including watercraft so that it is within the view from the public right-of-way:
(a) Any vehicle that is not currently registered with the California Department of Motor Vehicles to operate legally on a public street is deemed inoperable for purposes of this section.
(b) Lawfully operating junk yards are exempt from § 5 -1. 201(A) provided such businesses are located within a zone permitting such business and conducted in accordance with all regulations applicable thereto. (2) Parking or storage of motor vehicles or other mobile equipment in any area not designated as a parking space on the approved site plan or on any A1
2 unpaved surface including, but not limited to, dirt, grass or any other surface that is not concrete or a similar paving material.
(13) P arking or storage of construction equipment or machinery or other industrial or commercial equipment or machinery in any area zoned for residential uses so that it is within the view from the public right -of-way except while excavation, construction or demolition operations covered by an active building or demolition permit are in progress on the property.

Sec
tion 9-5.3830, Recreational Vehicles, is hereby repealed and replaced with the following:
9 -5.3830 PARKING AND STORAGE OF MOTOR VEHICLES ON RESIDENTIAL PARCELS.

It shall be unlawful for any person to keep or maintain or to permit to be placed, kept, or maintained any motor vehicle on any lot, piece, or parcel of land used for residential purposes, except as follows:
(A
) All Locations: The parking of a motor vehicle on any parcel used for residential purposes is subject to the following standards:
(1) The motor vehicle, if taller than 8 feet, shall not be parked closer than 3 feet from an adjoining parcel.
(2) A motor vehicle, including recreational vehicles, shall not be inhabited for any duration, as prohibited by Section 9-5.3830.
(3) The motor vehicle may not be parked within 3 feet of a bedroom window or other required emergency egress window, or within 3 feet of an electrical panel or gas meter.
(4) Except for recreational vehicles, only vehicles with payload classifications of Class 1, Class 2, and/or Class 3, as defined by the U.S. Department of Transportation, may be parked on any parcel used for residential purposes. (5) Drainage from paved surfaces shall be contained wholly on the subject site and shall not be conveyed to a neighboring property.
(6) The parking of vehicles or associated improvements are subject to the provisions of any underlying easement. Any improvements within or impacting the public right -of-way are subject to the prior issuance of an Encroachment Permit.
(B) Front Yard: When parked in the front yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle may be parked on the driveway to the existing garage or on an attached extension.
(2) The motor vehicle may be parked on an attached extension of the existing driveway apron, subject to the following standards:
(a) The extension shall be paved with concrete or other material similar to the existing paved driveway.

A2
3 (b) The extension shall only be located within the area between the existing driveway and the nearest interior property line.
(c) The extension may extend inward to the center of the front yard no more than three feet.
(d) Detached driveways or parking pads are prohibited.
(e) A maximum of 50% of the front yard may be paved for parking purposes. (3) The motor vehicle, including recreational vehicles and motor vehicles stored on trailers, shall be operational and registered with the Department of Motor Vehicles as required by Section 5-1.202(D). Non-operational registration is permitted, though the vehicle must remain functionally operational. (a) Vehicle under repair may be permitted as regulated by Section 9-5.902. (4) Utility trailers may not be stored containing garbage, debris or other waste. (5) The motor vehicle shall not be parked in such a manner as to overhang a public or private sidewalk.
(6) The motor vehicle, including any associated cover, shall be maintained in good repair with all exterior finishes in operable, watertight condition. (7) A maximum of one recreational vehicle may be stored in a single front yard. (8) The motor vehicle shall not be parked in such a manner as to present a site obstruction as described by Section 9-5.1101.
(C
) Rear Yard: When parked in the rear yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle shall be stored behind a 6 feet solid fence or gate. (2) The motor vehicle shall be parked on a surface paved with concrete or similar material, or on pervious gravel.
(3) Access to the rear yard must be from either the interior side yard adjacent to the existing driveway or, on corner lots, from a separate driveway from the adjoining frontage. Access may not be across the front yard. New driveways or access points are subject to approval of the City Engineer.

S
ection 9-5.203, Definitions, is hereby amended to include the following definitions:

RE
CREATIONAL VEHICLE . A personal vehicle, including but not limited to, a camping trailer, motorhome, tent trailer, fifth- wheel trailer, unmounted camper shell, boat, personal watercraft, utility trailer, or other mobile recreational equipment or watercraft, or any empty trailer intended for or capable of carrying any of the above.

M
OTOR VEHICLE. Any automobile, truck, trailer, Recreational Vehicle, or other vehicle or equipment that is required to be registered with the California Department of Motor Vehicles.

A3
4 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.

S
ECTION 6. CE QA.
(3) “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” S
ECTION 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. *
* * * * * *
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:

A
YES:

NOES:

ABSENT:

ABSTAIN:

Lamar Thorpe, Mayor of the City of Antioch
A
TTEST:

Elizabeth Householder
City Clerk of the City of Antioch
A4
7-1
06- 15-22
T
O: ANTIOCH PLANNING COMMISSION
F
ROM: Forrest Ebbs, Community Development Director
S
UBJECT: Ordinance Amending Title 9, Chapter 5 Regarding the Regulation of the Parking of Motor Vehicles, including Recreational Vehicles, on residential parcels DAT
E: June 15, 2022
R
EQUEST
The P
lanning Commission will review draft amendments to Title 9, Chapter 5 (Zoning Ordinance) of the Antioch Municipal Code regarding the off-street parking of motor vehicles, including recreational vehicles, on residentially zoned parcels. The proposed ordinance would permit the parking of motor vehicles, including recreational vehicles, on residential parcels without a City - issued permit . Standards are proposed that regulate location/setbacks, maintenance, paved parking surfaces, and other site and operational requirements.

S

TAFF RECOMMENDATION
S
taff recommends that the Planning Commission recommend that the City Council adopt the Ordinance amending Title 9, Chapter 5 of the Antioch Municipal Code (Zoning Ordinance) regarding the regulation of the parking of motor vehicles, including recreational vehicles, on residential parcels.

S

ITE LOCATION
The
proposed amendments would be effective Citywide on all parcels used for residential purposes.

BA

CKGROUND
The par
king of recreational vehicles (RV) in the front yard of a residential parcel is currently prohibited by Antioch Municipal Code (AMC) Section 5-1.202.1 unless the vehicle is:

1. Parked outside of the front yard in either a side or rear yard, and on an improved surface,

2. Parked temporarily for the purpose of loading/unloading for a period of no more than 24 hours,

3. The sole means of transportation for its owner, or

4. Registered with the City of Antioch.

ATTACHMENT B
B1
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The C
ity of Antioch allowed registration in accordance with criteria 4 from October 23, 2007 through April 30, 2008. During this time, the City issued 445 RV registrations. The program was continued until May 13, 2009 when an additional 519 RV registrations were issued. In total, 965 RV registrations were approved, and the City currently recognizes 946 RV registrations, as 19 were either revoked or surrendered.

The registration process has been closed since 2009 and new residents may not apply for RV registration and may not park an RV in their front yard. The existing registrations are valid only for the property and its owner or occupant when the registration was issued – they may not be transferred to new owners or moved to a new address. They may be amended for a replacement vehicle, though only one vehicle is allowed per site. Code Enforcement staff conducted a basic survey of 100 RV registrations and found that just 24 of the surveyed properties still contained an RV. In the remaining cases, it is assumed that the original registrants have moved, sold their RV and the new owners/occupants do not have an RV. Staff suggests that approximately 227 (24%) of the existing 946 registrations may be valid. Simultaneously, there is an observed increase in the parking of RVs in front yards outside of the registration process , which has resulted in numerous complaints and enforcement action.
2022 City Council Direction
The City Council considered this issue on May 10, 2022 and directed staff to pursue a more effective and equitable system to regulate the parking of RVs in residential neighborhoods.

The AMC currently regulates the parking of motor vehicles and recreational vehicles in various sections, including the following:
• 5-1.201.1- Prohibits the parking of RVs, with exceptions, and establishes the RV registration process.
• 5-1.202 (D) – Prohibits the storage of inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or parts thereof within view of the public right-of-way. This applies to RVs and other motor vehicles.
• 9-5.3830 – Prohibits the use of an RV for temporary or permanent residence anywhere in the City of Antioch, outside of an RV park.
• 9-5.1101 – Prohibits the parking of vehicles, trailers, or other object such as to create a traffic obstruction at an intersection. This affects parking in areas of the front yard of corner lots.
• 9-5.1718 – Requires that 25% of lots in new residential subdivisions offer a 10 foot wide side yard RV parking space on the garage side of the lot.

The parking of RVs or other motor vehicles on public streets is addressed elsewhere in the AMC and in State law, and is not before the Planning Commission for consideration.

AN
ALYSIS
I
n response to the City Council direction, staff is recommending a comprehensive consolidation and amendment to the Antioch Municipal Code (AMC) to provide a clear and equitable regulatory system to govern the parking of motor vehicles, including recreational vehicles ( RVs), on residential parcels.

The pr
esent regulations treat RVs separately from motor vehicles , though the complaints and considerations are similar. The proposed amendments uniformly address the parking of all motor B2
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v
ehicles and provide additional regulations specific to RVs. Staff’s goals for these regulations area as follows:

1. Create an equitable system that is accessible to new residents and would replace the former RV registration system.

2. Address the aesthetic and safety concerns associated with parking of vehicles in the front yard and, especially, oversized RVs.

3. Offer simple and effective regulations that are easily understood by residents and readily enforced, if necessary, by Code Enforcement staff.

4. Place the new regulations entirely within the Zoning Ordinance, which would shift the appeal process from the Board of Administrative Appeals to the Planning Commission ,
and r
ecognize them as land use regulations. The RV registration process is currently housed under the City’s property maintenance standards, which fall outside of the Zoning O
rdinance.

The proposed amendment introduces definition s for Motor Vehicle and Recreational Vehicle, neither of which are currently defined in the Zoning Ordinance. These proposed definitions are as follows:

RECREATIONAL VEHICLE. A personal vehicle, including but not limited to, a camping trailer, motorhome, tent trailer, fifth-wheel trailer, unmounted camper shell, boat, personal watercraft, utility trailer, or other mobile recreational equipment or watercraft, or any empty trailer intended for or capable of carrying any of the above.

MOTOR VEHICLE. Any automobile, truck, trailer, Recreational Vehicle, or other vehicle or equipment that is required to be registered with the California Department of Motor Vehicles.

The proposed regulations would allow owners or occupants of any property used for residential purposes to store a motor vehicle, including an RV, in the front yard on a paved surface directly adjacent to the existing driveway and the nearest interior property line, as depicted in Figure 1.

F
IGURE 1
The vehicle must not overhang the sidewalk, must be operational and registered, and must be maintained in good repair. One RV would be allowed in each front yard and it could not be inhabited for any duration. A maximum of 50% of the front yard could be paved for parking.

B3
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W
hen stored in a side or rear yard, the motor vehicle would need to meet other standards. It would need to be stored behind a 6’ fence, located on a paved or gravel surface, and must take access either directly from the existing driveway or from a corner side frontage. Examples are show in Figure 2.

F
IGURE 2
In all cases, vehicles over 8’ tall, which includes motorhomes and camping trailers, would need to be located 3’ from the adjacent property line and 3’ from a gas meter, electric panel, or emergency egress (bedroom) window.

The Planning Commission is asked to provide a specific recommendation regarding the installation or use of detached driveways or parking pads in the front yard for parking of m otor vehicles. In most cases, houses that were planned to provide side or rear yard RV parking have the additional space located adjacent to the existing driveway as shown in Figure 2 above. In some cases, however, there is a larger side yard opposite the driveway. In this case, a property owner may desire to access the rear yard by crossing the front yard or may desire to use the front yard for vehicle parking. This scenario is shown in Figure 3.

F
IGURE 3
The Planning Commission is asked to discuss this option and make a clear recommendation to the City Council on whether this condition should be permitted. In many newer neighborhoods, rolled curbs are used and a new driveway apron would not be required to accommodate this B4
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s
ituation. When solid curbs are in place, a new driveway apron would be required as you may not drive over a curb to access parking. The installation of a second driveway would likely eliminate the on-street parking in front of this house, which has a cumulative impact on the neighborhood.

Further, the creation of a second driveway/parking area is inconsistent with the established aesthetic of most neighborhoods. Staff does not recommend that this situation be permitted and is requesting affirmation from the Planning Commission.

Public Right-of-Way
In most neighborhoods in Antioch, the property line begins ten feet inward from the curb and the public right-of-way includes the roadway, sidewalk and any landscape areas within 10’ of the curb.

This area is used to house utilities, vaults, water meters, and other necessary infrastructure. As a result, any modification to the forwardmost 5’ of landscape in the front yard often requires approval of an Encroachment Permit from the Engineering Division of the Public Works Department. In reviewing applications for Encroachment Permits, the Division considers the presence of utilities and the implications of the proposed improvements. The Encroachment Permit would be required for any driveway expansions or new installations that cross over this 5’ utility area and additional requirements would be imposed as appropriate. In some cases, an Encroachment Permit may not be issued due to conflicts with utilities or other objects in the right- of-way. In these cases, a vehicle parking pad may not be permitted.

Title 5, Chapter 1, Property Maintenance
The proposed changes impact both the Zoning Ordinance (Title 9, Chapter 5) and the Property Maintenance Ordinance (Title 5, Chapter 1). The Planning Commission is charged with forwarding recommendations for amendments to the Zoning Ordinance but is not called to do so with other sections of the Antioch Municipal Code. The attached resolution offers recommendations on both sections because the overall effort is intertwined and the amendments to the Zoning Ordinance rely on the changes outside of the Zoning Ordinance.

EN

VIRONMENTAL REVIEW
Ther
e is no physical construction or permanent land changes associated with the off -street parking of motor vehicles or recreational vehicles on existing, developed property. The proposed Zoning Code amendments are exempt from CEQA pursuant to Section 15061 (b) (3). (3) “The activity is covered by the common sense ex emption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” AT

TACHMENTS
A. R
esolution 2022-xx with Exhibit A Draft Ordinance
B5
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AT

TACHMENT A

PLANNING COMMISSION RESOLUTION

WITH EXHIBIT A
(SEPARATE PAGE)
B6
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P

LANNING COMMISSION
RESOLUTION NO. 2022-**
RE

SOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANTIOCH

RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ORDINANCE AMENDING TITLE 9, CHAPTER 5 (ZONING ORDINANCE) OF THE ANTIOCH MUNICIPAL CODE REGARDING

THE PARKING OF MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON

RESIDENTIAL PARCELS
W
HEREAS, the parking of recreational vehicles is currently declared a public nuisance by Antioch Municipal Code Section 5-1.201.1 unless specifically excluded by provisions contained therein;
W
HEREAS, one such exclusion is the City of Antioch Recreational Vehicle Registration Program (Program) that ended in 2009 and includes 946 current registrations; W
HEREAS, those not currently registered through the Progra m may not lawfully park a recreational vehicle in the front or side yard of their property; W
HEREAS, it is in the interest of the City of Antioch to offer the opportunity for those not enabled by the Program to park recreational vehicles in the front or side yard of their property; W
HEREAS, the proposed amendments would create regulations for the parking of motor vehicles, including recreational vehicles, in the front, side or rear yard of residential parcels in a manner that minimizes impacts on public safety and neighborhood aesthetics; W
HEREAS, the proposed amendments are exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15301, as they will minimally impact the use of land at existing facilities;
W
HEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on June 3, 2022 for the Planning Commission public hearing held on June 15, 2022; WHEREAS, on June 15, 2022, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary and documentary; and
WHEREAS, the Planning Commission considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.

NO
W THEREFORE, BE IT RESOLVED that the Planning Commission does hereby make the following findings for recommendation to the City Council approval of the Zoning Amendment:

1. The public necessity, convenience, and general welfare require the amendments to the Zoning Ordinance. The City of Antioch has grown significantly since 2009 and new residents to the City desire the opportunity to park motor vehicles, includi ng recreational vehicles, on residential parcels. The proposed regulations enable the B7
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equitable and responsible parking of motor vehicles while mitigating the impacts on public safety and neighborhood aesthetics.

NO
W THEREFORE BE IT FURTHER RESOLVED that the Planning Commission hereby recommends the City Council adopt the Ordinance, attached as Exhibit A, amending Title 5, Chapter 1 (Property Maintenance) and Title 9, Chapter 5 (Zoning) of the Antioch Municipal Code regarding the parking of motor vehicles, including recreational vehicles, on residential parcels. * *
* * * * * *
I
HEREBY CERTIFY that the foregoing resolution was adopted by the Planning Commission of the City of Antioch at a regular meeting thereof held on the 15th day of June 2022, by the following vote:

A
YES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

FORREST EBBS
Secretary to the Planning Commission
B8
ATTACHMENT A – EXHIBIT A
O
RDINANCE NO. _____
AN O

RDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

AMENDING THE ANTIOCH MUNICIPAL CODE REGARDING THE PARKING OF

MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON RESIDENTIAL

PROPERTY
T
he City Council of the City of Antioch does ordain as follows:

S
ECTION 1:

The Antioch Municipal Code regulates the parking of motor vehicles, including recreational vehicles, on residentially used property through in Title 5, Chapter 1, Property Maintenance, and in Title 9, Chapter 5, Zoning.

S
ECTION 2:

The City Council finds that current regulations do not adequately and equitably regulate the parking of motor vehicles, including recreational vehicles, as they rely on a registration process that is not available to new residents and offer differing standards for automobiles and recreational vehicles.

S
ECTION 3:

The City Council finds that it is in the public interest to expand opportunities for parking motor vehicles, including recreational vehicles, on residentially used property subject to clear and fair standards and regulations.

S
ECTION 4:

Section 5 -1.201.1, When Storage of a Recreational Vehicle is a Public Nuisance , is hereby repealed.

S
ection 5-1.202(D), Parking and Storage of Vehicles and Equipment, is hereby amended to read as follows:
(
D) Parking and storage of vehicles and equi pment.
(1) Any outdoor parking or storage of any inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or parts thereof, including watercraft so that it is within the view from the public right-of-way:
(a) Any vehicle that is not currently registered with the California Department of Motor Vehicles to operate legally on a public street is deemed inoperable for purposes of this section.
(b) Lawfully operating junk yards are exempt from § 5 -1. 201(A) provided such businesses are located within a zone permitting such business and conducted in accordance with all regulations applicable thereto. (2) Parking or storage of motor vehicles or other mobile equipment in any area not designated as a parking space on the approved site plan or on any B9
2 unpaved surface including, but not limited to, dirt, grass or any other surface that is not concrete or a similar paving material.
(13) P arking or storage of construction equipment or machinery or other industrial or commercial equipment or machinery in any area zoned for residential uses so that it is within the view from the public right -of-way except while excavation, construction or demolition operations covered by an active building or demolition permit are in progress on the property.

Sec
tion 9-5.3830, Recreational Vehicles, is hereby repealed and replaced with the following:
9 -5.3830 PARKING AND STORAGE OF MOTOR VEHICLES ON RESIDENTIAL PARCELS.

It shall be unlawful for any person to keep or maintain or to permit to be placed, kept, or maintained any motor vehicle on any lot, piece, or parcel of land used for residential purposes, except as follows:
(A
) All Locations: The parking of a motor vehicle on any parcel used for residential purposes is subject to the following standards:
(1) The motor vehicle, if taller than 8’, shall not be parked closer than 3’ from an adjoining parcel.
(2) A motor vehicle, including recreational vehicles, shall not be inhabited for any duration, as prohibited by Section 9-5.3830.
(3) The motor vehicle may not be parked within 3’ of a bedroom window or other required emergency egress window, or within 3’ of an electrical panel or gas meter.
(4) Except for recreational vehicles, motor vehicles in excess of one to n payload may not be parked on any parcel used for residential purposes. (5) Drainage from paved surfaces shall be contained wholly on the subject site and shall not be conveyed to a neighboring property.
(6) The parking of vehicles or associated improvements are subject to the provisions of any underlying easement. Any improvements within or impacting the public right -of-way are subject to the prior issuance of an Encroachment Permit.
(B) Front Yard: When parked in the front yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle may be parked on the driveway to the existing garage or on an attached extension.
(2) The motor vehicle may be parked on an attached extension of the existing driveway apron, subject to the following standards:
(a) The extension shall be paved with concrete or other material similar to the existing paved driveway.
(b) The extension shall only be located within the area between the existing driveway and the nearest interior property line.

B10
3 (c) The extension may extend inward to the center of the front yard no more than three feet.
(d) Detached driveways or parking pads are prohibited.
(e) A maximum of 50% of the front yard may be paved for parking purposes. (3) The motor vehicle, including recreational vehicles and motor vehicles stored on trailers, shall be operational and registered with the Department of Motor Vehicles as required by Section 5-1.202(D),
(a) Vehicle under repair may be permitted as regulated by Section 9-5.902. (4) Utility trailers may not be stored containing garbage, debris or other waste. (5) The motor vehicle shall not be parked in such a manner as to overhang a public or private sidewalk.
(6) The motor vehicle, including any associated cover, shall be maintained in good repair with all exterior finishes in operable, watertight condition. (7) A maximum of one recreational vehicle may be stored in a single front yard. (8) The motor vehicle shall not be parked in such a manner as to present a site obstruction as described by Section 9-5.1101.
(C
) Rear Yard: When parked in the rear yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle shall be stored behind a 6’ solid fence or gate. (2) The motor vehicle shall be parked on a surface paved with concrete or similar material, or on pervious gravel.
(3) Access to the rear yard must be from either the interior side yard adjacent to the existing driveway or, on corner lots, from a separate driveway from the adjoining frontage. Access may not be across the front yard. New driveways or access points are subject to approval of the City Engineer.

S
ection 9-5.203, Definitions, is hereby amended to include the following definitions:

RE
CREATIONAL VEHICLE . A personal vehicle, including but not limited to, a camping trailer, motorhome, tent trailer, fifth- wheel trailer, unmounted cam per shell, boat, personal watercraft, utility trailer, or other mobile recreational equipment or watercraft, or any empty trailer intended for or capable of carrying any of the above.

M
OTOR VEHICLE. Any automobile, truck, trailer, Recreational Vehicle, or other vehicle or equipment that is required to be registered with the California Department of Motor Vehicles.

S
ECTION 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, B11
4 shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.

S
ECTION 6. CE QA.
(3) “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” S
ECTION 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. *
* * * * * *
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:

A
YES:

NOES:

ABSENT:

ABSTAIN:

Lamar Thorpe, Mayor of the City of Antioch
A
TTEST:

Elizabeth Householder
City Clerk of the City of Antioch
B12

Antioch City Council Report
July 26, 2022 Agenda Item # 6
Page | 2

DISCUSSION
Requested Approvals
The applicant, Embree Asset Group, is seeking approval of the following entitlements for the project at 5200 Lone Tree Way (APN) 056-270-059:

1. IS/MND: The City Council must adopt the IS/MND and MMRP prior to acting on the other resolutions for the project.

2. General Plan Amend ment: The project requires approval of a General Plan Amendment to amend the land use designation for the project site from Commercial Office to Convenience Commercial.

3. Rezone to Planned Development District: The applicant requests approval of a rezone of the site from Planned Development District (PD) to Planned Development District (PD-21-01).

