CALL OF SPECIAL MEETING
Antioch City Council
Special Meeting
Pursuant to Government Code section 54956, I hereby call a Special Meeting of the Antioch City Council. Said meeting shall be held on the following date, time, and place:
DATE:
TIME:
Friday, January 13, 2023
4:30 P.M. Special Meeting
PLACE: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
The only items of business to be considered at such Special Meeting shall be set forth on the Special Meeting Agenda.
Dated: January 11, 2023
_____________________________
LAMAR A. THORPE, Mayor
City of Antioch
ANNOTATED AGENDA
Antioch City Council
SPECIAL MEETING
Date: Friday, January 13, 2023
Time: 4:30 P.M. – Special 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
Tamisha Torres-Walker, Mayor Pro Tem (District 1) Lauren Posada, City Treasurer Michael Barbanica, Council Member District 2
Lori Ogorchock, Council Member District 3 Cornelius Johnson, 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].
ANTIOCH CITY COUNCIL -1- JANUARY 13, 2023
Notice of Opportunity to Address Council
The public has the opportunity to address the Council on each agenda item. To address the Council, fill out a Speaker Request form online by 3:00 p.m. the day of the Council Meeting at https://www.antiochca.gov/speaker_card. Please see the Speaker Rules on the inside cover of this Agenda for additional information on public participation. The Council can only take action on items that are listed on the agenda.
4:30 P.M. ROLL CALL – SPECIAL MEETING – for Council Members – Council Members District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe (Council Member District 2 Barbanica – Absent)
PLEDGE OF ALLEGIANCE
1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
• MARTIN LUTHER KING, JR., DAY, January 16, 2023
East County NAACP Celebration at Martin Luther King, Jr. Junior High School 2012 Carion Court, Pittsburg, CA
• MARTIN LUTHER KING, JR., FREEDOM DAY, January 16, 2023 Grace Arms of Antioch 2nd Annual Celebration – March and Insightful Program 3415 Oakley Road, Antioch, CA
2. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ CONTRA COSTA COUNTY LIBRARY COMMISSION
➢ ANTIOCH POLICE OVERSIGHT COMMISSION
3. CONSENT CALENDAR
A. APPROVAL OF COUNCIL WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
B. PROFESSIONAL SERVICES CONTRACT WITH RANEY PLANNING & MANAGEMENT, INC. FOR $111,084 FOR AMENDMENT TO THE EAST LONE TREE SPECIFIC PLAN Reso No. 2023/01 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the sole source request and professional services contract in the amount of $111,084; and
2) Authorizing the City Manager to execute the agreement.
ANTIOCH CITY COUNCIL -2- JANUARY 13, 2023
CONSENT CALENDAR – Continued
C. UNHOUSED RESIDENT SERVICES – AMENDMENT NO. 4 TO CONSULTING SERVICES
AGREEMENT WITH FOCUS STRATEGIES
Reso No. 2023/02 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager to execute Amendment No. 4 to the Consulting Services Agreement with Focus Strategies.
D. SHORT TERM LEASE AGREEMENT WITH MEALS ON WHEELS DIABLO REGION FOR
TEMPORARY OFFICE SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER Reso No. 2023/03 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving a short -term lease agreement between the City of Antioch and Meals on Wheels Diablo Region for designated space at the Nick Rodriguez Center; and
2) Authorizing the City Manager to execute the Agreement.
E. AMENDMENT OF THE CITY OF ANTIOCH’S SURPLUS PROPERTY LIST TO INCLUDE 275 W. TREGALLAS ROAD, ANTIOCH CA
Reso No. 2023/04 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution amending the City of Antioch’s Surplus Property List to include 275 W. Tregallas Road, Antioch, CA.
F. SECOND AMENDMENT TO THE BAY ALARM COMPANY AGREEMENT TO EXPAND
THE AGREEMENT FOR ACCESS CONTROL, INTRUSION AND VIDEO MONITORING AT
VARIOUS CITY OF ANTIOCH FACILITIES
Reso No. 2023/05 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the second amendment to the Maintenance
Services Agreement with Bay Alarm Company, which
increases the agreement by $549,384 for a total agreement amount of $ 1,447,844, to expand Access Control, Intrusion and Video Monitoring at various City of Antioch facilities; and
2) Authorizing the City Manager or designee to execute the second amendment to the Agreement in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -3- JANUARY 13, 2023
CONSENT CALENDAR – Continued
G. REQUEST FOR AN INCREASE TO THE PURCHASE ORDER WITH CORE & MAIN FOR
THE PROCUREMENT OF WATER DISTRIBUTION AND COLLECTION SYSTEMS
MAINTENANCE PARTS AND SUPPLIES
Reso No. 2023/06 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an increase to the purchase order with Core & Main in the amount of $275,000 in Fiscal Year 2022/23 for a total purchase order amount not to exceed $635,000; and
2) Authorizing the City M anager or designee to make the necessary budget adjustment to the Fiscal Year 2022/23 Water and Sewer Enterprise budgets to cover the purchase order increase.
H. AB 361: RESOLUTION MAKING FINDINGS NECESSARY TO CONDUCT BROWN ACT
MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,
COMMISSIONS, AND COMMITTEES
Reso No. 2023/07 adopted, 3/1 (Ogorchock)
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.
I. RESOLUTION RATIFYING THE PROCLAMATION OF THE DIRECTOR OF EMERGENCY
SERVICES AND PROCLAIMING A LOCAL EMERGENCY CONCERNING THE SEVERE
WINTER STORMS
Reso No. 2023/08 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt the resolution ratifying the proclamation of the Director of Emergency Services declaring a local emergency associated with the State Dec lared Severe Winter Storms, locally identified as the 2023 January Winter Storm Event.
ANTIOCH CITY COUNCIL -4- JANUARY 13, 2023
COUNCIL REGULAR AGENDA
4. DISCUSSION ITEM: REORGANIZATION OF THE PUBLIC WORKS DEPARTMENT AND
COMMUNITY DEVELOPMENT DEPARTMENT
Direction provided to staff to bring
back details on the reorganization
Recommended Action: It is recommended that the City Council provide direction to staff concerning:
1) Whether staff should prepare an ordinance amending the Municipal Code:
a. reorganizing the Public Works Department and changing the position and responsibilities of “Director of Public Works/City Engineer ” to become a new position entitled, “Public Works Director”;
b. creating a new Engineering Department and position
description for the City Engineer;
c. reorganizing the Community Development Department;
and
d. implementing other actions necessary to carry out the reorganization described above.
2) Whether staff should create new job classifications for the following positions:
a. Public Works Director
b. City Engineer
5. DISCUSSION ITEM: CITY COUNCIL MEMBERS’ SALARIES
Council discussed – no consensus to
support salary increase at this time
Recommended Action: It is recommended that the City Council provide direction to staff regarding salaries for City Council Members.
ANTIOCH CITY COUNCIL -5- JANUARY 13, 2023
COUNCIL REGULAR AGENDA – Continued
6. RESOLUTION APPROVING ALLOCATION FOR PART -TIME SECRETARY POSITIONS
TO PROVIDE ADMINISTRATIVE SUPPORT TO CITY COUNCIL
Direction provided to staff to
bring back internship model
Recommended Action: It is recommended that the City Council consider taking the following actions:
1) Adopt a resolution approving the allocation of a part -time Secretary position to provide administrative support to District 2 and District 3 Council Members and authorizing the
necessary Fiscal Year 2023 General Fund budget adjustment.
2) Adopt a resolution approving the allocation of a part -time Secretary position to provide administrative support to District 1 and District 4 Council Members and authorizing the
necessary Fiscal Year 2023 General Fund budget adjustment.
3) Adopt a resolution approving the allocation of a part -time Secretary position to provide administrative support to the Mayor and authorizing the necessary Fiscal Year 2023
General Fund budget adjustment.
7. STANDBY CITY COUNCIL MEMBERS
Recommended Action: It is recommended that the City Council appoint the following nominees as standby city council members:
• Mayor Thorpe:
1) Marie Arce; 2) Christina Hills; 3) Antonio Hernandez
• Mayor Pro Tem (District 1) Torres-Walker:
1) Leslie May; 2) Kimberly Carlson; 3) Antoine Watt
• Council Member (District 2) Barbanica: 1) ; 2) ; 3) [Absent – item to come back to the next meeting
for Council Member Barbanica]
• Council Member (District 3) Ogorchock:
1) Roland Bernal; 2) Donald Freitas; 3) Sandy Hartrick
• Council Member (District 4) Wilson:
1) Harry Thurston ; 2) Devin Williams; 3) Susanna
Williams
ANTIOCH CITY COUNCIL -6- JANUARY 13, 2023
COUNCIL REGULAR AGENDA – Continued
8. CITY COUNCIL APPOINTMENTS TO COUNCIL COMMITTEE ASSIGNMENTS Council motioned to postpone
to the next meeting, 4/0
Recommended Action: It is recommended that the City Council review and discuss City Council Committee Assignments. Mayor Thorpe will advance appointments for City Council approval by majority vote to be acted upon as follows:
1) Motion to approve all appointments for Mayor Thorpe,
2) Motion to approve all appointments for Mayor Pro Tem (Council Member District 1) – Torres-Walker,
3) Motion to approve all appointments for Council Member District 2 – Barbanica,
4) Motion to approve all appointments for Council Member District 3 – Ogorchock, and
5) Motion to approve all appointments for Council Member District 4 – Wilson.
MOTION TO ADJOURN – 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 Special Meeting at 5:31 p.m., 4/0
BOARDS AND COMMISSIONS
VACANCY ANNOUNCEMENTS
-1 -2
The City of Antioch urges residents to become involved in their local community! One way to do so is to serve on the various Boards, Commissions, and Committees.
Any interested resident is encouraged to apply for the vacancies listed below by their corresponding deadline.
SALES TAX
o Deadline:day, January th, 2023
CONTRA COSTA COUNTY LIBRARY COMMISSION
o Deadline: day, January 7th, 2023
ANTIOCH POLICE OVERSIGHT COMMISSION
o Deadline: Tuesday, January 17th, 2023
To be considered for the vacancy position(s) listed above, please fill out and sign theCommunity Service Applicationform, available at City Hall or online athttps://www.antiochca.gov/government/boards-commissions/.
Then, e-mail it [email protected], or print and mail/drop off in the water billing drop-off box outside City Hall at:City Clerk, 200 H Street, Antioch, CA 94509
BOARDS AND COMMISSIONS
VACANCY ANNOUNCEMENTS
SALES TAX CITIZENSOVERSIGHT COMMITTEE
PURPOSE:
The Committees function is to review the expenditure records of the Citys voter-approved Measure W one-cent sales tax effective April 1, 2019 and must report the results of their review to the City Council by April 1 each year.
