This site has been owned and operated as a PG&E service center for many decades – there is no change in use and no additional functions added. The current Customer Service Center will remain in downtown Antioch to continue providing safe, convenient service to the community.
The Service Center site is located in the Hillcrest Station Area Specific Plan, 2111 Hillcrest Ave., APN 051-160-002. The service center occupies approximately 26 acres out of the 56.15 acre overall PG&E property. It is immediately adjacent to a single-family residential neighborhood to the north, our own electrical substation to the east with open fields beyond, SP railroad property and a BART station / arterial to the south, and Hillcrest Ave. on the west. There are few trees on the service center site, located in the existing employee parking area. As the main site entrance is being modified to allow for more stacking/queueing of vehicles off of Hillcrest, this lot becomes ineffective and unsafe. Therefore, the intention is to relocate the employee parking, develop one of the stormwater detention basins in that area, saving as many trees as possible.
This keeps open/green space near the street and residential areas.
The proposed project conceptual plans and related information are included in this submission package for the City’s consideration. The proposed project consists of 3 major facilities replacement/improvements:
A. Fleet building – Approximately 20,000 SF single story building for fleet storage and minor maintenance. This building has a very low use intensity.
B. Logistics/Warehouse building – Approximately 34,000 SF single story building consisting of shops and enclosed warehouse space, and another approximately 20,000 SF of unconditioned covered storage. This building has a low use intensity.
C. Operations building – Approximately 28,000 SF single story building, primarily office and meeting room uses. This building has an average office use intensity, with a lower intensity from mid-morning thru the afternoon as crews disperse out to the field.
ATTACHMENT E
E1
ASC Narrative
These will replace a multitude of smaller, scattered facilities. PG&E will develop a specific list of those buildings that will be removed as the new buildings are completed, in order to provide an accurate tax database.
Additional smaller support structures include:
• Material Storage Building – Approximately 1,800 SF enclosed single story unoccupied building
• Covered (Canopy) Material Storage pad
• Covered Site Bulk Material Storage bins
• Power Pole storage bins
• Replacement Emergency Generator
• Fleet Fueling Station with fully compliant double containment above ground fuel tank • Covered Outdoor Employee Break Area
• Covered Trash/Recycle enclosure
• PV Canopies over employee parking
In addition to the structures noted, the site will have employee and fleet parking, and paved and gravel surfaces for laydown/material storage. PG&E plans to exceed code minimums for Electric Vehicle Charging Stations in the employee lot and in the fleet parking area as they transition to more hybrid fleet vehicles. As PG&E expands their hybrid fleet, they also are expanding their alternative power generation capacities by placing PV canopies over employee parking.
Additional PV panels on new building roofs and even small parapet-mounted wind turbines are being considered as well.
PG&E understands the proximity to sensitive environments, and is taking a responsible approach to containment, pre-treatment, and stormwater management. Two stormwater detention basins will be constructed, sized to consider the possibility of additional paved areas in the future.
The PG&E service center employees mostly full-time permanent employees, including field crews that disperse out to worksites after an initial check-in and gathering of materials at the service center. The facility is normally active Monday thru Friday from 6:30am to 5:00pm; although those hours can be extended if needed for emergency events or unique projects. The service center does not have a public counter and will only have a few visitors, primarily vendors, deliveries and other PG&E staff visiting on official business.
On behalf of the entire PG&E Antioch Service Center project team, we look forward to the City’s input on this project so that together we can make these very important service function improvements a reality.
Sincerely,
Richard Price
DGA Project Manager
E2
Part 1 and Part 2
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ATTACHMENT G
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1 Merideth, Zoe
From: Laura Kindsvater
Sent: Wednesday, January 17, 2024 2:47 PM
To: Planning Division
Subject: Item 7-2 for January 17 Planning Commission meeting (PG&E Service Center proposal) CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Planning Commissioners:
I would like to see more plant species that are native to Antioch incorporated into the PG&E Service Center project.
The project proposal states that the landscaping will consist of manzanita, oleander, New Zealand flax, hot lips sage, and sageleaf rockrose.
And the trees that they will plant include crape myrtle, London plane tree, and coast live oak.
Coast live oak is native to Antioch and would be an excellent choice. Manzanitas that are native to Antioch or California would also be a good choice. But I would like to see the other plant choices improved.
As you know, pollinators are in trouble. And humans need pollinators to provide a lot of the food that we consume.
Wildlife in California has declined by 20 percent, and at least 600 species in California are endangered.
Two of the top reasons why pollinators and wildlife in general are in decline are habitat loss and pesticide use.
Keystone native plant species both feed pollinators and other wildlife and beautify an area too.
More information about keystone native plant species is available at https://www.bringingbackthenatives.net/keystone-species-signs and https://www.bringingbackthenatives.net/douglas-tallamy-resources.
Instead of oleander, which is poisonous to both wildlife and humans, why not plant a shrub that is native to Antioch or nearby, such as Ceanothus (California lilac), silver lupine (Lupinus albifrons), or California rose (Rosa californica)?
Instead of New Zealand flax, why not plant native grass species, like purple needle grass, nodding needle grass, or June grass? See www.calscape.org for more details.
Instead of hot lips sage, why not plant black sage, which is native to Antioch?
Instead of sage leaf rockrose, why not plant Ceanothus, California rose, manzanita, or bush monkey flower (Diplacus aurantiacus) species that are native to Antioch or nearby?
Instead of crape myrtle, how about creek dogwood (Cornus sericea ssp. Sericea), blue oak (Quercus douglasii), or western redbud? Instead of London plane tree, how about valley oak or northern California black walnut (Juglans hindsii)?
Thank you.
Laura Kindsvater
Antioch resident
ATTACHMENT H
H1
CITY OF ANTIOCH
PLANNING COMMISSION
REGULAR MEETING
Regular Meeting January 17, 2024 6:30 p.m. City Council Chambers
1. CALL TO ORDER
Vice Chairperson Riley called the meeting to order at 6:30 P.M. on Wednesday, January 17, 2024,
in Council Chambers.
2. ROLL CALL
Present: Commissioners Jones, Lutz, Hills, Vice Chairperson Riley
Absent: Commissioner Martin and Chairperson Gutilla
Staff: Acting City Attorney, Martin de los Angeles
Acting Director of Community Development, Kevin Scudero Acting Planning Manager, Zoe Merideth
Minutes Clerk, Kitty Eiden
3. PLEDGE OF ALLEGIANCE
Vice Chairperson Riley led the Pledge of Allegiance.
4. EX-PARTE COMMUNICATIONS - None
5. PUBLIC COMMENT – None
6. CONSENT CALENDAR
6-1.
Planning Commission Meeting Minutes December 6, 2023
Vice Chairperson Riley announced that staff recommended this item be continued since the minutes had not been posted online.