4. Final Development Plan : Approval of a Final Development Plan goes hand in hand with the rezoning described above. The Final Development Plan and the PD District effectively become the Zoning Code for the project area. In this case, the Final Development Plan would allow for the construction of a gas station, car wash and convenience store at the site.

5. Use Permit: A use permit is required to implement a Final Development Plan.

6. Design Review : Design review of the project’s architecture, site plan and landscaping.

Antioch City Council Report
July 26, 2022 Agenda Item # 6
Page | 3
Image 1. Site Location
Image 2. Street View
Environmental Review
In accordance with the requirements of the California Environmental Quality Act (CEQA), an IS/MND was prepared for the project. The IS/MND identified potentially significant impacts to air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and tribal cultural resources.

The IS/MND concluded that all impacts would be reduced to a less than significant level

Antioch City Council Report
July 26, 2022 Agenda Item # 6
Page | 4
with the implementation of mitigation measures. A Mitigation Moni toring and Reporting Program (MMRP) was prepared and is included in Attachment A, Exhibit A The draft IS/MND was released for public review from February 15, 2022, to March 17, 2022. No comments on the IS/MND were received during the public review period.

A copy of the IS/MND, MMRP, and appendices can be found at the following link:
https://www.antiochca.gov/community-development-department/planning- division/environmental-documents/
Background
In 2020, the applicant submitted a Preliminary Development application to gauge support for the project. At the time staff identified concerns related to:
• Noise. Noise related to the proposed 24-hour operation of the convenience store and car wash given the proximity to residential homes
• Adjacent Impacts. Environmental impacts due to the proximity of the use to residential homes
• Site Access. Site access from Lone Tree Way
On August 11, 2020, the preliminary development plan was presented to the City Council.

At that time, the majority of the City Council at the time supported the concerns identified by staff and expressed a desire to see the site developed provided that the concerns could be addressed. The concerns were addressed in the following ways:
• Operating Hours. Staff recommended to the Planning Commission conditions of approval limiting the operating hours of the convenience store to 4:00 AM – 10:00 PM and the car wash to 7:00 AM – 9:00 PM with the fuel dispensers being allowed to operate for 24 hours.
• CEQA. An IS/MND was prepared for the project where it was determined that all potentially significant environmental impacts could be reduced to a less than significant level with the incorporation of mitigation measures. • Deceleration Lane. The applicant worked with Public Works staff to design a deceleration lane along Lone Tree Way that would improve site access for vehicles and la rge fueling trucks entering the site. The deceleration lane would be constructed by the applicant as part of the project.

On May 4, 2022 the project went before the Planning Commission for review. The Planning Commission voted 4-2 to recommend the City Council approve the project with the following modifications to the draft conditions of approval:
• Work will only occur in the public right of way during non-commute hours (9:00 AM – 3:00 PM)
Antioch City Council Report
July 26, 2022 Agenda Item # 6
Page | 5
• Hours of operation: Convenience Store and Gas Pumps – 4:00 AM to 10:00 PM and Carwash – 7:00 AM to 9:00 PM
• The applicant shall provide a bicycle repair stand and air pump for public use. • The applicant shall provide a drive-by security guard during off hours.

The draft conditions of approval have been updated to reflect these changes. The meeting minutes for the May 4, 2022 Planning Commission meeting have been included as Attachment G to the staff report.

ANALYSIS
Project Overview
The proposed project involves the construction and operation of a new United Pacific convenience store of 3,500 square feet (sf), attached car wash of 1,125 sf, a fuel canopy with eight fuel dispensers, three underground storage tanks (USTs), and related site improvements and landscaping. The applicant is proposing the convenience store be open 24 hours and sell beer, wine and tobacco. Alcohol would only be allowed to be sold from the hours of 6:00 AM – 2:00 AM. The convenience store will have up to 12 employees working in shifts of 2-3 at a time. The car wash is also proposed to operate 24 hours and will use a water reclamation system to ensure the most up to date recycling and waste management techniques are used.

The project site is approximately 2 acres and with existing buildings on-site which would be demolished as part of the construction. Approximately 1/3 of the site to the west will remain undeveloped at this time. Additionally, the proposed project would include the widening of Lone Tree Way to accommodate a 270 -foot deceleration lane taper along eastbound Lone Tree Way to the proposed 30-foot driveway.

General Plan, Zoning, and Land Use
The current General Plan designation of the site is Office which allows a range of uses that include business and professional offices, restaurants, health clubs and spas, banks, commercial daycare centers, and assembly uses. The proposed use of a gas station/convenience store/carwash is not allowed under the current General Plan designation; therefore, a General Plan amendment is required.

The appropriate General Plan designation to establish this use at the site is Convenience Commercial. This designation is described in the General Plan as follows:
“This designation is used to include small sale retail an d service uses on small commercial lots, generally ranging up to one to four acres in size. Typical uses may include convenience markets, limited personal services, service stations, and commercial services. This designation is often located on arterial or collector roadway intersections in otherwise residential neighborhoods and, thus, requires Antioch City Council Report
July 26, 2022 Agenda Item # 6
Page | 6
that adequate surface parking circulation be included to ensure against any potential circulation difficulties affecting adjacent residences. Design features need to be included in these centers to ensure that convenience commercial developments are visually compatible with and complementary to adjacent and nearby residential and other less intensive uses.”
The zoning designation for the site is Planned Development (PD) but no Planned Development district has ever been established for the site. This development application would rezone the property to a new Planned Development district, which is a zone that encourages flexibility in design and the develop ment of land. The new Planned Development zoning district would establish project specific standards for the proposed development. The standards are provided in the draft ordinance in Attachment C, Exhibit A.

The surrounding land uses and zoning designations are noted below:

South: Single Family Homes / Planned Development (PD)
West: Single Family Homes / Planned Development (PD)
East: Multi-Family Apartments / Planned Development (PD) North: Business Park / Planned Development (PD)
Site Plan, Circulation and Parking
The proposed project will include eight (8) fuel dispensers with a total of sixteen (16) pumps covered with a new canopy and a new 3,500 sq. ft. convenience store and 1,125 sq. ft. carwash. The site will be accessed via one drivew ay on Lone Tree Way and one on Vista Grande Drive. Both driveways will have right-in and right-out access only. The proposed route for the fueling trucks has them both entering and exiting via the Lone Tree Way Driveway. The project will also include the widening of Lone Tree Way to accommodate a 270-foot deceleration lane taper along eastbound Lone Tree Way to the proposed 30-foot driveway.

The Antioch Municipal Code requires automotive service stations with convenience stores to provide one parking space per 250 square feet of gross floor area plus one space per employee on the largest shift. The site will contain thirteen (13) standard parking spaces, two (2) accessible spaces, two (2) electric vehicle charging stations, one vacuum parking space and sixteen fueling positions for a total of thirty-four (34) off-street parking spaces.

Pursuant to Table 9-5.7301.1 of the Municipal Code, sixteen (16) off-street parking space are required.

Section 9-5.1715 of the Antioch Municipal Code requires outdoor park ing areas to have minimum illumination at ground level of two foot -candles while not exceeding one -half foot candle in a residential district. The applicant has submitted a photometric plan demonstrating that this requirement has been met, with the excepti on of a small area at the northwest corner of the project site where there is a greater than half -foot candle Antioch City Council Report
July 26, 2022 Agenda Item # 6
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spillover onto the adjacent residential property. Staff has added a condition of approval requiring a revised photometric plan demonstrating this requirement is met.

The applicant has designed the project to locate the proposed uses as far away from the residential homes as possible while still meeting the required setbacks for the site. The entrance to the convenience store is located approximately 115 feet from the property line of the residential homes to the sou th and the nearest fuel dispenser is located approximately 105 feet from the residential property line to the east. The project site is approximately two acres and approximately one -third of the western portion site will remain vacant after the site is dev eloped. The vacant portion of the site will be fenced, and the property owner will be responsible for the maintenance of the vacant portion of the site.

Architecture, Design and Landscaping
The architecture of the proposed building features clean lines and varied parapet heights, with materials including stucco, stone, metal canopy and a mission tile roof. The proposed fuel canopy features stone around the base of the columns and a mission tile roof to tie into the design of the main building.

The landscaping is located primarily around the perimeter of the site. The landscape plan includes a variety of drought tolerant trees, shrubs, and ground cover that meet the City of Antioch standards.

Section 7.4.1b of the Citywide Design Guidelines for monume nt signage requires “additional architectural elements such as columns, pilasters, cornices, trellises and similar details shall provide design interest and frame the sign panel.” The proposed monument sign has a stone base but does not contain any other a rchitectural features.

While the stone base is architecturally compatible with the building design, staff has conditioned the project to add additional features to better frame the sign panel. The revised sign design is required to be included with the b uilding permit submittal and be subject to the approval of the Zoning Administrator.

Operational Issues
The applicant is proposing that the convenience store and car wash operate 24 hours a day. Due to the proximity of the business to residential homes, and the potential impacts a 24-hour operation could have on the nearby residences, the Planning Commission is recommending that the convenience store and gas pump hours be from 4:00 AM – 10:00 PM and the car wash hours be from 7:00 AM – 9:00 PM.

The applicant is also proposing to sell beer, wine and tobacco at the site. The alcohol would be sold under an ABC Type -20 license that allows for the sale of beer and wine only for off -site consumption. Liquor sales are prohibited. Staff has included conditions limiting the amount of sales area dedicated to the sale of alcoholic beverages to no more Antioch City Council Report
July 26, 2022 Agenda Item # 6
Page | 8
than 15 linear feet of cooler display and no more than 60 square feet of convenience store floor area.

The tobacco sales at the site will be subject to the Tobacco Ordinance contained in Section 6-8.14. This Ordinance was recently adopted by the City Council on March 8, 2022 and restricts the sale of tobacco or tobacco product with characterizing flavor, electronic cigarette or e-cigarette use with tobacco products, any package of fewer than twenty little cigars, any package of fewer than six cigars, and any package of cigarettes, little cigars, or cigars at a price that is less than ten dollars per package, including applicable fees and taxes.

ATTACHMENTS
A. Resolution adopting the IS/MND and MMRP
Exhibit A: MMRP
B. Resolution approving the General Plan Amendment
C. Ordinance approving the Planned Development Plan
D. Resolution approving the Final Development Plan, Use Permit and Design Review with Exhibit A: Conditions of Approval
E. Project Plans
F. Correspondence Received
G. May 4, 2022 Planning Commission Meeting Minutes
H. CCFD Comment Letter

ATTACHMENT A
Page | 1
RES
OLUTION NO. 2022-**
RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADOPTING THE

INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE UNITED PACIFIC GAS

STATION PROJECT AS ADEQUATE FOR ADDRESSING THE ENVIRONMENTAL

IMPACTS OF THE PROPOSED PROJECT
WHE
REAS, the City of Antioch received an application from Embree Asset Group for approval of an Initial Study / Mitigated Negative Declaration (IS/MND), General Plan Amendment, Planned Development Rezone, Final Development Plan, Use Permit, and Design Review for the development of a gas station, convenience store, car wash and associated site improvements at 5200 Lone Tree Way (GP-21-01, PD-21-01, UP-21-02, AR-21-03) (APNs 056-270-059);
WHE
REAS, 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 15063 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”);
WHE
REAS, an IS/MND was circulated for a 30-day review period, with the public review period commencing on February 15, 2022 and ending on March 17, 2022.; WHE
REAS, on May 4, 2022, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary and documentary and recommended adoption to the City Council of the Final IS/MND and Mitigation Monitoring and Reporting Program (MMRP);
WHE
REAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on July 15, 2022 for the City Council hearing held on July 26, 2022; WHE
REAS, the City Council has reviewed the IS/MND and MMRP for this project; WHE
REAS, the City Council considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request; and
WHE
REAS, the custodian of the Final IS/MND and M itigation Monitoring and Reporting Program ( MMRP) is the Community Development Department and the Final IS/MND was available for public review on the City’s website at:https://www.antiochca.gov/community-dev
elopment-department/planning-
divsion/environmetnal-documents/ and at the second floor of City Hall Monday through Friday 8:00-5:00 pm. Due to the State and Contra Costa County’s Shelter-in-Place orders, publicly accessible locations to review the IS/MND were closed. Consistent with the A1
Page | 2
Gov
ernor’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 f
oregoing 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 General Plan Amendment and Rezone;
c. The Final IS/MND and MMRP reflect the City's independent judgment and analysis.

3. The City Council hereby approved and adopts the Final IS/MND, and MMRP for the Project (Exhibit A).
* * * * * * * *
I HE
REBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of Antioch at a regular meeting thereof held on the 26th day of July 2022.

AYES:

N
OES:

ABSTAIN:

ABSENT:
______
__________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
A2
Page | 1
EX

HIBIT A

MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP)
(Separate Page)
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5200 Lone Tree Way United
Pacific Gas Station Project
Mitigation Monitoring and
Reporting Program
March 22, 2022
Lead Agency:

City of Antioch
Planning Division
200 H Street
Antioch, CA 94509
Technical Assistance:

Stantec Consulting Services Inc.
1340 Treat Boulevard, Suite 300
Walnut Creek, CA 94597
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Mitigation, Monitoring, and Reporting Program
i

ACRONYMS AND ABBREVIATIONS
applicant United Pacific
BAAQMD Bay Area Air Quality Management District
BMPs Best Management Practices
CARB California Air Resources Board
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
City City of Antioch
CRHR California Register of Historical Resources
DPM Diesel particulate matter
DPR Department of Parks and Recreation
HMBP Hazardous Materials Business Plan
ISMND Initial Study Mitigated Negative Declaration
MLD Most Likely Descendant
MMRP Mitigation, Monitoring, and Reporting Program
NAHC Native American Heritage Commission
PM2.5 particulate matter less than 2.5 micrometers in aerodynamic diameter
PRC Public Resources Code
proposed project 5200 Lone Tree Way United Pacific Gas Station Project SWPPP Stormwater Pollution Prevention Program
US EPA United States Environmental Protection Agency
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1.0 MITIGATION MONITORING AND REPORTING PROGRAM
The purpose of the Mitigation, Monitoring, and Reporting Program (MMRP) is to provide the City of Antioch (City) Community Development Department and United Pacific (applicant) with a comprehensive list of the mitigation measures identified in the Initial Study Mitigated Negative Declaration (ISMND) for the 5200 Lone Tree Way United Pacific Gas Station Project (proposed project).

1.1 INTRODUCTION
The City is acting as the Lead Agency, as defined by the California Environmental Quality Act (CEQA). In accordance with Public Resources Code (PRC) section 21081.6, a Lead Agency that approves or carries out a project with potentially significant environmental effects shall adopt a “reporting or monitoring program for the changes to the project which it has adopted or made a condition of a project approval to mitigate or avoid significant effects on the environment.”
The CEQA Guidelines provide direction for clarifying and managing the complex relationships between a Lead Agency and other agencies with respect to implementing and monitoring mitigation measures. In accordance with CEQA Guidelines section 15097(d), “each agency has the discretion to choose its own approach to monitoring or reporting; and each agency has its own special expertise.” This discretion will be exercised by implementing agencies at the time they consider any of the activities identified in the environmental document.

This MMRP is a working guide to facilitate both the implementation of the mitigation measures and the monitoring, compliance, and reporting activities by the City and any monitors it may designate. If the City adopts the ISMND for the proposed project, it will adopt the MMRP.

1.2 OVERVIEW OF THE MITIGATION MONITORING AND REPORTING

PROGRAM
The MMRP is presented in the following table and includes the following components:
• The list of mitigation measures contained in the ISMND, as adopted by the City; • The party responsible for implementing the mitigation measure; • The timing for implementation of the mitigation measure; • The agency responsible for monitoring implementation of the mitigation measure; and
• The monitoring action and frequency.

The City and its contractors will be required to comply with this MMRP in all respects. In any instance where non-compliance occurs, the City-designated environmental monitors will issue a warning to the construction supervisor and the City’s Project A7
5200 Lone Tree Way United Pacific Gas Station Project
Mitigation, Monitoring, and Reporting Program
1-2
Manager. Any decisions to halt work due to non-compliance will be made by the City.

The City’s designated environmental monitors will keep records of any incidents on non- compliance with mitigation measures. Copies of these documents will be supplied to the City.

Once construction has begun and is underway, the City will carry out monitoring of the mitigation measures associated with construction. The MMRP will be maintained in the City’s files for use in construction and operation of the proposed project.

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Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
Section 3.3: Air Quality
MM AIR-1: Implement Construction Best
Management Practices. The applicant shall require all
construction contractors to implement the basic
construction mitigation measures recommended by the
Bay Area Air Quality Management District (BAAQMD) to
reduce fugitive dust emissions. Emission reduction
measures will include, at a minimum, the following
measures. Additional measures may be identified by the
BAAQMD or contractor as appropriate:
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) will be watered two times per day
• All haul trucks transporting soil, sand, or other loose material off-site will be covered
• All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum
street sweepers at least once per day. The use of
dry power sweeping is prohibited
• All vehicle speeds on unpaved roads shall be limited
to 15 miles per hour
• All roadways, driveways, and sidewalks to be paved
will be completed as soon as possible. Building
pads will be laid as soon as possible after grading
unless seeding or soil binders are used
• Idling times shall be minimized either by shutting
equipment off when not in use or by reducing the
maximum idling time to 5 minutes (as required by
the California Airborne Toxics Control Measure Title
13, Section 2485 of California Code of Regulations
[CCR]); clear signage shall be provided for
construction workers at all access points
• All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications
• All equipment shall be checked by a certified visible emissions evaluator or checked by a certified
mechanic and determined to be running in proper
condition prior to operation
• Applicant
• Construction
Contractor
Prior to issuance of
grading permit and
during construction.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm best management
practices (BMPs) are included in
project specifications and grading
plan.
• Confirm BMPs are implemented
throughout the construction phase.

Prior to issuance of
grading permit and
throughout the
construction phase as
needed.

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Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
• Post a publicly visible sign with the telephone
number and person to contact at the City regarding
dust complaints. This person will respond and take
corrective action within 48 hours. The Bay Area Air
Quality Management District’s phone number will
also be visible to ensure compliance with applicable
regulations.

MM AIR-2: Implement Cleaner Construction
Equipment. The following mitigation measure shall be
implemented during all phases of construction to reduce potential exposure of diesel particulate matter (DPM)
and particulate matter less than 2.5 micrometers in
aerodynamic diameter (PM2.5) emissions to sensitive
receptors located near the Project site. Prior to the
issuance of any demolition, grading and/or building
permits (whichever occurs earliest), the project
applicant shall prepare and submit a construction -
operations plan that includes specifications of the
equipment to be used during construction to the
Community Development Director or the Director’s
designee. The plan shall be accompanied by a letter
signed by an air quality specialist, verifying that the equipment included in the plan meets the standards set
forth below:
• For all construction equipment larger than 25
horsepower used at the site, equipment shall at a
minimum, meet United States Environmental
Protection Agency (US EPA) or California Air
Resources Board (CARB) particulate matter
emissions standards for Tier 4 Final engines.
• The construction contractor shall maintain records
documenting its efforts to comply with this
requirement, including equipment lists. Off-road
equipment descriptions and information shall
include, but are not limited to, equipment type,
equipment manufacturer, equipment identification
number, engine model year, engine certification
(Tier rating), horsepower, and engine serial number.

The plan shall be submitted to the Community
Development Director or the Director’s designee for
review and approval prior to the issuance of any
demolition, grading and/or building permits
(whichever occurs earliest).
• Applicant
• Construction
Contractor
• Air Quality
Specialist
Prior to issuance of
demolition, grading
and/or building permit
(whichever occurs
earliest) and during
construction.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm construction – operations
plan that includes specifications of
construction equipment and
accompanying letter signed by an
air quality specialist is submitted to
the City
• Confirm construction – operations
plan is implemented throughout the
construction phase.

Prior to issuance of
demolition, grading,
and/or building permit
(whichever occurs
earliest) and throughout
the construction phase
as needed.

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Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
Section 3.4: Biological Resources
MM BIO-1: Avoid Disturbance of Nesting Birds and
Pre-Construction Nesting Bird Surveys. If project
activities occur during the nesting season for native
birds (February 15 to August 31), the following
measures shall be implemented to avoid or minimize
the potential for adverse impacts on nesting migratory
birds and raptors:
• Pre-construction nesting bird survey for species
protected by the Migratory Bird Treaty Act and
California Fish and Game Code shall be conducted
by a qualified biologist within a 100-foot radius of
proposed construction activities for passerines and
a 300-foot radius for raptors no more than 14 days
prior to the start of construction activities.
• If active nests are found, a qualified biologist shall determine the size of the buffers based on the
nesting species and its sensitivity to disturbance.

The size of the buffers may be reduced at the
discretion of a qualified biologist, but no construction activities shall be permitted within the buffer if they are demonstrated to be likely to disturb nesting
birds. Active nest sites shall be monitored
periodically to determine time of fledging.
• Applicant
• Construction
Contractor
• Qualified Biologist
No more than 14 days
prior to the start of
project construction
activities.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm nesting bird surveys are
conducted within 14 days of
starting construction work.
• Confirm pre-construction clearance
by qualified biologist.
• If active nests of protected species
are found, confirm buffer zone has
been established.

Prior to issuance of
grading permit and
throughout the
construction phase as
needed.

MM BIO-2: Pre-Construction Swainson’s Hawk
Surveys. If project construction-related activities would take place during the nesting season (February through
August), pre-construction surveys for nesting
Swainson’s hawks within 0.5-mile radius of the project
shall be conducted within 14 days prior to construction activity. Surveys shall be conducted in a manner that
maximizes the potential to observe the adult Swainson’s hawks, as well as the nest/chicks second. To meet the
California Department of Fish and Game’s
recommendations for mitigation and protection of
Swainson’s hawks, surveys shall be conducted for a

0.5-mile radius around all project activities, and if active nesting is identified within the 0.5-mile radius,
consultation is required. Methodology for surveys can
be found in the Recommended Timing and
Methodology for Swainson's Hawk Nesting Surveys in
California's Central Valley – Swainson’s Hawk
Technical Advisory Committee (2000).
• Applicant
• Construction
Contractor
• Qualified Biologist
No more than 14 days
prior to the start of
project construction
activities.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm surveys are conducted
within 14 days of starting
construction work.
• Confirm pre-construction clearance
by qualified biologist.
• If active nests are found, confirm
consultation has been conducted.

Prior to issuance of
grading permit and
throughout the
construction phase as
needed.

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Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
MM BIO-3: Pre-Construction Burrowing Owl
Surveys. A burrowing owl pre-construction survey shall
take place before any construction activities commence.

They shall be conducted whenever burrowing owl
habitat or sign is encountered on or adjacent to (within 150 meters) of a project site. If a burrowing owl or sign is present on the Property, three additional protocol
level surveys shall be initiated.

Once these surveys have been completed to identify
the owl’s location, disturbance buffers shall be placed around each active burrow. No disturbance shall occur
within 200 meters (approximately 655 feet) of occupied
burrows during the breeding season (February 1
through August 31) and/or within 50 meters
(approximately 165 feet) of occupied burrows during
non-breeding season (September 1 through January
31). Preconstruction surveys shall be completed no
more than 14 days prior to initiating ground disturbing activities. Surveys and mitigation shall be conducted
and implemented in accordance with protocols
established in the California Department of Fish and
Wildlife’s (CDFW) Staff Report on Burrowing Owl
Mitigation (2012).
• Applicant
• Construction
Contractor
• Qualified Biologist
No more than 14 days
prior to the start of
project construction
activities.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm pre-construction survey
has been conducted no more than
14 days prior to start of
construction activities.
• If active burrows are found, confirm
buffer zone has been established.

