Antioch City Council
March 22, 2022

3. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year, distinguishing any amounts held for items listed on the ROPS from other amounts.

Cash $7,446,303
Restricted for Current Payables $120,254
Restricted for Encumbrances/Commitments $0
Anticipated Current Receivables $0
Available Cash Balance $7,326,049

4. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized by (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) or subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a). (A) Monitoring & Administration Expenditures $126,649.12 (B) Homeless Prevention & Rapid Rehousing Services Expenditures $121,487.60 (C) Housing Development Expenditures
Antioch Homeownership Program (AHOP) Administration 0
AHOP Loans Issued 0
Multi-Family Housing Loan Issued
Housing Rehabilitation Loan Program Administration & loans $54,192.08 Housing Rehabilitation Loans Issued 1
Other (bad debt expense – Buffo) $2,400
Total LMIHAF Expenditures $ 304,728.80
The
Housing Successor is allowed to spend up to the greater of $223,400 (expenditure cap adjusted for 2020-21) or 2% of the value of the Housing Assets Portfolio (defined and calculated in Section 5) on Monitoring and Administration Expenditures. The total value of Antioch Housing Successor assets is $13,059,609, and 2% of this value is $261,192, which is the allowable amount for administrative expenditures and monitoring. The agency has spent significantly less than this on administration this year. Homeless prevention and rapid rehousing services expenditures may not exceed $250,000 /year once obligations pursuant to Section 33413 and 33418 are fulfilled and the City met this test.

5. St
atutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. Under the Dissolution Law and for the purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the Housing Asset Transfer Schedule approved by the Department of Finance, as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of the property purchased by the Housing Successor.

Statutory Value of Real Property $0
Value of Loans Receivable $13,059,609
Value of Grants Receivable $0
Value of Deferred Set-Aside (owed to Housing Fund) $0
Total Value of Assets $13,059,609
B2

6. Description of Transfers: This section describes any transfer to another housing agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

The Housing Successor did not make an LMIHAF transfer to other Housing Successor(s) under Section 34176.1(c)(2) to develop a joint project during the Fiscal Year 2020-21.

7. Pr
oject Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule (ROPS) and the status of that project.

None remaining

8. St
atus of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, a status update on the project is provided.

Not Applicable – no properties purchased using LMIHF prior to, or after, February 1, 2012.

9. Des
cription of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012, along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency.

Replacement Housing: No Section 33413(a) replacement housing obligations were transferred to the Housing Successor according to the 2009-10 through 2015-16 City of Antioch Implementation Plan for the former Redevelopment Agency.

10. Inclusionary/Production Housing: No Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor according to the 2009-10 through 2015-16 City of Antioch Implementation Plan for the former Redevelopment Agency. The former Redevelopment Agency’s Implementation Plans are posted on the City’s website at:
http://www.ci.antioch.ca.us/citygov/finance/econdev/default.htm.

Income Targeting Test: Section 34176.1(a)(3)(A) states that all funds remaining after the monitoring and administration and homeless prevention and rapid rehousing services expenditures are deducted must be used for the development of housing affordable to and occupied by households earning 80% or less of the area median income (AMI), with at least 30% of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30% or less of the AMI and no more than 20% of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60% and 80% of the AMI. The Housing Successor must demonstrate in the 2019 annual report, and every five years thereafter, that the Housing Successor's expenditures from January 1, 2014 through the end of the latest fiscal year covered in the report comply with these requirements.

B3

If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year period, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.

If the Housing Successor exceeds the expenditure limit for households earning between 60% and 80% of the AMI in any five-year report, the Housing Successor shall not expend any of the remaining funds for households earning between 60% and 80% of the AMI until the Housing Successor demonstrates compliance with this limitation in an annual report.

For purposes of this calculation, 'development' means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years.

For informational purposes, the following provides the Housing Successor's Extremely-Low Income Housing Test as of Fiscal Year 2020-21:

Fiscal
Year Type Description Amount
Expended
Households Assisted by % of AMI
0-30% 31-50% 51-80%
2014-15 Rent Subsidy Senior mobile home park 97,540.30 46,748.38 30,991.68 19,800.24 Total Expenses 2014-15: 97,540.30 46,748.38 30,991.68 19,800.24 2015-16 Rent Subsidy Senior mobile home park 80,893.68 33,545.28 28,409.04 18,939.36 Total Expenses 2015-16: 80,893.68 33,545.28 28,409.04 18,939.36 2016-17 Rent Subsidy Se nior mobile home park 75,922.56 26,211.36 29,826.72 19,884.48 Lo an Tabora Gardens - Senior,
Veteran & Homeless Housing 600,000.00 216,000.00 384,000.00 0.00 Total Expenses 2016-17: 675,922.56 242,211.36 413,826.72 19,884.48 2017-18 Rent Subsidy Senior mobile home park 17,850.84 5,649.00 8,134.56 4,067.28 Homeownership Down payment assistance 20,457.00 0.00 0.00 20,457.00 Total Expenses 2017-18: 38,307.84 5,649.00 8,134.56 24,524.28 2018-19 Homeownership Down payment assistance 50,776.00 0.00 0.00 50,776.00 Total Expenses 2018-19: 50,776.00 0.00 0.00 50,776.00
2019-20 Homeownership Down payment assistance 19,688.00 0.00 0.00 19,688.00 Housing Rehabilitation Habitat Housing Rehab 35,760.54 35,760.54 0.00 0.00 Total Expenses 2019-20: 55,448.54 35,760.54 0.00 19,688.00 2020-21 Housing Rehabilitation Hab itat Housing Rehab 35,760.54 35,760.54 0.00 0.00 Total Expenses 2020-21: 35,760.54 35,760.54 0.00 0.00
Total $ LMIHAF spent on households to date:
(Note: Does not include Admin & Homeless Assistance) 1,034,649.46 399,675.10 481,362.00 153,612.36 Total % of LMIHAF spent on households to date: 100% 39% 47% 15% Total $ LMIHAF spent on households 5 years (16–17 to 20-21): 910,406.96 373,572.92 421,961.28 114,872.76 Total % of LMIHAF spent on households to date: 100% 41% 46% 13% At least
30%
At most
20%
B4

As illustrated in the chart above, the Housing Successor is in compliance with the 2020-21 Income Targeting Test.

11. Sen
ior Housing Test: The Housing Successor is to calculate the percentage of units in deed-restricted rental housing that is restricted to seniors and assisted by the Housing Successor, the former redevelopment agency, and/or the City, within the previous 10 years, in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency, and/or the City, within the same period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists, and construction has commenced, on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

The following provides the Housing Successor’s Senior Housing Test for the 10-year period of FY 2010-11 to 2020-21:

Housing Development Name & Address Date Assisted # Units Senior
# Units
Family
Tabora Gardens (85 units, 84 affordable, completed
construction May 2018) 6/1/2011 & 2016 84 0
TOTAL ASSISTED UNITS 84
Senior
0 Family
Total Units = 84
SENIOR HOUSING PERCENTAGE 100%
Th
e previous new family housing construction was in 2007 and fell off of the 10-year testing window several years ago. The only remaining project was senior housing in 2011, so the City does not meet this test.