On motion by Commissioner Hills , seconded by Commissioner Lutz the Planning Commission members present unanimously continued Consent Calendar Item 6-1 Planning Commission Meeting Minutes December 6, 2023. The motion carried the following vote:
AYES: Jones, Hills, Lutz, Riley
NOES: None
ABSTAIN: None
ABSENT: Martin, Gutilla
7. PUBLIC HEARING
ATTACHMENT I
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Planning Commission
Regular Meeting
January 17, 2024 Page 2 of 8
7-1. Chevron Hydrogen Fuel Dispensing Facility | DR2023 -0006, UP2023- 0006, VAR2023-0008 | APN 068-132-038, 046, 052, and 053: - The applicant requests a Use Permit, Variance and Design Review approval for a hydrogen fuel dispensing facility at an existing gas station. The project consists of hydrogen storage, associated equipment, two hydrogen dispensers located under a canopy, new landscaping, and stormwater control facilities. A variance is requested to reduce the minimum setback requirements of the canopy from 20 feet to 10 feet.
Acting Planning Manager Merideth presented the staff report dated January 17, 2024, recommending the Planning Commission adopt a resolution approving the Use Permit, Variance, and Design Review application subject to the attached conditions of approval (DR20230006, UP-2023-0003, VAR2023-0008).
Eric Snelling, Senior Principal Planner / Stantec Consulting Services, gave a PowerPoint presentation of the hydrogen program , project overview, safety systems and operational components. He stated that Chevron was excited to bring hydrogen fueling to Antioch.
Vice Chairperson Riley opened the public comment period.
Laura Kindsvater, Antioch resident, encouraged the Planning Commission to consider choosing plant species native to Antioch noting that they would provide habitat and food for native pollinators.
Alexander Broom suggested additional bollards and a larger setback before the concrete masonry units for protection of vehicular traffic. He supported more native plants and suggested the circulation plan be revised to improve access to the project.
Vice Chairperson Riley closed the public comment period.
Commissioner Lutz stated this was an exciting project.
In response to Commissioner Lutz, Mr. Snelling clarified that some early stations were demonstration projects that were taken offline. He explained that the hydrogen fueling network was guided by the state air resources board program and they looked at existing assets that could accommodate the use and provide adequate supply. He commented that there was a landscaping maintenance agreement between the owner and Chevron. He agreed to work with staff to revisit the plant pallet and explained that the plants chosen were based off the City’s water efficient landscape ordinance.
Acting Director of Community Development Scudero added the applicant could offer to work with staff to revise the landscape plan; however, the City had a water efficient landscape ordinance and landscape design guidelines that needed to be followed.
Commissioner Lutz questioned if the Planning Commission could revisit landscape guidelines at a future date.
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Acting Director of Community Development Scudero explained that the guidelines were policy set by Council. He stated if Council directed staff to update those policies, then they would reach out to landscaping consultants to begin the process; however, given current staffing levels and workload, revising design guidelines was not a priority. Additionally, he noted City landscaping that would also need to be part of a broader policy discussion. He stated if the developer was willing to meet with staff, they would be happy to have a conversation to see what could be accomplished within the current requirements and guidelines.
In response to Commissioner Jones, Mr. Snelling explained that there was a grade change and soil embankment between the street level and service station that would offer protection from vehicular traffic. Additionally, he noted there was a retaining wall along Sunset Drive. He further noted the concrete block wall was reinforced with rebar and the bollards were along the western side for protection of the equipment. He clarified that landscaping included the other edge of the site. He stated there were no other hydrogen stations in Antioch and noted the idea was to bring in hydrogen based on demand.
In response to Vice Chairperson Riley, Mr. Snelling clarified that there would be shrubbery planted to screen the wall of the equipment storage area.
A motion was made by Commissioner Lutz and seconded by Commissioner Hills to approve the resolution. Following discussion, Commissioner Lutz amended the motion to include an additional condition.
On motion by Commissioner Lutz, seconded by Commissioner Hills the Planning Commission members present unanimously adopted a resolution approving the Use Permit, Variance, and Design Review application subject to the attached conditions of approval (DR20230006, UP -2023-0003, VAR2023- 0008) with the additional condition of approval.
Direct the applicant to work with staff regarding native plant species as well as the addition of native plant species and vegetation to the screen wall.
The motion carried the following vote:
AYES: Jones, Hills, Lutz, Riley
NOES: None
ABSTAIN: None
ABSENT: Martin, Gutilla
7-2. PG&E Service Center | PD-21-05, UP-21-14, DR2023-0022 | APN 051-160-002 The applicant requests an Initial Study/Mitigated Negative Declaration, Planned Development Re-zone, Final Development Plan, Use Permit, and Design Review to redevelop the existing PG&E service center site. The proposed project involves the replacement and demolition of four existing buildings within the existing PG&E Service Center (Fleet Maintenance, Logistics Warehouse, Logistics Shops, and Operations buildings). Additionally, the proposed project would include the I3
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January 17, 2024 Page 4 of 8
construction of new non-occupied support structures, a below grade parking area, circulation improvements, expansion of paved surfaces, and expansion of lighting infrastructure.
Acting Planning Manager Merideth presented the staff report dated January 17, 2024, recommending the Planning Commission 1. Adopt the resolution recommending City Council approval of the PG&E Service Center Project Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP); 2. Adopt the resolution recommending City Council approval of an ordinance rezoning the project site to Planned Development (PD); and 3. Adopt the resolution recommending City Council approval of a Final Development Plan, Use Permit, and Design Review.
Brett Badelle, Local Government Affairs Representative / PG&E, introduced himself and thanked everyone for allowing them the opportunity to present their project. He encouraged the community to prepare for natural disasters or emergencies by building disaster supply kits. He stated the Antioch service center would improve service to customers, add beautification and have a positive impact on the economy.
Boris Letuchy, Portfolio Delivery / PG&E, thanked staff for the guidance with their application.
He gave a history of their property and an overview of the goals for their project.
Richard Price, Principal / DGA, gave a PowerPoint presentation of their existing site, perimeter security, m aster plan concept, perspective views, property and utility overlay as well as the flyover view.
Vice Chairperson Riley opened the public comment period.
Alexander Broom reported there was significant wildlife and plants along the East Antioch Creek and questioned if this project provided sufficient mitigation for those items. He suggested additional native trees be planted in bioretention areas. He also suggested an additional condition requiring PG&E to secure the site they own across the street and plant additional trees in that area. He requested solar be installed wherever possible.
Laura Kinds vater encouraged the Planning Commission to consider choosing plant species native to Antioch noting that they would provide habitat and food for native pollinators.
Vice Chairperson Riley closed the public comment period.
In response to Commissioner Lutz, Mr. Letuchy explained that this project would improve safety, reliability, resiliency, and sustainability. He clarified their internal environmental compliance team would be part of the development process and all materials leaving the site would be tested and if contamination was found, it would be properly mitigated. He noted environmental compliance was their top priority. He stated he could not commit to keeping the balance of trees that would be removed since landscaping was specific to the overall design; however, he committed to fulfil their obligations in the CEQA report and do everything they could to meet or exceed the expectations for the number and types of trees recommended.
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Commissioner Lutz stated it appeared that there would be enough room to accommodate the same number of trees on the property and it would be nice to see that commitment from PG&E.
