ANNOTATED (*AMENDED) AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, March 14, 2023
Time: 6:30 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
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
ACCESSIBILITY: 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 disab ilities. 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- MARCH 14, 2023
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include r esolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
6:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, and District 4 Wilson
[Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe – Absent] Council Member Wilson opened and presided over the meeting.
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to California Government Code section 54956.9(b): One case.
Council voted to place City Manager Con Johnson on
Administrative Leave effective immediately,
Approved 3/0/2-(Torres-Walker and Thorpe-Absent)
6:31 P.M. ADJOURNED TO CLOSED SESSION
7:00 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Council Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, and Mayor Pro Tem (District 1) Torres-Walker
(Mayor Thorpe – Absent]
Council Member Wilson opened and presided over the meeting.
ANTIOCH CITY COUNCIL -2- MARCH 14, 2023
ONCE QUORUM WAS ESTABLISHED, COUNCIL MEMBER BARBANICA EXCUSED HIMSELF
AND LEFT THE MEETING FOR HEALTH REASONS
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. INTRODUCTION OF NEW CITY EMPLOYEES
2. PROCLAMATION
• American Red Cross Month, March 2023
Approved, 3/0/2 (Barbanica and Thorpe-Absent)
Recommended Action: It is recommended that the City Council approve the proclamation.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
3. PRESENTATIONS – KOSMONT Presentation on Economic Development Public Financing Mechanisms, presented by Senior Vice President Joseph Dieguez, Kosmont Companies
DUE TO TECHNICAL ISSUES, THE PRESENTATION ORDER WAS SWITCHED.
– Sales Tax Citizens’ Oversight Committee Presentation - Measure W presented by Vice Chairperson Dr. Kate Mundhenk and Committee Member Susana Williams
7:46 P.M. MAYOR THORPE ARRIVED DURING THE SALES TAX CITIZENS’ OVERSIGHT COMMITTEE PRESENTATION.
ANTIOCH CITY COUNCIL -3- MARCH 14, 2023
COUNCIL MEMBER WILSON REQUESTED A MOTION TO SUSPEND THE RULES TO PLACE MAYOR’S COMMENTS BACK ON THE AGENDA; APPROVED 4/0
4. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 24, 2023 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2023 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 23, 2023 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.
D. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2023 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
E. APPROVAL OF COUNCIL WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
F. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
G. REJECTION OF CLAIMS: SUBMITTED BY JARROD GARNER, REAGAN DEGUZMAN
AND ERICA TIFFANY THOMAS ON BEHALF OF HONESTII LUMSEY
Rejected, 4/0
Recommended Action: It is recommended that the City Council reject the claims submitted by Jarrod Garner, Reagan DeGuzman and Erica Tiffany Thomas on behalf of Honestii Lumsey.
ANTIOCH CITY COUNCIL -4- MARCH 14, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
H. EIGHTH AMENDMENT TO THE DESIGN CONSULTANT SERVICES AGREEMENT WITH
SWATT MIERS ARCHITECTS FOR IMPROVEMENTS TO CITY HALL COUNCIL
CHAMBERS INTERIOR REMODEL/CITY HALL IMPROVEMENTS AND LEO FONTANA FOUNTAIN (P.W. 247-P, P.W. 247-S AND P.W. 247-R)
Reso No. 2023/35 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the eighth amendment to the Design Consultant Services Agreement with Swatt Miers Architects for
improvements to City Hall Council Chambers Interior Remodel/ City Hall Improvements and Leo Fontana Fountain, in the amount of $16,610.63 for a total contract amount of
$387,193.13; and
2) Authorizing and directing the City Manager or designee to execute the eighth amendment to the Design Consultant
Services Agreement in a form approved by the City Attorney.
I. RESOLUTION ACCEPTING COMPLETED IMPROVEMENTS FOR PARK RIDGE PHASE 2, TRACT NO. 9845 (P.W. 674-2)
Reso No. 2023/36 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting the completed improvements, authorizing the City Manager or designee to file a Notice of Completion for the Park Ridge Phase 2 Project, Tract No. 9845 (P.W. 674-2).
J. RESOLUTION ACCEPTING COMPLETED IMPROVEMENTS FOR PARK RIDGE PHASE 3, TRACT NO. 9517 (P.W. 674-3)
Reso No. 2023/37 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting the completed improvements, authorizing the City Manager or designee to file a Notice of Completion for the Park Ridge Phase 3 Project, Tract No. 9517 (P.W. 674-3).
K. RESOLUTION ACCEPTING COMPLETED IMPROVEMENTS FOR PARK RIDGE PHASE 4, TRACT NO. 9490 (P.W. 674-4)
Reso No. 2023/38 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting the completed improvements, authorizing the City Manager or designee to file a Notice of Completion for the Park Ridge Phase 4 Project, Tract No. 9490 (P.W. 674-4).
ANTIOCH CITY COUNCIL -5- MARCH 14, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
L. CONSIDERATION OF BIDS FOR THE ANTIOCH CAPE SEAL 2023 PROJECT (P.W. 328- 13)
Reso No. 2023/39 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an amendment to the Fiscal Year 202 2/23 Capital Improvement and Operating Budget to increase the funding from the Road Maintenance and Rehabilitation Account
(RMRA) Fund for the Antioch Cape Seal 2023 Project by
$700,000;
2) Awarding the construction agreement to the lowest,
responsive, and responsible bidder, American Pavement
Systems, Inc.;
3) Approving the construction agreement with American
Pavement Systems, Inc. in the amount of $2,161,756.07; and
4) Authorizing the City Manager to execute the construction agreement with American Pavement Systems, Inc. for a total amount of $2,161,756.07.
M. SECOND AMENDMENT TO THE AGREEMENT WITH TJKM TRANSPORTATION CONSULTANTS FOR DESIGN CONSULTING SERVICES (P.W. 282-20) Reso No. 2023/40 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an amendment to the Fiscal Year 2022/23
Operating Budget to increase the funding from Gas Tax Funds for the development of three Highway Safety Improvement Program grant applications in the amount of $45,000;
2) Approving the second amendment with TJKM Transportation Consultants in the amount of $45,000 for a total contract amount of $116,989.22; and
3) Authorizing the City Manager to execute the second
amendment to the Agreem ent with TJKM Transportation
Consultants.
ANTIOCH CITY COUNCIL -6- MARCH 14, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
*N. RESOLUTION DESIGNATING AUTHORIZED AGENTS OF THE CITY OF ANTIOCH FOR CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES (CAL-OES) AND FEMA PUBLIC ASSISTANCE GRANTS AND APPROVING CAL OES FORM 130 Reso No. 2023/41 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution designating the Public Works Director, Finance Director, and City Manager as authorized agents to execute documents and/or agreements on behalf of the City of Antioch for the purpose of obtaining disaster public assistance grants from Ca l-OES and FEMA approving the corresponding Cal-OES Form 130.
PUBLIC HEARING
5. APPEAL OF THE PLANNING COMMISSION APPROVAL OF THE SOMERSVILLE
LIQUOR STORE USE PERMIT
Reso No. 2023/42 adopted
Granting the appeal and denying the use permit,
3/0/1 (Torres-Walker-Abstained)
Recommended Action: It is recommended that the City Council adopt the resolution:
• Denying the appeal and approving the use permit with
Conditions of Approval;
Or
• Granting the appeal and denying the use permit.
6. APPEAL OF PLANNING COMMISSION APPROVAL OF TREE REMOVAL PERMIT AT 411 WEST 5TH STREET
Motion to deny the appeal failed, 2/2 (Wilson and Thorpe – NO) Planning Commission’s decision approving the Tree Removal Permit stands Recommended Action: It is recommended that the City Council take the following action:
• Deny the appeal and approve the Tree Removal Permit;
Or
• Approve the appeal and deny the Tree Removal Permit.
ANTIOCH CITY COUNCIL -7- MARCH 14, 2023
PUBLIC HEARING – Continued
7. ORDINANCE FORMING A NEW ENGINEERING DEPARTMENT AND MODIFYING THE
PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS
Postponed, 4/0
Recommended Action: It is recommended that the City Council introduce, read by title only, and waive further reading of the ordinance amending and restating Articles 1, 2, and 9 and adding Article 10 to Chapter 3 Title 2 of the Antioch Municipal Code reorganizing the Public Works and Community Development Departments and creating a new Engineering Department.
COUNCIL REGULAR AGENDA
COUNCIL MEMBER WILSON MADE A MOTION TO REMOVE THE NEXT ITEM FROM THE TABLE TO DISCUSS. THE MOTION WAS VOTED ON AND APPROVED BY A MAJORITY VOTE OF 3/1 (OGORCHOCK)
8. RESOLUTION APPROVING AN AMENDMENT TO THE 2022/23 FISCAL YEAR BUDGET TO INCLUDE EXPENDITURES FOR THE JULY 4, 2023, CELEBRATION IN THE AMOUNT OF $110,000
Reso No. 2023/43 adopted, 3/1 (Ogorchock)
Recommended Action: It is recommended that the City Council adopt the resolution approving an amendment to the 2022/23 Fiscal Year budget to include expenditures for the July 4, 2023, Celebration in the amount of $110,000.
9. FORMATION OF A HUMAN RIGHTS AND RACIAL EQUITY AD HOC COMMITTEE Reso No. 2023/44 adopted appointing
Mayor Pro Tem (District 1) Torres-Walker and Council Member Ogorchock for a duration of six months, 4/0
Recommended Action: It is recommended that the City Council take the following actions:
1) Determine if the City Council wishes to form a Human Rights and Racial Equity Ad Hoc Committee for the purposes
described in the resolution;
2) Confirm the appointment of two (2) members f or the Human Rights and Racial Equity Ad Hoc Committee;
3) Confirm the duration of the Human Rights and Racial Equity Ad Hoc Committee; and
4) Adopt the resolution forming the Human Rights and Racial Equity Ad Hoc Committee.
ANTIOCH CITY COUNCIL -8- MARCH 14, 2023
PUBLIC COMMENT
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and City Manager – no longer than 6 months.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second of the motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn Regular Meeting at 11:34 p.m., 4/0
AMERICAN RED CROSS MONTH
MARCH 2023
WHEREAS, during American Red Cross Month in March, we celebrate the humanitarian spirit of Contra Costa and reaffirm our commitment to help ensure no one faces a crisis alone;
WHEREAS, caring for one another is at the heart of our community and exemplified by the people of Contra Costa, whose simple acts of kindness through American Red Cross provide help and hope in people’s most difficult moments, continuing the lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago to prevent and alleviate human suffering;
WHEREAS, every day, these ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need, whether it’s providing emergency shelter, food, and comfort for families displaced by home fires, floods and other disasters. In 2022, the Red Cross assisted 172 families in need;
WHEREAS, every day, these ordinary individuals donate lifesaving blood for cancer patients, accident victims, and people with sickle cell disease and other life-threatening conditions. In 2022, there were 568 blood drives held in Contra Costa County, collecting over 16,823 units of blood;
WHEREAS, every day, these ordinary individuals support military members and veterans, along with their families and caregivers, through the unique challenges of service. The American Red Cross Service to the Armed Forces opened and assisted 320 cases;
WHEREAS, every day, these ordinary individuals use vital skills like first aid and CPR to help others survive medical emergencies. In 2022, they trained over 7,000 people in these skills and they deliver international humanitarian aid and reconnect loved ones separated by crises around the world;
WHEREAS, in addition, these ordinary individuals, through the Red Cross Sound the Alarm Program, installed 300 smoke alarms making households safer and trained over 400 youth in preparedness through the Prepare with Pedro and Pillowcase Project; and
WHEREAS, support, volunteerism and generous donations by these ordinary individuals and partners are critical to our community’s resilience. We hereby recognize this month of March in honor of all those who fulfill Clara Barton’s noble words, “You must never think of anything except the need and how to meet it,” and ask everyone to join in this commitment.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, by virtue of the authority vested in me, by the laws of Antioch and California, do hereby proclaim March 2023 as “American Red Cross Month” and I encourage all citizens of Contra Costa County to reach out and support its humanitarian mission.
MARCH 14, 2023
____________________________________
LAMAR A. THORPE Mayor 2
03-14-23
Prepared by:
Kosmont Companies
Overview of Potential Economic
Development Financing Tools
March 14, 2023
Item 3.01
Item 3.01
2 Infrastructure
Funding &
Financing
Tools
Tax
Increment
Financing
(TIF)
Community
Facilities
Districts
(CFD)
General Fund
Financings (I-
Bank, GO
Bonds, Lease
Revenue
Bonds)
Grants
Impact
Fees, State
Budget
Surplus,
Other
Item 3.01
3 $0M
$100M
$200M
$300M
$400M
$500M
$600M
0 5 10 15 20 25 30 35 40 45 50 55
New Property Value from
New Development / Rehabilitation
Available to TIF District
Y ears from District Formation
Assessed
Property Value
(A/V) within
TIF District
Boundaries
New Total
Value After
TIF District
Benefits all
Taxing Entities
Period of New
Development
Note: Illustrative. Conservative 2% growth of existing assessed value (A/V) shown; does not include mark-to-market increases associated with property sales.
Tax Increment Financing (TIF)
Item 3.01
4 Private property
investment or new
development
Increased property
tax revenue from
new property value
Deposited in
separate EIFD
fund
Funds pay for public
improvements
Item 3.01
TIF Alternatives in California Today
Communicating in a Digital W orld
5 Community
Revitalization &
Inv. Authority
(CRIA)
Enhanced
Infrastructure
Financing
District
(EIFD)
Neighborhood
Infill Finance &
Transit
Improvements
Act
(NIFTI)
NIFTI
-
2 Coterminous requirement and other
requirements have made NIFTI &
NIFTI-2 infeasible in other communities
Restriction to fund ONLY
affordable housing (and
not infrastructure) has
been deemed to
restrictive to be feasible
in other communities
Infrastructure
& Revitalization
Financing
District
(IRFD)
Most flexible,
most widely
used
More emphasis on
affordable housing
(25% set-aside)
Climate
Resilience
District
(CRD)
NEW, limited focus on
certain infrastructure
Flexible, voter-approval still
required
Item 3.01
EIFD Fundamentals
6 45 years from first bond issuance; can be formed in 12-18 months Long T erm
Districts
Public Financing Authority (PFA) implements Infrastructure Financing Plan (IFP) Governance
Mandatory public hearings for formation with protest opportunity; no public vote Approvals
EIFD project areas do not have to be contiguous
Non
-
contiguous
Areas
Any property with useful life of 15+ years & of communitywide significance; purchase, construction, expansion, improvement, seismic retrofit, rehabilitation, and maintenance Eligible
Projects
Item 3.01
Types of Projects EIFD Can Fund
Partial List
7 B
rownfield Remediation
Water / Sewer / Storm / Flood Parks / Open Space / Recreation Childcare Facilities & Libraries
Affordable Housing
Broadband Small Business /
Nonprofit Facilities
Wildfire Prevention / Other
Climate Change Response
Item 3.01
8 Former RDAs EIFDs
Eligible Use of Funds • Infrastructure and affordable
housing
• Mixed-income housing
• Land clearing and parcel assembly
• Tax and other private business /
developer subsidies
• Public infrastructure (e.g., roads, flood
control, open space, utilities)
• Public facilities
• Affordable housing
Eminent Domain /
Condemnation
• Allowed • Not allowed
Eligible Areas • Must qualify as “blighted” • No “blight” finding required Governance • City Council or County Board
• School entity participation
• Public Financing Authority including
Public Members (no school entities)
Formation • Vote of governing body • 3 public hearings, majority protest opportunity from landowners and
registered voters within EIFD
Item 3.01
EIFDs as a Component of the Economic Development
and Public Financing Toolkit
Communicating in a Digital W orld
9 other tools for
different projects within the same community
Item 3.01
Comparison of TIF/EIFD and Other Tools
Communicating in a Digital W orld
10 District Type Description Revenue
Source
Approval
Structure
Use of
Funds
TIF (e.g., EIFD, CRIA,
IFD, IRFD)
Incremental property tax
revenues from new
development used to fund
local infrastructure.
Max term is 45 years from
approval to issue debt.
Incremental (new
development) property tax
revenues (incl. VLF) – does not
increase taxes
District formation – No vote,
but majority protest
opportunity by landowners
and registered voters
Bond issuance – None
• Infrastructure of regional or
communitywide significance
• Maintenance
• Affordable housing
Mello-Roos Community
Facilities District (CFD)
and/or Assessment
District
Additional assessment or
“special tax” used to fund
infrastructure / services that
benefit property.
Max term is 40 years from
date of debt issuance.
New property assessment or
tax – appears as separate line
item on tax bill
District formation – 2/3 vote of
landowners or registered
voters in district*
Bond issuance – vote of elected
body (City)
• Infrastructure capital
expenditures of benefit to
landowners
• Maintenance
• Public services (e.g. safety,
programs)
General Obligation Voter-approved debt that is
repaid with “override” to 1%
tax levy; City-wide
Direct property tax levied on
all properties at same millage
rate
2/3 vote of registered voters in
entire City
• In accordance with bond
plebiscite
Lease Revenue / COPs General Fund-supported
borrowing, generally utilizing
City-owned assets to be
leased and leased back
General Fund (or other legally
available revenues as
determined by City)
Vote of elected body (City) • In accordance with bond
authorization
* For CFD formation, a vote of registered voters within the district boundary is required if 12 or more registered voters live therein (otherwise a vote of landowners prorated by acreage).
Item 3.01
Why are Public Agencies Authorizing EIFDs?
Communicating in a Digital W orld
11 : Private sector investment induced by district commitment on a “but for” basis accelerates growth of net fiscal revenues, job creation, housing production, essential infrastructure improvements
– tax increment from other entities (county, special
districts), federal / state grants / loans (e.g., for TOD, water, housing, parks, remediation) Item 3.01
Kosmont TIF Districts in
Progress Statewide
(Partial List)
Fully Formed In Formation Process Under Evaluation
Jurisdiction Purpose
Azusa Housing and transit-supportive infrastructure
Banning Housing and industrial infrastructure
Barstow Housing and commercial infrastructure
Brentwood Housing and transit-supportive infrastructure Buena Park Mall reimagination, housing-supportive infrastructure Carson + L.A. County Remediation, housing infrastructure, recreation Coachella Valley Association of Govts (CVAG) Cities Housing and transit-supportive infrastructure Covina Housing and transit-supportive infrastructure
El Cajon Housing and transit-supportive infrastructure
El Segundo + L.A. County Various infrastructure, regional connectivity Fairfield Housing and transit-supportive infrastructure Fontana Housing, mixed-use and industrial infrastructure Fresno Housing and transit-supportive infrastructure
Fresno County Industrial and commercial supportive infrastructure Humboldt County Coastal mixed-use & energy supportive infrastructure Indian Wells Housing and tourism-supportive infrastructure Imperial County Housing and greenfield infrastructure
La Verne + L.A. County Housing and transit-supportive infrastructure Long Beach (Multiple Areas) Housing and transit-supportive infrastructure Los Angeles (Downtown, San Pedro, LACUSC Med Center) Housing and transit-supportive infrastructure Los Angeles County Uninc. West Carson Housing / bio-science / tech infrastructure Madera County (3 Districts) Greenfield infrastructure (water / sewer) Modesto + Stanislaus County Housing, transit, recreation-supportive infrastructure Mount Shasta + Siskiyou County Rural Brownfield site mixed-use infrastructure Napa Housing and transit-supportive infrastructure
Oakland Affordable housing and housing-supportive infrastructure Ontario Housing and transit-supportive infrastructure
Palmdale + L.A. County Housing and transit-supportive infrastructure Pittsburg Housing and transit-supportive infrastructure Placentia + Orange County Housing and transit-supportive infrastructure Rancho Cucamonga Housing and transit-supportive infrastructure Redlands Housing and mixed-use supportive infrastructure Redondo Beach + L.A. County Parks / open space, recreation infrastructure Riverside Housing and transit-supportive infrastructure Sacramento County (Unincorporated) Industrial / commercial supportive infrastructure San Bernardino County (Unincorporated) Transit-supportive infrastructure San Jose Housing and transit-supportive infrastructure
Sanger Housing and commercial supportive infrastructure Santa Ana Housing and transit-supportive infrastructure South Gate Housing and transit-supportive infrastructure Vacaville Housing and transit-supportive infrastructure Yucaipa Housing and transit-supportive infrastructure
Item 3.01
13 • Kosmont Transactions Services is in active discussions with public finance underwriters regarding EIFD debt issuances in other jurisdictions
• Underwriters have proposed several approaches for the leverage of EIFD tax increment for accelerated
debt issuance (e.g., 2-3 years from EIFD formation), for example:
a) EIFD increment only, based on completed (or nearly completed) improvements (no immediate capacity) b) EIFD increment only, based on completed improvements PLUS near-term growth c) Overlapping EIFD and CFD (CFD Backstop) – landowners / developers must be willing to pay CFD special taxes in the short term (e.g., 5-10 years) until EIFD increment reaches a level to cover debt service d) EIFD increment with City or County general fund backstop • There are advantages and disadvantages with each approach (e.g., upfront proceeds available, public agency risk, cost of capital)
• Additional alternatives are available if private sector partners (e.g., landowners / developers are willing to advance infrastructure funding in exchange for reimbursement from EIFD proceeds) Item 3.01
14 Federal & State Sources
Cap-and-Trade / HCD grant & loan
programs (AHSC, IIG, TCC,CERF)
Prop 68 parks & open space grants
Prop 1 water/sewer funds
Caltrans ATP / HSIP grants
Federal EDA / DOT / EPA funding
Federal Infrastructure Grant Program
Other Potential Funding Sources
Development Agreement / impact fees
Benefit assessments (e.g., con tribution from CFD)
Private investment
• Ideal strategy includes City and County partnership
• EIFDs which involve a City / County joint effort are more likely to win state grant funding sources • EIFDs explicitly increase scoring for CA state housing grants (e.g., IIG, AHSC, TCC) Item 3.01
15 1. Consider evaluation of one or more of these financing tools (e.g., EIFD, CRIA, CFD, other)
2. Id
entify opportunity site areas that can attract (or are already attracting) private investment
3. Identify infrastructure requirements, potential affordable housing needs for opportunity areas
4. Generate a preliminary strategic and financial approach for staff and City Council consideration
Item 3.01
16 THANK YOU
Questions?
Kosmont Companies
1601 N. Sepulveda Blvd. #382 Manhattan Beach, CA 90266
Ph: (424) 297-1070 | Fax: (424) 286-4632
www.kosmont.com
Item 3.01
SALESTAXCITIZENS'
Oversight Committee Report
9TH ANNUAL
Fiscal Year 2021-22 (FY22)
March 14th 2023
POLICE
CODE
ENFORCEMENT
PARKS &
RECREATION
..."Measure W requires the Committee to provide an oral or written report to Council at a public meeting regarding the review of receipts and expenditures of Measure C and Measure W funds, as well as the annual audit to be completed in conjunction with the City’s budget process".
Measure W includes public safety, code enforcement, youth recreation, water quality, and lifestyle programs as outlined in the funding table of Measure W and financial information.
SALES TAX CITIZENS'OVERSIGHT COMMITTEE
01 SOURCES OF
MEASURE W
FUNDS
03 1% SALES TAX
FUNDING
ALLOCATIONS
02 TOP 25
BUSINESS
FUNDING
MEASURE W
TODAYS AGENDA
05 CODE
ENFORCEMENT
FUNDING
07 OTHER
ALLOCATION
FUNDING
06 PARKS AND
RECREATION
FUNDING
COMMITTEE
OBSERVATIONS
08 POLICE
FUNDING
04 SOURCES OF MEASURE W FUNDS
ADDITIONAL $ 1,023,267 IN 2022 VS 2021
General Retail38.3%
Transportation23.5% Food Products12.1%
Business to Business12.1%
Construction11%
Miscellaneous3%
GENERAL RETAIL $7,854,779
FOOD PRODUCTS $2,481,536
TRANSPORTATION $4,819,512
CONSTRUCTION $2,255,942
B2B $2,481,536
MISCELLANEOUS $615,257
TOTAL $20,508,562
01 PERCENTAGES PROVIDED TO THE COMMITTEE BY DAWN MERCHANT FINANCE DIRECTOR TOP 25 ANTIOCH BUSINESS FUNDING MEASURE W02
7-ELEVEN FOOD STORES
AMAZON.COM - EC
AMAZON.COM SERVICES - EC
ANTIOCH CHRYSLER-JEEP-DODGE
ANTIOCH TOYOTA
ARCO AM/PM MINI MARTS
BEST BUY STORES
CARMAX AUTO SUPERSTORES
CHEVRON SERVICE STATIONS
COCO FARMS - MMD
CONSOLIDATED ELECTRICAL DISTRO
COSTCO WHOLESALE
DELTA DISPENSARY - MMD
DEPT OF MOTOR VEHICLES
ENTERPRISE RENT-A-CAR
INDEPENDENT ELECTRIC SUPPLY*
LOWE'S HOME CENTERS
MCDONALD'S RESTAURANTS
SAFEWAY SERVICE STATIONS
SHELL SERVICE STATIONS
TARGET STORES
TESLA*
UNION 76 SERVICE STATIONS*
WAL MART STORES
WINTER HONDA
*NEW TO THE 2022 LIST
*BUSINESS LISTED ARE IN ALPHABETICAL ORDER AND NOT BY AMOUNT CONTRIBUTED
LIST PROVIDED TO THE COMMITTEE BY DAWN MERCHANT FINANCE DIRECTOR 1% SALES TAX FUNDING ALLOCATIONS
03 1% Sales Tax
Budget
Projection
Budgeted Funds Allocation: 2021 2022 2022 2022 2022 vs 2021 Police (a) $ 15,624,254 $ 15,414,232 $ 17,272,446 84.22% 10.55% Code Enforcement (b) $ 1,587,420 $ 2,485,289 $ 1,548,828 7.55% -2.43% Recreation (c) $ 1,547,869 $ 1,041,922 $ 501,311 2.44% -67.61% Youth Network Services (d) $ 135,185 $ 744,419 $ 494,459 2.41% 265.76% Community Development (e) $ 168,795 $ 180,485 $ 163,900 0.80% -2.90% Public Works (f) $ 74,999 $ 604,567 $ 356,179 1.74% 374.91% Human Resources (g) $ 134,033 $ 151,355 $ 46,074 0.22% -65.62% Finance (h) $ 114,901 $ 130,069 $ 125,365 0.61% 9.11%
City Hall Project $73,794 $0 $0 $0 -100.00%
Median Island Improvements $24,045 $0 $0 $0 -100.00%
Total Allocation $ 19,485,295 20,752,338 $ 20,508,562
Actual
Received/
Spent FY22
% of
Total
Allocation
YOY
Increase
/Decrease
Received Less than projected:
$243,776
Actual
Received/
Spent FY21
DATA PROVIDED TO THE COMMITTEE BY DAWN MERCHANT FINANCE DIRECTOR 04 P O L I C E ( A )
(a) The allocation to the Police Department is
calculated based on the remaining funds after
other allocations are made.