CURRENT VACANCIES:
(4) Full-Term seats, expiring March 2026
(1) Partial-Term seat, expiring March 2024
MEETINGS:
At least 2 times annually,
virtually on Zoom
SEATS:
1 Chair
1 Vice Chair
5 Committee Members
REQUIREMENTS:
All members must reside in the City of Antioch
To be considered for the vacancy position(s) listed above, please fill out and sign theCommunity Service Applicationform on the next page, or online at https://www.antiochca.gov/government/boards-commissions/.
Then, e-mail it [email protected], or print and mail/drop off in the water billing drop-off box outside City Hall at:City Clerk, 200 H Street, Antioch, CA 94509
DEADLINE: AY, JANUARY, 2023
BOARDS AND COMMISSIONS
VACANCY ANNOUNCEMENTS
CONTRA COSTA COUNTY LIBRARY COMMISSION
PURPOSE:
The Contra Costa County Library Commission was established by the Contra Costa County Board of Supervisors in March 1991. The Commission was created to serve in an advisory capacity to the Board of Supervisors and the County Librarian.
For more information, go to: https://ccclib.org/commission/ CURRENT VACANCIES:
(1) 4-year term, expiring November 2026
MEETINGS:
On the 3rdThursday of every odd month
at 7:00 p.m., virtually on Zoom
SEATS:
18 members, 1 from each city/town in County
5 members, 1 appointed by each member of
the Board of Supervisors
1 member from Central Labor Council
4 non-voting members, 1 from each:
College District, East Bay Leadership Council,
Office of Education, Friends Council
REQUIREMENTS:
Applicants must reside in the City of Antioch
To be considered for the vacancy position(s) listed above, please fill out and sign the Community Service Applicationform on the next page, or online at https://www.antiochca.gov/government/boards-commissions/.
Then, e-mail it [email protected], or print and mail/drop off in the water billing drop-off box outside City Hall at: City Clerk, 200 H Street, Antioch, CA 94509 DEADLINE: TUESDAY, JANUARY 17, 2023
BOARDS AND COMMISSIONS
VACANCY ANNOUNCEMENTS
ANTIOCH POLICE OVERSIGHT COMMISSION
PURPOSE:
The Commission shall advise the City Council and Staff on the administration of the Antioch Police Department and public safety issues to ensure that the policies conform to national standards of constitutional policing.
The Commission shall promote, encourage, and facilitate community participation and oversight by reviewing and recommending policies that is sensitive to the diverse needs of residents, aiming to inform the community of its rights and responsibilities on interactions with police officers.(Ordinance 2212 C-S, passed May 24, 2022) CURRENT VACANCIES:
(2) 1-year terms, expiring November 30, 2023
(2) 2-year terms, expiring November 30, 2024
(3) 3-year terms, expiring November 30, 2025
MEETINGS:
Twice a month, except in July and December,
when meetings occur only once.
SEATS:
4 representatives, 1 from each District
1 representative from Faith-based community
1 representative from Business community
1 employee or student from
Antioch Unified School District
REQUIREMENTS:
All members must reside in the City of Antioch
Nota spouse of, or a current/former City employee / department-sworn employee / sworn police officer / sworn police officer association representative To be considered for the vacancy position(s) listed above, please fill out and sign the Community Service Applicationform on the next page, or online at https://www.antiochca.gov/government/boards-commissions/.
Then, e-mail it [email protected], or print and mail/drop off in the water billing drop-off box outside City Hall at: City Clerk, 200 H Street, Antioch, CA 94509 DEADLINE: TUESDAY, JANUARY 17, 2023
_______A
Antioch City Council Report
January 13, 2023 Agenda Item #B 2
land use and development standards, and additional standards are not necessary to ensure high quality and productive development. Unfortunately, the current process introduces uncertainty and time delay that can discourage the development of commercial projects. From introduction to entitlement, staff expects that a typical project would require at least twelve months for approval under the current process.
Staff proposes a formal amendment to the Plan to eliminate the planned development process and to require Site Plan and Design Review for new commercial projects. This would provide a streamlined pathway and allow commercial and employment-generating land uses by-right without additional discretionary review. The physical development of the site would be reviewed by staff and the Planning Commission to ensure that proper infrastructure, traffic improvements, parking circulation, landscaping and architecture are provided.
The “Reinvest Antioch” Economic Development Program Action Plan and Tool Kit was adopted on September 13, 2022 by the City Council. This plan includes proposed initiatives (page 5.) which include “2. Real Estate Development Capacity / Site Readiness” that calls for flexible zoning and streamlined entitlement/permitting for targeted land uses and business types. The proposed change would further this policy by simplifying and improving the process for employment generating and commercial development in this location.
The City Council is asked to approve the contract to enable Raney Planning & Management, Inc. to proceed with developing the formal amendment to the Plan. In addition, Raney Planning & Management, Inc. would provide an update to the Environmental Impact Report (EIR) to bring the document up to current standards and eliminate further uncertainty for a prospective user.
Raney Planning & Management, Inc. has supported similar amendments to the East Lone Tree Specific Plan for adjacent residential projects and brings a unique history and existing expertise to development in this region. As such, staff is requesting sole-source use of this vendor.
The City Council is not asked to approve the Specific Plan amendment itself at this time.
If funded, a formal request to adopt the changes would be prepared for future City Council action. The Planning Division of the Community Development Department will lead the project in coordination with the Economic Development Department.
ATTACHMENT
A. Resolution
Exhibit A: Scope of Services – Raney Planning & Management, Inc.
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RANEY PLANNING & MANAGEMENT, INC. FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $111,084.
WHEREAS, the East Lone Tree Specific Plan was adopted in 1995 and provides land use and development policy; and
WHEREAS, the majority of the plan has been implemented through the development of residential neighborhoods on the west side of State Route 4; and WHEREAS, an amendment to the plan will better enable the development of the non-residential lands on the east side of State Route 4 by clarifying and simplifying the review process; and
WHEREAS, the City currently maintains a list of on-call planning service providers, which includes Raney Planning & Management, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves a professional services agreement with Raney Planning & Management, Inc. to perform the services described in Exhibit A for a total contract amount not to exceed $111,084; 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 special meeting thereof, held on the 13thday of January 2023, by the following vote:
AYES:
ABSENT:
ABSTAIN:
NOES:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT A
A1
November 23, 2022
Forrest Ebbs, Community Development Director
City of Antioch
PO Box 5007
Antioch, CA 94531
Re: East Lone Tree Specific Plan Supplemental Environmental Impact Report Dear Mr. Ebbs:
On behalf of Raney, a division of Raney Planning & Management, Inc., I am pleased to submit the following proposal for the preparation of a Supplement to the certified East Lone Tree Environmental Impact Report (EIR) SCH# 93-111069. The following scope of work has been tailored based on the information provided to date and discussions with City of Antioch staff.
The scope of work may be further refined in coordination with you and City of Antioch staff, as needed. We look forward to the opportunity to work with you on this project.
PROJECT UNDERSTANDING
The East Lone Tree Specific Plan EIR, also known as the Future Urbanization Area #2 (FUA #2) Specific Plan EIR, was previously certified by the City of Antioch City Council in August 1995.
The 785-acre study area focuses on the eastern edge of Antioch, and is bounded Lone Tree Way to the south, Empire Avenue and Neroly Road to the east, and the Contra Costa Canal to the north. The development plan would allow for a mix of employment, commercial, residential uses, and public uses, as well as parks, and open space.
Raney understands the City is proposing to modify the approval process for commercial development within the East Lone Tree Specific Plan. Currently, the East Lone Tree Specific Plan requires approval of a Planned Development (PD) Rezone by City Council for commercial development. The City is proposing to no longer require approval of a PD Rezone and would instead only require Design Review by Planning Commission for commercial development within the Specific Plan. The goal of this modification is to streamline commercial development and minimize the need for further CEQA review. This modification would require approval of a Specific Plan Amendment.
AAPPPPRROOAACCHH
In situations when a lead agency has certified an EIR for a project, and later the project is modified, requiring additional environmental review, the lead agency has a few options for conducting such review. Depending on the nature of the project modifications, a lead agency may prepare an Addendum, a Supplement to the EIR, or a Subsequent EIR. According to Section 15164, a lead agency can prepare an Addendum to a previously certified EIR if some changes or additions to an EIR are necessary, but none of the conditions described in Section 15162 calling for preparation of a Subsequent EIR have occurred. The 15162 conditions are as follows:
EXHIBIT A
A2
2 (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
Given the relatively minor changes, it is unlikely that criterion (1) would be triggered. Rather, for reasons discussed below, it is anticipated that criterion (2) could be triggered. Based upon Raney’s review of the project information and discussions with City staff, it is possible that the proposed alteration may result in new significant impacts, or substantial increase in the severity of significant impacts previously identified in the East Lone Tree Specific Plan EIR. In such a case, an Addendum would not be the appropriate CEQA document to evaluate the environmental effects of the proposed project. The question to be considered then becomes whether a Subsequent EIR or a Supplement to the East Lone Tree Specific Plan EIR should be prepared.
Raney has determined that a Supplement to the East Lone Tree Specific Plan EIR would be the appropriate CEQA document given that the proposed project would likely necessitate minor changes to the overall analysis contained in the East Lone Tree Specific Plan EIR. According to CEQA Guidelines Section 15163 concerning a Supplement to an EIR:
(a) The Lead or Responsible Agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if:
(1) Any of the conditions described in Section 15162 would require the preparation of a subsequent EIR, and
(2) Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. (b) The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.
A3
3 (c) A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR under Section 15087.
(d) A supplement to an EIR may be circulated by itself without recirculating the previous draft or EIR.
(e) When the agency decides whether to approve the project, the decision-making body shall consider the previous EIR as revised by the supplemental EIR. A finding under Section 15091 shall be made for each significant effect shown in the previous EIR as revised.
While the CEQA Guidelines are fairly general with respect to the scope of a Supplemental (or Subsequent) EIR once the lead agency has determined that said document is required, case law offers broad guidance. Generally, a Supplemental EIR is required to evaluate only the changes in the project, changes in circumstances, or new information that led to the preparation of the further EIR. Thus, Raney will prepare a Supplemental EIR that focuses only on the new or substantially more severe significant impacts caused by changes to CEQA that were not evaluated in the prior EIR. Raney anticipates the primary environmental issues of concern for the proposed project will be Greenhouse Gas (GHG) Emissions and Transportation.
Analysis in the Supplemental EIR will include assessment of the individual and cumulative environmental effects of the project. Pursuant to CEQA Guidelines Section 15162, the focus will be on whether modifying the approval process for commercial development within the Specific Plan area would result in new significant impacts, or increase in the severity of significant impacts previously identified by the City in the East Lone Tree Specific Plan EIR. Raney will also give consideration to whether substantial changes have occurred with respect to the circumstances under which the project will be undertaken, including any changes to the environmental setting since certification of the East Lone Tree Specific Plan EIR. The Draft Supplemental EIR, Final Supplemental EIR, and related work products will be prepared in accordance with the criteria, standards, and provisions of CEQA, Section 21000 et seq. of the Public Resources Code and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and the regulations, requirements, and procedures of the City of Antioch.