Mr. Letuchy responded that the City had their commitment and he would meet their expectations.
He clarified native plant species were their priority. He explained that they had planted as many trees, groundcover, and mulching in phase 1 as possible with the undergrounding of utilities and to meet the City’s landscaping guidelines. He stated they would consider adding solar panels to the roof of the building; however, the roofs had not been designed so they could not commit at this time. He committed to ta rgeting achieving zero net energy. He added that as part of their sustainability commitment, this project would not use any fossil fuels.
In response to Commissioner Jones, Acting Planning Manager Merideth explained the Initial Study Mitigated Negative Declaration was a CEQA document that required a checklist of all categories to determine mitigation. She noted that document was included in the staff report as Attachment A and the full document was available through a link. She further noted the CEQA consultant was present to answer specific questions.
In response to Vice Chairperson Riley, Acting Director of Community Development Scudero explained that requiring additional trees to be planted offsite was beyond the purview of the Planning Commission.
Mr. Letuchy stated they had done offsite landscaping in another city. He noted other cities also had tree funds and they could contribute toward that type of program. He stated they would work with staff to determine the best way to balance the number of trees.
Vice Chairperson Riley stated that he believed being net zero about tree destruction aligned with the goals of PG&E.
Mr. Letuchy commented that there were three future bioretention areas that they had planned to landscape. He noted they would balance the trees removed with native species.
In response to Commissioner Jones, Edward Heming, LSA, summarized the CEQA process for this project.
On motion by Commissioner Hills , seconded by Commissioner Lutz the Planning Commission members present unanimously 1) A dopted the resolution recommending City Council approval of the PG&E Service Center Project Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) . 2) Adopted the resolution recommending City Council approval of an ordinance rezoning the project site to Planned Development (PD) and 3) Adopted the resolution recommending City Council approval of a Final Development Plan, Use Permit, and Design Review with the addition of the following conditions:
The applicant shall work with staff to incorporate native species into the landscaping plan.
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The tree count will be increased to equal the number of trees that will be removed.
The motion carried the following vote:
AYES: Jones, Hills, Lutz, Riley
NOES: None
ABSTAIN: None
ABSENT: Martin, Gutilla
Vice Chairperson Riley congratulated PG&E on their project approval and thanked them for continuing to do business in the City of Antioch.
8. NEW ITEMS
8-1. Radix Growth | DR2023-0015 | APN 051-052-094 The applicant requests Design Review approval for landscaping and façade improvements at an approved Cannabis Facility located at 3625 East 18th Street.
Acting Director of Community Development Scudero presented the staff report dated January 17, 2024, recommending the Planning Commission adopt the resolution approving the Design Review application (DR2023-0015) for landscaping and façade improvements at the proposed Radix Growth Cannabis Facility at 3625 E. 18th Street.
Vice Chairperson Riley opened the public comment period.
Laura Kindsvater requested the landscaping plan be revised to include native keystone species.
Vice Chairperson Riley closed the public comment period.
In response to Commissioner Lutz, Acting Director of Community Development Scudero explained that when the project was initially approved the Planning Commission requested these improvements come back for review and approval. He added that there had been some ownership changes, and it was nice to see the project moving forward. He noted at full build out this facility would employ approximately 100 employees. He further noted the applicant would be subject to the City’s landscaping requirements.
Commissioner Lutz suggested the Planning Commission recommend that the applicant work with staff on native species.
The applicant clarified that they would be replac ing existing dead trees and assured them their plants were in compliance with the City’s regulations.
Commissioner Jones stated the concern was that the City’s requirements were not for native species and that should be addressed in the future. She noted that even though they should be native, new landscaping needed to be similar to the existing landscaping.
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The applicant stated they would consider incorporating native species and noted the way they had it designed would look nice.
On motion by Commissioner Hills , seconded by Commissioner Lutz the Planning Commission members present unanimously adopted the resolution approving the Design Review application (DR2023- 0015) for landscaping and façade improvements at the proposed Radix Growth Cannabis Facility at 3625 E. 18th Street with the following recommendation:
That the applicant work with staff to incorporate native species into the landscape plan. The motion carried the following vote:
AYES: Jones, Hills, Lutz, Riley
NOES: None
ABSTAIN: None
ABSENT: Martin, Gutilla
8-2. Discuss Commissioner Appointment to the TRANSPLAN Committee
Acting Planning Manager Merideth presented the staff report dated January 17, 2024, recommending the Planning Commission d iscuss and choose a potential Commissioner to be appointed to the TRANSPLAN Committee.
Following discussion, the Planning Commission consensus directed staff to reagendize this item for a discussion when a full Commission was present.
9. ORAL/WRITTEN COMMUNICATIONS
Commissioner Jones questioned the process for recommending policy changes for the landscape ordinance.
Acting Director of Community Development Scudero explained the City Council set policy and it was the responsibility of the Commission to review projects based on adopted guidelines and standards. He added if it was the direction of Council to amend policy, the City would bring on a subject matter expert and they would likely want to make the commitment for private and public property.
Commissioner Jones encouraged the community to make their recommendations to the City Council.
Acting Director of Community Development Scudero stated it had not been a priority for staff to update their guidelines based on current workload and staffing levels. He stated he would be happy to convey community advocacy for native species during pre-application conferences.
Commissioner Jones questioned how the Planning Commission would bring recommendations to Council.
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Acting Director of Community Development Scudero responded that he would investigate that matter.
Acting Planning Manager Merideth announced there were calendars on the dais from East Bay Regional Parks District for the Commissioners.
10. COMMITTEE REPORTS - None
11. NEXT MEETING: February 7, 2024
Vice Chairperson Riley announced the February 7, 2024, Planning Commission meeting was canceled, and the next meeting would be held on February 21, 2024.
12. ADJOURNMENT
On motion by Commissioner Hills , seconded by Commissioner Jones , the Planning Commission members present unanimously adjourned the meeting at 8: 33 P.M. The
motion carried the following vote:
AYES: Jones, Hills, Lutz, Riley
NOES: None
ABSTAIN: None
ABSENT: Martin, Gutilla
Kitty Eiden
KITTY EIDEN, Minutes Clerk
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#3.02
Site Location
Project Request
• CEQA. PG&E Service Center Project Initial Study/Mitigated Negative Declaration (IS/MND), Response to Comments, and Mitigation Monitoring and Reporting Program (MMRP).
• Planned Development Rezone. The Hillcrest Station Area Specific Plan requires all development within the planning area to receive approval of a Planned Development (PD) application.
• Final Development Plan. Required for projects in a Planned Development District.
• Use Permit. Required prior to the construction of any phase of an approved Planned Development.
• Design Review. Review of the project’s architecture, design, and landscaping.
Project Details
• Redevelopment of the existing PG&E Service
Center.
• Project includes a new operations building, fleet
maintenance, logistics shops and warehouse,
warehouses, material storage, support structures.
• Site will be redeveloped with the same uses as
currently exist through a phased approach that
allows the operations to be maintained.
