Antioch Council approves temporary moratorium on cannabis business applications
Tuesday, January 26th, 2021
Council Code of Conduct, how $500,000+ for homeless was spent to be discussed at special meeting Feb. 16
By Allen Payton
During their meeting on Tuesday, January 26, 2021 the Antioch City Council unanimously approved a 45-day moratorium on additional cannabis business applications and voted to include Sand Creek Road in the list of roads that qualify for regional fee funding for construction. They also approved a resolution recognizing February as Black History Month. (See resolution at end of article)
CORRECTION: Councilwoman Lori Ogorchock asked why Mayor Lamar Thorpe was nominating two residents for appointment to the two, full-term seats on the Sales Tax Citizens Oversight Committee, before the application period had closed. The slightly heated exchange included City Clerk Ellie Householder interjecting that “we are trying to fill the seats since they have a report due in April.” Ogorchock also wanted to know why not all the applications were being provided to all council members. Thorpe said Ogorchock was out of order and explained that the application period for the short-term vacancy was still open, but that the application period for the two, full-term seats had closed and that as an elected mayor he had the authority to bring forward just those applicants he chose to nominate to boards, commissions and committees. Ogorchock pointed out that it requires a vote of the council to approve. Thorpe further explained that if the council didn’t vote for one of his nominees he would have to nominate someone else.
Following the brief dust up, both nominees were approved on 5-0 votes.
Approves Moratorium on Cannabis Business Applications
The council also approved a temporary moratorium on accepting additional applications for cannabis businesses.
The intent of the moratorium is to reduce the threat of oversaturation of cannabis businesses in the “green zone” and would be in effect for 45 days, according to City Attorney Thomas Smith. The council can extend the moratorium for up to two years, after that.
“I asked this to be brought forward,” said Mayor Lamar Thorpe. “Oversaturation is a huge issue.”
He didn’t want more applications to come through while the council’s Cannabis Committee and staff studied other options, including “creation of additional cannabis business overlay districts within the City,” according to the city staff report.
Two speakers spoke against it, both representing another cannabis business, Element 7. Christopher Bloom and his associate both suggested the council allow businesses that have already submitted applications, but not allow new applications. They said they had already been working with the city for a year on their application.
“This does not impact current applications,” said Thorpe.
“What this does is, it allows applications that have been deemed complete to move forward,” Smith said. “If we decide to allow applications in progress that are not deemed to be complete, we can tweak the language. It sounds like there are some other folks who are in the pipeline…you can make the adjustment in the motion.”
“They are close to completing their application,” Community Development Director Forrest Ebbs said referring to Element 7.
“I think that’s fair, those applications that have been received by this date,” Ebbs said, responding to Thomas.
“Received and in progress,” Thorpe reiterated.
“What constitutes an urgency item? Why is this an urgency item?” asked Ogorchock.
“There could not only be a threat to viability of those businesses during the COVID pandemic,” Thomas replied. “But also impact the social equity non-profits. If you feel this is a threat to the economic welfare to the Antioch community then you can vote in favor.”
“Have we had businesses in the community, during COVID that have been reporting they are struggling?” Councilman Mike Barbanica asked. “There are three other areas in the city that we are considering turning into green zones.”
“Remember it’s not just the businesses that are already approved, but the additional businesses and their social equity commitments,” Thomas said.
“As the Cannabis Committee is working on their recommendations…we pause, because in our current locations we are going to see saturation,” Thorpe explained. “There are no other places in the green zone. So, it’s just a pause as the Cannabis Committee looks to other areas. There may not be other areas.”
“This would only affect retail,” Barbanica clarified.
“Not manufacturing, not cultivation or research and development,” Thorpe explained.
Asked by Ogorchock if there was a maximum number of cannabis businesses allowed in the overlay district, Ebbs responded, “We don’t have a maximum number we have a separation requirement. That’s when we’ll max out. We’re getting close.”
