* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Versaterm Public Safety US, Inc.
1 North MacDonald, Suite 500
Mesa, Arizona USA
85201
YEAR 1 - Annual Fees for Renewal Period 10/31/2024 to 10/30/2025 - ($33,319.26) YEAR 2 - Annual Fees for Renewal Period 10/31/2025 to 10/30/2026 - ($33,319.26) Invoicing Notes:
USD 99,957.78Grand Total
USD 99,957.78Subtotal
3 YearContract Term
Net 30Net Terms
USDQuote Currency
300 L Street
Antioch CA 94509
USA
Bill ToAntioch Police Department (CA)Account Name
2024-10-30Expiration Date
2024-07-18Created Date
00005740Quote Number
[email protected]
Sarah LechnerPrepared By
Antioch Police Department (CA) - Contract
Renewal - (3-YEAR TERM)
Quote Name
Company Information
Customer Information
Quote Line Items
Product Billing Type Quantity Sales Price Total Price Line Item Description Maintenance & Support Recurring 1.00 USD 0.00 USD 0.00 Year 1 - 10/31/2024 to 10/30/2025 SPIDR Platform: Patrol Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 1 - 10/31/2024 to 10/30/2025 SPIDR Platform: Investigations Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 1 - 10/31/2024 to 10/30/2025 SPIDR Platform: Insights Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 1 - 10/31/2024 to 10/30/2025 Community Engagement Module - Level 1 Recurring 117.00 USD 33.80 USD 3,954.60 Year 1 - 10/31/2024 to 10/30/2025 Maintenance & Support Recurring 1.00 USD 0.00 USD 0.00 Year 2 - 10/31/2025 to 10/30/2026 SPIDR Platform: Patrol Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 2 - 10/31/2025 to 10/30/2026 SPIDR Platform: Investigations Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 2 - 10/31/2025 to 10/30/2026 SPIDR Platform: Insights Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 2 - 10/31/2025 to 10/30/2026 Community Engagement Module - Level 1 Recurring 117.00 USD 33.80 USD 3,954.60 Year 2 - 10/31/2025 to 10/30/2026 Maintenance & Support Recurring 1.00 USD 0.00 USD 0.00 Year 3 - 10/31/2026 to 10/30/2027 SPIDR Platform: Patrol Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 3 - 10/31/2026 to 10/30/2027 SPIDR Platform: Investigations Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 3 - 10/31/2026 to 10/30/2027 SPIDR Platform: Insights Module Recurring 117.00 USD 83.66 USD 9,788.22 Year 3 - 10/31/2026 to 10/30/2027 Community Engagement Module - Level 1 Recurring 117.00 USD 33.80 USD 3,954.60 Year 3 - 10/31/2026 to 10/30/2027 Totals
Invoicing Procedures
Versaterm Public Safety US, Inc.
1 North MacDonald, Suite 500
Mesa, Arizona USA
85201
Signature: _____________________________________ Name: _____________________________________ Title: _____________________________________ Date: _____________________________________ Is a Purchase Order required for the purchase or payment of the products on this Quote? Yes [ ] No [ ]
The customer’s purchase order terms will be governed by the parties’ existing mutually executed agreement or, in the absence of such, are void and will have no legal effect.
PO Number:
_______________________________________
Initials:
_______________________________________
Fees will be payable within 30 days of invoicing.
Please note that the Sales Price shown above has been rounded to the nearest two decimal places for display purposes only. The actual price may include as many as five decimal places. For example, an actual price of $21.37656 will be shown as a Unit Price of $21.38. The Total for this quote has been calculated using the actual prices for the product and/or service rather than the Sales Price displayed above.
Prices shown do not include any taxes that may apply. Any such taxes are the responsibility of the Customer. This is not an invoice.
For customers based in the United States or Canada, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Bill To" location provided by the Customer on this Quote.
TERM:
The products and services listed under this renewal quote shall be governed by the existing agreement(s) as between Customer and Versaterm Public Safety US, Inc.
By signing this renewal quote, the Customer is hereby bound to renew the service for the period described and/or to purchase the products listed for the grand total stated herein. A signed renewal quote transmitted through email is valid and binding even if an original paper document bearing the customer's original signature is not delivered.
YEAR 3 - Annual Fees for Renewal Period 10/31/2026 to 10/30/2027 - ($33,319.26) Note: The Sales Price presented for the Patrol, Investigations, Insight, and Community Engagement products have been discounted 15.5% from Versaterm's current product list price per unit.
Terms and Conditions
Billing Information
Purchase Order Information (Customer to complete)
Quote Acceptance
DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of November 26, 2024
Honorable Mayor and Members of the City Council
Derek Traya, Operations Supervisor Parks
Scott Buenting, Acting Public Works Director/City Engineer f/7 Marchetti Park Playground Cooperative Purchase Agreement in the amount of $324,383.40
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving an amendment increasing the Fiscal Year 2024/25 Capital Improvement and Operating Budget in the amount of $23,705 from the Park-in Lieu fund for a total project budget of $325,000;
2. Approving the cooperative purchase agreement from Landscape Structures Inc. to purchase a new playground for Marchetti Park in the amount of $294,893.97 with a ten (10) percent contingency in the amount of $29,489.40 for a total amount not to exceed $324,383.40 using Sourcewell Cooperative Purchasing Agreement (No. 010521-LSI); and
3. Authorizing the City Manager to execute the cooperative purchasing agreement.
FISCAL IMPACT
The fiscal year 2024/25 Capital Improvement Budget includes funding for the purchase of the replacement playground in the amount of $301,295 utilizing the Park-in-Lieu funds.
Approval of this resolution will increase the Park-in-Lieu funding by $23,705 for a total project budget of $325,000.
DISCUSSION
The original design of the replacement playground for Marchetti Park was reviewed by the Antioch Parks and Recreation Commission on February 21, 2019. The Commission voted in favor of the design and recommended that Council approve the playground replacement.
On November 24, 2020, the City Council requested additional accessible features for the playground as well as the development of an accessibility policy for all playgrounds in Antioch. Staff subsequently developed the Policy for Ensuring Equitable Access to Agenda Item #
ATTACHMENT "A"
RESOLUTION NO. 2024lxxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING AN AMENDMENT TO THE FISCAL YEAR 2024125 CAPITAL IMPROVEMENT AND OPERATING BUDGET IN THE AMOUNT OF $23,705, APROVING THE MARCHETTI
PARK PLAYGROUND COOPERATIVE PURCHASE AGREEMENT IN THE AMOUNT OF $324,383.40 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
COOPERATIVE PURCHASING AGREEMENT
WHEREAS, at the Parks and Recreation Commission special meeting of June 7, 2022, staff shared and discussed the revised playground design for Marchetti Park with the Parks and Recreation Commission as part of the Draft 2022-2027 Five Year Capital Improvement Program PW 150-22 discussion;
WHEREAS, the Parks and Recreation Commission recommended that Council approve the revised Marchetti playground design which incorporates inclusive play elements as well as other upgrades which improve accessibility to park users as desired in the City's Policy for Ensuring Equitable Access to Inclusive Play Environments in Parks and Public Spaces;
WHEREAS, the City obtained a quote from Landscape Structures Inc. (LSI), a Sourcewell cooperative purchasing vendor, for a new playground at Marchetti Park. The City can utilize Sourcewell Cooperative Purchasing agreements for the purchase of goods and services per Antic.ch Municipal Code section 3-4.12 (C) (1 ), which allows the dispensing of bidding procedures for purchasing goods or services or proposal procedures for professional services;
WHEREAS, the City Council has considered approving an amendment increasing the Fiscal Year 2024/25 Capital Improvement and Operating Budget in the amount of $23,705 from the Park-in-Lieu fund for a total project budget of $325,000; and WHEREAS, the City Council has considered approving the cooperative purchase agreement with LSI to purchase a new playground for Marchetti Park in the amount of $294,893.97 with a ten (10) percent contingency in the amount of $29,489.40 for a total amount not to exceed $324,383.40 using Sourcewell Cooperative Purchasing Agreement (No. 010521-LSI); and authorizing the City Manager to execute the cooperative purchasing agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:
1. Approves an amendment increasing the Fiscal Year 2024/25 Capital Improvement and Operating Budget in the amount of $23,705 from the Park-in-Lieu fund for a total project budget of $325,000;
2. Approves the cooperative purchase agreement with Landscape Structures Inc. to purchase a new playground for Marchetti Park in the amount of $294,893.97 with a ten (10) percent contingency in the amount of $29,489.40 for a total amount not
CITY OF
ANTIOCH CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Julie Haas-Wajdowicz, Administrative Analyst Ill ,JfltJ APPROVED BY: Tasha Johnson, Public Safety & Community Resources Director-ro SUBJECT: Resolution Approving Climate Action and Resilience Plan (CARP) 2025 Update
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the Climate Action and Resilience Plan ("CARP", Attachment A, Exhibit A).
FISCAL IMPACT
Approving the CARP at this time allows the City to link it to the United States' Department of Housing and Urban Development Five-year Consolidated Plan, giving some programs identified in the CARP a possible funding source for the next 5 years.
DISCUSSION
Background
Climate Change and Resilience
The City of Antioch began its climate work in 2007 when we joined ICLEI - Local Governments for Sustainability and conducted o"t.1r first Greenhouse Gas Emissions ("GHG") inventory for 2005. In 2009, the City Council adopted Resolution 2009/57 (Attachment B) setting GHG emission reduction goals for Antioch. In 2010, the City adopted its first Climate Action Plans (CAPs). These CAPs, and subsequent CARP's, included greenhouse gas (GHG) emission reports from 2005-2022. GHG emissions have fallen since 2018, according to inventories conducted as a part of this CARP update (Fig.
A). This document is the second edition of the CARP, which incorporates resiliency into climate work. By incorporating resilience into the climate plan, implementation work is eligible for federal Community Block Development Grant ("CDBG") funding.
Since 2007, the City has made progress towards climate goals. Much of this has been driven by State actions. In 2022 the State of California passed AB 1279, mandating that J
Agenda Item #
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Jazmin Ridley, Unhoused Resident Coordinator APPROVED BY: Tasha Johnson, Public Safety and Community Resources Director SUBJECT: Approval of a Budget Reallocation of $75,000 for a City Funded Coordinated Outreach Referral Engagement (C.O.R.E.) Team
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the budget reallocation of $75,000 to support 50% of a City funded C.O.R.E. Team through the end of FY25 from January 1, 2025 through June 30, 2025 using salary savings.
FISCAL IMPACT
The estimated cost of establishing a City C.O.R.E. Team is $150,000, with 50% to be funded with ERF funds the City was recently awarded and 50% City match required. It is recommended to reallocate vacancy savings from four unfilled Community Resource Specialists positions that will not be filled by end of fiscal year to the City portion, requiring a budget amendment for the re-allocation.
DISCUSSION
The City of Antioch recognizes homelessness as a substantial challenge affecting its diverse resident population. According to the 2024 Point in Time count, there has been a 24% increase in the City's homeless population since 2023, with a total of 413 individuals either utilizing shelter beds or living outdoors. This year, Antioch accounts for the highest rate of homelessness in the county, surpassing Richmond, which has a Point in Time count of 388.
The Coordinated Outreach Referral and Engagement (C.O.R.E.) program, operated by Contra Costa County, is the primary outreach initiative for individuals experiencing homelessness. C.O.R.E. teams provide persistent engagement, offering essential health services, basic needs support, and pathways to permanent housing. These teams are critical to the County's coordinated entry system, assessing housing and service needs, connecting individuals to shelter, and facilitating access to supportive services.
K
Agenda Item #
Antioch City Council Reporl
November 26, 2024 Agenda ltem#K 2
Currently, Antioch does not have its own City funded C.O.R.E. team. Residents must rely on limited resources, such as calling 2-1-1 or visiting CARE centers in Richmond or Walnut Creek. While county teams provide coverage from 7:00 AM to midnight, seven days a week, the absence of a dedicated City-funded team in Antioch limits its ability to address homelessness locally and comprehensively.
From January 1, 2024 to November 17, 2024, the following statistics were recorded for the City of Antioch:
• 5,393 engagements
• 1,675 unduplicated contacts
• 133 individuals placed into housing with a subsidy
• 51 individuals placed into housing without a subsidy
• 138 individuals placed into long-term shelter
• 27 individuals relocated to housing outside of the county • 22 individuals were referred to substance abuse treatment With a City funded team, Antioch will achieve even greater outcomes by concentrating efforts solely on its residents and enhancing service delivery.
In April 2024, the City of Antioch successfully applied for the Encampment Resolution Funding (ERF) Round 3 and was awarded the full requested amount of $6,812,686 on September 27, 2024. This funding will significantly enhance the City's capacity to address challenges associated with the encampment near Sunset Drive and Devpar Court, benefiting approximately 30-40 unsheltered residents. Currently, under ERF grant guidelines, the City funded team is authorized to serve only the encampment at Sunset Drive and Devpar Court. A portion of the grant will cover 50% of the costs for a C.O.R.E.
Outreach team dedicated to supporting those individuals living in the encampment. This resolution seeks to secure the remaining 50%-$75,000-to fund a full-time City supported C.O.R.E. team from January 1, 2025 to June 30, 2025. Additional funding for FY26/27 will be addressed in the upcoming two-year budget cycle.
In addition to outreach and engagement, a dedicated City of Antioch C.O.R.E. team will collaborate directly with the Police Department to handle welfare checks on unhoused individuals minimizing the need for police involvement and optimizing the use of City resources. Furthermore, the C.O.R.E. team will partner with the Angelo Quinto Community Response Team (AQCRT), which addresses non-violent and non-medical calls through the 911 system. The $75,000 provided by resolution will fund the remaining 50% of services, enabling the dedicated C.O.R.E. team to address critical areas throughout the city.
ATTACHMENTS
A. Resolution
ATTACHMENT A - RESOLUTION
RESOLUTION NO. 2024/xxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A BUDGET REALLOCATION OF $75,000 FOR A CITY FUNDED COORDINATED OUTREACH REFERRAL ENGAGEMENT (C.O.R.E.) TEAM WHEREAS, the California Department of Housing and Community Development (HCD) has announced that the City of Antioch has been awarded an Encampment Resolution Funding (ERF) award for their application under ERF Round 3R, Window 2, in the amount of $6,812,686.00 on September 27, 2024;
WHEREAS, the City will contract with the County's Health, Housing and Homelessness (H3) division to enhance outreach with a City funded C.O.R.E. Team and service connections for unhoused residents;
WHEREAS, a C.O.R.E. team will be funded from January 1, 2025 through June 30, 2027 totaling $370,058;
WHEREAS, the total cost for a City funded C.O.R.E. team for the period of January 1, 2025 through June 30, 2025, is $140,734;
WHEREAS, ERF will fund 50% of this cost, requiring a City match of the remaining 50%; and
WHEREAS, salary savings are available in the Public Safety and Community Resources Department (PSCR) that can be re-allocated to fund the City's portion of the C.O.R.E. team through June 30, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes the budget reallocation of $75,000 in salary savings in the Public Safety and Community Resources Department to support 50% of a City funded C.O.R.E. Team from January 1, 2025 through June 30, 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 November 26, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
7 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Nathan Tinclair, Associate Planner - NST
APPROVED BY: Kevin Scudero, Acting Community Development Director -KS SUBJECT: Tentative Map Approval Procedure Ordinance (LA2024-0002)
RECOMMENDED ACTION
It is recommended that the City Council introduce by title only and waive the further reading of the ordinance to adopt text amendments to Title 9, Chapter 4, Article 1 (Title, Purpose, Scope, and Advisory Agency) and Article 3 (Tentative Maps) of the Antioch Municipal Code to allow the Antioch Planning Commission to approve Tentative Maps.
FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact because of this action.
DISCUSSION
Title 9, Chapter 4 (Subdivisions) of the Antioch Municipal Code (“AMC”) contains regulations implementing the State of California’s Subdivision Map Act, including establishing the Antioch Planning Commission (“Planning Commission”) as the Advisory Agency, but also requiring that the City Council approve all Tentative Maps that are not considered minor.
In order to streamline Antioch’s development review process and make it more consistent with neighboring jurisdictions and the goals of the Housing Element, this proposed ordinance (“Ordinance”) amends AMC Title 9, Chapter 4, Articles 1 and 3 to assign the Planning Commission the sole authority to approve Tentative Maps as the Advisory Agency in compliance with the Subdivision Map Act, while designating the City Council to act as the Appeals Board for Tentative Map decisions and to continue approving Final Maps.
BACKGROUND
The Subdivision Map Act establishes local agency responsibilities for the design and division of improved and unimproved land. The Act requires that projects submit a Tentative and Final Map for all subdivisions containing five or more parcels, except under certain limited circumstances. Tentative Maps are reviewed by City Engineering and Community Development staff for compliance with development standards, general plan and/or specific plan guidelines, zoning provisions and other state and local regulations.
Antioch City Council Report
November 26, 2024 Agenda Item# 7 2
Processing also includes completing necessary environmental review in compliance with the California Environmental Quality Act (“CEQA”). Once staff has evaluated a Tentative Map application, the map is forwarded to the approving body (here, the Planning Commission) with a recommendation to approve, conditionally approve, or deny the map, depending on whether it complies with the above areas of evaluation, or otherwise poses a threat to health and safety. When a local agency approves or conditionally approves a Tentative Map, that approval confers the right to proceed with development in substantial compliance with the approved map. In order to complete the subdivision of land, the developer is required to submit a Final Map which shows substantial compliance with the Tentative Map.
The Subdivision Map Act authorizes the City to delegate the approval, conditional approval, or disapproval of Tentative Maps to the Planning Commission. The City of Antioch is an outlier among nearby jurisdictions in that it requires the City Council to approve both Tentative Maps and Final Maps. Nearby jurisdictions that allow their Planning Commissions to approve Tentative Maps include:
Pittsburg
Brentwood
Oakley
Walnut Creek
Concord
Contra Costa County (for unincorporated areas)
ANALYSIS
Antioch’s 2023-2031 General Plan Housing Element outlined a number of implementing programs to facilitate the production of housing in the City, including Implementing Program 4.1.1 “Maintain a Streamlined, Affordable Application Process.” As part of this program, the City committed to reviewing its development review procedures and modifying procedures and requirements that unduly impact the cost or supply of housing.