Site and Phasing Plan
Project Details
• The project is in the Hillcrest Station Area
Specific Plan area and is designated
Industrial/Utilities.
• The Specific Plan requires all projects with the
plan area to rezone to Planned Development.
• A Final Development Plan is required for all PDs.
A Use Permit is required to implement the PD.
Operations Building Elevations
Planning Commission
• Commissioners added two recommended
conditions:
• Work with staff to incorporate native plants.
• Replant the same number of trees as removed
(proposed at 83 trees).
CEQA
• The City has prepared an IS/MND, which
determined all potentially significant
environmental impacts for the potential ultimate
buildout of the project would be mitigated to a
less-than-significant level with incorporation of
mitigation. An MMRP was prepared for the
project as well.
Recommendation
• Adopt the resolution approving the PG&E Service
Center Project Initial Study/Mitigated Negative
Declaration, Response to Comments, and Mitigation
Monitoring and Reporting Program;
• Introduce by title only and waive the further reading of the ordinance rezoning the project site to Planned
Development (PD); and
• Adopt the resolution approving a Final Development
Plan, Use Permit, and Design Review.
Internal
PG&E Antioch Service Center
Development Plan, Use Permit, and Design Review
2111 Hillcrest Avenue February 13, 2024
#3.03
Internal
2 Overview of Antioch Service Center – Drone View
Internal
3 Perimeter Security
Internal
4 Master Plan
Internal
5 Master Plan Concept Phasing Plan
Internal
6 PG&E Property and Utility Overlay
SERVICE CENTER AND SUBSTATION PROPERTY AERIAL
PROPERTY AERIAL WITH UTILITY OVERLAY
Internal
7 Master Plan Concept– Aerial View
EXISTING SITE
PROPOSED DEVELOPMENT ON SITE
Internal
8 SOUTHWEST AERIAL VIEW
NORTHWEST AERIAL VIEW
PV ARRAY VIEW AT OPS BUILDING
PV ARRAY VIEW
Master Plan Concept– Aerial and Ground Level Views
Internal
9 Master Plan – Operations Building Perspective Views
Internal
10 Master Plan – Logistics Building Perspective Views
Internal
11 Master Plan – Fleet Building Perspective Views
Internal
12 Q & A
4 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 13, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS SUBJECT: Adoption of an Ordinance of the City Council of the City of Antioch, California, Adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code Relating to Organizing or Advertising Street Racing, Sideshows, and Reckless Driving Exhibitions
RECOMMENDED ACTION
Introduce by title only and waive further reading of the ordinance adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code relating to “Organizing or Advertising Street Racing, Sideshows, and Reckless Driving Exhibitions.”
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
SUMMARY
The proposed ordinance (“Ordinance”) would make advertising or organizing an illegal street race, sideshow, or reckless driving exhibition on or in a public highway or offstreet parking facility a violation of the Antioch Municipal Code.
BACKGROUND
On November 14, 2023, the City Council considered, as a discussion item, a proposed Ordinance prohibiting spectators at illegal street races, sideshows, or reckless driving exhibitions on or in public highways or offstreet parking facilities within the City. During that discussion, the City Council provided direction that the Council did not want to criminalize the act of being a spectator at an illegal race, instead Council sought to focus on the actions of more culpable individuals, such as individuals who may directly organize or advertise such activities.
Staff now proposes an Ordinance for consideration by the City Council that would prohibit advertising or organizing various types of illegal street races, sideshows, or reckless driving exhibitions on or in public highways or offstreet parking facilities within the City.
ANALYSIS
The California Vehicle Code (CVC) criminalizes engaging in motor vehicle speed
Antioch City Council Report
February 13, 2024 Agenda Item#4 2
contests, speed exhibitions, and reckless driving, including aiding and abetting these activities. Under state law, violators are guilty of a misdemeanor and face penalties including up to 90 days in jail, a fine of $1,000, or both, 40 hours of community service, and suspension of a perpetrator’s driver’s license for three to six months. Increased penalties are imposed on repeat violators or violations resulting in serious bodily injury.
Despite law enforcement efforts to enforce the existing State regulations, the City’s streets have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years. These events attract spectators. The presence of spectators encourages street racing to continue, which creates a public nuisance that generates noise, air pollution, an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical services.
California DMV reported a significant increase in 2021 in the number of reckless driving citations statewide and an 80% increase in excessive speed violations. The California Highway Patrol has reported as of May 2023 that, in the past five years, 264 collisions statewide attributed to street racing and sideshows, resulting in 30 fatalities and 124 serious injuries. Therefore, illegal street racing poses an imminent risk to the health and safety of participants, spectators, and the general public.
The Ordinance attempts to discourage illegal sideshows, street races, and exhibitions of speed within the City, by regulating the organizing or advertising of such activities. The following activities would be specifically prohibited:
• Knowingly organizing a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the City on a public street, highway, or in an offstreet parking facility.
• Advertising, within the City, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.
• Advertising online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.
The Ordinance targets a clear, limited population and gives proper notice to individuals as to which activities are lawful and which activities are unlawful. Furthermore, illegal street racing can generate significant revenue for organizers and advertisers. Advertising illegal activity is not constitutionally protected speech. The Ordinance includes proper exclusions to prevent interference with or inhibition of any lawful exercise of constitutionally protected rights of freedom of press and freedom of speech.
ATTACHMENTS
A. Ordinance
Ordinance No. XXXX-C-S Page 1 of 8 Adoption Date
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH, CALIFORNIA, ADDING CHAPTER 4 TO TITLE 4 (PUBLIC SAFETY) OF THE
ANTIOCH MUNICIPAL CODE RELATING TO ORGANIZING OR ADVERTISING
STREET RACING, SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS
WHEREAS, motor vehicle speed contests and exhibitions of speed, more commonly referred to as “street races,” and common acts of reckless driving often occur during, or when preparations are being made for, such illegal street races. This includes pre-race events referred to as “sideshows” or motorcycle “stunting” in which groups of people block streets and sidewalks to form sideshow or stunt areas in conjunction with street races; and
WHEREAS, street races, sideshows, and motorcycle stunting pose an immediate threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and inhibit private business owners from enjoying the use of their property within the City; and WHEREAS, groups of racers, sideshow participants, stunters, and spectators gather on the streets and in off-street parking facilities and, among other things, block traffic on the streets and sidewalks in order to form a racetrack, sideshow or stunt area, place bets and wagers, and otherwise encourage, aid, and abet the street racing process; and
WHEREAS, illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or other vehicles, and the racers drive quickly from street to street, race for several hours, and then move to different locations upon the arrival of law enforcement; and
WHEREAS, these activities often result in an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical service; and
WHEREAS, these illegal street racing activities pose an imminent risk to the health and safety of participants, spectators, and the general public; and WHEREAS, pursuant to California Vehicle Code sections 23103, et seq., and 23109, et seq., motor vehicle speed contests, reckless driving, exhibitions of speed conducted on public streets and highways, and reckless driving conducted on public streets, highways, and off-street parking facilities, as well as aiding and abetting in some of these violations, are already illegal under California law; and WHEREAS, the City’s streets have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years, despite law enforcement efforts to prevent and abate these illegal events through the enforcement of existing traffic laws; and
Ordinance No. XXXX-C-S Page 2 of 8 Adoption Date
WHEREAS,illegal street racing, sideshows, and motorcycle stunting attract many spectators, and the presence of spectators at these events encourages street racing to continue and creates an environment in which illegal activities can flourish; and
WHEREAS, illegal street racing, sideshows, and motorcycle stunting can generate revenue for organizers and advertisers; and
WHEREAS, advertising illegal activity is not constitutionally protected speech; and
WHEREAS, the City desires to discourage illegal sideshows, street races, and exhibitions of speed by criminalizing the organizing or advertising of such activities within the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES ORDAIN AS FOLLOWS:
Section 1. INCORPORATION OF RECITALS. The foregoing recitals are true, correct, and incorporated by reference as if set forth in full herein.