Prior to issuance of
grading permit and
throughout the
construction phase as
needed.

Section 3.5: Cultural Resources
MM CUL-1: Cultural Materials Discovered During
Construction. If any cultural resource is encountered
during ground disturbance or subsurface construction
activities (e.g., trenching, grading), all construction activities within a 50-foot radius of the identified
potential resource shall cease until a qualified
archaeologist who meets the Secretary of the Interior’s Standards and Guidelines for Professional
Qualifications in archaeology and/or history evaluates
the resource for its potential significance and
determines whether the resource requires further study.

If the qualified archaeologist determines that the cultural resource does not appear to be eligible for inclusion on the California Register of Historical Resources (CRHR), it will be appropriately documented on Department of
Parks and Recreation (DPR) 523 series forms and
project activity may resume. If the qualified
archaeologist determines that the cultural resource
appears eligible for inclusion on the CRHR, the
archaeologist shall make recommendations to the City
of Antioch on the measures to be implemented to
• Construction
Contractor
• Qualified
Archaeologist
During the
construction phase.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm a qualified archaeologist is
under contract prior to the start of
any ground disturbing activities.
• If cultural resources are discovered
during construction, confirm
activities are halted until
appropriate treatment measures
are implemented.

Prior to issuance of
grading permit and
throughout the
construction phase as
needed.

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Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
protect the discovered resources. The measures may
include avoidance, preservation in place, data recovery excavation, or other appropriate measures outlined in
PRC Section 21083.2. Any previously undiscovered
resources found during construction within the project
area should be recorded on appropriate DPR forms and
evaluated for significance in terms of CEQA criteria.

The applicant shall be responsible for the costs of
retaining a qualified archaeologist and the recording of resources on DPR forms.

No further grading shall occur within a 50-foot radius of the discovery until the City of Antioch approves the
measures to protect these resources. Any
archaeological artifacts recovered because of mitigation shall be donated to a qualified scientific institution
approved by the City where they would be afforded
long-term preservation to allow future scientific study.

MM CUL‐2: Human Burials Encountered During
Construction. If ground-disturbing activities uncover
previously unknown human remains, Section 7050.5 of
the California Health and Safety Code applies, and the
following procedures shall be followed:

There shall be no further excavation or disturbance of
the area where the human remains were found or within
50 feet of the find until the Contra Costa County
Coroner and the appropriate City representative are
contacted. Duly authorized representatives of the
Coroner and the City shall be permitted onto the project area and shall take all actions consistent with Health
and Safety Code Section 7050.5 and Government Code
Sections 5097.98, et seq. Excavation or disturbance of
the area where the human remains were found or within
50 feet of the find shall not be permitted to re-
commence until the Coroner determines that the
remains are not subject to the provisions of law
concerning investigation of the circumstances, manner,
and cause of any death. If the Coroner determines that
the remains are Native American, the Coroner shall
contact the Native American Heritage Commission
(NAHC) within 24 hours, and the NAHC shall identify
the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American.

The MLD may make recommendations to the
landowner or the person responsible for the excavation
work, for means of treating or disposing of, with
• Construction
Contractor
• Qualified
Archaeologist
During the
construction phase.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm a qualified archaeologist is
under contract prior to the start of
any ground disturbing activities.
• Confirm a qualified archaeologist is
onsite monitoring during ground
disturbing activities.
• If human remains are discovered
during construction, confirm
activities are halted until
appropriate treatment measures
are implemented.

Prior to issuance of
grading permit and
throughout the
construction phase as
needed.

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Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
appropriate dignity, the human remains and any
associated grave goods as provided in PRC Section
5097.98. If the MLD does not make recommendations
within 48 hours, the landowner shall reinter the remains in an area of the property secure from further
disturbance. If the landowner does not accept the
MLD’s recommendations, the owner or the MLD may
request mediation by NAHC.

Section 3.7: Geology and Soils
MM GEO-1: Implement Geotechnical Design
Recommendations. Prior to issuance of grading
permits, the applicant shall incorporate all design
specifications and recommendations contained within
the site specific geotechnical analysis report into
relevant project plans and specifications. These
specifications pertain to but are not limited to expansive soils, building foundations, foundation drainage, and
backfill of excavations. The project site plans shall be submitted to the City and reviewed as part of the
building permit review process.
• Applicant Prior to issuance of
grading permit.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm all design specifications
and recommendations contained
in the geotechnical investigation
report has been incorporated into
project plans and submitted to the
City.

Once during building
permit review process.

MM GEO-2: Implement Potential Liquefaction
Hazard Recommendations. Prior to the issue of
building permits, the project applicant shall submit to the City of Antioch Building Division, for review and
approval, a design-level geotechnical engineering report produced by a California Registered Civil Engineer or
Geotechnical Engineer. The design-level report shall
include measures to address construction requirements
to mitigate, at a minimum, slope stability, liquefiable soils, and ground shaking. Recommendations of
adequate and appropriate measures will be
implemented, including, but not limited to designing
foundations in a manner that limits the effects of
liquefaction; the placement of an engineered fill with low liquefaction potential; and the alternative siting of
structures in areas with a lower liquefaction risk.
• Applicant Prior to issuance of
grading permit.

Monitoring Party:
• City of Antioch Community
Development Department
• City of Antioch Building
Department
Monitoring Action:
• Confirm design-level engineering
report produced by a California
Registered Civil Engineer or
Geotechnical Engineer has been
submitted to the City of Antioch
Building Department.
• Confirm design-level report
recommendations have been
incorporated into project plans.

Once during building
permit review process.

MM GEO-3: Procedures for Paleontological
Resources Discovered During Construction. If any
paleontological resources are encountered during
ground-disturbing or subsurface construction activities (e.g., trenching, grading), all construction activities within a 50-foot radius of the identified resource shall cease and the City shall immediately be notified. The
applicant shall retain a qualified paleontologist (as
• Construction
Contractor
• Qualified
Paleontologist
During the
construction phase.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm selection of qualified
paleontologist.

Prior to issuance of
grading permit and
throughout the
construction phase as
needed.

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Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
approved by the City) to evaluate the find and
recommend appropriate treatment of the inadvertently
discovered paleontological resource. The appropriate
treatment of an inadvertently discovered paleontological resource shall be implemented to ensure that impacts to the resource are avoided.
• If paleontological resources are
encountered during construction,
confirm construction activities are
halted until appropriate treatment
measures are implemented.

Refer to Mitigation Measure HYD-1: Prepare and Implement a SWPPP in Section 3.10, Hydrology and Water Quality.

Section 3.9: Hazards and Hazardous Materials
MM HAZ-1: Prepare and Implement a Hazardous
Materials Business Plan. The applicant shall prepare
a Hazardous Materials Business Plan (HMBP) in
accordance with CFR Title 40. The HMBP shall include
inventory of any individual hazardous material or
mixture in excess of any of the following quantities: 55 gallons (liquid); 500 pounds (solid); or 200 cubic feet (gases). The HMBP would include measures for safe
storage, transportation, use, and handling of hazardous materials. The HMBP shall also include a contingency
plan that described the facility’s response procedures in the event of a hazardous materials release. The HMBP
shall be submitted to Contra Costa Health Services
prior to start of operation.
• Applicant Prior to start of
operation.

Monitoring Party:
• City of Antioch Community
Development Department
• Contra Costa Health Services
Monitoring Action:
• Confirm HMBP has been
submitted to Contra Costa Health
Services prior to start of operation.
• Confirm HMBP is implemented
during operation of the proposed
project.

Prior to the start of
operation and
throughout operation
phase as needed.

MM HAZ-2: Removal of Asbestos and Lead-Based
Paint. Prior to demolition of any onsite structures, the applicant shall retain a certified hazardous waste
contractor to identify the presence of asbestos
containing building materials and lead-based paint in
existing structures. If such substances are found to be present, the contractor shall properly remove and
dispose of them in accordance with federal and State
law. All removal activities shall be completed prior to commencement of demolition activities. Following
completion of removal activities, the applicant shall
submit documentation to the City of Antioch verifying
that all hazardous materials have been properly
removed and disposed.
• Applicant
• Construction
Contractor
• Certified
Hazardous Waste
Contractor
Prior to start of
demolition activities.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm asbestos and lead based
paint surveys have been
conducted prior to demolition
activities.
• If asbestos and lead based paint
are determined to be present,
ensure documentation verifying
proper removal and disposal has
been submitted to the City.

Prior to the start of
demolition activities.

Refer to Mitigation Measures HYD-1: Prepare and Implement a SWPPP in Section 3.10, Hydrology and Water Quality.

Section 3.10: Hydrology and Water Quality
MM HYD-1: Prepare and Implement a SWPPP. Prior
to the issuance of any construction-related permits, the applicant shall prepare and submit a Notice of Intent to the State Water Resources Control Board and prepare
a Stormwater Pollution Prevention Plan (SWPPP) in
• Applicant
• Construction
Contractor
Prior to issuance of
grading permits and
during construction.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:

Once at the time of
contractor specifications
review and throughout
the construction phase
as needed.

A15
5200 Lone Tree Way United Pacific Gas Station Project
Mitigation, Monitoring, and Reporting Program
1-10

Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
compliance with the National Pollutant Discharge
Elimination System General Construction Permit. The
SWPPP shall include a detailed, site-specific listing of the potential sources of stormwater pollution; pollution prevention measures (erosion and sediment control
measures and measures to control non-stormwater
discharges and hazardous spills); description of the
type and location of erosion and sediment control BMPs
to be implemented at the project site; and a BMP
monitoring and maintenance schedule to determine the
amount of pollutants leaving the project site. A copy of the SWPPP must be current and remain onsite. Water
quality BMPs identified in the SWPPP could include but
are not limited to the following:
• Surface water runoff shall be controlled by directing flowing water away from critical areas and by
reducing runoff velocity. Diversion structures, such
as terraces, dikes, and ditches, shall collect and
direct runoff water around vulnerable areas to
prepared drainage outlets.
• Surface roughening, berms, check dams, hay bales,
or similar devices shall be used to reduce runoff
velocity and erosion.
• Sediment shall be contained when conditions are
too extreme for treatment by surface protection.

Temporary sediment traps, filter fabric fences, inlet
protectors, vegetative filters and buffers, or settling basins shall be used to detain runoff water long
enough for sediment particles to settle out.

Construction materials, including topsoil and
chemicals, shall be stored, covered, and isolated to
prevent runoff losses and contamination of
groundwater.
• Topsoil removed during construction shall be
carefully stored and treated as an important
resource. Berms shall be placed around topsoil
stockpiles to prevent runoff during storm events.
• Fuel and vehicle maintenance areas shall be
established away from all drainage courses, and
these areas shall be designed to control runoff.
• Temporary erosion control measures, such as silt
fences, staked straw bales, and temporary
revegetation, shall be employed for disturbed areas.
• Confirm requirements of the
approved SWPPP are included in
project specifications and
implemented throughout the
construction phase.

A16
5200 Lone Tree Way United Pacific Gas Station Project
Mitigation, Monitoring, and Reporting Program
1-11

Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
No disturbed surfaces will be left without erosion
control measures in place during the winter and
spring months.
• A spill prevention and countermeasure plan shall be
developed to identify proper storage, collection, and
disposal measures for potential pollutants (such as
fuel, fertilizers, pesticides, etc.) used onsite. The
plan will also require the proper storage, handling,
use, and disposal of petroleum products.
• Construction activities shall be scheduled to reduce
land disturbance during peak runoff periods and to
the immediate area required for construction. Soil
conservation practices shall be completed during
the fall or late winter to reduce erosion during spring runoff. Existing vegetation will be retained where
possible. To the extent feasible, grading activities
shall be limited to the immediate area required for
construction.

Section 3.13: Noise
MM NOI-1: Project Fixed-Source Noise. The noise
from all mechanical equipment associated with the
project, including the car wash blowers, shall comply
with the requirements in Policy 11.6.2.e in the City of Antioch General Plan and the maximum noise level
limits listed in Section 9-5.1901, Paragraph A in the City of Antioch Code of Ordinances. Policy 11.6.2.e in the
City of Antioch General Plan states the following: “When new development incorporating a potentially significant noise generator is proposed, require noise analyses to
be prepared by a qualified acoustical engineer. Require the implementation of appropriate noise mitigation when the proposed project will cause new exceedances of
General Plan noise objectives, or an audible (3.0 dB(A)) increase in noise in areas where General Plan noise
objectives are already exceeded as the result of existing development.”
Section 9-5.1901, Paragraph A in the City of Antioch
Code of Ordinances states “Uses adjacent to outdoor
living areas (e.g., backyards for single-family homes
and patios for multifamily units) and parks shall not
cause an increase in background ambient noise which
will exceed 60 CNEL.”
• Applicant
• Qualified
Acoustical
Engineer
Prior to issuance of
grading permit.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm noise analysis has been
conducted by a qualified
acoustical engineer.
• Confirm equipment has been
designed to incorporate mitigation
measures as needed.

Once during design
review phase.

A17
5200 Lone Tree Way United Pacific Gas Station Project
Mitigation, Monitoring, and Reporting Program
1-12

Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
MM NOI-2: Construction Activity. All construction
activity shall follow the time and noise reduction
measure requirements listed in Policies 11.6.2.i, j, k, m, and n in the City of Antioch General Plan and Sections
5-17.04 and 5-17.05 in the City of Antioch Code of
Ordinances as follows:
i. Ensure that construction activities are regulated as to hours of operation in order to avoid or mitigate
noise impacts on adjacent noise-sensitive land
uses.
j. Require proposed development adjacent to
occupied noise sensitive land uses to implement a
construction-related noise mitigation plan. This plan
would depict the location of construction equipment
storage and maintenance area, and document
methods to be employed to minimize noise impacts
on adjacent noise sensitive land uses.
k. Require that all construction equipment utilize noise reduction features (e.g., mufflers and engine
shrouds) that are no less effective than those
originally installed by the manufacturer.
m. Prior to the issuance of any grading plans, the City shall condition approval of subdivisions and non-
residential development adjacent to any
developed/occupied noise-sensitive land uses by
requiring applicants to submit a construction-related
noise mitigation plan to the City for review and
approval. The plan should depict the location of
construction equipment and how the noise from this
equipment will be mitigated during construction of
the project through the use of such methods as:
• The construction contractor shall use temporary
noise-attenuation fences, where feasible, to
reduce construction noise impacts on adjacent
noise sensitive land uses.
• During all project site excavation and grading
on-site, the construction contractors shall equip
all construction equipment, fixed or mobile, with
properly operating and maintained mufflers,
consistent with manufacturers’ standards. The
construction contractor shall place all stationary
construction equipment so that emitted noise is
• Applicant
• Construction
Contractor
Prior to issuance of
grading permit and
during construction.

Monitoring Party:
• City of Antioch Community
Development Department
Monitoring Action:
• Confirm requirements are
implemented prior to and during
construction.

Once at the time of
contractor specifications
review and throughout
the construction phase
as needed.

A18
5200 Lone Tree Way United Pacific Gas Station Project
Mitigation, Monitoring, and Reporting Program
1-13

Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
directed away from sensitive receptors nearest
the project site.
• The construction contractor shall locate
equipment staging in areas that will create the
greatest distance between construction-related
noise sources and noise-sensitive receptors
nearest the project site during all project
construction.
• The construction contractor shall limit all
construction-related activities that would result in
high noise levels to between the hours of 7:00
a.m. and 7:00 p.m. Monday through Saturday.

No construction shall be allowed on Sundays
and public holidays.
n. The construction-related noise mitigation plan
required shall also specify that haul truck deliveries
be subject to the same hours specified for
construction equipment. Additionally, the plan shall
denote any construction traffic haul routes where
heavy trucks would exceed 100 daily trips (counting
those both to and from the construction site). To the
extent feasible, the plan shall denote haul routes
that do not pass sensitive land uses or residential
dwellings. Lastly, the construction-related noise
mitigation plan shall incorporate any other
restrictions imposed by the City.

Section 5-17.04 “Heavy Construction Equipment Noise”
and Section 5-17.05 “Construction Activity Noise” states it shall be unlawful for any person to operate heavy
construction equipment or be involved in construction
activity during the hours specified below:
1) On weekdays prior to 7:00 a.m. and after 6:00
p.m.
2) On weekdays within 300 feet of occupied
dwelling space, prior to 8:00 a.m. and after 5:00
p.m.
3) On weekends and holidays, prior to 9:00 a.m.
and after 5:00 p.m., irrespective of the distance
from the occupied dwelling.

MM NOI-3: Construction Vibration. Follow the FTA
construction mitigation measures listed in Section 7.2, Construction Vibration Assessment, in the Transit Noise • Applicant
• Construction
Contractor
Prior to issuance of
grading permit and
during construction.

Monitoring Party:
• City of Antioch Community
Development Department
Once at the time of
contractor specifications
review and throughout

A19
5200 Lone Tree Way United Pacific Gas Station Project
Mitigation, Monitoring, and Reporting Program
1-14

Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
and Vibration Impact Assessment Manual document
(FTA Report No. 0123 September 2018).

Design Considerations and Project Layout
• Route heavily loaded trucks away from
residential streets. Select streets with the fewest
homes if no alternatives are available.
• Operate earth-moving equipment on the
construction lot as far away from vibration-
sensitive sites as possible.

Sequence of Operations
• Phase demolition, earth-moving, and ground-
impacting operations so as not to occur in the
same time period. Unlike noise, the total
vibration level produced could be substantially
less when each vibration source operates
separately.
• Avoid nighttime activities. Sensitivity to vibration
increases during the nighttime hours in
residential neighborhoods.

Alternate Construction Methods
• Avoid vibratory rollers and packers near
sensitive areas.

Vibration Mitigation Plan
• Describe and commit to a mitigation plan that
will be developed and implemented during the
engineering and construction phase when the
information available during the project
development phase will not be sufficient to
define specific construction vibration mitigation
measures. The objective of the plan should be to
minimize construction vibration damage using all
reasonable and feasible means available. The
plan should include the following components:
o A procedure for establishing threshold and
limiting vibration values for potentially
affected structures, based on an assessment
of each structure’s ability to withstand the
loads and displacements due to construction
vibrations.
o A commitment to develop a vibration
monitoring plan during the engineering
phase and to implement a compliance
monitoring program during construction.

Monitoring Action:
• Confirm requirements are
implemented prior to and during
construction.
the construction phase
as needed.

A20
5200 Lone Tree Way United Pacific Gas Station Project
Mitigation, Monitoring, and Reporting Program
1-15

Mitigation Measures Implementation
Party
Timing of
Implementation
Monitoring Party and Monitoring
Action Monitoring Frequency
Verification of Implementation
Action Date completed
with Signature
Section 3.18: Tribal Cultural Resources
Refer to Mitigation Measures CUL-1: Cultural Materials Discovered During Construction and CUL-2: Human Burials Encountered During Construction in Section 3.5, Cultural Resources.

A21

ATTACHMENT B
Page | 1

CITY COUNCIL
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A GENERAL PLAN AMENDMENT AMENDING THE LAND USE

DESIGNATION FOR THE UNITED PACIFIC GAS STATION PROJECT FROM

COMMERCIAL OFFICE TO CONVENIENCE COMMERCIAL

WHEREAS, the City of Antioch received an application from Embree Asset Group for approval of an Initial Study / Mitigated Negative Declaration, General Plan Amendment, Planned Development Rezone, Final Development Plan, Use Permit, and Design Review for the development of a gas station, convenience store, car wash and associated site improvements at 5200 Lone Tree Way (GP -21-01, PD-21-01, UP-21-02, AR-21-03) (APNs 056-270-059);

WHEREAS, an Initial Study/Mitigated Negative Declarat ion ( IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared in accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15162;

WHEREAS, on May 4, 2022, the Planning Commission recommended to the City Council adoption of the IS/MND and MMRP;

WHEREAS, on July 26, 2022, the City Council adopted the Final IS/MND and MMRP;

WHEREAS, Section 65358 of the California Government Code provides for the amendment of all or part of an adopted General Plan;

WHEREAS, the primary purpose of the General Plan Amendment is to ensure consistency between the City of Antioch General Plan and the Project;

WHEREAS, the proposed project requires amendments to the General Plan Land Use Map to redesignate the site from Commercial Office to Convenience Commercial;

WHEREAS, on May 4, 2022, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary and documentary and recommended the City Council approve the General Plan Amendment;

WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on July 15, 2022 for the City Council public hearing held on July 26, 2022; and WHEREAS, the City Council considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.

B1
NOW THEREFORE, BE IT RESOLVED that the City Council does hereby make the following findings for approval of the General Plan Amendment:

1. The proposed project conforms to the provisions and standards of the General Plan because the proposed amendment is internally consistent with all other provisions of the General Plan and does not conflict with any of the previously adopted Goals, Policies and Programs of the General Plan;

2. The proposed Amendment is necessary to implement the goals and objectives of the General Plan because the project will provide additional jobs and sales taxes to the City;

3. The proposed Amendment will not be detrimental to the public interest, convenience, and general welfare of the City because the Amendment will result in a logical placement of land uses consistent with the overall intent of the General Plan;

4. The proposed project will not cause environmental damage because the United Pacific Gas Station IS/ MND determined that all potential environmental impacts would be less than significant with mitigations incorporated;

5. The Proposed General Plan Land Use Map Amendment will not require changes to or modifications of any other plans that the City Council adopted before the date of this resolution.

NOW THEREFORE BE IT FURTHER RESOLVED that the City Council hereby adopts the General Plan Land Use Map Amendment (GP-21-01) re-designating the site identified by Assessor’s Parcel Number 056-270-059 from Commercial Office to Convenience Commercial.

* * * * * * * *

I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof held on the 26 th day of July 2022, by
the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________________

ELIZABETH HOUSEHOLDER
City Clerk of the City of Antioch
B2

ATTACHMENT C
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH TO REZONE THE APPROXIMATELY 2.00 ACRE UNITED PACIFIC GAS STATION PROJECT SITE (APN 056-270-059) FROM PLANNED DEVELOPMENT DISTRICT TO PLANNED DEVELOPMENT DISTRICT (PD-21-01)

The City Council of the City of Antioch does ordain as follows:

SECTION 1:

The City Council determined on July 26, 2022, that, pursuant to Section 15074 of the Guidelines of the California Environmental Quality Act, and after full consideration of the Initial Study/Mitigated Negative Declaration ( IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) prepared for project, and on the basis of the whole record before it, the IS/MND and MMRP for the United Pacific Gas Station Project should be adopted.

SECTION 2:

At its regular meeting of May 4, 2022, the Planning Commission recommended that the City Council adopt the Ordinance to rezone the subject property from Planned Development District to Planned Development District (PD -21-01) for the United Pacific Gas Station Project.

SECTION 3:

The real property described in Exhibit A, attached hereto, is hereby rezoned from Planned Development District to Planned Development (PD-21-01) for the United Pacific Gas Station Project, and the zoning map is hereby amended accordingly.

SECTION 4:

The development standards, as defined below, for the subject property (APN 056- 270-059), known as the United Pacific Gas Station Project, are herein incorporated into this ordinance, and are binding upon said property.