POLICE STAFF REPORT FISCAL YEAR 22
STARTED
9RECORDS
11COMMUNITY SERVICE OFFICER
14DISPATCH
115SWORN
GAIN
1 1
3 6
LOSS
3 5
2 17
END
7 7
12 98
NET
GAIN/LOSS
-2
-4
-2
-11
DATA PROVIDED BY CAPTAIN SCHNITZIUS
CSO
CALL TYPE CATEGORY 2021 2022 DIFF %DIFF CALL TYPE CATEGORY 2021 2022 DIFF %DIFF QUALITYOFLIFE 18,957 17,185 -1,772 -9.3% ASSAULT 934 971 37 4.0% FIRE/MEDICAL 13,704 15,141 1,437 10.5% MENTAL HEALTH (5150) 966 911 -55 -5.7% INFORMATION 8,674 9,033 359 4.1% BURGLARY 819 847 28 3.4% OTHER CALLS 8,391 7,098 -1,293 -15.4% DOMESTIC/FAMILY 417 770 353 84.7% PERSON/VEHICLE STOPS 13,206 5,953 -7,253 -54.9% VANDALISM 611 608 -3 -0.5% SUSPICIOUS ACTIVITY 5,868 5,273 -595 -10.1% SHOOTING 688 542 -146 -21.2% ALARM 4,752 4,105 -647 -13.6% DEATH/SUICIDE 430 500 70 16.3% TRAFFIC 3,284 3,027 -257 -7.8% WEAPONS 396 423 27 6.8%
CITIZEN REQUESTS 2,102 2,185 83 3.9% SEX CRIMES 330 358 28 8.5% ANIMAL 1,394 1,737 343 24.6% FORGERY/FRAUD 329 230 -99 -30.1% THEFT 1,347 1,315 -32 -2.4% ROBBERY 175 186 11 6.3%
VEHICLE THEFT/RECOVERY 1,131 1,273 142 12.6% ASSAULT WITH DEADLY WEAPON 111 145 34 30.6% GRAND TOTAL 82,810 79,816 -2,994 -10.3%
RESIDENTS' CALLS FOR SERVICE*POLICE (A)
INFORMATION PROVIDED BY CAPTAIN SCHNITZIUS / SUPPORT SERVICES DIVISION / ANTIOCH POLICE DEPARTMENT / VIA CRIME ANALYSIS UNIT
POLICE (A)
CRIME 2021 2022 TOTAL CHANGE
2021-2022
% CHANGE 2021-
2022
HOMICIDE 12 9 -3 -25.00%
RAPE 40 43 3 7.50%
AGGRAVATED ASSAULT 540 513 -27 -5.00%
TOTAL VIOLENT CRIME 592 565 -27 -4.56%
ROBBERY 95 164 69 72.63%
BURGLARY 334 428 94 28.14%
THEFT 1374 1474 100 7.28%
AUTO THEFT 552 651 99 17.93%
TOTAL PROPERTY CRIME 2355 2717 362 15.37%
TOTAL INDEX CRIME 2947 3282 335 11.37%
INDEX CRIME COMPARISON
*In December 2021 Antioch Police Department, switched to the NIBRS Crime Reporting format.
Under this new format, Robbery is classified as a Property Crime.
INFORMATION PROVIDED BY CAPTAIN SCHNITZIUS / SUPPORT SERVICES DIVISION / ANTIOCH POLICE DEPARTMENT / VIA CRIME ANALYSIS UNIT Other Received/Spent$30,472,901
Measure W Received/Spent$17,292,613
POLICE FUNDING FISCAL YEAR 22
TOTAL ACTUAL RECEIVED/SPENT: $47,765,514
* MEASURE C RECEIPTS ARE INCLUDED IN THE $17.2 FIGURE
05 CODE ENFORCEMENT (B)
(b) Code Enforcement allocation calculated as the
cost of Code Enforcement Division salaries and
benefits.
CODE ENFORCEMENT STAFF REPORT FISCAL YEAR 22
ADMINISTRATIVE STAFF
CODE ENFORCEMENT OFFICERS
CODE ENFORCEMENT MGR
2021 2022
1 5
2 5
2 1
THESE ARE FILLED POSITIONS. THE DIVISION IS BUDGETED FOR FOURTEEN OFFICERS, THREE ADMINISTRATIVE STAFF, AND ONE MANAGER
CODE ENFORCEMENT (B)
CITY OF ANTIOCH CODE ENFORCEMENT ACTIVITY FY 21/22 2021 2022 DIFF DIFF % REQUESTS FOR SERVICE - PHONE CALLS 6,706 4,692 -2,014 -30.03% REQUESTS FOR SERVICE - SEE, CLICK, FIX 2,882 944 -1,938 -67.24% CASES OPENED 3,307 2,938 -369 -11.16%
CASES CLOSED 3,328 2,875 -453 -13.61%
NOTICE OF VIOLATION/NOTICE AND ORDER ISSUED 2,872 2,284 -588 -20.47% INOPERABLE VEHICLE ABATEMENT NOTICES ISSUED 385 209 -176 -45.71% CITATIONS ISSUED 649 467 -182 -28.04%
ENCAMPMENT ABATEMENTS 210 247 37 17.62%
NEIGHBORHOOD CLEANUP EVENTS 16 14 -2 -12.50%
AMOUNT OF DEBRIS COLLECTED AT CLEANUP EVENTS
(TONNAGE) 233.24 231.95 -1.29 -0.55%
CALLS FOR SERVICE
DATA PROVIDED TO THE COMMITTEE BY CURT MICHAEL CODE ENFORCEMENT MANAGER
CODE ENFORCEMENT (B)CALLS FOR SERVICE
20212022
0 2,500 5,000 7,500
Requests For Service - Phone Calls
Requests For Service - See, Click, Fix
Cases Opened
Cases Closed
Notice of Violation/Notice and Order Issued
Inoperable Vehicle Abatement Notices Issued
Citations Issued
Encampment Abatements
Neighborhood Cleanup Events
Amount Of Debris Collected At Cleanup Events (TONNAGE)
Citation/Notice of Violation/Notice
and Order Inquiries
Reporting Violations
Homeless Encampments
Complaints that Code Enforcement
is not doing anything about problems
in the City
Case status update requests
Responding to SeeClickFix Reports
Accounts Payable/Payment Inquires
including Demand requests and Lien
Release questions
Cleanup event information inquires
Appeal Requests
Public Records Act Requests
Phone call requests for service are not
broken down by type and include the
following:
DATA PROVIDED TO THE COMMITTEE BY CURT MICHAEL CODE ENFORCEMENT MANAGER Measure W Received/Spent$1,548,828
Other Received/Spent$510,935
TOTAL ACTUAL
RECEIVED/SPENT:
$2,059,763
CODE ENFORCEMENT FUNDING FISCAL YEAR 22
06 P A R K S A N D R E C ( C )
(c) Recreation allocation calculated in each
year as the total amount of the General Fund
transfer increase over FY19 budget.
PARKS AND REC (C) KEY PROGRAMS FUNDED
THE RECREATION DEPARTMENT HAS DRAMATICALLY INCREASED THE NUMBER OF SPECIAL EVENTS OFFERED. NOW OFFERING MORE EVENTS THAN EVER.
ROLLING WITH REC BUS
FAMILY NIGHTS (INCLUDING SUMMER MOVIE NIGHTS, PAW PARADE, GAME NIGHTS, AND PERFORMANCE/CONCERN NIGHT)
WATER PARK AFTER DARK EVENT SERIES
POP-UP RECREATION
DANCE TEAM CLASSES (EXPANDED TO INCLUDE AFRO BEATS AND HIP-HOP CLASSES) DANCE CLASSES CURRENTLY INCLUDE
JAZZ, TAP, AND HIP HOP
CAMPTOBERFEST (EXPANSION OF CAMP FOR THE FALL BREAK)
ADVENTURES IN FUN AND FITNESS (AGES 6 THROUGH 12)
TUMBLING PROGRAM (FOR AGES 3 THROUGH 8)
ANTIOCH SENIOR CENTER - MEMBERSHIP NUMBERS • MARCH 2022 – 350 MEMBERS
INFORMATION PROVIDED TO THE COMMITTEE BRAD HELFENBERGER PARKS AND RECREATION DIRECTOR Other Received/Spent$3,882,490
Measure W Received/Spent$501,311
PARKS AND REC FUNDING FISCAL YEAR 22
TOTAL ACTUAL
RECEIVED/SPENT
$4,383,801
07 O T H E R A L L O C A T I O N S ( D - H )
OTHER ALLOCATIONS FISCAL YEAR 22 (D-H)
(d) Youth Network Services allocation is the total cost of the program for the year. (e) Community Development allocation calculated as the cost of 1 Planner position. (f) Public Works allocation calculated as the General Fund cost of 1 Engineer, 1 Landscape, Maintenance Worker, 4-person abatement crew and 1 Facility Maintenance Worker position. These positions were partially funded with other funds of the City. (g) Human Resources allocation calculated as the cost of 1 Human Resources Technician position. (h) Finance allocation calculated as the cost of 1 Accountant position. (d) Youth
Network Services
(e) Community
Development
(f) Public
Works
(g) Human
Resources
(h) Finance
Measure W Received/Spent
$163,900
Total Expenditures
$1,901,739
Measure W Received/Spent
$494,459
Total Expenditures
$494,459
Measure W Received/Spent
$356,179
Total Expenditures
$10,411,518
100%
Funded by Measure W
8.62%
Funded by Measure W
3.42%
Funded by Measure W
6.52%
Funded by Measure W
12.55%
Funded by Measure W
Measure W Received/Spent
$46,074
Measure W Received/Spent
$125,365
Total Expenditures
$705,724
Total Expenditures
$998,577
COMMITTEE OBSERVATIONS
Police 84.2%
Code Enforcement 7.6%
Other5.8%Parks and Rec2.4%
Source for Intent: Measure W - Voter Information - https://www.antiochca.gov/community/measure-w-voter-information/ Priorities Measure W include: Continuing to maintain 911 police response and restore the number of police officers patrolling City streets, ensuring water quality and safety Maintaining Antioch’s quality of life and financial stability Cleaning up illegal dumping Restoring after- school and summer programs for youth.
It should be noted that 11.4% of Recreation is supported by Measure W which is 2.44% of Measure W funds.
84.2% of Measure W funds are allocated to Antioch Police Department.
An additional 10.55% increase from 2022
08 CITY COUNCIL MEETING
Regular Meeting January 24, 2023
7:00 P.M. Council Chambers
6:15 P.M. - CLOSED SESSION
Mayor Thorpe called the meeting to order at 6:15 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to Government Code section 54956.9: DAVID L. COOK, Plaintiff, v. MA RCOS TORRES, et al., Defendants, United States District Court, Northern District of California, Case 4:19- cv-01270-PJH.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY MANAGER. This closed session is authorized pursuant to Government Code section 54957(b)(1).
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY. This closed session is authorized pursuant to Government Code section 54957(b)(1).
PUBLIC COMMENTS – None
ADJOURN TO CLOSED SESSION
Mayor Thorpe adjourned to closed session at 6:16 P.M.
7:00 P.M. REGULAR MEETING
An interpreter announced in Spanish that translation services were available in person and via zoom this evening.
Mayor Thorpe called the meeting to order at 7: 08 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
A
03-14-23
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 2 of 13
City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, City Council approved a settlement in the amount of $10,000, by a 4 -1 vote with Councilmember Torres - Walker voting no, #2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY MANAGER, no reportable action; and, #3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY, no reportable action.
ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER
BARBANICA, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEM # 10 TO BE HEARD AFTER ITEM #3 PROCLAMATIONS.
1. IN HONOR OF MARTIN LUTHER KING, JR., DAY – “I HAVE A DREAM”, REMARKS BY DR. LAMONT FRANCIES, SENIOR PASTOR OF DELTA BAY CHURCH
Mayor Thorpe apologized for having to cancel the Martin Luther King Jr. Day of Service explaining Public Works supported the event and were not available as they were add ressing storm damage. He introduced the “I Have A Dream” video speech in honor of Martin Luther King Jr.
Dr. Pastor Francies thanked Mayor Thorpe for the invitation to speak and reflected on the life of Martin Luther King Jr.
2. INSPIRATION FOR THE NEW YEAR BY ANTIOCH’S HONORARY POET LAUREATE
JOSE CORDON
Jose Cordon re cited a poem “What If” and encouraged people to treat each other with love, respect and dignity. He thanked Council for the work they had accomplished in Antioch.
Mayor Thorpe discussed the importance of working together through conflict and asked for forgiveness if his past actions had embarrassed or disappointed the City. He committed to doing better.
ON MOTION BY MAYOR THORPE, SECONDED BY COUNCILMEMBER BARBANICA, THE
CITY CO UNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEMS #7 AND 8 TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
COUNCIL REGULAR AGENDA
7. BOARD OF ADMINISTRATIVE APPEALS APPOINTMENT FOR ONE VACANCY EXPIRING MARCH 2024
City Clerk Householder announced Mayor Thorpe nominated Antwon R. Webster, Sr. as a member of the Board of Administrative Appeals for the vacancy expiring March 2024 and read Mr. Webster’s biography.
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 3 of 13
Mr. Webster thanked Mayor Thorpe for the nomination and Council for considering his appointment to the Board of Administrative Appeals.
RESOLUTION NO. 2023/09
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock the City Council unanimously appointed by resolution Antwon R. Webster, Sr. as a member of the Board of Administrative Appeals for the vacancy expiring March 2024.
City Clerk Householder administered the Oath of Office to Antwon R. Webster Sr.
8. PARKS AND RECREATION COMMISSION APPOINTMENTS FOR ONE (1) VACANCY EXPIRING APRIL 2026
City Clerk Householder announced Mayor Thorpe was nominating Dorothy Ellis as a member of the Parks and Recreation Commission for the vacancy expiring April 2026 and read her biography.
Ms. Ellis thanked C ouncil for considering her appointment to t he Parks and Recreation Commission.
RESOLUTION NO. 2023/10
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock the City Council unanimously appointed by resolution Dorothy Ellis as a member of the Parks and Recreation Commission for the vacancy expiring April 2026.
City Clerk Householder administered the Oath of Office to Dorothy Ellis.
3. PROCLAMATIONS
In Honor of Autrey James, Antioch’s 2022/23 Lifetime Veteran of the Year In Recognition of Health for Humanity – Yogathon, January 14 – 29, 2023 Proclamation Recognizing Human Trafficking Prevention Month, January 2023 Proclamation Declaring Grace Bible Fellowship of Antioch Day, January 27, 2023
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council unanimously approved the proclamations.
Autrey James accepted the In Honor of Autrey James, Antioch’s 2022/23 Lifetime Veteran of the Year proclamation and thanked the City Council for the recognition.
A representative from Love Never Fails and Shannon Starzyk representing Family Justice Center accepted the Proclamation Recognizing Human Trafficking Prevention Month, January 2023 proclamation and thanked the City Council for the recognition.
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 4 of 13
COUNCIL REGULAR AGENDA – Continued
10. DEPARTMENT DIRECTOR SALARY ADJUSTMENTS
Director of Human Resources Cortez presented the staff report dated January 24, 2023, recommending the City Council adopt a resolution: 1) Approving a new salary range for department directors; 2) Approving an effective date of the first full pay period af ter October 1, 2022; and 3) Authorizing the City Manager or designee to make the necessary Fiscal Year 2023 budget adjustments.
Mark Hadox, Antioch resident, opposed paying Directors the same salary because he believed the current pay scales were appropriate and agreed upon by the bargaining unit and City.
Councilmember Barbanica opposed salary adjustments for Directors because the same comparisons were not used for all bargaining units.
Councilmember Ogorchock stated the City had negotiated in good faith with all bargaining units and created the MOU. She reported the city’s website was outdated as it related to salaries and benefits. She noted this proposed package did not consider benefits received.
Councilmember Wilson questioned why this matter was not discussed during negotiations.
Director of Human Resources Cortez reported she was tasked with looking at Director salaries and undertaking the analysis when she was hired as Director of Human Resources.
Mayor Thorpe added some members of the executive team felt their salaries were not equitable with newer employees, so direction was given to staff to conduct a desk audit.
A motion was made by Councilmember Ogorchock , seconded by Councilmember Wilson to table this agenda item.
Councilmember Barbanica made a substitute motion to direct staff to compare Director salaries using the same salary surveys for all employees and bring that item back to Council for consideration. Mayor Thorpe seconded the substitute motion.
Discussion ensued regarding negotiations with the bargaining units and direction to staff to conduct the desk audit.
Director of Human Resources clarified that she was looking at creating one salary range rather than a total package. She confirmed that the City met and conferred with management on this item.
Todd Northam, City of Antioch Employee, stated management was locked in and bound during negotiations. He expressed concern that they were now attempting to negotiate a new contract.
Councilmember Barbanica withdrew his substitute motion.
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 5 of 13
A vote taken on the previous motion to table Department Director Salary Adjustments was approved by the following vote:
Ayes: Barbanica, Ogorchock, Wilson, Thorpe Noes: Torres-Walker
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Householder announced the following Board and Commission openings.
➢ Sales Tax Citizens’ Oversight Committee
➢ Antioch Police Oversight Commission
For more information and to apply, visit the City’s website.
PUBLIC COMMENTS
Leslie May discussed her activism and encouraged youth to follow the correct path.
Autrey James, Delta Veteran’s Group/American Legion announced they were inviting the community to participate in Stand Down on the Delta and a planning meeting for the event on February 7, 2023.
J.R. Wilson announced a variety of services would be offered to the community February 18-19, 2023, at the Antioch VFW.
Carolyn Simmons responded to Mayor Thorpe’s previous comments and voiced her appreciation of him. She congratulated newly elected officials. She discussed police misconduct and encouraged the City to be more transparent.
Kathryn Wade discussed an incident involving her son and the Antioch Police Department. She requested the department release transcripts and reports related to the event.
Edgar M. requested the City improve communicat ion as it relate d to the cancelation of City Council meetings and encouraged the City to improve street lighting along East 18th Street.
Roxanne Perry -White, NAACP, expressed concern regarding homeless encampments in Caltrans areas and vandalism occurring at homes near those encampments.
Kellie Farrish, Antioch resident and Sales Tax Citizens’ Oversight Committee member, questioned how long they were required to remain on the committee after terms expired. She encouraged community members to apply for the vacancies.
Patricia Granados expressed concern regarding the graphics created for canceling a City event.
She announced a protest in remembrance of residents would be held in Martinez. She requested an update regarding pending investigations and asked for justice for families.
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 6 of 13
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Barbanica reported on his meeting with Monument Impact and the management of the Delta View apartments. He requested the City execute an agreement with the sole source provider who offered to tow recreationa l vehicles and pickup abandoned appliances. He also requested a n update from staff on the methadone clinic . He suggested the City work with property owners to address encampment issues at 18th and “A” Streets.
Councilmember Wilson reported on her attendance at Delta Diablo meetings and announced Tri Delta Transit would meet tomorrow.
Councilmember Torres-Walker stated she looked forward to establishing an Ad Hoc Committee to discuss the formation of a Human Rights and Racial Equity Commission. She reported on a meeting she attended with Mayor Thorpe, Police Chief Ford, City Manager Johnson and representatives from the Sycamore corridor to discuss violent crime in the area. She reported she had been in communications with Victims of Crime advocates who h ad been assigned families in Antioch. She announced that she would be meeting with the District Attorney’s office to discuss community violence reduction in Antioch.
MAYOR’S COMMENTS
Mayor Thorpe announced a Tri Delta meeting would be held on January 25, 2023. He reported he was elected Chair of the Mayor’s Conference Election Committee and V ice Chair of the Eastern Contra Costa Transportation Committee. He commented that the City was focused on ongoing issues in the Sycamore Corridor and Dis trict 2. He confirmed the City had addressed homelessness by investing in the Executive Inn project for transitional housing , launching a Crisis Response Team and funding rooms at the Motel 6 in Pittsburg.
Assistant City Manager Bayon Moore reported the fire protection district would be conducting inspections for the sprinkler and alarm systems at the Executive Inn project, next week.
5. CONSENT CALENDAR
A. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR NOVEMBER 15, 2022
B. APPROVAL OF COUNCIL MEETING MINUTES FOR NOVEMBER 22, 2022
C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR DECEMBER 13, 2022
D. APPROVAL OF COUNCIL REGULAR MEETING MINUTES FOR DECEMBER 13, 2022
E. COUNCIL MEETING FOR JANUARY 10, 2023 – NO QUORUM
F. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JANUARY 13, 2023
G. APPROVAL OF COUNCIL WARRANTS
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 7 of 13
H. REJECTION OF CLAIMS: DYNISHA HODGES; PAT AND CORY STACK
I. APPROVAL OF TREASURER’S REPORT FOR OCTOBER 2022
J. APPROVAL OF TREASURER’S REPORT FOR NOVEMBER 2022
K. RESOLUTION NO. 2023/ 11 CONTINUING THE DECLARATION OF A LOCAL
EMERGENCY CONCERNING THE SEVERE WINTER STORMS
L. RESOLUTION NO. 2023/12 APPROVAL OF LICENSE & MARKETING AGREEMENT FOR THE RESIDENTIAL SERVIC E LINE PROTECTION, PROPOSAL NO. 961 -0202- 22A, AWARD
M. RESOLUTION NO. 2023/ 13 ARPA FUNDED SMALL BUSINESS AND FAÇADE
UPGRADE GRANT PROGRAMS
N. RESOLUTION NO. 2023/14 AB 361: RESOLUTION MAKING FINDINGS NECESSARY
TO CONDUCT BROWN ACT MEETINGS BY TELECONFERE NCE FOR THE CITY
COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of item F which was removed for further discussion.
Item F – Andrew Becker expressed concern that he had submitted a speaker card to make a general public comment; however, he was not recognized.
Mayor Thorpe requested Mr. Becker fill out a speaker card for each agenda item he wished to speak on.
Mr. Becker questioned if there was an order requiring that action and suggested Council create a policy.
Mayor Thorpe reiterated his request to fill out speaker cards for each agenda item to alleviate any confusion.
Andrew Becker reported the January 10, 2023, City Council Meeting was adjourned due to the lack of a quorum and items on that agenda should have been taken up in a regularly scheduled meeting format; however, that had not occur red. He expressed concern that the Focus Strategies contract was approved at a Special Meeting with no opportunity for him to address it.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously approved Item F.
City Clerk Householder (in English) and Carla (in Spanish) reiterated translators were available in person and via zoom this evening.
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 8 of 13
Mayor Thorpe declared a recess at 9:35 P.M. The meeting reconvened at 9:44 P.M. with all Councilmembers present.
PUBLIC HEARING
6. CITY OF ANTIOCH 6TH CYCLE HOUSING ELEMENT UPDATE
Director of Community Development Ebbs introduced Planning Manager Hersch who introduced Alexia Rotberg, Urban Planning Partners, Inc., who presented the staff report dated January 24, 2023 recommending the City Council adopt the 2023 -2031 following Resolutions and Ordinances related to the 6th Cycle Housing Element Update: 1) Adopt a Resolution certifying the Environmental Impact Report (EIR) and make all the findings required to approve the project, including a Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program. 2) Adopt a Resolution approving the Housing Element. 3) Adopt a Resolution approving the Amendments to the Land Use and Environmental Hazards Elements. 4) Introduce, read by title only, and waive further reading of the ordinance approving Amendments to the East Lone Tree Specific Plan. 5) Introduce, read by title only, and waive further reading of the ordinance approving the Zoning Text Amendments and Zoning Map Amendments to implement the 6th Cycle Housing Element. 6) Adopt a Resolution approving the Multi-Family Residential Objective Design Standards.
Planning Manager Hersch and Mayor Thorpe provided a brief description of the 6 TH Cycle Housing Element Update.
Mayor Thorpe opened the public hearing.
Wade Finlinson, Pernille Gutchick, Debbie Heiden and John, r esidents on Trembath Lane and St. Claire Drive, expressed concern regarding their properties being identified in the Zoning Map Amendments and noted they wanted their areas to remain consistent with current uses. A few speakers also expressed concern that their properties were identified as under utilized. They requested the City clarify the implications of including their properties in the zoning amendments.
Andrew Becker appreciated the work done on the Housing Element Update and expressed concern that communication lacked for residents in the East 18th Street area. He discussed goals of the Housing Element Update. He expressed concern that there were no affordable housing or inclusionary housing laws in Antioch. He suggested Council monitor outcomes from the Housing Element.
Edgar commented he appreciated the old vineyards and did not support redeveloping the East 18th Street area. He expressed concern the area was unde r-resourced, and lighting was inadequate. He suggested other areas be considered to fulfil the city’s housing needs.
Mayor Thorpe closed the public hearing.
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 9 of 13
Councilmember Wilson encouraged staff to conduct more extensive public outreach in the future and suggested they consider whether the City qualified for SB1 Sustainable Community Grant funds. She discussed the importance of serving special needs groups.
RESOLUTION NO. 2023/15
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council adopted a Resolution certifying the Environmental Impact Report (EIR) and make all the findings required to approve the project, including a Statement of Overriding Considerations, and adopting a Mitigation Monitoring and Reporting Program. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
RESOLUTION NO. 2023/16
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council adopted a Resolution approving the Housing Element. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
RESOLUTION NO. 2023/17
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council adopted a Resolution approving the Amendments to the Land Use and Environmental Hazards Elements. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council Introduced, read by title only, and waive d further reading of the ordinance approving Amendments to the East Lone Tree Specific Plan. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
In response to Mayor Thorpe and speaking to the following motion, Director of Community Development Ebbs explained the rezoning only created opportunities for residential development in the future should properties be sold to developers, or the property owner wanted to redevelop their own parcel at a higher density.
Mayor Thorpe added proposed changes were to comply with state law.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council introduced, read by title only, and waived further reading of the ordinance approving the Zoning Text Amendments and Zoning Map Amendments to implement the 6th Cycle Housing Element.
The motion carried the following vote:
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 10 of 13
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
RESOLUTION NO. 2023/18
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council adopted a Resolution approving the Multi -Family Residential Objective Design Standards. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
COUNCIL REGULAR AGENDA – Continued
9. RESOLUTION FOR APPROVAL O F CANNABIS OPERATING AGREEMENT FOR NATURAL SUPPLEMENTS, INC.
City Attorney Smith presented the staff report dated January 24, 2023, recommending the City Council consider and take action to adopt a resolution approving the operating agreement for Natural Supplements, Inc.
Edgar Martinez discussed traffic concerns related to an existing dispensary.
Mayor Thorpe reminded Mr. Martinez to direct his comments to the Operating Agreement for Natural Supplements.
Mr. Martinez commented that this business should address traffic impacts and give back to the community.
Mayor Thorpe clarified that Natural Supplements was previously approved and this Operating Agreement was to address how they would contribute to the community.
Councilmember Ogorchock appreciated the Equity Program and the work Rubicon had done in the community. She requested a list of non-profits be provided to Council so they could decide which agencies should be eligible for Social Equity Programs. She supported including non- profits for seniors, veterans, special needs and White Pony Express.
Councilmember Torres-Walker reported she served on the C annabis Standing Committee and had expressed her disappointment in the lack of public process in selecting non-profits to receive equity funds. She noted there was a commitment to start an application process; however, it had not been implemented. She explained the pur pose of equity funds was to address those impacted by the war on drugs and the criminalization of cannabis. She expressed concern that there was no process requiring non-profits to report out on their impacts as a result of receiving equity funds . She encouraged the community to attend Cannabis Standing Committee meetings.
Mayor Thorpe explained the original cannabis policy required the applicant to identify their Social Equity Partner because the City did not have the capacity to administer a program. He noted an
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 11 of 13
annual review of Social Equity Programs was administered by City Attorney Smith. He stated if there was a recommendation from the Cannabis Committee to change the process, they could make that recommendation to Council.
Councilmember Wilson added at the last Cannabis Standing Committee they had acknowledged that parameters needed to be defined for Social Equity Partners.
City Attorney Smith reported Alicia Friedman representing Opportunity Junction reported out on their program at a Cannabis Standing Committee meeting and other Social Equity Partners would do so in the future.
Councilmember Torres-Walker reported that some organizations had been unable to identify how their work had impacted communities impacted by the war on drugs and the criminalization of cannabis. She noted it was the public’s right to see the outcomes. She stated she supported a process where operators were not responsible for selecting who received resources and she looked forward to having those discussions at Cannabis Standing Committee meetings.
Mayor Thorpe explained Operating Agreements were reviewed by the Standing Committee and then Council. He noted if they were not in agreement with the Social Equity Partner, they could require it to be changed.
RESOLUTION NO. 2023/19
On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker the City Council adopted a resolution approving the operating agreement for Natural Supplements, Inc.
The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Barbanica, Ogorchock
11. STANDBY CITY COUNCIL MEMBERS
Councilmember Barbanica appointed the following Standby City Council Members:
1) William Barbanica II, 2) Benjamin McCurdy, 3) Michael Schneider
12. CITY COUNCIL APPOINTMENTS TO COUNCIL COMMITTEE ASSIGNMENTS
Mayor Thorpe stated his nominations were to keep the Council Committee Assignments the same.
On motion by Councilmember Wilson, seconded by Councilmember Barbanica the City Council unanimously approved all appointments for Mayor Thorpe.
➢ Delta Diablo
➢ TRANSPLAN
➢ East Contra Costa Regional Fee and Financing Authority (ECCRFFA) ➢ State Route 4 Bypass Authority
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 12 of 13
➢ Tri Delta Board of Directors Eastern Contra Costa Transit Authority ➢ Mayors’ Conference
On motion by Councilmember Wilson, seconded by Mayor Thorpe the City Council unanimously approved all appointments for Councilmember (District 1) Torres-Walker.