Section 2. PURPOSE. The purpose of this Ordinance is to discourage and prevent street racing, sideshows, reckless driving exhibitions, and related activities by prohibiting persons from organizing or advertising such events, and providing appropriate enforcement measures to protect the public and deter this criminal activity.
Section 3. ADDITION OF CHAPTER 4. Chapter 4 is hereby added to Title 4 (Public Safety) of the Antioch Municipal Code to read as follows:
“Chapter 4”
Street Racing, Sideshows, and Reckless Driving Exhibitions 4-4.101 Findings and Purpose
4-4.102 Definitions
4-4.103 Nonexclusive Remedy
4-4.104 Organizing or Advertising Sideshows, Street Races, and Reckless Driving Prohibited
4-4.105 Relevant Circumstances to Prove a Violation
4-4.106 Enforcement
4-4.101 Purpose and Incorporation of Recitals
(A) The streets within the City have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years despite law enforcement efforts to prevent and abate these illegal events through the enforcement of existing traffic laws. Illegal motor Ordinance No. XXXX-C-S Page 3 of 8 Adoption Date
vehicle sideshows, speed contests and exhibitions of speed are fueled by the activities of organizers and advertisers and create an environment in which these, as well as other, illegal activities can flourish. Often, such events generate profit for their organizers and advertisers. Therefore, the intent and purpose of this Chapter is to discourage the organization and advertising of illegal vehicle sideshows, speed contests, and exhibitions of speed in the City. The chapter targets a clear, limited population and gives proper notice to individuals as to which activities are lawful and which activities are unlawful. The dangers associated with spectating and participating in illegal sideshows, street races, and exhibitions of speed will be discouraged in part by discouraging the organization and advertising of such events in the City.
(B) This Chapter is not intended to interfere with or inhibit any exercise of constitutionally protected rights of freedom of press and freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving offensive personal conduct. The City Council finds and declares that advertisements for illegal events such as street racing, motor vehicle sideshows, speed contests, and exhibitions of speed are not legally protected speech.
(C) This Chapter is intended to compliment state laws governing the regulation of speed contests, exhibitions of speed, and sideshows. This Chapter is not intended to preempt state laws governing the regulation of illegal motor vehicle sideshows, speed contests, and exhibitions of speed events.
4-4.102 Definitions
For purposes of this Chapter, unless a word’s context clearly requires otherwise, the following definitions apply:
A. “Advertise” means to promote, publish, announce, or declare the occurrence or fact of an event, for the purpose of either: (i) increasing attendance by participants or spectators at such event or future events of a substantially similar nature; or (ii) soliciting payment, funds, contributions, donations, entry fees, or other consideration. Advertising may be done in writing or orally, by sign, card, or notice, whether electronically or via physical media.
B. "Driver" means any person who drives a motor vehicle.
C. “Event” means an illegal motor vehicle speed contest, exhibition of speed, or sideshow, as those terms are defined in the California Vehicle Code.
D. "Exhibition of speed" means any unlawful motor vehicle exhibition of speed as defined by California Vehicle Code Section 23109(c), as may be amended, Ordinance No. XXXX-C-S Page 4 of 8 Adoption Date
whether or not the exhibition of speed is attended by persons other than the drivers performing such unlawful activity.
E. “Motor vehicle” means a vehicle as defined in California Vehicle Code Section 670, as may be amended.
F. “Motor vehicle speed contest” means any unlawful motor vehicle speed contest, as defined by California Vehicle Code Section 23109(a), as may be amended, whether or not the race is attended by persons other than the drivers racing the vehicles on City streets.
G. “Offstreet parking facility” has the same meaning as set forth in subdivision (c) of California Vehicle Code Section 12500, as may be amended, and includes any public or private parking facility open and accessible to members of the public.
H. “Person” includes any natural person and any legal person, including but not limited to a corporation, partnership, or limited liability company.
I. “Preparations for,” or “Organizing,” any sideshow, street race or reckless driving exhibition includes, but is not limited to, any of the following acts done for the purpose of a sideshow, street race or reckless driving exhibition:
1. One (1) or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility;
2. Two (2) or more persons have gathered on, or adjacent to, a public street or highway;
3. Two (2) or more persons have gathered in an offstreet parking facility;
4. One (1) or more persons have impeded the free use of a public street, highway, or offstreet parking facility by acts, words, or physical barriers;
5. One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;
6. One (1) or more drivers is revving a motor vehicle’s engine or causing the motor vehicle’s tires to spin; or
7. A person is standing or sitting in a location to act as a race starter.
J. “Reckless driving exhibition” means any exhibition of reckless driving as defined in Vehicle Code Section 23103, as may be amended.
Ordinance No. XXXX-C-S Page 5 of 8 Adoption Date
K. “Sideshow” means an event in which two or more persons block or impede traffic on a highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in subdivision (i)(2)(A) of the California Vehicle Code Section 23109, as may be amended.
L. “Street race” or “street racing” means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended.
4-4.103 Nonexclusive Remedy
This Chapter is not the exclusive regulation of nor penalty for participation in a motor vehicle speed contest, exhibition of speed, stunting, sideshow, reckless driving exhibition, or similar illegal activity. This Chapter supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. 4-4.104 Organizing or Advertising Street Races, Sideshows, and Reckless Driving Exhibitions Prohibited
A. It shall be unlawful for any person to knowingly organize a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the City on a public street, highway, or in an offstreet parking facility.
B. It shall be unlawful for any person to advertise, within the City, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.
C. It shall be unlawful for any person to advertise online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.
D. Exceptions. This Section shall not apply in any of the following instances:
1. Where its application would result in an interference with or inhibition of any lawful exercise of constitutionally protected rights of freedom of press and freedom of speech. Speech promoting or encouraging imminent lawless conduct is not protected speech.
2. Nothing in this section prohibits law enforcement officers or their agents from sharing information about known or suspected events in which an illegal street race, sideshow, reckless driving exhibition, and/or exhibition of speed occurred, may occur, or may be occurring.
3. Geographic proximity to a street race, sideshow, reckless driving exhibition, or exhibition of speed alone is insufficient evidence to meet the criteria to be found guilty of organizing.