Requiring City Council approval for Tentative Maps adds weeks or months on to the timeline for entitlement approval. Additionally, including this additional level of discretionary review adds a layer of uncertainty to developments, which may not be experienced in other nearby jurisdictions.
Eliminating the necessity of an additional hearing also saves the project applicant hundreds of dollars in permitting costs for staff time preparing reports and presentations and attending the actual hearing, as well as the costs to prepare, distribute and publish an additional public hearing notice.
Adoption of this Ordinance will not change staff’s current duty of evaluating projects for compliance with local and state laws, plans and regulations. Furthermore, this Ordinance does not exempt projects from following the CEQA environmental review process.
In the event that a project requires entitlements that must be approved by the City Council, such as would be the case for a Planned Development or other rezoning or General Plan Amendment, the City Council would continue to be the final approving body for all of the project entitlements. This ordinance makes the approval of Tentative Maps consistent with the City Council’s role as the as the body that establishes citywide plans, guidelines Antioch City Council Report
November 26, 2024 Agenda Item# 7 3
and policy, and the Planning Commission as the body that evaluates individual projects.
The City Council will also serve as the sole body hearing appeals of any Tentative Map approvals. Therefore, in the event that a decision of the Planning Commission is controversial, and an appeal is filed in accordance with section 9-5.2509 of the Antioch Municipal Code, the City Council would make the ultimate determination as to whether the map meets the city’s adopted standards, and other relevant local, state and federal laws.
For these reasons, staff feels that this Ordinance will streamline development without sacrificing the City Council’s ability to be the ultimate arbiter of the discretionary approvals required for a development project.
PLANNING COMMISSION ACTION
On November 6, 2024, the Antioch Planning Commission held a public hearing regarding the proposed ordinance. There were no comments from the public. The Commission asked staff about the staff report, and process for reviewing tentative maps. Upon close of the public hearing, the Antioch Planning Commission voted 5-0, with one Commissioner absent, to recommend City Council approval of the proposed ordinance.
ENVIRONMENTAL REVIEW
The proposed Ordinance is not a project under CEQA, pursuant to CEQA Guidelines section 15378(b)(5) and Public Resources Code section 21065, because it constitutes organizational or administrative activities of the City that will not result in direct or reasonably foreseeable indirect physical changes in the environment. Specifically, the proposed Ordinance would only establish and clarify administrative processes required by state law and would not approve new construction or other groundbreaking activities.
Thus, there is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Accordingly, this Ordinance is not a project under CEQA and no further environmental review is required. This determination reflects the City’s independent judgment and analysis.
ATTACHMENTS
A. Proposed Ordinance
ATTACHMENT “A”
O
rdinance No. XXXX-C-S Page 1 of 5 [Adoption Date]
ORDINANCE NO. XXXX-C-S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING TITLE 9, CHAPTER 4, ARTICLES 1 AND 3 OF THE ANTIOCH
MUNICIPAL CODE, SUBDIVISIONS, TO ALLOW THE ANTIOCH PLANNING
COMMISSION TO APPROVE TENTATIVE MAPS, AND FINDING THE ACTION NOT A
PROJECT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, California’s Subdivision Map Act (Government Code §§ 66410 et seq.) establishes local agency responsibilities for the design and division of improved and unimproved land;
WHEREAS, the Subdivision Map Act defines “Advisory Agency” as “…an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps;”
WHEREAS, Title 9, Chapter 4 (Subdivisions) of the Antioch Municipal Code (“AMC”) contains regulations implementing the Subdivision Map Act, including establishing the Antioch Planning Commission (“Planning Commission”) as the Advisory Agency, but also requiring that the City Council approve all Tentative Maps that are not considered minor;
WHEREAS, the Subdivision Map Act, pursuant to Government Code section 66452.1, authorizes cities to delegate the approval, conditional approval, or disapproval of Tentative Maps to their designated advisory agencies; WHEREAS, The City of Antioch’s General Plan Housing Element (“Housing Element”) Implementing Program 4.1.1 requires the City to “identify ways to streamline and improve the development review process, as well as eliminate any unnecessary delays and restrictions in the processing of development applications…;” WHEREAS, this proposed ordinance (“Ordinance”) amends AMC Title 9, Chapter 4, Articles 1 and 3 to assign the Planning Commission the sole authority to approve Tentative Maps as the Advisory Agency in compliance with the Subdivision Map Act, while designating the City Council to act as the Appeals Board for Tentative Map decisions and to continue approving Final Maps;
WHEREAS, adopting this proposed Ordinance would streamline Antioch’s development review process and make it more consistent with neighboring jurisdictions; A1
Ordinance No. XXXX-C-S Page 2 of 5 [Adoption Date]
WHEREAS, on November 6, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Ordinance related to streamlining the Tentative Map approval process, received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter. Following the public hearing, the Planning Commission adopted Resolution No. 2024-16 recommending the City Council adopt the proposed Ordinance; WHEREAS, on November 26, 2024, the City Council held a duly noticed public hearing to consider the proposed Ordinance related to streamlining the Tentative Map approval process, received the staff report and staff presentation, received comments from the public and interested parties, considered the recommendation of the Planning Commission, and discussed the matter;
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
The City Council of the City of Antioch does ordain as follows:
SECTION 1: Recitals
The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2: Findings
The City Council finds that the Ordinance is necessary to further the public necessity, convenience, and general welfare in that the purpose of the Ordinance is to ensure that the City’s Municipal Code will comply with and implement the state Subdivision Map Act, as well as further goals of the Housing Element.
SECTION 3: City Council Review
The City Council has reviewed, considered, and evaluated all of the information prior to acting upon the Ordinance.
SECTION 4: Record of Proceedings
The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in and may be obtained from the City of Antioch’s Clerk’s Office, 200 H Street, Antioch, CA 94509 SECTION 5: Amendment to Section 9-4.104
Section 9-4.104 of the Antioch Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions indicated by strikethrough:
A2
Ordinance No. XXXX-C-S Page 3 of 5 [Adoption Date]
§ 9-4.104 ADVISORY AGENCY.
The Planning Commission is hereby designated as the Advisory Agency with respect to subdivisions in the following capacity as provided in the Subdivision Map Act, (Subdivisions) subsection (a) (b) of § 66452.1 and subsection (a) of § 66452.2 and (Minor Subdivisions) subsection (b) of § 66452.1, and shall have all the powers and duties with respect to subdivisions, the maps thereof, and the procedure relating thereto which are specified by law and the provisions of this chapter.
SECTION 6: Amendment to Section 9-4.312
Section 9-4.312 of the Antioch Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions indicated by strikethrough:
§ 9-4.312 COMMISSION ACTION.
The Commission shall consider the tentative map at a duly noticed public hearing within 50 days, unless such time is extended by the mutual consent of the subdivider and the Commission. and The Commission shall, by resolution, approve, conditionally approve, or disapprove of the map, make a written report with recommendations to the Council concerning the approval, conditional approval, or disapproval of the map, or any other conditions precedent thereto, and such improvements as may be required, and shall report such action in writing to the subdivider, the City Engineer, and such agencies as may request to be notified. The Planning Commission shall approve, conditionally approve or deny the tentative map within fifty (50) days after certification of an environmental impact report, adoption of a negative declaration or a determination by the City that the project is exempt from the requirements of the California Environmental Quality Act, within 50 days, unless such time is extended by the mutual consent of the subdivider and the Commission City. Any application for exceptions, as provided for in § 9-4.311 of this article, shall accompany the tentative map. In connection with the action to approve or conditionally approve the tentative map, the Commission may grant all or any part of such exceptions as may have been requested by the subdivider. and the recommendations of the Commission on the tentative map shall include the recommendations on any exception requested. Following the adoption of the recommendations on the tentative map, the map and recommendations shall be transmitted to the Council for action.
SECTION 7: Amendment to Section 9-4.313
Section 9-4.313 of the Antioch Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions indicated by strikethrough:
§ 9-4.313 COUNCIL ACTION APPEALS.
A3
Ordinance No. XXXX-C-S Page 4 of 5 [Adoption Date]
Following the receipt of the tentative map and the recommendations of the Commission, the Council shall consider the tentative map and the recommendations thereon, and shall, within 30 days, by resolution, approve, conditionally approve, or disapprove the tentative map, and shall report such action in writing to the subdivider, the City Engineer, and such agencies as may request to be notified. In connection with the action to approve or conditionally approve the tentative map, the Council may grant all or any part of such exceptions as may have been requested by the subdivider as provided for in § 9-
4.311 of this article. By mutual consent of the subdivider and the Council, the period of consideration of the tentative map by the Council may be extended.
Decisions of the Commission pursuant to this article shall be appealable solely to the Council as per § 9-5.2509 of the Antioch Municipal Code.
S
ECTION 8: Amendment to Section 9-4.314
Section 9-4.314 of the Antioch Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions indicated by strikethrough:
§ 9-4.314 EXPIRATION AND EXTENSION.
An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. Upon an application of the subdivider filed with the Engineering Division, prior to the expiration of the tentative map, and following the recommendation approval of the Commission, the time at which the map expires may be extended by the Council Commission by resolution, for a period of one additional year 12 additional months.
SECTION 9: CEQA
The City Council finds that the adoption of this Ordinance is not a project under CEQA, pursuant to CEQA Guidelines section 15378(b)(5) and Public Resources Code section 21065, because it constitutes organizational or administrative activities of the City that will not result in direct or reasonably foreseeable indirect physical changes in the environment. Specifically, the proposed Ordinance would only establish and clarify administrative processes required by state law and would not approve new construction or other groundbreaking activities. Thus, there is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Accordingly, this Ordinance is not a project under CEQA and no further environmental review is required. This determination reflects the City’s independent judgment and analysis.
SECTION 10: 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, unreasonable, or otherwise void, that determination shall have no effect on any other provision of this A4
Ordinance No. XXXX-C-S Page 5 of 5 [Adoption Date]
Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
SECTION 11: 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 26th day of November 2024, and passed and adopted at a regular meeting thereof, held on the ____day of ____ 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
A5
LA2024-0002
Tentative Map Process
Ordinance
City Council
November 26, 2024
Item 7 - Page 1
Tentative Maps
Item 7 - Page 2
Map Approval Details
Task Current Approver Proposed Approver
Review map and plans for
completeness and
consistency with relevant
standards incl. CEQA
Community Development
and Engineering Staff
Community Development
and Engineering Staff
Recommend approval of
tentative map
Planning Commission No formal action – staff
continue to review and
make recommendations
Approve tentative map City Council Planning Commission
Hear appeals None City Council
Review final map for
consistency with tentative
map
Engineering Staff Engineering Staff
Approve final map City Council City Council
Item 7 - Page 3
Benefits
• Consistency with neighboring ju risdictions
• Streamline development process
• Minor cost savings
• P
rocess
consistent with Cit y Council’s role of
setting policy, and Planning Commission’s role of
interpreting it.
Item 7 - Page 4
Questions?
Item 7 - Page 5
8 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Nathan Tinclair, Associate Planner - NST
APPROVED BY: Kevin Scudero, Acting Community Development Director -KS SUBJECT: Housing-Related Zoning Code Updates Ordinance (LA2024- 0003)
RECOMMENDED ACTION
It is recommended that the City Council introduce by title only and waive the further reading of the ordinance to adopt text amendments to Title 9, Chapter 5, Articles 2 (Definitions) and 38 (Land Use Regulations) of the Antioch Municipal Code, to reflect updated requirements for emergency shelters, major transit stops, supportive housing, transitional housing, employee housing, and replacement units required as part of development projects.
FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact because of this action.
DISCUSSION
This item proposes that the City Council adopt an ordinance amending the Zoning Code to meet new state law requirements and fulfill Housing Element implementation programs.
Specifically – the ordinance would make the following changes:
1. Update the definitions of Emergency Shelters and Major Transit Stops.
2. Add a section that creates Employee Housing as a land use category and provides guidelines for its development including that housing for six or fewer employees be considered a single-family structure, and that housing for agricultural employees be considered an agricultural use.
3. Clarify that both supportive and transitional housing projects are considered a residential use of property, subject to the same restrictions that apply to other dwellings of the same type in the same zone.
4. Add a section that establishes requirements for the replacement of dwelling units.
5. Update footnotes to Table of Land Use Regulations to reflect updates in State law.
BACKGROUND
The City of Antioch’s 2023-2031 Housing Element, which was adopted on January 24,
Antioch City Council Report
November 26, 2024 Agenda Item# 8 2
2023, and certified by the California Department of Housing and Community Development on October 12, 2023, outlines 67 implementing programs to support the production of housing for all income levels, household types, and needs, and deliver the 3,016 units assigned as part of Antioch’s Regional Housing Needs Allocation (RHNA).
Concurrently with the adoption of the Housing Element in January 2023, staff brought forward an ordinance, approved by City Council, amending several sections of the zoning code to comply with Housing Element policies and state laws, including changes to the design review process for multi-family projects, rezoning of parcels identified in the Housing Element, and updates to the allowed uses in residential and mixed-use zones.
On November 28, 2023, the City Council adopted two additional ordinances related to updating the zoning code in furtherance of the Housing Element and compliance with state laws, including establishing new requirements for accessory dwelling units (ADU’s).
Since development and adoption of the Housing Element, the State of California has continued to implement legislation regulating the ways in which cities evaluate housing project applications, including AB 2553, discussed further below.
This proposed ordinance is in furtherance of the following Housing Element programs and state laws:
Housing Element Programs
3.1.5 Emergency Shelters, Supportive, and Transitional Housing – this program requires updates to the zoning code to accommodate emergency shelters, supportive and transitional housing. The zoning code was previously amended to update requirements for emergency shelters, to allow supportive housing in multi-family zoning districts, as well as allow transitional housing subject to the same standards and procedures of residential uses in the same zone.
3.1.6 Zoning for Employee Housing— this program requires updates to the zoning code to accommodate employee housing – including defining housing for six or fewer employees as a single-family structure, as well as treating agricultural employee housing for 36 beds or less in group setting, or 12 individual units or less, as an agricultural use.
5.1.18 Replacement Housing—this program requires that replacement of units affordable to the same or lower income level be included as a condition of development on any nonvacant site identified in the Housing Element.
State Laws
AB 2553 – passed in 2023. This legislation updates the definition of “Major Transit Stop” – which includes rail or bus rapid transit stations, ferry terminals served by bus or rail transit, and the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less (was previously 15 minutes or less). In Antioch, the only locations currently meeting the definition of a Major Transit Stop are the Antioch BART station and Antioch-Pittsburg Amtrak station.
SB 330/AB 1218 – SB 330, the Housing Crisis Act of 2019, added replacement unit requirements applicable to housing developments proposing to demolish existing Antioch City Council Report
November 26, 2024 Agenda Item# 8 3
dwelling units. AB 1218, passed in 2023, expanded these replacement unit requirements to all development projects demolishing protected units.
ANALYSIS
The proposed ordinance implements Housing Element programs, codifies state law, and provides clarification and upkeep for the Antioch Municipal Code.
Antioch’s zoning regulations only allow for the continuation of the small amounts of existing agricultural uses, not expansion of agriculture, so staff does not anticipate that the employee housing amendments will result in significant development of agricultural workforce housing in Antioch. Small employee housing for six or fewer residents would be treated as a single-family house and could be developed in neighborhoods throughout the city.
The requirement for replacement dwelling units comes from state housing element law and the Housing Crisis Act of 2019. Projects that replace protected dwelling units would be required to provide comparable replacement units affordable to the same income level.
Government Code section 66300.5 defines protected units as:
1) Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income in the past five years;
2) Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years;
3) Residential dwelling units that are or were rented by lower or very low-income households within the past five years;
4) Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75… of Division 7 of Title 1 within the past 10 years.
There is an additional requirement that housing development projects must create at least as many units as they will demolish, as well as replacement unit requirements for non- vacant sites listed within the Housing Element inventory of available sites.
The proposed ordinance clarifies that per Government Code section 65583(c)(3), supportive housing (i.e. transitional housing) is also allowed subject to the same standards and procedures of residential uses in the same zone, and it adds a footnote better defining transitional housing.
The table below summarizes the proposed text amendments and the reason for requesting them:
Antioch City Council Report
November 26, 2024 Agenda Item# 8 4
AMC Section Summary of
Amendments
Reason for
Amendments
9-5.203 DEFINITIONS Clarifying that emergency
shelters include navigation
centers, bridge housing,
respite or recuperative
care.
Housing Element Program
3.1.5 Emergency Shelters,
Supportive and
Transitional Housing
Changing frequency of bus
service required to be
considered a Major Transit
Stop from intervals of 15
minutes or less to 20
minutes or less.
AB 2553
9-5.3803 TABLE OF LAND
USE REGULATIONS
Add new category
Employee Housing with
footnotes 20 (employee
housing for six or fewer
considered a single-family
structure) and 21
(agricultural housing
developments).
Housing Element Program
3.1.6 Zoning for Employee
Housing
Make Supportive Housing
permitted by right in RE/RR
and R-4/R-6 districts
subject to footnotes 11 and
17. Footnote 17 amended
to clarify that supportive
housing is subject to only
those restrictions that apply
to other dwellings of the
same type in the same
zone.
Housing Element Program
3.1.5 Emergency Shelters,
Supportive and
Transitional Housing
Government Code section
65583(c)(3)
Make Transitional Housing
permitted by right in RE/RR
and R-4/R-6 districts
subject to footnotes 11 and
22. Footnote 22:
transitional housing is
subject to only those
restrictions that apply to
other dwellings of the same
type in the same zone.
Housing Element Program
3.1.5 Emergency Shelters,
Supportive and
Transitional Housing
Government Code section
65583(c)(3)
9-5.3809 AGRICULTURAL
USES
Amend to read that
employee housing is also
permitted subject to § 9-
5.3851.
Housing Element Program
3.1.6 Zoning for Employee
Housing
Antioch City Council Report
November 26, 2024 Agenda Item# 8 5
9-5.3851 EMPLOYEE
HOUSING
Establishes regulations for
development of employee
housing. Employee housing
for six or fewer deemed a
single-family structure.
Agricultural employee
housing of up to 36 beds in
group quarters, or 12
individual units, is
considered an agricultural
use.
Housing Element Program
3.1.6 Zoning for Employee
Housing
9-5.3852 REPLACEMENT
OF DWELLING UNITS
Establishes replacement
unit requirements for
certain projects that involve
the demolition of dwelling
units.
Housing Element Program
3.1.8 Replacement
Housing
SB 330/AB 1218
PLANNING COMMISSION ACTION
On November 6, 2024, the Antioch Planning Commission held a public hearing regarding the proposed ordinance. There were no comments from the public. The Commission asked staff about the staff report, and for clarification regarding replacement unit requirements and the definition of protected units. Upon close of the public hearing, the Antioch Planning Commission voted 5-0, with one Commissioner absent, to recommend City Council approval of the proposed ordinance.
ENVIRONMENTAL REVIEW
The proposed Ordinance is not a project under CEQA, pursuant to CEQA Guidelines section 15378(b)(5) and Public Resources Code section 21065, because it constitutes organizational or administrative activities of the City that will not result in direct or reasonably foreseeable indirect physical changes in the environment. Specifically, the proposed Ordinance would only establish and clarify administrative processes required by state law and would not approve new construction or other groundbreaking activities.
Thus, there is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. Accordingly, this Ordinance is not a project under CEQA, and no further environmental review is required. This determination reflects the City’s independent judgment and analysis.
ATTACHMENTS
A. Proposed Ordinance
ATTACHMENT “A”
O
rdinance No. XXXX-C-S Page 1 of 28 [Adoption Date]
ORDINANCE NO. XXXX-C-S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING TITLE 9, CHAPTER 5, ARTICLES 2 AND 38 OF THE ANTIOCH
MUNICIPAL CODE, ZONING, TO IMPLEMENT ZONING MODIFICATIONS RELATED
TO THE GENERAL PLAN HOUSING ELEMENT AND UPDATES TO STATE LAW,
AND FINDING THE ACTION NOT A PROJECT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the state Housing Element Law (Cal. Gov. Code §§ 65580 – 65589.11) requires that the City of Antioch (“Antioch” or “City”) adopt a General Plan Housing Element for the eight-year period of 2023-2031 (“Housing Element”), to accommodate the City’s regional housing need allocation (RHNA), and identify actions that will be taken to accommodate that portion of the City’s share of the regional housing need for each income level, that could not be accommodated on sites identified in the Housing Element inventory without rezoning (Gov. Code § 65583(c)(1)).
WHEREAS, on January 24, 2023, the City adopted the Housing Element and on October 12, 2023, the California Department of Housing and Community Development certified the Housing Element;
WHEREAS, to accommodate the RHNA allocation and increase the production and availability of housing in Antioch, the Housing Element outlines 67 separate Implementing Programs (“Program or Programs”), including Program 3.1.6, Zoning for Employee Housing, and Program 5.1.18, Replacement Housing; WHEREAS, Title 9, Chapter 5 (Zoning) of the Antioch Municipal Code (“AMC”) contains the City’s zoning and land use regulations;
WHEREAS, to implement these Housing Element Programs, as well as maintain compliance with state Housing Element Law, AMC Title 9, Chapter 5, Articles 2 (Definitions) and 38 (Land Use Regulations) must be amended to update requirements for emergency shelters, major transit stops, supportive housing, transitional housing, employee housing, and replacement units required as part of development projects; WHEREAS, this proposed ordinance (“Ordinance”) amends AMC Title 9, Chapter 5, Articles 2 and 38 to fulfill Housing Element Programs and comply with State law; WHEREAS, on November 6, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Ordinance related to Zoning code amendments to implement Housing Element Programs, received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter.
A1
O
rdinance No. XXXX-C-S Page 2 of 28 [Adoption Date]
Following the public hearing, the Planning Commission adopted Resolution No. 2024-15 recommending the City Council adopt the proposed Ordinance; WHEREAS, on November 26, 2024, the City Council held a duly noticed public hearing to consider the proposed Ordinance related to Zoning code amendments to implement Housing Element Programs, received the staff report and staff presentation, received comments from the public and interested parties, considered the recommendation of the Planning Commission and discussed the matter; WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
The City Council of the City of Antioch does ordain as follows:
SECTION 1: Recitals
The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
SECTION 2: Findings
The City Council finds that the Ordinance is necessary to further the public necessity, convenience, and general welfare in that the purpose of the Ordinance is to ensure that the City’s Municipal Code will comply with state law, as well as implement Housing Element Programs.
SECTION 3: City Council Review
The City Council has reviewed, considered, and evaluated all of the information prior to acting upon the Ordinance.
SECTION 4: Record of Proceedings
The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the City of Antioch’s Clerk’s Office, 200 H Street, Antioch, CA 94509 SECTION 5: Amendment to Section 9-5.203
Section 9-5.203 of the Antioch Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions indicated by strikethrough:
§ 9-5.203 DEFINITIONS.
E
MERGENCY SHELTER. A temporary, short-term residence providing housing with minimal support service for homeless families or individual persons where occupancy is limited to six months or less, as defined in Cal. Health and Safety Code § 50801. Medical assistance, counseling, and meals may be provided. An emergency shelter shall include other interim interventions, including, A2
Ordinance No. XXXX-C-S Page 3 of 28 [Adoption Date]
but not limited to, a navigation center, bridge housing, and respite or recuperative care.
MAJOR TRANSIT STOP. Consistent with California Public Resources Code Section 21064.3, a site containing any of the following:
(a) An existing rail or bus rapid transit station
(b) A ferry terminal served by either a bus or rail transit service
(c) The intersection of two or more major bus routes with a frequency of service interval of 15 20 minutes or less during the morning and afternoon peak commute periods.
SECTION 6: Amendment to Section 9-5.3803
Section 9-5.3803 of the Antioch Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions indicated by strikethrough:
A3
Ordinance No. XXXX-C-S Page 4 of 28 [Adoption Date]
§ 9-5.3803 TABLE OF LAND USE REGULATIONS.
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-3
5 PB
C
C-0
C-1
C-2
C-3
MC
R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
RESIDENTIAL USES
Day-care
centers (§ 9-
5.3832)
U
U
U
U
U
U
U
U
U
U
U
U
—
—
U
—
U
*
—
—
—
—18
Senior
Group
Housing10
P
P
U
U
U
U
—
—
—
—
—
U
U
—
—
—
U
*
—
—
—
P
Family
care
home10
P
P
P
P
—
—
—
—
—
—
—
U
U
—
—
—
U
—
—
—
P
Fraternity-
sororit y
house/
dormitory
U
U
U
U
U
U
—
—
—
—
—
U
—
—
—
—
—
*
—
—
—
__
Employee
Housing (§ 9-
5.3809 & §
9-5.3851)
P20, 21
P20
P20
P20
P20
P20
—
—
—
—
—
—
—
P21
—
—
—
—
—
—
—
—
Home
occupations
A
A
A
A
A
A
A
—
—
—
—
—
*
—
—
P
P
Hospice10 — — U U U U — U U — — U — — — — U
2 * — — — __
A4
Or
dinance No. XXXX-C-S Page 5 of 28 [Adoption Date]
RE
RR
R-4
R-6
R-1 0 R-2
0 R-2
5 R-3
5 P
B
C
C-0
C-1 C-2 C-3
MC
R WF
OS M-1 M-2 H ES9 CB TH CIH
14 IH
Low Barrier
Navigation
Center
P P P P P P
Mobile
home park — — U U U U — — — — — — — — — — — * — — — __ Multiple-
family:
condominium
, apartment,
town-house
(§ 9-
5.3820)
— — P 11 P 11 P 11 P 11 — — — — — P 11 — — — — U
2 * — —
P15
U1
6 —19
Recreational
vehicle park
(§ 9-5.3830) — — — —
— — — — — — U — U — — U — * — — — __
Residential
care facility10 — — U U U U — U U — — U — — — — U * — — — __ Supportive
Housing
P11, 17 P11, 17 P11, 17 P11, 17 P11, 17 P11, 17 P11, 17 U P, 17 P, 17 P 15, 17 P17
Residential
hotel
— — U U U U — U U U U U — — — — — * — — — __
A5
Ordinance No. XXXX-C-S Page 6 of 28 [Adoption Date]
RE
RR
R-4
R-6
R-1 0 R-2
0 R-2
5 R-
3 5
PB
C
C-0
C-1
C-2
C-3
MC
R
WF
OS
M-1
M-2
H
ES9
CB
TH
CIH
14 IH
Room &
boarding
house
—
—
U
U
U
U
—
U
U
U
U
U
—
—
—
—
—
*
—
—
—
__
Accessory
Dwelling Unit
(§ 9-5.3805)
A A A A A A — — — — — — — — — — — * — — — __
Cottage
Community
P
Single-
family
dwelling
P
P
U
P1
P1
P1
—
—
—
—
—
U
U
—
—
—
—
*
—
—
—
__
Tobacco and
paraphernalia
retailers (§9-
5.3843)
—
—
—
—
—
—
—
—
—
—
U
—
—
—
—
—
—
—
—
—
—
__
Two-family
dwelling
—
—
P
P
P
P
—
—
—
—
—
U
—
—
—
—
—
*
—
—
— __
Transitional
Housing
P11,
22 P11,
22 P11, 22
P11, 22
P11, 22
P11,
22 —
—
—
—
—
P11, 22
—
—
—
—
U
P22
—
U
P15
U16
P11,
22 PUBLIC AND SEMI-PUBLIC USES
Bus & transit
maintenance
facility
—
—
—
—
—
—
—
—
—
—
—
—
U
—
U
U
—
*
—
—
—
__
A6
Ordinance No. XXXX-C-S Page 7 of 28 [Adoption Date]
Bus & train
terminal
—
—
—
—
—
—
—
—
—
—
—
—
U
—
U
U
—
*
—
—
—
__
Clubs &
Lodges (private
& public)
—
U
U
U
U
U
U
U
U
U
U
U
U
—
—
—
U
*
—
—
—
__
RE
RR
R-4
R-6
R-1 0 R-2
0 R-2
5 R-
3 5
PB
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
ES9
CB
TH
CIH
14 IH
Convalescent
and Extended
Care
—
—
U
U
U
U
—
—
—
—
—
U
—
—
—
—
U
—
—
—
—
__
Correctional
facility12
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
—
—
—
—
__
Cultural
institutions
—
—
—
—
—
—
U
U
—
U
U
U
U
—
U
—
U
*
—
—
—
__
Government
offices
—
—
—
—
—
—
U
P
P
P
P
U
—
—
U
U
—
*
—
—
—
__
Heliport (§ 9-
5.3806)
—
—
—
—
—
—
U
—
—
—
—
—
U
—
U
U
U
*
—
—
—
__
Emergency
shelter
— — — — — — — — — — — — — — U U —P — — — __
A7
Ordinance No. XXXX-C-S Page 8 of 28 [Adoption Date]
RE
RR
R-4
R-6
R-1
0 R-2 0 R-2
5 R-
3 5
P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
Hospitals (§
9-5.3827):
Acute care — — — — — — U U — — — U — — U — U * — — — __ Rehabilitation — — — — — — U U — — — U — — U — U * — — — — Psychiatric/
chemical
dependency
—
—
—
—
—
—
U
U
—
—
—
U
—
—
U
—
U
*
—
—
—
—
Medical
care—urgent
—
—
—
—
—
—
U
U
—
—
—
U
—
—
P
U
P
*
—
—
—
—
Parks P P P P P P P P — U U U P P U U — * — — — — Public assembly U U U U U U U U U U U U U U U U U * — — — — 18 Public safety
facilities
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
*
—
—
—
—
Public utility
yard
—
—
—
—
—
—
—
—
—
—
—
—
U
—
U
U
—
*
—
—
—
—
Religious
assembly3 (§ 9-
5.3832)
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
*
—
—
—
—
Satellite antenna (§
9-5.3807)
A
A
A
A
A
A
A
A
A
A
A
A
A
—
A
A
A
*
—
—
—
—
A8
Ordinance No. XXXX-C-S Page 9 of 28 [Adoption Date]
Schools, private
and preschools
U
U
U
U
U
U
U
U
U
U
—
U
—
—
U
—
U
*
—
—
—
—18
RE
RR
R-4
R-6
R-1 0 R-2 0 R-2
5 R-
3 5
PB
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
Utility
substations
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
U
*
—
—
—
—
COMMERCIAL USES
Adult book stores,
motion picture
arcades, and model
studios (§
9-5.3808)
—
—
—
—
—
—
—
—
—
U
U
—
—
—
—
—
—
*
—
—
—
—
Adult
entertainment,
other (§
9-5.3808)
—
—
—
—
—
—
—
—
—
U
U
—
—
—
—
—
—
*
—
—
—
—
Agricultural uses (§
9-5.3809)
P
—
—
—
—
—
—
—
—
—
—
—
—
P
—
—
—
*
—
—
—
—
Appliance
maintenance &
repair services:
Major — — — — — — — — — P P P — — P P — * — — — — A9
Ordinance No. XXXX-C-S Page 10 of 28 [Adoption Date]
Minor — — — — — — — P P P P P — — P P — * — — — — Amusement center
(§ 9-5.3813)
—
—
—
—
—
—
—
—
U
U
U
U
U
—
—
—
—
*
—
— —
—
RE
R
R
R-4
R-6
R-1
0 R-2 0
R-2
5 R-
3 5
P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
E
S9
CB
TH
CIH
14 IH
Animal hospital
veterinary clinics
—
—
—
—
—
—
U
—
U
U
U
U
—
—
U
U
—
*
—
—
—
—
Antique store — — — — — — — — — P P A U — U — — * — — — — Auto sales, rental — — — — — — U — — U U U — — — — — * — — — — Auto storage — — — — — — — — — — — — — — U U — * — — — — Auto service
station (§
9-5.3815)
—
—
—
—
—
—
—
—
U
U
U
U
—
—
U
U
—
*
—
—
—
—
Auto repair:
Major — — — — — — U — — — U U — — U P — * — — — — Minor — — — — — — U — U U U U — — P P — * — — — — Bakeries-retail — — — — — — — — P P P P U — P P — * — — — — Bank or savings
& loan
—
—
—
—
—
—
P
P
P
P
P
P
—
—
—
—
—
*
—
—
—
—
Bar (§ 9-5.3831) — — — — — — — — — U U U U — — — — * — — — — A10
Ordinance No. XXXX-C-S Page 11 of 28 [Adoption Date]
Barber & beauty
shop
—
—
—
—
—
—
—
—
P
P
P
P
—
—
—
—
—
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2 0 R-2
5 R-
3 5
P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
E
S9
CB
TH
CIH
14 IH
Bed and breakfast
inns (§ 9-5.3819)
U
U
—
—
—
—
—
—
—
—
—
U
U
—
—
—
—
*
—
—
—
—
Boat repair
Major — — — — — — U — — — U U U — U P — * — — — — Minor — — — — — — U — U U U U U — P P — * — — — — Boat, RV—
storage facility
(§
9-5.3810)
—
—
—
—
—
—
—
—
—
—
U
U
U
—
U
P
—
*
—
—
—
—
Bowling alleys (§ 9-
5.3831)
—
—
—
—
—
—
—
—
—
U
U
U
—
—
—
—
—
*
—
—
—
—
Cannabis
business (§
9-5.3845)
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U13
—
—
—
Car and vehicle
wash
—
—
—
—
—
—
—
—
—
U
U
U
U
—
U
U
—
*
—
—
—
—
Card room — — — — — — — — — U U — — — — — — * — — — — A11
Ordinance No. XXXX-C-S Page 12 of 28 [Adoption Date]
Catering services — — — — — — — — — P P P A — U — — * — — — — Clothing store — — — — — — — — — P P P A — — — — * — — — — RE
RR
R-4
R-6
R-1
0 R-2 0 R-2
5 R-
3 5
P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
E
S9
CB
TH
CIH
14 IH
Combined
residential/commer
cial structure
—
—
—
—
—
—
—
—
—
—
—
U
U
—
—
—
—
*
—
—
—
—
Computer
gaming and
internet access
business
—
—
—
—
—
—
—
—
U
—
—
—
—
—
—
—
—
—
—
Confectionery
stores
—
—
—
—
—
—
—
—
P
P
P
P
A
—
—
—
—
*
—
—
—
—
Dance hall — — — — — — — — — U U U — — U — — * — — — — RE
RR
R-4
R-6
R-1
0 R-2 0 R-2
5 R-
3 5
P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
ES
9 C
B
TH
CIH
14 IH
Drive-up window
(all uses)
—
—
—
—
—
—
U
U
U
U
U
U
—
—
U
U
U
*
—
—
—
—
Dry cleaning
agencies; pick-up
and self-serve
—
—
—
—
—
—
—
—
P
P
P
P
—
—
—
—
—
*
—
—
—
—
A12
Ordinance No. XXXX-C-S Page 13 of 28 [Adoption Date]
Florist shop — — — — — — P — P P P P — — — — P * — — — — Food stores (§ 9-
5.3831):
Convenience
store
—
—
—
—
—
—
—
—
U
U
U
U
U
—
—
—
U
*
—
—
—
—
Supermarket — — — — — — — — U P P U — — — — — * — — — — Fortune-teller’s — — — — — — — — — U U U — — — — — * — — — — Funeral parlor &
mortuary
—
—
—
—
—
—
—
—
U
U
U
U
—
—
—
—
—
*
—
—
—
—
Furniture stores — — — — — — — — — P P U — — — — — * — — — — Gift shop — — — — — — — — — P P P P — — — — * — — — — Gun sales (§
9-5.3833)
—
—
—
—
—
—
—
—
—
U
U
U
U
—
—
—
—
*
—
—
—
—
Hardware store — — — — — — — — U P P U U — — — — * — — — — Health
club/fitness
center
—
—
—
—
—
—
U
—
U
P
P
U
—
—
U
—
U
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2 0 R-2
5 R-
3 5
PB
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-
2 H
ES
9 C
B
TH
CIH
14 IH
Hotel & motels — — — — — — U 5 U — P P P U — U5 — U * — — — — Jewelry store — — — — — — — — — P P P U — — — — * — — — — Kennels — — — — — — — — — U U — — — U U — * — — — — A13
Ordinance No. XXXX-C-S Page 14 of 28 [Adoption Date]
Laboratories;
medical, dental,
optical
—
—
—
—
—
—
P
P
U
U
U
U
—
—
U
—
P
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2 0 R-2
5 R-3
5 P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-
2 H
E
S9
CB
TH
CIH
14 IH
Launderette — — — — — — — — P P P P — — — — — * — — — — Liquor stores (§ 9-
5.3831)
—
—
—
—
—
—
—
—
U
U
U
U
—
—
—
—
—
*
—
—
—
—
Live
entertainment
—
—
—
—
—
—
—
—
—
U
U
U
U
—
—
—
—
*
—
—
—
—
Marina — — — — — — — — — — — — U — — — — * — — — — Miniature golf
courses
—
—
—
—
—
—
—
—
—
U
U6
U
—
—
U
—
—
*
—
—
—
—
Mini-storage — — — — — — — — — — — U U — U P — * — — — — Nurseries
(horticulture) (§
9-5.3824)
—
—
—
—
—
—
—
—
—
P
P
U
U
—
P
P
—
*
—
—
—
—
Offices:
Business &
professional
—
—
—
—
—
—
P
P
U
P
P
P
U
—
—
—
P
*
—
—
—
__18
A14
Ordinance No. XXXX-C-S Page 15 of 28 [Adoption Date]
Medical
(includes clinics)
—
—
—
—
—
—
P
P
U
P
P
P
U
—
—
—
P
*
—
—
—
—
Paint store — — — — — — — — — P P U — — U — — * — — — — Parking lot
(commercial) (§ 9-
5.3837)
—
—
—
—
—
—
A
A
A
A
A
A
A
A
P
P
A
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2 0 R-2
5 R-3
5 P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-
2 H
E
S9
CB
TH
CIH
14 IH
Pawn shops — — — — — — — — — U U U — — — — — * — — — — Pet shop — — — — — — — — P P P P U — — — — * — — — — Pharmacy — — — — — — U P P P P P A — P P P * — — — — Photographer — — — — — — — P P P P P A — U — — * — — — — RE RR R-4
R-6
R-1
0 R-2 0 R-2
5 R-3
5 P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-
2 H
E
S9
CB
TH
CIH
14 IH
Printing & blue
printing
—
—
—
—
—
—
—
P
P
U
U
U
—
—
P
P
—
*
—
—
—
—
Radio & TV
sales &
repair
—
—
—
—
—
—
—
—
U
P
P
P
—
—
—
—
—
*
—
—
—
—
A15
Ordinance No. XXXX-C-S Page 16 of 28 [Adoption Date]
Recyclin
g
facilities:
Reverse
vending
machines (§
9-5.3811)
—
—
—
—
—
—
—
—
P
P
P
P
—
—
P
P
—
*
—
—
—
—
Small
collection
facility (§
9-5.3812)
—
—
—
—
—
—
—
—
A
A
A
A
—
—
A
A
—
*
—
—
—
—
Large
collection
facility (§
9-5.3813)
—
—
—
—
—
—
—
—
A
A
A
A
—
—
A
A
—
*
—
—
—
—
Light
processin
g facility
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Heavy
processin
g facility
(§ 9-
5.3815)
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Repair service — — — — — — — — — — U U U7 — P P — * — — — —
A16
Ordinance No. XXXX-C-S Page 17 of 28 [Adoption Date]
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-3
5 PB
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-
2 H
E
S9
CB
TH
CIH
14 IH
Restaurants (§§
9-5.3823 and
9-5.3831):
General — — — — — — P P P P P P P — U5 — — * — — — — Fast food — — — — — — U — — U U U U — U5 — — * — — — — Outdoor seating
&
food service
—
—
—
—
—
—
U
U
U
U
U
U
U
—
U5
U
—
*
—
—
—
—
Take
out/delivery
—
—
—
—
—
—
P
U
P
P
P
P
U
—
U5
—
—
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-3
5 P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-
2 H
E
S9
CB
TH
CIH
14 IH
With bar & live
entertainment
—
—
—
—
—
—
—
—
—
U
U
U
U
—
—
—
—
*
—
—
—
—
Retail; general
and specialty
—
—
—
—
—
—
—
—
P
P
P
P
A
—
—
—
—
*
—
—
—
—
Secondhand sales — — — — — — — — — — U U — — — — — * — — — — Shoe repair shop — — — — — — — — P P P P — — — — — * — — — — A17
Ordinance No. XXXX-C-S Page 18 of 28 [Adoption Date]
RE
RR
R-4
R-6
R-1 0 R-2
0 R-2
5 R-
3 5
P
B
C
C-0
C-1
C-
2 C-3
MC
R
WF
OS
M-1
M-
2 H
E
S9
CB
TH
CIH
14 IH
Vehicle/boat/
equipment
sales & rental
(§
9-5.3825)
—
—
—
—
—
—
U8
—
—
U
U
U
U
—
U
U
—
*
—
—
—
—
INDUSTRIAL USES
Animal rendering — — — — — — — — — — — — — — — U — * — — — — Sign shop — — — — — — — — — U U — — — U — — * — — — — Studios (e.g.,
dance, martial
arts)
—
—
—
—
—
—
—
—
—
P
P
P
—
—
—
—
—
*
—
—
—
—
Tailor shop — — — — — — — — — P P P — — — — — * — — — — Tattoo studio — — — — — — — — — U U U — — — — — * — — — — Theaters — — — — — — — — — U U U U — — — — * — — — — Upholstery shop — — — — — — — — — U U U — — U P — * — — — — Wireless
Communications
Facilities (§
9-5.3846)
As subject to § 9-5.3846
Variety store — — — — — — — — — P P P P — — — — * — — — — A18
Ordinance No. XXXX-C-S Page 19 of 28 [Adoption Date]
Bakery-
commercia
l
—
—
—
—
—
—
—
—
—
—
—
—
—
—
P
P
—
*
—
—
—
—
Beverage
bottling plant
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
P
—
*
—
—
—
—
Boat building — — — — — — — — — — — — U — U P — * — — — — Cement or
clay products
manufacturing
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Concrete
batch plant
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Contractor’
s storage
yard
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
P
—
*
—
—
—
—
Dairy
products
processing
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
P
—
*
—
—
—
—
Dry
cleaners
processing
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Exterminator — — — — — — — — — — — — — — U P — * — — — — Finished
paper
production
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Food
processing plant
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
P
—
*
—
—
—
—
A19
Ordinance No. XXXX-C-S Page 20 of 28 [Adoption Date]
Fuel yard;
bulk
petroleum
storage
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-
3 5
P
B
C
C-0
C-1
C-
2 C-3
M
C
R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
Garment
manufacture
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Hazardous waste
facilities (§
9-5.3826):
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Small generator
(§ 9-5.3826)
—
—
—
—
—
—
—
—
U
U
U
U
—
—
U
U
—
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-
3 5
PB
C
C-0
C-
1 C-
2 C-3
M
C R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
Large generator
(§ 9-5.3826)
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Processor (§
9-5.3826)
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Household
hazardous waste
facility (§
9-5.3826)
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
A20
Ordinance No. XXXX-C-S Page 21 of 28 [Adoption Date]
Junk yard/auto
wrecking yard
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Lumber yard — — — — — — — — — — — — — — U U — * — — — — Machine shop — — — — — — — — — — — — — — U P — * — — — — Manufacturing or
s t o r a g e of explosives,
acid, cement,
fertilizer, gas,
inflammable
fluids, glue,
gypsum, lime,
plaster of paris
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Mining & quarry;
resource
extraction
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Oil & gas drilling — — — — — — — — — — — — — — — U — * — — — —
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-
3 5
P
B
C
C-0
C-
1 C-
2 C-3
M
C
R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
Oil & gas
production
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Photographic
plants
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
A21
Ordinance No. XXXX-C-S Page 22 of 28 [Adoption Date]
Plastic
fabrication
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Research &
development
—
—
—
—
—
—
U
—
—
—
—
U
—
—
U
U
—
*
—
—
—
—
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-3
5 PB
C
C-0
C-
1 C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
Residual
repository (§
9-5.3826)
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Salvage/war
surplus yards
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
Solid waste
transfer station
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Smelting or
processing of
iron, tin zinc or
other ore
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Stockyards/
slaughterhouses
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
—
*
—
—
—
—
Stone monument
works
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
P
—
*
—
—
—
—
Truck terminal
yard
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
U
—
*
—
—
—
—
A22
Ordinance No. XXXX-C-S Page 23 of 28 [Adoption Date]
Truck & tractor
repair
—
—
—
—
—
—
—
—
—
—
—
—
—
—
U
P
—
*
—
—
—
—
Warehousing &
wholesaling
—
—
—
—
—
—
U
—
—
—
—
—
—
—
U
P
—
*
—
—
—
—
TEMPORARY USES
RE
RR
R-4
R-6
R-1
0 R-2
0 R-2
5 R-
3 5
PB
C
C-0
C-
1 C-
2 C-3
MC
R
WF
OS
M-1
M-2
H
ES
9 CB
TH
CIH
14 IH
Removal of earth
(§ 9-5.3822)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
—
—
—
—
Temporary
construction
building and uses
(§ 9-5.3821)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
—
—
—
A
Outdoor display
of merchandise
(in conjunction
with a
non-residential
use)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
—
—
—
—
A23
Ordinance No. XXXX-C-S Page 24 of 28 [Adoption Date]
Special outdoor
events (§§
9-5.3828 and
9-5.3831)
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
*
—
—
—
—
Christmas tree
and pumpkin sale
lots (§ 9-5.3829)
—
—
—
—
—
—
A
A
A
A
A
A
—
—
A
A
—
*
—
—
—
—
1. Single-family dwellings existing prior to the effective date of this section are permitted uses, conforming to the R-20 zone; however, development of new single-family dwelling units, other than replacement of existing single- family dwellings, are prohibited within the R-20, R-25, and R-35 zones.
2. Use may be permitted as an ancillary use if it is incidental to an otherwise permitted or conditionally permitted use within this zoning district.
3. Legally established churches existing prior to the effective date of this section are permitted uses, conforming to the PBC, C-O, C-1, C-2, and C-3 zone; however, development of new religious assembly uses, other than replacement of existing uses, is prohibited within these zoning districts.
4. Funeral services are limited to “J” Street, Fourth Street, and the area between Fourth and Fifth Streets.
5. May be located only on sites adjacent to freeway interchanges.
6. May be located along Somersville Road north of the SR-4 freeway.
7. Marine repair only. Permitted as an ancillary service for waterfront activities.
8. Boat sales and repair only.
9. In the case of the Emergency Shelter Overlay District, where no letter or number is included in the table for a particular land use, the regulations of the base zone apply. Emergency shelters are permitted by right in the Emergency Shelter Overlay District if they meet all standards of § 9-5.3835, Emergency Shelters, of this article.
10. Hospices and residential care facilities providing care for up to six patients are a permitted use in any district where residential uses are allowed.
11. Permitted by right subject to compliance with all other applicable standards and design review pursuant to Article 26 and 27.
A24
Ordinance No. XXXX-C-S Page 25 of 28 [Adoption Date]
12. Subject to a conditional use permit on a site at least one quarter mile from any type of residential care facility, social service institution, welfare institution, or a similar type of facility; at least one mile from another correctional facility; and at least 1,000 feet from a school, library, public park, recreation area or any property zoned or used for residential development. See § 9-5.3838, Correctional Facilities, for additional requirements.
13. Cannabis business requires approval of a use permit by the City Council upon recommendation by the Planning Commission. See § 9-5.3845.
14. In the Commercial Infill Housing Overlay District, allowable commercial uses and standards remain as determined by the underlying zoning.
15. Up to 35 units/acre and building height of four stories or 45 feet permitted by right subject to compliance with all other applicable standards.
16. 35 to 50 units/acre and building height above 45 feet permitted with approval of a use permit.
17. Supportive housing developments must meet the requirements of Government Code Section 65651 (a) to be permitted by right and reviewed consistent with Government Code Sections 65651 and 65653. Pursuant to Government Code Section 65583(c)(3), supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
Developments which do not meet such requirements shall require approval of a use permit, except that cottage community supportive housing developments may be deed restricted for 20 years instead of 55 years.
18. Permitted as supportive services/community spaces that are accessory to residential land uses in a cottage community.
19. The IH Overlay does not preclude the development of multiple- family residential where otherwise allowed. When multiple-family residential uses are permitted per the underlying zoning, such as with sites identified in the Housing Element, the site may develop in compliance with Articles 26 and 27.
20. Employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure. See § 9-
5.3851.
21. Any employee housing consisting of 12 units or 36 beds or less designed for use by families or households working for an existing agricultural use, shall also be deemed an agricultural use. See § 9-
5.3809.
22. Pursuant to Government Code Section 65583(c)(3), transitional housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential A25
Ordinance No. XXXX-C-S Page 26 of 28 [Adoption Date]
dwellings of the same type in the same zone. Transitional housing developments must meet the definition of Government Code Section 65582 (j). Developments which do not meet such
requirements shall require approval of a use permit.
SECTION 7: Amendment to Section 9-5.3809
Section 9-5.3809 of the Antioch Municipal Code is hereby amended to read as follows, with additions shown in underline and deletions indicated by strikethrough:
§ 9-5.3809 AGRICULTURAL USES.
Pre-existing agricultural uses can be continued and not expanded. Employee housing for agricultural uses is also permitted in zones where pre-existing agricultural uses are allowed subject to § 9-5.3851, Employee Housing, of this article.
SECTION 8: Addition of Section 9-5.3851
Section 9-5.3851 is hereby added to Title 9, Chapter 5, Article 38 of the Antioch Municipal Code, to read as follows:
§ 9-5.3851 EMPLOYEE HOUSING.
(A) Pursuant to California Health and Safety Code § 17021.5, employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation. No conditional use permit, zoning variance, or other zoning clearance shall be required of employee housing that serves six or fewer employees that is not required of a family dwelling of the same type in the same zone. Employee housing, as defined in California Health and Safety Code § 17008, shall not be included within the definition of a boarding house, rooming house, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling. The provisions of this subdivision shall be interpreted to fulfill the requirements of Cal. Health and Safety Code § 17021.5. Any changes to that Cal. Health and Safety Code § 17021.5 shall be deemed to supersede and govern any conflicting provisions contained herein.
(B) Pursuant to California Health and Safety Code § 17021.6, any employee housing consisting of no more than 36 beds in group quarters, or 12 units or spaces designed for use by a single family or household, working for an agricultural use, shall be deemed an agricultural use. No conditional use permit, zoning variance or other discretionary approval shall be required of this employee housing for up to 12 units or 36 beds that is not required of any other agricultural activity in the same A26
Ordinance No. XXXX-C-S Page 27 of 28 [Adoption Date]
zone. Pursuant to California Health and Safety Code § 17021.8, a new agricultural employee housing development that meets certain criteria is eligible for a streamlined, ministerial approval process and is not subject to a conditional use permit. The provisions of this subdivision shall be interpreted to fulfill the requirements of Cal. Health and Safety Code §§ 17021.6 and 17021.8. Any changes to Cal. Health and Safety Code § 17021.6 and § 17021.8 shall be deemed to supersede and govern any conflicting provisions contained herein.
SECTION 9: Addition of Section 9-5.3852
Section 9-5.3852 is hereby added to Title 9, Chapter 5, Article 38 of the Antioch Municipal Code, to read as follows:
§ 9-5.3852 REPLACEMENT OF DWELLING UNITS.
(A) No project shall be approved that will require the demolition of occupied or vacant protected units, unless the project complies with the applicable replacement requirements of Government Code § 66300.6(b). (B) A housing development project shall not be approved if it requires demolition of one or more residential dwelling units unless the project will create at least as many units as will be demolished.
(C) For any project on a nonvacant site identified in the General Plan Housing Element inventory of adequate sites, dwelling units shall also be replaced consistent with Government Code § 65915(c)(3). (D) The terms used in this section are as defined in Government Code § 66300.5, and Antioch Municipal Code § 9-5.203.
SECTION 10: CEQA
The City Council finds that the adoption of this Ordinance is not a project under CEQA pursuant to CEQA Guidelines section 15378(b)(5) and Public Resources Code section 21065, because it constitutes organizational or administrative activities of the City that will not result in direct or reasonably foreseeable indirect physical changes in the environment. Specifically, the proposed Ordinance would only establish and clarify administrative processes required by state law and the City’s adopted Housing Element and would not approve new construction or other groundbreaking activities. Thus, there is no potential to result in either a direct physical change to the environment or a reasonably foreseeable indirect physical change to the environment. This determination reflects the City’s independent judgment and analysis.
SECTION 11: 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, unreasonable, or A27
Ordinance No. XXXX-C-S Page 28 of 28 [Adoption Date]
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 12: 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 26th day of November 2024, and passed and adopted at a regular meeting thereof, held on the ____day of ____ 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
A28
LA2024-0003
Housing Code Update Ordinance
City Council
November 26, 2024
Item 8 - Page 1
• City Council adopt ed the General Plan Housing Element on January 24, 2023.
• Prior code amendm ents for Housing Element compliance were approved in January and November 2023.
• Proposed ordina nce supports compliance with Housing
Element Programs:
• 3.1.5 Emergency Shel ters, Supportive, and Transitional Housing • 3.1.6 Zoning for E mployee Housing
• 5.1.18 Replacement H ousing
• Compliance with new sta te laws
Background
Item 8 - Page 2
Code Changes – Definitions
AMC Section Summary of Amendments Reason for Amendments 9-5.203 DEFINITIONS
Clarifying that emergency
shelters include navigation
centers, bridge housing, respite
or recuperative care.
Housing Element Program 3.1.5
Emergency Shelters, Supportive
and Transitional Housing
Changing frequency of bus
service required to be considered
a Major Transit Stop from
intervals of 15 minutes or less to
20 minutes or less.
AB 2553
Item 8 - Page 3
Code Changes –
Employee Housing
AMC Section Summary of Amendments Reason for Amendments 9-5.3803 TABLE OF LAND USE
REGULATIONS
Add new category Employee
Housing with footnotes 20
(employee housing for six or fewer
considered a single-family
structure) and 21 (agricultural
housing developments).
Housing Element Program 3.1.6
Zoning for Employee Housing
9-5.3809 AGRICULTURAL USES Amend to read that employee
housing is also permitted subject
to § 9-5.3851.
Housing Element Program 3.1.6
Zoning for Employee Housing
9-5.3851 EMPLOYEE HOUSING Establishes regulations for
development of employee
housing. Employee housing for six
or fewer deemed a single-family
structure. Agricultural employee
housing of up to 36 beds in group
quarters, or 12 individual units, is
considered an agricultural use.
Housing Element Program 3.1.6
Zoning for Employee Housing
Item 8 - Page 4
Code Changes –
Supportive & Transitional Housing
AMC Section Summary of Amendments Reason for Amendments 9-5.3803 TABLE OF LAND USE
REGULATIONS
Make Supportive Housing permitted by
right in RE/RR and R-4/R-6 districts
subject to footnotes 11 and 17.
Footnote 17 amended to clarify that
supportive housing is subject to only
those restrictions that apply to other
dwellings of the same type in the same
zone.
Housing Element Program 3.1.5
Emergency Shelters, Supportive and
Transitional Housing
Government Code section
65583(c)(3)
Make Transitional Housing permitted
by right in RE/RR and R-4/R-6 districts
subject to footnotes 11 and 22.
Footnote 22: transitional housing is
subject to only those restrictions that
apply to other dwellings of the same
type in the same zone.
Housing Element Program 3.1.5
Emergency Shelters, Supportive and
Transitional Housing
Government Code section
65583(c)(3)
Item 8 - Page 5
Code Changes –
Replacement of Dwelling Units
AMC Section Summary of Amendments Reason for Amendments 9-5.3852 REPLACEMENT
OF DWELLING UNITS
Establishes replacement
unit requirements for
certain projects that
involve the demolition of
dwelling units.
Housing Element
Program 3.1.8
Replacement Housing
SB 330/AB 1218
Item 8 - Page 6
Questions?
Item 8 - Page 7
9 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
APPROVED BY: Bessie Marie Scott, City Manager
SUBJECT: Parks and Recreation Commission Appointment for One Commission Member Partial Term Expiring March 2028
RECOMMENDED ACTION
It is recommended that the Mayor nominate the candidate for appointment and:
1) the City Council adopt a resolution approving the Mayor’s appointment of [name of appointee] to the Parks and Recreation Commission for the partial term vacancy expiring March 2028.
FISCAL IMPACT
There is no fiscal impact as all positions are voluntary.
DISCUSSION
The Parks and Recreation Commission consists of seven members appointed by the Mayor and confirmed by a majority of the Council. The appointed Commission Member shall serve a partial term expiring in March 2028. The Commission discusses matters relating to Parks and Recreation and makes recommendations to the City Council. The Commission also serves as the City’s Bicycle and Pedestrian Advisory Committee (BPAC).
All appointed members of the Board shall be Antioch residents. Meetings are held the third Thursday of every month at 7:00 p.m.; or on other dates as needed.
In general law cities where the office of mayor is an elective office 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
November 26, 2024 Agenda Item #9 2
The City Clerk’s office advertised to fill the vacancy in the usual manner. Currently, there is one partial term vacancy for a Commission Member on the Parks and Recreation Commission. Two applications were received and provided to Mayor Hernandez-Thorpe to interview.
Mayor Hernandez-Thorpe is nominating Alexander Broom for the Commission Member partial term vacancy expiring March 2028.
The biography and background of the candidate will be presented at the City Council meeting.
ATTACHMENTS
A. Resolution for the appointment of one Commission Member for a partial term expiring December 2028
B. Application
ATTACHMENT A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
PARKS AND RECREATION COMMISSION FOR ONE COMMISSION MEMBER PARTIAL TERM VACANCY EXPIRING MARCH 2028
WHEREAS, there is currently one Commission Member partial term vacancy expiring March 2028, on the Parks and Recreation Commission;
WHEREAS, the City Clerk ’s Office made an announcement and accepted applications for this vacancy;
WHEREAS, Mayor Lamar A. Hernandez -Thorpe considered the two applications received and interviewed the interested applicants;
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 Parks and Recreation Commission for the partial term vacancy expiring March 2028.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the Mayor’s appointment of [insert name of appointee after appointment] to serve on the Parks and Recreation Commission as a Commission Member for a partial term expiring March 2028.
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
10 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kevin Scudero, Acting Community Development Director
SUBJECT: Planning Commission Appointment for Two Full-Term Vacancies, 4- year Terms, Expiring October 2028
RECOMMENDED ACTION
It is recommended that the Mayor nominate the candidates for appointment and that:.
1) the City Council adopt a resolution approving the Mayor’s appointment of [name of appointee] to the Planning Commission for the Fu ll-Term vacancy, 4-year term, expiring October 2028.
2) the City Council adopt a resolution approving the Mayor’s appointment of [name of appointee] to the Planning Commission for the Fu ll-Term vacancy, 4-year term, expiring October 2028.
FISCAL IM
PACT
There is no fiscal impact as these are voluntary positions.
DISCUSSION
The 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. The Planning Commission also has the authority to approve Use Permits, Variances and Design Review Applications. Planning Commissioners are appointed by the Mayor to four (4) year terms.
In general law cities where the office of the mayor is an elective office 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 b oards and commissions. Nominees shall be appointed to each board an d commission upon receiving approval of at least a majority vote of the City Council.
Antioch City Council Report
November 26, 2024 Agenda Item# 10 2
The City Clerk’s Office advertised to fill the vacanc ies by making announcements at the City Council meeting and posting the vacancies on the City’s website. Currently, there are two full-term vacancies, which are 4-year terms, on the Planning Commission. Three applications were received and provided to Mayor Hernandez-Thorpe to interview.
Mayor Hernandez-Thorpe is nominating Kevin Riley and Jennifer Perez for full-terms of 4-years expiring October 2028.
The biographies and backgrounds of the candidates will be presented at the City Council meeting.
ATTACHMENT
A. Resolution for one Full-Term vacancy, 4-year term, expiring October 2028 B. Resolution for one Full-Term vacancy, 4-year term, expiring October 2028 C. Application
D. Application
RESOLUTION NO. 2024/**
RESOLUTIO
N OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
PLANNING COMMISSION FOR ONE FULL-TERM VACANCY, FOUR-YEAR TERM EXPIRING OCTOBER 2028
WHEREAS, there
are currently two full-term vacancies for a four-year term on the Planning Commission;
WHEREAS, the Ci
ty Clerk’s Office announce d and accepted applications for the vacancies;
WHEREAS, Mayor
Lamar Hernandez -Thorpe considered the applications
received and interviewed each of the interested applicants; WHEREAS, Antioc
h 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 Hernandez -Thorpe has nominated [insert name of
appointee after appointment] to the Planning Commission, for a full-term of four-years expiring October 2028.
NOW, THEREFO
RE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the Mayor’s appointment [ insert name of appointee after appointment ] to serve on the Planning Commission for a full-term of four years expiring October 2028. * * * * *
* * *
I HEREBY CE
RTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: ___________
_____________________
ELIZABETH HO USEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A1
RESOLUTION NO. 2024/**
RESOLUTIO
N OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO THE
PLANNING COMMISSION FOR ONE FULL-TERM VACANCY, FOUR-YEAR TERM EXPIRING OCTOBER 2028
WHEREAS, there
are currently two full-term vacancies for a four-year term on the Planning Commission;
WHEREAS, the Ci
ty Clerk’s Office announce d and accepted applications for the vacancies;
WHEREAS, Mayor
Lamar Hernandez -Thorpe considered the applications
received and interviewed each of the interested applicants; WHEREAS, Antioc
h 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 Hernandez -Thorpe has nominated [insert name of
appointee after appointment ] to the Planning Commission, for a full-term of four-years expiring October 2028.
NOW, THEREFO
RE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the Mayor’s appointment [ insert name of appointee after appointment] to serve on the Planning Commission for a full-term of four years expiring October 2028. * * * * *
* * *
I HEREBY CE
RTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: ___________
_____________________
ELIZABETH HO USEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
B1
C2
C3
D2
D3
11 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Bessie Marie Scott, City Manager
SUBJECT: Antioch Police Oversight Commission Appointment for two full-term vacancies, 3-year terms, expiring November 2027
RECOMMENDED ACTION
It is recommended that the Mayor nominate the candidates for appointment and:
1) the City Council adopt a resolution approving the Mayor’s appointment of [name of appointee] to the Antioch Police Oversight Commission for one full -term vacancy, three-year term, expiring November 2027.
2) the City Council adopt a resolution approving the Mayor’s appointment of [name of appointee ] to the Antioch Police Oversight Commission for one full -term vacancy, three-year term, expiring November 2027.
FISCAL IMPACT
There is no fiscal impact as all positions are voluntary. However, the General Fund has a budget to provide funding for the Antioch Police Oversight Commission’s (“Police Commission”) 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
Antioch City Council Report
November 26, 2024 Agenda Item #11 2
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.
The City Clerk’s Office advertised to fill the two vacancies, expiring on November 30, 2024, in the usual manner. The City Council shall strive to appoint members as listed in Ordinance No. 2212-C-S (Attachment D).
Mayor Hernandez-Thorpe is nominating the following Antioch citizens to the Police Commission:
• Devin Williams, three-year term, expiring November 2027. • Alicia D. Lacey-Oha, three-year term, expiring November 2027.
The biography and background of the candidate s will be presented at the City Council meeting.
ATTACHMENTS
A. Resolution [insert name of appointee], three-year term, expiring November 2027 B. Resolution [insert name of appointee], three-year term, expiring November 2027 C. Applications
D. 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 FULL-TERM VACANCY, THREE-YEAR TERM, ENDING NOVEMBER 2027
WHEREAS, the Antioch City Council adopted Ordinance No. 2212 -C-S creating the Antioch Police Oversight Commission (“Police Commission”) at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk ’s Office made announcement s and accepted applications for the two full-term vacancies, three-year term for the Police Commission;
WHEREAS, Mayor Lamar A. Hernandez-Thorpe considered four applications received and interviewed the interested applicants;
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 2027.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the Mayor’s appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, three-year term, expiring November 2027.
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of November 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 FULL-TERM VACANCY, THREE-YEAR TERM, ENDING NOVEMBER 2027
WHEREAS, the Antioch City Council adopted Ordinance No. 2212 -C-S creating the Antioch Police Oversight Commission (“Police Commission”) at its May 24, 2022 Council Meeting;
WHEREAS, the City Clerk ’s Office made announcement s and accepted applications for the two full-term vacancies, three-year term for the Police Commission;
WHEREAS, Mayor Lamar A. Hernandez-Thorpe considered four applications received and interviewed the interested applicants;
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 2027.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the Mayor’s appointment of [insert name of appointee after appointment] to serve on the Antioch Police Oversight Commission, three-year term, expiring November 2027.
* * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 26th day of November 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT C
ATTACHMENT D
(b) one (1) representative of the Antioch faith-based community; (c) one (1) representative of the Antioch business community; and (d) one (1) employee or student of the Antioch Unified School District. (D) No one shall be excluded from the Police Commission because he or she has a criminal record.
(E) The following shall not be eligible to serve as a Police Commissioner:
(a) current sworn police officer or his/her spouse;
(b) current City employee or his/her spouse;
(c) former Department sworn employee or his/her spouse; or (d) current or former employee, official, or representative of an employee association representing sworn police officers or his/her spouse. (F) Commissioners shall not be issued and shall not display, wear, or carry badges that so resemble a peace officer's badge that an ordinary reasonable person would believe that Commissioners have the authority of a peace officer. § 4-3.104 TERMS OF OFFICE AND REMOVAL FROM OFFICE.
(A) The terms of office for all members of the Police Commission shall be three years, but the terms of not more than three (3) members shall expire in any one year.
Therefore, when the initial seven (7) members are selected, two (2) commissioners shall be appointed to serve an initial one-year term, two (2) commissioners shall be appointed to serve an initial two-year term, and the remaining three (3) shall serve an initial three year term. No members shall serve for more than two consecutive full terms. For this purpose, the initial one-year and two-year terms in this paragraph shall be considered full terms. The expiration date of all terms shall be November 30, but each member shall serve until his or her successor is duly appointed and qualified. (B) A member may resign before the expiration of his or her term with written notification to the chairperson of the Police Commission and the Mayor. (C) Members of the Police Commission shall serve at the pleasure of the City Council and may be removed from office by a majority vote of the Council. (D) The Police Commission may recommend to the City Council that a member be removed for reasons including but not limited to:
(a) misuse of position as a Police Commission member;
Ordinance No. 2212-C-S Page 3 May 24, 2022
b) misuse of police- issued documents;
c) misconduct that impedes the member' s ability to serve as an effective and impartial Police Commission member;
d) unexcused absences from at least three meetings in a one- year span of time;
e) violation of the Code of Ethics of the National Association for Civilian Oversight of Law Enforcement ( NACOLE); or
f) conflict of interest.
E) Upon receipt of notification of resignation or a Council vote of removal, the position shall be considered vacant and eligible for the Mayor to nominate a replacement commissioner for appointment with confirmation by the City Council. The replacement commissioner shall serve for the remainder of the term and be eligible for reappointment for one additional term.
4- 3. 105 OFFICERS.
During January of each year, the Police Commission shall elect one of its members as chairperson and one as vice- chairperson who shall each hold office for one ( 1) year or until their respective successors are elected. After all Police Commission members have been appointed and confirmed, officers shall be elected no later than the second meeting of the Police Commission. No officer shall be eligible to serve more than two consecutive terms in the same office.
4- 3. 106 MEETINGS.
A) The Police Commission shall hold its first meeting within thirty days after all of its members have been appointed and confirmed. At the first meeting, the Police Commission shall set the time and date of regularly scheduled meetings, which shall occur at least twice each month, except during the months of July and December when regular meetings shall occur once per month. Regular meetings of the Police Commission shall be held at Antioch City Hall except for meetings held under section 4-
3. 060( B). The Police Commission shall notify the public of the time and place of its meetings and provide time for public comment at each meeting in compliance with the Brown Act.
B) At least two meetings of the Police Commission each year shall be held at locations within the City of Antioch other than City Hall for the purpose increasing community engagement with the Police Commission. The Police Commission shall make a good faith effort to hold these meetings at public schools, youth centers, or community- based organizations within the City of Antioch.
Ordinance No. 2212- C- S Page 4 May 24, 2022
C) All Police Commission meetings are subject to the Brown Act.
D) In the interestof upholdingand modelinga positiverelationshipbetween the citizens of Antioch and the Antioch Police Department, the Antioch Chief of Police, or his or her designee, shall attend the beginning of all public meetings of the Police Commission and, as the first order of new business, be placed on the agenda to comment or report on any matters under consideration by the Police Commission. 4- 3. 107 NO COMPENSATION.
Members of the Police Commission shall serve without compensation. However, the City Councilmay authorizethe reimbursementof reasonableexpensesincurredby the members in the performance of their duties.
4- 3. 108 BUDGET.
The City shall providethe PoliceCommissionwith fundingfor generaloperating expenses, training, and continuing education for all Police Commissioners. 4- 3. 109 TRAINING.
The City shall provideappropriatefundingfor introductorytrainingof new Police Commission members as well as continuing education for all members. Training shall cover all of the following, but not be limited to:
A) The ordinance establishing the Police Commission; B) National standards of constitutional policing;
C) Department operations, policies, procedures, practices, and programs; D) Laws governinglocal public recordsand public meetings, confidentiality, police officer rights, arrestee rights, and excessive force; and E) Police policies, practices, and procedures around stops, arrests, use of force, detention, large-scale protests, and marginalized communities. 4- 3. 110 POWERS AND DUTIES.
To effectuate its purpose, the Police Commission shall, in compliance with the California Public Records Act ( Gov. Code, §§ 6250 et seq.), Penal Code Sections 832. 7 and 832. 8; California Public Safety Officers Procedural Bill of Rights Act ( Gov. Code, §§ 3300 et seq.), Government Code section 38630, Government Code section 37104, Penal Code section 832. 7, and all other applicable state and federal law:
Ordinance No. 2212- C- S Page 5 May 24, 2022
A) Propose changes, at its discretion or upon receiving direction from the City Council, including modifications to the Police Department's proposed changes, to any policies or procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de- escalation techniques on civilians, hate crimes, or biased-based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. All such proposed changes and modifications shall be submitted to the City Council for approval or rejection.
B) Recommend City Council approval or rejection of the Police Department's proposed changes to all policies and procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de- escalation techniques with civilians, hate crimes, or biased- based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. a) If the Police Commission recommends rejection of the proposed policy, the Police Department's proposed changes, notice of the Commission's rejection, and the reasons for rejection, together with the Police Department' s proposed changes, shall be submitted to the City Council for review.
b) If the Police Commission recommends approval of the Police Department's policy, the Police Department's proposed changes will proceed directly to the City Council for review.
c) If the Police Commission does not approve or reject the Police Department' s proposed changes within sixty ( 60) days of the Police Department' s submission of the proposed changes to the Police Commission, the Police Department's proposed changes will proceed directly to the City Council for review.
C) Review and comment on, at its discretion, any other policies, procedures, customs, and general orders of the Police Department. All such comments shall be submitted to the Chief of Police, the City Manager, and the City Attorney. The Chief of Police shall provide a written response to the Police Commission upon request.
D) Review the City Council' s proposed budget advise whether budgetary allocations for the Police Department are aligned with the Police Department' s policies and procedures. The Police Commission shall conduct at least one public hearing on the Police Department budget per budget cycle and shall forward to the City Council any recommendations for change.
E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require.
F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chiefs report in addition to such other matters as are relevant to the functions and duties of the Police Commission.
Ordinance No. 2212- C- S Page 6 May 24, 2022
G) Receive reports from the Police Department on publicly disclosable information concerning the status of civilian complaints. Develop a program for the mediationof civiliancomplaints, incoordinationwiththe Chiefof Police, theCityManager, and the City Attorney.
H) Study, develop, and recommendcommunitypolicingandalternativecrime- preventionpoliciesandstrategiesto the Chiefof Police, CityManager, CityAttorney, and City Council; assess and make recommendations regarding the role of social services in public safety, including but not limited to those related to mental health, alcohol and substance abuse, homelessness, juvenile justice, and education.
I) Develop and recommend, in conjunction with the Chief of Police and the City Manager, educational programs regarding policing in Antioch and community outreach events, such as town hall meetings, forums to communicate information about neighborhoodwatchprograms, andeventsdesignedto encouragesafetyandemergency preparedness.
J) Request and review data from public records of the Antioch Police Departmentasneededto effectuatethePoliceCommission's powersanddutiesincluding data regarding police use of force; demographics of individuals stopped, searched, or arrested; demographics of Antioch Police Department officers and staff; and officer training and qualifications.
4- 3. 111 PUBLIC REPORTS.
A) The Police Commission shall draft and issue public reports regarding the issues described in section 4- 3. 100. An annual report may be in the form of an update froma previousyear's report. ThePoliceCommissionmayissueadditionalpublicreports as it deems appropriate.
B) The Police Commission shall provide annual public reports to City Council, City Manager, and City Attorney on the Police Department's progress on Police Commission recommendations and other updates relevant to the mission of the Police Commission.
C) All public reports shall omit or redact any confidential or privileged information as defined by State law.
SECTION 4. 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 Antioch Police Ordinance No. 2212- C- S Page 7 May 24, 2022
Oversight Commission and 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 5. 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 6. 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 10th day of May, 2022 and passed and adopted at a regular meeting thereof held on the 24th day of May, 2022, by the following vote:
AYES: Council Members District 1 Torres- Walker, District 4 Wilson, and Mayor Thorpe
NOES: Council Member District 3 Ogorchock
ABSTAIN: None
ABSENT: Mayor Pro Tern ( District 2) BarbanIca
0 . PILAMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
lAh—t• —) /11-4/ 1.-,f',& 32---
1•
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Ordinance No. 2212- C- S Page 8 May 24; 2022
12 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Resolution approving conveyance of fire station site to Contra Costa County Fire Protection District (APN 051-400-027)
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. approving conveyance of real property located at the intersection of East 18 th Street and Wilson Street (APN 051-400-027) (“Property”) owned by the City to the Contra Costa County Fire Protection District (“District”), and
2. authorizing the City Manager or designee to execute a Grant Deed with Power of Termination transferring the property to the District for the construction of and use as a fire station , and finding the conveyance to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA).
FISCAL IMPACT
The Property was purchased with funds from the City’s fire facilities fee account . T he intended conveyance of the Property to the Contra Costa County Fire Protection District is for construction of a new fire station by the District . The City is proposing conveying the Property to the District for no cost . The fire station will be u sed to provide fire protection services within the City.
DISCUSSION
On July 8, 1997 , the City Council adopted Resolution 97/99 approving the Purchase Agreement and Escrow Instructions for acquisition of the Property located at the intersection of East 18th Street and Wilson Street (Attachment “C”), to be used for the construction and development of the proposed Almondridge Fire Station. Pursuant to Resolution 97/99 (Attachment “C”), the entirety of the funding for the purchase of the Property was to come from the fire facilities fee account.
On December 11, 1997, a Grant Deed was recorded (Document No. 1997- 0241260) conveying the Property from McBail Company to the City.
Antioch City Council Report
November 26, 2024 Agenda Item #12 2
The District has expressed desire to obtain the Property from the City in order to develop the Property as a new fire station. The City declared the Property exempt under SLA on January 13, 2023 in Resolution 2023-04.
The proposed Grant Deed with Power of Termination (Exhibit “B” to accompanying Resolution) requires completion of construction of a fire station on the Property within ten (10) years of the conveyance, and restricts use of the Property to a fire station or other similar public use approved by the City for ninety-nine (99) years. Should the District fail to complete construction of the fire station within the ten (10) year period, following notice and opportunity to cure, the City will have the right to retake possession of the Property.
CEQA DETERMINATION
Pursuant to the CEQA Guidelines section 15312, a categorical exemption for conveyance of surplus government property applies, and such conveyance is exempt, if:
(a) The property does not have significant value for wildlife habitat or other environmental purposes, and
(b) Any of the following conditions exist:
(1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; or
(2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines; or
(3) The use of the property and adjacent property has not changed since the time of purchase by the public agency.
The City has determined that the Property does not have significant value for wildlife, and the use of the Property, which is currently vacant and was originally purchased for use as a fire station, has not changed since the time of purchase by the City. Based on this determination, the conveyance of the Property is categorically exempt from environmental review under CEQA.
ATTACHMENTS
A. Resolution
Exhibit A to Resolution – Real Property Transfer Agreement Exhibit B to Resolution – Grant Deed with Power of Termination B. Vicinity Map
C. Resolution 97/99
D. Resolution 2023/04
ATTACHMENT A
RESOLUTION NO. 2024/xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE CONVEYANCE OF THE REAL PROPERTY
LOCATED AT EAST 18TH STREET AND WILSON STREET, ANTIOCH, CALIFORNIA (APN 051- 400-027), AND APPROVING CERTAIN
RELATED ACTIONS
WHEREAS, the City of Antioch (the “City”) is the owner of that certain real property located within the City at the intersection of East 18th Street and Wilson Street (APN 051- 400-027), as more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”), which the City previously acquired from McBail Company by Grant Deed, recorded December 11, 1997 as Document No. 1997-0241260 in the Official Public Records of Contra Costa County;
WHEREAS, the Property was purchased using funds from the City’s fire facilities fee account for future development as the Almonridge fire station site; WHEREAS, the Contra Costa County Fire Protection District ( the “District”) has expressed to City that the District desires to construct and operate a fire station on the Property;
WHEREAS, the City desires to transfer the Property to the District, and upon acquiring the Property, the District intends to construct a fire station on the Property for the District’s use;
WHEREAS, the proposed transfer would be pursuant to a Real Property Transfer Agreement and Grant Deed with Power of Termination, in the form s attached to this Resolution as Exhibits “A” and “B,” conveying the P roperty to the District subject to the right of the City to retake the Property , following notice and opportunity to cure, if the District fails to complete construction of a fire station on the Property within ten (10) years; WHEREAS, the City previously declared the Property exempt surplus land under the Surplus Land Act, Government Code sections 54220 et seq; WHEREAS, the Property is not within a coastal zone, adjacent to a historical unit of the State Parks System, listed on or eligible for the National Register of Historic Places, or within the Lake Tahoe region (Government Code section 54221(f)(2)); WHEREAS, the proposed conveyance of the Property and the District’s anticipated construction of a fire station on the Property are in the best interest of the City and of the health, safety, and welfare of the residents of the City and are in accordance with the public purposes set forth in applicable law;
WHEREAS, the conveyance of the Property is categorically exempt from environmental review under the California Environmental Quality Act (“CEQA”) based on the findings further set forth in this Resolution;
WHEREAS, the City Council has reviewed this Resolution and now desires to approve transfer of the Property pursuant to the Real Property Transfer Agreement and
2 Grant Deed with Power of Termination, attached to this Resolution as Exhibit s “A” and “B,” and to authorize certain related actions, based on the findings and justifications contained in this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch does hereby find, determine, and order as follows:
SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council.
SECTION 2: The Real Property Transfer Agreement and Grant Deed with Power of Termination, attached hereto as Exhibit s “A” and “B,” between the City and District conveying the Property to the District is approved and may be executed in substantially the same form s as the attached Exhibit s “A” and “B,” subject to changes as may be approved by the City Attorney.
SECTION 3: The City determines that this Resolution and the actions authorized hereunder are exempt from environmental review pursuant to CEQA Guidelines section 15312, which categorical exemption for transfer of surplus government property applies to the conveyance of the Property because the Property does not have significant value for wildlife habitat or other environmental purposes, and the use of the property and adjacent property has not changed since the time of purchase by the City.
SECTION 4: The City Manager, or designee, is authorized and directed to execute the Real Property Transfer Agreement and Grant Deed with Power of Termination and to take such other actions and execute such other documents in a form approved by the City Attorney as is necessary to effectuate the intent of this Resolution.
SECTION 5: The City Council directs Staff to file a Notice of Exemption with the County Clerk for the County of Contra Costa within five (5) working days of the date of this Resolution.
SECTION 6: If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon adoption and the City Clerk shall certify to the adoption of this Resolution.
* * * * * * * * *
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 o n the 26 th day of
November 2024, by the following vote:
AYES:
NOES:
3 ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT A
To Resolution
REAL PROPERTY TRANSFER AGREEMENT
THIS REAL PROPERTY TRANSFER AGREEMENT (this “Agreement”), is entered into as of __________________, 202__ (“Effective Date”), by and between the CITY OF ANTIOCH , a municipal corporation and general law city (“City”) and the CONTRA COSTA FIRE PROTECTION DISTRICT, a California public agency (“District”) .
A. City owns that certain vacant land identified as APN _______ (“Property”) located in the City of Antioch, California, as more particularly described in Exhibit “A” attached hereto and made a part of this Agreement.
B. The Property was purchased using funds from the City’s fire facilities fee account for future development as the Almondridge fire station site.
C. City desires to transfer the Property and District desires to accept the transfer of the Property, subject to a Grant Deed with Power of Termination (“Grant Deed”), for the purpose of developing and operating a fire station on the Property.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
ARTICLE 1
AGREEMENT TO TRANSFER PROPERTY
City agrees to transfer the Property on the terms set forth herein and contained in the Grant Deed attached as Exhibit “B” and incorporated into this Agreement.
District agrees to execute the Certificate of Acceptance, accepting Grant Deed and consenting to recording of same (“Certificate of Acceptance”) in the same form as that attached to the Grant Deed.
ARTICLE 2
CONDITION OF TITLE
2.1 Title. The District has obtained a title report for the Property, and has reviewed the condition of title. The District accepts transfer of the Property subject to the condition of title including, but not limited to, all easements and encumbrances as shown on the title report.
2.2 Title Policy. District may obtain a policy of title on the property at District’s expense.
City will not be responsible for any costs related to obtaining a title policy on the Property.
ARTICLE 3
REPRESENTATIONS AND WARRANTIES
3.1 City’s Representations and Warranties. The City is transferring the Property “AS-IS” with all faults, but represents and warrants to District as follows:
3.1.1 Authority. City has full power and authority to c onvey and transfer the Property as provided for in this Agreement and this Agreement is binding and enforceable against City.
3.1.2 Hazardous Materials. To City’s actual knowledge City has not caused any Hazardous Materials to be placed or disposed of on or at the Property or any part thereof in any manner or quantity which would constitute a violation of any E nvironmental Law, nor has City received any written notices that the Property is in violation of any Environmental Law. As used herein, (a) the term “Hazardous Materials” shall mean any hazardous, toxic or dangerous substance, material, waste, gas or particulate matter which is defined as such for purposes of regulation by any local government authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “hazardous material,” “hazardous substance,” “extremely hazardous waste,” or “restricted hazardous waste” under any provision of California law, (ii) petroleum, (iii) asbestos, (iv) polychlorinated biphenyl, (v) radioactive material, (vi) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Sec. 1251 et seq. (33 U.S.C. Sec. 1317), (vii) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
Sec. 6901 et seq. (42 U.S.C. Sec. 6903), or (viii) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9601 et seq. (42 U.S.C. Sec. 9601); and (b) the term “Environmental Laws” shall mean all statutes specifically described in the definition of “Hazardous Materials” and all other federal, state or local laws, regulations or orders relating to or imposing liability or standards of conduct concerning any Hazardous Material.
3.2 District’s Re presentations and Warranties . Except as expressly set forth in this Agreement, District is relying upon no warranties, express or implied, oral or written, from City regarding the Property and, District will have accepted the Property a s-is, with all faults and subject to all terms contained in the Grant Deed. District represents and warrants to City as follows:
3.2.1. Authority. District has full power and authority to exe cute this Agreement and this Agreement is binding and enforceable against District
3.2.3 As-Is Transfer. DISTRICT ACKNOWLEDGES AND AGREES THAT,
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, CITY HAS NOT MADE, DOES
NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR
CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST,
PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (I) THE NATURE,
QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (II ) THE COMPLIANC E OF OR BY THE PROPERTY OR ITS
OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GO VERNMENTAL AUTHORITY OR BODY; (III ) COMPLIANCE WITH ANY
ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATION,
ORDERS OR REQUIREMENTS, INCLUDING BUT NOT LIMITED TO, TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990, CALIFORNIA HEALTH & SAFETY CODE, THE
FEDERAL WATER POLLUTION CONTROL ACT, THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT, THE U.S. ENVIRONMENTAL PROTECTION AG ENCY REGULATIONS AT 40 C.F.R., PART 261, THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, THE CLEAN WATER ACT, THE SAFE
DRINKING WATER ACT, THE HAZARDOUS MATERIALS TRANSPORTATION ACT, THE TOXIC
SUBSTANCE CONTROL ACT, AND REGULATIONS PROMULGATED UNDER ANY OF THE FOREGOING; (VI) THE PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS AT, ON, UNDER, OR ADJACENT TO THE PROPERTY; ( IV) THE CONTENT, COMPLETENESS OR
ACCURACY OF ANY DUE DILIGENCE MATERIALS DELIVERED BY CITY TO DISTRICT OR PRELIMINARY REPORT REGARDING TITLE; (V) DEFICIENCY OF ANY UNDERSHORING; (VI) DEFICIENCY OF ANY DRAINAGE; (VII ) THE FACT THAT ALL OR A PORTION OF THE
PROPERTY MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE OR A F LOOD ZONE; OR (VII ) WITH RESPECT TO ANY OTHER MATTER. DISTRICT FURTHER
ACKNOWLEDGES AND AGREES THAT IT HAS BEEN GIVEN THE OPPORTUNITY TO INSPECT
THE PROPERTY AND REVIEW INFORMATION AND DOCUMENTATION AFFECTING THE PROPERTY, A ND THAT, EXCEPT FOR CITY ’S EXPRESS REPRESENTATIONS AND
WARRANTIES CONTAINED HEREIN, DISTRICT IS RELYING SOLELY ON ITS OWN
INVESTIGATION OF THE PROPERTY AND REVIEW OF SUCH INFORMATION AND
DOCUMENTATION, AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY CITY. DISTRICT FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION MADE
AVAILABLE TO DISTRICT OR PROVIDED OR TO BE PROVIDED BY OR ON BEHALF OF CITY
WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND
THAT CITY HAS NOT MADE ANY INDEP ENDENT INVESTIGATION OR VERIFICATION OF
SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. DISTRICT AGREES TO FULLY AND
IRREVOCABLY RELEASE ALL SUCH SOURCES OF INFORMATION AND PREPARERS OF
INFORMATION AND DOCUMENTATION AFFECTING THE PROPERTY WHICH WERE
RETAINED BY CITY FROM ANY AND ALL CLAIMS THAT THEY MAY NOW HAVE OR
HEREAFTER ACQUIRE AGAINST SUCH SOURCES AND PREPARERS OF INFORMATION FOR
ANY COSTS, LOSS, LIABILITY, DAMAGE, EXPENSE, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM SUCH INFORMATION OR DOCUMENTATION. EXCEPT FOR CITY ’S EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 3.1 ABOVE, CITY
IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY ORAL OR WRITTEN STATEMENTS,
REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE
OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON. DISTRICT FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR CITY ’S EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 3.1 ABOVE, THE TRANSFER OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. DISTRICT REPRESENTS, WARRANTS AND COVENANTS TO CITY THAT, EXCEPT FOR CITY’S EXPRESS REPRESENTATIONS AND
WARRANTIES SPECIFIED IN THIS AGREEMENT, DISTRICT IS RELYING SOLELY UPON DISTRICT’S OWN INVESTIGATION OF THE PROPERTY.
3.2.4 General Waiver. With respect to the waivers and releases set forth in Section
3.2.3, above, District expressly waives any of its rights granted under California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time or executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” ___________________
District’s Initials
ARTICLE 4
MISCELLANEOUS
4.4 Assignment. District may not assign or pledge any of its rights hereunder without the prior written consent of City. Subject to the foregoing, this Agreement shall be binding upon the parties hereto and each of their successors and assigns.
4.6 Entire Agreement. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may be set forth in writing exe cuted by both parties contemporaneously with or subsequent to this Agreement.
4.7 Severability. If any term or provision of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby.
4.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.
4.10 Electronic Transmission; Electronic Signatures . A manually sig ned copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of thi s Agreement for all purposes. This Agreement may be signed using an electronic signature.
4.11 Governing Law. This Agreement has been executed and delivered, and is to be performed, in the State of California, and this Agreement and all rights, obligations and liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of California. Venue shall be in Contra Costa County, California.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
5 SIGNATURE PAGE
TO
REAL PROPERTY TRANSFER AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
CITY:
Date: ______________ CITY OF ANTIOCH By: ________________________________________________
Bessie Marie Scott
City Manager
ATTEST:
By: ___________________________
Elizabeth Householder
City Clerk
APPROVED AS TO FORM:
By:_________________________
Thomas Lloyd Smith
City Attorney
DISTRICT:
Date: ______________ CONTRA COSTA FIRE PROTECTION DISTRICT By: ________________________________________________
Name: _____________________________________________
Its: _______________________________________________
ATTEST:
By: _____________________
Name:
_________________
Its: ___________________
EXHIBIT “A”
LEGAL DESCRIPTION AND DEPICTION OF PROPERTY
EXHIBIT B
GRANT DEED WITH POWER OF TERMINATION
(see attached)
EXHIBIT B
To Resolution
Recording Requested by and
Upon Recordation, Please Return
to:
City of Antioch
200 H Street
Antioch, California 94509
GOVERNMENT AGENCY
-- This Space for Recorder’s Use Only --
ASSESSOR’S PARCEL NO. 051-400-027 EXEMPT FROM RECORDING FEES (GOVT. CODE § 27383)
EXEMPT FROM DOCUMENTARY TRANSFER TAX
(R&T CODE § 11922)
CITY OF ANTIOCH
GRANT DEED CONTAINING POWER OF TERMINATION
(18th and Wilson Fire Station Property)
PART ONE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF ANTIOCH, a municipal corporation (“Grantor”),
hereby grants to
CONTRA COSTA FIRE PROTECTION DISTRICT, a California fire protection district (“Grantee”),
that certain real property located in the City of Antioch, County of Contra Costa, State of California, specifically described in Exhibit “A” attached to this Grant Deed (“Property”) and made a part of this Grant Deed by this reference.
PART TWO
The conveyance of the Property by the Grantor to the Grantee in Part One is subject to the following development terms, conditions, covenants and restrictions:
Section 1. Conveyance Subject to Fire Station Development and Use Covenant. As a material consideration to the Grantor for the conveyance of the Property, the Grantee covenants for itself, and its assigns and every successor in interest to the Property, or any part thereof, that for a minimum of ninety-nine (99) years after the recordation of this Grant Deed, the Grantee will
2 use and operate the Property exclusively for the purpose of developing, constructing, operating, and maintaining a fire station for fire protection and basic emergency medical services (“Fire Station”) or, subject to the prior written consent of the Grantor, for the provision of other public services.
The Grantee covenants to commence design and construction of a Fire Station within five (5) years following recordation of this Grant Deed, and to complete construction of a Fire Station, in accordance with all standard conditions and requirements therefor, on the Property within ten (10) years following recordation of this Grant Deed.
Section 2. Condition of Property. The Grantee acknowledges and agrees that the Property is conveyed by the Grantor to the Grantee in its “AS IS,” “WHERE IS” and “SUBJECT TO ALL FAULTS CONDITION,” as of the date of recordation of this Grant Deed, with no warranties, expressed or implied, as to the environmental or other physical condition of the Property, the presence or absence of any patent or latent environmental or other physical condition on or in the Property, or any other matters affecting the Property.
Section 3. Grantor Power of Termination Regarding the Property.
3.1 The Grantor hereby reserves a power of termination pursuant to Civil Code Sections 885.010, et seq., exercisable by the Grantor, in its sole and absolute discretion, upon thirty (30) calendar days written notice to the Grantee referencing this Section 3 .1, to terminate the fee interest of the Grantee in the Property and/or any improvements to the Property and revest such fee title in the Grantor and take possession of all or any portion of such real property and improvements, without compensation to the Grantee, upon breach by the Grantee of the covenant to complete construction of a Fire Station on the Property within the timeframe as required in Part 2, Section 1 of this Grant Deed (“Event of Default”).
3.2 The thirty (30) calendar day wr itten notice specified Section 3 .1 shall specify the Event of Default by the Grantee triggering the Grantor’s exercise of its power of termination. The Grantor shall proceed with its remedy set forth in Section 3.1 only if the Grantee continues in default for a period of sixty (60) calendar days following such notice or, upon commencing to cure such default, fails to diligently and continuously prosecute said cure to satisfactory conclusion.
3.3 The rights of the Grantor under this Section 3 shall be subject and subordinate to, shall be limited by and shall not defeat, render invalid or limit:
(1) Each lien recorded against the Property and specifically authorized by the Grantor for the purpose of construction of the Fire Station. (2) Any declarations of covenants, conditions and restrictions, easement agreements or other recorded documents or interests applicable to the Property and specifically authorized by the Grantor for the purpose of construction of the Fire Station.
3.4 Upon the Grantor’s exercise of its power of termination pursuant to this Section 3, the Grantee or its successors or assigns shall convey by grant deed to the Grantor title
3 to the Property, as specified in the Grantor’s notice pursuant to Section 3.1, and all improvements thereon, in accordance with Civil Code Section 1109, as such code section may hereafter be amended, renumbered, replaced or substituted. Such conveyance shall be duly acknowledged by the Grantee and a notary in a manner suitable for recordation. The Grantor may enforce its rights pursuant to this Section 3.4 by means of an injunctive relief or forfeiture of title action filed in any court of competent jurisdiction.
3.5 IMMEDIATELY FOLLOWING THE THIRTY (30) D AY PERIOD
SPECIFIED IN SECTION 3 .1, ABOVE, THE GRANTOR, ITS EMPLOYEES AND AGENTS
SHALL HAVE THE RIGHT TO REENTER AND TAKE POSSESSION OF THE PROPERTY
AND ANY IMPROVEMENTS THEREON, WITHOUT FURTHER NOTICE OR COMPENSATION TO THE GRANTEE. BY INITIALING BELOW, THE GRANTEE
HEREBY EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY
AND ALL RIGHTS THAT THE GRANTEE MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 791 AND CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1162 ,
AS THOSE STATUTES MAY BE AMENDED, REPLACED, RENUMBERED OR
SUBSTITUTED, OR UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
GRANTEE’S INITIALS ____________
3.6 THE GRANTEE ACKNOWLEDGES AND AGREES THAT THE
GRANTOR’S EXERCISE OF ITS POWER OF TERMINATION AND RIGHT OF REENTRY PURSUANT TO THIS SECTION 3.6 MAY WORK A FORFEITURE OF THE ESTATE IN THE PROPERTY CONVEYED TO THE GRANTEE THROUGH THE GRANT DEED. THE
GRANTEE HEREBY EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT ALLOWED BY
LAW, ANY AND ALL EQUITABLE AND LEGAL DEFENSES THAT THE GRANTEE MAY
HAVE TO SUCH FORF EITURE, INCLUDING, BUT NOT LIMITED TO, THE DEFENSES
OF LACHES, WAIVER, ESTOPPEL, SUBSTANTIAL PERFORMANCE OR COMPENSABLE DAMAGES. THE GRANTEE FURTHER EXPRESSLY WAIVES, TO THE
MAXIMUM EXTENT ALLOWED BY LAW, ANY AND ALL RIGHTS AND DEFENSES THAT THE GRANTEE MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3275 OR ANY OTHER STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT. THE
GRANTEE ACKNOWLEDGES THAT THE TERMS AND CONDITIONS OF THE GRANT
DEED REFLECT THE POSSIBILITY OF FORFEITURE BY VIRTUE OF THE EXERCISE OF THE GRANTOR’S POWER OF TERMINAT ION PROVIDED IN THIS SECTION 3.6 AND
FURTHER ACKNOWLEDGE THAT IT HAS RECEIVED INDEPENDENT AND ADEQUATE
CONSIDERATION FOR ITS WAIVER AND RELINQUISHMENT OF RIGHTS AND REMEDIES PURSUANT TO THIS SECTION 3.6.
GRANTEE’S INITIALS ____________
PART THREE
Section 4. Grantee Covenant to Undertake Fire Station . The Grantee covenants, for itself, its successors and assigns, to and for t he exclusive benefit of the Grantor , that the Grantee shall commence and complete the development of the Fire Station on the Property within the time
4 periods for such action set forth in Part Two, Section 1 of this Grant Deed. The Grantee covenants and agrees for itself, its successors, and assigns, that the Property shall be improved and developed with the Fire Station in substantial conformity with the terms a nd conditions of this Grant Deed, any and all plans, specifications and similar development documents required for the Fire Station, except for such changes as may be mutually agr eed upon in writing between the Parties, and all applicable laws, regulations, orders and conditions of each governmental agency with jurisdiction over the Property or the Fire Station. The covenants of this Section 4 shall run with the land of the Property until the earlier of the date of recordation of a notice of completion for the Fire Station by the Grantee, or the fifteenth (15th) anniversary of the date of the recordation of this Grant Deed.
Section 5. Covenants Run with the Land of the Property. Each of the covenants and agreements contained in this Grant Deed touch and concern the Property and each of them is expressly declared to be a covenant that runs with the land for the benefit of the Grantor, and such covenants run with the land in favor of the Grantor for the entire period that such covenants are in full force and effect, regardless of whether the Grantor is or remains an owner of any land or interest in land to which such covenants relate. The Grantor, in the event of any breach of any such covenants, has the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings, to enforce the curing of such breach, as provided in the Agreement or by law. The covenants contained in this Grant Deed are for the benefit of and are enforceable only by the Grantor, and shall survive the execution and recordation of this Grantor Deed for the time period set forth above for each covenant.
Section 6. Costs and Attorneys’ Fees for Enforcement Proceeding. If legal proceedings are initiated to enforce the rights, duties or obligations of any of the covenants set forth in this Grant Deed, then the prevailing party in such proceeding shall be entitled to collect its reasonable attorney fees and costs from the other party in addition to any other damages or relief obtained in such proceedings.
Section 7. Effect of Unlawful Provision; Severability. In the event that any provision of this Grant Deed is held to be invalid or unlawful by a final judgment of a court of competent jurisdiction, such invalidity shall not affect the validity of any other provision of this Grant Deed.
[Signature on following page]
5 S
IGNATURE PAGE TO
CITY OF ANTIOCH
GRANT DEED CONTAINING POWER OF TERMINATION
(18th and Wilson Fire Station Property)
I
N WITNESS WHEREOF, each of the parties has caused this Grant Deed to be executed by its respective duly authorized officers.
A
SSESSOR’S PARCEL NO. 051-400-027
GRANTOR:
CI
TY OF ANTIOCH
B
y: ________________________________
Name: ______________________________
Title: _______________________________
GR
ANTEE:
CONTRA COSTA COUNTY FIRE
PROTECTION DISTRICT
B
y: ________________________________
Name: ______________________________
Title: _______________________________
Exhibit A
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document .
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On_____________________ before me, _________________________________ , personally appeared , personally appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/th eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execu ted the instrument .
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct .
WITNESS my hand and official seal.
Signature
____________________________________ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document .
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On_____________________ before me, _________________________________ , personally appeared , personally appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/th eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execu ted the instrument .
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct .
WITNESS my hand and official seal.
Signature
____________________________________ (Seal)
CERTIFICATE OF ACCEPTANCE
ASSESSOR’S PARCEL NO. 051-400-027
The undersigned, being the duly appointed agent of the CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (“District”), pursuant to [ Ordinance, Resolution, etc.] , does hereby accept on behalf of the District, the grant of all interests in real estate for the purposes described in the attached Grant Deed from the City of Antioch, dated _______________________, 20____, and the District consents to the recordation of the attached Grant Deed by the duly authorized agent of the District.
DATED: ____________________
CONTRA COSTA COUNTY FIRE
PROTECTION DISTRICT
By: _________________________________
[Name, Title]
(SEAL)
ATTACHMENT B
VICINITY MAP
RESOLUTION NO. 97/ 99
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING PURCHASE AGREEMENT AND ESCROW
INSTRUCTIONS FOR ACQUISITION OF ALMONDRIDGE
FIRE STATION SITE, APN 051- 400- 027
BE IT RESOLVED that the Mayor is hereby authorized and directed to sign on behalf of the City that certain PurchaseAgreementand EscrowInstructions, incorporatedhereinby reference, betweenthe City ofAntioch andthe McBail Company, for the purchase of the Almondridge fire station site, APN 051- 400- 027.
BE IT FURTHER RESOLVED that all funding for this acquisition shall come from the fire facilities fee account.
BE IT FURTHER RESOLVED that the City Attorney is authorizedto executesuchdocumentsasareappropriatefor the closingof this escrow.
I HEREBY CERTIFY that the foregoingresolution waspassedand adopted by the City Councilof the City of Antioch at a regularmeetingthereof, held on the 8th day of July, 1997, by the following vote:
AYES: Council Members Hernandez, Payton, Soliz, Sudario and Mayor Rocha.
NOES: None.
ABSENT: None.
CITY CLERK OF THE OF ANTIOCH
ATTACHMENT C
RESOLUTION NO. 2023/ 04
RESOLUTIONOF THE CITYCOUNCILOF THE CITY OF ANTIOCH
AMENDINGTHECITY-OWNEDSURPLUSPROPERTYLISTINACCORDANCE
WITH CALIFORNIAGOVERNMENTCODESECTION54220-54234
WHEREAS, California Assembly Bill 1486 ( Ting, 2019), known as the Surplus Land Act ( SLA) and codified in California Government Code Section 54220-54234, imposednewrequirementsonlocalgovernmentsregardingsurplusland; WHEREAS, California Government Code Section 54230( a)( 2)( A) requires the productionand submittalof a list of City-ownedsurpluslandto the CaliforniaDepartment of Housing and Community Development ( HCD); and
WHEREAS, the City of Antiochhas determinedthat it possesses25 distinct propertiesqualifyingas surplus land, shown in the table and map attached as Exhibit 1 to this resolution.
NOW, THEREFORE, BEITRESOLVEDthattheCityCounciloftheCityofAntioch hereby adopts the list of City-owned surplus land in accordancewith California Government Code Section 54230( a)( 2)( A).
I HEREBYCERTIFYtheforegoingresolutionwasdulyadoptedbytheCity Councilof the Cityof Antioch, Countyof ContraCosta, Stateof California, at a special meetingofsaidCityCouncilheldonthe13thdayofJanuary2023bythefollowingvote:
AYES: Council Members District 3 Ogorchock, District4 Wilson, Mayor Pro Tern District 1) Torres- Walker, and Mayor Thorpe
NOES: None
ABSENT: Council Member District 2 Barbanica
ABSTAIN: None
jvit: qiitr- e.--)/ a- ii
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Exhibit 1 — Surplus Property List and Map
ATTACHMENT D
0)
2 2 2 2 2 2 2
in' TA IS IS IA IS til
C 0 0 . 0 . 0 0
O 0 0 7 o 0 0 7
O 0_ n. n n n n n
a o 0 0 0 0 0 0 0
o a) C C C c C c C
Z : U O O o O_ O O O_
a)
7 d a a a a Q a
O ( p
C 0 U) U) U) C) cn
a) C_ _ C C_ c 0 C_ C Cc
m N N N c CO Co
E > C C C C C C C
0 co
E U U U U U U CC)
r_ _
C a) a) a) a) U) Co U)) Co U) Ca v) CO U) CO U) co U) C) y Co U) U) CO CO C . 0 C - 0 C + r C +
J C . 0 C - 0 C + J C ++
C D a)
C
a)
C
a)
C
m
C
a)
C
a)
C
a)
C a) o
N - o a 13 a 7
D . D . 3 . v 3 33
a) a) a) a) L '
7 t ._ _ c '( _ c '( _ c '- 6 _ c '
7 L '
7 . .
N
x x x x rno . ma) . 0) a) rn_ m rna) rno rno 2a)
CC
co C C C C C C C C C C C C
Co co co co co Co co co Coco co co
d C a C a C E c a C a C a c E C a C a C a c E C a
3 3 3
di 0 0 0 0 0 0 0 0 0 0 0 0
Ca) V V c V c V
C U C U C U V
c U C U C U C U
c 3 a) 3 a) 3 m 3 a) 3 a) 3 a) 3 a) 3 a) 3 a) 3 a) 3 a) 3 a) a) on on on on on on oQ on on oa On On
O C!) cn u) C) cis d) v) CD us cn cn C!) C!) v) 1- O) O) a) co co CO N c- 0) 0) O) U .- CO CO a- ' 1- '
O '
O O C)
a) O O O O O O O O O O O
U
Q
Lx
w J - p O O O O O O O
a) a)N C C a) C a) C C C C C C C C C
Co co co co Co co co Coco co
CC6 - > U 0 U U 0 0 U U
Co f Co Co co Co Co co N co Co
co co
Oa Oa > > > > > > > >
C•
Hn
e Q Q -
I - I J - I - I J
I) o a) a) o - o - o - o a - 0 a
C C C C C C
u N
m
cCo
c ca co co ca ca co
Ca
m a 0 ina +, E - o - o aa) a) m 2 2 2 2 2 N N
2 (/) (
n V) fn cn ( n
a ` C > > C N ( n ( n
N y > > a) a) C a) _ c a) a) - c
a) - c a) - c a) - c a) - c a)
o
o75 w ( n win ( n din ( n din din din
3 U)
O O co O O) .- N CO
CCDO
O O N x- O O CD CD
O Co O O O O O O O O Co O
C Z N N A M A CO CO CO
Q
a) O CD CO CO CO N N N N N N
O CO CO ( D CO CO CO O O ( D CO CO
CO CO CO CO CO CO CO CO CO CO CO CO
IS c) O O O O O O CD CD CD
Q
r- N CO CC) CO I CO CA O x- N
a) m 1.15 m
m 2 m
2 a)
F.
U • U _ U U 3
O m m . a)
co) a a a a
N
a)
w
O O O O
O
Z O o _ O O
C C
co
C.) t
o O O O E E E f0
a a a a m m a) a 3
a)
C C_ C_ C_ C C
Cl)
O
N
fo f6 f0 ' Fs fo ( o fo co C
C C C C C a)
o 0 0 0
j U U ii
2U U U U
0 a) a)
ce
13 COC 0) CO C . fo
C .
fo v) fa
C -
o
N p p o m o aci
N m Nis
5 5 C N N E a) E m
c - c c O
C" CD a) a) O) a) o a o a cV N N N o 0
ix _ x _ x _ x ow) ow) x c.) c.) o a a f°
m co coc m co
C
3 _ 3 3 a)
a
3a 3a 3a 3a 3a 3a
f0 3 m _
mom _m c . a
7171 C ' O a) U
L.
o ° co o ° 00 o o
paci E - ac) E aa)) Ewac) l coc ° c U c
U c U c U c
U rn a . z
ya .' ya c j E
a) 3a) 3a) 3a) 3a) 3m 3a) 5 fiCwacv) ac5 ' L. 0 aco oc4
on
ocn corn ow Ir 2otr2occ2octma 00
LD o
fA - CO `-
COO LU 0 N Oco) O O O r O ,--
O O O O O O r CD O NC.)
Q
a)
o 0 0 0 0 0 0 0 0 0 0
fn a)
C C C C C C C C C C C
C
co co as co co co co co co co co aC)U U U U U U U U U U U N 0 a
C
J
J J J J coy
oa a a a a
m?, a ..,
c c c c 2 c
C u m co CO CO a a m o >,
CC co
715 5o
co m fa
c a
53 0 o
m-
UV2mU fA
a
d
Y
C ( I) c c oy () _ c N _ c N _ c N _ c NJ 5 ` 2 N C U ~
D
Q,
CO CO .` O CO r
fo N N N CO 4 a)
3 fn cn fA rn
o
U i w C7 o
U)
I v U) N CO o) N
CO O O p
O O N O O N CO
U Z
O CD CD CD CD CD CD
O CO CO CO CO I- f
raCQ
CV N N N r
Ni- , a- N O
O
Q CD CO
c N N CO CO CO O
O ( O f0 R. r rCO CO CO CD CD CO CO CD CO N IC) tiO O O O O O O O O O O O O r7 0 CO v
T
CO N- CO 0) O .-
r r r r r r N N N N N
1 b
r-
4--
1----..---
7- __. 1
1 41.
410Idb 1 ' '::, it'
I 1•• .0 ....,
14:1 ., ,..- N. 4.. o t... .
N__
os--
4 ..,-,
5 4.:' ' '
N • , l 1615.• i!,,
LI - i
i
Eng=
l• ailimit f— ______ L--- iffi., 40,1 %-%',,
J4,,L EM•_:" ,---.. 4-- ---
r-----‘,
I frfff6
t 1 ,. ,1 71 .
i
Nie,.."..., 1' 'z .\." --'•-•.!"" 40....,..,%, /' 4 i , ojs 4.. 1
4-, '','. 74''' ' E
P, '
X.,"" or,- ,. tt,"' , '''.'" l•
A/
k
44 -T-116,,
1 - " -
I,
tl5 FT 1
I
c
i 000..: 3`• dr• - " ••••
o I,
17.1. oil, 0„,
1 i,....., 1'.•
I a---
e:
j."-
14'piv,;,,,_
3213s• 4- 0 4.„,,,.0.,
J.
7, ,,, • ....-:
1`,..
4-
i ii /"?..
7)_/- ..".
1 '.: 1‘ .'''''•-•'
r '*:
1-....„
111-:
lin i ii- i '-
m n.„_,,,,..,.-
1-1- -
A\ !!,.. Ot.k.:• . 6".- ' •
i
EffligANY, ,,,,t1, 1,,
i ,,
D 1...' . trmi I t1111 p- •--
r, cza \
1_
14,-= ' 4,
EF61,
NIW‘
0:0.1
j,
0 nun
4 ta' -
1, 1-07,-;
ezii-
2-.,,. 77,-.i ---
T
j-= r ''
it.•!..,
4 ".'
s '=
fi-/..-,'3'
c
III*
ay, pi
4 'pilc kig,
ligtrtrzr pi!, j ._,.
00 ta.
44fft 4.iiiL-41
41i
1 Fq AIL
1 _
Ri- ri341-uvT
Cr
0 y)5
CO
44 Is v
4. 4
f
CO
I TrhRoh4it 1 iiti;
co
ifilliC
i
lifftrM I4V. EliFti* i
Tall." SPY''' Ia
1 ' - 613askaq
1a.i irilittw9a
Is 1
1 VT 11 .'-'
n ,•=,
1 4iti t-,,8 LLit /
pme mot. 4. 03 -"
ressi.
I i/
4t / .% II, 1.
79<-• / i I_______4. 1,:. ' v. ' -* ,/ i- , lt - wts, , -,.. ..,,, e,, , ,,
0 4..: .. ...._,
4,
c
z
o.:. 2..:,. '
4,,,„ ,' 741,.! " „,:•
04 2.:'-- g li• ii,,-,
m 4...•*'. , 1,...-,
7, 7) `
r, - -
2,:-1- Vlit.: 4/ 4., ' 1•-,,,,,/
1 c \-•'' iii-V15ekr ,,, 1!, 1;9,/,
9•
CITY OF
ANTI n_ CH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of January 13, 2023
TO: HonorableMayorand Membersof the City Council
SUBMITTED BY: Kwame P. Reed, Economic Development Directo / 1)/e SUBJECT: Amendmentof the City of Antioch's Surplus PropertyList to Include 275 W. Tregallas Rd., Antioch CA
RECOMMENDED ACTION
It isrecommendedthattheCityCounciladopta resolutionamendingtheCityofAntioch's Surplus Property List to include 275 W. Tregallas Rd., Antioch, CA.
FISCAL IMPACT
Theproposedactiondoesnot committhe Cityto sellany propertyor to anyterms. As such, there is no fiscal impact associated with this action.
DISCUSSION
California Assembly Bill 1486 ( Ting, 2019), known as the Surplus Land Act ( SLA) and codified in Government Code Section 54220-54234, imposed new requirements on local governments regardingsurplus real estate. The purpose of the SLA is to promote the development of affordable housing and to require local agencies ( cities, counties and specialdistricts) to useexistingsurpluslandto furtherthisgoal. In summary, the SLA requires cities to document their surplus land, to submit a list of surplus land to the State for publicreview, andto consideraffordablehousingdevelopmenton surplusland ahead of other projects.
On March23, 2021, the Antioch City CounciladoptedResolution2021-41, that approved theCity's SurplusPropertyListinaccordancewiththeSLA. Thepropertylocatedat275 W. Tregallas (" Subject Property"), was not included in the original list, but based on Councildirection, staffwasdirectedto proceedwith addingtheSubjectPropertyto the Surplus Property List.
If approved, staffwill proceedwith makingthe SubjectPropertyavailablethroughthe SLA processand will add the Subject Propertyto the City's Surplus PropertyList.
Surplus Property List
The approved Surplus Property List includes twenty- five ( 25) distinct properties. The propertieson the City's Surplus PropertyList includevacantlots, a gravel parkinglot, and E
Agenda Item #
Antioch City Council Report
January 13, 2023 Agenda Item E 2
a portion of a greenbelt that had been identified as a potential developmentsite. The Subject Propertywill be addedto the existinglist and is summarizedas follows:
PropertyID 25: The parcel locatedat 275 W. TregallasRd. is currentlyutilizedby the Delta Learning Center and is approximately0.427 acres includes a 2,884 square foot building and accompanying parking lot.
The City Council is asked to adopt the Resolution approving the amendment to the Surplus PropertyList for the purposeof complyingwith the SurplusLandsAct.
ATTACHMENT
A. Resolution with Exhibit
13 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Assistant City Manager
APPROVED BY: Bessie Marie Scott, City Manager
SUBJECT: Authorize the City Manager or Designee to Discuss Potential Contra Costa County Homeless Shelter Options on 4.7 Acres of City-owned Property at Delta Fair Boulevard and Century Boulevard
RECOMMENDED ACTION
It is recommended that the City Council authorize the City Manager or designee to discuss potential Contra Costa County Homeless Shelter options on 4.7 acres of City-owned property at Delta Fair Boulevard and Century Boulevard.
FISCAL IMPACT
This action will not have an impact on the City’s General Fund.
DISCUSSION
On March 10, 2020, the Antioch City Council approved the Purchase and Sales agreement of the City-owned property at Delta Fair to Contra Costa County for one dollar ($1). The intent of the transfer was to provide a location in east Contra Costa County for the development of a County run navigation and assessment center, emergency shelter, transitional and bridge housing, and/or permanent support housing for individuals experiencing homelessness.
In 2023, the County provided the City with a grant deed conveying the property back to the City due to a deadline in the original Purchase and Sales agreement that required the County to commence and complete the construction of the facility within two (2) years of the original grant deed.
Due to an increased number of individuals and families experiencing homelessness in Antioch and the surrounding communities, staff is requesting the City Council provide authorization to the City Manager to commence communications with County staff on reconsidering the Delta Fair property for a County-operated shelter.
ATTACHMENT
A. Property Map
14 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of November 26, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Bessie Marie Scott, City Manager
SUBJECT: City Council Requested Discussion Item – Potential Upgrades to Antioch Amtrak Station
RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.
FISCAL IMPACT
The fiscal impact is unknown at this time until direction on this item is provided.
DISCUSSION
The Antioch -Pittsburg San Joaquins Passenger Stop began providing service in its current form to the east Contra Costa County region in Antioch on October 28, 1994. The Stop is served by the San Joaquins line that operates passenger rail service between Oakland and Bakersfield.
On March 24, 2023, the SJJPA voted to decommission the Antioch -Pittsburg San Joaquins Passenger Stop (Amtrak Station). The decision to decommission the Amtrak Station did not have a comprehensive community engagement process nor an analysis concerning the impacts of their decision. The decommissioning of the Amtrak Station will have an immediate negative impact on the local disadvantaged community which include low-income people of color, seniors, veterans, and small businesses that rely on the station. Since that time there have been various meetings and discussions held by City officials and community members regarding next steps as it relates to the possible decommissioning of this stop.
On July 23, 2024, the Council adopted Resolution No. 2024/107 opposing the closure.
The Mayor will provide updates regarding recent conversations he has had related to upgrades to the Amtrak Station.
ATTACHMENTS
None
Agenda Item #
ST
AFF REPORT TO THE CITY COUNCIL
DATE
: Regular Meeting of November 26, 2024
TO: H
onorable Mayor and Members of the City Council
SUBM
ITTED BY: Bessie Marie Scott, City Manager
SUBJE
CT: City Council Requested Discussion Item – $60,000 towards a Chinese Commemoration Public Art Project
RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.
FISCAL IMPACT
The cost of the Chinese Commemoration Public Art Project as presented is $60,000.
DISCUSSION
On June 11, 2024, Christy Chan gave a presentation t o Council entitled “This Way In – Chinese Commemoration Public Art Project.” The Council will discuss the parameters for allocating the funds for this project and provide direction to the City M anager on how t o pr
oceed.
ATTACHMENTS
June 11, 2024 - "This Way In – Chinese Commemoration Public Art Project" ppt. 15 THIS WAY IN
#4
This is true of all of California,
not just Antioch
2021
PAST WORK BY CHRISTY CHAN STUDIO
That’s why we’re here today.
Common values, and a parallel path.
Antioch history is California History
What if the story could be more complete?
What comes after sorry?
THIS WAY IN
Started in 2022
$75K granted so far by national and local
funders:
● Creative Capital Foundation
● Yerba Buena Center for the Arts (Bay Area)
● East Bay Artist Fund x Kala Art Institute (Bay Area)
As of 6/2024 Project has been categorized as a
United Nations Healthy Communities project
The project will gather fifth-generation
Chinese-Californians to co-create a series of
public art installations that celebrate the lives
of the early Chinese in Antioch.
Phase 1 (1.5 years)
Search for descendants / fifth generation Chinese
Americans.
Immigration patterns show that local families moved
around the Bay Area, rather than returned to China.
Phase 1 (1.5 years)
Research the tunnels.
Involve AAPI historians, with local knowledge.
Phase 2 (1 year): Develop a large scale series
of public art inspired by the stories we find.
Art to be determined after research, but will
likely involve contemporary, large scale, multi
media installations; utilizing the project team’s
capabilities
Project Uniqueness:
Let a community speak for itself.
Oral Storytelling has been the means by which many
marginalized communities have kept their stories
alive. Stories passed through families matter.
Intimate lens: Community and cultural insight
In difficult times, art can bring people
together.
Art allows us to see ourselves in each other.
The Goal:
Start conversations that matter to the entire
Bay Area and California
The Goal:
Self-representation by Chinese-Americans
reflects the missing story of broader Bay
Area and California.
Title: This Way In
Inspired by the resilience of
Chinese-Americans who found
ways to build lives, build community.
A way into history
A way into conversation.
A way to see ourselves in each other
A way to see that there is no such thing as model
minority. We are all connected… by struggle, and
messy histories.
A contemporary kind of public art.
The people’s art
Work will be informed by past work and
unique capabilities of the studio.
2021
PAST PRODUCTIONS BY CHRISTY CHAN STUDIO
PAST WORK BY CHRISTY CHAN STUDIO
2021
PAST PRODUCTIONS BY CHRISTY CHAN STUDIO
2021
PAST WORK BY CHRISTY CHAN STUDIO
The studio is recognized for making work that
-creates space for dialogue and vulnerability
-speaks to cultural moments
-communities value which cultivates our sense of
connection to each other for the long term
We are not only seasoned filmmakers and
storytellers, this is more than a job
We believe:
Operating with cultural sensitivity
community insight and nuance matters
A deep intimate love of community matters.
If you don’t start with that, you can’t spread it.
Christy Chan is a Filmmaker, Artist and Creative Director with thirty years experience launching projects that speak to cultural moments and create collective platforms for untold and under-represented American stories, for both the for profit and non profit sectors. Her work has run in 18 countries including the U.S. and has been disseminated as case studies in the for profit sector for social good campaigns.
Nike Women’s Soccer, Equity for Female Athletes (1998)
Dove Real Beauty Global Launch, Co-Exec Creative Director (2004) Everybody Eats Lunch (Public Art, 2017) Inside Out (Public Art, 2018) Dear America (Public Art, 2021) We’ve Waited Long Enough / Gender Equity in Healthcare Movement (Wall Street Journal, March 2024)
TEAM - Christy Chan - Studio Lead
Joanne is an Emmy Award winning
executive producer with over two
decades of experience in
documentaries and non-fiction
programming. Recently, she was
the co-executive producer and a
writer for the Peabody and Emmy
Award winning "City of Ghosts", an
animated docu-style series for
Netflix. Her other credits include
work for PBS, National
Geographic, Current TV, Gizmodo
Media Group, Al Jazeera America,
Discovery, Fusion and Hearst.
TEAM - Joanne Shen - Co-Producer
TEAM - Trisha Lagaso Goldberg - Advisor
Trisha Lagaso Goldberg is an independent curator and artist. As executive director of Southern Exposure, the acclaimed San Francisco Mission District artist-centered organization and gallery, Lagaso Goldberg launched the Youth Advisory Board and worked with hundreds of artists to organize transdisciplinary contemporary art programs.
She is the only woman of color to lead the organization to date. In 2005, Lagaso Goldberg returned to Hawai‘i where she piloted the Hawai‘i State Foundation on Culture and the Arts’ commissioned works branch of its public art program. She was the founding gallery director and curator of the Honolulu Chinatown art space thirtyninehotel and developed an artist residency program that invited artists from outside of the archipelago to create site-specific installations. She is currently researching and developing an exhibition titled, Remittance, for the San Francisco State University’s Fine Art Gallery and the Noguchi + Hawai‘i exhibition for the Honolulu Museum of Art. She is a member of the Ninth Planet, the collective curating the Lagrange Point exhibition for Slash Art in San Francisco.
Lagaso Goldberg lives and works in San Francisco and on the island of O‘ahu.
TEAM - Trisha Lagaso Goldberg - Advisor
TEAM - Gordon Yamate - Advisor
Gordon Yamate (he/him) engages in philanthropy following his professional career as a corporate partner in a national law firm and general counsel of two public companies headquartered in Silicon Valley. He continues as a long-time member of the Board of Trustees of the Japanese American National Museum in Los Angeles, where he chaired the board from 2010 to 2015, and is the immediate past chair of the San Jose Institute of Contemporary Art’s Board of Directors. He currently chairs the Town of Los Gatos’ Diversity, Equity and Inclusion Commission. In addition to teaching as an adjunct lecturer in law at Santa Clara University Law School, he has served on the boards of numerous nonprofit organizations, including the Silicon Valley Community Foundation and the National Conference of Christians and Jews, Silicon Valley Region. He is interested in using the arts to address issues of racism and to create relationships and opportunities that will promote understanding and tolerance among diverse and polarized communities.
TEAM - Loi Almeron
Loi is a video producer and editor of award-winning investigative documentaries and is currently based in the San Francisco Bay Area. She started her journalism career with Probe Productions, pioneer of the longest running investigative documentaries in the Philippines.
She associate produced and co-edited at least 20 full length documentaries for national and international broadcast. One of the first documentaries she worked on, “Johnny: A Juan Ponce Enrile Story”, an in-depth profile of the administrator of Martial Law in the Philippines during the Marcos dictatorship.
Loi provides research assistance on This Way In.
Why Antioch. Why now.
Antioch has already started modeling for other
California cities how this delicate, but necessary
work can happen.
We believe in doing this work in Antioch.
More firsts for Antioch = More first for California
“This Way In” and its objectives has recently been
categorized under the banner of a United Nations
Sustainable Communities project. (June 2024)
The project team has collectively donated 250 hours of
time towards the project so far. We are professionals
taking on a labor of love.
We want to do it for Antioch, we also want to do this with your support.
The research stage is critical and requires momentum.
We are for the city’s support in the form of:
Matching funds to recent grants
$60K
A physical office / headquarters in historic Antioch.
Give the project a home signals commitment.
Search for Descendants
Building and launching of project website $15K
Social Media, eight month campaign $5K
Community ambassadors share word of the project
Outreach to schools, churches, community centers $10K + in-kind donation Media Outreach; for preparation of images and press kit) $3K + in-kind donations Analysis of stories, Documentation Costs,
Interviews with 5th generation families $60K
Project Management and Coordination $22K
Optional, one month long, physical storytelling booth located in Antioch facilitated by project team $15K
Research of Tunnels
Historian, Archaeologist and Personnel Costs $65K
Total Minimum Budget Required for Research $195K
Amount Raised $72K
Additional to be raised through $30K
NEA grants, Kenneth Rainin Foundation, and more
Proposed Request for City $60K
Opportunity for City Support
Research Phase // Budget
2024 - 2025RESEARCH PERIOD
Research of tunnels + Search for descendants of Antioch’s early Chinese Collaboration with key consultants; including Bay Area-based AAPI historian, archaeologist, and safety consultants
Launch of public website, portal for people to contribute stories Interviews + Video capture of research
Partnerships with local and Bay Area based community AAPI groups Co-Research with Antioch Historical Society Museum
2026 - 2027Evaluation of research, Development and Preparation of Public Art Installation Fundraising for Public Art Installation
Formation of creative team to execute public art
2028 Exhibition, Premiere
Public Programs with intended audience of 500,000 people (150,00 Antioch, 350,000 broader Bay Area)*
Long Term Timeline - Projected
2024 doesn’t have to be 1876.
By gathering and sharing the stories of the early
Chinese, we can engage and connect people to a
collective sense of history, community and purpose.
This work has the potential to draw people to Antioch.
Projects like this require dedication, heart, muscle
and belief in the health of communities.
It’s not just for us, it’s for future generations.
Parting Thoughts
We have the power and
opportunity
to not keep leaving the
pages of history blank
Art is a way to start
conversations
Art lets us to take a step forward together
Even if we don’t know all the answers
Art is a way for people to feel seen
And see ourselves in each other
A way to see that our struggles are shared
A way into history
(and a different future)
We can do the hard things
together
Public Art makes
communities stronger
THIS WAY IN
THANK YOU
Christy Chan Studio, LLC
Richmond, CA // Contra Costa County
Supplemental
Predicted audience for exhibition (premiere projected for 2027) will be: 75,000 - 120,000 (drawing from 115,00 Antioch residents, 350,000 in broader Bay Area community) Based on collective outreach potential of key team, community partners, local AAPI orgs supporters and grassroots ambassadors affiliated with project
Outreach / Potential Public Awareness
Community Org #1: 90,000 community members
Community Org #2: 25,000
Community Org #3: 55,000
Community Org #4: 5,000
Community Org #4: 30,000
Grassroots / Ambassador roles: 25,000
City of Antioch: 25,500 - 110,000 (projected)
Team Members Communities 10,000 - 15,000
Bay Area Print + TV Media Coverage750,000+
Based on past media coverage
Of Studio projects
Intended Audience for Exhibition
PAST WORK BY CHRISTY CHAN STUDIO
WHY HERE WHY NOW
It's been 150 years since
Antioch’s sundown era, but the
“othering” of Asian bodies is
still alive in America.
During the pandemic, regional
and national politicians
re-weaponized the archaic
stereotype that
Chinese-Americans carry
diseases, and violence against
Asian bodies has become an
epidemic again.