12. Exce
ss Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus. Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.

Th
e amount deposited in the preceding four years from loan payoffs (not tax increment deposits) as reported in #2, “Amount Deposited into LMIHAF” is as follows:
2020-21 - $ 682,539
2019-20 - $ 49,130
2018-19 - $ 2,846,835
2017-18 - $ 109,752
TOTAL: $3,688,256
Th
e LMIHAF balance FY 2020-21 was $7,326,049 (see Section 3), and the total deposited into the LMIHAF in the preceding four years was $3,688,256; therefore, the amount of excess surplus is $3,637,793. The City plans to expend the excess surplus in the next two years with approximately B5

$1,000,000 going to Housing Rehabilitation and a $3,000,000+ investment in 30-50 units for homeless persons at 0-30% AMI in conjunction with the Contra Costa Homeless Continuum of Care on a 5-acre site the City provided to the County for $1 to develop deeply affordable micro units and studio housing with services for persons who are homeless. The COVID-19 pandemic brought this project to a standstill, but we are very hopeful that progress will resume this year.

13. Inv
entory of Assisted Units: This section provides an inventory of the homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to adopted programs that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of section 33334.3 This inventory shall include:
a) N
umber of Units – There are 10 homeowners with down payment assistance loans, and 10 homeowners with housing rehabilitation loans, for a total of 20 homeowners who have a loan with the former Redevelopment Agency/Housing Successor. b) Numb
er of Units Lost - In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of units lost to the portfolio since the last fiscal year and the reason for those losses. – Records show that 8 single family loans totaling $345,026 have been lost to the portfolio since February 2012. The main reasons have been divorce and/or bankruptcy, resulting in foreclosures and short sales. No loans were lost last year. c) I
nstallment payments and loan payoffs – Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. During FY 2020-21, the Housing Successor received $27,811 as an installment payment on a multifamily loan. The Housing Successor had 11 loans paid in full during the fiscal year. The loan payoff amounts (principal and interest or shared appreciation) was $654,728 received by the City. (see #2) d) Ma
nagement of Units – Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. The Housing Successor performs these services in-house, with assistance from the City’s CDBG/Housing Consultant Teri House.
* * *
If y
ou have any questions about this report, please contact Teri House: [email protected].

B6
2020 GENERAL PLAN PROGRESS REPORT
1 2021 GENERAL PLAN ANNUAL REPORT
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) on the General Plan and progress on its implementation to City Council, the Governor’s Office of Planning and Research (OPR) and the Housing a nd Community Development Department (HCD) each year. This document fulfills that mandate and was reviewed by the City Council at its meeting of March 22, 2022.

The main purpose of the APR is to provide City Council with an update of the City’s progress in implementing its General Plan vision. This annual assessment grants to City Council an opportunity to adjust or modify its policies or approach to implementation to ensure that the City meets its stated vision. A secondary purpose of the APR is to fulfill housing element statutory requirements regarding the City’s progress in meeting its share of regional housing needs and its efforts to remove governmental constraints to the development of housing in accordance with Government Code Section 65584.3(c) and 65584.5(b)(5). These have separate reporting requirements and forms, which have been submitted electronically by the City prior to April 1st of each year. To assist in the review of the General Plan Progress Report, this report presents the following information:

I. General Plan Background
II. Amendments to the General Plan adopted by the City in 2021 III. Proposed General Plan Amendments
I. GENERAL PLAN BACKGROUND
The
City of Antioch General Plan establishes the fundamental policy framework to guide decisions related t o land use and development, public services and facilities, public safety, resource management, recreation, and the overall health and quality of life in the community. The General Plan presents a vision for the City's future, and embodies goals, policies, and strategies to turn that vision into a reality.

The City of Antioch adopted a comprehensive update to the General Plan on November 24, 2003 after an extensive community participation effort. State law requires that the General Plan include seven mandatory elements (Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety) but allows flexibility in how each local jurisdiction structures these elements.

The City of Antioch General Plan contains these seven mandatory elements, in either their own chapter or within another chapter, as well as three “optional” elements (Public Services and Facilities, Growth Management, Economic Development) that, once adopt ed, have the same force and effect as policies related to the General Plan elements required by the State. The City of Antioch General Plan elements are as follows:

ATTACHMENT C
C1

2020 GENERAL PLAN PROGRESS REPORT
2 • Community Vision
• Growth Management
• Land Use
• Community Image and Design
• Economic Development
• Circulation
• Public Services and Facilities
• Housing
• Resource Management
• Environmental Hazards
Each of these elements describes its purpose, its goals, objectives and policies. Each of these elements functions as a guide to the type of community Antioch desires for its future and provides the means by which that desired future will be obtained. The General Plan expresses in the form of text, maps and illustrations, the organization of physical, environmental protection, economic, and social activ ities sought by the community in order to create and maintain a healthful, functional, and desirable place in which to live.

II. A
MENDMENTS TO THE GENERAL PLAN ADOPTED BY THE CITY IN 2021 State law allows the General Plan to be amended four times annually. This allows the General Plan to remain a current document responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City. One amendment to the City of Antioch General Plan was processed in 2021 and is listed in Table 1.

Table 1
2021 Proposed Amendments to the General Plan
Amendment Request Action Applicant Description
Creekside/Vineyards at
Sand Creek (GP-20-01)
Approved by City
Council on March
23, 2021
GBN Partners, LLC. 1. A proposed General Plan
amendment to the Sand
Creek Focus Area of the
General Plan to change the
land use designations of the
site from Open Space/Senior
Housing and Hillside, Estate
and Executive
Residential/Open Space to
Medium Low Density
Residential/Open Space. In
addition, the text of the
General Plan is being
modified to allow single
C2

2020 GENERAL PLAN PROGRESS REPORT
3 Table 1
2021 Proposed Amendments to the General Plan
Amendment Request Action Applicant Description
family units on small lots
that are not age-restricted.