It should be noted that, CEQA Guidelines Section 15163, regarding a Supplement to an EIR, does not explicitly require a lead agency to issue a Notice of Preparation (NOP) for a Supplement to an EIR. Based on Raney’s experience, and input from CEQA attorneys, an NOP is not required to be released for a Supplement, and it is up to the lead agency as to whether or not they choose to do so. For the purposes of this scope, Raney has assumed an NOP will not be released.
Raney assumes that any additional project information needed to facilitate the environmental review of the project will be supplied by the City. Raney intends to work closely with the City of Antioch throughout the development and processing of the Supplemental EIR. Raney will remain objective and rely on the City, as the CEQA Lead Agency, to make the ultimate determination on the conclusions. The expectation of Raney is that we will serve as environmental consultants to the City and will make ourselves available to assist the City to facilitate the process. For the purposes of this scope, Raney assumes the City will handle all Native American consultation processes pursuant to AB 52 and SB 18. If the City would like A4
4 assistance with these required consultation processes, Raney can amend this scope of work to include additional budget.
Technical Reports Prepared by Raney and its Sub-Consultants Raney proposes to sub-contract with Fehr & Peers to prepare a Transportation Impact Analysis (TIA). The air quality and GHG emissions analysis for the project will be prepared in-house by Raney’s Air Quality Division led by Vice President/Air Quality Specialist, Rod Stinson and Division Manager/Air Quality Specialist, Angela DaRosa. All air quality and GHG analyses are prepared consistent with the regulations and requirements of CEQA, Assembly Bill (AB) 32, Senate Bill (SB) 32, the Bay Area Air Quality Management District (BAAQMD), and the City of Antioch, as the lead agency.
TTEECCHHNNIICCAALL SSCCOOPPEE OOFF WWOORRKK
The following scope of work has been developed based on discussions with City staff, and the information provided to date for the proposed project. The scope of work identifies each task in the preparation of the necessary documents and includes all work products associated with each task.
Tasks 1 Project Initiation
The objective of this task is to coordinate with the City of Antioch to confirm assumptions regarding the proposed project and scope of work for the proposed project. Senior Vice President, Cindy Gnos, AICP, will serve as the Project Director and Division Manager/Air Quality Specialist, Angela DaRosa will serve as Project Manager.
Raney will complete the following:
Participate in a virtual kick-off meeting with City staff; Review existing documentation for the project and identify key issues; and Refine the scope, if necessary, with any revisions for the City to approve.
Task 2 Project Description
The objective of this task is to prepare a draft project description in consultation with City staff.
Based on Raney’s extensive CEQA experience, completing a draft of the project description during the project initiation phase greatly reduces the potential for project-related issues throughout the preparation of the environmental documents. The project description will include a detailed project location, background, and history of the project (including past ownership, prior approvals, and land uses); existing environmental setting; and discretionary actions. It should be noted that as part of the project description, Raney will coordinate with the City to determine the potential buildout on the vacant land within the East Lone Tree Specific Plan area.
Raney will complete the following deliverables:
Submit one electronic copy of the draft project description to the City for review and comment; and
Submit one electronic copy of the final project description to the City prior to incorporation into the Supplemental EIR.
A5
5 Task 3 Prepare Administrative Draft Supplemental EIR
The objective of this task is to prepare an Administrative Draft Supplemental EIR for the proposed project that will provide analysis for the proposed project. The Administrative Draft Supplemental EIR will provide the public and decision-makers with a legally defensible environmental analysis of the proposed project, which will be accurate, objective, and free of jargon. Pursuant to CEQA Guidelines Section 15163, the Administrative Draft Supplemental EIR will include all information necessary to make the previous EIR adequate for the project as revised, and will be circulated independent of the previous EIR. The Supplemental EIR will be drafted in a manner to allow future projects to rely on the EIR with minimal additional CEQA review.
Task 3.1 Introduction and Executive Summary
The introduction will cite the provisions of CEQA to which the proposed project is subject. This section will identify the background of the project and its certified EIR, intended uses of the Supplemental EIR, agencies that may rely upon the Supplemental EIR, and purpose of the Supplemental EIR and statutory authority. The Supplemental EIR will also include an Executive Summary Chapter, primarily consisting of a summary table, which will include a matrix of impacts and mitigation measures, with levels of significance of impacts before and after mitigation. The summary table will include all mitigation measures applicable to the proposed project, including those identified in the East Lone Tree Specific Plan EIR.
Task 3.2 Environmental Setting, Impacts, and Mitigation Measures The environmental analysis for the proposed project will focus on potential environmental impacts resulting from the changes to the proposed project and changes in circumstances under which the project would be undertaken.
Raney anticipates that the following environmental topics will be addressed in the Supplemental EIR: GHG Emissions and Transportation. Project alternatives and statutorily required sections, including growth inducing impacts, cumulative impacts, and significant and unavoidable impacts, will also be included. It should be noted that the topics mentioned above are anticipated key issues; however, Raney will discuss with the City if additional topics should be addressed in the Supplemental EIR.
Raney’s proposed approach to each environmental issue section is as follows:
a) GHG Emissions
Raney will work closely with the City and BAAQMD throughout the preparation of the GHG chapter to determine the appropriate thresholds of significance for the analysis.
Raney will utilize CalEEMod to produce an estimate of GHG emissions for the project, including indirect emissions (e.g., electricity, natural gas). Raney will rely on Vehicle Miles Traveled (VMT) information from the Traffic Impact Analysis to be prepared by Fehr & Peers, to determine an estimate for potential traffic emissions. Emissions will be expressed in units of carbon dioxide equivalents. With respect to AB 32 and SB 32, Raney will coordinate with the City of Antioch and BAAQMD to ensure comparison of the estimated emissions to appropriate thresholds. Raney will also rely on the City of Antioch’s Climate Action and Resilience Plan, as needed. Mitigation measures would be A6
6 identified, as appropriate, using BAAQMD to identify feasible mitigations for GHG emissions.
b) Transportation
The Transportation chapter of the Supplemental EIR will consider the potential transportation impacts of the proposed amendments to the East Lone Tree Specific Plan, particularly those related to VMT as outlined in the requirements of SB 743. Impacts to the transportation system related to the Supplemental EIR will be based on the total VMT generated by future employees of commercial developments.
Raney will rely on the TIA to be prepared for the project by Fehr & Peers, under contract with Raney (please see Attachment A for a complete scope of work). Fehr & Peers will prepare a description of the transportation network in the project vicinity and provide a regulatory setting including applicable plans and polices from the City of Antioch General Plan, Contra Costa County Transportation Authority (CCTA) Growth Management Program Implantation Guide, and Caltrans. Fehr & Peers will review the latest CCTA travel demand model for land use and transportation system and input files, for the Base Year and Cumulative Year without project scenarios. Based on the model information, Fehr & Peers will determine the output Base Year and Cumulative Year baseline total VMT estimates for the project area. Fehr & Peers will then compare the baseline VMT to published data to determine the authenticity of the model’s VMT estimates. Fehr & Peers will update the land use input files for the Base Year and Cumulative Year scenarios based on the project description. The updated land use files will be loaded into the model to complete the Base Year and Cumulative Plus Project evaluation.
Vehicle Miles Traveled
Fehr & Peers will update the land use input files for the Base Year and Cumulative Year scenarios, based on the project description. The Base Year and Cumulative Year will assume development of the Antioch Housing Elements sites. Consistent with the methodology outlined in the CCTA Growth Management Program Implantation Guide, the updated land use files will be added into the model to complete the VMT evaluation.
Fehr & Peers will analyze the VMT under the following scenarios: Base Year No Project; Cumulative No Project; and Cumulative Plus Project.
The VMT analysis will also address impacts related to the Specific Plan’s potential conflicts with programs, plans, policies, or ordinances addressing the multi-model circulation system, hazards and emergency access. Fehr & Peers will identify significant impacts based on the significance criteria and will develop mitigation measures, as needed, including project modifications, travel demand management programs, participation in public transit funding, and provision of off-site pedestrian and bicycle facilities.
Fehr & Peers will prepare a TIA report that will document the data, analysis, calculations, and results of the work conducted. Fehr & Peers will coordinate with Raney and the City of Antioch throughout the preparation of the TIA, including meetings and response to A7
7 comments on drafts. Raney and the City Engineer will review the report to ensure all CEQA issues have been adequately and accurately addressed.
Task 3.3 Statutorily Required Sections
The Statutorily Required Sections chapter of the Supplemental EIR will summarize significant and unavoidable, significant irreversible, and growth-inducing impacts, to the extent that such impacts are identified in the Supplemental EIR analysis.
Raney will provide the following deliverables:
Provide the public and decision-makers with a legally defensible environmental analysis of the proposed project, which will be accurate, objective, and free of jargon; Prepare a Supplemental EIR that will conform to the City of Antioch’s preferred format; and
Submit one electronic copy of the Administrative Draft Supplemental EIR to the City of Antioch.
Task 3.4 Alternatives Analysis
CEQA does not specifically note whether a Supplemental EIR requires an Alternatives Analysis chapter. Because the project is merely including a modification to discretionary actions and not land use, Raney believes an alternatives chapter may not be necessary. However, Raney has included the task in the event that the analysis for GHG emissions or VMT results in a significant impact and the City may want to consider alternatives. Therefore, the Alternatives Analysis chapter will be determined in consultation with the City at the conclusion of the GHG and VMT analyses. If the task is not needed, Raney will not invoice for this task. If it is determined an Alternatives Analysis chapter is needed, the chapter will evaluate three alternatives, including the No Project Alternative required by CEQA. Alternatives shall be developed in consultation with the City of Antioch staff during preparation of the Administrative Draft Supplemental EIR to respond to new identified significant impacts. The Alternatives Analysis chapter will describe the alternatives and identify the environmentally superior alternative. The alternatives will be analyzed at a level of detail less than that of the proposed project which is permissible under CEQA; however, the analyses will include sufficient detail to allow a meaningful comparison of the impacts. A matrix comparing the impacts of the proposed project to the alternatives will also be included.
Raney will complete the following deliverables:
Submit one electronic copy of the Administrative Draft Supplemental EIR to the City of Antioch staff to review for adequacy and accuracy.
Task 4 Prepare Screencheck Draft Supplemental EIR
The objective of this task is to edit the Administrative Draft Supplemental EIR, based on the comments received from the City’s review, to prepare a Screencheck Draft Supplemental EIR.
Raney assumes City comments on the Administrative Draft Supplemental EIR will be provided in a consolidated set.
Raney will provide the following deliverables:
Attend conference calls, as needed, with the City staff to discuss comments on the A8
8 Administrative Draft Supplemental EIR; and
Submit one electronic copy of the Screencheck Draft Supplemental EIR, which reflects all changes made in response to City comments.