“Practically speaking, yes” there is a limit. “We draw a 600-foot radius,” he explained.
“But that’s not preventing an applicant submitting a General Plan amendment,” said Thorpe.
“Correct,” Ebbs responded.
On motion by Mayor Pro Tem Monica Wilson and seconded by Councilwoman Tamisha Torres-Walker, the urgency ordinance was unanimously approved by the council.
Vote to Include Sand Creek Road in Regional Funding Program
In other action, the council voted 5-0 to include Sand Creek Road between Highway 4 and Deer Valley Road in the East Contra Costa Regional Fee & Financing Authority projects list for funding. The Board of Supervisor and City Councils of Oakley and Brentwood will also have the opportunity to vote on the matter. Should at least two of the other agencies approve, the road will be qualified to receive regional funds from fees placed on new construction, including residential, commercial and industrial development.
Future Agenda Items – How Were Homeless Funds Spent?
During the future agenda items section of the meeting, Barbanica said, “It has come to my attention, last week, that in 2019 the council approved about $500,000 of which about $150,000 of that has not been spent.”
He asked city staff bring back a report on how the money was spent.
“We’re going to learn about that on our committee meeting and we’ll have an item on homelessness coming before us soon, in February,” Thorpe responded.
Staff pointed out that the council will be having a special meeting on Tuesday, Feb. 16 at 6 p.m.
“We’ll be reviewing those items, then,” he stated.
“We’ll be reviewing the Code of Conduct on Feb. 16th,” Thorpe added. “That’s the only thing Councilwoman Ogorchock mentioned,” referring to her request for action on Councilwoman Torres-Walker’s video at the end of the last council meeting, and comments by members of the public challenging the mayor why it hadn’t yet been placed on the council agenda.
Other Future Meetings
The council will hold their Bridging the Gap, Dialogue 2 on the topic Racial Disparities in Policing on Saturday, Feb. 6 from 10:00-11:30 a.m and the deadline to sign up to participate is Wednesday, Feb. 3 at 12:00 p.m. The final forum, Dialogue 3 on the topic Police – Community Engagement will be held on Thursday, Feb. 18 also from 10:00-11:30 a.m. and the deadline to sign up is Monday, Feb. 15 at 12:00 p.m.
In addition, on Friday, Feb. 12 at 6:00 p.m. and Saturday, Feb. 13 at 9:00 a.m., the council will hold a Virtual Strategic Planning and Visioning Workshop.
The next regular council meeting will be held on Tuesday, Feb. 9 at 7:00 p.m.
IN HONOR OF BLACK HISTORY MONTH
FEBRUARY 2021
WHEREAS, Black History Month is observed in February of every year;
WHEREAS, the origins of Black History Month can be traced to 1915, half a century
after the Thirteenth Amendment abolished slavery in the United States;
WHEREAS, the Black History Month 2021 theme, “Black Family: Representation,
Identity and Diversity” explores the African diaspora, and the geographic
spread of Black families across the United States;
WHEREAS, the achievements of African Americans in the Arts, Civil Rights, Education,
Entertainment, Government, History, Law, Literature, Medicine, Military,
Music, Politics, Science, Sports, and other endeavors are recognized
and celebrated in the month of February;
WHEREAS, the observance of Black History Month calls our attention to the ongoing
need to build a community and society that lives up to our
collective democratic ideals;
WHEREAS, the City of Antioch continues to work toward becoming an inclusive community
in which all residents — past, present, and future — are respected and recognized
for their contributions and potential contributions to our community,
the state, the country, and the world; and
WHEREAS, the City of Antioch is proud to honor the history and contributions of African
Americans in our community, throughout our state, and nation.
NOW, THEREFORE, I, LAMAR THORPE, Mayor of the City of Antioch,
do hereby proclaim February 2021 to be “Black History Month” and encourage all citizens
to celebrate our diverse heritage and culture, and continue our efforts to create a
world that is more just, peaceful, and prosperous for all.
JANUARY 26, 2021