III. FUTURE PROPOSED GENERAL PLAN AMENDMENTS
In the next year or two, there are multiple General Plan amendments that are proposed or will need to be prepared for consideration by City Council, pursuant to State law. These amendments include:
• Update the Housing Element: The most recent Housing Element update covers the planning period from January 31, 2015, through January 31, 2023. A new Housing Element update began in 2021 and is expected to be completed by January 2023. • Environmental Justice and Safety Elements: These new elements are being drafted concurrent with the Housing Element update pursuant to State Law. • SB 2 Planning Grant: The City of Antioch received approval of its SB2 Planning Grant Program application from the Department of Housing and Community Development on March 10, 2020. The SB2 Planning Grant activities will update the city’s General Plan and Zoning Ordinance to create policies and objective design standards for infill, high density housing in targeted commercial properties that are partially built or struggling. Grant activities commenced mid-2020 and will be completed in 2022. • Comprehensive General Plan Update: The City’s General Plan was adopted in 2003 and was proposed to have a lifespan of 25 years. The City recently released an RFQ for consultant services to solicit proposals for a comprehensive General Plan update. The City anticipates the comprehensive General Plan update process commencing in late 2022 or early 2023 with the goal of completing the new General Plan in two to five years. • Su Property (GP-20-03): A proposed General Plan amendment to the land use element to change a land use designation from single family residential to medium/high density residential to allow a Planned Development for 126 unit multifamily project. The City Council approved this project on January 25, 2022.
• United Pacific Gas Station (GP-21-01): A proposed General Plan amendment to the land use element to change a land use designation from commercial office to convenience commercial to allow the development of a gas station/convenience store/car wash.

C3

L
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 22, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: AB 361: Resolution Making Findings Necessary to Conduct Brown Act Meetings by Teleconference for the City Council, Boards, Commissions, and Committees

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.

FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.

DISCUSSION
The City of Antioch has utilized teleconference technology for some time, and since the State of Emergency is still in effect and state and local health officials are still recommending measure to promote social distancing (as described in the attached Resolution), the City’ s legislative bodies, which include the City Council, b oards, commissions, and committees can continue to meet while providing access to the public via teleconference. This resolution makes the findings required by AB 361, and would apply Citywide – i.e., not just to the City Council but to all City commissions and committees subject to the Brown Act as well. Staff requests passage of the attached resolution, which enables “hybrid meetings” including in-person and teleconference public participation or vi rtual meetings via teleconference for the City Council, b oards, commissions, and committees.

Under this resolution, City Council, commissions, boards, and committees can continue holding virtual meetings or hybrid meetings in compliance with the following more flexible standards:
• The City is not required to provide a physical location for the public to attend or provide comments.

Antioch City Council Report
March 22, 2022 Agenda Item #L 2
• Public access to the meeting via a call-in or an internet-based service option must be allowed, but the City is not required to have members of the public attend at each teleconference location.
• The City is only required to notice and post an agenda in accordance with the Brown Act provisions for in-person meetings. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet -based service option.
• When notice of the ti me of the teleconferenced meeting given or the agenda for the meeting is posted, the City shall also give notice of the means by which members of the public may access the meeting and offer public comment. • The City must provide an opportunity for the public to address and offer comment in real time and cannot require all public comments to be submitted in advance of the meeting.

ATTACHMENTS
A. Resolution

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

MAKING THE REQUIRED FINDINGS TO AUTHORIZE REMOTE

TELECONFERENCE/VIRTUAL MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF ANTIOCH FOR A PERIOD OF THIRTY

DAYS PURSUANT TO BROWN ACT PROVISIONS

WHEREAS, the City of Antioch is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act;

WHEREAS, all meetings of the City’s legislative bodies, which includes the City Council, boards, commissions, and committees, are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), such that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;

WHEREAS, as recently amended by AB 361, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions;

WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558;

WHEREAS, it is further required that state or local officials have recommended or imposed measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees;

WHEREAS, such conditions now exist in the City ; specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency, and such proclamation remains in effect and has not been rescinded or cancelled;

WHEREAS, Cal-OSHA’s Emergency Temporary Standards include measures to promote social distancing, such as (1) requiring employers to provide training as to “the fact that particles containing the virus can travel more than six feet, especially indoors, so physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID -19”; (2) requiring employees, when eating or drinking, to be “at least six feet apart” ; and (3) requiring certain employees without face coverings to “be at least six feet apart from all other persons unless the unmasked employee is either fully vaccinated or tested at least weekly for COVID-19”;

WHEREAS, the Sacramento County Public Health Officer’s Order, dated July 29, 2021, requires unvaccinated person to follow all CDC guidance for unvaccinated people, which, in turn, requires people to stay six feet away from others;

ATTACHMENT A
WHEREAS, the City Council does hereby find that all of the legislative bodies of the City shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide t he public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and

WHEREAS, the City will provide live call-in and/or internet service-based option for remote public participation and will provide notice for such participation in the agendas posted in advance of the meetings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Findings. The City Council hereby finds that, as set forth above, due to the novel coronavirus there has been declared a State of Emergency by the Governor of the State of California and that state and local officials are recommending or imposing measures promote social distancing.

Section 3. Remote Teleconference Meetings. The City Manager and City Attorney are hereby authorized and directed to take all actions necessary to conduct open and public meetings for all the legislative bodies of the City in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution . This Resolution shall be effective immediately upon its adoption and shall remain in effect until the earlier of 30 days from the effective date of this Resolution , or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference.

* * * * * * * * *
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 22nd day of March, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Deputy Public Works Director APPROVED BY: John Samuelson, Public Works Director/City Engineer-� SUBJECT: Marina Office Space Lease: Approve and Authorize the Execution of a New Lease Agreement with Twin Rivers Marine Insurance Agency for a Term of Five (5) Years

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Approving a new lease agreement for Office Space at the Antioch Marina with Twin Rivers Marine Insurance Agency for a term of five (5) years; and

2. Authorizing the City Manager to execute the new Lease Agreement with Twin Rivers Marine Insurance Agency in substantially the same form as presented in Attachment B.

FISCAL IMPACT
This lease agreement provides income to the Antioch Marina which helps to pay for ongoing operational Marina expenses. Twin Rivers Marine Insurance Agency ("Twin Rivers") will continue to pay a monthly rate of $2,980.50. On July 1st of each year of this five (5) year lease agreement, the rent shall have an annual increase no less than one percent (1 %) or more than five percent (5%) as determined by the Consumer Price Index.

DISCUSSION
Gary Clausen, with Twin Rivers, has leased different office spaces at the Antioch Marina since 1993. Twin Rivers currently rents office spaces #3 and #7 at the Antioch Marina.

Twin Rivers has been a stable complement to the City's overall Marina Operation and a resource for current and potential Marina customers.