Task 5 Prepare Public Review Draft Supplemental EIR
The objective of this task is to edit the Screencheck Draft Supplemental EIR, based on the comments received, to prepare and distribute the Draft Supplemental EIR for public review in accordance with CEQA requirements. Raney assumes that the revisions from additional comments on the Screencheck Draft Supplemental EIR will only require editorial or other non- substantive changes. Raney will prepare the Notice of Availability (NOA) of the Draft Supplemental EIR and anticipates the City will handle distribution of the NOA. Raney will also prepare the Notice of Completion (NOC) and Summary Form F. Raney will assist with posting the NOC, Summary Form F, and Draft Supplemental EIR with the State Clearinghouse. In addition to an electronic copy, Raney will provide a hard copy of the Public Review Draft Supplemental EIR to the City.
Raney will provide the following deliverables:
Submit one hard copy, with the appendices on flash drives adhered to the back cover, of the Draft Supplemental EIR to the City;
Prepare the NOA, NOC, the State Clearinghouse Summary Form for Electronic Document Submittal (Form F); and
Electronically submit the NOC, Summary Form F, and the Draft Supplemental EIR to the State Clearinghouse.
Task 6 Prepare Administrative Final Supplemental EIR
The objective of this task is to respond to all comments received during the 45-day public review period and compile the comments into an Administrative Final Supplemental EIR for review by the City of Antioch. Raney assumes these comments will not raise new issues, or that new surveys or technical studies will be required to complete adequate responses. Further, Raney assumes the amount and nature of comments can be addressed within the hours shown in the budget spreadsheet. For the purposes of this scope of work, Raney’s budget for this task would allow Raney to prepare responses to up to 50 individual comments that are substantive in nature.
Repetitive comments do not count toward this total. For example, it is not uncommon for the public to submit a large volume of comments on a particular issue/concern. In this case, Raney will prepare a master response to address the thematic concern; and this effort would only constitute one response. Raney’s budget for this task is based upon our experience preparing such documents for other similar projects. Should more time be needed to respond to additional comment letters, Raney will initiate discussions immediately with City staff to conduct this extra work. The Final Supplemental EIR will consist of responses to comments, changes to the Draft Supplemental EIR as a result of comments, and the Mitigation Monitoring and Reporting Program (see Task 7).
Raney will provide the following deliverables:
Meet with City staff to review all comments received and determine the appropriate written responses to the comment, as outlined in Task 11 Project Management, Meetings, and Hearings; and
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9 Submit one electronic copy of the Administrative Final Supplemental EIR to the City.
Task 7 Prepare Mitigation Monitoring and Reporting Program (MMRP) The objective of this task is to prepare an MMRP for the proposed project by updating the MMRP adopted for the Specific Plan EIR. The MMRP will include mitigation measures that are still applicable to the proposed project and any new or modified mitigation measures, if needed, to be incorporated into the Final Supplemental EIR.
Raney will provide the following deliverables:
Submit one electronic copy of the draft MMRP to the City with the Administrative Final Supplemental EIR, for City review; and
Submit one electronic copy of the final MMRP to the City of Antioch with the Final Supplemental EIR.
Task 8 Prepare Screencheck Final Supplemental EIR
The objective of this task is to revise the Administrative Final Supplemental EIR based on the comments received and prepare a Screencheck Final Supplemental EIR using track changes format.
Raney will provide the following deliverables:
Conversations with City staff to discuss City comments and revise the Administrative Final Supplemental EIR; and
Submit one electronic copy of the Screencheck Final Supplemental EIR to the City of Antioch.
Task 9 Prepare Final Supplemental EIR
The objective of this task is to revise the Screencheck Final Supplemental EIR, based on additional comments from the City, in order to provide a thorough, responsive Final Supplemental EIR. Raney assumes all edits will only require editorial or other “non-substantive” changes in the revision of the Screencheck Final Supplemental EIR.
Raney will provide the following deliverables:
Submit one hard copy, with the appendices on flash drives adhered to the back cover, and one electronic version of the Final Supplemental EIR for the City of Antioch, based on City comments; and
Coordinate with the City to prepare all required noticing.
Task 10 Prepare Findings of Fact, Statement of Overriding Considerations, and Notice of Determination
If new significant impacts are identified in the Supplemental EIR, Raney will prepare the required Findings of Fact (FOF) pursuant to CEQA, that incorporate information regarding the project’s significant environmental impacts disclosed in the Supplemental EIR. If any new significant impacts are determined to be significant and unavoidable, Raney will prepare a Statement of Overriding Considerations (SOC) which will identify the specific economic, legal, social, technological, or other considerations that make infeasible the mitigation measures or project alternatives identified in the final EIR. In addition, Raney will prepare a Notice of A10
10 Determination (NOD) for approval by the City of Antioch, as necessary. Raney will prepare FOF/SOC to provide the appropriate language to dismiss the project alternatives not selected, as well as language on the overriding considerations, if necessary, to describe the benefits of the project that may outweigh any significant and unavoidable environmental effects.
Raney will provide the following deliverables:
Submit one electronic copy of the administrative draft FOF/SOCand the Administrative Final Supplemental EIR for the City Attorney to review; Submit one electronic copy of the final FOF/SOC to City staff with the Final Supplemental EIR with revisions made based upon comments from the City Attorney; and
Prepare a NOD for filing at the Contra Costa County Clerk Recorder’s Office and posting at the State Clearinghouse, should the project be approved.
Task 11 Project Management, Meetings, & Hearings
The objective of this task is to ensure close, extensive coordination and interaction with City staff, the project team, technical sub-consultants, and the public. The project management team, identified below, will be responsible for coordination with City staff and technical consultants, handling the day-to-day activities of the Supplemental EIR preparation, and responding to staff inquiries about the EIR and process. It should be noted that Raney assumes attendance at City of Antioch Planning Commission and City Council hearings.
Raney will provide the following deliverables:
Project Management from Senior Vice President Cindy Gnos, AICP, serving as Project Director and Division Manager/Air Quality Specialist, Angela DaRosa, serving as Project Manager;
Project support from President Tim Raney, AICP; Vice President Nick Pappani; Vice President/Air Quality Specialist Rod Stinson; as well as Associate and Administrative staff;
Regular phone and e-mail communications with City staff, project stakeholders, and pertinent County, State, and local agencies throughout the process; Prepare any necessary noticing, materials, and/or presentations prior to the meetings, and answer questions and respond to comments as needed;
Attendance at up to two in-progress meetings with the City; and Attendance at one working meeting with City staff to discuss internal comments on the Administrative Draft EIR;
Attendance at one meeting with City staff to discuss comments received on the Draft EIR;
Attendance at up to two public hearings; and
Attend additional meetings and hearings upon request and billed on a time-and-materials basis following Raney’s standard billing rates.
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11 SSCCHHEEDDUULLEE
The following tentative schedule is based on discussions with City staff and Raney’s experience preparing similar documents. Factors that could lengthen or possibly shorten the schedule include dates of receipt of project information (including information from the applicant), AB 52 and SB 18 requirements, length of document reviews and unanticipated issues arising from City staff, the project team, or public review of the environmental documents.
Tentative Schedule
East Lone Tree Specific Plan Supplemental EIR
MILESTONES & CRITICAL PATH TIMING ESTIMATED DATE
Notice To Proceed To Be Determined December 5, 2022
Project Initiation Meeting To Be Determined Week of December 5, 2022
Prepare Project Description One Week December 12, 2022
Receive City Edits on Project Description One Week December 19, 2022 Prepare Final Project Description Three Days December 22, 2022 Receipt of Traffic Impact Analysis 12 Weeks from NTP March 6, 2023 Submit Administrative Draft Supplemental
EIR to City for Review
1 ½ Weeks from receipt of
Traffic Impact Analysis March 16, 2023
Receipt of City Comments on Administrative
Draft Supplemental EIR Two Weeks March 30, 2023
Submit Screencheck Draft Supplemental EIR
to City for Review Two Weeks April 13, 2023
Receipt of City Comments on Screencheck
Draft Supplemental EIR One Week April 20, 2023
Submit Public Review Draft Supplemental
EIR One Week April 27, 2023
Public Review Period of Draft Supplemental
EIR 45 Days April 28, 2023 to
June 12, 2023
Submit Administrative Final Supplemental
EIR and FOF/SOC to City for Review
Three Weeks from close of
Draft Supplemental EIR
comment period
July 5, 2023*
Receipt of City comments on Administrative
Final Supplemental EIR One Week July 12, 2023
Submit Screencheck Final Supplemental EIR
to City for Review One Week July 19, 2023
Receipt of City comments on Screencheck
Final Supplemental EIR One Week July 26, 2023
Submit Final Supplemental EIR One Week August 2, 2023
Planning Commission Hearing To Be Determined August 2023 City Council Hearing To Be Determined September 2023
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12 CCOOSSTT EESSTTIIMMAATTEE
The cost for completion of the Supplemental EIR is anticipated not to exceed $111,084. The tasks are summarized in the Technical Scope of Services of this proposal and costs by task are shown in the attached spreadsheet. These costs are based on the estimates of time for each task provided in the chart on the following page. Costs for the Supplemental EIR preparation will be billed on a not-to-exceed basis, following Raney standard billing rates included in the attached spreadsheet. It should be noted; however, that the cost for the preparation of the Final Supplemental EIR is based upon the receipt of a reasonable number of comments on the Draft Supplemental EIR. For the purposes of this scope of work, Raney has assumed up to 50 individually bracketed comments. Should the comments be excessive or require additional technical analysis, Raney would negotiate with the City immediately to determine a reasonable cost for completion of the Final Supplemental EIR.
The following assumptions were used in the calculations:
Raney will attend meetings with the City staff and the project team, as well as public hearings as described in the scope of work. Raney assumes that the number of meetings required will be achieved within the hours allocated in the attached spreadsheet.
Additional meetings and hearings are easily accommodated and will be billed on a time- and-materials basis, as directed.
Raney costs are based on the assumption that the existing data and information for the City of Antioch and the proposed project area are accurate and current and will be available for the preparation of the proposed environmental documents.
Specific amounts of time for revisions to the Screencheck Draft Supplemental EIR, Screencheck Final Supplemental EIR, and Mitigation Monitoring and Reporting Program have been assumed. Raney expects that responding to comments will not exceed the budgeted time. If unanticipated comments result in additional time beyond that which has been budgeted, those items will need to be renegotiated.
Raney will provide to the City of Antioch with the number of copies of the documents as indicated in the technical scope of services. The cost estimate for copying is an estimate only and will be billed to the City at actual cost.
Should the City need assistance with the tribal consultation pursuant to AB 52 and/or SB 18, Raney will be available to assist per request by the City. Raney would propose to amend the scope of work, schedule, and budget accordingly.
Raney assumes that once a Notice to Proceed is issued, the preparation of the environmental documents would be a continuous process without excessive delays.