➢ ABAG (Association of Bay Area Governments)
➢ Community Advisory Board – SF Bay Water Emergency Transit Authority ➢ Community Development Block Grant Committee (CDBG)
➢ City/School Committee
➢ Cannabis Committee
➢ Waterfront Revitalization Committee
On motion by Councilmember Wilson, seconded by Mayor Thorpe the City Council approved all appointments for Councilmember (District 2) Barbanica.
➢ East Bay Division (League of California Cities/Cal Cities) ➢ East County Water Management Association
➢ Community Development Block Grant Committee (CDBG)
The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Abstain: Barbanica
On motion by Councilmember Wilson, seconded by Mayor Thorpe the City Council approved all appointments for Councilmember Ogorchock.
➢ ABAG (Association of Bay Area Governments) (alt)
➢ Chamber of Commerce Liaison
➢ Northeast Antioch Annexation
➢ Lone Tree Golf Course Committee
➢ City/School Committee
The motion carried the following vote:
Ayes: Torres-Walker, Barbanica, Wilson, Thorpe Abstain: Ogorchock
On motion by Mayor Thorpe, seconded by Councilmember Torres -Walker the City Council unanimously approved all appointments for Councilmember Wilson.
➢ Delta Diablo (alt)
➢ TRANSPLAN (alt)
➢ East Contra Costa Regional Fee and Financing Authority (ECCRFFA) (alt) ➢ State Route 4 Bypass Authority (alt)
➢ Tri Delta Board of Directors Eastern Contra Costa Transit Authority (alt) ➢ Mayors’ Conference (alt)
ANTIOCH CITY COUNCIL
Regular Meeting
January 24, 2023 Page 13 of 13
➢ Lone Tree Golf Course Committee
➢ Cannabis Committee
➢ Waterfront Revitalization Committee
PUBLIC COMMENT
Andrew Becker discussed potential Brown Act Violations as it related to speaker rules.
Johnny Walker expressed concern that his public comments had been cut off at a prior Council meeting. He discussed incidents involving an elected official and a member of City staff.
STAFF COMMUNICATIONS – None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Barbanica requested staff agendize the consideration of an Emergency Operations Center facility update. He stated he looked forward to addressing issues in the Delta Fair Blvd. area.
Councilmember Torres-Walker thanked everyone who participated in the meeting this evening.
She requested Council consider holding a S pecial meeting in February to discuss future opportunities for Homekey funding and suggested inviting developers to participate.
Councilmember Ogorchock agreed with Councilmember Torres -Walker and requested Dignity Moves, Here Today Home Tomorrow and White Pony Express give presentations. She also requested the City address graffiti on Highway 4 and that Chief Ford attend Council meetings.
Councilmember Wilson also agreed with holding a special meeting to consider Project Homekey.
She appreciated the Martin Luther King Jr. tributes this evening and reported both her parents were present for that speech. She encouraged the community to participate in a day of action.
Councilmember Barbanica called for a Special meeting to discuss Project Homekey.
Mayor Thorpe stated he would schedule a Work Study Session prior to the February 14, 2023, City Council meeting to discuss Project Homekey.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adjourned the meeting at 11:19 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
B
03-14-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of March 14, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of February 14, 2023
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of February 14, 2023, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
C
03-14-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of March 14, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Special Meeting Minutes of February 23, 2023
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting Minutes of February 23, 2023, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
D
03-14-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of March 14 , 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of February 28, 2023
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of February 28, 2023, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
100 General Fund
Non Departmental
CITY OF
ANTIOCH CALIFORNIA
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FEB 2 - MARCH 2, 2023
FUND/CHECK#
00002619 BENJAMIN FRANKLIN PLUMBING BOND REFUND
00002620 ECHO PLUMBING AND ROOTER BOND REFUND
00002621 PRO PLUMBERS NEAR BOND REFUND
00002622 SERVICE PROS PLUMBERS INC BOND REFUND
00002623 BLUE CHAMPAGNE POOLS INC BOND REFUND
00404971 BIG REDS CONSUL TING DEPOSIT REFUND
00404978 CALIF BLDG STANDARDS COMMISSION CBSC Q2 FY 22/23 00404982 CONTRA COSTA COUNTY PAYROLL
00404991 COURT ORDERED DEBT COLLECTIONS PAYROLL
00404995 DEPT OF CONSERVATION SMIP Q2 FY 22/23
00405001 ECC REG FEE AND FIN AUTH ECCRFFA-RTDIM
00405022 LEAGUE OF CALIF CITIES MEMBERSHIP DUES
00405026 LIFE INSURANCE COMPANY PAYROLL
00405031 MISSIONSQUARE 301362 PAYROLL
00405032 MISSIONSQUARE 301362 PAYROLL
00405033 MISSIONSQUARE 301362 PAYROLL
00405034 MISSIONSQUARE 301362 PAYROLL
00405035 MISSIONSQUARE 301362 PAYROLL
00405036 MISSIONSQUARE 301362 PAYROLL
00405037 MISSIONSQUARE 301362 PAYROLL
00405039 MUNICIPAL POOLING AUTHORITY PAYROLL
00405043 PARS PAYROLL
00405045 QUADIENT LEASING USA INC POSTAGE
00405051 STATE OF CALIFORNIA PAYROLL
00405070 ALBERT D SEENO CONSTRUCTION CO DEPOSIT REFUND
00405128 ENERGUY, THE DEPOSIT REFUND
00405160 MUNICIPAL POOLING AUTHORITY PAYROLL
00405226 DIAMOND HILLS SPORT CLUB PAYROLL
00405234 IN SHAPE HEALTH CLUBS PAYROLL
00405243 LIFE INSURANCE COMPANY PAYROLL
00405247 MISSIONSQUARE 301362 PAYROLL
00405249 MUNICIPAL POOLING AUTHORITY PAYROLL
00405250 MUNICIPAL POOLING AUTHORITY PAYROLL
00405255 OPERATING ENGINEERS LOCAL NO 3 PAYROLL
00405259 PARS PAYROLL
00405265 RANEY PLANNING & MANAGEMENT INC CONSUL TING SERVICES 00405276 STATE OF CALIFORNIA PAYROLL
00405327 DIABLO ROOFING CO INC DEPOSIT REFUND
00944710 NATIONWIDE RETIREMENT SOLUTIONS PAYROLL
00944715 NATIONWIDE RETIREMENT SOLUTION PAYROLL
00944736 ANTIOCH PD SWORN MGMT ASSOC PAYROLL
00944737 ANTIOCH POLICE OFFICERS ASSOCIATlm PAYROLL
00944738 APWEA PAYROLL
00944744 NATIONWIDE RETIREMENT SOLUTIONS PAYROLL
00944749 NATIONWIDE RETIREMENT SOLUTION PAYROLL
Prepared by: Georgina Meek
3/9/2023
1,000.00
1,500.00
1,000.00
1,500.00
1,000.00
1,391.38
1,291.50
50.00 33.00
3,254.72
7,839.40
15,028.50
4,331.37
2,161.77
3,209.80
3,172.30
3,172.30
2,578.96
2,578.96
3,172.30
2,149.01
4,215.47
4,173.50
183.07
48,870.00
1.86 3,545.31
80.00 344.98
4,386.46
2,161.77
2,184.47
1,093.55
3,944.00
4,103.74
375.00
183.07
3.34 48,615.52
29,559.02
770.00
20,420.02
2,065.00
49,829.89
29,656.31
4E
March 14, 2023
CITY OF
ANTIOCH CALIFORNIA
AS HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
FEBRUARY 2 - MARCH 2, 2023
227 Housing Fund
Housing
00404987 CONTRA COSTA HEAL TH SERVICES
00405094 CALIF DEPARTMENT OF JUSTICE
00405206 BAY AREA LEGAL AID
00405230 HABITAT FOR HUMANITY EAST BAY
00405245 LOAVES AND FISHES OF CONTRA COSTA
00405254 OFFICE DEPOT INC
00405271 SHELTER INC
00405275 STAND FOR FAMILIES FREE OF VIOLENCE
00405284 WINTER NIGHTS FAMILY SHELTER INC
00405310 CITY DATA SERVICES LLC
00405317 CONTRA COSTA CRISIS CENTER
CDBG SERVICES
FINGERPRINTING
CDBG SERVICES
CDBG SERVICES
CDBG SERVICES
OFFICE SUPPLIES
CDBG SERVICES
CDBG SERVICES
CDBG SERVICES
CDBG SERVICES
CDBG SERVICES
Prepared by: Georgina Meek
3/9/2023
4324.44
49.00 6510.81
23770.63
2516.30
1679.26
6495.91
709.59
4881.45
2028.00
51.00 4F
March 14, 2023
G
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 14, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: REJECTION OF CLAIMS: JARROD GARNER, REAGAN
DEGUZMAN AND ERICA TIFFANY THOMAS ON BEHALF OF
HONESTII LUMSEY
RECOMMENDED ACTION
It is recommended that the City Council reject the claim s submitted by Jarrod Garner, Reagan Deguzman and Erica Tiffany Thomas on Behalf of Honestii Lumsey.
Should the City Council desire to discuss these matters, it would be scheduled for a future closed session.
ATTACHMENTS
None.
5 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 14, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:
APPROVED BY:
Zoe Merideth, Senior Planner - KS for ZM
Forrest Ebbs, Community Development Director - KS for FE SUBJECT: Appeal of the Planning Commission Approval of the Somersville Liquor Store Use Permit
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution:
• Denying the appeal and approving the use permit with Exhibit A:
Conditions of Approval (Attachment A)
or
• Granting the appeal and denying the use permit (Attachment B)
FISCAL IMPACT
There are no direct fiscal impacts incurred by the City for th is project. A new business would generate sales tax revenue for the City.
DISCUSSION
On October 12, 2022, Gurmej Singh applied for a Use Permit to operate a new liquor store at 2651 Somersville Road (APN 076-432-025). The application was reviewed by City staff, including the Antioch Police Department, and outside agencies, and was forwarded to the Planning Commission for consideration.
On February 15, 2023, the Planning Commission voted 4-3 to approve the Use Permit for the liquor store. The approval included operational and development conditions recommended by staff and amended by the Planning Commission. Specifically, the Planning Commission reduced the hours of operation from 7 am to 12 am to 7am to 10pm, and limited alcohol storage and sales to 25% of the overall floor area. The Planning Commission received written comments and spoken comments on the item. The written correspondence is included as Attachment H. The video of the meeting , containing the spoken comments, is available at : https://www.antiochca.gov/community-development- Antioch City Council Report
March 14, 2023 Agenda Item #5 2
department/planning-division/planning-commission-meetings/02-15-23/ . The hearing is Item 7-3.
On February 23, 2023 , an appeal of the Planning Commission’s decision was filed with the City Clerk by Kathryn Wade (Attachment C).
Environmental Review
This proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15332 Infill Development as it meets the required conditions. The site contains 2.02 acres, is fully developed with a commercial center and parking lot, and is served by existing utilities, public services and surrounded by urban uses.
Project Description
The 2.02-acre project site is currently developed as a commercial shopping center with an adjacent parking lot. According to the application, the store would sell beer, wine, liquor, drinks, snacks, and similar items. The applicant proposed to operate the store from 7am to 12am, 7 days a week. The applicant stated that four employees would work at the store. The store would not be permitted to sell any tobacco products under AMC 9-5.3843.
This prohibition is restated in Condition of Approval #21.
Zoning
The 2.02-acre project site is zoned Regional Commercial (C-3), is located in the Western Antioch Commercial General Plan Focus Area and has a Land Use Design ation of Regional Commercial.
A Use Permit is required for the
operation of a Liquor Store in the C-
3 Zoning District. Liquor stores are
further subject to the provisions of
Antioch Municipal Code (AMC)
Section 9-5.3831 that establishes a
500-foot separation from a
proposed liquor establishment to
another liquor establishment, or to a
school, public park, playground,
recreational center, day care center,
or other similar use. Exceptions are
offered to retail markets over 10,000
square feet in size, restaurants
primarily serving meals, and special
events. The proposed location satisfies the requirements of AMC 9-5.3831.
A Use Permit is also required for the operation of a Convenience Store in the C-3 Zoning District. A Convenience Store is defined as “an establishment with a sales area of 5,000 square feet or less which sells primarily food, household, and personal convenience
Antioch City Council Report
March 14, 2023 Agenda Item #5 3
items”. Even absent the sale of alcohol, this business require s a Use Permit as a Convenience Store.
State of California, Department of Alcohol Beverage Control (ABC) The sale of alcohol is regulated by the State of California through the Department of Alcohol Beverage Control (ABC). The retail sale of alcoholic beverages for consumption off-site is described as “Off-Sale” and requires the issuance of a specific license. A Type 21 license is required for the sale of liquor, beer and wine , such as is proposed for this location. Minors are allowed in premises with Type 21 licenses.
When considering an application for a Type 21 license, ABC must first determine whether the proposed site is in an area that is “unduly concentrated”. First , ABC considers the number of similar license types relative to th e population within the census tract. Should this resident-per-license standard exceed that of the underlying county, the site and area are considered to be unduly concentrated. Second, if the location is found to be in a high crime reporting district where there is 20% mo re crime than the average of all local reporting districts, it be found to be unduly concentrated. The City of Antioch has not recently used this standard.
If the site is found to be unduly concentrated ,
ABC will not approve the license unless the
local agency provides a finding of “public
convenience and necessity” explicitly allowing
the additional license in the unduly
concentrated area.
The site is located within Census Tract
3072.05, which currently has three other off -
sale Type 21 licenses and a population of
8,483. The current ratio is one outlet for each
2,828 persons. This fourth outlet would create
a ratio of one outlet for each 2,121 persons.
The average for Contra Costa County is one
outlet for each 1,773 persons. As such, the location is not considered unduly concentrated based on outlets per resident and a finding of public convenience and necessity is not required.
The other outlets in Census Tract 3072.05 are as follows:
• 7-Eleven, 2301 Buchanan Road
• ampm, 2610 Contra Loma Boulevard
• Wine & Liquor, 2958 Delta Fair Boulevard
Appeal
AMC section 9-5.2509(A) states, “Any decision made by the Planning Commission which would otherwise constitute final approval or denial may be appealed to the Council. Such an appeal shall be in writing and shall be filed with the City Clerk within five working days
Antioch City Council Report
March 14, 2023 Agenda Item #5 4
after the decision. The day the decision is made shall not count in the calculation of the time period. The term WORKING DAY shall mean days upon which the City Hall is open for business and shall exclude weekends and holidays observed by employees in the City Hall. An appeal of the Planning Commission’s February 15, 2023 decision was submitted by Kathryn Wade to the City Clerk on February 23, 2023 (Attachment C).
The City Council is asked to consider the appeal and evaluate the decision of the Planning Commission to approve the Use Permit. AMC 9 -5.2703(B)(1) requires that all of the following findings be made to approve a Use Permit.
(a) That the granting of such use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity; (b) That the use applied for at the location indicated is properly one for which a use permit is authorized;
(c) That the site for the proposed use is adequate in size and shape to accommodate such use, and all ya rd spaces, walls, fences, parking, loading, landscaping, and other features required, to other uses in the neighborhood; (d) That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use; and (e) That the granting of such use permit will not adversely affect the comprehensive General Plan.
The Planning Commission made affirmative findings in its approval of the Use Permit.
The City Council hearing of the appeal is considered De Novo, meaning that the City Council is to consider the application in its entirety and without prejudice of the Planning Commission action. The City Council may exercise its independent discretion to restate these findings or to determine that some or all findings cannot be made in support of the application. If any one of these findings cannot be made, the Use Permit cannot be approved, and the liquor store cannot operate at this location . Staff has provided resolutions for either action.
ATTACHMENTS
A. Resolution Denying Appeal and Approving Use Permit
Exhibit A: Conditions of Approval
B. Resolution Granting Appeal and Denying Use Permit
C. Appeal Form
D. Project Plans
E. Planning Commission Resolution with Findings and Conditions of Approval F. Draft Abridged Minutes - February 15, 2023 Planning Commission G. CCEH Letter
H. CCCFPD Letter
I. Correspondence Received
RESOLUTION NO. 2023/XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH DENYING AN
APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMSSION
APPROVING
A USE PERMIT FOR THE SOMERSVILLE PLAZA LIQUOR STORE AT
2651 SOMERSVILLE ROAD, SUITE D (UP-22-17) (APN: 076-432-025)
WHEREAS, the City of Antioch received an application from Gurmej Singh, for approval of a Use Permit for the operation of a liquor store with a type 21-Off-Sale General Alcoholic Beverage Control License at 2651 Somersville Road, Suite D (UP-22-17) (APN:
076-432-025);
WHEREAS, the proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15332 Infill Development.
Class 32 consists of projects characterized as in-fill development;
WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on February 2, 2023 for the Planning Commission public hearing held on February 15, 2023;
WHEREAS, on February 15, 2023, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary;
WHEREAS, the Planning Commission considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request;
WHEREAS, the Planning Commission approved the Use Permit;
WHEREAS, on February 23, 2023, Kathryn Wade filed an appeal of the Planning Commission decision;
WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on March 3, 2023 for the City Council public hearing held on March 14, 2023;
WHEREAS, on March 14, 2023, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary; and
WHEREAS, the City Council considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.
ATTACHMENT A
A1
Page | 2
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED that the City Council hereby makes the following findings for approval of the requested Use Permit pursuant to Section 9-5.2703 “Required Findings” (B) (1) (a-e) of the Antioch Municipal Code:
a. That the granting of such use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.
Finding: The project has been designed to comply with the City of Antioch Municipal Code requirements. Operational conditions such as installing security cameras, storing cardboard waste and leaving windows uncovered, will minimize potential negative impacts to the shopping center. Based upon the conditions imposed, the liquor store will not be detrimental to the public health or welfare or injurious to the property.
b. That the use applied at the location indicated is properly one for which a use permit is authorized.
Finding: The property is Zoned C-3 “Regional Commercial District.” The zoning district allows liquor stores with a use permit.
c. That the site for the proposed use is adequate in size and shape to accommodate such use, and all yards, fences, parking, loading, landscaping, and other features required.
Finding: The project is located in a retail commercial center with a parking lot to serve customers. Other retails stores operate at the center without issue.
d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.
Finding: The project site is located on Somersville Road, a major arterial. The existing road will support traffic generated from the use. The commercial center includes a one-way in driveway and a second two-way directional driveway.
e. That the granting of such use permit will not adversely affect the comprehensive General Plan because the proposed uses and design are consistent with the General Plan.
Finding: The General Plan designation for project site is Regional Commercial.
The project is consistent with the General Plan land use designation of Regional Commercial within the Western Antioch Commercial Focus Area.
BE IT FURTHER RESOLVED that the City Council of the City of Antioch hereby denies the appeal, upholds the decision of the Planning Commission, and APPROVES a Use Permit for the operation of a liquor store with a type 21 -Off-Sale General Alcoholic Beverage Control License at 2651 Somersville Road, Suite D (UP-22-17) (APN: 076-432- 025); subject to the Conditions of Approval contained in Exhibit A.
A2
Page | 3
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof held on the 14th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A3
EXHIBIT A: CONDITIONS OF APPROVAL “Somersville Plaza Liquor Store” 2615 Somersville Road, Suite D (UP-22-17)
General Conditions
Regulation Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)
1. Project Approval. This Use Permit approval is for 2651 Somersville Road Suite D (APN: 076-432-025), as substantially shown and described on the project plans, except as required to be modified by conditions herein. Plans date received October 12, 2022 and November 17, 2022 , as presented to the Planning Commission on February 15, 2023 (“Approval Date.”). For any condition herein that requires preparation of a Final Plan where the project applicant has submitted a conceptual plan, the project applicant shall submit final plan(s) in substantial conformance with the conceptual plan, but i ncorporate the modifications required by the conditions herein for approval by the City.
City of Antioch On-Going Planning
Department
2. Project Approval Expiration. This Use Permit approval expires on February 15, 2025 (two years from the date on which this approval becomes effective) or at an alternate time specified as a condition of approval, unless a building permit has been issued and construction diligently pursued. The approval may be renewed by the Community Development Director for a period up to an additional two (2) years, provided that, at least ten (10) days before expiration of one (1) year from the date when the approval becomes effective, an application for renewal of the approval is filed with the Community Development Department.
The Community Development Director may grant a renewal of an approval where there is no change in the original application, or there is no request to change any condition of approval for up to two additional years from the expiration date.
City of Antioch On-Going Planning
Department
A4
EXHIBIT A: CONDITIONS OF APPROVAL “Somersville Plaza Liquor Store” 2615 Somersville Road, Suite D (UP-22-17)
Page | 2
3. City Fees . The applicant shall pay any and all City and other related fees applicable to the property, as may be modified by conditions herein. Fees shall be based on the current fee structure in effect at the time the relevant permits are secured and shall be paid before issuance of said permit or before any City Council final action approval. Notice shall be taken specifically of Plan Check, Engineering, Fire and Inspection Fees. The project applicant shall also reimburse the City for direct costs of planning; building and engineering plan check and inspection, as mutually agreed between the City and applicant.
Discretionary or ministerial permits/approvals will not be considered if the developer is not current on fees, balances, and reimbursement that are outstanding and owed to the City.
City of Antioch On-Going Community
Development
Department
4. Pass-Through Fees. The developer shall pay all pass -through fees.
Fees include but are not limited to:
. East Contra Costa Regional Fee and Financing Authority (ECCRFFA) Fee in effect at the time of building permit issuance. . Contra Costa County Fire Protection District Fire Development Fee in place at the time of building permit issuance.
. Contra Costa County Map Maintenance Fee in affect at the time of recordation of the final map(s).
. Contra Costa County Flood Control District Drainage Area fee. . School Impact Fees.
Delta Diablo Sanitation Sewer Fees.
. Contra Costa Water District Fees.
City of Antioch On-Going Community
Development
Department
5. Appeals. Pursuant to Section 9 -5.2705 of the Antioch Municipal Code, any decision made by the Zoning Administrator which would otherwise constitute final approval or denial may be appealed to the Planning Commission . Such appeal shall be in writing and shall be filed with the Community Development Director within five (5) working days after the decision. All appeals to the Planning Commission from the Zoning Administrator shall be accompanied by a filing fee established by a resolution of the City
City of Antioch
Within 5 Days of
Zoning Administrator
Action
Planning
Department
A5
EXHIBIT A: CONDITIONS OF APPROVAL “Somersville Plaza Liquor Store” 2615 Somersville Road, Suite D (UP-22-17)
Page | 3
Clerk.
6. Requirement for Building Permit. Approval granted by the Planning Commission does not constitute a building permit or authorization to begin any construction or demolish an existing structure. An appropriate permit issued by the Community Development
Department must be obtained before constructing, enlarging, moving, converting, or demolishing any building or structure within the City.
City of Antioch On-Going Building
Department
7. Modifications to Approved Plans. The project shall be implemented as approved and with any additional changes required pursuant to the Planning Commission Conditions of Approval. Planning staff may approve minor modifications in the project design, but not the permitted land uses. A change requiring discretionary approval and any other changes deemed appropriate by the Planning staff shall require further Planning Commission approval through the discretionary review process.
City of Antioch On-Going Planning
Department
8. Hold Harmless Agreement/Indemnification . The applicant (including any agent thereof) shall defend, indemnify, and hold harmless, the City of Antioch and its agents, officers and employees, from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul the City's approval concerning this application. The City will promptly notify the applicant of any such claim action or proceeding and cooperate fully in the defense.
City of Antioch On-Going Planning
Department
A6
EXHIBIT A: CONDITIONS OF APPROVAL “Somersville Plaza Liquor Store” 2615 Somersville Road, Suite D (UP-22-17)
Page | 4
At the Time of Construction
Regulation Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date
and
Signature)
9. Collection of Construction Debris. Gather all construction debris on a regular basis and place them in a Waste Management dumpster or other container that is emptied or removed on a weekly basis consistent with the Construction and Demolition Debris Ordinance. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater pollution.
City of Antioch On-Going Building
Department
10. Construction Hours. Construction activity shall be as outlined in in the Antioch Municipal Code. Construction activity is limited to 8:00 AM to 5:00 PM Monday-Friday or as approved in writing by the City Manager. Requests for alternative construction hours shall be submitted in writing to the City Engineer. days/times restricted to the hours of 8:00 a.m. to 6:00 p.m.
City of Antioch On-Going Building
Department/
Public Works
Department
11. Demolition, Debris, Recycling. The project shall be in compliance with and supply all the necessary documentation for Antioch Municipal Code § 6 -3.2: Construction and
Demolition Debris Recycling.
City of Antioch On-Going Building
Department/
Public Works
Department
Fire Standards
Regulation Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)
12. The applicant shall comply with the Contra Costa County Fire Protection District requirements in the letter dated December 16, 2022.
Contra Costa
Fire Protection
District
On-Going Contra Costa Fire
Protection District
A7
EXHIBIT A: CONDITIONS OF APPROVAL “Somersville Plaza Liquor Store” 2615 Somersville Road, Suite D (UP-22-17)
Page | 5
13. Debris Removal. The site shall be kept clean of all debris (boxes, junk, garbage, etc.) at all times.
City of Antioch On-Going Building
Department/
Public Works
Department
Prior to Issuance of Occupancy Permit
Regulation Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)
14. Planning Inspection. Planning staff shall conduct a site visit to review exterior building elevations for architectural consistency with the approved plans and landscape installation (if
required). All exterior finishing details including window trim, paint, gutters, downspouts, decking, guardrails, and driveway installation shall be in place prior to scheduling the final inspection.
City of Antioch Prior to Occupancy
Permit
Planning
Department
15. Debris Removal. All mud, dirt or construction debris carried off the construction site and shall be removed prior to scheduling the final Planning inspection. No materials shall be discharged onto a sidewalk, street, gutter, storm drain or creek.
City of Antioch Prior to Occupancy
Permit
Building
Department
16. Fire Prevention. A final Fire inspection shall occur to inspect all fire prevention systems constructed as part of the project.
Inspections shall occur prior to final occupancy permit issuance.
Contra Costa
County Fire District
Prior to Occupancy
Permit
Fire Department
Project Specific Conditions
Regulation Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
Signature)
17. Hours of Operation . Hours of operation shall be 7 AM – 10 PM , seven (7) days a week. Any request to modify the hours of operation shall be subject to Zoning Administrator approval. (Per Planning Commission review 2/15/23)
City of Antioch On-Going Planning
Division
A8
EXHIBIT A: CONDITIONS OF APPROVAL “Somersville Plaza Liquor Store” 2615 Somersville Road, Suite D (UP-22-17)
Page | 6
18. Contra Costa Environmental Health. The applicant shall comply with the Contra Costa County Environmental Health requirements in the email and letter dated December 14, 2022.
Contra Costa
Environmental
Health
On-Going Contra Costa
Environmental
Health
19. Requirement for Trash Enclosure. The applicant shall provide a trash enclosure consistent with the requirements of Contra Costa Environmental Health and the City of Antioch Municipal Code .
Enclosure details shall be included on the building permit submittal for the project.
Contra Costa
Environmental
Health
At the Time of
Building Permit
Submittal
Community
Development
Department
20. Revocation. Pursuant to Section 9 -5.2707.1 “Violation, Revocation, Fine” of the Antioch Municipal Code, if there is a violation of the Conditions of Approval, the Planning Commission shall hold a public hearing to consider revocation of the Conditional Use Permit. If the Planning Commission determines that the operation is not in compliance with the Conditions of Approval, there is a public nuisance or otherwise a threat to public health, safety, or welfare, this may result in revocation of or modification to the Use Permit or imposition of a fine.
City of Antioch On-Going Community
Development
Department
21. Tobacco Sales Prohibited. In accordance with the City of Antioch Municipal Code Section 9 -5.3843, tobacco products and drug paraphernalia are prohibited from being sold.
City of Antioch On-Going Community
Development
Department
22. Temporary Signs. Temporary signs, banners, commercial flags, and similar devices are prohibited, except as individually approved by the Community Development Department.
City of Antioch On-Going Community
Development
Department
23. Window Signage. Windows signage (including open/closed signs and business hour signs) shall occupy less than 25% of the windows. Windows shall remain un-tinted to allow law
enforcement personnel to have a clear and unobstructed view of the interior of the store.
City of Antioch On-Going Community
Development
Department
24. Alcohol Sales. The following conditions apply to the sale of alcohol at the site:
a. Containers of beer may only be sold in packages of three or more.