ATTACHMENTS
A. Resolution
B. Lease Agreement
N
Agenda Item #

ATTACHMENT "B"

LEASE AGREEMENT

BETWEEN

THE CITY OF ANTIOCH AND

TWIN RIVERS MARINE INSURANCE AGENCY
THIS LEASE AGREEMENT (the "Lease") is made and entered into by and between the City of Antioch ("Landlord") and Twin Rivers Marine Insurance Agency, Inc., a California corporation ("Tenant"), under the following terms and conditions:

1. Introduction. Landlord owns the Antioch Marina described as Parcel B shown on the Parcel Map filed April 3, l 989 in Book 139 of Parcel Maps, Page 12, Contra Costa County Records ("Property"). The Property is improved with that certain building commonly known as the Antioch Marina Harbor Masters Building and other improvements.

2. Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property known as the northern area (ground level) of the Antioch Marina Harbor Masters Building, more commonly designated as Unit #3 (approximately 608 square feet) and Unit #7 (approximately 1028 square feet) at Marina Plaza, Antioch California 94509-7905 (the "Premises").

3. erm, Occupancy, Extension & Termination for Public Purpose. a. Term. The term of this Lease shall commence on January 1, 2022 (the "Commencement Date"), and shall expire on December 3 I, 2027 ("Expiration Date"). b. Occupancy. Tenant has been in occupancy of the Premises under a prior lease, and subsequent month-to-month tenancy, which lease and tenancy are hereby terminated by the execution of this Lease (except for such provisions which expressly survive). Tenant shall ensure compliance with Section 19 (Insurance), as of the Commencement Date of this Lease. c. Request to Extend Lease. Tenant shall provide written notice to Landlord one hundred twenty (120) days prior to the Expiration Date if Tenant desires to extend this Lease. Any extension of the Lease shall be at Landlord's sole discretion. d. Termination. In addition to any other right to terminate for default as specified in this Lease, Landlord may terminate this Lease on sixty (60) days' written notice if Landlord requires the Premises for a public purpose. Tenant may terminate the lease on sixty (60) days' written notice if tenant requests.

4. Rent. The initial annual rent during the term of this Lease shall be $2,980.50 per month, subject to increase as provided in Section 4(e) below ("Rent"). a. Payment. Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each and every month during the term of this Lease, pay to Landlord in advance, the Rent, without setoff, deduction or demand. lf possession is taken on other than the first of the month, rent shall be prorated accordingly based on a 30-day month.

Section 15 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with Laws or suitability for a particular purpose for Tenant's use. c. Condition Upon urrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear excepted. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thi11y (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty (30) days' prior written notice.

7. Use. The Premises shall be used only as an office for selling and servicing marine insurance and related fields of business ("Permitted Use"), and for no other purpose. Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord.
a. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management of the Premises or Property including, without limitation, the delivery of supplies, the parking of vehicles and the preservation of the good order therein as well as for the convenience of other occupants and users of the Property ("Rules and Regulations"). Landlord shall notify Tenant of all such Rules and Regulations. The violations of any such rules and regulations shall be deemed a material breach of this Lease by Tenant. Landlord will try to enforce the Rules and Regulations, if any, but will not be liable to Tenant for the violation or non-performance of the Rules and Regulations by any other tenant or occupant of the Property.
b. Tenant shall maintain and conduct its said business insofar as the same relates to Tenant's use and occupancy of the Premises, in a lawful manner and in strict compliance with all governmental laws, rules, regulations and order. Tenant shall obtain all business licenses, including a City of Antioch business license, clearances, and pe1mits required to operate its business prior to opening, maintain such necessary licenses and petmits in force during the Term, and shall provide copies of each permit or license within thirty (30) days after the Commencement Date and at any time during the term of this Lease upon Landlord's request. Tenant shall post all notices to the public in an accessible and visible place to the public. Tenant shall promptly notify Landlord of any notice of violation, suspension or revocation of any such license or clearance.

Nothing in this Lease shall be construed to grant Tenant an exclusive right to such Permitted Use.

8. Uses Prohibited. In addition to any other uses prohibited hereunder, Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any pai1 thereof or any of its contents.

9. ompliance with Laws; Non-Discrimination: Hazardous Materials. a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to 3 11. Repair and Maintenance.
a. Landlord shall repair and maintain the roof, structural foundations, exterior walls of the building, common areas in which the Premises are located, the electrical wiring, the lighting in ceilings, excluding light bulbs, and the heating and air conditioning system, excluding filters, unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant or any Tenant Parties, in which case Landlord shall promptly cause the repairs to be made at Tenant's sole expense. If applicable, Landlord shall maintain common area restrooms, a garbage dumpster accessible to Tenant, and shall provide garbage service to that dumpster. b. Within ten (10) days after receipt of a written notice that Landlord has made repairs that were caused by the neglect, misuse, or misconduct of Tenant or any Tenant Parties, Tenant shall promptly reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs and maintenance. Landlord shall not be required to make any repairs to the roof, structural foundation, or exterior walls unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period thereafter to commence and complete said repairs.
c. Tenant shall, at Tenant's sole cost and expense, maintain the Premises except as noted under Section l l(a), above, in good condition and repair. Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, plate glass, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California Civil Code Sections 1932(1 ), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense.

12. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Landlord may inspect the Premises annually to ensure good maintenance practices and review the current condition of the Premises pursuant to Section 17. Such fixtures and equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by Landlord, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said fixtures or equipment. All trade fixtures and equipment installed by Tenant pursuant thereto shall not be subject to, and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's fixtures and equipment insured for full replacement value.

13. Utility Charges. To the extent separately assessed, billed or charged, Tenant shall pay, during the term hereof, all telephone, computer, electric, water, gas, and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, and all business taxes and all taxes upon the property and fixtures of the Tenant. Notwithstanding the foregoing, Tenant shall not be responsible for Delta Diablo District charges for sewer treatment. Landlord shall not be responsible for any interruptions 5 a. Tenant shall not allow any other person (with the exception of Tenant Parties) to occupy or use the Premises, or any portion thereof, without Landlord's prior written consent, which may be granted or refused in Landlord's sole discretion. b. Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, encumbrance, deed of trust or any other security instrument shall be void where prior written consent has not first been obtained from Landlord.

17. Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.

18. Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and all Tenant Parties.
b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and its officers, officials, employees, contractors, agents and volunteers from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or (ii) Tenant's use of the Premises, the conduct of Tenant's business or any activity, work or things done, permitted or suffered by Tenant or any Tenant Parties in or about the Premises or the Property except as provided by law or for claims caused solely by Landlord's gross negligence or willful misconduct. The obligations of Tenant under this Section l 8(b) shall survive the termination or earlier expiration of this Lease. c. Assumptio□ of Risk. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises, arising from any cause. Tenant, on behalf of itself and its agents, representatives, assigns, employees and contractors, expressly assumes all risk of loss or injury arising from its entry onto the Premises and releases Landlord and waives all claims against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Landlord, its officers, officials, employees, agents, contractors and volunteers shall not be liable for any injury, sickness, disease or death or any person or damage to property directly or indirectly related to any act or failure to act arising from Tenant's entry or use of the Premises.

This provision shall apply to the fullest extent permitted by law.

19. Insurance. Tenant shall obtain and maintain at all times during the term of this Lease insurance against claims for injuries to personal or damages to prope11y which may arise from or in connection with the Lease by the Tenant or any Tenant Parties. Tenant shall obtain and furnish proof of coverage as to each type of insurance required. The insurance provisions are not to be 7 h. Ratings, Certi.ficates. All policies shall be taken out with insurers licensed to do business in California with a ctment Best Rating of (A, VII) and in form satisfactory from time to time to Landlord. Cettificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises. Such certificates of insurance must specifically show all the special policy conditions required in this paragraph, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof. Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy.
i. Additional Insureds; Endorsements. With respect to CGL Insurance, Tenant shall name Landlord, its officers, officials, employees, agents and volunteers as additional insureds with respect to any claims arising out of Tenant's operations in or upon the Premises. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party's additional insured status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy.

20. Damage or Destruction of Premises. ln the event that repairs are necessary to alleviate structural hazards because the Premises are damaged by the elements, acts of God, or other circumstances not caused by the negligence or willful misconduct of Tenant Parties, Tenant shall inform Landlord in writing of such necessity. Landlord shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs. If repairs which are made by Landlord prevent the Tenant from occupying a portion of the Premises, but Tenant is able to operate on the Premises during such repairs, Tenant shall be entitled to a proportionate reduction in the Rent, based on the ratio the floor area which Tenant is unable to occupy, from the date such repairs are commenced until the date the entire Premises is available for Tenant's occupancy. If the damage prevents Tenant from operating on the Premises, then no rent shall be due from the date of damage, as determined by Landlord in its sole discretion, until completion of repairs. The prior sentence shall not be interpreted to relieve Tenant from its obligations to perform normal maintenance and repair as otherwise provided in this Lease. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and repair.

21. Default. The occurrence of any of the following shall constitute a default by Tenant:
a.
this Lease.

Tenant shall fail to pay when due any rent or any other monetary sum payable under 9 shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder.
c. Pursue any other remedy available to Landlord at law or in equity.

23. Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Premises, whether inside or outside the Premises, shall be subject to Landlord's prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances and Historic Preservation laws. Unapproved signs, banners, flags, etc., shall be removed by Tenant upon Landlord's request.

24. Activ Public Use. The object of this Lease is the complete and continuous use of the Premises by and for the benefit of the public, without discrimination. Tenant agrees that he/she will operate the Premises fully and continuously that the public may enjoy maximum benefits.

25. Security Mea ures. Tenant hereby acknowledges that the rent payable to Landlord under the terms of this Lease does not include the cost of guard service or other security measures at the Premises or Property, and that Landlord shall have no obligation whatsoever to provide the same.

Tenant assumes all responsibility for the protection of Tenant, Tenant Parties and property from acts of third parties.

26. Relocation Benefits. Tenant agrees that its use of Premises or this Lease shall not entitle Tenant to any relocation benefits pursuant to federal, state or local law and waives any such claim against Landlord. To the fullest extent permitted by law, on behalf of its itself, its agents, representatives and successors-in-interests, Tenant releases any claim it may have against the Landlord under any federal, state or local relocation laws, including without limitation, Chapter 16 ( commencing with Section 7260) of Division 7 of Title l of the California Government Code; Article 9 of Chapter 4 of Division 24 of the California Health and Safety Code, federal requirements titled "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and any implementing regulations . This release applies to all future claims and Tenant on behalf of its itself, its agents, representatives and successors-in-interests agrees to waive any and all rights pursuant to Section 1542 of the California Civil Code, which reads as follows:
"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his favor at the time of executing of the release, which if known by him or her, would have materially affected his or her settlement with the debtor or released party."

27. Condemnation. If the Premises is taken by condemnation, the Lease shall terminate on the date of the acquisition.

28. No Dedication. Nothing contained in this Lease shall be deemed a gift or dedication of any portion of the Premises to or for the general public or for any public purpose whatsoever.

29. Reservations. Landlord reserves the right, without the consent of Tenant, to grant such easements, licenses, rights or dedications that Landlord deems necessary. 11 concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.

38. Choice of Laws: lnterpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. Venue shall be in Contra Costa County. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.

39. Authority. Tenant and Landlord warrant that the individuals who have signed this Lease have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.

40. No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

41. Sevcrability. If, for any reason whatsoever, any of the prov1s1ons hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.
[Signatures on following page]
13 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Rosanna Bayon Moore, Assistant City Manager RBM APPROVED BY: Cornelius H. Johnson, Interim City Manager SUBJECT: Unhoused Resident Services – Amendment No. 3 to Consulting Services Agreement with Focus Strategies

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Approving an amendment to the Fiscal Year 2021-2023 General Fund Operating Budget; and

2. Authorizing the City Manager to execute Amendment No. 3 to the Consulting Services Agreement with Focus Strategies.

FISCAL IMPACT
Not to exceed an additional $ 120,000 from the General Fund for a total amount of $253,500.

DISCUSSION.

The City Council adopted a resolution approving a Consultant Services Agreement with Focus Strategies for an initial not to exceed fee of $73,500 on September 10, 2019. The scope of w ork generally consists of technical assistance to develop the City’s strategic response to unhoused resident encampments.

In August of 2020, the City Council approved Amendment No. 1 to the agreement , extending the term to August of 2021 with no other changes. In April of 2021, the City Council approved Amendment No. 2 in the amount of $60,000 based on estimated work to be performed through the fiscal year ending June 30, 2022.

Focus Strategies continues to provide critical support to the Cit y, including recent assistance with the Delta Landing Memorandum of Understanding, preparation of an update on the State of California’s Homekey Program and a subsequent analysis of site scenarios. To best support ongoing efforts to build the City’s capacity to meet the needs O
Agenda Item #
of Antioch’s u nhoused population , the proposed amendment estimates technical assistance to the City through June 30, 2023.

ATTACHMENTS
A. Resolution
Exhibit A to Resolution – Amendment No. 3
B. Consulting Services Agreement, Amendment Nos. 1 & 2
C. Focus Strategies Proposal
Antioch City Council Report
March 22, 2022 Agenda Item #O 2
ATTACHMENT “A”
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3

WITH FOCUS STRATEGIES TO PROVIDE TECHNICAL ASSISTANCE

FOR UNHOUSED RESIDENT SERVICES AND AUTHORIZING THE NECESSARY FY2021-23 BUDGET AMENDMENTS
WHEREAS, on September 10, 2019 , the City Council adopted a resolution authorizing pursuit of a consultant for an Unhoused Resident Coordinator and a budg et adjustment of up to $100,000;
WHEREAS, after soliciting bids for an Unhoused Resident Coordinator , the Cit y acted to engage Focus Strategies as a technical assistance provider and Unhoused Resident Coordinator Services Consultant;
WHEREAS, Focus Strategies continues to provide subject matter expertise in the key areas of policy and program development and implementation; and WHEREAS, the City Council has considered approving amendments to the Fiscal Year 2021-23 General Fund Operating Budget and increas ing the Unhoused Resident Services budget by $120,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:

1. Authorizes the City Manager or designee to amend the Fiscal Year 2021 -23 General Fund Operating Budget for Unhoused Resident Services; and

2. Authorizes the City Manager to execute Amendment No. 3 to the consulting services agreement with Focus Strategies for Unhoused Resident Coordinator Services in an additional amount of $120,000, not to exceed a total amount of $253,500 (Exhibit A).
* * * * * * *
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 22nd day of March, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
1 EXHIBIT “A”
AME
NDMENT NO. 3
CONS

ULTING SERVICES AGREEMENT

BETWEEN THE CITY OF ANTIOCH AND FOCUS STRATEGIES
THI

S THIRD AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT is entered into the 22 nd day of March 2022, by and between the CITY OF ANTIOCH, a municipal corporation ( “City”), and Focus Strategies at 340 Lemon Avenue #1815, Walnut Creek, CA 91789 (“Consultant”).

RECI
TALS
WH
EREAS, on February 11, 2020, the CITY and CONSULTANT entered into a Agreement for Professional Consultant Services for Unhoused Resident Coordinator Services (“Agreement”) in the amount of $73,500; WH
EREAS, on August 12, 2020, Section 1.1 of the Agreement entitled “Terms of Service” was amended to extend until August 11, 2021; WH
EREAS, on April 27, 2021, the City Council approved the Second Amendment to the Agreement, extending the term until June 30, 2022 and authorizing a sum of $60,000 for a total not to exceed fee of $133,500; and WH
EREAS, on March 22, 2022, the City Council authorized the Interim City Manager to execute the Third Amendment to the Agreement, which would extend the term until June 30, 2023 and pay the Consultant an additional sum up to $120,000 for a total not to exceed $253,500; and
NOW
, THEREFORE THE PARTIES DO MUTUALLY AGREE AS
FOLLOWS:

Se
ction 1. “SERVICES” shall be amended to read as follows:

Subj
ect to the terms and conditions set forth in this Agreement, Consultant shall provide to the City the services described in the Scope of Work attached as the Focus Strategies Proposal for the City of Antioch Unhoused Resident Coordinator Services. Furthermore, the Scope of Work shall encompass technical support that advances the City’s objective of providing quality and effective services to unhoused residents and assists the City with the development of an application for Project Homekey funding.

Se
ction 1.1 “Term of Services” the shall be amended to read as follows:
2 “The t
erm of this Agreement shall begin on the date first noted above and shall end on June 30, 2023, unless the term of the agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to deliver required by this Agreement shall not affect the City’ s right to terminate the Agreement, as provided for in Section 8.”
Sect
ion 2. “COMPENSATION” the first sentence shall be amended to read as follows:
“City hereby agrees to pay the Consultant total compensation up to, but not to exceed $253,500.”
All
other terms and conditions of the Agreement shall remain in full force and effect.

CIT
Y OF ANTIOCH:

By:

Cornelius H. Johnson Interim City
Manager
ATTEST:

By:

Elizabeth Householder
City Clerk
APPRO
VED AS TO FORM:

By:

Thomas Lloyd Smith City Attorney
FOCUS STRATEGIES:

By:

Megan H. Kurteff-Schatz
President
ATTACHMENT "B"

CONSUL TING SERVICES AGREEMENT BETWEEN

THE CITY OF ANTIOCH AND

FOCUS STRATEGIES
THIS AGREEMENT for consulting services is made by and between the City of Antioch ("City") and Focus Strategies ("Consultant") as of February 11, 2020.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to the City the services described in the Scope of Work attached as the Focus Strategies Proposal for the City of Antioch Unhoused Resident Coordinator Services, this �roposal is also to include assistance in developing a class specification for the coordinator position, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and the Request for Proposal (RFP), the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on August 11, 2020, the date of completion specified in the Request for Proposal (RFP) and Focus Strategies Proposal for the City of Antioch Unhoused Resident Coordinator Services, this proposal is also to include assistance in developing a class specification for the coordinator position, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City' right to terminate the Agreement, as provided for in Section

8. 1.2 Standard of Performance. Consultant represents that it is e�perienced in providing these services to public clients and is familiar with the plans and needs of City.

Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to $73,500.

Total charges for services will be on a price times volume basis, notwithstanding any contrary

March 15, 2022
Mr. Cornelius H. Johnson
Interim City Manager
City of Antioch
200 H Street
Antioch, CA 94509
Re: Proposal for Contract Amendment
Dear Con:

Since 2019, Focus Strategies has had the privilege of providing technical assistance services to the City of Antioch to support your efforts to meet the needs of people in the community who are unhoused. We have assisted City staff and Council members with a range of initiatives, including providing technical assistance on the development of a bridge housing program, supporting the City’s partnership with the County to reserve emergency shelter beds at Delta Landing, and advising on the implementation of pilot motel and laundry voucher programs.

With this letter, we are proposing to extend our contract with the City of Antioch through June 30, 2023. Based on our work to date, we are requesting a contract amendment to add $120,000. These additional resources will allow Focus Strategies to continue providing technical assistance to the City of Antioch to advance your objectives in providing high quality and effective services and support to unhoused residents through the upcoming fiscal year. These funds will also enable us to assist City staff with the development of an application for Project Homekey funding.

Thank you very much for your consideration of this request.

Sincerely,
Megan H. Kurteff Schatz
President
ATTACHMENT "C"
March 15, 2022
Mr. Cornelius H. Johnson
Interim City Manager
City of Antioch
200 H Street
Antioch, CA 94509
Re: Proposal for Contract Amendment
Dear Con:

Since 2019, Focus Strategies has had the privilege of providing technical assistance services to the City of Antioch to support your efforts to meet the needs of people in the community who are unhoused. We have assisted City staff and Council members with a range of initiatives, including providing technical assistance on the development of a bridge housing program, supporting the City’s partnership with the County to reserve emergency shelter beds at Delta Landing, and advising on the implementation of pilot motel and laundry voucher programs.

With this letter, we are proposing to extend our contract with the City of Antioch through June 30, 2023. Based on our work to date, we are requesting a contract amendment to add $120,000. These additional resources will allow Focus Strategies to continue providing technical assistance to the City of Antioch to advance your objectives in providing high quality and effective services and support to unhoused residents through the upcoming fiscal year. These funds will also enable us to assist City staff with the development of an application for Project Homekey funding.

Thank you very much for your consideration of this request.

Sincerely,
Megan H. Kurteff Schatz
President

7 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting March 22, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Tasha Johnson, Youth Services Network Manager TJ

APPROVED BY: Cornelius H. Johnson, Interim City Manager

SUBJECT: Mayor’s Apprenticeship Program Overview

RECOMMENDED ACTION
It is rec ommended that C ity Council receive the presentation and provide direction to staff.

FISCAL IMPACT
The fiscal impact is estimated to range from $600,000- $625,000 per year for a cohort of 20 participants.

DISCUSSION
Economically vulnerable populations are struggling to meet the basic needs of housing, food security and access to healthcare; consequently, there is an impact of violence affecting these communities. The City’s leadership is intent on offering strategies for addressing healthier outcomes for individuals, neighborhoods and the city. The youth and young adults in the City of Antioch, specifically in the Sycamore area, are being adversely affected by lack of skills and employment opportunity. They face numerous challenges and barriers that must be addressed as the City of Antioch strives to truly realize that opportunity lives here for all youth and young adults. Making available a comprehensive workforce development program not only addresses the needs and helps to prepare a local future workforce, but also builds economic stability for a better quality of life.

The Mayor’s Apprenticeship Program (MAP) is a paid workforce development opportunity in the City of Antioch proposed for young adults ages 18-26. The pilot program will employ 20 participants who are underemployed, underserved and underestimated. The young adults selected may possess multiple barriers they are facing and may be justice involved, unhoused, former foster youth and more.

MAP GOALS
Antioch City Council Report
March 22, 2022 Agenda Item #7 2
• Develop a learning culture that encourages and supports training, continuing education, and professional development
• Strengthen the orientation of young adults to career pathways • Generate marketable skills for the workforce
• Provide an opportunity to be an active member of the community and become economically self-sufficient
The program elements consist of the following:

• Workforce development training (traditional workshops and experiential learning) • Job placement in divisions throughout Public Works
• Ongoing support services to address barriers

A third party provider will be secured to deliver training, coaching support and programmatic evaluation.

In addition to secured part-time employment, the MAP will link needs and resources by:
1) identifying and providing referrals to local community-based organizations 2) connecting participants to higher education opportunities and career pathways 3) developing positive self-identity. *Success of the MAP supports the City of Antioch’s talent pipeline.*

With City Council concurrence, next steps include:

• City solicitation of a program services provider
• Recruitment of participants
• Onboarding of part-time City employees
• A program start date tentatively identified as July 6, 2022 • A program end date tentatively identified as April 22, 2023

ATTACHMENTS
None

8 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of March 22, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Dawn Merchant, Finance Director

SUBJECT: American Rescue Plan Act Funding

RECOMMENDED ACTION
It is recommended that the City Council provide fee dback and direction regarding the allocation of American Rescue Plan Act funding received by the City of Antioch and adopt a resolution authorizing the necessary FY22 & 23 bu dget amendments for expenditures approved at the March 22, 2022 meeting.

FISCAL IMPACT
The City of Antioch will be receiving a total of $2 1,550,900 in funds from the American Rescue Plan Act (“ARPA”). $10,775,450 was received in May 2021, with the remaining balance of $10,775,450 to be received in May 2022. The funding and spending allocations will be accounted for in the American R escue Plan Special Revenue Fund established with the adoption of the FY2021-23 Budget.

DISCUSSION
The American Rescue Plan Act of 2021 (“ARPA”) was signed into law on March 11, 2021, and will deliver $350 billion for eligible state, l ocal, territorial, and tribal governments to respond to the COVID-19 emergency. Funding for eli gible expenditures must be spent or obligated by December 31, 2024 and covers expenditures from March 3, 2021 through December 31, 2024. Funds obligated by December 31, 2024 but not yet spent have to be spent by December 31, 2026. For purposes of the ARPA, obligated means an order placed for property or services and entering into c ontracts, subawards and similar transactions that will require payment after December 31, 2024. Antioch is an entitlement City and will be receiving a total of $21,550,900 d irectly from the Department of the Treasury (“Treasury”) split into two payments. The first payment was received in May 2021 with the second payment coming in May 2022.

In July 2021, staff presented City Council a summar y level overview of eligible uses of the funds based on an interim final rule released by the Treasury. The final rule has since been released providing clarification and updates on guidance. As previously reported to City Council in July 2021:

The main priorities and principles of the funding are to provide relief to:

Antioch City Council Report
March 22,2021 Agenda Item #8 2

 Support urgent COVID-19 response efforts to contin ue to decrease the spread of the virus and bring the pandemic under control;
 Replace public sector revenue to strengthen suppor t for vital public services and help retain jobs;
 Support immediate economic stabilization for house holds and business; and  Address systemic public health and economic challe nges that have contributed to the unequal impact of the pandemic on certain populations.

Recipients may use these funds specifically to:

 Support public health expenditures (as outlined in the final rule);  Address negative economic impacts caused by the pu blic health emergency, including economic harms to workers, households, sm all businesses, impacted industries and the public sector for those within a Qualified Census Tract or to other populations, households or geographic areas disproportionately impacted by the pandemic;
 Replace lost public sector revenue to provide gove rnment services to the extent of lost revenue. Under the interim final rule, the Cit y did not initially qualify for expenditures under this category. In the newly released final rule, the City can take an allowance of up to $10M in lost revenue to spend on government services; and  Invest in water, sewer, and broadband infrastructu re (as outlined in the final rule).

In July, City Council discussed holding meetings within their respective districts regarding use of funding and to bring back the discussion at a future date. City Council felt there was time to consider the best utilization of the fu nding. While it is true that the City has until December 31, 2024 to spend and obligate the f unds, it is imperative that the City demonstrate to the Treasury that funds are being sp ent and/or obligated. The City is required to report quarterly to the Treasury and ag encies have been notified that project expenditures reported at zero may result in additio nal compliance follow-up from the Treasury. The City has reported zero expenditures to the Treasury in two required reports thus far.

As the City Council deliberates on the allocation of the funds to projects and/or programs it is important to keep in mind that ARPA funds are temporary in nature and non-recurring so their use should be applied primarily to non-rec urring expenditures or pilot programs that will provide the best investment in our commun ity. Thoughtful consideration should be given to the best use of funds. Guiding principles issued by the Government Finance Officers Association include the following:
 Care should be taken to avoid creating new programs or add-ons to existing programs that require an ongoing financial commitment.

Antioch City Council Report
March 22,2021 Agenda Item #8 3
 Replenishing reserves used to offset revenue declines during the pandemic should be given high priority to rebuild financial flexibi lity/stability and restore fiscal resiliency.
 Use of ARPA funds to cover operating deficits cause d by COVID-19 should be considered temporary and additional budget restrain t may be necessary to achieve/maintain structural balance in future budgets.
 Investment in critical infrastructure is particular ly well-suited use of ARPA funds because it is a non-recurring expenditure that can be targeted to strategically important long- term assets that provide benefits over many years. However, care should be taken to assess any on-going operating co sts that may be associated with the project.

ARPA Scanning and Partnering Efforts . State and local jurisdictions should be aware of plans for ARPA funding throughout their communities.
 Local jurisdictions should be cognizant of state-le vel ARPA efforts, especially regarding infrastructure, potential enhancements of state funding resources, and existing or new state law requirements.
 Consider regional initiatives, including partnering with other ARPA recipients. It is possible there are many beneficiaries of ARPA fundi ng within your community, such as schools, transportation agencies and local economic development authorities. Be sure to understand what they are pl anning and augment their efforts; alternatively, creating cooperative spending plans to enhance the structural financial condition of your community.

Take Time and Careful Consideration . ARPA funds will be issued in two tranches to local governments. Throughout the years of outlays, and u ntil the end of calendar year 2024, consider how the funds may be used to address rescue efforts and lead to recovery.  Use other dedicated grants and programs first whenever possible and save ARPA funds for priorities not eligible for other federal and state assistance programs.  Whenever possible, expenditures related to the ARPA funding should be spread over the qualifying period (through December 31, 2024) to enhance budgetary and financial stability.
 Adequate time should be taken to carefully consider all alternatives for the prudent use of ARPA funding prior to committing the resourc es to ensure the best use of the temporary funding.

Attachment A provides a list of potential funding items for City Council to consider based on previous City Council and staff discussions. Th is list is not exclusive and additional items this governing body wants to consider can be added. We are asking for direction and/or authorization to start the process of alloca ting funds so that we may demonstrate to the Treasury that we have a spending plan so that we don’t risk losing any of the funds that can make a substantial impact to our community. Based on direction given, staff will further determine eligibility within ARPA guidelines.

Antioch City Council Report
March 22,2021 Agenda Item #8 4

ATTACHMENTS
A. ARPA Spending Ideas
B. Resolution

ATTACHMENT A

ARPA SPENDING IDEAS

1. Mental Health Crisis Response pilot. Estimated cost of $1.8M/year for 2 years = $3.6M

2. Bridge Housing Support Services pilot. Conserva tive estimated cost of $2.6M for master lease, $3.1M support services and $250K/year for 2 CORE Team members = $6M all-inclusive cost for 2 years

3. Small business grants - $500K

4. Facade Improvement Grants - $500K

5. Small business support - $1.5M
a. Business expansion assistance
b. Technical assistance
c. Entrepreneurship training
d. Industry incubator
i. Temporary staffing, consultants, and software to help implement the above business programs would be needed

6. Bicycle Garden - $3M

7. Mayor’s Apprenticeship Program

8. Rehabilitation of building for Public Safety & C ommunity Resources Department

9. L Street improvements (drainage/storm water trea tment) - $2.5M

10. Add Wi-Fi in the downtown area that meets the g uidelines of the broadband infrastructure requirements in ARPA. The estimated installation cost is $60,000 and would have an annual maintenance and support co st of approximately $25,000/yr.

11. Upgrade of City facility ventilation systems to address public health impacts as an infection prevention measure for congregate settings.

12. Park Enhancements - $4.5M

13. Two all-inclusive parks - $2M

14. Aquatic Center needs - $3M
a. Locker room/multi-use/concession/office renovati ons - $1M b. Perimeter fence replacement - $500K
c. Deck repair - $850K
d. Pool plaster replacement - $250K
e. Boulder structure repair - $250K
f. Slide restoration - $150K

15. Nick Rodriguez/Senior Center renovation/ADA upgrades that exceed $2.2M being awarded from State.

16. Large trash capture device - $500K

17. NE Annexation storm drain improvements – cost TBD

18. Water meter AMI - $5M

19. Brackish Water Desal - $17M

20. Recycled water expansion - $TBD

21. EOC/Community Room technology upgrades - $300K

ATTACHMENT A

ARPA SPENDING IDEAS, Cont.

22. Utility bill assistance

23. Government services – up to $10M (this will free General Fund monies to pay for other projects/services the Council may want to pursue)

24. Weekly COVID testing City providing to employees through Kyla

25. Pay for COVID Sick Leave required to be provided to City employees as required by the State of California effective January 1, 2022.

26. Pay for unemployment costs charged to the City from the State Unemployment Development Department as allowed in the guidance t o respond to negative economic impacts. It is recommended to allocate $2 40,000 initially to cover the estimated cost through December 2024.

27. Pay for Police overtime costs associated with c overing employee shifts for those out with COVID related illness

ATTACHMENT B
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING AMENDMENTS TO THE 2022 AND 2023 FISCAL YEAR BUDGETS FOR ARPA EXPENDITURES UNDER CONSIDERATION AND APPROVED ON MARCH 22, 2022

WHEREAS , the City of Antioch received $10,775,450 in American Rescue Plan Act (“ARPA”) funding in May 2021 and will be receiving another $10,775,450 in May 2022; and

WHEREAS , the City may use ARPA funds to support public health expenditures, address negative economic impacts caused by the public health emergency, replace lost public sector revenue to provide government services and invest in water, sewer and broadband infrastructure;

WHEREAS , the City Council has considered and approved funding allocations within these guidelines at the March 22, 2022 City Council meeting; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Antioch hereby approves the amendments to the fiscal year 2022 and 2023 budgets for ARPA funding allocations discussed and approved at the City Council meeting of March 22, 2022 incorporated as Exhibit A.

* * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular me eting thereof, held on the 22nd day of March 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 22, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: John Samuelson, Public Works Director/City EngineerJ.S' APPROVED BY: Cornelius H. Johnson, Interim City Manager SUBJECT: Existing Street Sweeping Services in the City of Antioch

RECOMMENDED ACTION
It is recommended that the City Council receive a presentation by Delta Diablo on their existing street sweeping services and provide feedback

FISCAL IMPACT
This recommended action has no direct fiscal impact at this time.

DISCUSSION
During the City Council meeting on October 26, 2021, City Councilmember Torres-Walker requested a discussion on street sweeping, hourly parking, and parking enforcement.

Delta Diablo collects taxes for street sweeping services for the Cities of Antioch and Pittsburg, and the community of Bay Point. For the City of Antioch, Delta Diablo hires a private street sweeping contractor to sweep all City streets once per month.

ATTACHMENTS
PowerPoint slide presentation prepared by Dean H. Eckerson, PE, Delta Diablo Resource Recovery Services Director
9 Agenda#