C1
Page | 2

Development Standards for the United Pacific Gas Station Project Planned Development District (PD-21-01)

Development Standards for
Wild Horse Multifamily Project
PD Zoning Standards for Multifamily
Residential Project
Maximum height 35’
Maximum Lot Coverage 35%
Minimum Front Yard
Landscaping Setback
From Lone Tree Way: 30’
Minimum Street Side Yard
Landscaping Setback
From Vista Grande Drive: 20’
Minimum Interior Side Setback 20’
Minimum Rear Yard Setback 20’
Minimum Lot Size 20,000 Square Feet
Parking

As required in Section 9-5.17 of the Antioch
Municipal Code

SECTION 5

The allowed uses, as defined below, for the subject property (APN 056-270-059), known as the United Pacific Gas Station Project, are herein incorporated into this ordinance, and are binding upon said property.

Convenience Commercial Uses. Allowed uses shall be those uses as allowed in the C-1 Convenience Commercial District as established in Section 9.5.3803 of the City of Antioch Municipal Code.

SECTION 6:

The City Council finds that the proposed zone reclassification will allow uses more suitable uses for the site than the present classification; that the subject property is suitable to the use permitted in the proposed zone change; that said permitted uses are not detrimental to the public or surrounding propert ies; and that the proposed zone change is in conformance with the Antioch General Plan.

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.

C2
Page | 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 _____ of _____________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Lamar A. Thorpe
Mayor of the City of Antioch
ATTEST:
_________________________________
Elizabeth Householder
City Clerk of the City of Antioch

C3

ATTACHMENT D

CITY COUNCIL
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING OF A FINAL DEVELOPMENT PLAN, USE PERMIT, AND DESIGN

REVIEW FOR THE UNITED PACIFIC GAS STATION PROJECT

WHEREAS, the City of Antioch received an application from Embree Asset Group for approval of an Initial Study / Mitigated Negative Declaration, General Plan Amendment, Planned Development Rezone, Final Development Plan, Use Permit, and Design Review for the development of a gas station, convenience store, car wash and associated site improvements at 5200 Lone Tree Way (GP -21-01, PD-21-01, UP-21-02, AR-21-03) (APNs 056-270-059);

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 15063 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”);

WHEREAS, on May 4, 2022, the Planning Commission recommended to the City Council adoption of the IS/MND and MMRP;

WHEREAS, on May 4, 2022 the Planning Commission recommended to the City Council approval of a General Plan Land Use Map Amendment (GP -21-01) re- designating the site identified by Assessor’s Parcel Number 056 -270-059 from Commercial Office to Convenience Commercial;

WHEREAS, on May 4, 2022 the Planning Commission recommended to the City Council approval of a Rezone to Planned Development (PD-21-01);

WHEREAS, on May 4, 2022 the Planning Commission recommended to the City Council approval of a Final Development Plan, Use Permit and Design Review (PD-21- 01, UP-21-02, AR-21-03);

WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on July 15, 2022 for the City Council public hearing held on July 26, 2022;

WHEREAS, on July 26, 2022, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary and documentary; and

WHEREAS, the City Council considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.

D1
Page | 2

NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the following findings for approval of a Final Development Plan:

1. Each individual unit of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability because the project has been designed to accommodate all uses on the existing site. The uses proposed will not be detrimental to present or potential surrounding uses but instead will have a beneficial effect which could not be achieved under the current General Plan Land Use designation or zoning for the project site. The project has been designed and conditioned to not have any detrimental effects on the surrounding land uses and will provide a convenient shopping and fueling location for the nearby residents.

2. The streets and thoroughfares proposed meet the standards of the City's Growth Management Program and adequate utility service can be supplied to all phases of the development because the project will be constructing all the required streets and utilities to serve the project. The project will be required to pay for all improvements to the site as well as its fair share of impacts to all public services.

The project has been reviewed and no significant impacts on utilities or services has been identified.

3. The commercial components of the project are justified economically at the location proposed.

4. There are no residential components of the project.

5. There are no industrial components of the project.

6. Any deviation from the standard zoning requirements is warranted by the design and additional amenities incorporated in the final development plan which offer certain unusual redeeming features to compensate for any deviations that may be permitted. The proposed final development plan is substantially in conformance with the zoning requirements for Convenience Commercial developments and the Planned Development District standards established for the project site.

7. The area surrounding the P -D District can be planned and zoned in coordinati on and substantial compatibility with the proposed development because the proposed development is fronting a major thoroughfare with all surrounding uses currently zoned and development. The project has been designed and conditioned to be compatible with the surrounding uses.

8. The Project and the PD District conform to the General Plan of the City because the amendment to the General Plan to change the designation to Convenience Commercial allows the development to occur.

D2
Page | 3

BE IT FURTHER RESOLVED that the City Council does hereby make the following findings for approval of the requested Use Permit pursuant to Section 9-5.2703 “Required Findings” (B) (1) of the Antioch Municipal Code:

a. 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.

Finding: The project has been designed to comply with the City of Antioch Municipal Code requirements.

b. The use applied at the location indicated is properly one for which a use permit is authorized.

Finding: The City of Antioch Zoning Ordinance requires a use permit for all Planned Development District (PD) applications.

c. That the site for the proposed use is adequate in size and shape to accommodate such use, and all yards, fences, parking, loading, landscaping, and other features required.

Finding: The site plan complies with the Planned Development standards established for the project’s Planned Development District.

d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.

Finding: The project site is located at the intersection of Lone Tree Way and Vista Grande Drive. Both streets are adequate in width and pavement type to carry the traffic generated by the proposed use.

e. That the granting of such use permit will not adversely affect the comprehensive General Plan because the proposed use is consistent with the General Plan.

Finding: The Conditions of approval protect the public safety, health and general welfare of the users of the project and surrounding area. In addition, the conditions ensure the project is consistent with City standards.

BE IT FURTHER RESOLVED that the City Council of the City of Antioch does hereby APPROVE a Final Development Plan, Use Permit, and Design Review for the development of a gas station, convenience store, car wash and associated site improvements at 5200 Lone Tree Way (GP -21-01, PD -21-01, UP -21-02, A R-21-03) (APNs 056-270-059); subject to the following conditions in Exhibit A.

* * * * * * * *

D3
Page | 4

I HEREBY CERTIFY that the foregoing recommendation was passed and adopted by the City Council of the City of Antioch, at a regular meeting thereof, held on the 26 th day of July 2022 by following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________

ELIZABETH HOUSEHOLDER
City Clerk of the City of Antioch

D4

EXHIBIT A: CONDITIONS OF APPROVAL

Regulation Source

Timing/
Implementation

Enforcement/
Monitoring

Verification
(date and
Signature)
General Conditions

1. Project Approval. This Final Development Plan, Use Permit and Design Review approval is for 5200 Lone Tree Way (APN 056-270- 059), as substantially shown and described on the project plans, except as required to be modified by conditions herein. Plans date received April 30, 2021, as presented to the City Council on July 26, 2022 (“Approval Date.”). For any condition herein that requires preparation of a Final Plan where the project applicant has submitted a conceptual plan, the project applicant shall submit final plan(s) in substantial conformance with the conceptual plan, but incorporate the modifications required by the conditions herein for approval by the City.

City of Antioch On-Going Planning
Department

2. Project Approval Expiration. This Final Development Plan, Use Permit and Design approval expires on July 26, 2024 ( two years from the date on which this approval becomes effective) or at an alternate time specified as a condition of approval, unless a building permit has been issued and construction diligently pursued. The approval may be renewed by the Zoning
Administrator for a period up to an additional one (1) year, provided that, at least ten (10) days before expiration an application for renewal of the approval is filed with the Community Development Department. The Zoning Administrator may grant a renewal of an approval where there is no change in the original application, or there is no request to change any condition of approval. No more than two (2) one (1) year extensions may be granted.

City of Antioch On-Going Planning
Department

EXHIBIT A
D5

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 2

Regulation Source

Timing/
Implementation

Enforcement/
Monitoring

Verification
(date and
Signature)

3. City Fees . The applicant shall pay any and all City and other related fees applicable to the property, as may be modified by conditions herein. Fees shall be based on the current fee structure in effect at the time the relevant permits are secured and shall be paid before issuance of said permit or before any City Council final action approval. Notice shall be taken specifically of Plan Check, Engineering, Fire and Inspection Fees. The project applicant shall also reimburse the City for direct costs of planning; building and engineering plan check and inspection, as mutually agreed between the City and applicant.

Discretionary or ministerial permits/approvals will not be considered if the developer is not current on fees, balances, and reimbursement that are outstanding and owed to the City.

City of Antioch On-Going Community
Development
Department

4. Pass-Through Fees. The developer shall pay all pass -through fees.

Fees include but are not limited to:
. East Contra Costa Regional Fee and Financing Authority (ECCRFFA) Fee in effect at the time of building permit issuance. . Contra Costa County Fire Protection District Fire Development Fee in place at the time of building permit issuance.
. Contra Costa County Map Maintenance Fee in affect at the time of recordation of the final map(s).
. Contra Costa County Flood Control District Drainage Area fee. . School Impact Fees.

Delta Diablo Sanitation Sewer Fees.
. Contra Costa Water District Fees.

City of Antioch On-Going Community
Development
Department

D6

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 3

6. Requirement for Building Permit. Approval granted by the Planning Commission does not constitute a building permit or authorization to begin any construction or demolish an existing structure. An appropriate permit issued by the Community Development
Department must be obtained before constructing, enlarging, moving, converting, or demolishing any
building or structure within the City.

City of Antioch On-Going Building
Department

7. Modifications to Approved Plans. The project shall be constructed as approved and with any additional changes required pursuant to the Zoning Administrator or Planning Commission Conditions of Approval. Planning staff may approve minor modifications in the project design, but not the permitted land uses. A change requiring discretionary approval and any other changes deemed appropriate by the Planning staff shall require further Planning Commission or Zoning Administrator approval through the discretionary review process.

City of Antioch On-Going Planning
Department

D7

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 4

Regulation Source
Timing/
Implementation

Enforcement/
Monitoring

Verification
(date
and
Signature)

8. Mitigation Monitoring and Reporting Program. The developer shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program for the United Pacific Gas Station Project

City of Antioch On-Going Planning
Department

9. Compliance Matrix. With the submittal of all grading plans, improvement plans, and building permit plans, the applicant shall submit to the Community Development Department a
Conditions and Mitigation Measures Compliance Matrix that lists: each Condition of Approval and Mit igation Measure, the City division responsible for review, and how the applicant meets the Condition of Approval or Mitigation Measure. The applicant shall update the compliance matrix and provide it with each submittal.

City of Antioch On-Going Community
Development
Department

10. Hold Harmless Agreement/Indemnification . The applicant (including any agent thereof) shall defend, indemnify, and hold harmless, the City of Antioch and its agents, officers and employees, from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul the City's approval concerning this application. The City will promptly notify the applicant of any such claim action or proceeding and cooperate fully in the defense.

City of Antioch On-Going Planning
Department

D8

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 5

Public Works Standards

11. City Standards. All proposed improvements shall be constructed to City standards or as otherwise approved by the City Engineer in writing.

City of Antioch On-Going Public Works
Department

12. Utility Construction. Public utilities shall be constructed to their ultimate size and configuration with the road construction in which they are to be located.

City of Antioch On-Going Public Works
Department

14. Utility Undergrounding. All existing and proposed utilities shall be undergrounded (e.g., transformers and PMH boxes) and
subsurface pursuant to Section 7-3 “Underground Utility Districts” of the Antioch Municipal Code.

City of Antioch On-Going Public Works
Department

14. Utility Mapping. Prior to acceptance of public utilities, the developer shall provide GPS coordinates of all in and above ground assets. This includes all Water Distribution Utility features, Collection Utility features, Storm Water Utility features, and inverts associated with these features. Developer shall also include GPS coordinates of metal subdivision entryway signs, street signs, light poles, and irrigation controllers. These GPS coordinates must be taken on a survey-grade sub-meter GPS data receiver/collector and provided in GIS shapefile format using the NAVD 88 (with conversion information).

City of Antioch Prior to
Acceptance of
Public Utilities
Public Works
Department

15. Sewer. All sewage shall flow by gravity to the intersecting street sewer main.

City of Antioch On-Going Public Works
Department

16. Storm Drain Design/Construction . The developer shall design and construct storm drain facilities to adequately collect and convey stormwater entering or originating within the
development to the nearest adequate man -made drainage
City of Antioch At the Time of
Building Permit
Submittal
Public Works
Department

D9

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 6
facility or natural watercourse, without diversion of the watershed.

a. All public utilities, including storm drainpipes and ditches, shall be installed in streets avoiding between lot locations. All proposed drainage facilities, including open ditches, shall be constructed of Portland Concrete Cement or as approved by the City Engineer.

b. Storm drain system shall flow to t he Detention Basins shown within the study and on the tentative map with no diversion out of existing watershed(s).

c. The detention basin and associated improvements shall be constructed and operational prior to issuance of first
residential building permit.

d. Detention basins shall be designed to the satisfaction of the City Engineer with an emergency spillway to provide
controlled overflow relief for large storm events. An
Operations and Maintenance Manual (for each basin) shall be submitted for basins prior to the issuance of the first building permit.

17. Water Pressure . The developer shall provide adequate water pressure and volume to serve this development. 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 or as approved by the City Engineer. See Fire Requirements for additional water flow conditions.

City of Antioch On-Going Public Works
Department

D10

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 7

18. Requirement for Looped System. 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 off site to create a looped system at no cost to the City.

City of Antioch On-Going Public Works
Department

19. Hydrology Analysis. The developer shall submit hydrology and hydraulic analyses as part of the storm water control plan . The analysis shall demonstrate adequacy of the in -tract drainage system and downstream drainage system. The analysis shall be reviewed and approved by Contra Costa County Flood Control.

City of Antioch Prior to the
Recordation of the
First Final Map
Public Works
Department

20. Retaining Walls

1. Public Right of Way. Retaining walls shall not be
constructed in City right -of-way or other City maintained parcels unless otherwise approved by the City Engineer.

2. Materials. All retaining walls shall be of concrete masonry unit construction.

3. Height. All retaining walls shall be reduced in height to the maximum extent practicable and the walls shall meet the height requirements in the front yard setback and sight distance triangles as required by the City Engineer.

City of Antioch On-Going Public Works
Department

Conservation/NPDES

21. C.3 Compliance. Per State Regulations, all impervious surfaces including off -site roadways to be constructed as part of the project are subject to C.3 requirements.

State of California On-Going Public Works
Department

22. NPDES. The project shall comply with all Federal, State, and City regulations for the National Pollution Discharge Elimination System (NPDES) (AMC§6-9). (Note: Per State Regulations, NPDES Federal
Government
At the Time of
Building Permit
Submittal
Public Works
D11

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 8
Requirements are those in affect at the time of the Final Discretional Approval.)

Under NPDES regulations, the project is subject to provision C.3 :
“New development and redevelopment regulations for storm water treatment.”
a. Requirements. 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.
b. Storm Water Control Plan . C.3 regulations require t he submittal of a Storm Water Control Plan (SWCP) that
demonstrate plan compliance. The SWCP shall be
submitted concurrently with site improvement plans.
c. Operation and Maintenance Plan. For the treatment and flow-controls identified in the approved SWCP , a
separate Operation and Maintenance Plan (O&M) shall
be submitted to the Building Department at the time of
permit submittal.
d. CCRs. Both the approved SWCP and O&M plans shall be
included in the project CC&Rs. Prior to building permit final and issuanc e of a Certificate of Occupancy, the
developer 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. Already
stated in COAs below, 5.c and 5.h.w.

23. NPDES Plan Submittal Requirements. 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. Application. Prior to issuance of permits for building, site improvements, or landscaping, the developer shall submit a Federal
Government
At the Time of
Building Permit
Submittal
Public Works
D12

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 9
permit application consistent with the developer’s approved Storm Water Control Plan, and include drawings and
specifications necessary for construct ion 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. Certified Professional. 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 th
e 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. Final Operation & Maintenance Plan. Prior to building permit final and issuance of a Certificate of Occupancy, the
developer 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.

D13

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 10
d. Long Term Management. Prior to building permit final and issuance of a Certificate of Occupancy, the developer 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. Design Details.

i. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner.

ii. Install on al l catch basins “No Dumping, Drains to River” decal buttons.

f. Hydrology Calculations. Collect and convey all storm water entering, and/or originating from, the site to an adequate downstream drainage facility without diversion of the
watershed. Submit hydrologic and hydraulic calculations with the Improvement Plans to Engineering Services for review and approval.

g. Regional Water Quality Control. 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. SWPP. 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 D14

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 11
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. BMP. 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. Erosion Control. 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 contr ol/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 developer shall be
responsible for ensuring that all contractors and
subcontractors are aware of and implement such measures.

k. On-Going Maintenance.

i. 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.

ii. 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 D15

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 12
collected and discharged to the sanitary sewer, subject to the approval of the sanitary sewer District.

iii. 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.

iv. 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.

Additional information regarding the project SWCP is necessary and modifications to the SWCP shown on the proposed Vesting Tentative Map may be required in order to comply with C.3 regulations.

Fire Standards

24. The applicant shall comply with the conditions provided by the Contra Costa County Fire Protection District in the letter dated June 30, 2021.

Contra Costa
Fire Protection
District
TBD Contra Costa
Fire Protection
District

Building Permit Submittal

25. Requirement for Phasing Plan. The project shall be built continuously in one phase. If the project will become a phased City of
Antioch
At the time of
Building Permit
Submittal
Community
Development
Department

D16

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 13
project, then the developer shall provide a phasing plan to the Community Development Department.

26. Final Landscape Plans. The applicant shall submit final landscape plans that identify specific plant materials to be used, including all shrubs and groundcover, providing both common and
botanical names, sizes and quantities at the time of building permit submittal. The project shall emphasize local and native species of plants in the final landscape plans.

City of
Antioch
At the time of
Building Permit
Submittal
Building
Department

27. Water Efficient Landscape Ordinance . 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).

The applicant shall demonstrate compliance with the applicable requirements of the MWELO in the landscape and irrigation plans submitted to the City.

City of
Antioch
At the time of
Building Permit
Submittal
Community
Development
Department

28. Common Area Landscaping. Landscaping on all slopes, medians, C.3 basins and open space areas shall be approved by the City Engineer and shall be installed at
the applicant’s
expense.

City of
Antioch
At the time of
Building Permit
Submittal
Public Works
Department

D17

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 14

Regulation Source

Timing/
Implementation

Enforcement/
Monitoring

Verification
(date
and
Signature)

Grading Improvements

29. Requirement for Grading Permit. A grading permit shall be required prior to commencement of any grading operations.

The permit shall be obtained through the City’s Building Department subject to review and approval by the City
Engineer. The submitted plan s shall incorporate any
modifications required by the Conditions of Approval.

City of
Antioch
At the time of
Building Permit
Submittal
Public Works

30. Soils. Prior to the approval of the grading plan(s), the City Engineer shall determine if a soils or structural engineer, are required to review the building permit plan set submitted for this project. If deemed necessary by the City Engineer, field inspections by such professionals will be required to verify compliance with the approved plans. Costs for these consulting services shall be incurred by the developer.

City of
Antioch
At the time of
Building Permit
Submittal
Public Works
D18

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 15

Regulation Source

Timing/
Implementation

Enforcement/
Monitoring

Verification
(date
and
Signature)
At the Time of Building Permit Issuance

31. Sewer System Requirements. The sewer system for the subject site shall comply with current building codes City of Antioch Municipal Code and to the satisfaction of the City Engineer prior to issuance of building permit.

City of
Antioch
At the time of
Building Permit
Issuance
Building
Department

32. Demolition Permit. Site demolition shall not occur until construction permits are issued for the development project. All demolition shall be in accordance with permits issued by the City and Bay Area Air Quality Management District (BAAQMD).

City of
Antioch
At the time of
Building Permit
Issuance
Community
Development
Department

33. Encroachment Permit. The applicant shall obtain an encroachment permit from the Engineering Division before commencing any construction activities within any public right - of-way or easement.

City of
Antioch
At the time of
Building Permit
Issuance
Community
Development
Department

D19

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 16

Regulation Source

Timing/
Implementation

Enforcement/
Monitoring

Verification
(date
and
Signature)
At the Time of Construction

34. Collection of Construction Debris. Gather all construction debris on a regular basis and place them in a Waste Management dumpster or other container that is emptied or removed on a weekly basis consistent with the Construction and Demolition Debris Ordinance. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater pollution.

City of Antioch On-Going Building
Department

35. Construction Hours. Construction activity shall be as outlined in in the Antioch Municipal Code. Construction activity is limited to 8:00 AM to 5:00 PM Monday-Friday or as approved in writing by the City Manager. Requests for alternative construction hours shall be submitted in writing to the City Manager or his designee.

Construction activity in the public right of way shall only occur during the hours of 9:00 AM – 3:00 PM (Per Planning Commission Action 5/24/22)
City of Antioch On-Going Building
Department/
Public Works
Department

36. Demolition, Debris, Recycling. The project shall be in compliance with and supply all the necessary documentation for Antioch Municipal Code § 6 -3.2: Construction and
Demolition Debris Recycling.

City of Antioch On-Going Building
Department/
Public Works
Department

D20

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 17

Regulation Source

Timing/
Implementation

Enforcement/
Monitoring

Verification
(date
and
Signature)

37. Erosion Control Measures. The grading operation shall take place at a time, and in a manner, so as not to allow erosion and sedimentation. The slopes shall be landscaped and reseeded as soon as possible after the grading operation ceases. Erosion measures shall be implemented during all construction phases in accordance with an appr
oved erosion and sedimentation
control plan.

City of Antioch On-Going Building
Department/
Public Works
Department

38. Dust Control. Standard dust control methods and designs shall be used to stabilize the dust generated by construction activities. The developer shall post dust control signage with a contact number of the developer, City staff, and the air quality control board.

City of Antioch On-Going Building
Department/
Public Works
Department

39. Debris Removal. The site shall be kept clean of all debris (boxes, junk, garbage, etc.) at all times.

City of Antioch On-Going Building
Department/
Public Works
Department

Prior to Issuance of Occupancy Permit

40. Planning Inspection . Planning staff shall conduct a site visit to review exterior building elevations for architectural consistency with the approved plans and landscape installation (if required).

All exterior finishing details including window trim, paint, gutters, downspouts, decking, guardrails, and driveway installation shall be in place prior to scheduling the final inspection.

City of
Antioch
Prior to
Occupancy
Permit
Planning
Department

D21

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 18

41. Debris Removal. All mud, dirt or construction debris carried off the construction site and shall be removed prior to scheduling the final Planning inspection. No materials shall be discharged onto a sidewalk, street, gutter, storm drain or creek.

City of
Antioch
Prior to
Occupancy
Permit
Building
Department

42. Fire Prevention. A final Fire inspection shall occur to inspect all fire prevention systems constructed as part of the project.

Inspections shall occur prior to final occupancy permit issuance.

Contra Costa
Fire
Protection
District
Prior to
Occupancy
Permit
Fire
Department

43. Damage to Street Improvements. Any damage to street improvements now existing or done during construction on or adjacent to the subject property, shall be repaired to the satisfaction of the City Engineer at the full expense of the applicant. This shall include sidewalk repair, slurry seal, street reconstruction or others, as may be required by the City Engineer.