Raney would propose to renegotiate the contract with respect to schedule and cost should substantial delays occur in the processing of the proposed project.
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13 Task 1 Project Initiation 2 4 1,050$ Task 2 Project Description 1 4 4 8 2,435$ Task 3 Prepare Administrative Draft Supplemental EIR 4 5 6 10 3,725$ Technical SectionsTask 3.1Introduction & Executive Summary 1 3 2 12 2,480$ Task 3.2Environmental Setting, Impacts, and Mitigation Measuresa GHG Emissions 2 5 5 26 5,190$ a.1 GHG Emissions Analysis8 12 3,060$ b Transportation 2 6 5 28 5,605$ Other Sections Task 3.3 Statutorily Required Sections 2 3 1 6 1,780$ Task 3.4 Alternatives Analysis 2 4 5 24 4,775$ Task 4 Prepare Screencheck Draft Supplemental EIR 6 4 12 3,070$ Task 5 Prepare Public Review Draft Supplemental EIR 5 1 8 1,970$ Task 6 Prepare Administrative Final Supplemental EIR 4 10 6 36 7,800$ Task 7 Prepare MMRP 2 2 6 1,370$ Task 8 Prepare Screencheck Final Supplemental EIR 4 2 10 2,200$ Task 9 Prepare Final Supplemental EIR 2 2 6 1,370$ Task 10 Prepare FOF/SOC and NOD 2 4 2 16 3,340$ Task 11 Project Management, Meetings, and Hearings 14 50 8 12,140$ Total Hours 36 117 8 12 55 208Hourly Rate 195$ 165$ 165$ 145$ 145$ 125$ Total EIR Labor7,020$ 19,305$ 1,320$ 1,740$ 7,975$ 26,000$ 63,360$ Sub-Consultant/Expenses 47,724$ Copying/Printing* 1,000$ Sub-Consultant: Fehr & Peers 42,385$ 10% Administrative Fee 4,339$ Total Budget 111,084$ *Estimate Only, To Be Billed at Cost PROPOSED COST ESTIMATEEast Lone Tree Specific Plan Supplemental EIR
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14 Factors that would increase the scope of work and estimated costs outlined in the proposal include: attendance at additional public meetings; printing of additional copies of reports; analysis of additional issues above those discussed in this proposal or a more detailed level of analysis than described in this proposal; changes in the project requiring reanalysis or rewriting of report sections; collection of data required for the environmental documents beyond that described in this proposal; attendance at additional in-house meetings beyond those budgeted; and excessive comments on the environmental documents. Raney would propose to renegotiate these items, if required, or charge on a time-and-materials basis.
Thank you for the opportunity to submit our proposal for your consideration. Additional information regarding our qualifications, including resumes, is available upon request. Please do not hesitate to contact me if you have any questions regarding the scope of work or if you need any additional information. We look forward to the continued opportunity to work with you on this project.
Thank you,
Cindy Gnos, AICP, Senior Vice President
Raney Planning & Management, Inc.
[email protected]
Attachment A
Fehr & Peers Scope of Work
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Attachment A:
Fehr & Peers Scope of Work
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100 Pringle Avenue | Suite 600 | Walnut Creek, CA 94596 | (925) 930-7100 | Fax (925) 933-7090 www.fehrandpeers.com
November 18, 2022
Cindy Gnos
Senior Vice President
Raney Planning & Management
1501 Sports Drive, Suite A
Sacramento, CA 95834
Subject: Proposal to Prepare the East Lone Tree Specific Plan Supplemental EIR Transportation Assessment
Dear Cindy:
Fehr & Peers is pleased to present this draft proposal to prepare a CEQA transportation analysis as part of a Supplemental EIR for amendments to the East Lone Tree Specific Plan which propose to rezone portions of the Specific Plan area for commercial development. The following scope of work includes a travel demand model review and Vehicle Miles Traveled (VMT) analysis. The analysis will be performed in accordance with the Contra Costa County Transportation Authority Growth Management Program Implementation Guide (February 2021) and the City of Antioch’s methodologies, thresholds, and guidelines under development for the calculation and assessment of VMT.
The following presents our proposed approach, scope of work, schedule, and fee.
Approach
Our analysis will consider the potential transportation impacts of the proposed amendments to the East Lone Tree Specific Plan, particularly those related to VMT as outlined in the requirements of SB 743. Impacts to the transportation system related to the Supplemental EIR will be based on the total VMT generated by future employees of the commercial development. We understand that the document will a Programmatic EIR, and that additional project-level review will be needed for individual site development projects, this scope considers all project sites as a group and will not provide site-specific VMT impact analysis.
Fehr & Peers will conduct an assessment of the amendment’s potential transportation impacts with respect to the four CEQA Guidelines Appendix G Checklist criteria:
Would the project:
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November 18, 2022
1. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
2. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
3. Substantially increase hazards due to a geometric design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)?
4. Result in inadequate emergency access?
Criteria 2 is the implementation of the SB 743 requirement. CEQA Guidelines section 15064.3(b) reads, in part, as follows:
(1) Land Use Projects. Vehicle-miles traveled exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high-quality transit corridor should be presumed to cause a less than significant transportation impact.
Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be presumed to have a less than significant transportation impact.
(2) Transportation Projects. Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact. For roadway capacity projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements. To the extent that such impacts have already been adequately addressed at a programmatic level, such as in a regional transportation plan EIR, a lead agency may tier from that analysis as provided in Section 15152.
(3) Qualitative Analysis. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a lead agency may analyze the project’s vehicle miles traveled qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate.
(4) Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled and may revise those estimates to reflect professional judgment based on substantial A18
Cindy Gnos | Raney Planning & Management
November 18, 2022
evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section.
Note that no traffic Level of Service (LOS) analysis for City policy consistency, nor CMP conformance analysis, is included in this scope of work. If this work is desired, Fehr & Peers can prepare a separate scope and budget.
Scope of Work
Task 1: Project Coordination and Meeting Attendance
Fehr & Peers will keep Raney Planning & Management informed over the course of the Project as to the status of the analysis. Our proposal includes participation in up to two Project team conference calls and one in-person (or virtual) meetings, which could also include coordination with City staff and/or attendance at a Planning Commission or City Council meeting. If requested, Fehr & Peers can attend additional meetings not included in this proposal on a time and materials basis.
Task 2: Setting
Fehr & Peers will prepare a description of the transportation network in the project vicinity, including roadway network, bicycle and pedestrian facilities, and transit service. We will provide a regulatory setting including applicable plans and policies from the City of Antioch General Plan, CCTA, and Caltrans.
Task 3: Travel Demand Model Review
Fehr & Peers will review the latest Contra Costa Transportation Authority travel demand model (CCTA model) land use and transportation system input files for the Base Year and Cumulative Year without Project scenarios. We will suggest localized modifications if coding errors or other issues are identified with the approval of City staff. The review and modifications will be limited to the Project study area. Based on the model information, we will output Base Year and Cumulative Year baseline total VMT estimates for the Project area. The baseline VMT will be compared against published data, where available, to gauge the reasonableness of the model’s VMT estimates.
Fehr & Peers will update the land use input files for the Base Year and Cumulative Year scenario based on the Project description. The updated land use files will be loaded into the model, and a A19
Cindy Gnos | Raney Planning & Management
November 18, 2022
Base Year and Cumulative Plus Project run will be completed. VMT will be evaluated using Contra Costa County methodology and significance thresholds published in the Contra Costa County Transportation Authority Growth Management Program Implementation Guide (February 2021). If significant impacts are identified, we will identify potential mitigation measures and estimated VMT reductions. While implementation of mitigation measures can reduce the Project’s impact, the Project may result in a significant and unavoidable impact.
Task 4: CEQA VMT Analysis
Fehr & Peers will update the land use input files for the Base Year and Cumulative Year scenarios based on the Project description. Base Year and Cumulative Year land use will assume development of the Antioch Housing Element sites. The Project will be analyzed as a group, consistent with the programmatic EIR approach. The updated land use files will be loaded into the model, and Base Year Plus Project and Cumulative Year Plus Project model runs will be completed.
The VMT analysis will follow the methodology outlined in the Contra Costa County Transportation Authority Growth Management Program Implementation Guide (February 2021). The VMT analysis scenarios will include the following:
Base Year No Project
Cumulative No Project
Cumulative Plus Project
This assessment will also address impacts related to the Plan’s potential conflicts with programs, plans, policies or ordinances addressing the multi-modal circulation system, hazards, and emergency access. We will identify significant impacts based on the significance criteria and will develop mitigation measures if needed. VMT-reducing mitigation measures may include project modifications, travel demand management programs, participation in public transit funding, provision of off-site pedestrian and bicycle facilities, or other measures.
Task 5: Other CEQA Checklist Criteria
Fehr & Peers will conduct the assessment for the other three criteria of CEQA Guidelines Appendix G Checklist listed above and will develop mitigation measures if needed to address any significant impacts. As with the VMT analysis, this analysis will be performed for the group of all project sites. Site-specific analysis will not be performed.
Task 6: Documentation
Fehr & Peers will prepare a Transportation Impact Analysis (TIA) report that will document the data, analysis, calculations, and results of the work in Tasks 2-5. Fehr & Peers will prepare the following deliverables:
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November 18, 2022
Administrative Draft Transportation Impact Analysis
Draft Transportation Impact Analysis
Final Transportation Impact Analysis
Fehr & Peers has allocated up to a total of 18 hours of staff time to respond to two rounds of City staff and project team comments on the Admin Draft TIA and Draft TIA. Additional effort to respond to comments beyond that identified previously can be accommodated on a time-and- materials basis, subject to a scope and budget amendment.
Schedule & Fee Estimate
Fehr & Peers will submit the administrative draft TIA within twelve weeks of receipt of a Notice to Proceed.
We will perform Tasks 1 through 6 above for a fee of $42,385. Our detailed budget estimate is attached. We will conduct the work on time and materials basis and will not exceed this budget limit without your prior authorization. Invoices will be submitted monthly for services rendered and are due and payable upon receipt. Please contact Bill Burton at [email protected] or 925.357.3381 if you have any questions. We look forward to working with you on this project.
Sincerely,
FEHR & PEERS
Bill Burton, PE, RSP
Principal
P22-5814-WC
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DATE:
TO:
STAFF REPORT TO THE CITY COUNCIL
SUBMITTED BY: RBM
APPROVED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT “A”
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 4
WITH FOCUS STRATEGIES TO PROVIDE TECHNICAL ASSISTANCE
FOR UNHOUSED RESIDENT SERVICES
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED
I HEREBY CERTIFY
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT “A”
EXHIBIT “A”
AMENDMENT NO. 4
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF ANTIOCH AND FOCUS STRATEGIES
“City”
“Consultant”
RECITALS
NOW, THEREFORE THE PARTIES DO MUTUALLY AGREE AS
FOLLOWS:
Section 1. “SERVICES” shall be amended to read as follows Section 1.1 “Term of Services” the shall be amended to read as follows:
Section 2. “COMPENSATION”the first sentence shall be amended to read as follows:
“
”
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
l Meeting of January 1, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director SUBJECT: Short Term Lease Agreement with Meals on Wheels Diablo Region for Temporary Office Space at the Nick Rodriguez Community Center
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving a short-term lease agreement between the City of Antioch and Meals on Wheels Diablo Region for designated space at the Nick Rodriguez Center (Attachment B); and
2. Authorizing the City Manager to execute the Agreement.
FISCAL IMPACT
There will be a negligible impact to the City Budget related to the purchase of keys and an anticipated increase in utility costs resulting from an increased use of electricity.