City of Antioch On-Going Community
Development
Department
A9
EXHIBIT A: CONDITIONS OF APPROVAL “Somersville Plaza Liquor Store” 2615 Somersville Road, Suite D (UP-22-17)
Page | 7
b. Wine shall only be sold in units of 750 ml or greater. c. Liquor shall only be sold in units of a half pint or greater. d. Alcohol sales floor area shall be limited to a maximum of 25% of overall floor area. (Per Planning Commission review 2/15/23)
25. Cardboard Storage. The operator shall store all cardboard and other refuse entirely within the trash dumpsters or within the store.
City of Antioch On-Going Community
Development
Department
26. Surveillance Cameras. Security surveillance cameras shall be installed and maintained in good working order to provide coverage on a twenty -four (24) hour real -time basis of the store .
Cameras shall remain active at all times and be capable of operating under any lighting cond ition. Security video must use standard industry format to support criminal investigations and shall be maintained for a minimum of sixty (60) days.
City of Antioch On-Going Community
Development
Department
A10
RESOLUTION NO. 2023/XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
GRANTING AN APPEAL AND DENYING THE APPLICATION FOR
A USE PERMIT FOR THE SOMERSVILLE PLAZA LIQUOR STORE AT
2651 SOMERSVILLE ROAD, SUITE D (UP-22-17) (APN: 076-432-025)
WHEREAS, the City of Antioch received an application from Gurmej Singh, for approval of a Use Permit for the operation of a liquor store with a type 21-Off-Sale General Alcoholic Beverage Control License at 2651 Somersville Road, Suite D (UP-22-17) (APN:
076-432-025);
WHEREAS, the proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Article 19, Section 15332 Infill Development.
Class 32 consists of projects characterized as in-fill development;
WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on February 2, 2023 for the Planning Commission public hearing held on February 15, 2023;
WHEREAS, on February 15, 2023, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary;
WHEREAS, the Planning Commission considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request;
WHEREAS, the Planning Commission approved the Use Permit;
WHEREAS, on February 23, 2023, Kathryn Wade filed an appeal of the Planning Commission decision;
WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on March 3, 2023 for the City Council public hearing held on March 14, 2023;
WHEREAS, on March 14, 2023, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary; and
WHEREAS, the City Council considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.
ATTACHMENT B
B1
Page | 2
NOW, THEREFORE, BE IT RESOLVED AND DETERMINED that the City Council hereby makes the following findings pursuant to Section 9-5.2703 “Required Findings” (B) (1) (a-e) of the Antioch Municipal Code:
a. That the granting of such use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.
Finding: The granting of a use permit would be detrimental to the public health, welfare, and injurious to the property and improvements in the project vicinity .
The sale of alcoholic beverages is recognized as having the potential to negatively impact communities, as affirmed by its unique licensing and regulation by the State of California Department of Alcohol Beverage Control (ABC). The applicant has not provided sufficient evidence to demonstrate that this location would not be detrimental to the public health or welfare or injurious to the property or improvements in the Regional Commercial (C -3) Zoning District or the vicinity of the site.
b. That the use applied at the location indicated is properly one for which a use permit is authorized.
Finding: The property is Zoned C-3 “Regional Commercial District.” The zoning district allows liquor stores with a use permit.
c. That the site for the proposed use is adequate in size and shape to accommodate such use, and all yards, fences, parking, loading, landscaping, and other features required.
Finding: The project is located in a retail commercial center with a parking lot to serve customers. Other retails stores operate at the center without issue.
d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.
Finding: The project site is located on Somersville Road, a major arterial. The existing road will support traffic generated from the use. The commercial center includes a one-way in driveway and a second two-way directional driveway.
e. That the granting of such use permit will not adversely affect the comprehensive General Plan because the proposed uses and design are consistent with the General Plan.
Finding: The General Plan designation for project site is Regional Commercial.
The project is consistent with the General Plan land use designation of Regional Commercial within the Western Antioch Commercial Focus Area.
BE IT FURTHER RESOLVED that due to the failure to affirmatively make Finding a., a Use Permit cannot be approved for this proposed application.
B2
Page | 3
BE IT FURTHER RESOLVED that the City Council of the City of Antioch does hereby grant the appeal and overturn the decision of the Planning Commission and DENY the application for a Use Permit for the operation of a liquor store with a type 21-Off-Sale General Alcoholic Beverage Control License at 2651 Somersville Road, Suite D (UP-22- 17) (APN: 076-432-025).
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof held on the 14th day of March 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLER
K OF THE CITY OF ANTIOCH
B3
ATTACHMENT C
C1
C2
C3
C4
C5
C6
ATTACHMENT D
D1
D2
D3
ATTACHMENT E
E1
E2
E3
E4
E5
E6
E7
E8
E9
E10
CITY OF ANTIOCH
PLANNING COMMISSION
[ABRIDGED/DRAFT]
Regular Meeting February 15, 2023 6:30 p.m. Meeting Conducted Remotely
The City of Antioch, in response to the Executive Order of the Governor and the Order of the Health Officer of Contra Costa County concerning the Novel Coronavirus Disease (COVID-19), held Planning Commission meetings live stream ( at https://www.antiochca.gov/community-development-department/planning- division/planning-commission-meetings/.). The Planning Commission meeting was conducted utilizing Zoom Audio/Video Technology.
1. CALL TO ORDER
Chair Gutilla called the meeting to order at 6:30
P.M. on Wednesday, February 15, 202 3. She
announced that tonight's meeting was being held in accordance with the Brown Act as currently in effect under AB 361, which allowed members of the Planning Commission, City staff, and the public to participate and conduct the meeting by tele conference. She stated anyone wishing to make a public comment, may do so by using the raise your hand tool or submitting their comments using the online public comment form at www.antiochca.gov/community - development-department/planning-division/planning-commission-meetings/. Public comments that were previously submitted by mail or email have been provided to Planning Commissioners.
2. ROLL CALL
Present: Commissioners Schneiderman, Martin, Motts, Hills, Lutz, Vice Chair Riley and Chair Gutilla
Staff: Director of Community Development, Forrest Ebbs
Planning Manager, Anne Hersch
Senior Planner, Zoe Merideth
Senior Planner, Kevin Scudero
Minutes Clerk, Kitty Eiden
3. PLEDGE OF ALLEGIANCE
Commissioner Riley led the Pledge of Allegiance.
4. EX-PARTE COMMUNICATIONS - None
5. PUBLIC COMMENT – None
6. CONSENT CALENDAR
6-1.
Planning Commission Meeting Minutes January 4, 2023
ATTACHMENT F
F1
Planning Commission
February 15, 2023 Page 2 of 7
Commissioner Martin, Commissioner Motts and Commissioner Lutz announced that they would be abstaining from the motion to approve the minutes due to their absence at the January 4, 2023, Planning Commission meeting.
On motion by Commissioner Schneiderman, seconded by Vice Chair Riley, the Planning Commission approved the Minutes of January 4, 2023. The motion carried the following vote:
AYES: Schneiderman, Hills, Riley, Gutilla
NOES: None
ABSTAIN: Martin, Motts, Lutz
ABSENT: None
7. PUBLIC HEARING
7-1. PDP-22-01 Laurel Ranch Gas Station (SW Corner of Laurel Rd. & Country Hills Drive/APN: 053-060-064) - The applicant is requesting a Preliminary Development Plan review for a proposed gas station with an automatic carwash and convenience store. The subject site is a vacant 1.35- acre parcel. The proposal includes site improvements and landscaping. The objective of this review is to provide feedback about any potential concerns or issues prior to the submittal of entitlements. If a formal application is filed, project entitlements would include Environmental Review, Planned Development Rezone, Final Development Plan, Use Permit, and Design Review. This is a preliminary submittal only.
7-2 UP-22-18, AR-22-16 Delta Bowl Billboard 3300 Delta Fair Boulevard- The applicant is seeking a Use Permit and Design Review approval for the construction of a new digital billboard and associated site improvements at 3300 Delta Fair Boulevard. The subject site is a 3.34- acre parcel developed with a bowling alley and parking lot. The project scope includes the construction of a new 70 ft. tall 14ft. x 48ft. (672 sq. ft.) double sided digital billboard mounted on a 3 ft. diameter support column.
7-3. UP -22-17 Somersville Plaza Liquor Store 2651 Somersville Rd, Suite D - The applicant is seeking Use Permit approval for the operation of a new liquor store with a Type 21-Off- Sale General license from Alcoholic Beverage Control (ABC). The subject site is a 2.02- acre parcel developed with a commercial center and parking lot. The liquor store is proposed to sell beer, wine, liquor, drinks, snacks, and similar items. The applicant is proposing to operate from 7am to 12am, 7 days a week. Four (4) employees will work at the store.
Senior Planner Merideth presented the staff report dated February 15, 2023, recommending the Planning Commission adopt the Resolution approving the Use Permit to allow a liquor store at 2651 Somersville Rd, Suite D subject to the findings and Conditions of Approval.
A speaker for Gurmej Singh, Somersville Liquor Store, thanked everyone for hosting and attending the meeting. He announced they were looking to open a new store on Somersville Road and reported that he had been in the liquor business for 35 years with an existing store in F2
Planning Commission
February 15, 2023 Page 3 of 7
Antioch for the last 10 years. He noted they were looking to expand which was why they were applying for a new location with an experienced staff who would provide the same level of customer service. He further noted they would create job opportunities for residents and contribute to the growth of the community. He stated that they understood the concerns related to the impact of alcohol outlets on crime rates; however, the proposed store would operate within local and state laws and regulations. He noted there had been no problems with their existing location in Antioch. H e further noted he understood concerns related to Prop 31; however, if approved their business would not sell menthol cigarettes or flavored tobacco products.
Regarding concerns related to density of alcohol establishments in the area, and potential impact on crime rates, he clarified the proposed store w ould have a positive impact on the community by providing a valuable service as a convenience store , creating jobs and generating tax revenue. He noted they believed in giving back to the community as much as possible through donations to local police and fire departments, schools and more. He further noted they wanted to help the C ity grow and leave a positive impact just as they had been doing with their other locations. He commented based on 35 years of experience in the industry, the store would be operated responsibly and with the community in mind and they would take steps to prevent underage sales, limit the sales of certain products, and work with local law enforcement to ensure the store was not a source of criminal activity. He stated they were open to reducing their hours of operation to eliminate late night traffic. He noted their stores were well lit, secure, and well maintained. He committed to being a good neighbor and working with the local community to address any other concerns. He reassured the Commission that they took their responsibility as a business seriously and they would work with the community to make sure the store operated in a safe and responsible manner. He requested the Planning Commission carefully consider their application.
Chair Gutilla opened the public comment period.
Dominique King, Antioch resident, spoke in opposition of a new liquor store noting that this area was oversaturated with businesses selling alcohol and believed it was an inappropriate use for an underserved area of the City. Additionally, she noted it would not elevate Antioch’s marketability for other businesses.
Diego Irigoven, current tenant of Somerville Plaza, reported the area was often vandalized and felt the addition of a liquor store may make matters worse. He noted there were plenty of these types of businesses in the area.
Joe, 360 Auto Repair, spoke in opposition to the liquor store noting that they had witnessed vandalism and transient behavior in the area. He further noted the area was oversaturated with businesses selling liquor.
Kathryn Wade, Antioch resident, spoke in opposition to the liquor store and noted businesses in the area were dealing with the mentally ill and shoplifting. She requested more businesses be provided that would improve and underserved area of the community. She expressed concern the area was oversaturated with businesses selling alcohol and urged the Planning Commission to deny the application.
Andre Casanova stated he opposed another liquor store in Antioch.
F3
Planning Commission
February 15, 2023 Page 4 of 7
Chair Gutilla thanked everyone from the public who participated in the discussion and closed the public comment period.
Vice Chair Riley stated he agreed with the public comments and did not support the Use Permit because it was not a good use of the land. He noted there were sufficient businesses selling liquor in the area.
In response to Commissioner Martin, Senior Planner Merideth provided a definition of on-sale and off-sale liquor establishments. She explained that in the City code there was an exemption for retail markets having a minimum of 10,000 square feet of floor area that devote d no more than 5% of the floor area to alcohol ic beverages and grocery stores met that exemption. She noted historically they had not categorized grocery stores as a liquor establishment. She confirmed that this business was proposed to be in the middle suite of the shopping center. She reported Food and Liquor, service stations, Buzi Mart and Grocery Outlet sold liquor in the area; however, none were within the 500-feet that code required.
Commissioner Lutz questioned how many liquor stores were located in Antioch.
Senior Planner Merideth responded that they did not keep records for liquor stores; however, she ran a report for type 20 beer and wine and type 21 beer wine and liquor stores through ABC, and there were 52 active licenses in Antioch. She noted 20 out of the 57 were drug and grocery stores and 8 were 7/11 convenience stores and gas stations.
Commissioner Lutz stated he was not opposed to liquor stores; however, he was concerned about the issues raised by the public. He commended the applicant for currently owning a well- run store. He commented that this neighborhood did not need another liquor store and noted that there may be another area that may not be as sensitive. He further noted that he would be voting against the project.
Commissioner Motts stated he agreed with most comments who opposed the project and noted Antioch was already saturated with liquor stores.
Commissioner Hills thanked the applicant for their efforts to address some concerns; however, she believed the area to be oversaturated. She thanked everyone for their time.
Commissioner Schneiderman commented that the Planning Commission had approved several dispensaries, and no one had complained. She noted liquor was available in many locations and another store would not increase consumption. She further noted the building was empty and vacancies were a concern.
In response to Chair Gutilla, Senior Planner Merideth reported Antioch Police Department did not provide any comments related to the condition regarding surveillance of the property. She noted the applicant had experience and could provide comments.
A speaker for Mr. Singh reported their current location had over 20 survei llance cameras that monitored the street, parking lot, cash register, employee entrances, back entrances, and every F4
Planning Commission
February 15, 2023 Page 5 of 7
aisle inside the store. He stated they were open to placing just as many or more at their new location. He reported the current location opened at the same time as the other businesses in the area and closed at 12:00 A.M., which was the same time as another liquor store across the street. He agreed to close at 9:00 P.M. or 10:00 P.M. to reduce late-night traffic.
Chair Gutilla stated she was conflicted on this project because she had not seen anything negative associated with the applicant’s current location. She noted having a business in the area may attract other businesses. She further noted it was the Planning Commission’s role to represent the community in what they were asking for at this location. She stated there were community concerns related to sensitive populations and the lack of family-oriented businesses in the area. She noted the applicant who was already a successful business owner may have an advantage in creating something different for the location that would serve the community better, such as focusing on the convenience store aspect. She stated she would support the City working with the applicant for something more suitable for the area.
A speaker for Mr. Singh responded that their current store was more convenience store oriented.
Chair Gutilla asked what the store would be called, noting that that would make a difference in the community.
A speaker for Mr. Singh responded that they were open to changing the name to Gary’s Liquor and Food or Gary’s Liquor and Snacks.
Commissioner Martin stated having liquor in the name implied something that was inappropriate for the area. He reported he had been to various liquor stores in Antioch who had a business model that resembled a convenience store. He noted changing the name could give the area some class. He further noted the shopping center needed a tenant that would pull in future development. He commented that when Seeno decided to move forward with their project, there would be a lot of new residents in the area.
Commissioner Lutz stated he believed changing the name was a good recommendation; however, if the applicant had come forward asking to open a grocery store in this location it would have changed the complexion of what was being discussed. He noted if liquor was the main product, people would still identify it as a liquor store. He further noted the applicant had been successful at owning a liquor store, and he could use the same expertise to run a grocery establishment.
Commissioner Schneiderman noted when she looked at the floor plan it was dedicated to grocery type items. She spoke in support of changing the name of the store.
In response to Chair Gutilla, Director of Community Development Ebbs stated changing the name could make a difference; however, if the business were to be sold the City could not control the next business name. He explained that if the Planning Commission did not want the preponderance of goods to be liquor, they could add a condition that no more than 25% of the floor area be dedicated to the sale of liquor. He noted that that condition would carry onto a change of ownership.
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February 15, 2023 Page 6 of 7
A speaker representing Mr. Singh commented that their current location had approximately 30% of their store dedicated to liquor with the remainder being grocery items.
Director of Community Development Ebbs added that the Planning Commission could also limit the cooler space.
Commissioner Schneiderman stated that she supported limiting the space dedicated to liquor to 30%. She suggested the applicant consider a name that did not include alcohol.
In response to Commissioner Lutz, Director of Community Development Ebbs confirmed that beer and wine would be included in the area designated for liquor.
A speaker representing Mr. Singh stated they only had alcoholic beverages behind the counter and beer in the cooler.
Commissioner Lutz stated he wanted to see a grocery store; however, he was concerned that people would recognize this business as a liquor store. He stated he would feel more comfortable if only beer and wine were sold along with the convenience store items.
Commissioner Motts stated he could support the application with the recommendations made this evening. He stated that he would also prefer the store to be limited to beer and wine sales.
He commented that a convenience store would not fulfil a need for quality food items.
RESOLUTION NO. 2023-08
On motion by Commissioner Martin, seconded by Commissioner Schneiderman , the Planning Commission adopted the Resolution approving the Use Permit to allow a liquor store at 2651 Somersville Rd, Suite D subject to the findings and Conditions of Approval with the following additions:
Limiting store hours from 7:00
A.M. – 10:00 P.M.
No more than 25% of the floor area be allocated to alcoholic beverages Recommending the applicant consider a name that does not include alcohol in the title.
The motion carried the following vote:
AYES: Schneiderman, Martin, Motts, Gutilla
NOES: Hills, Lutz, Riley
ABSTAIN: None
ABSENT: None
Chair Gutilla congratulated the applicant and stated she appreciated them doing business in Antioch. She commented that she hoped this business would be fruitful for the applicant and beneficial to the surrounding community.
7-4. UP-22-14, AR-22-14 Delta Courtyard Apartments 810 Wilbur Ave.
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February 15, 2023 Page 7 of 7
7-5. Appeal of Street Tree Permit at 411 W. 5th St.- The appellant has filed an appeal of the Tree Committee’s decision approving a street tree removal permit request to remove two (2) London Plane trees at 411 W. 5 th St. The appeal cites aesthetic concerns, violation of existing tree policy, and states that the removal is unnecessary and a detriment to the quality of life in the downtown neighborhood.
F7
From: Eric Fung
To: Merideth, Zoe
Subject: UP-22-17 Agency Comment City of Antioch - SR0020372 Date: Wednesday, December 14, 2022 4:22:23 PM
Attachments: UP-22-17 City of Antioch - Somersville Plaza Liquor Store Routing.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Ms. Merideth,
Contra Costa Environmental Health (CCEH) has received a request for agency comment regarding the above referenced project. The following are our comments:
1. A health
permit is required for retail food facilities. Food facilities include restaurants, stores,
bars, cafeterias, snack bars, kiosks at transit sites, and any business or operation that sells or gives food away to the public (including employees or students).
2. Plans must be submitted to CCEH and approved
prior to the issuance of building
permits for such facilities. Prior to the submission of plans, CCEH staff is available to meet
with prospective developers/operators to discuss the requirements for these facilities and the plan review process.
3. Dumpster areas serving
retail food facilities are required to have a drain to the sanitary sewer and provided with a hot/cold water supply. It is recommended that developers be informed
of this requirement, since it is usually easier to plan for the installation of sewer and water in dumpster areas during initial construction rather than install these afterwards.
4. All retail
food facilities must have approved restrooms. This includes kiosks located at transit sites. It is recommended that developers
be informed of this requirement, since it is usually
easier to plan for the installation of restrooms during initial construction rather than install these afterwards.
These comments do not limit an
applicant’s obligation to comply with all applicable laws and regulations. If you should have any questions, please do not hesitate to call me at (925) 608-5538.
W. Eric Fung
Environmental Health Specialist II
Contra Costa Environmental Health
2120 Diamond Blvd., Suite 100
Concord, CA 94520
(925) 608-5538
[email protected]
*Contra Costa Environmental Health has resumed essential fieldwork, but at this time is operating with a very limited staff due to deployments brought about by the need for emergency
ATTACHMENT G
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service workers. Our office is now open to the public following social distancing protocols. *Please refer tohttps://www.coronavirus.cchealth.org/for the current Health Officer Orders and latest county updates related to COVID19, and tohttps://cchealth.org/eh/for guidelines and FAQs relating to our permitted facilities and general information.
G2
ATTACHMENT H
H1
From: Jasbir Singh
To: Planning Division
Subject: New Liquor store UP 22-17
Date: Wednesday, February 1, 2023 3:04:39 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear City of Antioch Planning Commission Members,
My name is Jasbir Sooch. I’m reaching out to you regarding the New Liquor Store Application (UP 22-17) that is currently pending for review. It is for Somersville Plaza located at 2651 Somersville Rd Suite D / Parcel # (APN):
076-432-025.
I’m an Antioch Citizen who is genuinely concerned about adding another new liquor store in a community that is already over saturated with businesses catering to beer, wine, liquor and tobacco. As a reminder, there are already three existing businesses which already sell alcohol and are less than a minute away from this proposed location, and many more locations which already sell tobacco. In this day and age where crime is rapidly on the rise, is it really a good idea to place a liquor store where there isn’t much existing business in a seemingly lackluster plaza, giving potential thieves and robbers more comfort to work with? Absolutely not! Adding another liquor store in our town will definitely come with consequences, with crime at the top of the list. We are already short on police officers in our town, and adding another unnecessary liquor store will certainly take time away from other emergencies around town. We need to act smart and use our resources wisely.
Additionally, do we really need to add another liquor store OR do we bring more value and add businesses that uplift and shape this community in a positive direction such as youth programs and healthier food outlets. I think we can all agree of what is more important here and we can all realize that adding another liquor store in no way helps shape the current state and the future of Antioch in a bright light.
In closing, we all experienced the pandemic personally and many of us are still dealing with the mental health crises.
As we continue to navigate mental health challenges, adding another liquor store does not in any way benefit this vulnerable community.
I hope that you will genuinely consider each individuals concern here today, and come to the realization that Antioch is in need of more positive things in its community and Not another store where individuals can go to temporarily forget about their sorrows. When making your final decision, please consider where Antioch was 10 years ago and where it’s gone now and where it’s headed. As responsible and trusted authority figures of our city, we expect for you to make the right decision which will help shape the future of Antioch and its residents positively.
Thank you very much for your time and understanding.
Kind Regards,
Jasbir Sooch
ATTACHMENT I
I1
From: Nisha Toor
To: Hills, Christian; [email protected]; Motts, Kerry; Riley, Kevin; Schneiderman, Milanka; Martin, Robert; Lutz, Warren
Cc: Planning Division; Planning Commission
Subject: New Liquor Store Opposition - Project Application UP 22-17 Date: Monday, January 2, 2023 12:51:11 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear City of Antioch Planning Commission Members,
Happy New Year!
My name is Nisha Toor. I’m writing to you today to voice the Somerville and Small Business communities' opposition to the New Liquor Store Application (UP 22-17) that is currently pending for review. It is for Somersville Plaza located at 2651 Somersville Rd Suite D / Parcel # (APN): 076-432-025.
According to census tract 3072.01 Somersville and Delta Fair Blvd is one of the poorest corridors in Contra Costa County. Historically in high poverty corridors the crime rates spike exponentially with businesses catering to addictive products such as alcohol and tobacco. There is also rampant crime involving liquor stores and the lack of security in this community.
We believe the new liquor store proposal does not in any way or shape add value to the Somersville community or tackle the criminal activities and the mental health crises in that particular corridor. It breeds more of the same issues.
You may also be aware, the City of Antioch is inundated with 12+ liquor stores, not including smoke shops serving a population of 115,000. In contrast, the neighboring city of Concord has less than 10 liquor stores serving a population of 125,000. Cities such as Danville and Walnut Creek have less than 5.
Liquor stores in general are a prime hot spot for criminal activity such as robberies, burglaries, theft, vandalism, and personal threats. They also exacerbate the mental health crises by a way of making liquor more readily available.
We kindly urge the Community Development along with the Planning Department to carefully review the data and deny the application. Please note, the applicant Gurmej Singh is a resident of Brentwood. He currently owns one liquor store (Gary’s Liquors) on Lone Tree Way. He is attempting to build a second location in Somerville Plaza where there are multiple liquor and tobacco stores serving the community.
I would like the opportunity to work with the Community and Planning Department on how we can put a city-wide plan together to create better businesses that enhance the quality of life and safety of the citizens' of Antioch in 2023.
Thank you for taking the time to read this request.
Please feel free to reach out with any questions.
Warm Regards,
Nisha
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Nisha Toor | Mobile: +1 (925) 437-2552
--
Regards,
Nisha Toor | Mobile: +1 (925) 437-2552
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From: Amardeep Aakash
To: Planning Division
Subject: UP-22-27 New Liquor Store
Date: Monday, February 13, 2023 12:26:50 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Planning Commissioners,
My name is Aakash. I am a resident of Antioch. I would like to submit my public comment request for the Wednesday, February 15 meeting.
I’m concerned about the new Somersville Plaza Liquor Store application UP-22-17. My family and the community is opposed because we have too many liquor stores in this neighborhood. We would like businesses that are more family oriented and make us feel safe. On behalf of my family and neighbors, I’m requesting the honorary city officials to deny this application on the basis that as a community we do not need another liquor store.
Thank you very much for considering my request.
Aakash
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From: EMMA CHAUHAN
To: Planning Commission; Planning Division
Subject: Re: Liquor Store Application
Date: Tuesday, February 14, 2023 11:26:11 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Good morning Dear Planning Commissioners,
I have been a resident of Somerville Community for 16 years. I'm writing to request that you please deny the new liquor store application for Somerville plaza which is pending review and approval.
Agenda 7.3
UP-22-17
Somerville Plaza Liquor Store
2651 Somersville Rd. Suite D
We have a surplus of stores selling beer, liquor, and tobacco products. I want to feel good and safe about walking into a store with my grandkids.
Please consider bringing more quality and healthy stores in our community.
Thank you for taking my feedback into consideration.
Sincerely,
Emma
On 02/14/2023 11:25 AM EMMA CHAUHAN
<[email protected]> wrote:
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From: Sam kazimi
To: Planning Division; Planning Commission
Subject: Agenda Somersville Plaza Liquor Store
Date: Tuesday, February 14, 2023 11:42:24 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Planning Commissioner Members,
My name is Sam. I own Mobile 1 Repair Shop which
is located 300ft from the proposed Liquor
Store Application that is being reviewed for approval.
Agenda 7-3
UP-22-17
Somersville Plaza Liquor Store
2651 Somersville Rd, Suite D
I am opposed to this liquor store taking place next to my business because we already have many alcohol outlets in this neighborhood.
Currently we have Super Wine & Liquor up the street from my business, and Vintage Liquor down the street, Smart & Final, 2 Gas Stations that serve beer and snacks, plus a 7/11 around the corner, and 2 smoke shops.
This new premises-to-premises transfer license for the new liquor store does not add any value to our community.
The liquor store impacts us negatively with regards to overall health, safety and mental illness issues.
This area is already deprived of businesses that are good and healthy.
I sincerely request the honorable planning commissioners to deny the application.
Thank you,
Sam
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From: selenarobinson0319
To: Planning Division
Subject: FW: Liquor Store Agenda: 7-3. UP-22-17 Somersville Plaza Liquor Store 2651 Somersville Rd, Suite D. Dear City Planning Commissioners, I am a resident of Antioch. I’m opposed to the applicant seeking Use Permit approval for the operation of...
Date: Wednesday, February 15, 2023 7:59:37 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
S. Robinson
-------- Original message --------
From: Selena Robinson <[email protected]>
Date: 2/14/23 11:11 AM (GMT-08:00)
To: [email protected]
Subject: Liquor Store Agenda: 7-3. UP-22-17 Somersville Plaza Liquor Store 2651 Somersville Rd, Suite D. Dear City Planning Commissioners, I am a resident of Antioch. I’m opposed to the applicant seeking Use Permit approval for the operation of a new liquor store with a Type 21-Off- Sale General license from Alcoholic Beverage Control (ABC). The reason being is because we have many businesses specializing in alcohol or tobacco in the area. The residents of this neighborhood deserve quality based businesses that cater to the overall health and wellness of the community. We need businesses that are safe and boost the image of our city. Therefore, I ask the honorable commissioners to deny this application.
Thank you
S. Robinson
I7
From: Bj Khan
To: Planning Division
Subject: RE: proposed liquor store at somersville plaza Date: Wednesday, February 15, 2023 8:02:55 AM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
To whom it may concern:
First, I would like to thank you for your time and allowing me to voice my opinion.