City of
Antioch
Prior to
Occupancy
Permit
Building
Department

44. Right-of-Way Construction Standards . All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the City Engineer.

City of
Antioch
Prior to
Occupancy
Permit
Public Works
Project Specific Conditions

45. Deceleration Lane. Construct the deceleration lane on Lone Tree Way as shown on the plans submitted to the Community
Development Department on April 30, 2021.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

46. Sidewalk Repair. Existing Sidewalks along Lone Tree Way and Vista Grande Drive and the property frontage shall be
reconstructed or repaired per City standards as required by the Public Works Inspector and as approved by the City Engineer.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

D22

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 19

47. On-Street Striping. Lone Tree Way shall be restriped per California MUTCD standards from the extension of the west property line to Vista Grande Drive for the right turn lane included any other modifications as required by the City Engineer and shown in approved plans.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

48. ADA. The existing curb ramp at the corner of Lone Tree Way and Vista Grande Drive, shall be removed and replaced with new City standard curb ramps meeting current ADA
requirements.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

49. Parking Lot Plan. The parking lot striping and signing plan shall be approved by the City Engineer.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

50. Parking Lot Striping All parking spaces shall be double-striped, and all parking lot dimensions shall meet minimum City policies and Antioch Municipal Code requirements.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

51. Requirement for Compact Spaces. No more than ten percent (10%) of parking spaces shall be compact per AMC §9-5.1711.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

52. Red Curb. The red curb along the project frontage shall be repainted as approved by the City Engineer.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

53. Turning Template. The applicant shall show a turning template on the site plan exhibit, submitted with the permit drawings verifying that delivery trucks can safely ingress, egress and successfully maneuver throughout the site.

City of
Antioch
Prior to
Occupancy
Permit
Public Works

54. Alcohol Sales. Only beer and wine may be sold under an ABC Type 20 Off Sale Beer and Wine license.

City of
Antioch
On-Going Planning
Department

D23

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 20

55. Alcohol Sales Floor Area. The total sales area dedicated to the sale of alcoholic beverages shall be restricted as follows:

No more than 15 linear feet of refrigerated cooler display; and No more than 60 square feet of convenience store floor area.

City of
Antioch
On-Going Planning
Department

56. Tobacco Sales. Tobacco sales shall comply with AMC § 9-5.3843 Tobacco and Paraphernalia Retailers and AMC § 6- 8.14
Restrictions on Tobacco Retailers and Businesses.

City of
Antioch
On-Going Planning
Department

57. Temporary Signage Restrictions. Temporary signs, banners, commercial flags, and similar devices are prohibited at this site, except as individually approved by the Community
Development Department.

City of
Antioch
On-Going Planning
Department

58. Canopy Illumination. The only lighted elements of the fuel canopy shall be the channel letters, logo, and canopy down lights. No illuminated band is allowed.

City of
Antioch
On-Going Planning
Department

59. In-Window Signage. No more than 50% of the total window area may be covered with graphic lettering, signage, or other devices that may obscure vision into the building.

City of
Antioch
On-Going Planning
Department

D24

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 21

60. Operating Hours.

The hours of operation shall be as follows:

Convenience store 4:00 AM – 10:00 PM
Car wash 7:00 AM – 9:00 PM
Fuel dispensers 4:00 AM – 10:00 PM (Per Planning Commission Action 5/4/22)
City of
Antioch
On-Going Planning
Department

61. Fencing Requirements. The proposed fence separating the development from the vacant portion of the site shall be a solid fence that it architecturally compatible with the development. A fencing detail shall be included with the building permit submittal.

City of
Antioch
At the time
of Building
Permit
Issuance
Planning
Department

62. Photometric Plan. A revised photometric plan shall be submitted that any light spillover onto adjacent residential properties is less than one -half foot candle per the requirements of AMC § 9-

5.1715 Lighting
City of
Antioch
At the time
of Building
Permit
Issuance
Planning
Department

63. Revocation. Pursuant to Section 9 -5.2707.1 “Violation, Revocation, Fine” of the City of Antioch Municipal Code, if there is a violation of the Conditions of Approval, the Planning Commission shall hold a public hearing to consider revocation of the Conditional Use Permit. If the Planning Commission
determines that the operation is not in compliance with the Conditions of Approval, there is a public nuisance or otherwise a threat to public health, safety , or welfare, this may result in revocation of or modification to the Use Permit or imposition of a fine.

City of
Antioch
On-Going Planning
Department

D25

EXHIBIT A: CONDITIONS OF APPROVAL
Page | 22

64. Bicycle Requirements. The applicant shall provide a bicycle repair stand and air pump for public use (Per Planning
Commission Action 5/4/22)
City of
Antioch
At the time
of Building
Permit
Issuance
Planning
Department

65. Security Requirements. The applicant shall provide a drive -by security guard during off hours (Per Planning Commission Action 5/4/22)
City of
Antioch
On-Going Planning
Department

D26

PRESSURE
TEST

UP FOR SERVICE

DOWN FOR TEST
LINE
ASC
LU
R
ELNE
'D VUO
REV

ELC REVUO
CE
TN
A V
T IUCR

ICLRI EA
L
TIGHT
KEEP
COVER

REMOVING COVER

OPEN CIRCUIT
BEFORE

ACCESS RIGHTS

RELINQUISHED

ACCESS RIGHTS

RELINQUISHED
RD
RD
RD
RD
RD
RD
Δ=90°00'00"(M)
R=20.00'(M)
L=31.42'(M)
S89°12'49"E 285.41' (M&R1)
S00°47'11"W 285.53' (M&R1)
S89°12'49"E 305.41' (M&R1)
S00°47'11"W 265.53' (M&R1)
N89°12'49"W (R1)
S00°47'11"W 536.05' (M&R1)
300.41' (M)
N00°47'11"E 278.76' (M)
Δ=48°35'25" (M)
R=20.00' (M)
L=16.96' (M)
Δ=41°24'35" (M)
R=20.00' (M)
L=14.45' (M)
SS
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
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IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER
Dial 811
Callbefore you dig.
below. Know what's
SCALE: 1"=40'
N
N

ATTACHMENT E
E1

PRESSURE
TEST

UP FOR SERVICEDOWN FOR TEST
LINE
ASC
LU
R
ELNE
'D
V
U
O
REV
EL
CR
EV
UO
CE
T
NA V
TI
UC
RI
CLRI E
A
L
TIGHT
KEEP
COVER

REMOVING COVER

OPEN CIRCUIT
BEFORE

EXISTING BUILDING
HEIGHT: 19'

EXISTING BUILDING
HEIGHT: 26'

EXISTING BUILDING
HEIGHT: 17'
SHED
SHED

MASTER VALVE

FLOW METER
DRIVE

ENTRANCE
DRIVE

ENTRANCE

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL
29'
49'
49'

SUBJECT PARCEL
APN: 056-270-059

2.0 ACRES +/- GROSS
OWNER: CABREIRA CHRISTOPHER J
APN: 056-270-036OWNER: DINH DAVID Q
APN: 056-270-037
OWNER: NEELY MAC H

ET/AL SANDOVAL JENNIFER
APN: 056-270-027
OWNER: KOHUT NADIA
APN: 056-270-029
OWNER: YU SAMMY GUO QIANG
APN: 056-270-030
OWNER: CITY OF ANTIOCH
APN: 056-270-057
OWNER: PUERTO NANCI M
APN: 056-270-028

5.00' (M)
TITLE PARCEL 1

1.97 ACRES +/-
TITLE PARCEL 2

0.03 ACRES

ACCESS RIGHTS

RELINQUISHED

ACCESS RIGHTS

RELINQUISHED
FOUND 5/8" REBAR, CAPPED
"RCE 21764", DOWN 4"
FOUND 5/8" REBAR, CAPPED"RCE 21764", DOWN 4"
29'
FENCE LIES 2.5'

WEST OF LINE

BLOCK WALL LIES

0.5' WEST OF LINE

BLOCK WALL LIES

0.3' SOUTH OF LINE

BLOCK WALL LIES

0.8' WEST OF LINE
FENCE LIES 2.4'

EAST OF LINE

BASIS OF BEARINGS
RIM = 129.96'
FL (N) 36" = 106.97'
FL (S) 36" = 106.97'
RIM = 128.26'
FL (E) 18" = 122.09'
RIM = 130.18'
FL = 120.08' (DIRECTION UNKNOWN)

FILLED WITH LEAVES
RIM = 129.16'
FL (W) 6" = 126.01'
RIM = 130.41'
FL (N) 12" = 112.69'
RD
RD
RD
RD
RD
RD
Δ=90°00'00"(M)
R=20.00'(M)
L=31.42'(M)
S89°12'49"E 285.41' (M&R1)
S00°47'11"W 285.53' (M&R1)
S89°12'49"E 305.41' (M&R1)
S00°47'11"W 265.53' (M&R1)
N89°12'49"W (R1)
S00°47'11"W 536.05' (M&R1)
300.41' (M)
N00°47'11"E 278.76' (M)
Δ=48°35'25" (M)
R=20.00' (M)
L=16.96' (M)
Δ=41°24'35" (M)
R=20.00' (M)
L=14.45' (M)
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER

PRELIMINARY SITE PLAN
2 Dial 811
Callbefore you dig.
below. Know what's
26 E2

PRESSURE
TEST

UP FOR SERVICEDOWN FOR TEST
LINE
A
S
C
LU
R
E
LNE'D
V
UO
REV
E LC
RE
VUO
CE
TN
A V
T
IU CR
IC
LR
I E
A
L
TIGHT
KEEP
COVER

REMOVING COVER

OPEN CIRCUIT
BEFORE

EXISTING BUILDING
HEIGHT: 19'

EXISTING BUILDING
HEIGHT: 26'

EXISTING BUILDING
HEIGHT: 17'
SHED
SHED

MASTER VALVE

FLOW METER
DRIVE

ENTRANCE
DRIVE

ENTRANCE

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL

ACCESS RIGHTS

RELINQUISHED

ACCESS RIGHTS

RELINQUISHED
FENCE LIES 2.5'

WEST OF LINE

BLOCK WALL LIES

0.5' WEST OF LINE

BLOCK WALL LIES

0.3' SOUTH OF LINE

BLOCK WALL LIES

0.8' WEST OF LINE
FENCE LIES 2.4'

EAST OF LINE
RIM = 129.96'
FL (N) 36" = 106.97'
FL (S) 36" = 106.97'
RIM = 128.26'
FL (E) 18" = 122.09'
RIM = 130.18'
FL = 120.08' (DIRECTION UNKNOWN)

FILLED WITH LEAVES
RIM = 129.16'
FL (W) 6" = 126.01'
RIM = 130.41'
FL (N) 12" = 112.69'

BASE CONTROL
POINT #3
N:2174856.99'
E:6199687.41'
EL:131.90'

COTTON SPINDLE

TOP SHOT
POINT #1030
TOP

TOP SHOT
POINT #1031
TOP

TOP SHOT
POINT #1033
TOP
RD
RD
RD
RD
RD
RD

TOP SHOT
POINT #2052
TOP
133'133'133'
133'133'
133'
134'
134'
133'
134'
133'
134'
133'
134'
134'
133'
133'133'
133'
133'
133'
133'
133'
133'
133'
132'
132'
131'
131'
130'
130'
130'
129'
130' 130'
129'
129'
129'
130'
131'
131'
132'
132'
132'
133'
133'
133'
129'
130'
130'
131'
131'
131'
131'
131'
131'
131'
131' 131'
131'
131'
131'
131'130'
130'
130'
130'
132'
132'
132'
132'
132'
131'
131'
131'
131'
131'
132'
132'
132'
132'
133'
132'
131'
131'
132'
130'
132'
Δ=90°00'00"(M)
R=20.00'(M)
L=31.42'(M)
S89°12'49"E 285.41' (M&R1)
S00°47'11"W 285.53' (M&R1)
S89°12'49"E 305.41' (M&R1)
S00°47'11"W 265.53' (M&R1)
N89°12'49"W (R1)
S00°47'11"W 536.05' (M&R1)
300.41' (M)
N00°47'11"E 278.76' (M)
Δ=48°35'25" (M)
R=20.00' (M)
L=16.96' (M)
Δ=41°24'35" (M)
R=20.00' (M)
L=14.45' (M)
SS SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER
3 PRELIMINARY GRADING AND DRAINAGE PLAN
E3
SECTION A1
SECTION B2
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER
4 GRADING SECTIONS
E4

PRESSURE
TEST

UP FOR SERVICEDOWN FOR TEST
LINE
AS
C
LU
R
E
LNE
'D
V
UO
REV
E
LC RE
VUO
CE
TN
A
V
T

IU CR IC
LRI E
A L
TIGHT
KEEP
COVER

REMOVING COVER

OPEN CIRCUIT
BEFORE

EXISTING BUILDING
HEIGHT: 19'

EXISTING BUILDING
HEIGHT: 26'

EXISTING BUILDING
HEIGHT: 17'
SHED
SHED

MASTER VALVE

FLOW METER
DRIVE

ENTRANCE
DRIVE

ENTRANCE

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL

BLOCK WALL
29'
49'
49'

SUBJECT PARCEL
APN: 056-270-059

2.0 ACRES +/- GROSS
OWNER: CABREIRA CHRISTOPHER J
APN: 056-270-036OWNER: DINH DAVID Q
APN: 056-270-037
OWNER: NEELY MAC H

ET/AL SANDOVAL JENNIFER
APN: 056-270-027
OWNER: KOHUT NADIA
APN: 056-270-029
OWNER: YU SAMMY GUO QIANG
APN: 056-270-030
OWNER: CITY OF ANTIOCH
APN: 056-270-057
OWNER: PUERTO NANCI M
APN: 056-270-028

5.00' (M)
TITLE PARCEL 1

1.97 ACRES +/-
TITLE PARCEL 2

0.03 ACRES

ACCESS RIGHTS

RELINQUISHED

ACCESS RIGHTS

RELINQUISHED
FOUND 5/8" REBAR, CAPPED
"RCE 21764", DOWN 4"
FOUND 5/8" REBAR, CAPPED"RCE 21764", DOWN 4"
29'
FENCE LIES 2.5'

WEST OF LINE

BLOCK WALL LIES

0.5' WEST OF LINE

BLOCK WALL LIES

0.3' SOUTH OF LINE

BLOCK WALL LIES

0.8' WEST OF LINE
FENCE LIES 2.4'

EAST OF LINE

BASIS OF BEARINGS
RIM = 129.96'
FL (N) 36" = 106.97'
FL (S) 36" = 106.97'
RIM = 128.26'
FL (E) 18" = 122.09'
RIM = 130.18'
FL = 120.08' (DIRECTION UNKNOWN)

FILLED WITH LEAVES
RIM = 129.16'
FL (W) 6" = 126.01'
RIM = 130.41'
FL (N) 12" = 112.69'
RD
RD
RD
RD
RD
RD
Δ=90°00'00"(M)
R=20.00'(M)
L=31.42'(M)
S89°12'49"E 285.41' (M&R1)
S00°47'11"W 285.53' (M&R1)
S89°12'49"E 305.41' (M&R1)
S00°47'11"W 265.53' (M&R1)
N89°12'49"W (R1)
S00°47'11"W 536.05' (M&R1)
300.41' (M)
N00°47'11"E 278.76' (M)
Δ=48°35'25" (M)
R=20.00' (M)
L=16.96' (M)
Δ=41°24'35" (M)
R=20.00' (M)
L=14.45' (M)
SS SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
SS
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER

PRELIMINARY UTILITY PLAN
5 Dial 811
Callbefore you dig.
below. Know what's
E5
E6
E7
E8
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER
1 1
2 2
3 4 5 68
7 CONTEXT MAP
9 E9
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER

CONTEXT MAP
10 3
4 E10
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER

CONTEXT MAP
11 5
6 E11
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT
OF
O
LA
FI
AINR
C
IV
IL
KACEY C. HELD

L ICENSED PROFESS

IONAL ENGINEER

CONTEXT MAP
12 7
8 E12
29'
49'
49'

SUBJECT PARCEL
APN: 056-270-059

2.0 ACRES +/- GROSS

5.00' (M)
TITLE PARCEL 1

1.97 ACRES +/-
TITLE PARCEL 2

0.03 ACRES
FOUND 5/8" REBAR, CAPPED
"RCE 21764", DOWN 4"
FOUND 5/8" REBAR, CAPPED"RCE 21764", DOWN 4"
29'

BASIS OF BEARINGS
133'133'133'
133'133'
133'
134'
134'
133'
134'
133'
134'
133'
134'
134'
133'
133'
133'
133'
133'
133'
133'
133'
132'
132'
131'
131'
130'
130'
130'
129'
130' 130'
129'
129'
129'
129'
130'
130'
131'
131'
131'
131'
131'
131'
131'
131' 131'
131'
131'
131'
131'
130'
130'
130'
130'
132'
132'
132'
132'
131'
131'
131'
131'
132'
132'
132'
132'
133'
132'
131'
131'
132' Δ=90°00'00"(M)
R=20.00'(M)
L=31.42'(M)
S89°12'49"E 285.41' (M&R1)
S00°47'11"W 285.53' (M&R1)
S89°12'49"E 305.41' (M&R1)
S00°47'11"W 265.53' (M&R1)
S00°47'11"W 536.05' (M&R1)
300.41' (M)
N00°47'11"E 278.76' (M)
Δ=48°35'25" (M)
R=20.00' (M)
L=16.96' (M)
Δ=41°24'35" (M)
R=20.00' (M)
L=14.45' (M)

PRESSURE
TEST

UP FOR SERVICE

DOWN FOR TEST
LINE
ASC
LU
R
ELN
E'D
VU
O
REV
EL CR
EVU
OC
E
TN
AV

TI UC RIC
LRI E
A
L
TIGHT
KEEP
COVER

REMOVING COVER

OPEN CIRCUITBEFORE
29'
49'
49'

SUBJECT PARCEL
APN: 056-270-059

2.0 ACRES +/- GROSS

5.00' (M)
TITLE PARCEL 1

1.97 ACRES +/-
TITLE PARCEL 2

0.03 ACRES
FOUND 5/8" REBAR, CAPPED
"RCE 21764", DOWN 4"
FOUND 5/8" REBAR, CAPPED"RCE 21764", DOWN 4"
29'

BASIS OF BEARINGS
133'133'133'
133'133'
133'
134'
134'
133'
134'
133'
134'
133'
134'
134'
133'
133'
133'
133'
133'
133'
133'
133'
132'
132'
131'
131'
130'
130'
130'
129'
130' 130'
129'
129'
129'
129'
130'
130'
131'
131'
131'
131'
131'
131'
131'
131' 131'
131'
131'
131'
131'
130'
130'
130'
130'
132'
132'
132'
132'
131'
131'
131'
131'
132'
132'
132'
132'
133'
132'
131'
131'
132' Δ=90°00'00"(M)
R=20.00'(M)
L=31.42'(M)
S89°12'49"E 285.41' (M&R1)
S00°47'11"W 285.53' (M&R1)
S89°12'49"E 305.41' (M&R1)
S00°47'11"W 265.53' (M&R1)
S00°47'11"W 536.05' (M&R1)
300.41' (M)
N00°47'11"E 278.76' (M)
Δ=48°35'25" (M)
R=20.00' (M)
L=16.96' (M)
Δ=41°24'35" (M)
R=20.00' (M)
L=14.45' (M)
107AWALK-INCOOLER
105

UNISEX RR
104

UNISEX RR
109

CAR WASH
110EQUIP.ROOM
111ELECT.ROOM
101RETAILSALES106

STORAGE
108

WALK-INFREEZER
107B

BEER CAVE
102

CASHIER
TS
Cb Cb
Cb
Cb
Cb
Cb
H
HH
HH
Gs
GsGs
GsGs
CL
CL
CL
CL
RCRC
RC
RC
RC
RC
RC
RCRC
RC
RC
RC
RC
RC
RC
RC
RC
DGDG S SMf Mf
Mf
Mf
DG
Mf
Mf Mf RC RCMf
MfDG
DG
DG S S Mf Mf
RC
RCMf MfDGDG
Mf S SDG Mf Mf RC RCDG Mf Mf S SDG Mf Mf
RC RCDG Mf Mf S SDG Mf Mf
RC RCDG Mf Mf S SDG
Mf Mf
RC RCDG Mf Mf S SDG
Mf Mf
RC RCDG Mf
Mf S SDG Mf Mf
RC
RCDG Mf DG
DG
DG
S
Mf
Mf
DG
DGSMfMf
S SDG MfMf RCDG DGMf Mf SDG DGMf Mf RCDG DGMf Mf SDG DGMf Mf

RCDG DG
Mf
Mf SDG DGMf Mf DGRC
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
OleOleOleOleOleOleOleOleOle
Ole
Gs
EG
EG
EG
EG
EG
EGHHH
EG
EG

EGHHH H
H
Po
CL
CLCL
CL
Ech
Ech
Ech
Ech
OleOle
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
R
R
R
RR
D D
D
D D
D
D
DD
Ech Ech
Ech Mf
N
NN
OleOleOle
OleOleOle
Ole
Ole
Ole
Sa
Sa
Sa
Sa
SaSa
Sa
Mm
Mm
Mm
Mm
Mm
Mm
Mm
Po
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
OleOleOleOle OleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOle Ole
Ole
Ole
Ole
Ole
Ole
Ole
Ole
N
N
Ole
Ole
DG
DG
Ech
OleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOleOle
N
Ole
Ole
Ole
Sa
Sa
Sa
D D
D D D
D

D DD D D
D
Cb
Ole

PRELIMINARY PLANTING PLAN
13 Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
2"-3" DEPTH NON- FLOATING

MULCH IN BIO-RETENTION
FACILITY.

EROSION CONTROL HYDROSEED,
NO IRRIGATION FOR HYDROSEED.

SEE PLANT SCHEDULE FOR RATES

OF MULCH, TACKIFIER, SEED, AND
FERTILIZER.

EXISTING MASONRY WALLS AT SITE SOUTH
AND WEST PERIMETER TO REMAIN.

NEW I.D. /

PRICE SIGN

FILTERRA PLANTER - SEE

CIVIL PLANS FOR
ADDITIONAL INFORMATION.

EXISTING DRIVEWAY TO

BE REMOVED - SEE CIVIL

BIO-RETENTION FACILITY -

SEE CIVIL PLANS

UNDERGROUND STORAGE TANKS
TRASH

ENCLOSURE
CAR
WASH
TUNNEL

VEHICULAR

CLEAR VISION

TRIANGLE AT

EACH SIDE OF

DRIVEWAY

VEHICULAR
CLEAR
VISION

TRIANGLE

AT EACH

SIDE OF

DRIVEWAY

VEHICULAR

CLEAR VISION

TRIANGLE AT

SIGNALED

INTERSECTION

EXISTING

DRIVEWAY
TO BE

REMOVED
- SEE CIVIL

PROPERTY
LINE

PROPERTY
LINE

PROPERTY LINE

LANDSCAPE SHEET INDEX
13 OF 20
14 OF 20
15 OF 20

PRELIMINARY PLANTING PLAN

PRELIMINARY PLANT SCHEDULE

PRELIMINARY PLANTING NOTES & DETAILS

SURVEYOR

LANDSCAPE ARCHITECT

DEVELOPER

ENGINEER

MATURE TREE

CANOPY LINE,
TYP.