DISCUSSION
For more than 50 years, Meals on Wheels Diablo Region has improved the lives of vulnerable seniors living in Contra Costa County by delivering nutritious meals and supportive services that allow seniors to remain in their homes, safely and with dignity.
On September 24, 2022, their headquarters in Walnut Creek suffered severe damage from a fire. While their offices are undergoing restoration, they are seeking alternative workspace to conduct their services. They will need alternate space for approximately one year.
Over the last year, Meals on Wheels Diablo Region delivered 111,419 meals to 763 older adults in Antioch. They also provide staff at the Antioch Senior Center on a weekly basis to help connect seniors with a variety of programs and services. To assist with their temporary office needs and to provide a benefit to the community, the City offered temporary space at the Nick Rodriguez Community Center, at no cost, for one year, subject to City Council approval. Meals on Wheels Diablo Region has indicated that it Antioch City Council Report
January 1, 2023 Agenda Item 2
intends to accept this offer. Therefore, staff seeks approval of a short-term lease agreement between the City and Meals on Wheels Diablo Region.
ATTACHMENTS
A. Resolution
B. Short Term Lease Agreement
C. Facility Site Plan
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A SHORT-TERM LEASE AGREEMENT WITH MEALS ON WHEELS
DIABLO REGION FOR TEMPORARY SPACE AT THE NICK RODRIGUEZ
COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT
WHEREAS, Meals on Wheels Diablo Region, a non-profit organization, provides services to senior residents of Antioch as well as services at the Antioch Senior Center; WHEREAS, Meals on Wheels Diablo Region’s offices suffered damage from a fire on September 24, 2022, resulting in the need for alternate office space; WHEREAS, to assist with this temporary need and to provide a benefit to the community, the City seeks to offer Meals on Wheels Diablo Region a short-term lease agreement for temporary space at the Nick Rodriguez Community Center, at no cost for a period of one year, subject to City Council approval; and WHEREAS, Meals on Wheels Diablo Region has indicated interest in accepting this offer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves a short-term lease agreement between the City and Meals on Wheels Diablo Region (“Agreement”) in substantially the form of Attachment B, for the use of temporary space at the Nick Rodriguez Community Center; and
2. Authorizes the City Manager to execute the Agreement, subject to approval of form 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 meeting thereof, held on the 1th day of January, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
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1 CITY OF ANTIOCH
SHORT TERM LEASE AGREEMENT
(NON STANDARD)
FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
FOR ROOMS 107 & 109
THIS SHORT TERM LEASE AGREEMENT (the “Lease”) is made and entered into by and between the City of Antioch (“Landlord”) and MEALS ON WHEELS DIABLO REGION (“Tenant”), for and in consideration of the premises and mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, under the following terms and conditions:
Introduction. Landlord owns the property located at 213 F Street, located in the City of Antioch, California, and commonly referred to as the Nick Rodriguez Community Center (the “Property”). The Property is improved with a community center and other improvements.
Description of the Leased Rooms. The Property includes that area commonly referred to as Rooms 107 & 109, which consists of approximately 220 square feet (“Rooms 107 & 109”).
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord Rooms 107 & 109, consisting of approximately 220 square feet (the “Rooms”), as shown on Exhibit A.
Term, Occupancy, Extension, Termination & Holdover.
a. Term. The term of this Lease shall commence on the date this Lease is executed by both Tenant and Landlord (the “Commencement Date”) and shall continue in effect for one (1) year (“Expiration Date”), unless earlier terminated as provided herein. b. Occupancy. Tenant may, upon execution of this Lease by Landlord and Tenant, occupy the Rooms on the Commencement Date subject to all terms and conditions of this Lease, provided Tenant complies with Section 15 (Insurance) and delivers an insurance certificate to Landlord prior to entry. Upon delivery of the insurance certificate, Landlord shall deliver possession to Tenant.
c. Rooms Use Termination. In addition to any other right to terminate for default as specified in this Lease, Landlord may terminate this Lease on sixty (60) days’ written notice if Landlord requires the Rooms for a public purpose or if the Property or Rooms are closed for the purposes of renovation or other construction of improvements. Tenant agrees it shall not assert any claims for compensation in the event of termination of this Lease and Landlord shall have no obligation to provide any alternate location for Tenant’s use. d. Holdover. Tenant shall not hold over after the expiration or earlier termination of the term hereof without the express prior written consent of Landlord. Continued possession, beyond the term of this Lease, notwithstanding any acceptance of rent by Landlord, shall constitute a month-to-month extension of this Lease. During any holdover period, Landlord shall be entitled to rent equal to two times the fair market value of the Rooms, as reasonably determined by the Landlord.
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2 Rent. No rent shall be due and payable by Tenant in connection with this Lease during the term.
Condition of, and Improvements to Rooms.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Rooms prior to, or as a condition of, Tenant’s occupation of the Rooms. However, Landlord reserves the right to close, make alterations or additions to, or change the location of elements of the Property and the Rooms.
b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Rooms and the Property. Tenant agrees to take possession of the Rooms in an AS-IS condition (which exists on the date this Lease is signed). Landlord makes no representations related to the Rooms or the Property regarding the condition, status, compliance with Laws or suitability for a particular purpose for Tenant’s use.
c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Rooms to Landlord in as good condition as when originally received, ordinary wear and tear excepted. If Tenant fails to maintain the Rooms in good order and repair, after thirty (30) days’ prior written notice, Landlord may, at its option, make such repairs, at Tenant’s sole expense.
Use. The Rooms shall only be used by and available to Tenant from 8:00 a.m. through 10:00 p.m. on weekdays, excluding holidays. The Rooms shall be used only for Tenant’s nonprofit clerical or business operations or for storage space related to Tenant’s nonprofit operations, and not for events, and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Rooms for purposes other than those specified without first obtaining the written consent of Landlord.
a. Unsecured Space. Tenant shall be solely responsible for security and storage of any personal property of Tenant within the Rooms, and for providing any furniture, equipment or secured storage containers required by Tenant for use of the Rooms. b. Adjacent Tenants; Coordination; Rules and Regulations. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management of the Rooms or Property (“Rules and Regulations”), including rules and regulations related to access to and any security codes or keys to access the Property or Rooms. Landlord’s initial Rules and Regulations are attached to this Lease as Exhibit “B” and incorporated herein by reference. Landlord shall notify Tenant of all additions or changes to such Rules and Regulations, and shall provide a written copy of any new or modified Rules and Regulations to Tenant. The violations of any such Rules and Regulations shall be deemed a material breach of this Lease by Tenant. Landlord will try to enforce the Rules and Regulations, to the extent applicable to other tenants or users of the Property, but will not be liable to Tenant for the violation or non-performance of the Rules and Regulations by any other tenant or user of the Property.
c. Use of Property by Public; Emergency Use. Tenant recognizes that the Property is used and accessed by the public as a community center. The Property is used for a variety of activities that often involve singing, dancing, music, or other noise. Tenant acknowledges that
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3 these activities will continue to occur for the duration of the Lease. None of the foregoing shall be a violation of this Lease by Landlord.
d. Conference Room. The Property contains a conference room, available only upon prior request and subject to availability. All use of the conference room must be booked in advance with the Parks and Recreation department of the City of Antioch, as further detailed in the attached Exhibit “B”.
e. Parking Areas; Access to Rooms. Subject to the attached Rules and Regulations, Tenant shall have the non-exclusive right to use the parking area (first-come first-served basis) and driveways, sidewalks, common area pathways and hallways to and from the parking area and Rooms (the route for which Landlord may designate from time to time), and the restroom identified in Exhibit “B” in common with the other tenants and users of the Property, as well as with Landlord’s use of same. Tenant shall not have the right to use any other portions of the Property.
Compliance with Laws; Non-Discrimination; Hazardous Materials. a. Tenant, at Tenant’s expense, shall comply with and cause all of Tenant’s agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Rooms or the Property, or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, “Laws”). b. Tenant herein covenants by and for itself, its heirs, executors, administrators, successors, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Rooms.
c. Tenant shall not cause or permit any hazardous materials to be brought upon, kept, used, discharged, deposited or leaked in or about the Rooms.
Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Rooms, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant, occupant or user of the Property or injure or annoy them. Tenant shall not use or allow the Rooms to be used for any improper, immoral, or objectionable purposes, to be determined Landlord’s sole and absolute judgment. Tenant shall be responsible for all damage to the Rooms or any other portion of the Property caused by Tenant or its employees, agents, invitees, contractors or assignees (individually, a “Tenant Party” and collectively “Tenant Parties”).
Repair and Maintenance.
a. Landlord shall repair and maintain the roof, structural foundations, exterior walls of the building, and common areas in which the Rooms are located unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant or any Tenant Parties, in which case Landlord shall promptly cause the repairs to be made at Tenant’s sole expense.
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4 b. Tenant shall, at Tenant’s sole cost and expense, maintain the Rooms except as noted under Section 8(a), above, in good, clean condition and repair. c. Tenant shall, at its sole expense, (a) within the Rooms, provide separate and suitable water-tight receptacles for all garbage and refuse produced or accumulated in the Rooms; and (b) at the close of each day (and more often if required by Landlord) remove the same to any garbage area as designated by Landlord.
Utility Charges. Tenant shall not be charged for normal utility usage. Landlord shall not be responsible for any interruptions or disturbance of service. No internet service is provided, and any provision and installation of internet service shall be at Tenant’s sole cost and subject to the reasonable approval of Landlord.
Revenue & Taxation Code Section 107.6 Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section, be responsible for payment of property taxes levied against such possessory interest.
Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Rooms.
Assignment and Subletting; Encumbrances. Tenant shall not either voluntarily, or by operation of law, convey, assign, transfer, mortgage, pledge, sublet or encumber any interest in the Rooms including, but not limited to, by deed of trust or other security instrument, during the term of this Lease.
a. Tenant shall not allow any other person (with the exception of Tenant Parties) to occupy or use the Rooms, or any portion thereof, without Landlord’s prior written consent, which may be granted or refused in Landlord’s sole discretion. b. Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, encumbrance, deed of trust or any other security instrument shall be void where prior written consent has not first been obtained from Landlord.
Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Rooms at reasonable times to inspect and examine the same and to make such repairs to the Rooms as the Landlord shall deem advisable, and to show the Rooms to prospective tenants, buyers or lenders.