I am writing you to speak on my concerns in regards to:
7-3. UP-22-17 Somersville Plaza Liquor Store 2651
Somersville Rd, Suite D.
I am highly concerned for the city of Antioch and the community surrounding this proposed liquor store. I work video surveillance for a few shopping centers in Antioch and well over 100 shopping centers in California. We live monitor the centers we secure and notice the activity on a daily basis.
Liquor stores are a high risk business for any community. They attract criminal activities such as, theft, burglary, robbery and loitering which attracts a negative energy within the shopping center.
The area in which this liquor store is being proposed is already saturated with access to alcohol and beer.
I feel the planning commission should consider bringing in a less risk business with a more positive vibe to the area.
Let’s all help get Antioch back! The homeless population is becoming a nuisance for everyone that patronizes the shopping center, homeless people love liquor stores. Majority of the vagrant population are suffering from mental health issues, the last thing we need is for them to have even more access to alcohol and be subjected to an altercation with a community member and/or police.
I witness everyday the issues that police departments have to deal with in regards to crowds in front of liquor stores, smoke shops and certain convenience stores.
I stand by our nation and the opportunity that our land provides to everyone to do better and grow; however I feel that’s exactly what it should be. Business that help our community do better and grow.
Saturate our community with a less risky business. Something more community friendly. A business that will not add to the problem we face daily.
Thank you once again for allowing me to voice my opinion:
Farouk khan.
209-450-7423
Sent from my iPhone
I8
From: Nisha Toor
To: Planning Division; Planning Commission
Cc: Hersch, Anne
Subject: Opposition - Agenda 7.3 UP-22-17 - Somersville Plaza Liquor Store Application Date: Wednesday, February 15, 2023 10:49:29 AM
Attachments: WL - Signature from Petitioners Opposition - Agenda 7.3 UP-22-17.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Opposition - Agenda 7.3 UP-22-17
Somersville Plaza Liquor Store Application
2651 Somersville Road, Antioch CA 94509
Honorable Members of Antioch Planning Committee and Planning Commission Members,
We are writing to oppose the proposed development of a new Liquor Store at Somerville Plaza. Historically, a surplus of liquor and tobacco stores give way to increased opportunities for criminal activity. In groundbreaking studies published in Drug and Alcohol Review, researchers found a correlation between the density of alcohol outlets and violent crime rates among teens and young adults aged 13 to 24.
The Bureau of Justice Statistics published a comprehensive analysis of victimization and incident data on alcohol and crime showing that nearly 40 percent of violent victimizations and fatal motor vehicle accidents involve alcohol, and roughly 40 percent of detainees and persons incarcerated report using alcohol at the time they committed their offense.
The density of alcohol outlets influences aggravated assault incidents, calls for service for social “disorder” offenses, and calls for service. For the most part, researchers found that the community impacts associated with alcohol outlet density include increased levels of homicide and other assaults, prostitution, liquor law violations, and traffic fatalities.
We kindly urge the honorable city officials to carefully review and deny application for the pending Liquor Store at Somersville Plaza. The California Proposition 31, upholding state law barring the sale of menthol cigarettes and flavored tobacco has significantly impacted surrounding businesses, decreasing sales revenue by 30%.
Adding more of the same businesses will not only negatively affect the safety of the community, but will also jeopardize existing small businesses in the Somerville community.
Also please find attached a list of signatures in opposition to the application for submission and review in today's meeting.
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Regards,
Nisha
Nisha Toor | Mobile: +1 (925) 437-2552
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I11
I12
I13
I14
I15
From: clownyboots bill
To: Planning Division
Subject: Agenda: 7-3. UP-22-17 Somersville Plaza Liquor Store 2651 Somersville Rd, Suite D.
Date: Wednesday, February 15, 2023 3:37:39 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear City of Antioch Planning Commission Members,
My name is Mike Anderson, I’m reaching out to you regarding the New Liquor Store Application (UP 22-17) that is currently pending for review. It is for Somersville Plaza located at 2651 Somersville Rd Suite D / Parcel # (APN): 076-432-025.
I’m an Antioch Citizen who is genuinely concerned about adding another new liquor store in a community that is already over saturated with businesses catering to beer, wine, liquor and tobacco. As a reminder, there are already three existing businesses which already sell alcohol and are less than a minute away from this proposed location, and many more locations which already sell tobacco. In this day and age where crime is rapidly on the rise, is it really a good idea to place a liquor store where there isn’t much existing business in a seemingly lackluster plaza, giving potential thieves and robbers more comfort to work with? Absolutely not! Adding another liquor store in our town will definitely come with consequences, with crime at the top of the list. We are already short on police officers in our town, and adding another unnecessary liquor store will certainly take time away from other emergencies around town.
We need to act smart and use our resources wisely.
Additionally, do we really need to add another liquor store OR do we bring more value and add businesses that uplift and shape this community in a positive direction such as youth programs and healthier food outlets. I think we can all agree of what is more important here and we can all realize that adding another liquor store in no way helps shape the current state and the future of Antioch in a bright light.
In closing, we all experienced the pandemic personally and many of us are still dealing with the mental health crises. As we continue to navigate mental health challenges, adding another liquor store does not in any way benefit this vulnerable community.
I hope that you will genuinely consider each individuals concern here today, and come to the realization that Antioch is in need of more positive things in its community and Not another store where individuals can go to temporarily forget about their sorrows. When making your final decision, please consider where Antioch was 10 years ago and where it’s gone now and where it’s headed. As responsible and trusted authority figures of our city, we expect for you to make the right decision which will help shape the future of Antioch and its residents positively.
Thank you very much for your time and understanding.
Kind Regards,
Mike Anderson,
I16
From: Tim Hatch
To: Planning Division
Cc: Planning Commission
Subject: Public Comment
Date: Wednesday, February 15, 2023 12:19:12 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Good afternoon Honorable Planning Commissioners,
My name is Tim Hatch. I am a local resident ofSomersville Community. I have raised a family here for 40 years. I’d like to request that you please reject / deny Agenda 7-3. UP-22-17 for Somersville Plaza Liquor Store 2651 Somersville Rd, Suite D.
There is a high concentration of such businesses in Antioch. I can easily walk out my front door and buy liquor, beer, and tobacco. The new liquor stores in this neighborhood are not good and does not benefit the community. My family thanks you for keeping our feedback in mind while making this important decision that impacts city of Antioch.
Thank you,
Tim
Sent from my iPhone
I17
From: Nisha Toor
To: Planning Division; Planning Commission
Cc: Hersch, Anne; Nisha Toor
Subject: Opposition - Agenda 7.3 UP-22-17 - Somersville Plaza Liquor Store Application Inbox Date: Wednesday, February 15, 2023 6:54:34 PM
Attachments: Somersville Liquor Store Map .pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Opposition - Agenda 7.3 UP-22-17
Somersville Plaza Liquor Store Application
2651 Somersville Road, Antioch CA 94509
Members of Antioch Planning Committee and Planning Commission Members, Please find attached the following map listing Nearby Beer Wine & Liquor Businesses in the Somersville Community 7-Eleven that I'd like to comment on as well in today's
meeting.
Regards,
Nisha
Nisha Toor | Mobile: +1 (925) 437-2552
I18
Nearby Beer Wine & Liquor Businesses in the Somersville Community 7-Eleven
2301 Buchanan Rd,
Antioch, CA 94509
Distance from the proposed application: 1200 ft
BiziMart
3912 Delta Fair Blvd
Antioch, CA 94509
Distance from the proposed application: 2000 ft
AM/PM
2610 Contra Loma Blvd,
Antioch, CA 94509
Distance from the proposed application: 1+ mile
Grocery Outlet
3160 Buchanan Rd,
Antioch, CA 94509
Distance from the proposed application: 1400 ft
Vintage Liquors
1339 Buchanan Rd
Pittsburg, CA 94565
Distance from the proposed application: 1+ miles
7-Eleven
2707 Contra Loma Blvd,
Antioch, CA 94509
Distance from the proposed application: 1+ mile
Wine & Liquor
2958 Delta Fair Blvd
Antioch, CA 94509
Distance from the proposed application: 1600 ft
Dave’s Liquors
1008 Fitzuren Rd,
Antioch, CA 94509
Distance from the proposed application: 1+ mile
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From: Keenan Williams
To: Planning Division
Subject: 7-3. UP-22-17 Somersville Plaza Liquor Store 2651 Somersville Rd, Suite D Date: Wednesday, February 15, 2023 10:53:56 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear City Planning Commissioners,
My name is Keenan Williams. I am raising my family in the City of Antioch. I’m opposed to the applicant seeking Use Permit approval for the operation of a new liquor store with a Type 21-Off- Sale General license from Alcoholic Beverage Control (ABC).
The reason being is because the residents of this neighborhood deserve quality based business that cater to the overall health and wellness of the community. We need business that are safe and boost the image of our city.
Therefore, I ask the honorable commissioners to please deny this application.
This is a growing community of working class citizens with families. As a home owner I would like to see the community my daughter grows up in grow as well. In a positive way that enables community development.
Thank you
Sent from my iPhone
I20
Antioch City Council Report
March 14, 2023 Agenda Item #6 2
On October 5, 2022, the Planning Commission received the new resolution and, after considering additional testimony from Ms. Gibson-Gray, directed staff to return with a modified resolution to allow both trees to be removed.
On February 15, 2023, the Planning Commission approved the resolution to allow both trees to be removed.
On February 23, 2023, an appeal of the decision was filed by Kerry Motts.
ANALYSIS
The treatment of trees, including their removal , is regulated by Antioch Municipal Code Title 9, Article 12 “Tree Preservation and Regulation”, which is contained in the Zoning Ordinance. Trees meeting certain criteria are categorized based on their size – the subject trees are considered Landmark Trees, which is the highest classification. A Tree Removal Permit is required for removal of a Landmark Tree and the request is to be considered by the Tree Committee. Prior to the decision, a notice is mailed to all owners of adjacent property with a 10-day comment period to “allow neighbors to respond to the notice.”
The Tree Committee uses the criteria established in AMC 9 -5.1203(B)(2)(b), which are as follows:
1) The condition of the tree(s) with respect to its health, proximity to existing structure(s), and the likelihood of future damage to said structure(s) and nearby utilities should the tree(s) not be removed.
2) The necessity to remove the tree(s) for reasonable use and/or enjoyment of the property.
3) The aesthetic impacts of tree removal in relation to the size and species of the subject and nearby tree(s). Typically, the city will encourage the preservation of uniform street tree patterns where such patterns have long been established.
The Tree Committee appli ed criterion 1 and found that the subject trees were likely to continue to cause damage to the nearby sewer and/or water lines due to their size and aggressive root habits. Based on this criteri on, the Tree Committee elected to approve the Tree Removal Permit. The Planning Commission applied similar findings in their resolution to approve the Tree Removal Permit.
The conclusion was based on a n arborist report that was initiated by the Public Works Department. The report found that Tree A could be pruned and retained. It also found that Tree B was heavily damaged by the pruning and recommended removal.
ATTACHMENTS
A. Resolution
B. Appeal of Planning Commission Decision, dated February 23, 2023 C. Planning Commission Resolution, dated February 15, 2023 D. Draft/Abridged Planning Commission Minutes of February 15, 2023 Antioch City Council Report
March 14, 2023 Agenda Item #6 3
E. Planning Commission Minutes of October 5, 2022
F. Planning Commission Minutes of September 7, 2022
G. Appeal of Tree Committee Decision, dated April 8, 2022 H. Approval of Tree Removal Permit, dated April 1, 2022 I. Arborist Report, dated March 8, 2022
J. Tree Removal Permit Application dated February 23, 2022 K. Comment Submitted by Diane Gibson-Gray to Planning Commission, dated February 15, 2023.
L. Comment Submitted by Diane Gibson-Gray, received March 8, 2023.
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
DENYING THE APPEAL AND APPROVING A TREE REMOVAL PERMIT FOR THE REMOVAL OF TWO LONDON PLANE TREES AT 411 W. 5TH STREET
WHEREAS, Title 9, Article 12 of the Antioch Municipal Code (AMC) establishes the regulations for the treatment of trees, including the process for their designation and removal; and
WHEREAS, an application for a Tree Removal Permit was received on February 23, 2022 for the removal of two London Plan trees at 411 W. 5 th Street; and
WHEREAS, on April 1, 2022, the Public Works Director, upon consultation with the Tree Removal Committee and receipt of public comment, approved the removal of two London Plane trees at 411 W. 5
th Street with conditions of approval; and
WHEREAS, the Planning Commission received and considered an appeal of the approval Tree Removal Permit at duly noticed public meetings on September 7, 2022, October 5, 2022, and February 15, 2023; and
WHEREAS, on February 15, 2023, the Planning Commission denied the appeal and approved a Tree Removal Permit for removal of two London Plane trees at 411 W. 5 th Street with conditions of approval; and
WHEREAS, an appeal of the Planning Commission decision was filed on February 23, 2023; and
WHEREAS, on March 14, 2023, the City Council held a public hearing and considered the record and public testimony and found the removal of the two trees to satisfy the criteria established in AMC 9- 5.1203(B)(2)(b) because they would likely continue to cause damage to nearby structures and utilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Denies the appeal and approves a Tree Removal Permit for the removal of two London Plane trees at 411 W. 5
th Street with the following conditions of approval
a. The trees must be removed below ground level.
b. Two new suitable replacement trees for the parking strip area shall be planted. The City must approve the tree selection prior to planting.
* * * * * * * * * * * * *
ATTACHMENT A
A1
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 14 th day of March 2023, by the following vote:
AYES:
ABSENT:
ABSTAIN:
NOES:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
ATTACHMENT B
B1
B2
ATTACHMENT C
C1
C2
C3
C4
CITY OF ANTIOCH
PLANNING COMMISSION
[ABRIDGED/DRAFT]
Regular Meeting February 15, 2023 6:30 p.m. Meeting Conducted Remotely
The City of Antioch, in response to the Executive Order of the Governor and the Order of the Health Officer of Contra Costa County concerning the Novel Coronavirus Disease (COVID-19), held Planning Commission meetings live stream ( at https://www.antiochca.gov/community-development-department/planning- division/planning-commission-meetings/.). The Planning Commission meeting was conducted utilizing Zoom Audio/Video Technology.
1. CALL TO ORDER
Chair Gutilla called the meeting to order at 6:30
P.M. on Wednesday, February 15, 202 3. She
announced that tonight's meeting was being held in accordance with the Brown Act as currently in effect under AB 361, which allowed members of the Planning Commission, City staff, and the public to participate and conduct the meeting by tele conference. She stated anyone wishing to make a public comment, may do so by using the raise your hand tool or submitting their comments using the online public comment form at www.antiochca.gov/community - development-department/planning-division/planning-commission-meetings/. Public comments that were previously submitted by mail or email have been provided to Planning Commissioners.
2. ROLL CALL
Present: Commissioners Schneiderman, Martin, Motts, Hills, Lutz, Vice Chair Riley and Chair Gutilla
Staff: Director of Community Development, Forrest Ebbs
Planning Manager, Anne Hersch
Senior Planner, Zoe Merideth
Senior Planner, Kevin Scudero
Minutes Clerk, Kitty Eiden
3. PLEDGE OF ALLEGIANCE
Commissioner Riley led the Pledge of Allegiance.
4. EX-PARTE COMMUNICATIONS - None
5. PUBLIC COMMENT – None
6. CONSENT CALENDAR
6-1.
Planning Commission Meeting Minutes January 4, 2023
ATTACHMENT D
D1
Planning Commission
February 15, 2023 Page 2 of 4
Commissioner Martin, Commissioner Motts and Commissioner Lutz announced that they would be abstaining from the motion to approve the minutes due to their absence at the January 4, 2023, Planning Commission meeting.
On motion by Commissioner Schneiderman, seconded by Vice Chair Riley, the Planning Commission approved the Minutes of January 4, 2023. The motion carried the following vote:
AYES: Schneiderman, Hills, Riley, Gutilla
NOES: None
ABSTAIN: Martin, Motts, Lutz
ABSENT: None
7. PUBLIC HEARING
7-1. PDP-22-01 Laurel Ranch Gas Station (SW Corner of Laurel Rd. & Country Hills Drive/APN: 053-060-064) - The applicant is requesting a Preliminary Development Plan review for a proposed gas station with an automatic carwash and convenience store. The subject site is a vacant 1.35- acre parcel. The proposal includes site improvements and landscaping. The objective of this review is to provide feedback about any potential concerns or issues prior to the submittal of entitlements. If a formal application is filed, project entitlements would include Environmental Review, Planned Development Rezone, Final Development Plan, Use Permit, and Design Review. This is a preliminary submittal only.
7-2 UP-22-18, AR-22-16 Delta Bowl Billboard 3300 Delta Fair Boulevard- The applicant is seeking a Use Permit and Design Review approval for the construction of a new digital billboard and associated site improvements at 3300 Delta Fair Boulevard. The subject site is a 3.34- acre parcel developed with a bowling alley and parking lot. The project scope includes the construction of a new 70 ft. tall 14ft. x 48ft. (672 sq. ft.) double sided digital billboard mounted on a 3 ft. diameter support column.
7-3. UP -22-17 Somersville Plaza Liquor Store 2651 Somersville Rd, Suite D - The applicant is seeking Use Permit approval for the operation of a new liquor store with a Type 21-Off- Sale General license from Alcoholic Beverage Control (ABC). The subject site is a 2.02- acre parcel developed with a commercial center and parking lot. The liquor store is proposed to sell beer, wine, liquor, drinks, snacks, and similar items. The applicant is proposing to operate from 7am to 12am, 7 days a week. Four (4) employees will work at the store.
7-4. UP-22-14, AR-22-14 Delta Courtyard Apartments 810 Wilbur Ave.
7-5. Appeal of Street Tree Permit at 411 W. 5th St.- The appellant has filed an appeal of the Tree Committee’s decision approving a street tree removal permit request to remove two (2) London Plane trees at 411 W. 5
th St. The appeal cites aesthetic
concerns, violation of existing tree policy, and states that the removal is unnecessary and a detriment to the quality of life in the downtown neighborhood.
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Commissioners Motts and Martin recused themselves from this item and turned off their video/audio.
Director of Community Development Ebbs presented the staff report dated February 15, 2023, recommending the Planning Commission adopt the Resolution approving removal of both street trees based on Planning Commission direction from October 5, 2022.
Joy Motts read a written statement pertaining to this agenda item and requested the Planning Commission reverse their decision approving the removal of the London Plane Landmark Trees on publicly owned land in front of 411 W. 5th Street.
Diane Gibson Gray expressed concern regarding the risk of someone getting hurt from branches breaking off the existing street trees due to heartrot decay. She commented that the City did not have a street tree policy that was consistent and equitable. She requested addressing this issue by removing and replacing the existing trees . With regards to a suggestion that she pay for the pruning of the trees next door, she requested the Planning Commission not require her to pay for that work.
Chair Gutilla opened the public comment period.
Sheri Thompson reported the previous owner maintained the trees which had helped eliminate the loss of tree limbs and part of the problem was that the trees were no longer regularly maintained. She commented that power lines were located on the opposite side of the street.
She reported approximately 2 years ago, the sewer lines at this address were cleaned out and no r oots were found in the sewer system . She expressed disappoint ment that the original decision was overturned at a meeting when Ms. Motts was not in attendance as she was participating in a debate. She suggested a fine be imposed for illegally cutting the trees down.
Planning Manager Hersch displayed a comment received online for review.
Chair Gutilla closed the public comment period.
Commissioner Schneiderman stated they had had an extensive discussion regarding this item in October and she was not inclined to change her vote. She stated she believed staff had presented compelling evidence to support the removal of the trees. She noted her parents had had experience regarding the removal of several trees in their neighborhood.
Commissioner Lutz stated that this would set precedent and his position had not changed. He noted regardless of what was decided this evening, the City needed to create a tree policy that could be applied consistently.
Commissioner Hills stated her position was the same because of the poor condition of these street trees. She asked if there was clarity on what a tree policy would look like and how it would be applied.
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that the Council would typically initiate. He noted at some point there would be General Plan and Z oning Ordinance updates where this item would be addressed. He explained the tree committee’s decision in this case was based on potential for damage. He co mmented that London Plane Trees were beautiful; however, they were not designed for three-foot planter strips next to a sidewalk because they had aggressive roots and required a lot of water. He noted he would be surprised if there were any issues with the replacement trees.
Chair Gutilla reported that several Commissioners had agreed in the past that this matter did not seem like something that should be coming before the Planning Commission. She questioned how the City w ould be addressing the Planning Commission not mediating disputes bet ween neighbors about tree policy.
Director of Community Development Ebbs stated this was a unique circumstance and he did not see it as a pattern. He noted as a Planning Commission some of their duties were to arbitrate some disagreements whether about gas stations or street trees.
RESOLUTION NO. 2023-10
On motion by Commissioner Schneiderman, seconded by Commissioner Hills , the Planning Commission adopted the Resolution denying the appeal and approving removal of both street trees based on Planning Commission direction from October 5, 2022. The motion carried the following vote:
AYES: Schneiderman, Hills, Riley, Gutilla
NOES: Lutz
ABSTAIN: None
ABSENT: None
Commissioners Martin and Motts returned to the meeting.
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CITY OF ANTIOCH
PLANNING COMMISSION
Regular Meeting October 5, 2022 6:30 p.m. Meeting Conducted Remotely
The City of Antioch, in response to the Executive Order of the Governor and the Order of the Health Officer of Contra Costa County concerning the Novel Coronavirus Disease (COVID-19), held Planning Commission meetings live stream (at https://www.antiochca.gov/community-development-department/planning- division/planning-commission-meetings/.). The Planning Commission meeting was conducted utilizing Zoom Audio/Video Technology.
1. CALL TO ORDER
Chair Gutilla called the meeting to order at 6:30 P.M. on Wednesday, October 5, 2022.
She announced that tonight's meeting was being held in accordance with the Brown Act as currently in effect under AB 361, which allowed members of the Planning Commission, City staff, and the public to participate and conduct the meeting by teleconference. She stated anyone wishing to make a public comment, may do so by using the raise your hand tool or submitting their comments using the online public comment form at www.antiochca.gov/community-development-department/planning-division/planning- commission-meetings/. Public comments that were previously submitted by mail or email have been provided to Planning Commissioners.
2. ROLL CALL
Present: Commissioners Schneiderman, Martin, Motts, Hills, Lutz, Vice Chair Riley and Chair Gutilla
Staff: Director of Public Works/City Engineer Samuelson Planning Manager, Anne Hersch
Senior Planner, Kevin Scudero
Community Development Technician, Hilary Brown
Minutes Clerk, Kitty Eiden
3. PLEDGE OF ALLEGIANCE
Chair Gutilla led the Pledge of Allegiance.
4. EX-PARTE COMMUNICATIONS - None
5. PUBLIC COMMENT – None
6. CONSENT CALENDAR
ATTACHMENT E
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Commissioner Martin requested items 6-1 and 6-2 be pulled from the Consent Calendar for separate action. He stated he would abstain from item 6 -1 as he was absent for the August 17, 2022, meeting.
6-1. Planning Commission Meeting Minutes August 17, 2022
On motion by Commissioner Hills, seconded by Commissioner Schneiderman, the Planning Commission members present unanimously approved the Minutes of August 17, 2022. The motion carried the following vote:
AYES: Schneiderman, Motts, Hills, Lutz, Gutilla
NOES: None
ABSTAIN: Martin, Riley
ABSENT: None
6-2. **Contd. from September 7, 2022** Appeal of Tree Committee Approval Granting a Street Tree Removal Permit at 411 W. 5 th St.- The appellant has filed an appeal of the Tree Committee’s decision approving a street tree removal permit request to remove two (2) London Plane trees at 411 W. 5th St. The appeal cites aesthetic concerns, violation of existing tree policy, and the removal is unnecessary and a detriment to the quality of life in the downtown neighborhood.
Planning Manager Hersch presented a summary of the staff report dated October 5, 2022.
Commissioners Martin and Motts recused themselves from this agenda item and turned off their video and audio.
Diane Gibson Gray explained that her request for the removal of the trees was related to safety only. She noted as the property owner, she was responsible for property and civil damages that would likely occur. She gave a history of the property and discussed the sidewalk hazards created by the trees. She reported there were empty concrete planters and new trees planted throughout the neighborhood. She stated if the decision of the Planning Commission was to have the second tree remain, she wanted to go on record that per the arborist report, there were current and foreseeable safety concerns, and she was prevented from taking corrective action to mitigate the issues ; therefore , liability should shift to the City or appellant.
In response to Commissioner Schneiderman, Planning Manager Hersch explained the action this evening related to authorizing the removal of the trimmed tree and maintaining the existing intact tree.
Vice Chair Riley stated he had proposed the original motion to approve the removal of Tree B and deny the removal of Tree A; however, after reading the comment letter submitted by Ms. Gi bson-Gray he was reconsidering her application for the removal of both trees due to evidence showing significant damages and safety concerns.
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Commissioner Schneiderman stated trees causing uneven sidewalks was a public safety concern. She questioned if the exorbitant costs of keeping the trees was fair to the homeowner. She commented that the area was too narrow for large trees. She believed City staff should be responsible for deciding public safety issues not the Planning Commission.
Commissioner Lutz sympathized with the applicant but felt if the tree was not protected then anyone could remove landmark trees that caused sidewalk or sewer line issues. He noted it was the homeowner’s responsibility to maintain the sidewalk and trees. He further noted if the applicant purchased the property in 2014, she had to be aware of the issue .
He felt the decision to keep one tree and remove the other was a fair compromise.
Commissioner Hills stated she agreed with Vice Chair Riley and questioned who would be liable if someone tripped on the sidewalk and harmed themselves.
Director of Public Works/City Engineer Samuelson responded the property owner was responsible for maintenance of the sidewalk and would be legally responsible if someone tripped and harmed themselves. He reported the City split the cost for sidewalk repairs at this location with the property owner.
Chair Gutilla stated if branches fell from the tree, they could cause significant damage and noted the trees proximity to the water meter was also concerning . She commented that the goal of tree preservation was to make it difficult for homeowners to remove them because there was value in maintaining them. She noted it should have been obvious when the home was purchased that the re were ongoing issues with the tree and the homeowner became aware of the severity of those damages once they owned the home.
She commented that given the additional information and supporting photograph s she felt it was reasonable to remove both trees and replace them with more appropriately sized and less root demanding trees.
In response to Vice Chair Riley, Planning Manager Hersch stated if the direction of the Planning Commission was to support the removal of both trees , they could stipulate the street trees be replaced with appropriate tree plantings from the approved street tree list.
She added that this item could be continued to October 19, 2022, and staff could provide findings that reflected the direction to allow for the removal of both trees. She stated she would provide the Commission with the approved street tree list.
Following discussion, consensus of the Planning Commi ssion supported removing both trees and replacing them with plantings from the street tree list.
Commissioner Lutz stated his position remained unchanged and he was in support of removing one tree and keeping the other.
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Vice Chair Riley stated for the record that it was unfortunate that Tree B was removed because had the proper path been taken, he believed Tree A could have been removed because it was responsible for causing the damage to the water lines and Tree B, being more distant, could have been saved.
On motion by Commissioner Schneiderman, seconded by Commissioner Hills, the Planning Commission continued Consent Calendar Item 6 -2 to October 19, 2022, and directed staff to provide findings to support removal of both trees. With the addition of a condition that required the replacement of street trees with trees from the City’s approved street tree list. The motion carried the following vote:
AYES: Schneiderman, Hills, Riley, Gutilla
NOES: Lutz
ABSTAIN: None
ABSENT: None
Commissioner Martin and Motts returned to the meeting prior to Public Hearing Item 7-1.
7. PUBLIC HEARING
7-1. PD-22-03, UP-22-08, AR-22-07: Travis Credit Union at 3500 Hillcrest - The applicant is seeking Planned Development Rezone, Final Development Plan, Use Permit and Design Review approval for the construction of a new Travis Credit Union and associated site improvements at 3500 Hillcrest Avenue. The subject site is a 1.48-acre vacant parcel. The project scope includes the construction of new 3,525 square foot bank building with a drive-up ATM. Site improvements include the construction of a new parking lot, site lighting, landscaping and stormwater detention basins. The site will have twenty -seven (27) off -street parking spaces. Operating hours are proposed to be 10 am-5:30 pm, Monday - Friday, 10 am – 2 pm on Saturday and closed on Sundays. There will be a total of 11 full-time employees on a typical shift.
Senior Planner Scud ero presented the staff report recommending the Planning Commission adopt the Resolution recommending City Council approve the entitlements request for Travis Credit Union subject to the findings and Conditions of Approval.
Jason Patty thanked the Planning Commission for reviewing the project. He noted they had started incorporating the comments from the conditions of approval into their plans.
He stated that they looked forward to building in Antioch.
Chair Gutilla opened and closed the public hearing with no speakers requesting to speak.
In response to Commissioner Martin, Mr. Patty confirmed that this project would replace an existing location.
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In response to Commissioner Martin, Senior Planner Scudero confirmed that there were two monument signs and project specific condition #25 could be deleted as it did not apply to this project. He explained the retaining wall would be approved by the Zoning Administrator.
Mr. Patty confirmed that the road to the west of this location had access to the property.
Tony Perfetto added that there were CC&Rs for the neighboring property that allowed for cross access from the road, and they planned to record a reciprocal access easement for the property to the east.
Commissioner Martin stated he liked the design of the project
Chair Gutilla stated she was pleased that the sidewalks would be widened on Hillcrest Avenue. She questioned if Antioch had a reclaimed water condition of approval.
Director of Public Works/City Engineer Samuelson stated that he did not believe reclaimed water was available in this area.
In response to Chair Gutilla, Mr. Patty explained the drive through canopy would cover the drive for access to an ATM outside the building. He noted no enhanced drive-up services would be available.
In response to Commissioner Martin’s earlier question, Mr. Patty explained the wall would be a keystone retaining wall in line with the surrounding area.
Chair Gutilla commented dwarf fountain grass was on a potentially invasive list for the state and recommended it be replaced with Pink Muhly or Oriental Fountain Grass.
Commissioner Motts spoke in support of the project.
Vice Chair Riley welcomed the new Travis Credit Union location to Antioch and stated it was a great project.
RESOLUTION NO. 2022-25
On motion by Commissioner Martin, seconded by Commi ssioner Schneiderman, the Planning Commission unanimously adopted the Resolution recommending to the City Council approv al of an Ordinance to Rezone to Planned Development District for the Travis Credit Union Project Located at 3500 Hillcrest Avenue (PD- 22-03) (APN: 052-370-010). The motion carried the following vote:
AYES: Schneiderman, Martin, Motts, Hills, Lutz, Riley, Gutilla NOES: None
ABSTAIN: None
ABSENT: None
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Speaking to the following motion: Senior Planner Scudero stated with a clarification that there would be access to the west of this project, no conditions of approval needed to be added regarding that item.
RESOLUTION NO. 2022-26
On motion by Commissioner Martin, seconded by Commissioner Motts, the Planning Commission unanimously adopted the Resolution recommending City Council approve a Final Development Plan, Use Permit, and Design Review for the Travis Credit Union Project located at 3500 Hillcrest Avenue subject to the Findings and Conditions of Approval (PD-22-03) (UP-22-08) (AR -22-07) (APN:052 -370-010) with the following revisions:
➢ Eliminate project specific condition #25
➢ The applicant shall e liminate dwarf fountain grass and replace it with Pink Muhly or Oriental Fountain Grass.
The motion carried the following vote:
AYES: Schneiderman, Martin, Motts, Hills, Lutz, Riley, Gutilla NOES: None
ABSTAIN: None
ABSENT: None
Chair Gutilla congratulated the applicant and thanked them for investing in Antioch.
The applicants thanked the Planning Commission for their approval.
Commissioner Martin thanked the applicant for bringing a new project to Antioch.
7-2 Z-22-05: Buchanan Crossings Parcel 7 Rezone, Buchanan Road - The City of Antioch is proposing to rezone Parcel 7 of the Buchanan Crossings project to include the Commercial Infill Housing (CIH) Overlay Zoning District. The CIH Overlay District will allow residential development on the subject site. The adjacent parcel was rezoned to include the CIH Overlay District on April 26, 2022 (Ord. No. 2210-C-S).
Planning Manager Hersch presented the staff report recommending the Planning Commission adopt the Resolution recommending City Council approve the rezone request for Buchanan Crossings Parcel 7.
Commissioner Motts reported the State just passed two bills regarding the conversion of unused and vacant commercial property into infill housing. He questioned if this item was related to that action.
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Planning Manager Hersch explained that this item was directly related to the effort the City undertook using SB2 funds. She noted she was familiar with the new State laws and one of the key requirements was prevailing wage and the City did not have that requirement locally.
Commissioner Martin questioned if adding this property change d the analysis given for Bucannon Crossings.
Planning Manager Hersch explained that this site was not a housing element opportunity site. She noted all the CIH zoned parcels still retained underlying commercial zoning with flexibility to be redeveloped for residential uses, so they were not counted in the housing element. She further noted this was proceeding independent of the element update.
Vice Chair Riley questioned if any developers were looking at this parcel.
Planning Manager Hersch commented that she spoke to a developer in June who was interested in potentially pursuing a project; however, it was not financially viable because of this exclusion. She noted there was also another developer who may pursue development once this rezone was approved.
Chair Gutilla opened the public comment period.
Andrew Becker stated he felt infill parcels for housing was a great opportunity to bring mixed use; however, his concern was that staff had moved quickly and encouraged developers without addressing inclusionary zoning, in lieu or linkage fees to address the City’s low-income affordable housing needs.
Chair Gutilla closed the public comment period.
Commissioner Motts agreed with Mr. Becker’s comments. He noted there may be a need for commercial development in this area so the City could capture sales tax dollars.
RESOLUTION NO. 2022-27
On motion by Commissioner Martin, seconded by Vice Chair Riley, the Planning Commission unanimously adopted the Resolution recommending City Council approve the Ordinance to rezone Parcel 7 of Buchanan Crossings to include the Commercial Infill Housing (CIH) Overlay District (APN: 074 -480-007) (Z-22-05). The motion carried the following vote:
AYES: Schneiderman, Martin, Motts, Hills, Lutz, Riley, Gutilla NOES: None
ABSTAIN: None
ABSENT: None
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7-3. Z-22-06: Lakeview Center Parcel 5 Rezone, Lone Tree Way and Golf Course Road - The City of Antioch is proposing to rezone Parcel 5 of the Lakeview Center project to include the Commercial Infill Housing (CIH) Overlay District to the subject site. The CIH Overlay District allows residential development to occur on the parcel. Three vacant parcels in the development were rezoned to include the CIH Overlay District on April 26, 2022 (Ord. No. 2210-C-S).
Planning Manager Hersch presented the staff report recommending the Planning Commission adopt the Resolution recommending City Counc il approve the rezone request for Lakeview Center Parcel 5.
Chair Gutilla opened and closed the public hearing with no speakers requesting to speak.
Commissioner Martin commented that he hoped developing housing was not eliminating retail projects that supported the City.
RESOLUTION NO. 2022-28
On motion by Commissioner Martin, seconded by Commissioner Motts , the Planning Commission unanimously adopted the Resolution recommending City Council approve the Ordinance to rezone Parcel 5 of Lakeview Center to include the Commercial Infill Housing (CIH) Overlay District (Z-22-06). The motion carried the following vote:
AYES: Schneiderman, Martin, Motts, Hills, Lutz, Riley, Gutilla NOES: None
ABSTAIN: None
ABSENT: None
8. ORAL/WRITTEN COMMUNICATIONS
Planning Manager Hersch reminded Commission ers to complete Ethics Training. She thanked Commissioner Martin and Chair Gutilla for completing training. She reported she attended the State Planning Conference and presented on Commercial Infill Housing.
Commissioner Martin questioned if there were any plans from the City to update the Ordinance dealing with Tree Preservation and Regulations , including the appeals process.
Planning Manager Hersch responded that there had been no formal direction to do so; however, it could be brought forward in the future to determine which process would work best to address the removal of street trees
Commissioner Martin recommended staff begin looking into this matter because he felt ill at ease that the Planning Commission was policing this process.
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Commissioner Martin questioned if there had been discussions with regards to adding regulations for inclusionary housing . He commented that he had visited the East 18th Street property which was a great project and noted that he would like to see more of those types of projects; however, he would have liked the project to have included solar.
He requested staff start looking at more of these types of developments to help the City meet State requirements.
Commissioner Hills reported she had not received the zoom link for this and the last Planning Commission meetings.
Chair Gutilla reported she also did not receive the zoom links; however, she realized that a past link could be used to log into the meeting.
Planning Manager Hersch confirmed that the meetings were held as recurring webinars, so the link remained the same.
Commissioner Hills and Chair Gutilla reported they had not received any information regarding the Planning Commission Training Seminar that would be occurring October 21, 2022.
Planning Manager Hersch responded that she would reach out to get more informa tion for Commissioners.
Commissioner Lutz stated he planned to sign up and attend the seminar.
In response to Chair Gutilla, Planning Manager Hersch stated Commissioners we re welcomed to carpool to the event.
Commissioner Motts stated he was in support of staff addressing inclusionary housing and all aspects of the tree ordinance as well as a policy for supporting tree planting and preservation of landmark/old growth trees.
Commissioner Lutz agreed and stated he did not feel it was appropriate for the Planning Commission to rule on trees. He suggested staff look at other cities that have effective tree policies.
Commissioner Schneiderman commented that the tree issue should have been a staff function. She reported that sh e frequently walked to the park in the evening near the soccer fields on James Donlon Blvd and players at night were not using the bathroom to relieve themselves. She suggested the City install a portable toilet or build a bathroom by the turf fields.
Director of Public Works/City Engineer Samuelson responded that he would investigate how they could mitigate this problem.
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Commissioner Hills questioned if the Planning Commission could form an A d Hoc Committee to discuss a tree policy.
Planning Manager Hersch stated staff could agendize this item for future discussion and determine if more conversation was warranted. She stated she understood the Planning Commissioner’s concerns.
Chair Gutilla stated she looked forward to a future agenda item regarding a tree policy.
9. COMMITTEE REPORTS -
Commissioner Motts reported that the TRANSPLAN meeting had been cancelled.
10. NEXT MEETING: October 19, 2022
Chair Gutilla announced the next Planning Commission meeting would be held on October 19, 2022.
11. ADJOURNMENT
On motion by Commissioner Lutz, seconded by Commissioner M artin, the Planning Commission members present unanimously adjourned the meeting at 8:01 P.M. The motion carried the following vote:
AYES: Schneiderman, Martin, Motts, Hills, Lutz, Riley, Gutilla NOES: None
ABSTAIN: None
ABSENT: None
Respectfully submitted:
KITTY EIDEN, Minutes Clerk
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CITY OF ANTIOCH
PLANNING COMMISSION
Regular Meeting September 7, 2022 6:30 p.m. Meeting Conducted Remotely
The City of Antioch, in response to the Executive Order of the Governor and the Order of the Health Officer of Contra Costa County concerning the Novel Coronavirus Disease (COVID-19), held Planning Commission meetings live stream (at https://www.antiochca.gov/community-development-department/planning- division/planning-commission-meetings/.). The Planning Commission meeting was conducted utilizing Zoom Audio/Video Technology.
1. CALL TO ORDER
Chair Gutilla called the meeting to order at 6:30 P.M. on Wednesday, September 7, 2022.
She announced that tonight's meeting was being held in accordance with the Brown Act as currently in effect under AB 361, which allowed members of the Planning Commission, City staff, and the public to participate and conduct the meeti ng by teleconference. She stated anyone wishing to make a public comment, may do so by using the raise your hand tool or submitting their comments using the online public comment form at www.antiochca.gov/community-development-department/planning-division/planning- commission-meetings/. Public comments that were previously submitted by mail or email have been provided to Planning Commissioners.
2. ROLL CALL
Present: Commissioners Schneiderman, Martin, Hills, Lutz, Vice Chair Riley and Chair Gutilla
Absent: Commissioner Motts
Staff: Legal Counsel, Ruthann Ziegler
Director of Community Development, Forrest Ebbs
Director of Public Works/City Engineer, John Samuelson
Planning Manager, Anne Hersch
Associate Planner, Jose Cortez
Community Development Technician, Hilary Brown
Minutes Clerk, Kitty Eiden
3. PLEDGE OF ALLEGIANCE
Chair Gutilla led the Pledge of Allegiance.
4. EX-PARTE COMMUNICATIONS - None
5. PUBLIC COMMENT – None
ATTACHMENT F
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6. CONSENT CALENDAR
6-1. Planning Commission Meeting Minutes June 15, 2022
On motion by Commissioner Martin , seconded by Commissioner Lutz , the Planning Commission members present approved the Minutes of June 15, 2022.
The motion carried the following vote:
AYES: Martin, Lutz, Riley, Gutilla
NOES: None
ABSTAIN: Schneiderman, Hills
ABSENT: Motts
7. PUBLIC HEARING
7-1. UP-21-13, AR-21-12 Mahogany Car Wash at 2410 Mahogany Way- The applicant is seeking Use Permit, and Design Review approval for a new automated car was at 2410 Mahogany Way. The subject site is 0.81 acres and partially developed with a parking lot and building pad. The site was previously a restaurant use. The building was demolished in 2019. The project scope includes construction of an automated 3,628 sq. ft. car wash, with development of the p arking lot to include vacuum stalls. The building will be comprised of “Mindful Gray” painted stucco in, “Mindful Gray” color, “sealskin” trim, brick veneer, and a prefab metal roof. Hours of operation are proposed to be 7 AM to 9 PM, 7 days a week. There will be 2 shifts and 2 employees per shift during business hours.
Associate Planner Cortez presented the staff report dated September 7, 2022, recommending the Planning Commission adopt the Resolution approving development of a new carwash at 2410 Mahoga ny Way subject to the findings and Conditions of Approval.
Sean Singh, Co-Owner of Mahogany Carwash, thanked Associate Planner Cortez and the Planning Department for the staff report. He gave a background of his business experience and a brief overview of the express tunnel carwash project. He explained that this project would include pet wash services. He stated they would hire local and employ 2-3 employees per shift, which could increase depending on volume. He explained the business would be eco -friendly. He announced that they would work with CCWD to provide coupons for Antioch residents.
Chair Gutilla opened and closed the public comment period with no speakers requesting to speak.
In response to the Commissioner Schneiderman, Mr. Singh reviewed site security.
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Commissioner Schneiderman stated she believed this carwash would be a good addition to Antioch and wished Mr. Singh good luck with his project.
Commissioner Martin congratulate d Mr. Singh on his presentation. He questioned the cost of the carwash service and asked the applicant to describe the dog wash area.
Mr. Singh stated that he anticipated the cost would be $10.00 - $18.00 depending on the level of carwash service. He displayed the layout and gave a brief description of the dog wash area.
Commissioner Hills spoke in support of the dog wash feature.
In response to Commissioner Hills, Mr. Singh stated that they intended to be the operator for the carwash, and they were in the process of developing a brand image.
Commissioner Lutz stated this business would be a great fit for this area. He questioned if the dog wash would be coin operated and if any other items would be sold on site.
Mr. Singh confirmed that the dog wash would be coin operated and self-contained. He noted employees would be on site if anyone needed assistance with this feature. He clarified that they may sell items in their lobby depending on customer’s needs.
Vice Chair Riley spoke in support of the outdoor commercial dog wash area.
Mr. Singh stated they were willing to add more dog wash stations if needed and explained that different payment methods would be available.
Commissioner Martin stated the addition of this business would improve the area.
In response to Commissioner Martin, Associate Planner Cortez stated the location of the trash container was conditioned by the City’s Engineering Division to address garbage pickup maneuverability on the site
Commissioner Martin stated it looked like it would be more convenient and esthetically pleasing to locate the trash container on the southeast area of the property. He requested the engineering department consider that option.
Associate Planner Cortez added that one of the primary concerns was the location of the bio retention basin.
Planning Manager Hersch stated they met with the Engineering Division who looked closely at this project and their recommendations were based on regulatory compliance.
Commissioner Martin questioned what would occur if Caltrans did not approve the location of the retaining wall.
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Associate Planner Cortez commented that Engineering’s recommendation was to reach out to Caltrans to see what they would allow. He noted the applicant did their due diligence regarding the location of retaining walls.
Planning Manager Hersch stated staff would work the appl icant and Caltrans to find a solution if the retaining wall location was not approved. She noted it would not prevent the project from being built.
Commissioner Martin stated he liked the project and felt it was a good fit for the area.
In response to Chair Gutilla, Mr. Singh stated there would be no access to the property once the business was closed. In terms of the dog wash, if needed they would be willing to invent some other security measures such as a locked gate or on-site security.
RESOLUTION NO. 2022-24
On motion by Commissioner Martin, seconded by Commissioner Schneiderman, the Planning Commission members present unanimously adopt ed the Resolution approving development of a new carwash at 2410 Mahogany Way subject to the findings and Conditions of Approval. The motion carried the following vote:
AYES: Schneiderman, Martin, Hills, Lutz, Riley, Gutilla NOES: None
ABSTAIN: None
ABSENT: Motts
7-2. Appeal of Tree Committee Approval Granting a Street Tree Removal Permit at 411 W. 5th St. - The appellant has filed an appeal of the Tree Committee’s decision approving a street tree removal permit request to remove two (2) London Plane tr ees at 411 W. 5th St. The appeal cites aesthetic concerns, violation of existing tree policy, and the removal is unnecessary and a detriment to the quality of life in the downtown neighborhood.
Commissioner Martin recused himself from Public Hearing 7-2 and turned off his audio and video for the meeting.
Director of Community Development Ebbs presented the staff report dated September 7, 2022, recommending the Planning Commission adopt the Resolution upholding the Tree Committee’s approval to remove two street trees at 411 W. 5th St.
In response to Commissioner Lutz, Director of Community Development Ebbs explained the Board of Administrative Appeals was cited in the Zoning Ordinance as the appellant body; however, another section of that document stated any appeal of Zoning Ordinance items shall go to the Planning Commission. He commented the City Attorney determined that this item needed to go before the Planning Commission since they had authority over F4
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the Zoning Ordinance, and the Board of Administrative Appeals should have never been referenced.
At the request of Diane Gibson -Gray, Applicant , and in consultation with Director of Community Development Ebbs, Chair Gutilla stated the Commission would hear Public Comment first and the Applicant and Appellant comments would follow.
Chair Gutilla opened the public comment period.
Andrew Becker stated he was disheartened to hear how this issue came forward and expressed concern that the applicant and appellant were not focused on more important issues.
Chair Gutilla reminded speakers to direct their comments to the Planning Commission.
Sheri Thompson, Antioch resident, stated she lived in the area and had a similar situation with tree roots raising the sidewalk and entering the sewer system. She noted this issue was part of being a property owner downtown. She reported the tree that was pruned had survived and looked beautiful.
Rick Stadlander stated the trees were healthy and suggested a permanent solution would be to install a modern sewer line. He proposed that neighbors could share in the expense and labor for the new sewer line. He stated he felt property values and the quality of life would be negatively affected with removal of these trees.
Rachel Motts , speaking on behalf of keeping the legacy trees safe on 5 th Street in downtown Antioch, recommended these trees be preserved.
Molly Ayres, Antioch resident, spoke in support of allowing the trees to remain. She reported that after the City stopped the applicant from removing the trees, neighbors received notifications from the City that roots were lifting sidewalks. She requested the City work with the homeowner to allow her to retain the trees and repair the sewer line. If the trees were removed, she suggested they be replaced with fast-growing trees.
Chair Gutilla closed the public comment period.
Diane Gibson-Gray, Applicant, reported the tree roots ha d caused $6000 in sewer line repairs and she also replaced the sidewalk. She explained when she applied for the permit, her sidewalk along with other neighborhood sidewalks in need of repairs were tagged by Code Enforcement. She clarified that the arborist and City provided compelling reasons to remove the trees. She stated that her intention was to remove and replace the trees with city approved trees and repair the sidewalk to prevent future problems.
Joy Motts, Appellant, spoke in support and discussed the benefits of maintaining tree - lined streets in downtown Antioch. She stated the unpermitted attempt to remove these trees was arbitrary, unnecessary and a determinant to the City . She noted the repair of F5
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sidewalks and public infrastructure was the responsibility of the homeowner. She requested the Planning Commission deny this application, protect the landmark trees and allow them to hire their own arborist.
In response to Chair Gutilla, Director of Community Development Ebbs stated that he believed the times allowed for public c omment satisfied the City’s need to allow for rebuttals.
Commissioner Schneiderman commented that the landscape strip was insufficient for a large tree and replacing them with crepe myrtle trees would be appropriate since the existing trees were unhealthy. She expressed concern that raised sidewalks were a public safety concern and agreed with the City’s recommendations.
In response to Commissioner Hills, Director of Community Development Ebbs displayed photographs provided by the appellant of the current condition of trees A and B as well as the arborist report.
In response to Commissioner Lutz, Director of Community Development Ebbs explained that the trees were in the public right of way; however, the City ordinance indicated that the responsibility t o maintain sidewalk , trees, and landscaping fell on the adjacent property owner.
Commissioner Lutz stated this was a complicated issue and difficult decision. He stated he did not understand why this item was before the Planning Commission since it was not a planning issue. He believed this was a City issue since they initially planted the trees. He spoke in support of the formation of a tree committee, the development of a tree policy and hiring of a city arborist. He suggested removing only the tree that was in poor condition.
Chair Gutilla agreed with Commissioner Lutz that the decision was complicated and may set precedent. She stated based on the arborist report, photos, and unpermitted pruning, she supported the removal of tree B. She also supported reversing the decision for tree A since it had several years of life left. She noted the arborist recommendation for pruning may preserve or extend the longevity of that tree. She further noted leaving tree A would have a lesser water demand and provide shade which would help establish the tree B replacement. She suggested staggering replacement of street trees to provide a more cohesive look. She commented that the existing trees were inappropriately sized for their location. She suggested replacing tree B with a more appropriately sized drought tolerant tree. She also felt tree A should be trimmed by a licensed arborist.
Commissioner Hills questioned if there was a current program the City could offer for tree pruning.
Director of Public Works/City Engineer Samuelson explained the City had a cost sharing program for sidewalk repairs; however, it did not apply to trees and the City did not provide F6
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recommendations for arborist due to liability issues. He added that power line issues were deferred to PG&E for their recommendations.
Commissioner Hills questioned where the public could go to have their future tree concerns addressed.
Director of Community Development Ebbs refer red them to the planning division who were experts on the city’s tree preservation policies contained within the Zoning Ordinance.
Director of Public Works/City Engineer Samuelson reported staff received several requests for tree removals and permits were not uncommon . He noted that typically public works did the evaluations; however, in certain cases they hired an arborist. He explained that this item was before the Commission because the decision was appealed.
In response to Commissioner Schneiderman, Director of Community Development Ebbs clarified that staff did not require people to trim their trees.
In response to Chair Gutilla, Director of Public Works/City Engineer Samuelson stated because of the narrow nature of the area, there were a couple of options for replacement trees. He noted Public Works staff could work with residents to determine an appropriate replacement.
Following discussion, Director of Community Development Ebbs stated if the Planning Commission majority wanted to keep one tree and allow removal of the other, they could provide that direction to staff and they would return at the next Planning Commission meeting with a formal resolution that reflected that direction.
In response to Vice Chair Riley, Director of Public Works/City Engineer Samuelson confirmed they have had problems with the sewer lateral being clogged from the roots of this tree.
Commissioners Lutz and Hills stated they supported the removal of tree B and retaining tree A.
Commissioner Schneiderman stated she supported staff’s recommendation for removal of both trees.
Vice Chair Riley supported the removal of tree B and retaining and possibly pruning tree A. He sympathized with the homeowner regarding the impact to the sewer and water lines.
Outside Legal Counsel Ziegler suggested with a majority of the Commission in support of removing tree B and retaining tree A, the motion could be to direct staff to bring back a resolution granting the appeal in part a nd denying the appeal in part . As a result, they F7
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would be granting the appeal as to tree A and denying the appeal as to tree B, and staff would bring back findings to support a resolution.
Planning Manager Hersch also recommended the item be continued to October 5, 2022.
On motion by Vice Chair Riley, seconded by Commissioner Lutz , the Planning Commission directed staff to bring back a resolution, granting the appeal in part and denying the appeal in part, granting the appeal for street tree A and denying the appeal for street tree B, with the findings to support a resolution and continued to October 5, 2022. The motion carried the following vote:
AYES: Hills, Lutz, Riley, Gutilla
NOES: Schneiderman
ABSTAIN: None
ABSENT: Motts
Commissioner Martin returned to the meeting.
8. ORAL/WRITTEN COMMUNICATIONS
8-1. Planning Commissioner Meeting Canceled September 21, 2022
Planning Manager Hersch announced the September 21, 2022, Planning Commission meeting was canceled. She reported that she had emailed all Planning Commissioners information on ethics training, and she encouraged Commissioners to complete it when they had time available. She noted best practice was to complete it every two years.
9. COMMITTEE REPORTS - None
10. NEXT MEETING: October 5, 2022
Chair Gutilla announced the next Planning Commission meeting would be held on October 5, 2022.
11. ADJOURNMENT
On motion by Commissioner Schneiderman, seconded by Commissioner Hills, the Planning Commission members present unanimously adjourned the meeting at 8:06 P.M. The motion carried the following vote:
AYES: Schneiderman, Martin, Hills, Lutz, Riley, Gutilla NOES: None
ABSTAIN: None
ABSENT: Motts
Respectfully submitted:
KITTY EIDEN, Minutes Clerk
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ATTACHMENT G
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Phone: (925) 779-7011 200 H Street
Fax: (925) 779-7003 Antioch, CA. 94509
Antiochca.gov AntiochIsOpportunity.com
April 1, 2022
Diane Gi
bson-Gray
411 W. Fifth St
Antioch, CA 94509
Dear Ms
. Gibson-Gray:
Your permit request submitted on February 23, 2022, to remove two london plane (sycamore) trees in the City of Antioch right of way , in front of 411 W. Fifth St., has been approved subject to the following c
onditions:
1. Trees must be removed below ground level.
2. Two new suitable trees for the parking strip area s hall be planted. City must approve tree
selection prior to planting.
3. All future maintenance of the trees shall be the sole responsibility of the homeowner.
Secti
on 1-4.01 of the City of Antioch Municipal Code (AMC) allows “any person excepting to any administrative decision made by any official of the city…. may appeal in writing to the Board of Administrative Appeals…” Section 1-4.02 of the AMC states, “Appeals are required to be filled within 10 calendar days after the action appealed from has been taken.” As such, removal of the trees may not occur until after April 12th if no appeal has been received by the City.
If you
have further concerns or questions, please contact me at [email protected].
Respect
fully,
John Sam
uelson
Public Works Director/City Engineer
ATTACHMENT H
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Assessing Two London plane Trees at 411 West 5th Street in Antioch, CA
Tony Wayne Wolcott Consulting, Walnut Creek, CA
March 7, 2022
To; Carlos Zepeda
[email protected]
Re: Two London plane street trees at 411 West 5th Street
Introduction
On March 3, 2022, I received a call from Patrick Stewart of Stewart Tree Service. Mr.
Stewart asked me to assess the tree health of a London plane tree; the plane tree was a street tree in the Antioch public right-of-way abutting 411 West 5 th Street. Carlos Zepeda,
Deputy Director of Public Works for Antioch, requested the report through Patrick Stewart. The report expanded to two London plane trees (Platanus X hispanica) at the time of my inspection. My assignment was to inspect the two trees, take pertinent measurements, photograph the trees and the surrounding site, and give my opinions on the trees’ condition. I included tree risk factors and concluded with mitigation measures, including removal.
I took all the photos for this report at my inspection on Friday, March 4, 2022. I am not aware of the tree maintenance history on these two trees. This arborist report is for the use of Carlos Zepeda and the City of Antioch. The purpose of the report is to give an accurate tree assessment of the two trees.
ATTACHMENT I
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Photo #1 The view of both trees is presented, looking west along 5th street. The closest tree is Tree A, the easternmost tree, and the second tree, Tree B, is to the west.
Observations
The site surrounding the two plane trees tells a story. The concrete sidewalk lifts and falls in several places. Different concrete colors reveal several previous repairs. The artificial lawn and raised brick retaining wall offer little root space and no water. Wires run through Tree A’s canopy. It appears that wires ran through Tree B’s canopy. There is ivy growth in both tree basins. The 411 driveway shows cracking as well as lifting. Both tree trunks are up against the sidewalk, with Tree B’s trunk growing over the sidewalk. Other trees on the 411 West Fifth Street block include a few Quercus suber (cork oak) of impressive size. The block features small tree basins with London plane trees and various utilities in the basins.