LU
E C
TI
CR I

NOT FOR

CONSTRUCTION
E13
DECIDUOUS TREESQTYBOTANICAL / COMMON NAMECONT.
1 CERCIDIUM X `DESERT MUSEUM` / DESERT MUSEUM PALO VERDE15 GAL.

NURSERY GROWN FOR STREET TREE USE, SYMMETRICAL, STAKE AND GUY FOR ONE GROWING SEASON, BRANCHED TO 7 FT. HT.
3 CERCIS OCCIDENTALIS `CLAREMONT` / CLAREMONT WESTERN REDBUD15 GAL.

NURSERY GROWN FOR STREET TREE USE, SYMMETRICAL, STAKE AND GUY FOR ONE GROWING SEASON, BRANCHED TO 5 FT. HT.
8 QUERCUS DOUGLASII / BLUE OAK24" BOX

NURSERY GROWN FOR STREET TREE USE, SYMMETRICAL, STAKE AND GUY FOR ONE GROWING SEASON, BRANCHED TO 8 FT HT IF CANOPY IS WITHIN VEHICULAR CLEAR VISION ZONE AS NOTED ON PLAN, BRANCHING SHALL BE AT 7 FT HT OVER CITY SIDEWALKS AND 14 FT

OVER CITY STREETS
EVERGREEN TREESQTYBOTANICAL / COMMON NAMECONT.
4 ACACIA STENOPHYLLA / SHOESTRING ACACIA15 GAL.

NURSERY GROWN FOR STREET TREE USE, SYMMETRICAL, STAKE AND GUY FOR ONE GROWING SEASON, BRANCHED TO 6 FT. HT.
12 HESPEROCYPARIS ARIZONICA `CAROLINA SAPPHIRE` / CAROLINA SAPPHIRE ARIZONA CYPRESS 15 GAL.

NURSERY GROWN, FULL TO BASE, SYMMETRICAL, SINGLE STRAIGHT UNCUT LEADER, STAKE

AND GUY FOR ONE GROWING SEASON
4 OLEA EUROPAEA `WILSONII` / WILSON OLIVE24" BOX

NURSERY GROWN FOR STREET TREE USE, SYMMETRICAL, STAKE AND GUY FOR ONE GROWING SEASON, BRANCHED TO 5 FT. HT.
10 QUERCUS AGRIFOLIA / COAST LIVE OAK24" BOX

NURSERY GROWN FOR STREET TREE USE, SYMMETRICAL, STAKE AND GUY FOR ONE GROWING SEASON, BRANCHED TO 8 FT HT IF CANOPY IS WITHIN VEHICULAR CLEAR VISION ZONE AS NOTED ON PLAN, BRANCHING SHALL BE AT 7 FT HT OVER CITY SIDEWALKS & 14 FT

OVER VEHICULAR AREAS
PLANT SCHEDULEWUCOLS IV ZONE 2
SHRUBSQTYBOTANICAL / COMMON NAMECONT.WATER USE
7 CERCOCARPUS BETULOIDES / MOUNTAIN MAHOGANY5 GAL. VERY LOW

FULL AND BUSHY
8 CHILOPSIS LINEARIS / DESERT WILLOW5 GAL. VERY LOW

FULL AND MATCHING
6 DASYLIRION ACROTRICHUM / GREEN DESERT SPOON5 GAL. VERY LOW

FULL AND BUSHY
2 DENDROMECON HARFORDII / ISLAND BUSH POPPY5 GAL. VERY LOW

FULL AND BUSHY
21 DUDLEYA BRITTONII / GIANT CHALK DUDLEYA5 GAL. VERY LOW

FULL AND BUSHY
8 ECHINOCACTUS GRUSONII / GOLDEN BARREL CACTUS5 GAL. VERY LOW

FULL AND SYMMETRICAL
9 ERIOGONUM GIGANTEUM / ST. CATHERINE`S LACE5 GAL. VERY LOW

FULL AND BUSHY
13 HETEROMELES ARBUTIFOLIA / TOYON5 GAL. VERY LOW

FULL AND BUSHY
6 NOLINA NELSONII `BLUE NOLINA` / BLUE NOLINA5 GAL. VERY LOW

FULL AND BUSHY
108 OLEA EUROPAEA `MONTRA` TM / LITTLE OLLIE OLIVE5 GAL. VERY LOW

FULL AND BUSHY
5 RIBES MALVACEUM `CHRISTY RIDGE` / CHRISTY RIDGE CHAPARRAL CURRANT5 GAL. VERY LOW

FULL AND BUSHY
37 ROSA CALIFORNICA / CALIFORNIA WILD ROSE5 GAL. LOW

FULL AND MATCHING, BIORETENTION
10 SALVIA CLEVELANDII `AROMAS` / SAGE5 GAL. VERY LOW

FULL AND BUSHY
23 SYMPHORICARPOS ALBUS / COMMON WHITE SNOWBERRY5 GAL. HIGH

FULL AND BUSHY
7 TRICHOSTEMA X `MIDNIGHT MAGIC` / MIDNIGHT MAGIC BLUE CURLS5 GAL. VERY LOW

FULL AND BUSHY
Cb
CL
Gs
Po
D
Ech
EG
H
N
Ole
R
RC
Sa
S
Mm

GRASSESQTYBOTANICAL / COMMON NAME
342 CHONDROPETALUM TECTORUM `EL CAMPO` / EL CAMPO SMALL CAPE RUSH

FULL TOP GROWTH, WELL ROOTED
778 JUNCUS PATENS / CALIFORNIA GRAY RUSH

FULL TOP GROWTH, WELL ROOTED
41 MUHLENBERGIA RIGENS / DEER GRASS

FULL TOP GROWTH, WELL ROOTED
35 SPOROBOLUS AIROIDES / ALKALI SACATON

FULL TOP GROWTH, WELL ROOTED
36 STIPA PULCHRA / PURPLE NEEDLE GRASS

FULL TOP GROWTH, WELL ROOTED

PERENNIALSQTYBOTANICAL / COMMON NAME
56 MIMULUS AURANTIACUS / STICKY MONKEYFLOWER

FULL TOP GROWTH, WELL ROOTED

GROUND COVERSQTYBOTANICAL / COMMON NAME
586 APTENIA CORDIFOLIA `RED APPLE` / BABY SUNROSE
FULL TOP GROWTH, WELL ROOTED, TRIANGULAR SPACING, HOLD BACK 18" FROM BORDERS,

TREES, & SHRUBS
215 DYMONDIA MARGARETAE / DYMONDIA
FULL TOP GROWTH, WELL ROOTED, TRIANGULAR SPACING, HOLD BACK 18" FROM BORDERS,

TREES, & SHRUBS
1,438 STIPA ICHU / PERUVIAN FEATHER GRASS
FULL TOP GROWTH, WELL ROOTED, TRIANGULAR SPACING, HOLD BACK 24" FROM BORDERS,

TREES, & SHRUBS
DGMf

WATER USE

VERY LOW

VERY LOW

VERY LOW

WATER USE

VERY LOW

VERY LOW

VERY LOW

VERY LOW

SPACING
96" o.c.
72" o.c.
60" o.c.
72" o.c.
18" o.c.
36" o.c.
72" o.c.
72" o.c.
48" o.c.
48" o.c.
60" o.c.
48" o.c.
48" o.c.
48" o.c.
48" o.c.

CONT.WATER USE
1 GAL. LOW
1 GAL. MEDIUM
1 GAL. LOW
1 GAL. VERY LOW
1 GAL. VERY LOW
CONT.WATER USE
1 GAL. LOW
CONT.WATER USE
1 GAL. LOW
1 GAL. LOW
1 GAL. VERY LOW

SPACING
36" o.c.
18" o.c.
48" o.c.
24" o.c.
36" o.c.

SPACING
36" o.c.

SPACING
24" o.c.
24" o.c.
30" o.c.

EROSION CONTROL HYDROSEED 18,644 SF

SEE NOTES BELOW
-
LAWN831 SF

DROUGHT RESISTANT SOD
-
Cb
CL
Gs
Po
D
Ech
EG
H
N
Ole
RRC
Sa
S
Mm
DG
Mf

PRELIMINARY PLANTING

NOTES AND DETAILS
14 Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
LU
E C
TI
CR I

NOT FOR

CONSTRUCTION
E14

PRELIMINARY PLANTING

NOTES AND DETAILS
14 Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
LU
E C
TI
CR I

NOT FOR

CONSTRUCTION
E15

0 Scale 1" = 20'
40 80Footcandles calculated at grade F ilename: BM210422ATCALJSR1.AGI Illumination results shown on this lighting design
are based on project parameters provided to
Cree Lighting used inconjunction with luminaire
test procedures conducted under laboratory
conditions. Actual project conditions differing
from these design parameters may affect field
results. The customer is responsible for
verifying dimensional accuracy along with
compliance with any applicable electrical,
lighting,or energy code.9201 Washington Ave, Racine, WI 53406 https://creelighting.com - (800) 236-6800

CREE G H
TIN G LI_______________________
A COMPANY OF IDEAL INDUSTRIES, INC.

Layout By:

Linda Schaller
Date:4/23/2021
Project Name: United Pacific-Lone Tree Way. and Vista Grande Ave, Antioch, CA SR-35448
F F
F
F
F
F
NEW

LANDSCAPE
G
?
E
T
TT
E
E
E
E
?
?
???
R D
R D
EEGG
R D
R D
Pole Schedule
Proposed poles meet 130MPH sustained winds.

Additional Equipment:
*** CUSTOMER TO VERIFY ORDERING INFORMATION AND
CATALOGUE NUMBER PRIOR TO PLACING ORDER ***
OSQ HO Area Luminaire
BASE HT= 3'
P
OLE HT= 22'
(4) OSQ-DAXX (DIRECT ARM MOUNT)
(4) OSQ-BLSMF (BACK LIGHT SHIELD)
(4) SSS-4-11-25-CW-BS-1D-C-XX(25' X 4" X 11ga STEEL SQUARE POLE) MH: 12
4M-W
MH: 12
4M-W
MH: 12
4M-W
MH: 12
4M-W 4M-W
MH: 12
MH: 12
4M-W
MH: 12
4M-W
MH: 25
4MEB
MH: 25
4MEB
MH: 16
A
MH: 25
2MEB
MH: 25
4MEB
MH: 12
C
PWY-3M
MH: 3.5
PWY-3M
MH: 3.5
MH: 3.5
PWY-3M
PWY-3M
MH: 3.5
PWY-3M
MH: 3.5MH: 3.5
PWY-3M
MH: 3.5
PWY-3M PWY-3M
MH: 3.5
PWY-3M
MH: 3.5

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.6 0.2 0.1 0.1 0.4 0.3 0.1 0.1 0.1 0.1 0.2 0.4 0.1 0.1 0.1 0.1 0.6 0.1 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 1.0 10.5 4 0.2 0.5 11.2 5.5 0.4 0.4 4.9 11.0 0.5 0.1 0.1 10.9 0.9 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 5.9 0.2 0.1 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.4 0.0 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.6 0.6 0.1 0.1 0.0 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 9.1 0.1 0.0 0.0 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 1.8 0.1 0.1 0.1 0.0 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.6 0.4 0.3 0.1 0.1 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 1.0 1.4 0.4 0.1 0.1 0.0

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 1.1 1.3 0.6 0.2 0.1 0.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.3 1.7 1.3 0.6 0.2 0.1 0.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 2.1 2.7 1.5 0.5 0.2 0.1 0.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 1.5 2.5 0.6 0.4 0.2 0.1 0.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 1.1 2.5 0.4 0.3 0.2 0.1 0.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 1.0 2.2 0.5 0.3 0.2 0.2 0.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.7 1.3 0.7 0.4 0.3 0.2 0.1

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.5 0.9 1.2 0.6 0.3 0.2 0.2

0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.5 1.0 1.6 0.8 0.4 0.3 0.2

0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.6 4.3 2.0 0.9 0.5 0.3 0.2

0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.3 0.5 2.6 2.3 1.1 0.6 0.4 0.2

0.0 0.0 0.0 0.0 0.1 0.2 0.2 0.3 0.5 0.3 0.2 0.3 3.1 1.7 1.1 2.6 1.4 0.7 0.3 0.2

0.0 0.0 0.0 0.1 0.2 0.4 0.5 1.3 10.3 1.8 0.5 0.8 8.2 2.9 1.5 0.6 0.3 0.2

0.0 0.0 0.1 0.1 0.4 1.1 1.0 1.4 2.8 1.2 0.6 0.3 0.2

0.0 0.1 0.1 0.1 1.0 2.0 2.3 1.1 0.6 0.3 0.2

0.0 0.1 0.1 0.2 1.4 2.2 2.9 2.2 1.1 0.5 0.3 0.1

0.1 0.1 0.2 0.5 2.1 2.9 0.9 0.7 0.8 1.3 1.7 2.1 2.7 3.9 3.9 3.9 2.8 2.5 2.2 1.8 1.5 1.6 2.1 3.2 2.7 3.0 3.1 2.7 2.6 2.1 1.0 0.5 0.2 0.1

0.1 0.1 0.2 1.1 2.5 1.2 0.9 0.6 0.5 0.5 0.6 0.7 1.0 1.2 1.4 1.3 1.1 1.0 0.9 0.7 0.7 0.8 0.9 1.1 1.2 1.7 2.0 1.4 0.9 0.7 0.5 0.3 0.1 0.1

0.0 0.1 0.2 1.2 2.3 1.1 0.8 0.5 0.3 0.2 0.2 0.2 0.3 0.4 0.5 0.4 0.4 0.3 0.3 0.3 0.3 0.3 0.3 0.3 0.4 0.4 0.4 0.3 0.2 0.2 0.1 0.1 0.1 0.1

0.0 0.1 0.1 1.4 2.3 2.2 3.2 1.9 1.2 1.0 0.7 0.4 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.0 0.0

0.0 0.0 0.1 1.2 2.0 2.1 2.4 2.0 1.2 0.8 0.5 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0

0.0 0.0 0.2 0.7 0.9 1.0 1.2 1.7 1.1 0.6 0.3 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0

0.0 0.0 0.1 0.3 0.4 0.5 0.5 0.8 0.7 0.4 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0

0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.3 0.4 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 23 25 26 27 25 23 25 27 27 27 27 25 23 25 27 27 27 27 25 23 25 26 26 25 24 2 9 32 33 33 31 29 31 34 34 35 34 31 29 31 34 34 35 34 31 29 31 33 33 32 30 30 33 34 35 33 30 32 35 36 36 36 33 30 32 35 36 36 36 33 30 32 35 35 33 31 30 33 34 35 33 31 32 36 36 36 36 33 31 32 36 36 36 36 33 31 32 35 35 33 31 32 36 37 38 35 33 35 38 39 39 39 36 33 35 38 39 39 39 36 33 35 38 38 36 34 34 37 38 39 37 34 36 39 40 40 40 37 34 36 40 40 40 40 37 34 36 39 39 38 35 31 34 36 36 34 32 33 36 37 37 37 34 32 34 37 38 37 37 35 32 34 37 36 35 33 30 34 35 35 33 31 33 36 37 36 36 34 31 33 36 37 37 37 34 32 33 36 36 35 32 30 33 35 35 32 30 32 35 35 36 35 32 30 32 35 36 36 36 33 31 32 35 35 34 32 26 28 29 29 27 25 26 29 29 29 29 27 25 26 29 30 30 30 28 26 27 29 29 28 26

1.4 0.4 0.4 0.3 0.4 0.6 0.7 0.7 0.6 0.5 0.6 0.8 0.8 0.6 0.3 0.2 0.3 0 .3 0.3

1.4 0.1 0.1 0.3 0.5 0.8 1.2 1.3 1.5 1.4 1.5 1.4 1.2 0.9 0.5 0.2 0.1 0.1 0.0

0.5 0.2 0.2 0.4 1.2 2.1 2.6 3.1 3.1 3.6 3.8 2.9 2.9 2.4 1.0 0.4

7.3 0.3 0.3 0.3 0.4 0.7 1.6 3.9 4.3 6.8 4.7 5.9 6.1 7.7 5.2 3.9 1.6 0.9 0.2

3.0 0.6 0.6 0.6 0.8 1.5 3.4 6.3 4.0 5.7 4.6 5.6 5.1 5.4 5.4 3.7 0.9 0.2

1.1 1.2 1.1 1.2 1.7 2.8 9.5 3.9 3.0 0.8 0.5

2.1 2.4 2.2 2.4 2.3 3.6 13.4 1.7

1.9 2.3 2.8 3.1 2.0 3.0 10.2 3.6

2.2 3.3 3.3 2.3 1.8 2.1 3.5 4.3

2.8 2.2 1.8 1.7 2.1 3.0 9.6 21.6 24.5 23.9 17.4 5.7 5.0 2.5

3.5 2.5 1.8 1.7 1.6 2.0 3.8 6.7 7.7 7.6 6.1 4.0 4.9 0.8

2.9 3.3 2.2 1.8 1.6 1.7 2.0 2.4 2.7 2.7 2.7 3.5 3.2 2.5 0.7 0.6 0.5

2.4 2.8 3.1 2.7 2.5 2.4 2.5 2.6 2.6 2.7 2.8 2.6 2.5 2.1 1.6 1.2 0.9

2.0 2.9 4.6 5.3 5.4 5.3 5.5 5.5 5.4 5.4 5.5 5.3 5.1 4.9 4.3 3.1 1.7

2.4 5.3 11.1 14.4 14.6 13.9 15.1 15.2 14.0 14.5 15.4 14.6 13.7 14.4 13.2 8.7 3.6

3.2 9.4 18.3 6.1

3.8 10.7 20.1 7.2

3.9 11.6 22.6 8.1

3.7 10.8 21.1 7.8

1.3 1.7 3.5 9.6 18.4 6.8

0.8 0.7 0.7 1.0 1.1 1.6 2.8 5.0 7.9 12.7 15.5 15.6 14.0 14.3 13.9 12.6 13.2 14.0 14.6 14.1 14.3 13.1 9.3 5.6

1.7 1.4 1.4 1.1 0.8 0.9 1.4 2.4 3.6 3.8 5.1 6.6 7.3 7.1 7.3 7.1 6.1 5.4 5.2 5.6 6.3 7.2 7.1 6.1 5.3 4.6

2.6 2.7 1.8 1.2 0.9 0.9 1.4 2.1 2.6 2.3 3.3 3.7 4.1 3.6 3.9 3.9 3.3 2.8 2.6 2.9 3.8 4.1 4.6 4.5 4.6

3.1 3.1 2.1 1.3

3.1 2.1 1.7

3.4 2.0 1.6
Luminaire Schedule
Symbol Qty Label Arrangement LMF Lum. Lumens Lum. Watts Part Number 1 2MEB SINGLE 1.000 13286 130 OSQ-A-NM-2ME-K-57K-XX-XX w/OSQ-DAXX OSQ-BLSMF 7 4M-W SINGLE 0.970 4270 31 XSPW-B-WM-4ME-4L-57K-UL-XX
3 4MEB SINGLE 1.000 13286 130 OSQ-A-NM-4ME-K-57K-XX-XX w/OSQ-DAXX OSQ-BLSMF Calculation Summary (Footcandles calculated using predicted lumen values @ 50K hrs of operation) Label Units Avg Max Min Avg/Min Max/Min
CANOPY
24 A SINGLE 0.980 12825 91 CPY250-B-DM-D-13L-UL-WH-57K-HZ Fc 32.93 40 23 1.43
N.A. N.A.

SITE CALCS Fc 0.43 11.2 0.0 N.A. N.A.
8 C SINGLE 0.980 4520 31 CPY250-B-DM-D-C-UL-WH-57K-HZ
9 PWY-3M SINGLE 1.000 1442 22 PWY-EDG-3M-P4-02-E-UL-350-57K

1.74 PAVED AREA Fc 4.45 24.5 0.0
0 .2
0 .2
2 .3
2 .3
E16

FLOOR PLAN NOTES

KEYNOTES

1. SOFFIT/ BULKHEAD OUTLINE ABOVE.

2. WARNING LAMP INCLUDING 15 FT CABLE AND CONNECTOR.

3. MILLWORK TO BE PROVIDED BY MILLWORK VENDOR.

4. MOP SINK, REFERENCE PLUMBING DRAWINGS.

5. ELECTRICAL PANELS/EQUIPMENT

6. STEEL COLUMN, REFERENCE STRUCTURAL DRAWINGS.

7. PROVIDE 4" MIN. AIR GAP BETWEEN CMU & FRAMING.

8. ROOF ACCESS LADDER.

9. FLOOR TRENCH OR DRAIN, REF. PLUMBING DRAWINGS. SLOPE FLOORS TOWARD DRAIN AS REQUIRED.

10. FLOOR SINK

11. 3 COMPARTMENT SINK

12. HAND-WASHING SINK

13. NO SUBSTRATE CMU SIDE OF WALL FRAMING @ CHASE.

14. FIRE EXTINGUISHER LOCATION.

15. EXPANDABLE FILLER TO MATCH ADJACENT EXTERIOR WALL FINISH.

16. VEEDER ROOT REFER TO ELECTRICAL DRAWINGS.

17. DISPLAY AND SIGNAGE WALL. GC TO PROVIDE ELECTRICAL, PLUMBING AND DRAINS INSIDE WALL FOR FUTURE EXTENSION.

18. FIRE DEPT. KEY BOX LOCATION; SEE "LIFE SAFETY & ACCESSIBILITY PLAN" FOR FURTHER INFORMATION.

19. DESIGNATED ALCOHOLIC BEVERAGE DISPLAY. COOLERS TO BE

SECURED/LOCKED TO PREVENT ACCESS TO THE CONTENTS BY THE GENERAL PUBLIC BETWEEN THE HOURS OF 10 PM AND 10 AM. GC &

WALK-IN VENDOR TO COORDINATE W/ UP AND AHJ ON QUANTITY
AND LOCATION OF ADDITIONAL LOCKS.

20. TEMPERED BEER CAVE GLAZING & DOORS W/ ALUMINUM

ZERO-THRESHOLD TRANSITION STRIP PROVIDED BY ANTHONY &
INSTALLED BY L&M SERVICES PER DEFERRED SUBMITTAL.

21. CATCH BASIN

22. SPLASH GUARD PROVIDED BY MILLWORK VENDOR.

23. 36" GATE PROVIDED BY MILLWORK VENDOR.

24. GC TO FOLLOW NSF INTERNATIONAL STANDARDS: WALK-IN WALLS TO BE COMPLETELY FLASHED TO THE BUILDING'S WALLS & CEILINGS.

EXPOSED BATTEN-TYPE CONSTRUCTION NOT APPROVED BY HEALTH DEPARTMENT.