Indemnification.
a. Waiver of Claims. Landlord shall in no way be liable for any loss of property in the Rooms, however occurring, or for any damage done to the effects of Tenant by any employee, consultant, tenant, member of the public, or other outside person, and Landlord shall have no obligation whatsoever to provide security measures for the benefit of the Rooms. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and all Tenant Parties. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant’s sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and its officers,
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5 officials, employees, contractors, agents and volunteers from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Rooms or any other portion of the Property, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or any Tenant Parties in or about the Rooms or the Property except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. The obligations of Tenant under this Section 15(b) shall survive the termination or earlier expiration of this Lease.
c. Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Rooms and its property including, but not limited to, Tenant’s fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Rooms, arising from any cause.
Insurance. Tenant shall obtain and maintain at all times during the term of this Lease insurance against claims for injuries to personal or damages to property which may arise from or in connection with the Lease by the Tenant or any Tenant Parties. Tenant shall obtain and furnish proof of coverage as to each type of insurance required. The insurance provisions are not to be construed in any way as a limitation on liability under this Lease. a. Property Insurance. Property insurance to insure against fire, lightening, vandalism and malicious mischief, covering damage to or loss of any of Tenant’s personal property, fixtures, equipment, improvement and alterations, including electronic data processing equipment (collectively, “Tenant’s Property”) (and coverage for 100% of the replacement cost thereof including business interruption of Tenant);
b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).
A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, products/completed operations. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an “Insured Contract” for the performance of Tenant’s indemnity obligations under this Lease;
c. Worker’s Compensation . Workers’ compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Rooms including coverage for all states and, if applicable, voluntary compensation, together with employer’s liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); d. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 15(a) and (b) above. The umbrella liability or excess liability policy shall be written on an “occurrence” form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord.
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6 e. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Rooms and/or the building in which the Rooms are located, and to the fixtures, personal property, Tenant’s improvements, and alterations of either Landlord or Tenant in or on the Rooms and/or the building in which the Rooms are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. f. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, VII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Rooms, unless otherwise allowed by Landlord. Such certificates of insurance must specifically show all the special policy conditions required in this paragraph, including “additional insured,” “waiver of subrogation,” “notice of cancellation,” and “primary insurance” wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof.
Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy.
g. Additional Insureds; Endorsements. With respect to CGL Insurance, Tenant shall name Landlord, its officers, officials, employees, agents and volunteers as additional insureds with respect to any claims arising out of Tenant’s operations in or upon the Rooms. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party’s additional insured status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy.
Damage or Destruction of Rooms. In the event that repairs are necessary to alleviate structural hazards because the Rooms are damaged by the elements, acts of God, or other circumstances not caused by the negligence or willful misconduct of Tenant Parties, Tenant shall inform Landlord in writing of such necessity. Landlord shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs.
Default. The occurrence of any of the following shall constitute a default by Tenant:
a. Tenant shall fail to pay when due any rent or any other monetary sum payable under this Lease.
b. Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease if such default continues for a period of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) day period and thereafter diligently pursues it to completion.
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7 c. Institution of voluntary bankruptcy proceedings by Tenant; Institution of involuntary bankruptcy proceedings in which the Tenant thereafter is adjudged a bankruptcy; assignment for the benefit of creditors of the interest of Tenant under this Lease; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver.
d. The abandonment of the Rooms by Tenant, or the vacation (hereby defined to be sixty (60) or more consecutive days of continual absence from the Rooms) of the Rooms by Tenant.
Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Rooms.
Landlord’s Remedies. In the event of any such material breach or default by Tenant, Landlord may at any time thereafter, with or without notice or demand, and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach, do any of the following:
a. Terminate the Lease on written notice to Tenant, in which case Tenant shall immediately surrender possession of the Property to Landlord on the termination date specified by Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Property, including all attorneys’ fees and court costs incurred, if any. b. Maintain Tenant’s right to possession in which case this Lease shall continue in effect, and Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease.
c. Pursue any other remedy available to Landlord at law or in equity.
Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Rooms, whether inside or outside the Rooms, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances and Historic Preservation laws. Unapproved signs, banners, flags, etc., shall be removed by Tenant upon Landlord’s request.
Relocation Benefits. Tenant agrees that its use of Rooms or this Lease shall not entitle Tenant to any relocation benefits pursuant to federal, state or local law and waives any such claim against Landlord.
Condemnation. If the Rooms or the Property is taken by condemnation, the Lease shall terminate on the date of the acquisition.
No Dedication. Nothing contained in this Lease shall be deemed a gift or dedication of any portion of the Rooms to or for the general public or for any public purpose whatsoever.
Reservations. Landlord reserves the right, without the consent of Tenant, to grant such easements, licenses, rights or dedications that Landlord deems necessary.
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8 No Personal Liability. No member, officer, official or employee of the Landlord shall be personally liable in the event of any default or breach by the Landlord.
Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Rooms and to Landlord at: City of Antioch, P.O. Box 5007, Antioch, CA 94531-5007, Attn. City Manager.
Waiver. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.
Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.
Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Titles and Definitions. The titles of paragraphs herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words “Landlord” and “Tenant” as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.
Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.
Choice of Laws; Interpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. Venue shall be in Contra Costa County. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.
Authority. Tenant and Landlord warrant that the individuals who have signed this Lease have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.
No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.
Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.
Counterparts. This Lease may be signed in counterparts, each of which shall be deemed to be an original, all of which together shall constitute one and the same document. Counterparts may be delivered via U.S. Mail, facsimile, electronic mail (including .pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g. www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 82595.00009\40098757.2
9 [Signatures on following page]
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10 SIGNATURE PAGE TO
CITY OF ANTIOCH
SHORT TERM LEASE AGREEMENT
(NON STANDARD)
FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.
Date:__________________________
TENANT
By:
Caitlin Sly,
Executive Director
Meals on Wheels Diablo Region
Date:__________________________
LANDLORD
CITY OF ANTIOCH
By:
Cornelius H. Johnson, City Manager
ATTEST:
By:_____________________________
Elizabeth Householder, City Clerk
APPROVED AS TO FORM:
By: ____________________________
Thomas Lloyd Smith, City Attorney
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Exhibit A
EXHIBIT A
DEPICTION OF ROOM 107 AND ROOM 109
[attached behind this page]
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Exhibit B
EXHIBIT B
RULES AND REGULATIONS
1. Use shall be limited to Mondays-Fridays from 8am-10pm. No use will be allowed on Saturdays, Sundays, or City Holidays.
2. Tenant will be issued two (2) keys to the main entrance of the Nick Rodriguez Community Center and two (2) keys to the Rooms. Tenant will be issued a security alarm code to the building. Tenant shall be responsible for arming the security alarm when they are the last to leave the facility. Tenant shall keep confidential the security alarm code, and shall not make copies of the keys and shall store the keys in a safe location. Tenant shall be responsible to Landlord for all costs incurred by Landlord should Tenant lose or misplace a key.
3. Tenant may use the restrooms located to the south of the Multi-Purpose room (rooms 117 and 118 on the building plans).
4. Use of the conference room (room 121) is available on a limited first come, first served basis. A sign-up sheet/ schedule will be posted outside the room. The City will have first priority to use the space when needed.
5. Use of the Property is limited to the areas described in the Lease agreement. No other use of space on the Property is allowed.
6. Tenant may use the parking lot to the west of the building. No spaces are reserved or assigned.
7. The Rules and Regulations apply to Tenant and any Tenant Parties.
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Meeting of January 1, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY:Kwame P. Reed, Economic Development Director SUBJECT: Amendment of the City of Antioch’s Surplus Property List to Include 275 W. Tregallas Rd., Antioch CA
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution amending the City of Antioch’s Surplus Property List to include 275 W. Tregallas Rd., Antioch, CA.
FISCAL IMPACT
The proposed action does not commit the City to sell any property or to any terms. As such, there is no fiscal impact associated with this action.
DISCUSSION
California Assembly Bill 1486 (Ting, 2019), known as the Surplus Land Act (SLA) and codified in Government Code Section 54220-54234, imposed new requirements on local governments regarding surplus real estate. The purpose of the SLA is to promote the development of affordable housing and to require local agencies (cities, counties and special districts) to use existing surplus land to further this goal. In summary, the SLA requires cities to document their surplus land, to submit a list of surplus land to the State for public review, and to consider affordable housing development on surplus land ahead of other projects.
On March 23, 2021, the Antioch City Council adopted Resolution 2021-41, that approved the City’s Surplus Property List in accordance with the SLA. The property located at 275 W. Tregallas (“Subject Property”), was not included in the original list, but based on Council direction, staff was directed to proceed with adding the Subject Property to the Surplus Property List.
If approved, staff will proceed with making the Subject Property available through the SLA process and will add the Subject Property to the City’s Surplus Property List.
Surplus Property List
The approved Surplus Property List includes twenty-five (25) distinct properties. The properties on the City’s Surplus Property List include vacant lots, a gravel parking lot, and
Antioch City Council Report
January 1, 2023 Agenda Item 2
a portion of a greenbelt that had been identified as a potential development site. The Subject Property will be added to the existing list and is summarized as follows:
Property ID 25: The parcel located at 275 W. Tregallas Rd. is currently utilized by the Delta Learning Center and is approximately 0.427 acres includes a 2,884 square foot building and accompanying parking lot.
The City Council is asked to adopt the Resolution approving the amendment to the Surplus Property List for the purpose of complying with the Surplus Lands Act.
ATTACHMENT
A. Resolution with Exhibit
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING THE
CITY-OWNED SURPLUS PROPERTY LIST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 54220-54234
WHEREAS, California Assembly Bill 1486 (Ting, 2019), known as the Surplus Land Act (SLA) and codified in California Government Code Section 54220-54234, imposed new requirements on local governments regarding surplus land; WHEREAS, California Government Code Section 54230(a)(2)(A) requires the production and submittal of a list of City-owned surplus land to the California Department of Housing and Community Development (HCD); and WHEREAS, the City of Antioch has determined that it possesses 25 distinct properties qualifying as surplus land, shown in the table and map attached as Exhibit 1 to this resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby adopts the list of City-owned surplus land in accordance with California Government Code Section 54230(a)(2)(A).
* * * * * * * *
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of Antioch, County of Contra Costa, State of California, at a meeting of said City Council held on the day of January 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Exhibit 1 – Surplus Property List and Map
Contra Loma BlvdLone Tree WayA StL St
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of January 13, 2023
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 commissions 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
January 13, 2023 Agenda Item # 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. 2023-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 state 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 to 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 officials 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 subdivision (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 recommending 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 special meeting thereof, held on the 13th day of January, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT A
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Agenda Item #
DATE:
TO:
STAFF REPORT TO THE CITY COUNCIL
Meeting of January 1, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Discussion Item: City Council Members’ Salaries
RECOMMENDED ACTION
It is recommended that the City Council provide direction to staff regarding salaries for City Council Members.