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Tree A Observations
1. Species: Platanus X hispanica London Plane Tree
2. Diameter at 4.5 feet above grade: 20.5 inches
3. Height: 45 feet
4. Canopy spread: 34 feet and balanced
Photo #2 The Tree A view reveals a single trunk with a full canopy of branches.
Over the years, regular maintenance has included pruning. The canopy reveals some reduction cuts at various points. The tree responded with multiple branch growth. Some small (less than two inch-diameter) branches have died and hung up in the canopy.
Electrical wires run through the tree’s crown. There is some evidence of heartrot decay in the branches, with a trunk sounding somewhat hollow but typical of London plane trees.
The tree basin is seven feet long by three feet wide, with the ivy clump on the western side of the trunk. The water meter is in the tree basin one foot from the tree’s trunk. A sewer line runs from the house to the street through the driveway. However, the sewer line is two feet from the tree basin and three feet nine inches from Tree A’s trunk. This tree’s root system most likely causes sidewalk and driveway damage.
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Photos # 4 and #5 The Tree A decay into the heartwood is evident in the left photo.
The photo on the right shows the water meter location with the concrete and the tree trunk.
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Tree B Observations
1. Species: Platanus X hispanica London Plane Tree
2. Diameter at 4.5 feet above grade: 16 inches
3. Height: Canopy was removed.
4. Canopy spread: Before the cutting, the spread was more expansive than Tree A
Photo #6 This photo from a Google search shows Tree B behind the white vehicle.
The photo is dated April 2019.
The removal of Tree B’s canopy happened a few weeks ago. The above photo gives us some idea of what Tree B might have looked like without removing the branches. The branch structure is comparable to Tree A’s structure. The foliage is weak, with dead branch ends. This appearance indicates root problems; the roots cannot provide water and nutrients throughout the tree’s crown.
The tree basin is nine feet by three feet, with the sewer cap two feet six inches to the tree.
Some decay is evident in the stems; the trunk sounds hollow, similar to Tree A.
Discussion
In looking at Tree Condition, there are three factors—Health, Structure, and Form.
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I put Health and Structure above Form in importance. The breakdown is 40% Health, 40% Structure, and 20% Form.
The Tree Condition of Tree A is Fair.
Tree A’s Health is Poor. There is decay from split-off branches, which runs unchecked up and down the tree. The lack of appropriate soil volume harms the roots.
The tree structure is Fair, with a balanced canopy and growth response to pruning— however, the apparent decay and dead branches are a structural concern. I rate the Form as Good with a distinct look for a London plane street tree.
The Tree Condition of Tree B is Poor.
Tree B’s Health is poor, with a lack of foliar vigor and decay evident in some branches.
The problem with the roots may be a lack of soil volume or stress-related. The drought and lack of supplemental water are contributing abiotic factors. The Tree Structure is fair with some overextended branches and weak attachments. The wood sounds hollow but typical of the species. The vascular system of Tree B is still functioning, and the wood with the decay is still structurally sound. Tree B’s Form is Poor; the branches are overextended, and the canopy is unbalanced with more dead branches on the left side.
These two trees reveal some shortcomings to the initial planning of this area. The size of the planting strip is too small to accommodate a medium-size tree, let alone a London plane tree or cork oak. With concrete poured into the planting strip, the resulting tree basins are less likely to support a street tree for any significant time. The placement of utilities in the tree basins adds to the crowding.
Tree A has grown a full canopy, and Tree B has a decent branch structure with some green foliage. This picture says more about the London plane tree than the conditions for growth. This tree perseveres through heavy pruning, even to significant root pruning.
However, decay often catches up to this tree in the long run.
Conclusions
There are several options to look at in this 411 West Fifth Street situation. First, in dealing with Tree B, there is no option. This tree requires removal. However, if we look at the tree before the canopy removal, one option would be to reduce the entire canopy down to healthy branches and allow the tree to remain until the tree dies. Once Tree B is gone, a replacement can fill the same spot but choose a smaller maturing tree, better suited for a small basin.
Tree A with a growing canopy offers several options. Here are some scenarios in no particular order.
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• Remove Tree A. Reassess the species' choices for this area. Species diversity is essential, so recommend two or three species. The choices must make sense for such a restricted planting area—small maturing trees, drought-tolerant, and an upright habit.
• Prune Tree A. Reduce the height and side spread by about five feet. Clean out all dead wood and prune for clearance around the wires. Select single branches for retention and eliminate multiple branches from the old heading cuts. Some safety pruning may be necessary for heavily decayed branches.
• Do nothing. I don’t think that this is an option for Tree B. However, the risk of Tree B failing and striking a target is very low. Tree A has some small dead branches, which may or may not come down through the canopy. The risk of any consequences from these branches is very low over the next ten years. However, there is more risk of larger branches breaking off due to heartrot decay. These failures have the potential for hitting wires, vehicles, even pedestrians. The risk rating is still low over the next ten years. The chance of complete tree failure with subsequent significant damage is also very low for the ten years. The risk of tree roots damaging infrastructure is unknown. These impacts may have already happened with subsequent repairs. It seems likely that roots continue to disrupt the utilities and lift concrete sidewalks and driveways.
Sources Used for this Arborist Report:
Costello, Laurence R., Jones, Katherine S., Reducing Infrastructure Damage by Roots, Western Chapter of the International Society of Arboriculture, 2003 Dujesiefkin, Dirk, Liese, Walter, The Codit Principle Implications for Best Practices, Martin One Source, Champaign, Illinois, US, 2015, ISBN: 978-1-881956-91-4 Dunster, Julian A, Smiley, Thomas E., Matheny, Nelda, Lilly, Sharon, Tree Risk Assessment, Manual, Second Edition, International Society of Arboriculture, 2017, ISBN:
978-1-881956-99-0
Gilman, Edward F., Lilly, Sharon J., Best Management Practices, Tree Pruning, International Society of Arboriculture, 2002
Matheny, Nelda P. and Clark, James R., Evaluation of Hazard Trees in Urban Areas, International Society of Arboriculture, 1991
Urban, James, Up by Roots Healthy Soils and Trees in the Built Environment, International Society of Arboriculture, 2008, ISBN: 1-881956-65-2
Submitted by Tony Wayne Wolcott
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Registered Consulting Arborist #685 – American Society of Consulting Arborist
Board Certified Master Arborist – WE 3284B ISA,
Risk Assessment Qualified
Signed:
Tony Wayne Wolcott
959 Cheyenne Drive,
Walnut Creek, CA, 94598
Phone: 510.274.7367
Date: March 8, 2022
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ATTACHMENT J
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1 Public Comment to Planning Commissioners sent via email 10/4/22.
Diane Gibson-Gray, owner, TREE REMOVAL PERMIT request for 411 W. 5th Street First of all, I apologize for the length of this communication. At the September meeting I had had surgery in the morning and I didn’t want to reschedule the meeting as I wanted to resolve the issue and the arborist and city staff both agreed that the trees were not appropriate for the 3 ft. planting area. As such, I was not at my best, and would like to present additional information for consideration before a final decision is made. I am out of town until Friday and while it is my intention to attend the October 5th meeting, via zoom, this correspondence ensures my side of the story is in the record.
BACKGROUND
After purchasing the home in 2014, there has been at least 6 calls for service to clear out the sewer system. Around 2017-18, A plumber cut through the concrete to replace some of the pipe and clear the pipes as best as could be done without cutting out more concrete. The cost was around $5,000.
Service calls were reduced, but there was at least one call per year for the pipes to be cleaned out due to sewer backup.
My intention in February was to cut down the trees, replace sidewalk (lifting due to roots) and plant two new trees. The sidewalk was especially dangerous to the 93 year old who lived there and used a walker. He was concerned about the damage of the branches falling on him and his car. In addition, I was concerned that the roots would eventually cause structural damage to the beautiful brick retaining wall.
Below are the reasons and photos presented to city staff to support the Tree Removal Permit request.
1. The sidewalk areas are impacted by the roots and I'm concerned about potential injury / liability issues.
2. Large holes in the branches are destroying the tree(s) from the inside out. I didn't know about this until the first tree branches were cut.
ATTACHMENT K
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2 3. Large branches from the top are falling and daily twigs (large and small) have been flying down during windy days, creating the possibility of injury / liability. See Photos below.
The tipping point causing me to make the decision to hire a tree removal company was when a branch, the length of the front lawn in the first photo fell off. The thought of any size branch falling on my elderly bonus parents, a child or a car is horrifying. Unfortunately, I didn't think to take a photo before I had the gardener cut it up. I've already had to replace part of the sewer line, part of the driveway and paid for many "rooting" services due to roots in the pipes. I am concerned the water line will be next. In addition, there is a beautiful brick retaining wall around the front and I would be devastated if the roots went under the bricks and caused it to warp/pull apart.
Photos of tree during removal process before work stoppage and brick retaining wall.
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3 TREE REMOVAL PERMIT PROCESS BACKGROUND
The city website https://www.antiochca.gov/fc/public-works/Tree-Removal-Permit-Request.pdf does not refer to https://codelibrary.amlegal.com/codes/antioch/latest/antioch_ca/0-0-0-29020 (Ord. 897- C-S, passed 10-25-94; Am. Ord. 928-C-S, passed 11-26-96).
ARBORIST REPORT
Summary related to requested tree removal with financial considerations in yellow:
Concrete sidewalk lifts and falls in several places. Different concrete colors reveal several previous repairs.
The artificial lawn and raised brick retaining wall offer little root space and no water. The 411 driveway shows cracking as well as lifting.
Both tree trunks are up against the sidewalk, with Tree B’s trunk growing over the sidewalk. The tree basin is seven feet long by three feet wide, with water meter is in the tree basin one foot from the tree’s trunk.
A sewer line runs from the house to the street through the driveway. However, the sewer line is two feet from the tree basin and three feet nine inches from Tree A’s trunk. Photos # 4 and #5 The Tree A decay into the heartwood is evident in the left photo. The photo on the right shows the water meter location with the concrete and the tree trunk.
There is decay from split-off branches, which runs unchecked up and down the tree. The lack of appropriate soil volume harms the roots. The tree structure is Fair, with a balanced canopy and growth response to pruning— however, the apparent decay and dead branches are a structural concern. I rate the Form as Good with a distinct look for a London plane street tree However, there is more risk of larger branches breaking off due to heartrot decay. These failures have the potential for hitting wires, vehicles, even pedestrians. The risk rating is still low over the next ten years. The chance of complete tree failure with subsequent significant damage is also very low for the ten years. The risk of tree roots damaging infrastructure is unknown.
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4 These impacts may have already happened with subsequent repairs. It seems likely that roots continue to disrupt the utilities and lift concrete sidewalks and driveways.
MUNICIPAL CODE
Article 12: Tree Preservation and Regulation has not been followed for at least 20 years. I spoke with various employees with tenure ranging from 2 years to 20 years who were unaware of the code. Part of the regulation is recognizing individuals' property rights and in this case, property rights have not been given enough consideration. Article 12 is not a policy that has been in place and adhered to since 1994; it’s been brought forward to apply to this property only. The rules the neighbors want applied is more of a Home Owners Association (HOA) issue. A reason to act in the interest of the neighbors, who demand a consistent aesthetic appeal, is not in the 1994 ordinance.
In my case, I believe I am being held to a higher standard than any other property owner, because I live on the street occupied by the Motts family and members of the Rivertown Preservation Society, and clearly neighbors who discriminate against property owners who don’t reside in their neighborhood. Three of the five public comments were by Motts / related Motts and two do not live on 5th Street.
Appellant, Joy Motts
Rachel Motts, Joy Motts’s daughter who lives on 6th Street Rick Stradtlander, Joy Motts’s brother-in-law who lives on E Street The purchase of this home was to give my brother who, due to medical reasons, had a short period of life remaining. He complained about the tree and so did my bonus dad, who also had a limited time remaining due to age and the current resident is 87. Both my brother and father died frustrated with the condition of the tree.
Many trees have been removed in the downtown area as shown in the small section of the area by 5th Street. On 5th Street two homes do not have shade trees as shown on the google map below.
Homes that intersect with 5th Street (F and E Streets) do not have shade trees or have had them replaced, probably due to the same reasons I want to replace them.
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5 ENFORCING ARTICLE 12
The Tree Preservation and Regulation, as written today, is not ready for implementation. There is conflicting language, such as the appeal process and noticing process. Notices are to go to adjoining properties, which using a reasonable standard, is to the right and left, and possibly directly across the Street. Those neighbors did not file an objection.
Appealing to the Board of Administrative Appeals is listed, yet the appeal was directed by the city attorney to the planning commission. Appealing a planning commission decision to the city council, in this case is $2,340.00 and nonrefundable. I am unsure what the fee is to appeal Board of Administrative Appeals decision, but surely not a high, non-refundable fee. Planning Commission appeals are typically made by developers and businesses.
In this case, the cost to cut down the tree and pay the penalty is $2,000 penalty based on the size of the tree, rather than go forward with an appeal. I’ve tried to pay the penalty to avoid the neighborhood drama; it can only be paid after the tree is removed. As the last plumbing repair was close to $5,000 it is cheaper in the long run to pay the penalty.
One of the commissioners at the last meeting was concerned the decision may set a precedent. I agree and I request that you don’t use this situation for that precedent and take the opportunity to review the 1994 municipal code and bring it up to date in the near future. If neighbor’s consideration owner occupied status is part of the updated municipal code, as it should be, but it is not spelled out in the current code.
Appellant Joy Motts, who is also running for City Council, District 1, stated in comments, “The decision to buy a property in an older neighborhood, as its owner has done, comes with responsibility to maintain the essential character and standards of the neighborhood. The decision to willfully ignore this and the opinions and desires of their neighbors shows a lack of regard for our community. All of us that reside in the Rivertown District understand this and take our responsibilities seriously. Repair of city sidewalks and public infrastructure is just part of the bargain for us, for residents and for the city if someone does not want to have the expenditures. Their infrastructure and maintenance of an older property then I suggest they don't buy an investment property in an older neighborhood. In Kerry Motts, (signature “Planning Commissioner”) and his bringing up the matter in the April Planning Commission Meeting, suggests that this ordinance will be applied to homes in “the Historic Rivertown/Downtown” neighborhoods, but it needs due process and a public hearing. Homeowners, regardless if they occupy the property, should have an opportunity to comment before the municipal code is updated and evenly and consistently applied.
Not be blindsided with an outdated ordinance as I was in this situation.
PLANNING COMMISSION
From the city’s website, “The Antioch Planning Commission is a seven (7) member advisory body that makes recommendations to the City Council on the physical development of the City. The Commission reviews and makes recommendations on all provisions of the General Plan, land subdivisions, and zoning as specified by the Zoning Code and as set forth in the State Government Code and by the California Environmental Quality Act. Planning Commissioners are appointed by the Mayor to four (4) year terms”.
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6 The role of the Planning Commission is not to “enforce”, it is to plan. . The city attorney’s and city clerk’s decision to move the decision to the Planning Commission, in my opinion is wrong. The Planning Commission is not an enforcement arm of the city. Should the commission be enforcing a 1994 ordinance that blindsides city staff and residents? Does the body take on the role of a Home Owners Association to keep the same look and standards in the Rivertown/Downtown area? Is this situation discriminatory and targets one particular situation in time? The Planning Commission needs to look closely at Article 12 and define the difference between developers and residents and make the appeal process go to the administrative body, not a planning body.
CLOSING
I ask you to allow the continuation of the removal of the trees at 411 W. 5th Street, then bring the municipal code language back to the Planning Commission for an update, public hearing and link it to the Tree Removal Permit, and apply the code with consistency. If the decision of the commission remains the same, and the tree remains standing, there will not be two trees of the same type and size in front of the home, and that could possibly impact the resale value.
Going forward, will the city or neighbors pay for my future plumbing and sidewalk issues which the arborist state is“… likely that roots continue to disrupt the utilities and lift concrete sidewalks and driveways”?
I have emailed public services requesting an invoice for the $2,000 penalty so that I may remove the tree, but the city will not take an advance payment. It is after I cut the tree down which will most likely prove difficult, given the neighbor’s actions in February. Without a receipt showing payment of the $2,000 penalty, will Joy Motts call / threaten to call APD again?
Will the Mayor and City Council District 1 Council Member be called / emailed to stop the tree crew while they are cutting down the tree again? I received a copy of Joy Motts email to Lamar Thorpe and Tamisha Torres Walker a Request for Public Records. Will a car be placed under the tree to stop the process again? Will the 87 year-old resident, who has nothing to do with the decision to remove the tree, have to answer the door to a visibly upset Joy Motts.
Please consider what you would do if you were in my position? Incur costs to replace more sewer pipe and most likely water lines? Or pay a penalty to cut down the tree and place an appropriate tree in the space?
Appellant / city council candidate Joy Motts and Planning Commission Kerry Motts want to apply Article 12 to the Rivertown/Downtown District and as written. Should the planning commission be the enforcement body? The Planning Commission decision at the October 5th meeting has the potential to take away the property rights of current and future residents.
Please consider the impact of your decision today and the Rivertown / downtown community that it will impact in the future.
Thank you for your consideration.
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Public Comment Antioch City Council Meeting
Diane Gibson-Gray/Ken Gray, owners, TREE REMOVAL PERMIT request for 411 W. 5th Street In addition to the communications sent to the Planning Commissioners for the October 4, 2022 and February 15, 2023 meetings, below are my continued reasons for requesting the City Council uphold the Tree Removal Permit and deny the Appeal. Three entities have concurred that the Trees should not remain due to safety and public interest: an Arborist, a city employee Tree Committee and the Planning Commission.
Summary from prior emails in priority
order
1. Arborist statement supports the removal: “However,
there is more risk of larger branches breaking off
due to heartrot decay. These failures have the
potential for hitting wires, vehicles, even
pedestrians. The risk rating is still low over the next ten years. The chance of complete tree failure with
subsequent significant damage is also very low for
the ten years. The risk of tree roots damaging
infrastructure is unknown.”
2. From a liability, expense and safety perspective, it does not make sense, using a reasonable standard,
to not replace the trees, as many residents of Antioch have done. We are seeking to protect ourselves and pedestrians from harm. The thought of continuing to have known risk and continued exposure to litigation if these two trees are protected; trees which may possibly last an addition 10 years, is unfair and apparently only applicable to my property.
3. The recent winter storms and high winds, especially in late December 2022 to current, have resulted in my experiencing many stressful days and sleepless nights. Most recently, a tree in Cupertino killed a woman in a park hiking with her son. Other horror stories involve trees crashing down on roofs and cars. In many other cities, highways and roadways, falling trees/branches caused and continue to cause damage and threats to human life.
4. On the impacted block there were
four objections (O). Residents at
405, 408, 415 and 420 did not file
an objection. Shared property lot
lines are 405 and 415 (S), with 408
(D) the only property directly
across from 411. Two addresses
do not have street trees 415 and
420 (T).
ATTACHMENT L
L1
Page
2 The 1994 Ordinance has not been implemented in the past 20+ years, per public works employees, Planning Director Forrest Ebbs stated at the February meeting, he has not seen it during his tenure of 8 years and a Public Records Request didn’t yield any use of the ordinance. I believe Joy and Kerry Motts had the “inside” knowledge to bring the Municipal Code forward due to their long term roles in the Rivertown Preservation Society, City Council Member (Joy 419 W 5th) and Planning Commissioner (Kerry 421 W. 5th). The Municipal Code is being used as a weapon solely to benefit the 500 Block of 5th Street, their downtown family, and friends.
It is my hope that my experience is used to protect the rights of homeowners when the Tree Removal Municipal Code is brought before the Planning Commission or when the General Plan is reviewed and updated. There is a need for clarity and equity in applicable standards. If a collective group of homeowners wish to have higher standards beyond the municipal code, such as the residents of 5th St and Rivertown District members are advocating for, perhaps establishing a homeowners association would be a solution to address the wants and costs of specific neighborhood desires.
A snap shot of the streets around the 500 block of 5th Street below show the lack of street trees in the area.
In
In closing, I urge the council to deny the appeal in order to keep the street safe from trees which are not in the best interest for many, not the few.
L2
7 Agenda Item #
S
TAFF REPORT TO THE CITY COUNCIL
DAT
E: Regular Meeting of March 14, 2023
T
O: Honorable Mayor and Members of the City Council
S
UBMITTED BY: Scott Buenting, Interim Public Works Director/City Engineer Thomas Lloyd Smith, City Attorney TLS
S
UBJECT: Ordinance Forming a New Engineering Department and Modifying the Public Works and Community Development Departments
RECOMMENDED ACTION
It is recommended that the City Council introduce, read by title only, and waive further reading of the ordinance amending and restating articles 1, 2, and 9 and adding article 10 to chapter 3 title 2 of the Antioch Municipal Code reorganizing the Public Works and Community Development Departments and creating a new Engineering Department.
FISCAL IMPACT
The City currently has a “Director of Public Works/City Engineer”. This ordinance divides the responsibilities of the position into two separate department head positions, which are entitled “Public Works Director” and the “City Engineer ”. Therefore, the salary and benefits associated with the additional department head position will need to be budgeted and allocated. The current FY24 estimate in the draft budget for salary and benefits for this position is $379,642. Additional staffing may also be required for the Engineering Department.
DISCUSSION
The Municipal Code ordinances for Article 1: Community Development and Article 2:
Public Works were enacted on August 13, 1992. Since these ordinances were enacted, the City has experienced significant growth and changes. Staff has proposed updating and revising the ordinance to address the demands related to Public Works, Engineering and Community Development.
A
t the January 13, 2023 City Council meeting, the City Council directed City staff to prepare an ordinance (1) 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”; (2) creating a new Engineering Department and position description for the City Engineer; (3) reorganizing the Community Development Department; and (4) implementing other actions necessary to carry out the reorganization.
Antioch City Council Report
March 14, 2023 Agenda Item #7 2
The creation of an Engineering Department involves transferring certain engineering functions from the Community Development and Public Works Departments to the Engineering Department. The Engineering Department would be led by a City Engineer whose duties would include planning, directing, managing, and overseeing the activities and operations of the Department.
The proposed Engineering Department includes the following divisions , which will b e operated under the supervision of the City Engineer:
• Engineering Services Division: The function of the Engineering Services Division is to provide professional and technical engineering services and support to all city departments related to development engineering in compliance with federal, state and local regulations and laws.
• Water Rights Division: The function of the Water Rights Division is to protect and defend the City’s adjudicated pre-1914 appropriative water rights that include flows from both the San Joaquin and the Sacramento Rivers.
• Traffic Engineering Division: The func tion of the Transportation Division is to review and design for various transportation improvement projects; develop traffic signal timing schedules, oversee maintenanc e of all traffic control devices and conduct engineering studies of traffic and parking conditions. • Land Development Division: The function of the Land Surveying Division is to perform topographic surveys; monitoring surveys, Right -of-Way surveys, and property surveys; to manage and preserve survey monuments; and to prepare legal descriptions of land.
• Land Surveying Division: The function of the Land Surveying Division is to perform topographic surveys; monitoring surveys, Right -of-Way surveys, and prop erty surveys; to manage and preserve survey monuments; and to prepare legal descriptions of land.
• Permitting Division: The function of the Permitting Division is to develop, issue and administer encroachment and transportation permits in compliance with federal, state, and local regulations and laws.
The Public Works Department divisions will be revised to better segment the responsibilities handled by the department. The new divisions will include the following:
• Capital Improvements Division: The function of the Capital Improvements Division is to provide professional and technical engineering services and support to all city departments related to facility expansion and improvements, infrastructure rehabilitation and development in compliance wit h federal, state and local regulations and laws. The Capital Improvements Division shall be operated under the Public Works Director.
• Operations Division: The Operations Division shall have the following functions:
facility repairs, maintenance of streets, alleys and public ways; planning, development, operation and maintenance of park and landscape facilities; Marina maintenance and leasehold; fuel dock operation and sales, RV storage facility oversight; vehicle purchases, fleet maintenance and graphic information services.
The Operations Division shall be operated under the supervision of the Deputy Director of Public Works, subject to the direction of the Public Works Director.
Antioch City Council Report
March 14, 2023 Agenda Item #7 3
• Water Division: The Water Division shall have the following functions: installation, maintenance, and repair of the City’s water distribution system and non- potable water system, cross connection control program, water meter reading program, and warehouse operations; compliance with federal, state and local regulations and laws The Water Division shall be operated under the supervision of the Deputy Director of Public Works, subject to the direction of the Public Works Director. • Water Treatment Division: The Water Treatment Division shall have the following functions: operate, m aintain, improve, construct and monitor all work concerning the City Water Treatment Plant in compliance with federal, state and local regulations and laws. The Water Treatment Division shall be operated under the supervision of the Deputy Director of Publ ic Works, subject to the direction of the Public Works Director.
• Collections System/Nati onal Pollutant Discharge Elimination System (NPDES) Division: The Collections System/NPDES Division have the following functions:
repair wastewater and storm water systems, facilities, and related equipment; comply with the Clean Water Act and federal, state and local regulations and laws for wastewater and point sources that discharge pollutants into waters of the United States. The Collections System/NPDES Division shall be operated under the supervision of the Deputy Director of Public Works, subject to the direction of the Public Works Director.
• Utility Engineering Division: The function of Utility Engineering Division shall be to maintain, improve, construct and monitor all utility related work. The Utility Engineering Division shall be operated under the Public Works Director. • Public Works Inspection Services : The Public Works Inspection Division shall have the following functions: inspect the construction, repair, and/or alteration work on assigned public works; ensure materials, methods, and procedures conform with plans and specifications; enforce and observe testing of construction materials; identify, report, and resolve potential project hazards. The Public Works Inspection Division shall be operated under the Public Works Director.
The Community Development Department will continue to consist of the Building Inspection Services Division, Land Planning Division, and the Code Enforcement Division (formerly the Division of Neighborhood Improvement Services ). The Division of Engineering Services/Land Development will be transferred to the Engineering Department.
The reorganization will reduce the span of responsibility to a more manageable size which will reduc e inefficiencies, complete projects in a timelier manner and improve overall services to the community. When the reorganization is complete, the City will be well prepared to address the challenges into the future.
ATTACHMENTS
A. Ordinance
B. Existing Antioch Municipal Code – Title 2 Chapter 3 Article 1 ( Community Development) and Article 2 (Public Works Departments)
ORDINANCE NO. _________
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING AND RESTATING ARTICLES 1, 2, AND 9 AND ADDING ARTICLE 10 TO CHAPTER 3 OF TITLE 2 OF THE ANTIOCH MUNICIPAL CODE REORGANIZING THE PUBLIC
WORKS DEPARTMENT AND THE COMMUNITY DEVELOPMENT DEPARTMEN T
AND CREATING A NEW ENGINEERING DEPARTMENT
W
HEREAS, City staff have researched and made recommendations to the City Council on the potential reo rganization of the Public Works Department in order to form an Engineering Department led by the City Engineer;
W
HEREAS, at the January 13, 2023 City Council meeting, the City Council directed City staff to prepare an ordinance (1) 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”; (2) creating a new Engineering Department and position description for the City Engineer; (3) reorganizing the Community Development Department; and (4) implementing other actions necessary to carry out the reorganization;
W
HEREAS, the creation of an Engineering Department involves transferring certain engineering functions from the Community Development and Public Works Departments to the Engineering Department;
W
HEREAS, the proposed Engineering Department include s an Engineering Services Division , a Water Rights Division , a Traffic Engineering Division, a Land Development Division, a Land Surveying Division, and a Permitting Division; and W
HEREAS, the Engineering Department would be led by a City Engineer whose duties would include planning, directing, managing, and overseeing the activities and operations of the Department.
T
he City Council of the City of Antioch, California, hereby ordains as follows:
SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.
SECTION 2. The table of contents for Chapter 3 of Title 2 of the Antioch Municipal Code is hereby amended and restated to add Articles 1, 2, 9, and 10 as follows:
ATTACHMENT A
CHAPTER 3: DEPARTMENTS
Section
Article 1: Community Development
§ 2-3.101 Created.
§ 2-3.102 Operation.
§ 2-3.103 Building Inspection Services Division.
§ 2-3.104 [Reserved]
§ 2-3.105 Land Planning Services Division.
§ 2-3.106 Code Enforcement Division (Division of Neighborhood Improvement Services).
§ 2-3.107 Community Development Director (Director of Community Development).
Article 2: Public Works
§ 2-3.201 Created.
§ 2-3.202 Operation.
