Con Fire, Walnut Creek Police Bomb Squad, Bureau of Alcohol, Tobacco, Firearms and Explosives assist
By Lt. William Whitaker #6155, Antioch Police Investigations Bureau
Following an investigation that began at 10:00 AM on Tuesday, July 28, 2026, the Antioch Police Department served a search warrant on Thursday July 30th at a residence in the 4000 block of South Royal Links Circle as part of an ongoing investigation involving possible homemade explosive devices.
To ensure the operation was conducted safely, the Antioch Police Department coordinated with specialized law enforcement partners. The Department thanks Con Fire, the Walnut Creek Police Department Bomb Squad, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for their professionalism, expertise and assistance throughout this investigation.
The scene has been secured, and investigators have determined there are no ongoing public safety concerns.
This remains an active and ongoing investigation. To protect the integrity of the investigation, no further information will be released at this time.
The Antioch Police Department appreciates the community’s cooperation and patience during this operation. Anyone with information related to this investigation is encouraged to contact Antioch Police Detective Shaffer at (925) 779-6944 or by email cshaffer@antiochca.gov.
Councilmembers Monica Wilson (top) and Tamisha Torres-Walker and then-City Manager Ron Bernal participate in a council meeting remotely Feb. 26, 2021, during COVID. The practice ended in Feb. 2023. Now a maximum of two council members can participate remotely, and the public can offer comments remotely, as well. Herald file video screenshot.
Requires policy for handling technology disruptions, misconduct
Also, changes rules for officials’ remote participation in meetings and on social media, reporting of compensation for top staff
By Allen D. Payton
Just like during COVID, members of the public again have the opportunity to participate remotely in city council and other government meetings, either by phone call or online via videoconferencing. Passed in 2025 and signed into law last Oct. 3, Senate Bill 707 modernizes the Ralph M. Brown Act, California’s open meeting law, went into effect July 1, 2026, and lasts until January 1, 2030. It requires that “all open and public meetings include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform.” In Antioch, the law applies to all public meetings “of the City Council and all eligible subsidiary bodies as directed by the City Council,” such as commissions, boards, committees and council subcommittees.
In addition, the law requires, “an eligible legislative body, on or before July 1, 2026, to approve at a noticed public meeting in open session a policy regarding disruption of telephonic or internet services occurring during meetings subject to these provisions, as specified, and would require the eligible legislative body to comply with certain requirements relating to disruption, including for certain disruptions, recessing the open session for at least one hour and making a good faith attempt to restore the service.”
The new law also requires “that the eligible legislative body take specified actions to encourage residents to participate in public meetings.” District 3 Councilman Don Freitas suggested at the meeting on Tuesday, July 28th, that the council make an effort to inform the public of the new, remote process.
Source: City of Antioch
During their meeting on April 14, 2026, the Council was provided a presentation on SB707 (agenda Item 13) which included various changes to the state’s open meeting law.
Orderly Conduct – Mayor Can Cut Off Disruptive Remote Participants
The new law “Clarifies statutory authority to remove disruptive remote participants to maintain the orderly conduct of the meeting” for proper decorum. “The Chair must issue a specific warning before muting or disconnecting a disruptive user” to prevent “Zoom Bombers” as occurred during COVID with comments that included profanity and racial epithets by some who called in during public comments. The Council must also “Establish clear conduct rules (e.g., time limits, profanity) and apply them neutrally to all speakers.”
Technology Disruptions
The City Council approved Antioch’s policy regarding technology disruptions during their meeting on May 12, 2026 (See agenda Item 9). According to the staff report on the policy, it “ensures transparency, public participation, and continuity of government during technology disruptions if the City Council finds the public interest in continuing the meeting outweighs the public interest in remote public access.”
If a technology disruption occurs, “the meeting must remain in recess for up to one hour or until remote access is restored, whichever occurs first. If service is restored within that time, the Council will reconvene and proceed with the agenda.”
According to the April 14th presentation, technology disruptions require a:
Mandatory Pause: If remote access service fails, the legislative body must recess to attempt to restore the connection before adjourning;
Public Notification: Staff must immediately post real-time status updates on the meeting webpage and announce the delay on all available social channels.
Physical Access to Meeting Room: The physical meeting room must remain open and accessible to the public during the entire recess period.
The “Public Interest” Finding:If remote service is not restored after one hour, the Council may make a formal finding that the “public interest in continuing the meeting outweighs the lack of remote access.” This finding must be adopted by a recorded roll call vote before any further business occurs.
Meetings of Other City Legislative Bodies
The presentation explains that meeting of other eligible city boards, committees, commissions and council subcommittees “include bodies that serve exclusively in advisory capacities, cannot take final action and do not have primary subject matter jurisdiction. (Example: APOC – Antioch Police Oversight Committee). These can include bodies constituted with elected officials. (Example: Cannabis Subcommittee).”
However, “the City Council must formally direct these bodies follow two-way requirements. To do so, the Council must find that circumstances justify use of two-way communication, such communication would enhance public access, and would promote attraction, retention and diversity of the bodies’ memberships. Findings would have to be made by resolution of the City Council.”
Finally, “if two-way communication is required, there must be one physical meeting location, at least one board and staff member must be present there and the present board member must appear on camera. Special standards apply if any member appears via teleconferencing.”
More Reasons & Opportunities for Officials’ Remote Participation in Meetings
SB707 also adds more reasons why public officials can participate in meetings remotely and increases from two to a maximum of five uses per year. Valid reasons labeled, “Just Cause” and “Emergency Circumstances”, now include family medical emergencies, childcare or caregiving needs, military service and contagious illness.
Members must “provide notice and public disclosure at the start of the meeting in accordance with local procedure” and
“explicitly disclose if any individuals over the age of 18 are present in the room with them, and state their relationships…during roll call.”
“The City is required to publish a member-by-member utilization report annually to ensure accountability,” the presentation added.
But a majority of the members must be present in-person to have a quorum to conduct a meeting.
Officials’ Participation on Social Media
The law also changes how public officials can engage with the public on social media. According to the April 14th presentation, officials may now engage with the public’s posts on city matters (e.g., answering questions on a resident’s post, but it includes a strict prohibition that “officials cannot respond to, like, share, or repost other council members’ content on the same topic to avoid ‘serial meetings’” of a majority of members outside the setting of a publicly noticed meeting.
Reporting of Staff Compensation Before Council Vote
Also, according to the presentation, the new law requires that the Council provide, “An oral report…in open session before taking final action on compensation” for all department heads not just for executives such as the City Manager and City Attorney. “The verbal report will include the position title, a summary of compensation elements, and any contract changes.”
Antioch Virtual Speaker Rules& Procedure
According to the Speaker Rules published in each council meeting agenda, “The public has the opportunity to address the City Council on each agenda item. No one may speak more than once on an agenda item or during ‘Public Comments’.
“To provide oral public comments during the meeting, please click the following link to register in advance to access the meeting via Zoom Webinar:
“You will be asked to enter an email address and a name. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. When the Mayor announces public comments, click the “raise hand” feature in Zoom.
“When calling into the meeting using the Zoom Webinar telephone number, press *9 on your telephone keypad to ‘raise your hand’. Please ensure your Zoom client is updated so staff can enable your microphone when it is your turn to speak. Speakers will be notified shortly before they are called to speak.
“When you are called to speak, please limit your comments to the time allotted. The City cannot guarantee that its network and/or the site will be uninterrupted.”
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.
The City of Antioch is now accepting applications for two important volunteer opportunities: Sales Tax Citizens’ Oversight Committee – Help promote transparency and accountability by reviewing sales tax revenue and expenditures, monitoring compliance with ballot measure requirements and advising the City Council on oversight matters; and the Board of Administrative Appeals (BOAA) – Serve your community by reviewing administrative determinations, conducting public hearings, evaluating evidence, and helping ensure fair and impartial decisions.
These are meaningful opportunities to contribute your experience, strengthen local government, and serve your community.
Sales Tax Citizens’ Oversight Committee Details
The Sales Tax Citizens’ Oversight Committee shall review the expenditures and report publicly how the funds from the City’s Measure W one-cent sales tax are being used to address the City Council’s stated priorities of maintaining Antioch’s fiscal stability, police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality/safety; repairing streets; cleaning up parks/illegal dumping; restoring youth afterschool/summer programs; and other essential services.
Committee members are responsible for the following duties:
Reviewing annual sales tax revenue and expenditure reports.
Monitoring compliance with ballot measure requirements.
Providing transparency to the public regarding fund usage.
Advising the City Council on accountability measures.
Each year, an independent auditor shall complete a public audit report of the revenue raised and its expenditure. The Committee’s review shall be completed in conjunction with the City’s budget process. The Committee’s report on its review, whether oral or written, shall be considered by the City Council at a public meeting before April 1 of each year. Any written report shall be a matter of public record.
The Council’s intent of Measure W is to split the revenue on the following basis: 80% for the maintenance of public safety, 10% for youth services, and the remaining 10% for supporting quality of life and fiscal stability and accountability. The sales tax passed by Antioch voters in November 2018 lasts for 20 years. (See related Herald articles here, here, here and here)
The official ballot measure language reads: “Antioch’s Quality of Life Measure. To maintain Antioch’s fiscal stability, police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality/safety; repairing streets; cleaning up parks/illegal dumping; restoring youth afterschool/summer programs; other essential services; shall the measure be adopted approving an ordinance to renew the sales tax at the one-cent rate, raising approximately $14,000,000 annually, expiring in twenty years, with mandatory annual independent financial audits, and independent citizens oversight?”
Committee Seats:
Seven (7) Members, 4-year terms.
Vacancies:
Three (3) Full-Term Vacancies, expiring March 2030
Two (2) Full-Term Vacancies, expiring March 2028
Meetings: The Committee shall meet at least twice a year.
Staff Liaison: Dawn Merchant, City of Antioch Finance Director
Requirements:
Must be a resident of the City of Antioch.
At least one member of the Committee shall have a financial, accounting or auditing background.
Commissioners are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
Commissioners are required to complete a 2-hour online AB1234 Ethics course within one year of their appointment.
Newly appointed and reappointed Members are required to take an Oath of Office administered by the City Clerk.
The BOAA hears appeals regarding administrative decisions by any official of the city and approves liens on properties.
Board members are responsible for carrying out the following duties:
Reviewing administrative determinations.
Conducting public hearings.
Evaluating evidence and testimony.
Rendering fair and unbiased decisions.
The Board consists of five members and one alternate to be appointed by the Mayor and confirmed by a majority of the Council. The alternate member shall serve a term of two years.
Committee Seats:
Five (5) Board Members, 4-year terms.
One (1) Alternate Board Member, 2-year term.
Vacancies:
Three (3) Full-Term Vacancies, expiring March 2030
One (1) Alternate Vacancy, 2-Year Term
Meetings: First Thursday of the month at 3:00 p.m.
Staff Liaison: City Clerk’s Office
Requirements:
Must be a resident of the City of Antioch.
Three (3) members shall have experience in building construction trades and/or training in the CA Code of Regulations.
Board members are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
Board members are required to complete a 2-hour online AB1234 Ethics course within one year of their appointment.
Newly appointed and reappointed Members are required to take an Oath of Office administered by the City Clerk.
Application Deadline: Friday, August 14, 2026, by 5:00 PM
To be considered for the vacancy position(s), please complete an application and submit it to the City Clerk’s Office by the deadline date listed above. Applications are also located on the City’s Website at www.antiochca.gov/739/Boards-Commissions and may be picked up in person at Antioch City Hall, 200 H Street, Antioch, CA.
Please email your completed application to: cityclerk@antiochca.gov. You can also drop off your application (Attn: City Clerk) in the water billing drop-off box located in the parking lot just outside of Antioch City Hall.
Florence “Chickie” Rundall’s family, including husband Dennis and sons (center), were joined by the city council members and city clerk following presentation of the proclamation on July 28, 2026. Photo by Allen D. Payton
By Allen D. Payton
During their meeting on Tuesday, July 28, 2026, the Antioch City Council honored honor the late and former City Clerk Florence “Chickie” Rundall who passed away on June 11th. Mayor Ron Bernal read the proclamation approved unanimously then presented it to Rundall’s family members, including her husband Dennis, who were in attendance. Her oldest son spoke and thanked the council who then took photos with the family.
PROCLAMATION IN MEMORY OF FLORENCE “CHICKIE” VIRGINIA RUNDALL FORMER CITY CLERK
WHEREAS, the City of Antioch and the community lost a deeply cherished community member, with the passing of Florence “Chickie” Rundall on June 11, 2026;
WHEREAS, Florence “Chickie” Rundall born October 1, 1940, in Miami Beach, Florida, dedicated her life to public service;
WHEREAS, Florence “Chickie” Rundall faithfully served the City of Antioch, first as Deputy City Clerk and later as City Clerk, where her integrity and exemplary work ethic contributed significantly to the transparent operations
of municipal government for nearly 25 years;
WHEREAS, Florence is remembered as a distinguished individual whose devotion to civic responsibility has set a lasting standard of excellence for all who follow;
WHEREAS, beyond her professional accomplishments, Florence was a loving mother, wife, grandmother, and devoted community member, leaving behind a legacy of kindness, warmth, and cherished memories shared among her family, friends, and colleagues; and
WHEREAS, the City of Antioch honors Florence, and memorializes her dedication and commitment to the community.
NOW, THEREFORE, I, RON BERNAL, Mayor of the City of Antioch, hereby recognize the significant contributions of Florence “Chickie” Virginia Rundall over the course of her distinguished career and join the community in mourning her passing.
We were at the Antioch Library today, Wednesday, July 29, 2026, for a General Plan Visioning Workshop, as part of the General Plan Update process, connecting with residents to hear what they love about Antioch and what they’d like to see in the years ahead.
Thank you to everyone who stopped by to share ideas, ask questions, and help shape the vision for our community’s future.
Missed us today? There’s still another opportunity!
Following approval of the proclamation recognizing the 60th anniversary of the Sister City relationship, the seven students and chaperone from this year’s Chichibu, Japan delegation was joined by their host families, organization leaders and council members during the Antioch City Council meeting Tuesday, July 28, 2026. Photo by Allen D. Payton
By Allen D. Payton
During their meeting on Tuesday night, July 28, 2026, the Antioch City Council unanimously adopted a proclamation in honor of the Antioch-Chichibu Sister City relationship’s 60th anniversary. That was followed by a photo with the seven visiting students from Chichibu, Japan in this year’s delegation, as well as their chaperones, host families and organization leaders.
WHEREAS, in 1956, President Dwight D. Eisenhower initiated a new international Sister City program for the purposes of cultural and economic exchange by establishing relationships between cities of similar size and economic base;
WHEREAS, in the 1960s, Mayor Verne Roberts traveled with the League of California Cities to six countries, including Japan, to investigate the possibility of establishing a Sister City relationship; and at the same time, Chichibu City was seeking a sister city in California;
WHEREAS, the two cities were likely candidates to be each other’s sister city as each city had manufacturing plants, were situated near a river, had a mountain in the vicinity, and were at the edge of the economic sphere of a large metropolitan area;
WHEREAS, in 1967, the City Council adopted a resolution formally accepting Chichibu as Antioch’s Sister City, with annual exchanges occurring every year beginning in 1971 with Antioch visiting Chichibu on odd numbered years and Chichibu visiting Antioch on even numbered years;
WHEREAS, this year in Antioch and next year in Chichibu, we celebrate sixty years of enduring friendship between our two communities having been united by a shared commitment to international goodwill, cultural understanding, and enduring friendship;
WHEREAS, generations of students, families, educators, civic leaders, and volunteers have strengthened the bonds between our cities through exchange programs, homestays, cultural experiences, and personal relationships that have enriched countless lives;
WHEREAS this extraordinary partnership has demonstrated that genuine friendship transcends language, geography, and culture, reminding us that respect, honor, kindness, and mutual understanding build stronger communities and a more peaceful world; and
WHEREAS, we proudly celebrate this historic milestone, we reaffirm our commitment to preserving and strengthening this treasured bond between Antioch and Chichibu so that future generations may continue to learn from one another and carry forward the spirit of international cooperation and goodwill.
NOW, THEREFORE, I, Ron Bernal, Mayor of the City of Antioch, do hereby proclaim the celebration of the 60th anniversary of the Sister City Relationship between the City of Antioch and Chichibu City, Japan, honor the rich history we have shared and look forward with hope and gratitude to many more decades of annual exchanges and lifelong friendships.
Source: Joy Motts for Antioch City Council District 1 2026
To hold nomination papers signing event Thursday
By Allen D. Payton
In a post on her campaign Facebook page on July 26, 2026, former Antioch councilwoman and school board trustee, Joy Motts, announced a third run for city council against District 1 incumbent Tamisha Torres-Walker. Her slogan is, “A Fierce Advocate for Antioch.”
The post reads, “It’s official! Joy Motts is running for Antioch City Council, District 1. A fierce advocate for Antioch, Joy is committed to building a safer, stronger and thriving community for everyone. She’s ready to lead, listen and work hard for all District 1 residents. Choose Joy. Choose progress. Choose a brighter future for District 1.”
Motts also posted a video announcing her campaign in which she said, ““I’m ready to lead and to listen and to work hard.”
Motts previously served on the Antioch City Council from 2016-2020 and the Antioch School Board from 2010-214. She lost her re-election bid against Torres-Walker in 2020, then lost again in 2022 challenge by just four votes following a recount.
Motts also announced a “Tacos with Joy” nomination papers signing event to be held tomorrow, Thursday, July 30th, at Celia’s Mexican Restaurant, where residents can “learn more about her vision for a safer, stronger and thriving District 1.”
The candidate has also served the community as the long-time president of the Celebrate Antioch Foundation which organizes events throughout the city, each year and has led the effort for the RiverTown Square event center project proposed for the former Antioch Lumber Company lot in downtown.
For more information about Motts and her campaign visit her website, which has not yet been updated for this year, at https://joymotts.org.
UPDATE 1: So far, she is one of two potential challengers in the race for the election on Tuesday, Nov. 3rd. Former Antioch School Board Trustee Diane Gibson-Gray announced on her personal Facebook page on July 25 that she too had pulled papers for a second run to replace Torres-Walker. The incumbent has yet to announce a run for re-election but the website from her last campaign is still up as does Gibson-Gray. UPDATE 2: However, Gibson-Gray later shared that she had actually posted on the home page of her website seven months ago, “Diane Gibson-Gray Antioch City Council District 1 November 2026.”
As of Wednesday, July 29th all three have pulled nomination papers yet none have yet filed them. The filing period closes at 5:00 p.m. Friday, August 7, 2026.
Map of CRPC’s 35-mile Union Island Pipeline of which 8.5 miles runs through Antioch. Source: CPRC
Mentions opportunity to negotiate new franchise agreement
Company’s attorney refutes City staff’s portrayal of continued operation during litigation
By Allen D. Payton
During their meeting on Tuesday, July 28, 2026, the Antioch City Council voted 4-0 to deny the Encroachment Permit Appeal of California Resources Pipeline Company, LLC (CRPC), owner of the low-pressure, natural gas pipeline that runs under the city and has been shut off since 2021. (See related articles here, here and here)
In introducing the public hearing on the matter, under item #6 on the agenda, Antioch Public Works Director and City Engineer Scott Buenting said, “An Encroachment Permit is not the appropriate process.”
Dean Persinger,Vice President of Operations and Ester Brawley, VP of Technical Operations for California Resources Pipeline Company (CPRC) provided the company’s presentation.
He said the company applied for the Encroachment Permit “to maintain the right-of-way.”
Assistant City Attorney Kevin Kundinger spoke on behalf of the City saying, “The City requests the city council denies the appeal and uphold the decision of the City Engineer.”
“An encroach permit is not the appropriate approach for this long-term encroachment…for a project of this magnitude. It’s normally used for a short time and limited scope,” he explained. “They wanted to continue to pump gas…when before in order to do that they had to through the franchise agreement process.”
Kundinger also pointed out the company continued to operate the pipeline although the city council majority in 2021
“Even if you were to find the process is appropriate, CRPC failed to comply with the code,” Kundinger added. “This was an end route around” the council’s decision to not renew the franchise agreement, he stated.
Public Comments
During public comments, resident Harry Thurston spoke of his concerns about safety as the pipeline runs near homes and Sutter Delta Medical Center.
Bob Brown spoke next “on behalf of the Western States Petroleum Association” about the “safety and jobs” and that “The pipeline is safe and well-maintained. “Safe and reliable energy are essential” and asked the council to allow it to resume operations.
Resident Mark Jordan said, “This is a situation where both sides are right and both sides are wrong. The last council and a group of people decided we didn’t want petrochemicals running through our city. If it’s not organic, it’s not stone…it has petrochemicals in it. To believe that we don’t need pipelines is wrong.
“We’ve been told that they ran gas through that pipeline after they were denied. That’s disconcerting,” he continued.
“Where you are is, the juice isn’t worth the squeeze. You’ve been in court running up bills,” Jordan stated. “You want it solved? You put them in a room with a representative from the city and mediator. I’ll do it.”
“They’re going to have to pay a penalty for using that pipeline after they no longer had a franchise agreement,” he continued. “I support giving them a franchise agreement. The way to go is ‘what’s in it for us’? They’ll pay, because they want it and because they make $3 billion a day (as an industry). We need petrochemicals and they need their pipeline. They can just load up a thousand trucks and run them down our street and there’s nothing you can do to stop them? What’s the better way to move the petrochemicals?”
“He wants to cut a deal. Let’s do it,” Jordan concluded.
Timothy Jeffries spoke on behalf of the International Brotherhood of Boilermakers saying, “I’m here as a worker…maintaining this infrastructure. It supports high-quality jobs, family-supporting wages…right here in this city.”
Resident Jan Warren said, “I want to support Harry Thurston’s comments. I hear these same stories at the Air District, the legislature bill sessions. I don’t believe any job is being created here in Antioch by that 8.5-mile pipeline.”
“Thank you, City Attorney and City Manager for saying, ‘no’ when they didn’t follow the rules,” she continued. “They’re trying to work their way around. It’s time to deny…this appeal.”
Former Councilman Ralph Hernandez said, “I’m with the City, the appeal should be denied” claiming it’s “a very dangerous transportation of natural gas. Don’t let a big corporation come here and basically bribe you with what they want. I don’t know what the potential danger these pipelines create. Think of the city and its safety and whether it’s a good thing or not.”
Mark Hughes said by Zoom (which is now allowed by state law), “I’m the Executive Director of the Industrial Association…in the Bay Area…in support of the encroachment permit.” He also mentioned, “California has the strictest…regulations in the nation and the world.”
“It actually results in an overall increase in greenhouse gas emissions,” he added.
Resident Frank Sterling, also speaking via Zoom, said, “I’m going to speak out against the pipeline.” He referred to the explosion of the pipeline in San Bruno. “I’m just against it.”
APOC Vice Chair Devin Williams said, “I’m against this pipeline, as well. I actually live in District 4 and there’s a pipeline running through my community.”
Resident Andrew Becker spoke last during comments saying, “I’ve lived next to this pipeline for the past 30 years…and what I really think about is…the only thing I’ve really seen changed is the sidewalks lift and cracked, yet there’s yellow stakes telling us there’s a pipeline undergound. I can assume it’s being maintained.”
He mentioned his appliances being gas powered and said, “Should this pipeline go away and other pipelines go away, my bill’s just going to go higher and higher.”
“Somebody in this city is not negotiating properly. Along with maintaining the pipeline, maybe they can plant some flowers,” Becker concluded.
CRPC Attorney Refutes City Staff’s Comments on Continued Use of Pipeline
The proponent had five minutes for a rebuttal comment in which their attorney used it to explain the company’s continued use of the pipeline after the council denied the renewal of the franchise agreement for its use in 2021.
Michael Mills, outside counsel to CRPC mentioned “a letter sent to staff and council, yesterday. Most importantly, it’s been now, almost five years, that the prior council decided to reject the franchise agreement. Since then, there’s been litigation.”
“The company negotiated a series of extensions to continue to operate the pipeline,” he explained. “The judge invited the City to enjoin the company from operating the pipeline during the legal challenge, but it did not do so.”
“Up until the point the company lost the legal challenge to the denial the company operated the pipeline. It wasn’t correctly stated in the staff report,” Mills pointed out.
“The company very much wants to work out something with the City,” the company’s attorney stated. “That’s the entire reason we’re here asking you for this permit.”
Council Discussion and Decision to Uphold Staff Denial
During council discussion, District 3 Councilman Don Freitas said, “The issue for the council is on the recommended action. Is an Encroachment Permit appropriate? The answer is ‘no’.”
“It’s simply about whether an Encroachment Permit is the proper process,” Kundinger said.
“I do think it’s creative,” Freitas stated. “Let’s not make it difficult. Let’s not bring in these other issues.”
“The company is not precluded from asking the city to sit down and discuss a franchise agreement,” he continued.
“The company has not been operating the pipeline for several years,” Freitas stated.
“I cannot confirm or deny if they have been using it. I have no personal knowledge,” Kundinger responded.
“How much in mitigation fees would we get?” District 4 Councilwoman Wilson asked.
“I believe the original was $75,000,” Kundinger said. That was from 2016-21. “Those were amounts fixed by agreement.”
“If a franchise agreement were in place, then an encroachment permit would be appropriate?” Mayor Ron Bernal asked.
“Permission could be given through a franchise agreement, yes,” Kundinger responded.
The motion by Freitas to uphold the city staff denial of the encroachment permit passed 4-0.