FISCAL IMPACT
No fiscal impact until January 1, 2025.
DISCUSSION
The City of Antioch is a General Law City that may adopt an ordinance providing for salaries to the council members. (Cal. Gov’t Code section 36516) The maximum salary can be determined by a statutory formula based on population or by increases of no more than five percent for each calendar year from when the last salary adjustment was adopted pursuant to an ordinance. The California Attorney General’s Office has opined that this calculation is on a simple, non-compounded basis (Cal. Attorney Gen. Opinion No. 06-504). State law does not allow automatic future increases in salary. An ordinance amending council members’ salaries does not become effective until after the next municipal election.
Pursuant to Ordinance No. 2171-C-S adopted on September 10, 2019, the salaries for the Antioch City Council Members were last increased to $1,600.04 per month effective January 1, 2021.
State law would permit an increase to $1,852.25 per month effective January 1, 2025 by applying the allowed five percent increase for four years (on a simple, non-compounded basis) to the $1,600.04, which became effective January 1, 2021.
City Council may consider the following options effective January 1, 2025:
No increase in salaries
Increase salaries to an amount less than $1,852.25
Increase salaries to $1,852.25
ATTACHMENT
A. None.
Agenda Item #
DATE:
TO:
STAFF REPORT TO THE CITY COUNCIL
l Meeting of January 1, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Rosanna Bayon Moore, Assistant City Manager RBM SUBJECT: Standby City Council Members
RECOMMENDED ACTION
It is recommended that the City Council appoint the following nominees as standby city council members:
Mayor Thorpe: 1) ; 2) ; 3)
Mayor Pro Tem Torres-Walker: 1) ; 2) ; 3)
(District 1)
Council Member Barbanica: 1) ; 2) ; 3)
(District 2)
Council Member Ogorchock: 1) ; 2) ; 3)
(District 3)
Council Member Wilson: 1) ; 2) ; 3)
(District 4)
FISCAL IMPACT
No fiscal impact is anticipated as there is no compensation for standby council members.
DISCUSSION
Pursuant to State Law (Government Code Sections 8636-8644), Article 6 of Title 2 of the Antioch Municipal Code provides for the appointment of standby council members in the event of a declaration of emergency and a council member is unavailable due to being killed, missing or having an incapacitating injury.
Each council member shall nominate three standby members and indicate the order of priority of each standby member. Consideration shall be given to places of residence and work such that the greatest probability of survivorship or availability exist. While not required, priority shall be given to city residents who are at least 18 years of age and are Antioch City Council Report
January 1, 2023 Agenda Item 2
registered voters. The City Council shall then appoint the nominees as standby council members.
Standby council members may become activated during a state of war emergency, a state of emergency or a declared local emergency. No standby member shall become a member of the City Council unless there is a declared emergency described above. The mere vacancy of the regular Council Member's office absent a declared emergency shall not activate the standby member. The first priority standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including standby officers who are serving. If the first priority standby member is unavailable, the second priority shall serve, and so forth. Standby members shall serve at the pleasure of the governing body appointing them, and may be removed and replaced at any time with or without cause.
The provision for standby council members allows for the continuity of government in the event of a catastrophic emergency. Standby council members are not activated in the event of a “regular” vacancy in a council seat.
ATTACHMENTS:
None
Agenda Item #
DATE:
TO:
STAFF REPORT TO THE CITY COUNCIL
l Meeting of January 1, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Rosanna Bayon Moore, Assistant City Manager RBM SUBJECT: City Council Appointments to Council Committee Assignments
RECOMMENDED ACTION
It is recommended that the City Council review and discuss City Council Committee Assignments. Mayor Thorpe will advance appointments for City Council approval by majority vote to be acted upon as follows:
Motion to approve all appointments for Mayor Thorpe,
Motion to approve all appointments for Mayor Pro Tem (Council Member District ) – ,
Motion to approve all appointments for Council Member District – , Motion to approve all appointments for Council Member District – , and
Motion to approve all appointments for Council Member District – .
FISCAL IMPACT
This recommended action has no direct fiscal impact.
DISCUSSION
Council committee assignments are reviewed and revisited every two years.
ATTACHMENTS
A. Council Committee Assignments for 2020-2022
CITY OF ANTIOCH EXHIBIT 1
COMMITTEE REPRESENTATIVES COMMITTEE INFORMATION
ABAG
(Association of Bay Area Govmt)
Council Member Torres-Walker
Council Member Ogorchock (alt.)General Assembly- once a year Chamber of Commerce Liaison Council Member Ogorchock
2nd Thursday of month,
8:00 A.M.
Chamber Conference Room
Community Advisory Board- SF
Bay Water Emergency Transit
Authority
Council Member Torres-Walker TBD
Delta Diablo Mayor Thorpe
Mayor Pro Tem Wilson (alt.)
2nd Wednesday of month,
4:30 P.M.,
2500 Pittsburg/Antioch Highway
East Bay Division
(League of California Cities)Council Member Barbanica
3rd Thursday of month,
6:00 P.M.
Rotates between Contra Costa and
Alameda Counties
TRANSPLAN Mayor Thorpe
Mayor Pro Tem Wilson (alt.)
2nd Thursday of month,
6:30 P.M.
Tri Delta Transit - 801 Wilbur Ave
East Contra Costa Regional Fee
and Financing Authority
(ECCRFA)
Mayor Thorpe
Mayor Pro Tem Wilson (alt.)
2nd Thursday of month,
6:30 P.M.
Tri Delta Transit - 801 Wilbur Ave
State Route 4 By-Pass AuthorityMayor Thorpe
Mayor Pro Tem Wilson (alt.)
2nd Thursday of month,
6:30 P.M.
Tri Delta Transit - 801 Wilbur Ave
East County Water Management
Association Council Member Barbanica As needed, 2-3 times per year Tri Delta Board of Directors
Eastern Contra Costa Transit
Authority
Mayor Thorpe
Mayor Pro Tem Wilson (alt.)
4th Wednesday of month,
4:00 P.M.,
Tri Delta Transit, 801 Wilbur Ave
Northeast Antioch Annexation Council Member OgorchockAs needed Mayors' Conference Mayor Thorpe
Mayor Pro Tem Wilson (alt.)
1st Thursday of month,
6:30 P.M.
Rotates between cities of Contra
Costa County
Council Appointments
December 2020 to December 2022
Council Committee Assignments
CITY OF ANTIOCH EXHIBIT 1
Community Development Block
Grant (CDBG) Committee
Council Member Barbanica
Council Member Torres-Walker
Standing Committee - As needed
Community Development Dept. to
develop agenda and handle noticing
Lone Tree Golf Course
Committee
Mayor Pro Tem Wilson
Council Member Ogorchock
Standing Committee - As needed
Parks and Rec. Dept. to develop
agenda and handle noticing
City/School Committee Council Member Ogorchock
Council Member Torres-Walker
Standing Committee - As needed
City Manager's to develop agenda
and handle noticing
Cannabis Committee Mayor Pro Tem Wilson
Council Member Torres-Walker
Standing Committee - As needed
City Attorney's Office to develop
agenda and handle noticing
Waterfront Revitalization
Committee
Mayor Pro Tem Wilson
Council Member Torres-Walker
Standing Committee - As needed
City Manager's Office to develop
agenda and handle noticing
I
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Special City Council Meeting of January 13, 2023
TO: Honorable Mayor and Members of the City Council
PREPARED BY: Rosanna Bayon Moore, Assistant City Manager RBM Lt. John Fortner, Office of Emergency Services Coordinator
SUBMITTED BY: Cornelius H. Johnson, City Manager
SUBJECT: Resolution Ratifying the Proclamation of the Director of Emergency Services and Proclaiming a Local Emergency Concerning the Severe Winter Storms
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution ratifying the proclamation of the Director of Emergency Services declaring a local emergency associated with the State Declared Severe Winter Storms, locally identified as the 2023 January Winter Storm Event.
FISCAL IMPACT
The full fiscal impact of a response to the 2023 January Storm Event is yet to be determined. Expenditures associated with the local emergency are currently estimated at $3.8 million dollars.
DISCUSSION
In late December 2022, severe winter storms commenced with high winds, heavy rainfall, and other "atmospheric river" conditions that to date have resulted in flooding, mudslides, fallen trees, and other property damage throughout the San Francisco Bay Area, including Contra Costa County and the City of Antioch.
On January 12, 2023, pursuant to Section 4-2.06(A)(1) of the Antioch Municipal Code, City Manager Cornelius H. Johnson in his capacity as the City’s Director of Emergency Services proclaimed a local emergency concerning the 2023 January Winter Storm Event. The action is in response to emergent local needs, consistent with actions taken by state and regional governments to protect public health, safety, and welfare.
Antioch City Council Report
January 13, 2023 Agenda Item I 2
The proposed resolution attached to this staff report requests that the City Council take action to ratify the proclamation so that the local emergency can continue in force and effect. It also declares the intent of the City Council to review the need for continuing the local emergency declaration at least once every 60 days until termination in compliance with California Government Code Section 8630.
ATTACHMENTS
A. Resolution
B. City of Antioch Proclamation
C. Proclamation of State Emergency
D. Contra Costa Proclamation of Local Emergency
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
RATIFYING THE PROCLAMATION OF THE DIRECTOR OF EMERGENCY SERVICES AND
PROCLAIMING A LOCAL EMERGENCY CONCERNING THE SEVERE WINTER STORMS WHEREAS, on January 4, 2023, State of California Governor Gavin Newsom proclaimed a state of emergency to exist to a series of atmospheric river systems that have struck the state with high winds, substantial precipitation and urban flooding; WHEREAS, on January 10, 2023, the Contra Costa County Administrator Monica Nino proclaimed a local emergency due to uncommon and extreme weather conditions consisting of heavy rainfall and high winds, and the resulting impacts of flooding, downed trees and infrastructure damage;
WHEREAS, the City Manager, in his capacity as Director of Emergency Services of the City of Antioch, does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Antioch, caused by the 2023 January Winter Storm event and the City Council of the City of Antioch is not in session.
WHEREAS, conditions within Antioch City Limits may result in a response to flooding, damage and displacement beyond the control of City services, personnel, equipment, and facilities;
WHEREAS, on January 12, 2023, pursuant to Section 4-2.06(A)(1) of the Antioch Municipal Code, the Director of Emergency Services proclaimed a local emergency and now requests that the City Council take action to ratify the proclamation so that the local emergency can continue in force and effect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby ratifies the proclamation of the Director of Emergency services and proclaims that a local emergency exists and shall continue to exist in the City of Antioch until the City Council resolves that the local emergency is terminated.
BE IT FURTHER RESOLVED that in compliance with California Government Code Section 8630, the City Council shall review the need for continuing the local emergency declaration at least once every 60 days until termination. * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a l meeting thereof, held on the 13th day of January, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
ATTACHMENT