25. NOT USED

26. IN LIEU OF VESTIBULE, PROVIDE AMCA-CERTIFIED AIR CURTAIN ABOVE DOOR. SEE MECH DWGS.

27. EMERGENCY SHUT-OFF .

A. DIMENSIONS ARE TO BE TO FACE OF SUBSTRATE ON EXTERIOR TO FACE OF FRAMING ON INTERIOR, U.N.O.

B. ALL THRESHOLDS SHALL BE NO HIGHER THAN 1/2" AND BEVELED EDGES WITH THE SLOPE BEING NO GREATER THAN 1:2.

C. ALL PENETRATIONS OF THE BUILDING ENVELOPE SHALL BE CAULKED OR OTHERWISE SEALED TO PREVENT INFILTRATION.

D. ALL DOORS TO BE OPERABLE FROM THE INSIDE WITHOUT THE USE OF A KEY, SPECIAL KNOWLEDGE OR EFFORT. ALTERNATIVELY AT DOOR AT

MAIN ENTRY ONLY, PROVIDE A READILY VISIBLE AND DURABLE SIGN ADJACENT TO OR ON THE DOOR STATING THAT "THIS DOOR SHALL REMAIN UNLOCKED WHENEVER THE BUILDING IS OCCUPIED" WITH LETTERS ON CONTRASTING BACKGROUND AND MIN. 1" HIGH. SEE DOOR NOTES ON DOOR SCHEDULE.

E. PRIOR TO START OF FRAMING: GENERAL CONTRACTOR SHALL VERIFY ALL

FRAMING REQUIREMENTS FOR MECHANICAL EQUIPMENT, MECHANICAL

CHASES, PLENUMS, CABINETS, AND OTHER CONSTRICTION ELEMENTS

WITHIN THIS BUILDING NOT SPECIFICALLY DETAILED IN THESE CONSTRUCTION DOCUMENTS.

F. ALL INTERIOR FINISHES SHALL BE CLASS C FOR FLAME SPREAD AND SMOKE DEVELOPMENT REQUIREMENTS PER FIRE CODE.

G. IT IS THE GENERAL CONTRACTOR'S RESPONSIBILITY TO COORDINATE,

LOCATE, AND CONFIRM ALL UNDER GROUND PLUMBING AND
ELECTRICAL INFORMATION.

H. ALL FINISHES AND FINISH MATERIALS, COLORS, OR TEXTURES SHALL BE

SUBMITTED TO AND APPROVED BY ARCHITECT PRIOR TO INSTALLATION, FABRICATION, OR ORDERING.

I. THE GENERAL CONTRACTOR IS TO INCLUDE IN HIS BID THE HIGHEST

QUALITY AND GREATEST QUANTITY FOR THE PURPOSE OF RESOLVING

ANY CONFLICTS IN THE CONSTRUCTION DOCUMENTS WHICH ARE
IMPLIED OR UNDEFINED.

J. ASSUMED FINISHED FLOOR ELEVATION: 0'-0" ACTUAL FINISH FLOOR ELEVATION. VERIFY WITH CIVIL PLANS.

K. G.C. TO CAULK AND SEAL ALL EXPANSION JOINTS AT ALL
EXTERIOR/INTERIOR CONCRETE. SEE SPECIFICATIONS.

L. ALL GLAZING (GLASS) SUBJECT TO HUMAN IMPACT OR IN A HAZARDOUS

LOCATION SHALL BE SAFETY GLAZED (TEMPERED) PER THE REQUIREMENTS OF CHAPTER 24 IN THE 2019 CALIFORNIA BUILDING CODE.

M. ALL VALVES AND CONTROLS SHALL HAVE SIGNS OR LABELS.

N. ALL PIPING SHALL HAVE IDENTIFICATION AND DIRECTION OF FLOW.

O. ALL SIGNAGE SHALL BE IN ACCORDANCE WITH THE LOCALLY ADOPTED BUILDING AND ACCESSIBILITY CODES.

P. G.C. TO VERIFY ALL DOOR FRAME WIDTHS. COORDINATE WITH WALL TYPE SCHEDULE FOR WALL THICKNESS. REFER TO DOOR SCHEDULE.

Q. STOREFRONT WINDOW GRAPHICS TO BE FURNISHED AND INSTALLED BY UNITED PACIFIC.

R. G.C. TO PROVIDE PAINTED FIRE RATED PLYWOOD @ ELECTRICAL ROOM FLOOR TO 8'-6" A.F.F.

S. IF NOT DIMENSIONED, LOCATE HINGE SIDE OF DOOR 5" (FRAME 2") AWAY FROM ADJACENT WALL.

T. CASEWORK TO BE PROVIDED AND INSTALLED BY MILLWORK VENDOR.

SHOWN ON PLAN FOR REFERENCE ONLY.

U. RESTROOM INTERIOR WALLS SHALL CONSIST OF GREEN-MOISUTURE . 107A

WALK-IN
COOLER
105

ALL-GENDER RR
104

ALL-GENDER RR
109

CAR WASH
110
EQUIP.

ROOM
111
ELECT.

ROOM
101
RETAIL
SALES
106

STORAGE
108

WALK-IN

FREEZER
107B

BEER CAVE
102

CASHIER
TS
FE
FE
2 2
1 1
D
B
C
3 6
AA
3 54
D
4 5 6
FE

FLOOR PLAN LEGEND
SCALE:

FLOOR CONSTRUCTION PLAN
1 3/16" = 1'-0" 45'-4"

WOOD FRAMED WALL

CONCRETE MASONRY WALL

FREEZER/ COOLER WALL, REFER TO

MANUFACTURER SPECIFICATIONS
NOTE: 2" AIR GAP BETWEEN

COOLER/FREEZER WALL AND

WOOD FRAMED WALL PER
COOLER VENDOR, TYP.
54'-6"
HEALTH NOTE: ALL EXTERIOR DOORS

INCLUDING RESTROOM DOORS SHALL BE

EQUIPPED WITH SELF-CLOSING MECHANISMS
64'-3 1/2"
28 9
9 9
12 1
6 6
6 6
5 6
1 6 6
18 7
76'-2"
46'-0"
25'-4"
45'-4"
8'-0"16'-8"
13'-2"
9'-6"7'-1 1/2" 5'-3"
4'-0"
R.O.
11'-10"
R.O.
12'-0"
8'-8 1/4"
16'-0"29'-4"
10'-0"
M.O.
3'-4"
7'-4"10'-0"
M.O.
3'-4"
5'-9 1/4"
10'-0"
4 1/2" 11'-10"
R.O.
11'-10"
R.O.
26'-3 1/8"
4"
3'-4"
M.O.
1'-4"
12'-6"
58'-6"
25'-4" 76'-11 1/2"
12'-5 3/4"4"
16" 6'-4"
M.O.
14'-0"
R.O.
5 1/2"
5 1/2"
1'-6"
3'-9"13"
6'-10 7/8"
5'-9 1/8" 6'-1 5/8"
9'-6 1/2"9'-5 1/4"
25'-1" 14'-4 1/2" 24'-2 3/4"
22'-6" 53'-8"
20 6
19'-3 1/4"
12 6
8 2
3 4
3 3
3 3
22 23
9 24
24 24
4 1/2" 4 1/2" 4 1/2"
10'-7 1/2"
27 27
26 3
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
-
-
-
Preliminary Not For Construction

C-STORE FLOOR PLAN
17 E17
SCALE:

ROOF PLAN
1 3/16" = 1'-0"
H.P.

L.P.L.P.

L.P.

L.P.

H.P.

H.P.H.P.

H.P.

L.P.L.P.

H.P. H.P.

H.P.

H.P.H.P.

T.O. PARAPET
25'-5 1/2"
17'-2"
21'-3"
8 4
11 4
4 EF-1
SLOPE
1/4" PER FOOTSLOPE
1/4" PER FOOT
SLOPE
1/4" PER FOOT
10 TYP
8 7
8 16
11 10
TYP
11 10
TYP
19 11
14 11
SLOPE
1/4" PER FOOT
SLOPE
1/4" PER FOOT
SLOPE
1/4" PER FOOT
14 1
8 11
6 12
18 5
SLOPE
1/4" PER FOOT
14 1
1 1333
9 10
TYP
2 2 7
17 4
4 15
SLOPE
1/4" PER FOOT SLOPE
1/4" PER FOOT
8 88
TYP.
20 21
1 1
6'-0"
14'-6"
℄
℄
4 18'-10" 37'-6" 18'-10"
7 7
EQ. EQ.
7 7
T.O. PARAPET
19'-5 1/2"
T.O. PARAPET
19'-5 1/2"
T.O. PARAPET
19'-5 1/2"
T.O. PARAPET
19'-5 1/2"
T.O. PARAPET
22'-5 1/2"
T.O. PARAPET
22'-5 1/2"
T.O. PARAPET
22'-5 1/2"
T.O. PARAPET
22'-5 1/2"
7 4
8'-11"5'-5"5'-4"
7'-11"
7'-8"
7'-1"
℄
℄
℄
℄
℄
℄
23'-5 1/4" 28'-0"
8'-1 3/4"
8'-1 3/4"
℄
℄℄
℄
18 18
18 1. CRICKET WITH TAPERED INSULATION, TYP.

2. CANOPY (BELOW); REFERENCE: REFLECTED CEILING PLAN AND STRUCTURAL DRAWINGS.

3. RTU; GC TO CONFIRM & COORDINATE PER RTU SPECIFICATIONS.

REFERENCE: MECHANICAL DRAWINGS,

4. WALKING PAD TO BE A MINIMUM 30” AROUND MECHANICAL UNIT(S).

5. TPO OVER SINGLE PLY ROOFING OVER W/ 6.5" R-38 RIGID INSULATION OVER PLYWOOD SHEATHING.

6. SATELLITE DISH TO BE PROVIDED AND INSTALLED BY STATE LOTTERY. GC TO INSTALL ADJACENT ROOF PENETRATION PER DETAIL 5/A-141, AND PROVIDE A VMP NON-PENETRATING ROOF MOUNT FOR 30" MAST W/

1.66" OD (FRM-166) OR APPROVED EQUAL. GC TO PROVIDE 8
STANDARD CMU BLOCKS AS BALLAST.

7. BACKLIT SIGN BY OTHER; DEFERRED SUBMITTAL.

8. WALL PACK LIGHTS, TYP.

9. PLUMBING VENT;

10. PRE-FINISHED METAL CAP FLASHING

11. EMERGENCY LIGHTING

12. ROOF ACCESS HATCH

13. EXHAUST DUCT

14. ROOF DRAIN AND OVERFLOW

15. ROOF ACCESS LADDER

16. CAR WASH "SWOOSH" FASCIA.

17. SATELLITE CONDUIT

18. CONDENSING UNIT BY WALK-IN COOLER/FREEZER VENDOR

19. ROOF MOUNTED EXHAUST FAN SERVING CAR WASH EQUIPMENT ROOM

20. FUTURE SOLAR ZONE PER TITLE 24 PART 9 (OR AS REQUIRED BY AHJ), AT 15% OF BUILDING AREA OR 483 SF.

21. FUTURE SOLAR ZONE PER TITLE 24 PART 9 (OR AS REQUIRED BY AHJ), AT 15% OF BUILDING AREA OR 176 SF.

KEYNOTES

NOT ALL KEYNOTES BELOW
MAY BE USED; REFER TO PLAN.

ROOF PLAN LEGEND

DIRECTION OF ROOF SLOPESLOPE
HIGH POINT OF ROOF SLOPEH.P.

LOW POINT OF ROOF SLOPEL.P.

Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY

PRELIMINARY ROOF PLAN
18 E18

T/PARAPET
ELEV. +X'-X"

T/PARAPET
ELEV. +X'-X"
2 A201
2 A202
1 A202
SCALE:

FRONT ELEVATION1 3/16" = 1'-0"
SCALE:

REAR ELEVATION2 3/16" = 1'-0"
1 6
1 A201
2 3 4 5
2345
6 1
T.O. CMU AT CAR WASH PARAPET
22'-4"
T.O. CAR WASH OPENING
10'-0"
T.O. STUD FRAMING AT PARAPET
19'-4"
A. BUILDING SIGNAGE IS NOT INCLUDED IN THE BUILDING PERMIT AND SHALL REQUIRE A SEPARATE PERMIT PRIOR TO INSTALLATION.

B. SIGNAGE VENDOR TO SUBMIT FINAL SIGNAGE DRAWINGS TO ARCHITECT FOR REVIEW & APPROVAL PRIOR TO FABRICATION.

C. G.C. SHALL COORDINATE ALL ELECTRICAL REQUIREMENTS AND

BLOCKING AS REQUIRED TO MOUNT SIGNAGE TO BUILDING W/
SIGNAGE VENDOR/ MANUFACTURER.

D. NOT USED
E. NOT USED
F. G.C. TO SUBMIT SAMPLES OF ALL EXTERIOR FINISHES, WHETHER

SCHEDULED OR UNSCHEDULED, TO ARCHITECT & OWNER FOR REVIEW & APPROVAL PRIOR TO PURCHASE & INSTALLATION.

G. ALL EMERGENCY LIGHTING @ DOORS TO BE CENTERED 16" MIN. ABOVE UNLESS NOTED OTHERWISE; REF. ELECTRICAL.

H. PROVIDE KNOX BOX WHERE REQUIRED BY JURISDICTION PURCHASED FROM LOCAL FIRE DEPARTMENT. MOUNT PER CODE REQUIREMENTS.

I. ALL EDGES OF COMPOSITE PANELED AREAS TO TERMINATE WITH CORNER MOLD BY MANUFACTURER; SEE DETAILS ON A-700 SERIES.

J. COMPOSITE PANELS ARE TO BE INSTALLED VERTICALLY; SUBSTRUCTURE TO BE INSTALLED PER MANUFACTURER'S INSTRUCTIONS.

K. ALL EXTERIOR LIGHTING TO BE CENTERED BETWEEN PANEL JOINTS &WALL.

L. ALL JOINT LOCATIONS FOR EXTERIOR MATERIALS TO BE APPROVED BY AOR.

1. METAL/EFIS CANOPY/SWOOSH

2. ILLUMINATED EXTERIOR SIGNAGE BY OTHERS (UNDER SEPARATE PERMIT). GC TO PROVIDE J-BOX WITH PULL STRING. COORDINATE

LOCATION OF KNOX-BOX AND BLOCKING WITH SIGNAGE VENDOR
PRIOR TO INSTALL.

3. PREMANUFAC SNAP-ON COPING SYSTEM BY METAL ERA.

4. EXTERIOR LIGHTING, TYPICAL, REFER TO ELECTRICAL PLANS

5. CONTROL JOINT, TYPICAL

6. HOLLOW METAL DOORS

7. RECESSED LED LIGHTING. REFER TO ELECTRICAL DRAWINGS.

8. 4"x12" SNAP-ON METAL FASCIA BY METAL ERA, FINISH TO MATCH MC-1.

9. RECESSED WALL

10. SPANDREL GLAZING AT AIR CURTAIN LOCATION.

11. 12" CONCRETE PLANTER CURB FOR CANE DETECTION BARRIER TO 4" BELOW INTENDED LANDSCAPE ELEVATION; CONNECT TO STORM
DRAINAGE; SEE LANDSCAPE DWGS FOR ADDITIONAL INFO.

12. EXTERIOR-RATED OUTLET PER ELECTRICAL DRAWINGS

13. EMERGENCY GAS SHUT-OFF SWITCH PER ELECTRICAL DRAWINGS

14. OVERFLOW DOWNSPOUT PER PLUMBING DRAWINGS

15. BOLLARD PER PLAN, REFERENCE CIVIL DRAWINGS

16. OUTLINE OF RTUS; SCREENED FROM VIEW BELOW BY BLDG PARAPET

17. BLDG PARAPET

18. FIRE DEPARTMENT KEY BOX LOCATION; SEE "LIFE SAFETY & ACCESSIBILITY PLAN" FOR FURTHER INFORMATION .

19. 12"H X4"D EIFS BANDING WITH (3) LED LIGHT REVEALS.

20. 3/4"X1" AESTHETIC REVEAL. DOUBLE WRAP EIFS REINF. MESH ON EACH SIDE OF REVEAL, SLOPE AT BOTTOM.

EXTERIOR ELEVATION NOTESKEYNOTES

T T T T T T TTTT
16 19
5 TYP
5 TYP
1 1
73 TYP
3 TYP
#
2 6
2 6
T.O. FASCIA BANDING
15'-0"
T T TT
1213
1213
12 2
2 2
11 STONE
MP-2MP-3 CP-1
CP-1
MP-3 CP-1
SF-1
ST-4
STONE
ST-4
B.O. WALL SCONCE
9'-0"
MP-3MP-2
16 17
18 ST-4
1 T.O. CONC SLAB ON GRADE
0'-0"
20 STONE
T.O. CMU AT CAR WASH PARAPET
22'-4"
T.O. CONC SLAB ON GRADE
0'-0"
10 4
TYP
4 TYP
4 TYP
1414
17 15
TYP
15 TYP
T.O. STUD FRAMING AT TOWER
25'-5-1/2"
B.O. STUD FRAMING AT CANOPY
15'-6" AT HIGH END
T.O. CONC SLAB ON GRADE
0'-0"
T.O. CONC SLAB ON GRADE
0'-0"
T.O. CAR WASH PARAPET
22'-5-1/2"
4 TYP
3 TYP
3 TYP
MP-3 MP-3 MP-3 MP-3
MP-3
MP-3 CP-1
MP-2
MP-2 MP-2
MP-3
MP-2 MP-2 MP-2
MP-1
MP-1
9 ROOF
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY

COLOR LEGEND

MATERIAL LEGEND

PRELIMINARY EXTERIOR ELEVATIONS
19 E19
2 1
A. BUILDING SIGNAGE IS NOT INCLUDED IN THE BUILDING PERMIT AND SHALL REQUIRE A SEPARATE PERMIT PRIOR TO INSTALLATION.

B. SIGNAGE VENDOR TO SUBMIT FINAL SIGNAGE DRAWINGS TO ARCHITECT FOR REVIEW & APPROVAL PRIOR TO FABRICATION.

C. G.C. SHALL COORDINATE ALL ELECTRICAL REQUIREMENTS AND

BLOCKING AS REQUIRED TO MOUNT SIGNAGE TO BUILDING W/
SIGNAGE VENDOR/ MANUFACTURER.

D. NOT USED
E. NOT USED
F. G.C. TO SUBMIT SAMPLES OF ALL EXTERIOR FINISHES, WHETHER

SCHEDULED OR UNSCHEDULED, TO ARCHITECT & OWNER FOR REVIEW & APPROVAL PRIOR TO PURCHASE & INSTALLATION.

G. ALL EMERGENCY LIGHTING @ DOORS TO BE CENTERED 16" MIN. ABOVE UNLESS NOTED OTHERWISE; REF. ELECTRICAL.

H. PROVIDE KNOX BOX WHERE REQUIRED BY JURISDICTION PURCHASED FROM LOCAL FIRE DEPARTMENT. MOUNT PER CODE REQUIREMENTS.

I. ALL EDGES OF COMPOSITE PANELED AREAS TO TERMINATE WITH CORNER MOLD BY MANUFACTURER; SEE DETAILS ON A-700 SERIES.

J. COMPOSITE PANELS ARE TO BE INSTALLED VERTICALLY; SUBSTRUCTURE TO BE INSTALLED PER MANUFACTURER'S INSTRUCTIONS.

K. ALL EXTERIOR LIGHTING TO BE CENTERED BETWEEN PANEL JOINTS &WALL.

L. ALL JOINT LOCATIONS FOR EXTERIOR MATERIALS TO BE APPROVED BY AOR.

1. METAL/EFIS CANOPY/SWOOSH

2. ILLUMINATED EXTERIOR SIGNAGE BY OTHERS (UNDER SEPARATE PERMIT). GC TO PROVIDE J-BOX WITH PULL STRING. COORDINATE

LOCATION OF KNOX-BOX AND BLOCKING WITH SIGNAGE VENDOR
PRIOR TO INSTALL.

3. PREMANUFAC SNAP-ON COPING SYSTEM BY METAL ERA.

4. EXTERIOR LIGHTING, TYPICAL, REFER TO ELECTRICAL PLANS

5. CONTROL JOINT, TYPICAL

6. HOLLOW METAL DOORS

7. RECESSED LED LIGHTING. REFER TO ELECTRICAL DRAWINGS.

8. 4"x12" SNAP-ON METAL FASCIA BY METAL ERA, FINISH TO MATCH MC-1.

9. RECESSED WALL

10. SPANDREL GLAZING AT AIR CURTAIN LOCATION.

11. 12" CONCRETE PLANTER CURB FOR CANE DETECTION BARRIER TO 4" BELOW INTENDED LANDSCAPE ELEVATION; CONNECT TO STORM
DRAINAGE; SEE LANDSCAPE DWGS FOR ADDITIONAL INFO.

12. EXTERIOR-RATED OUTLET PER ELECTRICAL DRAWINGS

13. EMERGENCY GAS SHUT-OFF SWITCH PER ELECTRICAL DRAWINGS

14. OVERFLOW DOWNSPOUT PER PLUMBING DRAWINGS

15. BOLLARD PER PLAN, REFERENCE CIVIL DRAWINGS

16. OUTLINE OF RTUS; SCREENED FROM VIEW BELOW BY BLDG PARAPET

17. BLDG PARAPET

18. FIRE DEPARTMENT KEY BOX LOCATION; SEE "LIFE SAFETY & ACCESSIBILITY PLAN" FOR FURTHER INFORMATION .

19. 12"H X4"D EIFS BANDING WITH (3) LED LIGHT REVEALS.

20. 3/4"X1" AESTHETIC REVEAL. DOUBLE WRAP EIFS REINF. MESH ON EACH SIDE OF REVEAL, SLOPE AT BOTTOM.

EXTERIOR ELEVATION NOTESKEYNOTES #
3MP-3 CP-1
SCALE:

CONVENIENCE STORE SIDE ELEVATION1 3/16" = 1'-0"
SCALE:

CARWASH SIDE ELEVATION2 3/16" = 1'-0"
D
A
C A
B D
T.O. CAR WASH PARAPET
22'-5-1/2"
T.O. PARAPET
19'-5-1/2"
5 TYP
1 19
3 TYP
16 5
4 CP-1
MP-3
STONE
CP-1
ST-4
MP-2 STONE
CP-1
ST-4
SIM.

MP-3
6 12
B.O. WALL SCONCE
9'-0"
15 4
3 TYP
2 16
2 A201
2 A202
1 A202
1 A201
T.O. CMU AT CAR WASH PARAPET
22'-4"
T.O. CAR WASH OPENING
10'-0"
T.O. FASCIA BANDING
15'-0"
B.O. WALL SCONCE
9'-0"
T.O. CONC SLAB ON GRADE
0'-0"
20 B.O. STUD FRAMING AT CANOPY
15'-6" AT HIGH END
7 11
14 7
T.O. CONC SLAB ON GRADE
0'-0"
T.O. CAR WASH PARAPET
22'-5-1/2"
T.O. FASCIA BANDING
15'-0"
3 TYP
MP-2 MP-2STONESTONE
MP-3
MP-2 9
ROOF
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY

PRELIMINARY EXTERIOR ELEVATIONS
20 E20
9 16 14
10 56 12
1 3
43 87 1211
1314
1615
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
C
89465
ET
S
AT

OF OLA FI
AINR

C I V I L
KACEY C. HELD

LICENSED PROFESS IONAL ENGINEER
A
B
D
C
E21
Preliminary Not For Construction
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY
E22
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY

CANOPY SIGNAGEDISPENSER ELEVATION

MID ELEVATION
E23
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY

CARWASH ENTER/ CLEARANCE SIGNCARWASH MENU SIGN
E24
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY

CANOPY SIGNAGE

FRONT ELEVATION SIGNAGE RIGHT SIDE ELEVATION SIGNAGE

REAR ELEVATION SIGNAGE LEFT SIDE ELEVATION SIGNAGE

SIGNAGE DETAILS
E25
UNITED PACIFIC FUEL STATION - 5200 LONE TREE WAY

REAR ELEVATION- EAST SIDE

TRASH/ RECYCLE ENCLOSURE PLAN

TRASH/ RECYCLE ENCLOSURE ROOF PLAN

SIDE ELEVATION- NORTH SIDE

SIDE ELEVATION- SOUTH SIDE

FRONT ELEVATION- WEST SIDE

SECTION
E26
From: Shelly Cole
To: Planning Division; Thorpe, Lamar; [email protected] Cc: shelly cole; [email protected]
Subject: FW: Screenshot 2022-03-28 at 9.48.11 AM
Date: Tuesday, March 29, 2022 8:01:03 AM
Attachments: Screenshot 2022-03-28 at 9.48.11 AM.png
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

To Antioch Planning Commission, Mayor Thorpe, City Council Woman Lori Ogorchock,

Please see below photo, where it says Parked Car. That is where my home is located in reference to your proposed rezoning of 5200 Lone Tree Way and installation of a car wash/gas station/convenience store. As you can guess, I am vehemently opposed to the rezoning of this property.

I have questions that I will list in order for me to keep them organized.

1. Has there been a study on the direct impact of property values of the homes that will be most affected by your rezoning and installation of a gas station/car wash/convenience store?

2. Has there been a study showing the direct impact of noise/light pollution as the direct result of the city of Antioch installation of a gas station/car wash/convenience store and the effect on property values?

3. Has there been a study of the direct impact of the homes that will be most effected due to the increase in crime that will be associated with the installation of gas station/car wash/convenience store?

4. Has there been an environmental impact study? What if the station were to catch fire/explosion in a residential neighborhood? How many people and homes could be lost?

5. Has there been any mention of compensation to the owners of the homes that property values will be impacted by the installation of gas station/car wash/convenience store?

My husband and I are going to be directly impacted by your proposed installation of said gas station/car wash/convenience store.

There are already issues with our home being so close to Lone Tree, my homes property value is minimum 10k less than homes not situated next to Lone Tree Way.

I cannot express my concern enough at how my property value will be directly affected by the City of Antioch’s poor planning. We are retiring very soon and relying on the income of the sale of our home to help finance our future.

I am an insurance agent in the City of Antioch as well as being a homeowner. People trying to insure their homes near this proposed monstrosity many not be able too as it will be within 250 feet of their homes.

They could be non-renewed or have to pay higher insurance premiums due to your not researching this. This could be a real problem for homeowners. Have you researched how it could affect them?

The noise is already unbearable and we cannot fully enjoy our backyard due to the traffic noise.

There are constant races taking place at the stop light near our home. I was told by a realtor that my home value is directly affected by the noise from Lone Tree Way and is minimum 10k less than other

ATTACHMENT F
F1
comparable homes not situated nearby. I cannot imagine how it will affect our legal right to quiet enjoyment and how much more it will devalue our property.

There is already substantial damage to our right to be free of light pollution that does affect our sleep, due to the business complex and the stop lights shining directly into our bedroom window.

It
is impossible to sleep with our windows open due to the light and noise from Lone Tree already, installing this monstrosity will be even more impactful to our rest and our right to enjoy an open window.

Had this proposed monstrosity existed in 2007 when we bought our home, we would not have bought it!

It would have been a hazard and for all the reasons I have listed above would have been reason enough for us not to purchase.

We are already suffering from living near Lone Tree, if you install this monstrosity we will suffer even more greatly.

There is a 7-11 approximately 2 blocks from this location, and several more gas stations nearby. The crime at the 7-11 will leak down the street to this new location and into a residential neighborhood, shootings, robberies, drug dealing, transients will be common place just as they are at the 7-11, is that what the City wants? There is absolutely no need for this monstrosity to be built in a residentially zoned neighborhood. Absolutely none, except for the revenue that the City of Antioch will receive. To put it bluntly the City of Antioch is putting money before its citizens, as in recent year has become commonplace.

I was born and raised in Antioch. I have seen this happen time and again to our fair city to fill its coffers, never taking into consideration the impact it will have on its citizens, it is disgraceful. This is just one more time the city is trying to take advantage of its citizens, and not taking their NEEDS into consideration.

If the City of Antioch decides to move forward I would expect all the homeowners directly affected will be substantially compensated for the direct impact to their lowered property values. I have contacted an attorney to find out what recourse I have against the City of Antioch moving forward with this ill advised venture.

Shelly Cole
Nick J. Cole
925-628-1587

F2
F3
Sent from my iPhone
F4

May 3, 2022

K e v i n S c u d e r o , S e n i o r P l a n n e r
P.O. Box 5007
Antioch, CA 94531

Re: United Pacific Gas Station (GP-21-01, PD-21-01, UP-21-02, A R-21-03) Planning Staff Report: Exhibit A: Conditions of Approval, Item 60 (hours of operation)

Kevin:

In regards to the Planning Staff Report dated April 6, 2022, Conditions of Approval, Item 60 (hours of operation) it is the request of our client, United Pacific, to be allowed to operate their Convenience Store and Carwash for 24 hours a day, 7 days a week. At the time of our application there were no rules in place that would have precluded 24-hour operation. Surrounding gas stations along Lone Tree Way are operational 24 hours a day, 7 days a week. Prior to the latest report received from planning, there was no recommendation for reduced hours of operation. Due to that, United Pacific ran their sales projections for a Convenience Store and Carwash that would be operational for 24 hours a day, 7 days a week.

Also, for safety reasons, they would prefer employees be present at the store 24 hours for increased security.

Thank you and we appreciate the Planning Commissions consideration.

Austin Colley
Director of Development
Embree Development Group, Inc.
(214) 384-0034
embreegroup.com
F5
From: Reid Enright
To: Planning Division; Scudero, Kevin; Hersch, Anne
Subject: Response to Embree letter of 5/3/2022 Agenda Item 7.2 5/4/22 meeting Date: Tuesday, May 3, 2022 4:26:33 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 5/3/2022
The 5/3/22 letter from Embree argues that because there are other 24 hr gas stations on Lone Tree that this one is just like them.

That is a false equivalency.

ALL of the other gas stations
are contiguous with other commercial developments & enterprises. This would be the ONLY free standing gas station car wash bordered by residents on three sides.

South and west on the
same block and

to the east across Vista Grande are apartments.

If their business plan calls for 24 hour operation in a neighborhood setting and the neighbors don't feel that that is appropriate, perhaps United Pacific Gas Station chose the wrong location.

And the city, being that we are trying to reduce hydrocarbons in our air and we have gone so far as to curtail oil drilling and stop the flow of petroleum products though pipelines across our city, the idea of another gas station on its face is just wrong.

Thank you,
Reid Enright
F6

CITY OF ANTIOCH

PLANNING COMMISSION

Regular Meeting May 4, 2022 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.

1. CALL TO ORDER

Chair Gutilla called the meeting to order at 6:30 P.M. on Wednesday, May 4, 2022. She announced that tonight’s meeting was being held in accordance with the Brown Act as currently in effect under AB361, which allowed members of the Planning Commission, City staff, and the public to participate and conduct the meeting by teleconference. She stated anyone wishing to make a public comment, may do so by using the raise your hand tool or 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 mail or email have been provided to the Planning Commissioners.

2. ROLL CALL

Present: Commissioners Schneiderman, Martin, Hills, Lutz, Vice Chair Riley and Chair Gutilla

Absent: Commissioner Motts
Staff: City Attorney, Thomas Lloyd Smith
Planning Manager, Anne Hersch
Senior Planner, Kevin Scudero
Community Development Technician, Hilary Brown
Minutes Clerk, Kitty Eiden

PLEDGE OF ALLEGIANCE

Chair Gutilla led the Pledge of Allegiance.

1. EX-PARTE COMMUNICATIONS

None.

ATTACHMENT G
G1
Planning Commission
May 4, 2022 Page 2 of 10

2. PUBLIC COMMENT

None.

3. CONSENT CALENDAR

6-1. Minutes of the March 16, 2022 Planning Commission Meeting

6-2. Minutes of the April 6, 2022 Planning Commission Meeting

6-3. Laurel Ranch Street Name Amendment – Amend the approved Street Name list for Laurel Ranch to include Country Hills Lane pursuant to City Council policy.

On motion by Commissioner Martin, seconded by Commissioner Schneiderman , the Planning Commission members present unanimously approved the minutes of April 6, 2022. The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Lutz, Riley, and Gutilla NOES: None
ABSTAIN: None
ABSENT: Motts

Item 6-1 was removed for further discussion.

Item 6-1 – Commissioner Martin requested the following amendment to the March 16, 2022, minutes:

• Page 1 - 4. EX- PARTE COMMUNICATIONS – the last sentence to read: “She clarified that ex-parte communications pertained to items only on the agenda.”

On motion by Commissioner Martin, seconded by Commissioner Schneiderman, the Planning Commission members present unanimously approved the minutes of March 16, 2022, as amended. The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Lutz, Riley, and Gutilla NOES: None
ABSTAIN: None
ABSENT: Motts

G2
Planning Commission
May 4, 2022 Page 3 of 10

RESOLUTION NO. 2022-08

On motion by Commissioner Martin, seconded by Commissioner Schneiderman, the Planning Commission members present unanimously approved the revised street name list for the Laurel Ranch Subdivision. The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Lutz, Riley, and Gutilla NOES: None
ABSTAIN: None
ABSENT: Motts

7. PUBLIC HEARING

7-1. UP-22-03 & Design Review T -Mobile El Campanil Wireless Facility - The applicant is seeking approval of a Use Permit and Design Review for a new roof-mounted wireless facility at 602 W 2 nd St. (El Campanil Theater). The subject site is .28 acres with an existing 10,936 sq. ft. theater built in 1928. The project scope includes two new 98 sq. ft. roof enclosures with a total of six (6) new panel ante nnas. The enclosures are proposed to face east and west and are 10 ft. in height. The enclosures have been designed to match the existing building. Supporting equipment is proposed to be ground mounted at the rear of the building and screened.

Chair Guti lla announced s taff recommend ed the Planning Commission continue the project to a date certain of May 18, 2022.

Chair Gutilla opened and closed the comment period with no members of the public requesting to speak.

Planning Manager Hersch requested that this item be tabled to allow staff time to work with the applicant on a minor amendment to the application request. She stated they would be sending out new public hearing notices and anticipate bringing this item back in early June.

On motion by Commissioner Riley, seconded by Commissioner Martin, the Planning Commission unanimously tabled the Use Permit and Design Review for the T-Mobile El Campanil Wireless Facility. The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Lutz, Riley, and Gutilla NOES: None
ABSTAIN: None
ABSENT: Motts

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7-2. GP-21-01, PD-21-01, UP-21-02, AR-21-03 – United Pacific Gas Station – The applicant is requesting approval of a Mitigated Negative Declaration, General Plan Amendment, Rezone to Planned Development, Final Development Plan, Use Permit and Design Review for the development of a Gas Station, Car Wash and Convenience Store at 5200 Lone Tree Way .

The subject site is approximately 2 acres and is located at the southwest corner of Lone Tree Way and Vista Grande Drive. There are existing, unoccupied buildings onsite which are proposed to be demolished and a new 3,500 sq. ft. convenience store, 1,125 sq. ft. carwash and eight (8) gas pumps (16 fuel stations total) are proposed. Site improvements, fencing and landscaping are also proposed.

Planning Manager Hersch presented the staff report dated May 4, 2022, recommending the Planning Commission adopt the following resolutions recommending the City Council approve the following: Mitigated Negative Declaration , General Plan Amendment , Rezone to Planned Development and Final Development Plan including a Use Permit and Design Review request.

In response to Commissioner Martin, Senior Planner Scudero confirmed that there was a business park to the north of this project. With regards to the restricted left hand turn on Vista Grande Drive, he explained a center median would restrict left hand tur ns.

Environmental Consultant Trevor Macensk i explained that a turning radius template prepared as part of the site plan, displayed the circulation plan for the site.

In response to Commissioner Schneiderman, Senior Planner Scudero stated the most recent use permits for gas stations with convenience stores were 24-hour operations; however, they were not located near residential development. He noted there were different standards when the older stations were approved next to residential areas.

Commissioner Schneiderman felt the convenience store next to the apartments would be convenient for tenants and suggested an 11:00 P.M. closure may be more appropriate.

In response to Commissioner Schneiderman, Senior Planner Scudero explained that a noise analysis was done as part of the environmental review.

Trevor Macenski explained the carwash orientation directed the blowers toward the public roadway. He noted the block wall on the north and west side also provided acoustical retention.

In response to Commissioner Lutz, Senior Planner Scudero stated he did not know why the property was not sold as part of the adjacent residential development . Trevor Macenski added that based on records and an evaluation provided by a historian it was determined the existing structure added no significant value to the cultural heritage of the community.

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In response to Commissioner Hills, Trevor Macenski explained the turning movement analysis as it related to ingress and egress. He also noted a turn pocket on Lone Tree Way would allow for a U-turn.

In response to Vice Chair Riley, Trevor Macenski explained the purpose of the raised curb to the west side was for emergency vehicle travel. He noted there was nothing on the site plan that would prohibit non-emergency vehicular traffic from utilizing the area.

Vice Chair Riley stated he liked that the vegetation plan on the south side of the property would provide residents with a green fence.

Jeff Ferrell, Project Manager for Embree Asset Group, Inc., introduced Joel Keller, Pete Tobin, and Austin Colley as members of their development team. He gave a history of the project and stated they were appreciative of the city’s willingness to work with them to bring their application forward.

Joel Keller gave an overview of their community outreach efforts. He reported that neighbors voiced concerns regarding the current condition of the site, and he discussed Code Enforcement and the Antioch Police Department’s efforts to address the previous tenant. He noted the property would be improved as a result of this project moving forward.

Pete Tobin , Barghausen Engineers and Architects, displayed and reviewed the site , circulation, landscape, and lighting plans for the project.

Austin Colley, Director of De velopment for Embree Asset Group, Inc., stated they had chosen this site because of the demand for the services in the area and to help the City capture tax revenue. He stated they had included several mitigation measures for noise and designed the site to have great access.

Chair Gutilla opened the public comment period.

Carol, Local Realtor, stated she was an immediate neighbor and concerned the project would generate noise as well as vehicle and pedestrian traffic in her neighborhood.

Chair Gutilla closed the public comment period.

In response to Commissioner Martin, Senior Planner Scudero explained it was up to the discretion of the City Engineer to determine when work could occur on roadways and typically, they did not allow construction to shut down lanes during commute hours.

Commissioner Martin suggested the Planning Commission add a project specific condition limiting the hours of construction in the right-of-way to non-commute hours.

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Planning Manager Hersch responded that it would be appropriate to include a recommendation that the City Engineer consider limiting work in the right of way during commute hours.

In response to Commissioner Martin, Mr. Tobin explained dirt removed for the storage tanks would be relocated offsite.

Commissioner Schneiderman stated this project would be an improvement and appropriate for the area. She suggested the Planning Commission consider revising the hours of operation to allow the convenience store to remain open until 11:00 P.M. She noted the applicant had mitigated noise impacts and with the existing roadway noise, she did not feel this project would negatively impact residents.

Commissioner Lutz stated he appreciated the work that went into the design of this project; however, he was concerned the gas station would be located adjacent to residential properties, and it may set pre cedents for future applicants. He stated he patronized gas stations in the area and questioned if there was demand for another one in the neighborhood.

Vice Chair Riley commented that there was a bike trail in the area and suggested adding a project specific condition to include a bicycle repair stand and pump for public use.

Chair Gutilla thanked the Planning Department and applicant for the presentation this evening. She stated that she believed the site could benefit from some type of development; however, she felt a gas station was not appropriate next to residential development. She also expressed concern regarding noise, odor and trash impacts. She stated if approved she would support security patrol of the property during off hours and limiting the convenience store and carwash hours to 10:00 P.M. She felt people would be tempted to make illegal U-turns in the neighborhood.

Commissioner Martin expressed concern that the service station would be opened 24 - hours without an attendant.

Senior Planner Scudero responded that it w ould be appropriate for the Planning Commission to add a project specific condition that an attendant be on site for the gas station.

Vice Chair Riley supported reducing the gas station hours to match the convenience store.

Chair Gutilla stated that even if the hours were redu ced, she would still want security to monitor the area during off hours.

Vice Chair Riley stated he did not feel security patrol was necessary because it was well lit and on a major thoroughfare. He felt the Antioch Police Department could address any security issues.

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City Attorney Smith commented that private businesses were responsible for their own security.

Chair Gutilla commented that the Antioch Police Department response times could not address some activities that were short in duration but had long lasting effects to those in the surrounding neighborhoods.

In response to Commissioner Martin, City Attorney Smith clarified that all four recommended actions were required for the project to move forward.

Anne Hersch added CEQA approval would allow them to approve the other entitlements before the Commission this evening and noted the CEQA analysis was specific to this project.

In response to Vice Chair Riley, Commissioner Schneiderman stated she would be agreeable to the gas station and convenience store closing at 10:00 P.M.

Commissioner Hills commented that Walmart was opened until 11:00 P.M. and Chevron on Lone Tree and Deer Valley, AM/PM on Hillcrest and the Brentwood Chevron w ere opened 24 hours.

Chair Gutilla commented that those businesses did not border residential development.

Commissioner Lutz stated he lived close to the 7/11 on Hillcrest/Lone Tree Way and there had been police activity in the area. Additionally, the C hevron by In and Out had been a location for sideshow activity.

Vice Chair Riley stated he did not like the idea of a gas station; however, it was a vacant property and the developer had followed the correct steps and brought forward a project that met the requirements. He agreed that the hours should be reduced to 11:00 P.M.

RESOLUTION NO. 2022-09

On motion by Commissioner Martin, seconded by Commission er Hills, the Planning Commission adopted the following resolution recommending approval of the United Pacific Gas Station Initial/Study/Mitigated Negative Declaration IS/MND and the Mitigation Monitoring and Reporting Program MMRP . The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Riley
NOES: Lutz, Gutilla
ABSTAIN: None
ABSENT: Motts

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RESOLUTION NO. 2022-10

On motion by Commissioner Martin, seconded by Commissioner Schneiderman, the Planning Commission adopted the following resolution recommending approval of the United Pacific Gas Station General Plan Amendment (GP -21-01) changing the land use designation fr om Commercial Office to Convenience Commercial. The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Riley
NOES: Lutz, Gutilla
ABSTAIN: None
ABSENT: Motts

RESOLUTION NO. 2022-11

On motion by Commissioner Martin, seconded by Comm issioner Schneiderman, the Planning Commission adopted the resolution recommending approval of an ordinance for a zoning map amendment from Planned Development District (PD) to Planned Development District PD-21-01. The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Riley
NOES: Lutz, Gutilla
ABSTAIN: None
ABSENT: Motts

RESOLUTION NO. 2022-12

On motion by Commissioner Martin, seconded by Commissioner Schneiderman , the Planning Commission adopted the resolution recommending approval of a final development plan, use permit and design review, subject to conditions of approval PD-21-01, UP-21-02, AR-21-03 with the following modifications:

➢ Work will only occur in the public right of way during non -commute hours (9:00 A.M. - 3:00 P.M.)
➢ Hours of operation: Convenience Store and Gas Pumps - 4:00 A.M. to 10:00 P.M. and Carwash - 7:00 A.M. – 9:00 P.M.
➢ The applicant shall provide a bicycle repair stand and air pump for public use.
➢ The applicant shall provide a drive-by security guard during off hours.

The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Riley
NOES: Lutz, Gutilla
ABSTAIN: None
ABSENT: Motts
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Chair Gutilla congratulated the applicant and thanked them for choosing to do business in Antioch.

8. ORAL/WRITTEN COMMUNICATIONS

Commissioner Martin reported he had not received zoom invitations for the last three Planning Commission meetings. He noted Commissioner Schneiderman had also reported this concern.

Community Development Technician Brown acknowledged that something with the zoom site or IS was preventing invitations from being sent. She stated she would work on the issue and may be sending test invitations prior to the next meeting.

Commissioner Martin added that he was having difficulty forwarding his zoom invitations.

Additionally, when sending emails from his private email to city staff they were not going through. He reported that he had received a questionable email from the City and was unsure of the intent.

Chair Gutilla stated that she had also received a questionable email from the City asking that she click on a url to activate an account.

Planning Manager Hersch reported that staff had received a subsequent email from IS and it appeared that that email had not been sent to Commissioners. She confirmed that the email could be deleted.

Senior Planner Scudero stated they would inform IS that non-city employees had not received the follow up email.

In response to Commissioner Martin, City Attorney Smith encouraged him to follow up with him tomorrow regarding information for Ethics training.

Planning Manager Hersch stated she would be following up on the Ethics Training requirements and explained that it was required every two-years.

Vice Chair Riley commended Commissioners for being cautious and not clicking on suspicious emails . He noted cyber warfare was on the rise and encouraged Commissioners to turn on two-factor authentication.

COMMITTEE REPORTS

None.

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ADJOURNMENT

On motion by Vice Chair Riley, seconded by Commissioner Martin, the Planning Commission unanimously adjourned the meeting at 8:15 P.M. The motion carried the following vote:

AYES: Schneiderman, Martin, Hills, Lutz, Riley, and Gutilla NOES: None
ABSTAIN: None
ABSENT: Motts

Respectfully submitted:

KITTY EIDEN, Minutes Clerk

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ATTACHMENT H
H1
H2
H3
H4
H5
7 Agenda Item #
STAF

F REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of July 26, 2022
Honorable Mayor and Members of the City Council
SUBMI
TTED BY: Rosanna Bayon Moore, Assistant City Manager RBM SUBJE
CT: Unhoused Resident Services – Non-Congregate Bridge Housing Site at Executive Inn Located at 515 East 18th Street

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution approving a master lease with Rudram LLC for the Executive Inn located at 515 East 18 th Street for an initial term of two (2) years with two (2) option terms of two (2) years each.

FISCAL IMPACT
The 2-year lease is est imated at $1,168,000 per year for a total not t o exceed value of $2,336,000, to be paid from the allocation of $2.6M in American Rescue Plan Act (ARPA funds) specified for this purpose by the City Council on April 12, 2022.

DISCUSSION
The City of Antioch commissioned a technical memorandum in late 2020 in which Focus Strategies, the City’s t echnical assistance provider, examin ed various di mensions of a Bridge Housing Program in a leased motel site. The City subsequently began laying the groundwork t o both s ecure a location and a support se rvices provider t hrough formal solicitation processes.

At this time, the City seeks to enter into a leasing arrangement with Rudram LLC, property owners of the Executive Inn at 515 East 18th Street in Antioch, CA. The site is currently located within the City’s Transitional Housing Overlay Zone. The City of Antioch Planning Commission issued a Use Permit for a Non-Congregate Bridge Housing Program on June 15, 2022. The initial t erm of the lease is two years, with two potential two- year renewal periods.

It is noted that certain responsibilities shall be borne by the property owner during the lease period. These include but are not limited to building maintenance and repairs, provision of utilities a nd landscape maintenance.

AT

TACHMENTS
A. Resolution
Antioch City Council Report
July 26, 2022 Agenda Item No. 7 2
B. Master Lease
RESOLUTION NO. 2022/** ATTACHMENT A
July 26, 2022