§ 2-3.203 Capital Improvements Division.
§ 2-3.204 Operations Division.
§ 2-3.205 Water Division.
§ 2-3.206 Water Treatment Division.
§ 2-3.207 Collections System/National Pollutant Discharge Elimination System (NPDES) Division.
§ 2-3.208 Utility Engineering Division.
§ 2-3.209 Public Works Inspection Services.
§ 2-3.210 Public Works Director (Director of Public Works)
Article 9: Engineering Department
§ 2-3.901 Created.
§ 2-3.902 Operation.
§ 2-3.903 Engineering Services Division.
§ 2-3.904 Water Rights Division.
§ 2-3.905 Traffic Engineering Division.
§ 2-3.906 Land Development Division.
§ 2-3.907 Land Surveying Division
§ 2-3.908 Permitting Division.
§ 2-3.909 Keeping records of surveys.
§ 2-3.910 City surveyor.
§ 2-3.911 City Engineer.
Article 9: Promulgation of Rules by Department Heads
§ 2-3.1001 Authorization.
SECTION 3. Articles 1, 2, and 9 of Chapter 3 to Title 2 of the Antioch Municipal Code are hereby amended and restated to read as follows:
ARTICLE 1: COMMUNITY DEVELOPMENT
§ 2-3.101 CREATED.
There is hereby created in the government of the city a Community Development Department (Department of Community Development) which shall consist of the following functions:
(A) Building Inspection Services Division;
(B) Land Planning Division;
(C) Code Enforcement Division.
§ 2-3.102 OPERATION.
The Department of Community Development shall be operated under the authority of the Director of Community Development, subject to the direction of the City Manager.
The Director shall be responsible for managing the divisions specified in this article. § 2-3.103 BUILDING INSPECTION SERVICES DIVISION.
The Building Inspection Services Division shall have the following functions: uniform building codes, permits and inspections, including building, plumbing, electrical insulation, heating and ventilation, and fences. The Building Inspection Services Division shall be operated under the supervision of the Building Inspection Services Manager, subject to the direction of the Director of Community Development.
§ 2-3.104 [RESERVED]
§ 2-3.105 LAND PLANNING SERVICES DIVISION.
The functions of the Land Planning Services Division shall be to organize all materials and efforts required for the development, maintenance, implementation, and administration of a long-term General Plan and a zoning code for the city. The Division shall be operated under the supervision of the City Planner, subject to the direction of the Director of Community Development.
§ 2-3.106 CODE ENFORCEMENT DIVISION.
The function of the Code Enforcement Division shall be to enforce this code. The Division shall be operated under the supervision of the Code Enforcement Manager, subject to the direction of the Director of Community Development. § 2-3.107 COMMUNITY DEVELOPMENT DIRECTOR.
(A) The Community Development Director shall be appointed by, and serve at the pleasure of, the City Manager, and shall be paid such salary as may be fixed by the City Council.
(B) The Director shall have and perform the following duties:
(1) Organize, manage and direct the Community Development Department; (2) Conduct studies and prepare maps, charts, reports, and recommendations for the City Manager, Council, and Planning Commission pertaining to elements of the General Plan and related activities;
(3) Develop and maintain a comprehensive system of maps, charts, pertinent statistics, reports and records which will provide ready and up-to-date information on the status of the General Plan and each of the elements;
(4) Prepare and submit to the City Manager and the Planning Commission as soon as practical after June 30 of each year, a summarized report of the activities of the Department for the preceding year with such recommendations pertaining to the future as may be necessary or useful in the development or administration of the General Plan;
(5) Prepare and submit to the City Manager by May 1 of each year a budget for the following fiscal year covering the revenues and expenditures of the Planning Commission and the Department;
(6) Advise and meet with the Planning Commission and Design Review Board in the performance of their official functions;
(7) Perform the duties of the Zoning Administrator as set forth in Title 9 of this code; and
(8) Perform such other duties as may be assigned by the City Manager.
ARTICLE 2: PUBLIC WORKS
§ 2-3.201 CREATED.
(A) There is hereby created in the government of the city a Public Works Department (Department of Public Works), which shall consist of the following functions:
(1) Capital Improvements Division;
(2) Operations Division:
(3) Water Distribution Division;
(4) Water Treatment Division;
(5) Collections/National Pollutant Discharge Elimination System (“NPDES”) Division;
(6) Utility Engineering Division;
(7) Public Works Inspection Services Division;
(8) Related operations.
§ 2-3.102 OPERATION.
The Public Works Department shall be operated under the authority of the Public Works Director subject to the direction of the City Manager. The Public Works Director shall be responsible for managing the divisions specified in this article. § 2-3.203 CAPITAL IMPROVEMENTS DIVISION.
The function of the Capital Improvements Division is to provide professional and technical engineering services and support to all city departments related to facility expansion and improvements, infrastructure rehabilitation and development in compliance with federal, state and local regulations and laws. The Capital Improvements Division shall be operated under the Public Works Director. § 2-3.204 OPERATIONS DIVISION.
The Operations Division shall have the following functions: facility repairs, maintenance of streets, alleys and public ways; planning, development, operation and maintenance of park and landscape facilities; Marina maintenance and leasehold; fuel dock operation and sales, RV storage facility oversight; vehicle purchases, fleet maintenance and graphic information services. The Operations Division shall be operated under the supervision of the Deputy Director of Public Works, subject to the direction of the Public Works Director.
§ 2-3.205 WATER DIVISION.
The Water Division shall have the following functions: installation, maintenance, and repair of the City’s water distribution system and non- potable water system, cross connection control program, water meter reading program, and warehouse operations; compliance with federal, state and local regulations and laws The Water Division shall be operated under the s upervision of the Deputy Director of Public Works, subject to the direction of the Public Works Director.
§ 2-3.206 WATER TREATMENT DIVISION.
The Water Treatment Division shall have the following functions: operate, maintain, improve, construct and monitor all work concerning the City Water Treatment Plant in compliance with federal, state and local regulations and laws . The Water Treatment Division shall be operated under the supervision of the Deputy Director of Public Works, subject to the direction of the Public Works Director.
§ 2-3.207 COLLECTIONS SYSTEM/NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DIVISION.
The Collections System/NPDES Division have the following functions: repair wastewater and storm water systems, facilities, and related equipment; comply with the Clean Water Act and federal, state and local regulations and laws for wastewater and point sources that discharge pollutants into waters of the United States . The Collections System/NPDES Division shall be operated under the s upervision of the Deputy Director of Public Works, subject to the direction of the Public Works Director. § 2-3.208 UTILITY ENGINEERING DIVISION.
The function of Utility Engineering Division shall be to maintain, improve, construct and monitor all utility related work. The Utility Engineering Division shall be operated under the Public Works Director.
§ 2-3.209 PUBLIC WORKS INSPECTION SERVICES.
The Public Works Inspection Division shall have the following functions: inspect the construction, repair, and/or alteration work on assigned public works; ensure materials, methods, and procedures conform with plans and specifications; enforce and observe testing of construction materials; identify, report, and resolve potential project hazards.
The Public Works Inspection Division shall be operated under the Public Works Director.
§ 2-3.210 DIRECTOR OF PUBLIC WORKS (“PUBLIC WORKS DIRECTOR”). (A) The Public Works Director shall be appointed by, and serve at the pleasure of, the City Manager, and shall be paid such salary as may be fixed by the Council. (B) The Public Works Director shall have and perform the following duties:
(1) Organize, manage, and direct the Department of Public Works; (2) Prepare reports and conduct studies in conformance with federal, state and local regulations and laws related to water treatment, water distribution, and wastewater activities;
(3) Monitor the condition of City facilities for maintenance, repair, and replacement; (4) Prepare and submit a Capital Improvement Plan to the City Council; (5) Prepare, direct, and administer the Capital Improvements budget; (6) Implement, design, and construct Capital Improvement projects; (7) Review and approve all contractual proposals for activities involving engineering and construction efforts;
(8) Establish and maintain systems and procedures for the control and administration of construction and professional contracts; (9) Ensure maintenance activities conform to and meet regulatory compliance as required by federal, state, and local regulations and laws; (7) Prepare and submit to the City Manager by May 1 of each year, a budget for the following fiscal year covering the revenues and expenditures of the Department of Public Works; and
(8) Perform such other duties as may be assigned by the City Manager.
ARTICLE 9: ENGINEERING DEPARTMENT
§ 2-3.901 CREATED.
(A) There is hereby created in the government of the city an Engineering Department, which shall consist of the following functions:
(1) Engineering Services Division
(2) Water Rights Division
(3) Traffic Engineering Division
(4) Land Development Division
(5) Land Surveying Division
(6) Permitting Division
§ 2-3.902 OPERATION.
The Engineering Department shall be operated under the authority of the City Engineer subject to the direction of the City Manager. The City Engineer shall be responsible for managing the divisions specified in this article.
§ 2-3.903 ENGINEERING SERVICES DIVISION.
The function of the Engineering Services Division is to provide professional and technical engineering services and support to all city departments related to development engineering in compliance with federal, state and local regulations and laws. The Engineering Services Division shall be operated under the supervision of the City Engineer.
§ 2-3.204 WATER RIGHTS DIVISION.
The function of the Water Rights Division is to protect and defend the City’s adjudicated pre-1914 appropriative water rights that include flows from both the San Joaquin and the Sacramento Rivers. The Water Rights Division shall be operated under the supervision of the City Engineer.
§ 2-3.205 TRAFFIC ENGINEERING DIVISION.
The function of the Transportation Division is to review and design for various transportation improvement projects; develop traffic signal timing schedules, oversee maintenance of all traffic control devices and conduct engineering studies of traffic and parking conditions. The Traffic Engineering Division shall be operated under the supervision the City Engineer.
§ 2-3.206 LAND DEVELOPMENT DIVISION.
The function of the Land Development Division is t o review the design and construction of land development projects; to process development applications, and conditions of approval; and to exercise subdivision control over land in compliance with federal, state and local regulations and laws. The Land Development Division shall be operated under the supervision of the City Engineer.
§ 2-3.207 LAND SURVEYING DIVISION
The function of the Land Surveying Division is to perform topographic surveys; monitoring surveys, Right-of-Way surveys, and property surveys; to manage and preserve survey monuments; and to prepare legal descriptions of land. The Land Surveying Division shall be operated under the supervision of the City Engineer. § 2-3.208 PERMITTING DIVISION.
The function of the Permitting Division is to develop, issue and administer encroachment and trans portation permits in compliance with federal, state and local regulations and laws. The Permitting Division shall be operated under the supervision of the City Engineer.
§ 2-3.209 KEEPING RECORDS OF SURVEYS.
The city engineer shall keep a record of all surveys and measurements made under the provisions of this chapter in a book or books to be kept for that purpose. All records of surveys and all calculation books pertaining to street or other city work, with all maps, plans and profiles in which the city can in any manner be interested, shall be and remain the property of the city, and shall be kept in a secure place open to public inspection. All such books, plans, maps and profiles shall be carefully preser ved by the City Engineer and transmitted to his successor in office.
§ 2-3.910 CITY SURVEYOR.
The City Engineer may, from time to time, appoint or designate a City Surveyor. The City Engineer, in his or her discretion, may either (1) perform the duties of City Surveyor; (2) designate a qualified surveyor from the city staff; or (3) contract with an outside individual or firm qualified to perform the function of the City Surveyor.
For statutory provisions regarding the appointment of, inter alia, a city civil engineer, see Government Code § 36505.
§ 2-3.911 CITY ENGINEER.
(A) The City Engineer shall be appointed by, and serve at the pleasure of, the City Manager, and shall be paid such salary as may be fixed by the Council. (B) The City Engineer shall have and perform the following duties:
(1) Organize, manage, and direct the Engineer Department; (2) To establish the proper grades, subject to the approval of the Council, for all streets, alleys and public ways in the city;
(3) To prepare maps, plats, profiles, cross-sections, estimates, and other engineering data when required for public improvements; (4) To compile and maintain such engineering records, field notes, profiles, cross-sections, grade maps, contour maps, utility installation details, and other surveys, drawings, plans, specifications, estimates and computations as shall constitute a complete and comprehensive engineering record and file for the city; (5) To conduct the review of private land development projects in coordination with the Community Development Department;
(6) To perform the duties specified in Title 7, Chapter 2 (Encroachments) and Title 9, Chapters 2 (Official Plan Lines) and 4 (Subdivisions), (7) To comply with, and require observance of, all engineering provisions of the subdivision laws;
(8) To compile and maintain such engineering records, field notes, profiles, cross-sections, grade maps, contour maps, utility installation details, and other surveys, drawings, plans, specifications, estimates and computations as shall constitute a complete and comprehensive engineering record and file for the city; (9 ) Prepare and submit to the City Manager by May 1 of each year, a budget for the following fiscal year covering the revenues and expenditures of the Engineering Department;
( 10) Perform the duties of City Engineer as specified in state laws and municipal ordinances; and
(11) Perform such other duties as may be assigned by the City Manager.
SECTION 4. Article 10 of Chapter 3 to Title 2 of the Antioch Municipal Code is hereby created and stated to read as follows:
ARTICLE 10: PROMULGATION OF RULES BY DEPARTMENT HEADS
§ 2-3.901 AUTHORIZATION.
Each department head may prepare written rules and regulations for the conduct of his department. After approval by the City Manager, such rules and regulations shall be the policy of that department and shall be enforceable under the provisions of this code and the personnel rules. Such rules and regulations shall in no way conflict with the policies of the Council or the provisions of this code, the personnel rules of the city, or state laws, and any such conflict shall be resolved in favor of said latter policies, rules, and laws.
SECTION 5. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. This Ordinance authorizes the City Council to create an Engineering Department and to modify the Community Development and Public Works Departments, it does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.
SECTION 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
SECTION 7. Publication; Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.
* * * * *
I HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch held on the ___ day of _________, 2023 and passed and adopted at a regular meeting thereof held on the ___ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
Lamar A. Thorpe, Mayor
ATTEST:
_________________________________
Elizabeth Householder, City Clerk
https://export.amlegal.com/api/export-requests/d39eb9ae-c088-4615-a6de-43a341a24dc4/download/ 1/4 ARTICLE 1: COMMUNITY DEVELOPMENT
§ 2-3.101 CREATED.
There is hereby created in the government of the city a Department of Community Development which shall consist of the following functions:
(A) Building inspection services;
(B) Economic development and redevelopment;
(C) Development engineering;
(D) Land planning;
(E) Neighborhood improvement.
('66 Code, § 2-3.101) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.102 OPERATION.
The Department of Community Development shall be operated under the authority of the Director of Community Development, subject to the direction of the City Manager. The Director shall be responsible for managing the divisions specified in this article. ('66 Code, § 2-3.102) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.103 DIVISION OF BUILDING INSPECTION SERVICES.
The Division of Building Inspection Services shall have the following functions: uniform building codes, permits and inspections, including building, plumbing, electrical insulation, heating and ventilation, and fences. The Division of Building Inspection Services shall be operated under the supervision of the Chief Building Inspector, subject to the direction of the Director of Community Development.
('66 Code, § 2-3.103) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.104 DIVISION OF ENGINEERING SERVICES/LAND DEVELOPMENT. (A) The Division of Engineering Services/Land Development shall have the following functions:
(1) Development engineering;
(2) Subdivision control;
(3) Encroachment and wide load permits;
(4) Related operations.
(B) The Division shall be under the supervision of the Assistant City Engineer or a person who has been designated by the City Engineer to carry out the responsibilities of the City Engineer as specified in state law or this code, subject to the direction of the Director of Community Development. ('66 Code, § 2-3.104) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.105 DIVISION OF LAND PLANNING SERVICES.
The functions of the Division of Land Planning Services shall be to organize all materials and efforts required for the development, maintenance, imple-mentation, and administration of a long term
ATTACHMENT B
3/9/23, 8:29 AM https://export.amlegal.com/api/export-requests/d39eb9ae-c088-4615-a6de-43a341a24dc4/download/ https://export.amlegal.com/api/export-requests/d39eb9ae-c088-4615-a6de-43a341a24dc4/download/ 2/4 General Plan and a zoning code for the city. The Division shall be operated under the supervision of the City Planner, subject to the direction of the Director of Community Development. ('66 Code, § 2-3.105) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.106 DIVISION OF NEIGHBORHOOD IMPROVEMENT SERVICES.
The function of the Division of Neighborhood Improvement Services shall be to enforce this code.
The Division shall be operated under the supervision of the Senior Neighborhood Improvement Coordinator, subject to the direction of the Director of Community Development. ('66 Code, § 2-3.106) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.107 DIRECTOR OF COMMUNITY DEVELOPMENT.
(A) The Director of Community Development shall be appointed by, and serve at the pleasure of, the City Manager, and shall be paid such salary as may be fixed by the City Council. (B) The Director shall have and perform the following duties:
(1) Organize, manage and direct the Community Development Department; (2) Conduct studies and prepare maps, charts, reports, and recommendations for the City Manager, Council, and Planning Commission pertaining to elements of the General Plan and related activities;
(3) Develop and maintain a comprehensive system of maps, charts, pertinent statistics, reports and records which will provide ready and up-to-date information on the status of the General Plan and each of the elements;
(4) Prepare and submit to the City Manager and the Planning Commission as soon as practical after June 30 of each year, a summarized report of the activities of the Department for the preceding year with such recommendations pertaining to the future as may be necessary or useful in the development or administration of the General Plan;
(5) Prepare and submit to the City Manager by May 1 of each year a budget for the following fiscal year covering the revenues and expenditures of the Planning Commission and the Department; (6) Advise and meet with the Planning Commission and Design Review Board in the performance of their official functions;
(7) Perform the duties of the Zoning Administrator as set forth in Title 9 of this code; (8) Perform such other duties as may be assigned by the City Manager. ('66 Code, § 2-3.107) (Ord. 852-C-S, passed 8-13-92)
ARTICLE 2: PUBLIC WORKS
§ 2-3.201 CREATED.
(A) There is hereby created in the government of the city a Department of Public Works, which shall consist of the following functions:
(1) Engineering;
(2) Capital improvements;
(3) Streets;
(4) Water/waste water;
3/9/23, 8:29 AM https://export.amlegal.com/api/export-requests/d39eb9ae-c088-4615-a6de-43a341a24dc4/download/ https://export.amlegal.com/api/export-requests/d39eb9ae-c088-4615-a6de-43a341a24dc4/download/ 3/4 (5) Water treatment;
(6) Related operations.
(7) Park maintenance;
(8) Marina.
(B) The Department shall be operated under the authority of the Director of Public Works/City Engineer subject to the direction of the City Manager. The Director/City Engineer shall be responsible for managing the following divisions.
('66 Code, § 2-3.201) (Ord. 852-C-S, passed 8-13-92; Am. Ord. 925-C-S, passed 7-23-96) § 2-3.202 DIVISION OF ENGINEERING/ PROJECTS.
The function of the Division of Engineering/ Projects shall be to maintain, improve, construct and monitor all work done on city properties. The Division shall be under the supervision of the Deputy Director of Public Works/Projects, subject to the direction of the Director/City Engineer. ('66 Code, § 2-3.202) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.203 DIVISION OF STREETS.
(A) The Division of Streets shall consist of the following functions:
(1) Streets, alleys and public ways;
(2) Maintenance Service Center;
(3) Vehicle maintenance;
(4) Related functions.
(B) The Division shall be operated under the supervision of the Deputy Director of Public Works/Maintenance subject to the direction of the Director/City Engineer. ('66 Code, § 2-3.203) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.204 DIVISION OF WATER/WASTE WATER.
(A) The Division of Water/Waste Water shall consist of the following functions:
(1) Sanitary sewers;
(2) Storm sewers and drains;
(3) Water distribution;
(4) Related operations.
(B) The Division shall be operated under the supervision of the Deputy Director of Public Works/Maintenance subject to the direction of the Director/City Engineer. ('66 Code, § 2-3.204) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.205 DIVISION OF WATER TREATMENT.
The functions of the Division of Water Treatment shall be to operate, maintain, improve, construct and monitor all work concerning the City Water Treatment Plant. The Division shall be operated under 3/9/23, 8:29 AM https://export.amlegal.com/api/export-requests/d39eb9ae-c088-4615-a6de-43a341a24dc4/download/ https://export.amlegal.com/api/export-requests/d39eb9ae-c088-4615-a6de-43a341a24dc4/download/ 4/4 the supervision of the Deputy Director of Public Works/Maintenance subject to the direction of the Director/City Engineer.
('66 Code, § 2-3.205) (Ord. 852-C-S, passed 8-13-92)
§ 2-3.205.1 DIVISION OF PARKS.
The function of the Park Division shall be to plan and develop new park facilities and to operate, maintain and improve existing facilities.
(Ord. 925-C-S, passed 7-23-96)
§ 2-3.206 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER.
(A) The Director of Public Works/City Engineer shall be appointed by, and serve at the pleasure of, the City Manager, and shall be paid such salary as may be fixed by the Council. (B) The Director of Public Works/City Engineer shall have and perform the following duties:
(1) Organize, manage, and direct the Department of Public Works; (2) To establish the proper grades, subject to the approval of the Council, for all streets, alleys and public ways in the city;
(3) To prepare maps, plats, profiles, cross-sections, estimates, and other engineering data when required for public improvements;
(4) To comply with, and require observance of, all engineering provisions of the subdivision laws; (5) To compile and maintain such engineering records, field notes, profiles, cross-sections, grade maps, contour maps, utility installation details, and other surveys, drawings, plans, specifications, estimates and computations as shall constitute a complete and comprehensive engineering record and file for the city;
(6) Prepare and submit to the City Manager by May 1 of each year, a budget for the following fiscal year covering the revenues and expenditures of the Department of Public Works; (7) Perform the duties of City Engineer as specified in state laws and municipal ordinances; (8) Perform such other duties as may be assigned by the City Manager. ('66 Code, § 2-3.206) (Ord. 852-C-S, passed 8-13-92)
8 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 14, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
SUBJECT: Resolution Approving an Amendment to the 2022/23 Fiscal Year Budget to Include Expenditures for the July 4, 2023 Celebration in the Amount of $110,000
RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution approving an amendment to the 2022/23 fiscal year budget to include expenditures for the July 4, 2023 Celebration in the amount of $110,000.
FISCAL IMPACT
The proposed action will increase the General Fund budget in the amount of $110,000.
DISCUSSION
This item is a continued discussion from the Regular Meeting of February 28, 2023. The annual July 4 th Celebration has been Antioch’s signature event for many years. Since 2012, the Celebrate Antioch Foundation has led the effort on planning and executing the event with City support, both from in-kind staff as well as direct financial support. Prior to 2021, the City was contributing funds to Celebrate Antioch via the Civic Enhancement Grant Program. In 2022, the City entered into a Memorandum of Understanding with Celebrate Antioch, which included $145,000 in direct funding for the provision of the Sesquicentennial Event Series. These events culminated with the July 4th Celebration on July 4, 2022 and the majority of the funding provided was for that event.
In January 2023, Celebrate Antioch Foundation notified the City that it does not intend to continue leading the July 4th event. In order for the event to continue to enjoy a high level of success and quality, City staff proposes to take the lead role and is currently working on planning the event.
Staff have assembled a budget based on features that were included in the event since it was relocated to the downtown area in 2021. The breakdown detailed below includes anticipated direct costs for the event. Staff time is already included in the existing budget and will not be affected by this action.
Antioch City Council Report
March 14, 2023 Agenda Item #8 2
Item Description Proposed Cost
Fireworks $35,000
Barge to launch Fireworks $10,000
Security $15,000
Entertainment $15,000
Sound System $10,000
Kids Zone (Rides and Bounce Houses) $10,000
Electric Cart Rental $2,500
Marketing $2,500
Misc (including but not limited to) $10,000
Decorations
Permit Fees
Giveaways
Chair/ Canopy Rental
Other logistical supplies
Total $110,000
Staff is also proposing to launch a sponsorship program for City events that aims to defray the costs. However, the amount of funding that can be generated from such a program is not known at this time.
ATTACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AN AMENDMENT TO THE 2022/23 FISCAL YEAR BUDGET FOR THE JULY 4, 2023 EVENT IN THE AMOUNT OF $110,000.
WHEREAS, the July 4 th Celebration has been Antioch’s signature special event for many years;
WHEREAS, the Celebrate Antioch Foundation led the effort with City support from 2012-2022, but has informed the City that they do not intend to do so in 2023; WHEREAS, the City of Antioch desires to continue to have a high- quality July 4th celebration; and
WHEREAS, City funding is needed to continue holding this event successfully.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves an amendment to the fiscal year 2022/23 General Fund budget for the July 4, 2023 event in the amount of $110,000.
* * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 14th day of March 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
9 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 14, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Formation of a Human Rights and Racial Equity Ad Hoc Committee
RECOMMENDED ACTION
It is recommended that the City Council take the following actions:
1) Determine if the City Council wishes to form a Human Rights and Racial Equity Ad Hoc Committee for the purposes described in the resolution;
2) Confirm the appointment of two (2) members for the Human Rights and Racial Equity Ad Hoc Committee;
3) Confirm the duration of the Human Rights and Racial Equity Ad Hoc Committee; and
4) Adopt the resolution form ing the Human Rights and Racial Equity Ad Hoc Committee (“Attachment A”).
FISCAL IMPACT
The recommended action has no direct fiscal impact on City finances.
DISCUSSION
The Human Rights and Racial Equity Ad Hoc Committee would work with the City Manager and the City Attorney to propose an ordinance forming the Human Rights and Racial Equity Commission (the “ Commission”), which would work to promote mutual respect, understanding and tolerance among all persons within the City.
The Commission would proactively engage in research, action planning, education, and community outreach to advance the rights of all persons to have an equal opportunity to live, work, and prosper within the City.
The Commission would work to build a community where relationships among diverse people are valued by all, the voices of underrepresented groups are heard, discrimination Antioch City Council Report
March 14, 2023 Agenda Item#9 2
is not tolerated, and residents can work to gether to resolve issues concerning discrimination and alienation.
The Human Rights and Racial Equity Commission could also plan, promote, and develop community-oriented education programs and events to foster positive human rela tions, equal opportunity, and greater understanding and appreciation of the City’s cultural, ethnic, and racial diversity. The proposed educational programs and events developed by the Human Rights and Racial Equity Commission would be submitted to the Ci ty Council prior to the adoption of the budget for the fiscal year in which the proposed educational programs and events are planned to be held.
Access to remedies and resolutions under existing state and federal laws addressing unlawful discrimination may also be enhanced by providing a local forum to hear and work towards the advancement of human rights and racial equity goals.
ATTACHMENT
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH TO FORM THE
HUMAN RIGHTS AND RACIAL EQUITY AD HOC COMMITTEE
FOR A PERIOD OF ___ MONTHS
WHEREAS, on February 14, 2023, Mayor Pro Tem pore Tamisha Torres-Walker requested a future agenda item regarding the potential creation of a Human Rights and Racial Equity Commission;
WHEREAS, a Human Rights and Racial Equity ad hoc committee (“Ad Hoc Committee”) could work with the City Manager and the City Attorney to draft a proposed ordinance for the Human Rights and Racial Equity Commission (the “ Commission”), which may include but shall not be limited to the Commission’s purpose, functions, duties, and responsibilities;
WHEREAS, the Ad Hoc Committee would work with staff to propose the purpose and duties for the Human Rights and Racial Equity Commission; WHEREAS, the purpose of the Human Rights and Racial Equity Commission may include promoting mutual respect, understanding and tolerance among all persons within the City;
WHEREAS, the Commission may work to build a community where relationships among diverse people are valued by all, the voices of underrepresented groups are heard, discrimination is not tolerated, and residents can identify and work together to resolve issues concerning human rights and racial equity; WHEREAS, the City Council plans to have the Ad Hoc Committee report back to the City Council prior to and upon its planned termination in ___ months to determine if the Ad Hoc Committee should become a standing committee on a specific subject matter on a continual basis, continue as an ad hoc committee for a limited period of time to address a specific need or purpose, or be terminated; and WHEREAS, the City Co uncil seeks to confirm the appointment of committee members to the Human Rights and Racial Equity Ad Hoc Committee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch that _________________ and _________________ are appointed to the Human Rights and Racial Equity Ad Hoc Committee, which shall work to draft a an ordinance for a Human Rights and Racial Equity Commission and report back to the City Council prior to and upon the ad hoc committee’s planned termination in ___ months. * * * * * * * * * * *
ATTACHMENT A
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 14th day of March 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH