Adopt revised “in-law” or “granny” housing unit ordinance

By Allen Payton

At their meeting on Tuesday, Feb. 25 the Antioch City Council learned of the differences between a general law city, which Antioch currently is, and a charter city and what it would take to become one. According to the staff report two differences that a charter city allows are the ability to implement a real estate transfer tax and have higher council salaries. (See related article).

But, following a report by City Attorney Thomas Smith, they decided to the table the matter indefinitely.

“This was requested by Councilmember Thorpe,” said City Manager Ron Bernal.

Smith then provided the staff presentation saying “it’s a substantial process” to convert to a charter city.

“If you were to decide today that you are interested in it, we would take the next level of depth…do further research,” he said. “What is provided in this set of information is an overview…the fiscal impact, which is one of the things required.”

“The general law city provides you with a structure under statutory law. The charter city allows you more flexibility, but requires more responsibility,” Smith said. “What you really have to do is envisioning what is the reason why we want to convert. So, it’s a substantial process.”

“How you’re going to structure your government…that fits into this category of municipal affairs,” he continued. “We would have to look at what case law says, to compare what is a municipal affair versus a statewide issue.”

“The charter is essentially the city’s constitution,” Smith explained. “After you establish a charter, you’d have to take it to the ballot to get approval for changes. It shifts the power to the hands of the voters.”

“It’s a really big decision and when you sort of weigh the balances,” he said. “It will involve costs…a dedication of time. It will move you away from a very established framework in the state.”

None of the council members had any questions for the city attorney, so Mayor Wright opened it up for

Gil Murillo was the only one to speak during public comments.

“A charter city is an ideal utopian state,” he said. “I would hope you take strong consideration. He mentioned Richmond and San Ramon as the only charter cities in the county.

“Richmond has the same population as Antioch, but their police force is 180,” Murillo stated. “Employments and channels of funds have to be fiscally in place to go to that form of government. One-third of our cities are charters in California. We need to be fiscally responsible and go through another decade before considering it.”

“Would that mean we wouldn’t have to follow state laws that just came down?” Mayor Pro Tem Joy Motts asked.

“If you take the ADU ordinance…you would follow it because it’s a statewide issue,” Smith responded. “A question of what we have to follow is an issue of what is a municipal affair versus a statewide concern. But, most of the new, what I think you’re thinking of, you would have to follow.”

“There’s been a flurry of legislation…some of it has gone too far,” Motts said.

“It’s in the hands of the courts if there’s not precedence,” Smith responded. “You will be able to find some areas where you don’t have to follow state law. It won’t be every case.”

“The question…being asked, these new land use laws that just came in, do the third of charter cities have to follow them?” Wright asked.

“It’s a case by case basis on each law,” Smith said. “Or you’re back to what are the other charter cities not doing. We could join that group. It is a case by case analysis. That’s why we’re talking about costs. It’s a more intensive analysis. That’s part of the costs you pay for having more authority.”

“Our former city attorney, city manager brought this before us, for a more specific purpose, for a transfer fee,” Councilmember Lamar Thorpe said. “I hear you when you talk about the complexity to all of this. I think there’s a lot to look at. If we even decide to do that, I think an ad hoc committee should come back to council.”
“And you’d want to have some study sessions,” Smith said. “There’s some rewards there but it’s a lot of work.”

“We’re going to go through growing stages…my recommendation would be we can turn this into an ad hoc.

“I just think there is a lot of expense and work to be done,” Ogorchock said. “There’s so much we’re asking of staff, right now. I think this is great to look at and maybe some time down the road. I think it should be tabled, right now.”

“There’s still a lot of information I need to have,” Councilmember Monica Wilson said. “Even looking at the two cities in Contra Costa, they’re different. We’re working on a lot, right now. I need a lot of information…we need to be very careful. Maybe look down the road. This is not a decision we make lightly. Maybe down the road we can revisit this, again.”

“If the zoning gave us more freedom, we are losing so much local control, right now,” Wright said. “If it gave us more freedom there, I think this would be something worth looking at. As I looked through the chart, I don’t see enough difference there. I think in the future, I have no problem. But, for now this is something we table.”

“I think with direction this has been tabled indefinitely,” he concluded.

Accessory Dwelling Unit Ordinance Adopted, Fees to Be Decided At Next Council Meeting

Also during the meeting, the council adopted a revised Accessory Dwelling Unit ordinance, in response to the new state laws that went into effect on Jan. 1, 2020, making it easier and less costly to build what is known as an in-law or granny housing unit on residential property.

“This item repeals and replaces the city’s ordinance for compliance with state law,” said Zoe Meredith.

The owner-occupancy requirements are repealed until Jan. 1, 2025.

Joe Bosman was the only member of the public to speak during the public hearing.

“The Planning Commission recommended to the council that the granny fees be capped. But staff chose to ignore the Planning Commission. Without a price tag this ordinance is flawed.”

“Let’s be honest, staff, what’s really at stake is the city’s mantra is not to provide affordable housing for those on the cusp of being homeless,” he said.

Thorpe then said, “I see that there are impact fees on Attachment E. ADU’s of 750 square feet or less have no fees.”

“That is correct under state law,” Meredith said.

“In two weeks, we will be discussing ADU fees,” said Community Development Director Forrest Ebbs.

“There’s still a process for the public to participate in regarding fees,” Thorpe stated.

“We are recommending introduction of this motion,” Ebbs said in response to a letter that was received with questions about the ordinance, before the meeting.

Ogorchock asked about cities being allowed to prohibit short-term rentals of ADU’s.

“Air BnB’s would not be allowed any more, but cities would be allowed to prohibit them,” Meredith responded.

“I just want the community to understand that what we are doing here is in compliance with state law as of Jan. 1, 2020,” Mayor Pro Tem Joy Motts stated.

Ogorchock made the motion which included striking the size requirements and the zoning requirements proposed by staff last minute in response to the letter that was received. Thorpe seconded it and it passed unanimously.

Two patients, who were not infected in Contra Costa, sent from Travis Air Force Base to local hospitals

Contra Costa Health Services (CCHS) today confirmed two cases of novel coronavirus (COVID-19) in patients being treated at hospitals in the county.

The patients were transported to Contra Costa County early this morning from Travis Air Force Base in Solano County, where some international travelers have been recently quarantined because they may have been exposed to the virus.

The patients, who were among the recent U.S. evacuees from the quarantined Diamond Princess cruise ship in Japan, are receiving care in Contra Costa due to a lack of space at facilities closer to the base that can properly isolate them to minimize the risk of spreading the virus. While the two patients tested positive for COVID-19, they have yet to show any symptoms of the virus, such as fever and difficulty breathing.

The hospital and public health officials are working closely with the U.S. Centers for Disease Control & Prevention (CDC) and the California Department of Public Heath (CDPH) to ensure the patients receive excellent care and that all procedures are followed to protect the community from COVID-19.

“Our county’s healthcare system is prepared to handle COVID-19,” said Dr. Chris Farnitano, Contra Costa County Health Officer. “We have been working with our hospital partners to follow safety protocols to keep patients and healthcare workers safe and minimize the risk of the virus spreading in Contra Costa.”

The patients did not become infected in Contra Costa County. CCHS will not release further details about the patients to protect their medical privacy.

“We’re not identifying the hospitals for privacy,” said Will Harper, the Acting Communications Officer for Contra Costa Public Health

A suspected case of the Novel Coronavirus at the Contra Costa Regional Medical Center that had staff concerned about protocols, earlier this month, was of a Martinez woman who had returned from China two days before. But that was confirmed the following week to not be. (See related article).

Asked why the patients were brought here and if they were from Contra Costa County, Dr. Farnitano responded, “the Travis facility is designated by the CDC as a quarantine facility – someone who might have been exposed but doesn’t have symptoms – but they’re not set up to be an isolation facility for people experiencing symptoms. Solano County has maximized its isolation rooms, so they’re reaching out to other, neighboring counties.”

Asked how many isolation rooms there are in the county, he said, “available rooms vary from day to day. Some are used by other patients for other conditions. We have a dozen or so rooms across the various hospitals.”

Asked if we can expect more patients brought to the county, Dr. Farnitano said, “It’s possible, if the tests return from the CDC from the Travis quarantine travelers, we could see more patients that need to be placed in local hospitals.”

“The hospitals we have been working with in the county to be prepared for this, they’re familiarizing their staff with the CDC protocols and procedures to properly protect their staff and patients,” he added.

Asked if people should be concerned, Dr. Farnitano stated, “there’s no vaccine, but most people have very mild cases. It’s the elderly and those with other medical conditions that are most susceptible.”

“The mortality rate seems to be higher than the seasonal flu,” he continued. “But we don’t know how many have symptoms. Most people seem to get just a mild illness.”

“We are working very closely with the CDC, on conference calls with them several times a week and keeping up with their latest recommendations,” Dr. Farnitano stated. “One encouraging sign is we don’t see a lot of children in other countries who are getting the severe symptoms of the disease for the most part,”

The best way to reduce your risk of becoming infected with a respiratory virus, such as COVID-19, is to practice good hygiene:

• Wash your hands frequently with soap and water for at least 20 seconds
• Use an alcohol-based hand sanitizer when soap and water is not available
• People who are sick should always cover their coughs and sneezes using a tissue or the crook of their elbow; wash your hands after using a tissue to wipe your nose or mouth
• People who are sick should stay home from work or school until they are well
• Avoid touching your eyes, nose or mouth with your unwashed hands

Contra Costa residents should contact their healthcare providers if they have symptoms and had close contact with someone with symptoms who traveled in the last 14 days from China.

All travelers to the U.S. from China since Feb. 2 have been asked to self-quarantine under the guidance of their local public health department for 14 days.

Visit cchealth.org/coronavirus to learn more about COVID-19.

Allen Payton contributed to this report.

 

Give $4 or More for the Fourth!

The annual fundraising campaign to help pay for all the Antioch July 4th Celebration festivities, including the parade in historic, downtown Rivertown, where Antioch got its start and was renamed from Smith’s Landing on July 4th, 1851, as well as the live music, use of the fairgrounds, public safety and of course the awesome fireworks show, that night.

The day’s activities will also include a car show, as well as food, craft and vendor booths.

So far $20,000 has been raised out of the total goal of $90,000. We’re asking everyone to do something and if every family in Antioch gave just $4 we’d meet our goal.

So, do what you can to help the Celebrate Antioch Foundation put on another fun, festive time celebrating Independence Day, and both America’s and Antioch’s birthdays!

Give $4 or more for the 4th with a tax deductible contribution at www.CelebrateAntioch.org. Then be sure to watch the thermometer on the front page of the Antioch Herald each month and this website, as well as the Celebrate Antioch Foundation, Antioch Rivertown and Antioch Herald Facebook pages, through July to see the progress.

 

Investigation continues

By Lieutenant John Fortner, Antioch Police Investigations Bureau

On Wednesday, Feb. 19, 2020, at approximately 9:30 AM, Antioch police officers were called to the Antioch High School campus regarding a physical altercation between two juveniles. During the fight, one of the juveniles brandished a firearm. As the fight continued, the firearm was discharged and fell to the ground. One of the juveniles picked up the firearm and fled on-foot away from the campus. The other involved juvenile also fled off campus. As officers converged on the area, the juvenile who fled with the firearm was located and safely detained. The firearm used in the incident was not located. It was determined that no one was injured as a result of the firearm discharge. (See related article).

During the investigation, all the involved parties were identified. The juvenile that fled with the firearm was booked into the juvenile hall in Martinez. Today, Monday, Feb. 24, 2020, the other involved juvenile (who originally brandished the firearm) was safely taken into custody in the City of Brentwood and will be booked in the juvenile hall.

Currently, the investigation is still ongoing. The Antioch Police Department would like to thank the AUSD staff that contributed to a quick response and assisted with the investigation of this incident.

Anyone with information is asked to call the Antioch Police Department non-emergency line at (925) 778-2441, or Detective Torres at (925) 779-6925. You may also text-a-tip to 274637 (CRIMES) using the key word ANTIOCH.

Antioch High Principal Louie Rocha sent out a message to parents, that morning:

“Good Morning. This is Louie Rocha, Principal of Antioch High School with an important safety announcement. Earlier this morning, two students were involved in an altercation. During the altercation, a student dropped then retrieved what appeared to be a weapon. Both students fled the campus and APD is currently investigating. All students have returned to class and school has resumed its normal schedule. Please contact us if you have any questions or concerns.”

Dear Editor:

Our Antioch Police Officer’s Association is proud to recommend Supervisor Federal Glover on Election Day, March 3rd.

Please join us.

Under Supervisor Federal Glover’s leadership, Contra Costa County has opened a new Family Justice Center in Antioch to help victims of domestic violence, elder abuse and human trafficking. Supervisor Glover also fought for cameras to deter freeway shooters on Hwy 4. The Antioch Police Officer’s Association joins Antioch Firefighters and 911 personnel in supporting Supervisor Glover’s re-election.

Steve Aiello

President, Antioch Police Officers’ Association

Will also consider updating Accessory Dwelling Unit ordinance making it easier to build in-law apartments on single and multi family home properties

By Allen Payton

The City Council will consider converting Antioch from the current general law city into a charter city to have greater, local power at their meeting on Tuesday night. Most of the cities in California are general law cities, and only two of the 19 cities in Contra Costa County are charter cities, including Richmond and San Ramon.

Two differences between the types of cities, according to the staff report, is that charter cities can impose a real estate transfer tax that general law cities can’t, and council salaries can be whatever amount the council decides. General law cities have a cap on council salaries based on population. For example, in Richmond the mayor, who is separately elected like the mayor of Antioch, is paid over $91,000 per year in salary and benefits. The mayor of Antioch is currently paid approximately $26,700 in salary and benefits. But, that will increase next year as all five council members elected in November will receive $1,600 per month instead of the current $941 per month salary.

State law allows a county to impose a tax of $1.10 per $1,000 of value on every real estate transaction. A charter city can charge more than that, which will increase the cost when someone buys or sells a home, land or commercial building.

To read the entire staff report on the agenda item, here: Charter City – ACC022520

In addition, in response to new state laws passed to address the housing and homeless crises, the council will consider adopting a revised Accessory Dwelling Unit ordinance, which will make it easier for property owners to build what are known as “in-law” units. See staff report on agenda item, here: ADU Ordinance ACC022520

The meeting will be held at the Antioch Community Center at Prewett Park. It can be viewed on Comcast local cable Channel 24 or viewed livestream on the city’s website, here.

See the entire meeting agenda, here: ACC022520

Open letter to Diane Gibson-Gray

Dear Diane,

Please resign as board president.

But before you do, allow me to explain why I am making this request.

In the hours, days, and weeks following the tragic murder of our student, Jonathan “Jon Jon” Parker, at Deer Valley High School, you were silent. While the community looked for leadership, action, and compassion, you were busy posting nonsense on social media. Your tone-deaf response highlights your character and lack of qualifications for your position. Given the magnitude of this moment, you have clearly demonstrated you are not fit for public office. While that is for the voters to decide, you have no business being board president.

You were nominated as board president with the claim that your experience would help us through a “tough” year. Well, here we are. After a horrific tragedy that traumatized our children and our entire community, you quite simply failed to act in a timely and appropriate manner.

At our February 12th board meeting, you cried for the public over the death of Jon Jon. What you failed to mention to the public, after your crocodile tear-filled “prayers,” were the multiple requests from other board members and demands from the public to discuss district safety procedures, to be allowed to grieve, and to have a voice after Jon Jon’s death.

This is appalling for a number of reasons.

First, as you have pointed out in past meetings, we are one board with one voice, not a board with five different voices. But as board president, it was your choice to not call an emergency meeting immediately following a fatal shooting that took place on school grounds. That means that you, independently, chose to “voice” our opinion as a board by not saying a single word and ignoring the public’s cries. It is because of this you have no business being board president.

Second, after multiple requests from your colleagues, you deliberately disregarded our calls to add safety as an item for discussion at the February 12th board meeting. If you can’t be bothered to add six words to an agenda, you have no business being board president.

Third, after refusing to put “safety” as an item for discussion, you chose to ignore the calls by colleagues–who represent the entire community–to talk about the death of Jon Jon. You said our superintendent didn’t have “enough time” to “prepare” for a discussion regarding safety. As I stated during the meeting, the superintendent works for us as a board, not the other way around.

If you can’t see that we are beholden to the community, not the superintendent, you have no business being board president.

Your behavior since being elected board president follows the same pattern that I wrote about in my last op-ed.

No words, anger, or action will ever bring Jon Jon back to us. What we can do, as a board, is take responsibility for our actions and hold ourselves accountable for the lack of protection we provided on that horrific night. But for that to happen, we need true leadership, the kind you are clearly unable to provide.

Please step down.

Sincerely,

Fellow Trustee, Ellie Householder

Head for round three of playoffs next Wednesday night

By Allen Payton

The BVAL’s top boys’ basketball team from Deer Valley High, beat their first two opponents during the playoffs, this week. The games are a part of the “CIF North Coast Section 2020 Boys’ Basketball Championships – Division 1” tournament.

The Wolverines outscored the Amador Valley Dons 54-45 in Pleasanton during their first playoff game on Tuesday night, Feb. 18. (See game photos, here.)

Deer Valley then faced Heritage High in Brentwood, during the second playoff game, last night, Friday, Feb. 21 and beat the Patriots by a score of 60-42. That avenged their final game loss against Heritage – their only one during regular season – by just two points from a last second shot.

The 19-9 Wolverines will host the 23-5 Granada Matadors for the third-round playoff game on Wednesday night, Feb. 26 at 7 p.m. If Deer Valley wins that game, they will go on to play in the championship game against either De La Salle or Monte Vista. Date and time TBA.