Ordinance No. XXXX-C-S Page 6 of 8 Adoption Date
4-4.105 Relevant Circumstances to Prove a Violation
A. Notwithstanding any other provision of law, factors to consider in determining if a violation of this Chapter has occurred may include, but are not limited to, any of the following:
1. The person charged has previously participated in, advertised, organized, promoted, or facilitated a street race, sideshow, exhibition of speed, or reckless driving exhibition;
2. The person charged has previously aided and abetted street racing, sideshows, exhibitions of speed, or reckless driving exhibitions;
3. To the fullest extent permissible by law, evidence of prior act(s) may be considered to show the plan, opportunity, intent, knowledge, identity, and/or propensity of the person charged to organize or advertise a street race, sideshow, or a reckless driving exhibition if the prior act(s) occurred within three (3) years of the presently charged offense.
B. In addition to the circumstances set out in subsection (A), above, and notwithstanding any other provision of law, to prove a violation of this Chapter, admissible evidence may also include, but is not limited to, any of the following:
1. The nature and description of the scene, including the number and configuration of traffic lanes;
2. The number of people at the scene;
3. The number and descriptions of motor vehicles at the scene.
C. For purposes of subsection (B), above, “Scene” refers to the location of a sideshow, street race, reckless driving exhibition, or exhibition of speed, or the location of preparations for such an event.
4-4.106 Enforcement
Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail, a fine of $1,000, or both, unless at the discretion of the district attorney or a court of competent jurisdiction, the violation is reduced to an infraction.
The City may seek compliance with this chapter by any remedy allowed under this Code and any other remedy allowed by law, including but not limited to the administrative citation procedures set forth in Antioch Municipal Code § 1-5. The amount of the administrative fine is $1,000 for each violation.” Section 4. CEQA COMPLIANCE. The City Council finds that the adoption and implementation of this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance No. XXXX-C-S Page 7 of 8 Adoption Date
Ordinance may have a significant effect on the environment, under CEQA Guidelines section 15064(e), which exempts purely economic regulations, and under Public Resources Code Section 21080(b)(4) regarding actions to mitigate or prevent an emergency.
Section 5. SEVERABILITY.If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 6. EFFECTIVE DATE.This Ordinance shall become effective thirty (30) days after its adoption by the City Council.
Section 7. CERTIFICATION.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law.
* * * * * * *
Ordinance No. XXXX-C-S Page 8 of 8 Adoption Date
I HEREBY CERTIFYthat the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the _____ day of February 2024, and passed and adopted at a regular meeting thereof, held on ____ of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
LAMAR A. HERNANDEZ-THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
5 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 13, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Antioch Police Oversight Commission Appointment for two Commission Members for 1-year terms, expiring November 2024; two Commission Members for 2-year terms expiring November 2025; and three Commission Members for 3-year terms expiring November 2026
RECOMMENDED ACTION
1) It is recommended that the Mayor nominate the candidates for appointments.
2) It is recommended that the City Council adopt a resolution appointment of Alicia Dianne Lacey-Oha to the Antioch Police Oversight Commission for a one-year term, expiring November 2024.
3)
appointment of Devin Williams to the Antioch Police Oversight Commission for a one-year term, expiring November 2024.
4)
appointment of Porshe Taylor to the Antioch Police Oversight Commission for a two-year term, expiring November 2025.
5)
appointment of Leslie May to the Antioch Police Oversight Commission for a two- year term, expiring November 2025.
6)
appointment of Mahogany Spears to the Antioch Police Oversight Commission for a three-year term, expiring November 2026.
7)
appointment of Treva Hadden to the Antioch Police Oversight Commission for a three-year term, expiring November 2026.
Antioch City Council Report
February 13, 2024 Agenda Item # 5 2
8)
appointment of Harry Thurston to the Antioch Police Oversight Commission for a three-year term, expiring November 2026.
FISCAL IMPACT
There is no fiscal impact as all positions are voluntary. However, the City will need to provide funding for the Antioch Police Oversight
general operating expenses, training, continuing education, and public outreach and events. There will also be expenses associated with staff time dedicated to working with the Police Commission.
DISCUSSION
On May 24, 2022, the Antioch City Council adopted Ordinance No. 2212-C-S that created the Police Commission. The purpose of the Police Commission is as follows:
The Police Commission is to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department's policies, practices, and customs meet or exceed national standards of constitutional policing.
The Police Commission shall advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch. The Police Commission shall facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.
The Police Commission shall promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.
The Police Commission shall develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.
In general law cities where the mayor is an elective official pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees, unless otherwise specifically provided by statute. Under Antioch Municipal Code §2-5.201, the mayor shall nominate candidates for membership on all boards and commissions. Nominees shall be appointed to each board and commission upon receiving approval of at least a majority vote of the city council.
Antioch City Council Report
February 13, 2024 Agenda Item # 5 3
The City ies in the usual manner. Because this
is the initial appointment of Commissioners, all seven members are vacant. The City Council shall strive to appoint the members as follows;
One member representative from each of the four councilmember districts; One member representative of the Antioch faith-based community; One member representative of the Antioch business community; and One member representative that is an employee or student of the Antioch Unified School District.
Two commissioners will have one-year terms; two commissioners will have two-years terms; and three commissioners will have three-year terms.
Mayor Hernandez-Thorpe is nominating the following Antioch citizens to the Police Commission:
Alicia Dianne Lacey-Oha, one-year term, expiring November 2024.
Devin Williams, one-year term, expiring November 2024.
Porshe Taylor, two-year term, expiring November 2025.
Leslie May, two-year term, expiring November 2025.
Mahogany Spears, three-year term, expiring November 2026.
Treva Hadden, three-year term, expiring November 2026.
Harry Thurston, three-year term, expiring November 2026.
The biography and background of the candidates will be presented at the City Council meeting.
ATTACHMENTS
A. Resolution [insert name of appointee], one-year term, expiring November 2024 B. Resolution [insert name of appointee], one-year term, expiring November 2024 C. Resolution [insert name of appointee], two-year term, expiring November 2025 D. Resolution [insert name of appointee], two-year term, expiring November 2025 E. Resolution [insert name of appointee], three-year term, expiring November 2026 F. Resolution [insert name of appointee], three-year term, expiring November 2026 G. Resolution [insert name of appointee], three-year term, expiring November 2026 H. Applications
I. Ordinance No. 2212-C-S
ATTACHMENT A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
ANTIOCH POLICE OVERSIGHT COMMISSION FOR ONE-YEAR TERM,
ENDING NOVEMBER 2024
WHEREAS, the Antioch City Council adopted Ordinance No. 2212-C-S creating the Antioch Police Oversight Commission at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk made announcements and accepted applications for the initial appointments for the seven members of the Police Commission;
WHEREAS, each Councilmember reviewed applications from citizens within their designated election districts and recommended candidates to the Mayor for consideration;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Hernandez-Thorpe has nominated [insert name of appointee after appointment] to the Police Commission, one-year term, expiring November 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, one-year term, expiring November 2024.
* * * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
ANTIOCH POLICE OVERSIGHT COMMISSION FOR ONE-YEAR TERM,
ENDING NOVEMBER 2024
WHEREAS, the Antioch City Council adopted Ordinance No. 2212-C-S creating the Antioch Police Oversight Commission at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk made announcements and accepted applications for the initial appointments for the seven members of the Police Commission;
WHEREAS, each Councilmember reviewed applications from citizens within their designated election districts and recommended candidates to the Mayor for consideration;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Hernandez-Thorpe has nominated [insert name of appointee after appointment] to the Police Commission, one-year term, expiring November 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, one-year term, expiring November 2024.
* * * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT C
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
ANTIOCH POLICE OVERSIGHT COMMISSION FOR TWO-YEAR TERM,
ENDING NOVEMBER 2025
WHEREAS, the Antioch City Council adopted Ordinance No. 2212-C-S creating the Antioch Police Oversight Commission at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk made announcements and accepted applications for the initial appointments for the seven members of the Police Commission;
WHEREAS, each Councilmember reviewed applications from citizens within their designated election districts and recommended candidates to the Mayor for consideration;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Hernandez-Thorpe has nominated [insert name of appointee after appointment] to the Police Commission, two-year term, expiring November 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, two-year term, expiring November 2025.
* * * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT D
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
ANTIOCH POLICE OVERSIGHT COMMISSION FOR TWO-YEAR TERM,
ENDING NOVEMBER 2025
WHEREAS, the Antioch City Council adopted Ordinance No. 2212-C-S creating the Antioch Police Oversight Commission at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk made announcements and accepted applications for the initial appointments for the seven members of the Police Commission;
WHEREAS, each Councilmember reviewed applications from citizens within their designated election districts and recommended candidates to the Mayor for consideration;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Hernandez-Thorpe has nominated [insert name of appointee after appointment] to the Police Commission, two-year term, expiring November 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, two-year term, expiring November 2025.
* * * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT E
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
ANTIOCH POLICE OVERSIGHT COMMISSION FOR THREE-YEAR TERM, ENDING NOVEMBER 2026
WHEREAS, the Antioch City Council adopted Ordinance No. 2212-C-S creating the Antioch Police Oversight Commission at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk made announcements and accepted applications for the initial appointments for the seven members of the Police Commission;
WHEREAS, each Councilmember reviewed applications from citizens within their designated election districts and recommended candidates to the Mayor for consideration;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Hernandez-Thorpe has nominated [insert name of appointee after appointment] to the Police Commission, three-year term, expiring November 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, three-year term, expiring November 2026.
* * * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT F
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
ANTIOCH POLICE OVERSIGHT COMMISSION FOR THREE-YEAR TERM, ENDING NOVEMBER 2026
WHEREAS, the Antioch City Council adopted Ordinance No. 2212-C-S creating the Antioch Police Oversight Commission at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk made announcements and accepted applications for the initial appointments for the seven members of the Police Commission;
WHEREAS, each Councilmember reviewed applications from citizens within their designated election districts and recommended candidates to the Mayor for consideration;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Hernandez-Thorpe has nominated [insert name of appointee after appointment] to the Police Commission, three-year term, expiring November 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, three-year term, expiring November 2026.
* * * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT G
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
ANTIOCH POLICE OVERSIGHT COMMISSION FOR THREE-YEAR TERM, ENDING NOVEMBER 2026
WHEREAS, the Antioch City Council adopted Ordinance No. 2212-C-S creating the Antioch Police Oversight Commission at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk made announcements and accepted applications for the initial appointments for the seven members of the Police Commission;
WHEREAS, each Councilmember reviewed applications from citizens within their designated election districts and recommended candidates to the Mayor for consideration;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Council to be appointed to a board or commission; and
WHEREAS, Mayor Lamar A. Hernandez-Thorpe has nominated [insert name of appointee after appointment] to the Police Commission, three-year term, expiring November 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, three-year term, expiring November 2026.
* * * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Harry Thurston 3 main reasons for joining the Antioch Police Oversite Commission 011623 .docx
His Motivation in
Joining the Antioch Police Oversite Commission (APOC)
I wish to serve on the APOC to insure that community input is accounted for in APOC recommendations to the Antioch City Council and City Manager in their administration of the Antioch Police Department (APD) regarding policing policy, practices and public safety issues within the City.
I wish to serve on the APOC to be a conduit for community input on APD funding, policy and objectives, staffing, disciplinary cause/actions, field practices, training and budget allocation, to mention a few areas. I believe the act(s) of policing needs to be fully endorsed by the community that grants such extreme rights to APD
I wish to serve on the APOC to facilitate cross communication and increased transparency between the various diverse Antioch communities and the APD in order to develop a two way
relationship/partnership between APD and the multiple diverse communities in Antioch in regards to the policing of the City.
Harry Thurston Life Work and Significant Community Volunteer Experiences 011623.docx
Volunteer Experiences That Will Prepare Me to Contribute to the Work of the Antioch Police Oversite Commission
1975 graduated from Humboldt State University with a BS in Forestry/Forest Engineering.
In January 1976, I joined the Peace Corps and was stationed in Malaysia from 1976-1978, serving as the Kedah State Forest Engineer.
July 1988 to the present, I relocated to Antioch, Ca
2015 2018, Commissioner on the Antioch Crime Prevention Commission, Chair of the Commission 2017 and 2018.
2016 to the present, member of the Antioch Rotary Afternoon Club
2017 2019, Board Member of the Contra Costa County Advisory Board on Public Safety Realignment, serving as chair in 2019.
2018 2021, Commissioner on the Contra Costa County Sustainably Commission
2021 2022, First Vice President of the East County Branch of the NAACP.
2021 to the present, Board Member of the Antioch Historical Society Broad of Directors
Harry Thurston's Contacts and Experiences with the APD 011623.docx
Police Department
1. 2015-2018 Commissioner on the Antioch Crime Prevention Commission, Chair of the Commission 2017 and 2018
2. Academy
Harry Thurston Additional Information & Comments for the Service Application for the APOC 011623.docx
Service Application for the APOC
I am very passionate about the City implementing the Antioch Police Oversite Commission (APOC). I firmly believe the citizens of Antioch must have an effective voice in the oversite of the Antioch Police Department (APD) via advisory role to the City Council.
I have been an advocate for the establishment of the APOC sense 2020 proposing this type of citizen oversite of the Antioch Police Department polices, budget and actions. I have spoken multiple times in front of the Antioch City Council and the Antioch Police Oversite Ad Hoc Committee via public comments advocating for the creation and implementation of the APOC.
I wish to serve on the APOC because I believe it will provide the mechanism for public input to the policing concerns of the City.
Following are some of the policing positions/concerns/issues that I gathered from several informal conversations with citizens of Antioch:
1. Generally, not opposed to the need for policing, and strong
2. Most expressed a favorable opinion of the Antioch Police Department (APD) but expressed a need for reforms to better serve the public.
3. There is a need for more community policing outreach to develop a better two way partnership relationship between the police and the multiple diverse communities in Antioch. Policing outreach to some of communities have not occurred.
Harry Thurston Additional Information & Comments for the Service Application for the APOC 011623.docx
4. There is the impressions that implicate bias exists in APD and needs to examined and if found, addressed.
5. Need a formal mechanism to facilitate cross communication and increased transparency between the various diverse communities and APD in the areas of hiring, training and complaints.
6. Recognize that the act(s) of policing needs to be fully overseen by the community that grants such extreme rights to APD to do the
7. Recognition that the act(s) of policing must be fully transparent to the community with effective input by the community. This includes funding, policy and objectives, staffing, disciplinary cause/actions, field practices, training and budget allocation.
8. Determine if there are current policing activities of the APD would better be served by other support agencies, such as mental health issues.
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 13, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
APPROVED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Budget Requests Continued from November 28, 2023
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving amendments to the 2023/24 and 2024/25 fiscal year budgets for staffing and other items considered at the meeting of February 13, 2024.
FISCAL IMPACT
Budget requests as specified in this report all impact the General Fund and are detailed in the table on page 3.
DISCUSSION
On November 28, 2023, City Council approved budget amendments for encumbrances and other items needed for fiscal years 2024 and 2025. City Council directed that the staffing and a Water Park funding request presented at that meeting be brought back to a future meeting for discussion.
The additional staffing and other items for budget consideration originally presented on November 28, 2023 are listed below:
1) Police Department
Fund five (5) additional Community Service Officer positions to provide more interactive and responsive community support to allow for significant improvement to response time and a reduction of overtime expenses. The FY24 fiscal year pro-rated budget impact is estimated to be $130,651 (which would be covered by FY24 salary savings) and the FY25 annual impact is $824,339 to the General Fund.
Fund two (2) additional Dispatcher positions to support the added interactions, duties and responsibilities involved with supporting the personnel from the Crisis Response Team, Code Enforcement and parking enforcement. The FY24 fiscal year pro-rated budget impact is estimated to
Antioch City Council Report
February 13, 2024 Agenda Item #6 2
be $61,353 (which would be covered by salary savings) and the FY25 annual impact is $386,807 to the General Fund.
Fund one (1) additional Office Assistant at Animal Services to assist with the increased visitors at the shelter since re-opening after COVID. During high volumes, an Animal Control Officer must assist verses handling calls for service in the field. The FY24 fiscal year pro-rated budget impact is estimated to be $18,830 (which would be covered by FY24 salary savings) and the FY25 annual impact is $118,711 to the General Fund in the form of increased subsidy to the Animal Services Fund.
Fund one (1) additional Animal Services Technician at Animal Services to bring the total to four. The shelter currently utilizes part-time positions in addition to three existing full-time positions, but the part-time positions have proven hard to fill, severely hampering the ability to ensure adequate animal care personnel are available daily. Incoming animals have also increased significantly since the end of the COVID pandemic. Annual part-time staffing costing approximately $26,000 would be reduced with the addition of this position and lower the fiscal impact. The FY24 fiscal year pro-rated budget impact is estimated to be $18,350 (which would be covered by salary savings) and the FY25 annual impact is $101,358 (net of part-time help savings) to the General Fund in the form of increased subsidy to the Animal Services Fund.
2) Human Resources
Fund one (1) Human Resources Specialist position in lieu of one (1) Human Resources Technician position at an estimated cost to the General Fund of $8,080 in FY24 (which would be covered by FY24 salary savings) and $31,333 in FY25. The Human Resources Director is requesting to fund this higher functioning position to work on recruitments, benefits administration, assist with workers compensation and other higher-level tasks to assist the Human Resource Analyst and Risk Manager to aid the Human Resources Department in functioning more effectively.
3) Recreation
Requesting $200,000 funding annually from the General Fund to begin in FY25 to establish a maintenance fund for the Water Park based on the needs assessment provided to City Council on November 14, 2023. 4) City Managers Office
Fund one (1) Assistant to the City Manager (ATCM) position. The ATCM will be responsible for assisting with operational tasks related to the day-to- day duties in the City Managers Office. The ATCM will be expected to research, analyze, and create reports/findings for the City Manager and/or the Assistant City Manager. The ATCM will work on gathering data specifically for Council-issued initiatives that reside in the City Managers Office. The ATCM will have the responsibility of working with every City Antioch City Council Report
February 13, 2024 Agenda Item #6 3
Department to seek grant opportunities and function as the Citys grant writer, which has been a desire of the City Council.
Currently, all analytical work, research, contract negotiations and preparations, and any Council initiatives that fall under the City Managers Office purview, is performed by the City Manager and Assistant City Manager. The ATCM will assume the aforementioned duties allowing the City Manager and Assistant City Manager to continue to focus on other more pertinent duties. The FY24 fiscal year pro-rated budget impact is estimated to be $44,539 (which would be covered by FY24 salary savings) and the FY25 annual impact is $279,125 to the General Fund.
The table below summarizes the total cost of these additional budget requests and the impact on the fund balance. The General Fund continues to meet the reserve policy as demonstrated.
FY24/25FY23/24 General FundGeneral Fund RevisedEnding Fund Balance 31,550,781$ 31,550,781$ GF Positions for Consideration:*Assistant to the City Manager (City Manager) - 279,125 Human Resources Specialist reclass (Human Resources) - 31,333 5 CSO's (Police) - 824,339 2 Dispatchers (Police) - 386,807 Office Assistant (Animal Services) - 118,711 Animal Services Techinician (Animal Services) - 101,358 Total General Fund Staffing Considerations- 1,741,673 Other GF Items for Consideration:Water Park Maintenance Fund - 200,000 Total General Fund Other Considerations- 200,000 Ending Fund Balance 31,550,781$ 29,609,108$ Unassigned Fund Balance 29,794,288$ 28,736,204$ % of Revenue 31.50% 29.63%*FY24 cost of these positions w ould be covered by vacancy savings Total General Fund Budget Impact
Antioch City Council Report
February 13, 2024 Agenda Item #6 4
ATTACHMENTS
A. Resolution Approving Amendments to the 2023/24 and 2024/25 Fiscal Year Budgets as Approved on February 13, 2024
Exhibit A to Resolution Budget Amendments Approved (to be added)
ATTACHMENT A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING AMENDMENTS TO THE 2023/24 AND 2024/25 FISCAL YEAR BUDGETS FOR
STAFFING AND OTHER BUDGET ITEMS UNDER CONSIDERATION AND APPROVED ON FEBRUARY 13, 2024
WHEREAS, the City Council of the City of Antioch has considered staffing requests and other budget items as presented by the Citys Finance Director in the staff report of February 13, 2024 entitled, Budget Requests Continued from November 28, 2023;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Antioch hereby approves the staffing and other amendments to the fiscal year 2023/24 and 2024/25 budgets discussed and approved at the City Council meeting of February 13, 2024 incorporated herein by reference and attached hereto as Exhibit A. [TO BE DETERMINED AND ATTACHED]
* * * * * * *
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 13th day of February 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH