ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, August 23, 2022
Time: 5:15 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
Michael Barbanica, Mayor Pro Tem (District 2) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Lori Ogorchock, Council Member District 3 Cornelius Johnson, Interim City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney
In accordance with the Americans with Disabilities Act and California law , it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or mate rials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone:
(925) 779-6950, and e-mail: [email protected].
SPEAKER RULES
Welcome to a meeting of the Antioch City Council. Your attendance is appreciated. The State Ralph M. Brown Act guarantees the public's right to address the City Council, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour.
The City Council can only take action on items that are listed on the agenda. If you wish to speak about an item not on the agenda, the "Public Comments" section of the agenda is for you. Unagendized comments are provided until no later than 7:30 p.m. when the City Council moves on to agenda items. There is another opportunity for public comments at the end of the meeting.
If you wish to speak, either during "public comments" or during an agenda item, fill out a Speaker Request Form and place in the Speaker Card Tray near the City Clerk . This will enable us to call upon you t o speak. Important: Please i dentify if the comment is for Announcement of Community Events, Public Comment, or a specific Agenda Item Number on your Speaker Request Form. No one may speak more than once on an agenda item or during "public comments." (Please see next page for additional information on public participation.)
Each speaker is l imited to not mo re than three minutes under Public Comments and three minutes on non-public hearing agenda items. During public hearings, each side is entitled to one "main presenter" who may have n ot more than 10 minutes; all other speakers during public hearing items, are entitled to a maximum of 5 minutes. These time limits may be modified depending on the number of speakers, number of items on the agenda , or circumstances. Groups who are here regarding an item may identify themselves by raising their hands at the appropriate time to show support for one of their speakers.
During certain types of hearings, the applicant is allowed to give his or her presentation first.
After all testimony is received, the applicant has an opportunity for rebuttal.
The "Consent Calendar" is a group of items which are determined to be routine. These items are usually considered all at once and approved without further discussion. If you are opposed to action wh ich is recommended for an item on the "Consent Calendar," please submit a Speaker Request Form before the meeting, and place in the Speaker Card Tray near the City Clerk. This will enable the item to be removed from the “Consent Calendar” and call on you to speak.
After having heard from the public, the agenda item will be closed. Deliberations will then be limited to members of the City Council.
If the meeting appears to be going late, the City Council may decide to continue some items until a subsequent meeting. The City Council will try to make this determination around 10:00 p.m. It is the goal to stop discussing agenda items by not later than 11:00 p.m.
The City Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessio ns often occurring before or after the regular meeting. The City Council also holds adjourned meetings and study sessions on other days.
ANTIOCH CITY COUNCIL -1- AUGUST 23, 2022
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Other materials, such as maps and diagrams, may also be included. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link:
https://www.antiochca.gov/notifications/ and enter your e -mail address to subscribe. To view the agenda information, click on the following link: https://www.antiochca.gov/government/agendas-and-minutes/city- council/. Questions may be directe d to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the Council on each agenda item. Please s ee the Speaker Rules on the inside cover of this Agenda for additional information on public participation.
5:15 P.M. ROLL CALL – CLOSED SESSION – for Council Members – All Present
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Banks et al. v.
City of Antioch et al. (CASE NO. C18-7391 HSG).
Case Settlement of $495,000 was Approved by Council, 5/0
2) CONFERENCE WITH REAL PROPERTY NEGOTIATONS – EXISTING LITIGATION – Pursuant to California Government Code section 54956.8; Property: 4527 Deerfield Drive, Antioch, CA ; Agency Negotiation: City of Antioch Negotiator: Interim City Manager, Cornelius H. Johnson and City Attorney, Thomas Lloyd Smith; Negotiating Parties: City of Antioch and Yellow Roof Foundation; Under Negotiation: Price and terms of payment.
Direction provided to City Attorney and Assistant City Manager
3) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: California Resources Production v. City of Antioch et al. , Contra Costa County Superior Court Case No. N21 -2354; Delta Gas Gathering, Inc. and California Energy Exchange Corporation v. City of Antioch et al. , Contra Costa County Superior Court Case No. N21-2355; and Enerfin Resources Northwest Limited Partnership v. City of Antioch et al. , Contra Costa County Superior Court Case No. N21-2356.
Direction provided to City Attorney
ANTIOCH CITY COUNCIL -2- AUGUST 23, 2022
CLOSED SESSION – Continued
4) CONFERENCE WITH REAL PROPERTY NEGOTIATONS pursuant to California Government Code section 54956.8; Property: 275 W. Tregallas Road, Antioch, CA ; Agency Negotiation: City of Antioch Negotiators:
Interim City Manager, Cornelius H. Johnson and City Attorney, Thomas Lloyd Smith; Negotiating Parties: Richard Hobin, Esq.; Under Negotiation:
Price and terms of payment.
Direction provided to City Attorney and Assistant City Manager
5) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – significant exposure to litigation pursuant to California Government Code section 54956.9(b): One Case.
No reportable action
6) CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Ana Cortez, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Public Works Association and Antioch Police Sworn Management Association.
Direction provided to Labor Negotiators
5:18 P.M. ADJOURNED TO CLOSED SESSION
7:01 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – All Present
PLEDGE OF ALLEGIANCE
MAYOR PRO TEM BARBANICA REQUESTED A MOTION TO SUSPEND THE RULES AND MOVE PUBLIC HEARING ITEM #4 TO FOLLOW THE PLEDGE OF ALLEGIANCE; APPROVED 5/0
ANTIOCH CITY COUNCIL -3- AUGUST 23, 2022
PUBLIC HEARING
4. RENT STABILIZATION ORDINANCE INTRODUCTION
9:56 P.M. FIVE MINUTE RECESS
10:07 P.M. RECONVENED, ROLL CALL – All Present
Recommended Action: It is recommended that the City Council:
Council motioned with sixty percent (60%) of (CPI) Consumer Price Index or three percent (3%) cap; whichever is less, 3/2 (Barbanica, Ogorchock)
1) Set a limit on rental rate increases as the greater of ____ percent (___%) or ____ percent (___%) of the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland- Hayward Area published by the Bureau of Labor Statistics.
To 09/13/2022 for Adoption, 3/2 (Barbanica, Ogorchock)
2) Introduce, waive the first reading, and introduce by title only the Rent Stabilization Ordinance.
MAYOR THORPE MOTIONED TO SUSPEND THE RULES AND MOVED PUBLIC COMMENTS, CONSENT CALENDAR ITEM #3G, AND PUBLIC HEARING ITEMS #5 AND #6 TO BE HEARD AS THE NEXT ORDER OF BUSINESS, APPROVED 5/0
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
G. SECOND READING – PROPOSED ORDINANCE AMENDING THE ANTIOCH MUNICIPAL
CODE REGARDING THE PARKING OF MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON RESIDENTIAL PROPERTY (Introduced on 07/26/2022) Ord No. 2218-C-S adopted, 4/1 (Barbanica)
Recommended Action: It is recommended that the City Council adopt an ordinance amending the Antioch Municipal Code regarding the parking of motor vehicles, including Recreational vehicles.
ANTIOCH CITY COUNCIL -4- AUGUST 23, 2022
PUBLIC HEARING – Continued
5. ONE PLANT CANNABIS DISTRIBUTION AT 2710 WEST 10TH STREET (UP-21-17) Reso No. 2022/140 adopted, 3/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council adopt the resolution approving a Use Permit to operate a cannabis distribution facility subject to conditions of approval (UP-21-17).
COUNCIL MEMBER WILSON RECUSED HERSELF FROM THE DAIS BEFORE PUBLIC HEARING ITEM #6 WAS HEARD
6. 300 G STREET RETAIL CANNABIS DISPENSARY (UP-22-01)
Motion did not pass, 2/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council adopt the Resolution approving a Use Permit to operate a retail cannabis dispensary subject to findings and Conditions of Approval (UP-22-01).
MAYOR THORPE ASKED COUNCIL IF THEY WOULD LIKE TO PRESS ON OR MOVE THE REMAINING MATTERS (AGENDA ITEMS) TO A LATER MEETING , PREFERABLY FRIDAY.
MAYOR PRO TEM BARBANICA STATED HE WOULD LIKE TO PRESS ON, COUNCILMEMBER OGORCHOCK STATED SHE WOULD NOT. MAYOR THORPE ASKED
STAFF TO MOVE THE REST OF THE AGENDA ITEMS TO THE SPECIAL MEETING ON FRIDAY, AUGUST 26, 2022.
12:22 A.M. COUNCIL MEMBER WILSON RETURNED TO THE DAIS
MAYOR THORPE MOVED ITEM #7 TO BE HEARD AS THE NEXT ORDER OF BUSINESS BEFORE THE MOTION TO ADJOURN THE REGULAR MEETING.
COUNCIL REGULAR AGENDA
7. CONTRA COSTA MOSQUITO AND VECTOR CONTROL BOARD OF TRUSTEES’ (ANTIOCH RESIDENT REPRESENTATIVE) APPOINTMENT FOR ONE (1) PARTIAL - TERM VACANCY EXPIRING APRIL 2024
Reso No. 2022/141 adopted appointing Wade Finlinson
to the partial-term vacancy expiring April 2024, 5/0
Recommended Action: It is recommended that the Mayor nominate, and Council approve by resolution, one (1) Antioch Resident Representative to the Contra Costa Mosquito and Vector Control Board of Trustees for one partial-term vacancy expiring April 2024.
ANTIOCH CITY COUNCIL -5- AUGUST 23, 2022
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second of the motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn Regular Meeting at 12:27 a.m., 5/0
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 08/26/2022 COUNCIL SPECIAL MEETING TO BE HEARD]
1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
• HOT AUGUST CRUISE NIGHT – AUGUST 27, 2022
Downtown Antioch’s Rivertown District, W. 2nd Street, Antioch
• PEDDLER’S FAIRE – SEPTEMBER 10, 2022
Downtown Antioch’s Rivertown District, G Street & 2nd Street, Antioch
2. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ BOARD OF ADMINISTRATIVE APPEALS
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 28, 2022
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 26, 2022
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 9, 2022
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
ANTIOCH CITY COUNCIL -6- AUGUST 23, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
D. APPROVAL OF COUNCIL WARRANTS
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Recommended Action: It is recommended that the City Council approve the warrants.
F. REJECTION OF CLAIM: EDWARD BURKHALTER
Recommended Action: It is recommended that the City Council reject the claim submitted by Edward Burkhalter.
H. FIRST AMENDMENT TO THE DESIGN CONSULTING SERVICES AGREEMENT WITH
BROWN AND CALDWELL FOR ON -CALL PROFESSIONAL ENGINEERING DESIGN SERVICES (P.W. 700-1)
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the first amendment to the Design Consulting Services Agreement with Brown and Caldwell for On -Call Professional Engineering Design Services in the amount of $50,000 for a total contract amount of $100,000; and
2) Authorizing and directing the City Manager or designee to execute the first amendment to the Design Consulting Services Agreement in a form approved by the City Attorney.
I. RESOLUTION APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR PARK RIDGE PHASE 5 SUBDIVISION 9578 (DAVIDON HOMES) AND ANNEXING TO CITYWIDE LIGHTING AND LANDSCAPING DISTRICT 10 ZONE 1 (P.W. 674-5)
Recommended Action: It is recommended that the City Counc il adopt a resolution approving the final map and improvement plans for Park Ridge Phase 5, Subdivision 9578, and annexing to City Wide Lighting and Landscaping District 10, Zone 1.
ANTIOCH CITY COUNCIL -7- AUGUST 23, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
J. CROWDSTRIKE CYBER SECURITY SERVICES 5-YEAR CONTRACT
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a 5 -year contract for CrowdStrike cyber security services via ePlus Technology, Inc. in the amount not to exceed $340,000.
K. AB 361: RESOLUT ION 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.
L. CRITICAL INCIDENT STRESS MANAGEMENT & WELLNESS CONTRACT
Recommended Action: It is recommended that the City Council adopt a resolution approving a one -year sole source contract with Public Safety Family Counseling Group, INC. to provide critical incident stress management and facilitate the emotional wellness roof of Police Department personnel from July 1, 2022 to June 30, 2023 and authorizing the City Manager to execute an agreement with Public Safety Family Counseling Group, INC., not to exceed $75,000 for a one year period with an option to extend.
COUNCIL REGULAR AGENDA
8. CODE ENFORCEMENT STAFFING UPDATE
Recommended Action: It is recommended that the City Council receive the update on Code Enforcement staffing.
ANTIOCH CITY COUNCIL -8- AUGUST 23, 2022
COUNCIL REGULAR AGENDA – Continued
9. RESOLUTION APPROVING THE CLASS SPECIFICATION UPDATES FOR THE
MANAGEMENT AND ANTIOCH POLICE SWORN MANAGEMENT BARGAINING UNITS
Recommended Action: It is recommended that the City Council adopt the resolutions approving two class specification updates to the Manageme nt Bargaining Unit and the Antioch Police Sworn Management Association.
10. EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS AND INCENTIVE
PROGRAM FOR QUALIFIED LATERAL AND ENTRY LEVEL POLICE OFFICERS
Recommended Action: It is recommended that the City Council:
1) Adopt the resolution authorizing an increase in employee referral and recruitment signing bonus and incentive program for qualified lateral and entry level (academy graduate and recruit) Police Officers; and
2) Authorize staff to perform additional research on the Antioch Homeownership Incentive Program for Police Academy
graduates.
11. RESOLUTION SEEKING APPROVAL OF CITY CLERK’S REQUEST FOR THE CITY ATTORNEY TO PROVIDE MANAGERIAL OVERSIGHT OF THE CITY CLERK’S
DEPARTMENT
Recommended Action: It is recommended that the City Council adopt the resolution approving the City Clerk’s request for the City Attorney to provide day-to-day managerial oversight of the City Clerk’s Department.
PUBLIC COMMENT
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and City Manager – no longer than 6 months.
#1
BOARDS / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
Your interest and desire to serve our community is appreciated.
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards and committees. Any interested resident is encouraged to apply for the vacancy listed below. To be considered for these volunteer positions, a completed application must be received in the Office of the City Clerk by 5:00 p.m., on August 26, 2022. Applications are available at https://www.antiochca.gov/#. ➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ BOARD OF ADMINISTRATIVE APPEALS
#2
SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
(EXTENDED Deadline date: 08/26/2022)
Four (4) Committee Members, full-term vacancies, expiring March 2026 ▪ A Sales T ax Citizens’ Oversight Committee has been established following the voters passing Ballot Measure C – Transaction and Use (Sales) T ax. This passed at the November 5, 2013 Consolidated Election. At the November 6, 2018 Consolidated Election, the voters passed Ballot Measure W – Transaction and Use (Sales) T ax.
▪ Each year, an independent auditor shall complete a public audit report of the revenue raised and its expenditure. The Sales T axCitizens’ Oversight Committee shall review the expenditures and report publicly how the funds are being used to address the City Council’s stated priorities of maintaining Antioch’s fiscal stability, police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality/safety; repairing streets; cleaning up parks/illegal dumping; restoring youth afterschool/summer programs; and other essential services. The Committee’s review shall be completed in conjunction with the City’s budget process. The Committee’s report on its review, whether oral or written, shall be considered by the City Council at a public meeting before April 1 of each year. Any written report shall be a matter of public record.
▪ The Committee shall meet at least twice a year. The meetings will be public. ▪ The Sales T ax Citizens’ Oversight Committee consists of seven members who are Antioch residents. At least one member of the Committee shall have a financial, accounting or auditing background. The Committee will be nominated by the Mayor and approved by the City Council. ▪ Members of the Sales T ax Citizens’ Oversight Committee will be required to file an annual "Statement of Economic Interest".
BOARD OF ADMINISTRATIVE APPEALS
(EXTENDED Deadline date: 08/26/2022)
One (1) Alternate Member, 2-year term vacancy
▪ Board of Administrative Appeals consists of five members and one alternate to be appointed by the Mayor and confirmed by a majority of the Council. The alternate member shall serve a term of two years.
▪ Must be a resident of the City of Antioch.
▪ The Board hears appeals regarding administrative decisions by any official of the City dealing with Municipal Code interpretations.
▪ Three of the members shall have experience in the building construction trades and/or training in the California Code of Regulations.
▪ Meetings are held the first Thursday of every month at 3:00 p.m. in the City Council Chambers; or on other dates as needed.
▪ Commissioners are required to submit a FPPC Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter no later than April 1st. ▪ Newly appointed Commissioners are also required to complete the AB 1234 Ethics training within 1- year of their appointment. All Commissioners must then take the AB 1234 Ethics training every two years thereafter. The Ethics training is available online.
BOARD OF ADMINISTRATIVE APPEALS
(Deadline date: 08/26/2022)
Two (2) Full-Term vacancies, expiring March 2026
One (1) Partial-Term vacancy, expiring March 2024
▪ Board of Administrative Appeals consists of five members and one alternate to be appointed by the Mayor and confirmed by a majority of the Council. The alternate member shall serve a term of two years.
▪ Must be a resident of the City of Antioch.
▪ The Board hears appeals regarding administrative decisions by any official of the City dealing with Municipal Code interpretations.
▪ Three of the members shall have experience in the building construction trades and/or training in the California Code of Regulations.
▪ Meetings are held the first Thursday of every month at 3:00 p.m. in the City Council Chambers; or on other dates as needed.
▪ Commissioners are required to submit a FPPC Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter no later than April 1st. ▪ Newly appointed Commissioners are also required to complete the AB 1234 Ethics training within 1- year of their appointment. All Commissioners must then take the AB 1234 Ethics training every two years thereafter. The Ethics training is available online.
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Special/Regular Meeting June 28, 2022
5:30 P.M. Council Chambers
4:15 P.M. - CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Public Works Association and Antioch Police Sworn Management Association.
2. CONFERENCE WITH REAL PROPERTY NEGOTIAT IONS – pursuant to California Government Code section 54956.8; Property: 515 East 18th Street, Antioch, CA (APNs 065-143-018 and 065-143-019); Agency Negotiation: Rosanna Bayon Moore, As sistant City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Michael Heath, Esq.; Under Negotiation: Price and Terms of Payment.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: INTERIM CITY MANAGER.
This closed session is authorized pursuant to Government Code section 54957.
ADJOURN TO CLOSED SESSION
Council adjourned to Closed Session at 4:17 P.M.
5:30 P.M. SPECIAL MEETING/STUDY SESSION
Mayor Thorpe called the meeting to order at 5:31 P.M., and Acting City Clerk Villanueva called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson and Mayor Thorpe
Absent: Mayor Pro Tem (District 2) Barbanica
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
SM-1. CITY OF ANTIOCH 6TH CYCLE HOUSING ELEMENT UPDATE
Planning Manager Hersch presented the staff report dated June 28, 2022, recommending the City Council: 1) Provide feedback on the draft Housing Element and 2) Motion to approve and submit the draft Housing Element to the California Department of Housing and Community Development (HCD) for review.
A
08-23-22
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 2 of 13
PUBLIC COMMENT
Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to two-minutes.
Judith Ortiz, Monument Impact, Kamilah Miller, ACCE and Childcare Changemakers, Christian Gibson, Los Medanos Student speaking on behalf of parents and classmates, So fia Bello, Los Medanos College, speaking on behalf of students, Diana Bello, Service Employees International Union (SEIU), Devin Williams, ACCE, Thomas Heidt, ACE, Alex Navarro, Monument Impact , Deborah Ballenger, Monument Impact, Tony Bravo , Monument Impact, Bertha, Rev Millie Phillips, Faith Alliance for a Moral Economy , Risa Peoples , Fernando Torres, ACCE, Archie Brumfield, ACCE, Daniela Ponce, ACCE, spoke in support of the City Council creating tenant protection policies that included anti-harassment, just cause and rent control ordinances.
Tachina Garrett, ACCE, expressed concern regarding the substandard living conditions at the Delta Pines apartments.
Kerri Watt, DeNova Homes, thanked the City Council for including the two properties they had requested to be added to the Housing Element as potential housing opportunities sites.
DesRon B oyd, Antioch resident representing ACEE, expressed concern regarding the substandard living conditions at the Twin Creeks apartments.
Deborah Ballenger, Monument Impact, spoke in support of the City including tenant protecti on policies in the Housing Element. She urged Council to pass rent control, just cause for eviction, anti-harassment, Tenant Opportunity to Purchase Act (TOPA) and Community Opportunities to Purchase Act (COPA) policies, as soon as possible . She also sugg ested Council adopt an inclusionary zoning ordinance using income targets to prioritize development of units for very low and low income residents.
Miriam Sainz, ECRG, thanked the City Council for including tenant protection, TOPA and COPA policies in the Housing Element. She urged Council to pass rent control, just cause for eviction and anti-harassment policies, as soon as possible.
Brendon O’Laskey, Antioch resident representing ECRG, encouraged the City to pass tenant protections and build very low-income housing units. Additionally, he requested all new market rate housing contain inclusionary zoning with priority given to very low-income renters including the undocumented. He also requested Council create a housing trust fund with a community advisory committee of tenants.
Joshua discussed the challenges facing his parents with regards to pay ing their rent and he requested the City Council assist them.
Vanessa, Teresa and Carmen Ponce, ACE, provided public comment in Spanish. Council was provided earphones that simultaneously translated their comments to English.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 3 of 13
Rhea Laughlin, First 5 Contra Costa and ECRG, requested Council consider enacting tenant protection policies, as soon as possible. She recommended building units for very low -income families and the establishment of a housing trust fund with a community advisory committee of tenants.
Daniel Duncan, Delta Pines resident speaking on behalf of tenants, discussed the adverse effects of rent increases. He spoke in support of rent control.
Sandra Withrow reported they were evicted from the Delta Pines apartments.
Nicole Austin Sims spoke in support of rent control and anti-harassment policies. She reported she was being evicted from her apartment and she was living in substandard conditions
Jilandra Plaza, ACCE, Delta Pines Apartments reported she received an eviction notice and was unable to leave because she had to work. She stated she had COVID and needed time to make up the money which she was able to do; however, the manager would not accept payment.
Mark Jordan encouraged Council to approve and submit the Housing Element Update to the State. He urged Council to take public comments seriously and inform tenants it would take some time to create local rent control and anti-harassment protections. He noted these policies existed at the State level. He explained that rent control could be tied to the consumer price index. He encouraged Council to direct tenants towards legal aid and fund the City’s existing rental housing inspection program.
Andrew Becker encouraged the C ity to offer mediation services to tenants and Council to consider a housing voucher program . He suggested focusing on site supply being equally distributed throughout the community and spoke in support of development impact fees.
Phillip Batista reported the D elta Pines Apartment property was mismanaged and he encouraged Council to intervene on behalf of tenants.
Mayor Thorpe thanked the speakers for their public comments. He reported he along with Councilmembers Torres-Walker and Wilson advanc ed just cause , anti-harassment and rent control policies. He noted the timeline referenced in the staff report was a staff recommendation; however, he would be bringing these items back on his timeline. Lastly, he clarified that he was not involved in the management of the Delta Pines Apartments.
PUBLIC COMMENT – Continued
Treveyon reported he had been harassed by the manager of the Delta Pines Apartments and he asked Council to pass rent control and anti-harassment policies.
Councilmember Ogorchock encouraged residents to file their housing complaints with the Code Enforcement Department. She commented that all five Councilmembers directed staff to provide specific language addressing tenant protection policies in the Housing Element Update.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 4 of 13
Mayor Thorpe explained the Housing Element Update was a guide. He reiterated that he along with Councilmembers Torres-Walker and Wilson voted to bring back tenant protection policies, which would be the enforceability item.
Councilmember Torres-Walker thanked the speakers for their public comments. She reported CDBG funding was approved to support several organizations serving individuals facing homelessness. She apologized for not acting to assist those in need. She encouraged Council to move as expeditiously as possible and ensure that the policies implemented could be legally enforced.
Councilmember Wilson thank ed the speakers for their comments. She spoke in support of advancing tenant protection policies as soon as possible.
A motion by Councilmember Ogorchock to approve and submit the draft Housing Element to the California Department of Housing and Community Development (HCD) for review , died for the lack of a second.
Councilmember Wil son expressed concern with the implementation schedule for the tenant protection policies and some of the wording within the housing element.
Planning Manager Hersch clarified that the Housing Element would not be certified until January 2023.
Mayor T horpe explained he had already started the process of drafting the ordinances with stakeholders, so the timelines in the Housing Element were not relevant.
On motion by Councilmember Wilson, seconded by Mayor Thorpe the City Council members present unanim ously approved and submit ted the draft Housing Element to the California Department of Housing and Community Development (HCD) for review.
Mayor Thorpe declared a recess at 7:04 P.M. The meeting reconvened at 7:21 P.M. with all Councilmembers present with the exception of Councilmember Barbanica who was previously reported absent.
MOTION TO ADJOURN SPECIAL MEETING/STUDY SESSION
On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker the City Council members present unanimously adjourned the Special Meeting at 7:21 P.M.
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the meeting to order at 7: 22 P.M., and Acting City Clerk Villanueva called the roll.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 5 of 13
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson and Mayor Thorpe
Absent: Mayor Pro Tem (District 2) Barbanica
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
City Attorney Smith re ported the City Council had been in Closed Session and discussed the following items: #1 CONFERENCE WITH LABOR NEGOTIATORS , #2 CONFERENCE WITH REAL PROPERTY NEGOTIAT IONS; and #3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: INTERIM CITY MANAGER.
1. PROCLAMATION
Honoring Principal Louie Rocha on his Retirement from Antioch High School
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously approved the proclamation.
Mary Rocha accepted the proclamation on behalf of Louie Rocha and thanked the City Council for the recognition.
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Director of Parks and R ecreation Helfenberger announced the following civic and community events.
➢ Sesquicentennial Concert in the Park, Williamson Ranch Park – July 2nd ➢ Military Tribute Concert, 2nd Street and E Street, Downtown Antioch – July 3rd ➢ 4th of July Community Parade, Antioch Rivertown District – July 4th
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
Acting City Clerk Villanueva announced the following Board and Commission openings.
➢ Sales Tax Citizens’ Oversight Committee
➢ Contra Costa Mosquito & Vector Control Board of Trustees ➢ Board of Administrative Appeals
PUBLIC COMMENTS
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 6 of 13
Andrew Becker expressed concern that unhoused residents had been removed from city owned property without any written notice or resources provided. He explained that he had questioned the Antioch Police Department as to why resources were not provided, and they responded that they had not been given direction from staff. He commented that there were available rooms at the Executive Inn. He requested the City Council consider safe parking spaces while they move toward housing solutions.
Frank Sterling stated he raised his hand to comment during the Housing Element Update; however, he was not recognized. H e encouraged Council to enact emergency protection s to assist residents who were being evicted.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker reported on her attendance at the Community Violence Solutions Ad Hoc Committee and Public Safety and Community Resources Ad Hoc Committee meetings.
She announced a Cannabis Standing Committee meeting would be held later this week. She also noted she attended meetings regarding community engagement efforts for the Antioch Police Department. She thanked Interim Police Chief Ford for including her in the meetings and taking her district under consideration. She thanked Interim City Manager Johnson for meeting with non-profits and service providers in Richmond.
Councilmember Ogorchock reported that due to illness, she had not attended the City/AUSD Standing Committee.
Councilmember Torres -Walker reported on her attendance at the City/AUSD Standing Committee meeting.
Councilmember Wilson reported on her attendance at the P ublic Safety and Community Resources Ad Hoc Committee and Tri Delta meetings. She announced she would be attending the Cannabis Standing Committee on July 1, 2022.
Mayor Thorpe reported on his attendance at the Tri Delta meeting. He requested to be added to the reminders for C ommunity Violence Solution Ad Hoc meetings. He announced he would be attending the Mayors Conference and CCTA meetings in July.
MAYOR’S COMMENTS
Mayor Thorpe thanked Director of Parks and Recreation Helfenberger and Interim City Manager Johnson for organizing Juneteenth events.
4. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 24, 2022
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 7 of 13
B. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 14, 2022
C. APPROVAL OF COUNCIL WARRANTS
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
E. ORDINANCE NO. 2217-C-S SECOND READING - ORDINANCE AMENDING ARTICLE 15 OF CHAPTER 5 OF TITLE 4 OF THE ANTIOCH MUNICIPAL CODE AND CHANGING THE PRIMA FACIE SPEED LIMIT ON VARIOUS ROADWAY (P.W. 282 - 3A) (Introduced on 06/14/2022)
F. RESOLUTION NO. 2022/108 AB 361: RESOLUTION MAKING FINDINGS
NECESSARY TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR
THE CITY COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES
G. RESOLUTION NO. 2022/10 9 REQUESTING AND CONSEN TING TO THE
CONSOLIDATION OF ELECTIONS AND SETTING SPECIFICATIONS OF THE ELECTION ORDER FOR THE NOVEMBER 8, 2022, STATEWIDE GENERAL
MUNICIPAL ELECTION FOR ELECTED OFFICIALS - COUNCIL MEMBERS DISTRICT 1 AND DISTRICT 4
H. RESOLUTION NO. 2022/110 REQUEST TO THE EAST CONTRA COSTA REGIONAL
FEE AND FINANCING AUTHORITY TO APPROVE THE SAND CREEK ROAD
EXTENSION PROJECT AS A PRIORITY PROJECT
I. RESOLUTION NO. 2022/111 AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH ROK TECHNOLOGIES, LLC, A GIS CLOUD ENVIRONMENT
MANAGED SERVICE, TO PROVIDE A SECURE CLOUD ENVIRONMENT AND
IMPROVE GIS ACCESS AND INTER-DEPARTMENTAL COMMUNICATION
J. RESOLUTION NO. 2022/1 12 AMENDMENTS TO MEMORANDA OF AGREEMENT
WITH CONTRA COSTA HEALTH SERVICES FOR MUTUAL AID RESPONSE TO COVID-19 PANDEMIC - USE OF CITY OF ANTIOCH FACILITIES
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council members present unanimously approved the Consent Calenda r with the exception of Item J which was pulled for further discussion.
Item J – Leslie May asked which City facilities were being utilized by the County and if the County paid for their use.
Mayor Thorpe clarified that the Nick Rodrigues Community Center and Antioch Community Center were the agreed upon locations and the City was not charging the County for their use.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council members present unanimously approved Consent Calendar Item J.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 8 of 13
PUBLIC HEARING/ CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING
SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY
5. PUBLIC HEARING TO REVIEW FISCAL YEAR 2022 -23 ACTION PLAN FOR
EXPENDING FEDERAL CDBG, LOCAL HOUSING SUCCESSOR, AND PERMANENT
LOCAL HOUSING ALLOCATION (PLHA) FUNDING
CDBG/Housing Consultant House presented the staff report dated June 28, 2022, recommending the City Council 1) approve the funding recommendations of the CDBG Committee and adopt the resolution approving the City of Antioch Fiscal Year 2022 -23 Action Plan for expending federal CDBG funds. 2) It is recommended that the City Council approve the funding recommendation s of the CDBG Committee and adopt the resolution approving Permanent Local Housing Allocation (PLHA) funding for homeless services outlined in the Fiscal Year 2022-23 Annual Action Plan. 3) It is recommended that the City of Antioch as the Housing Successor to the Antioch Development Agency approve the funding recommendations of the CDBG Committee and adopt the resolution approving Housing Successor funding for homeless services outlined in the Fiscal Year 2022-23 Annual Action Plan.
Mayor Thorpe opened the public hearing.
Andrew Becker commended staff and the committee for their recommendations. He discussed State and Federal grant opportunities.
Mayor Thorpe closed the public hearing.
Councilmember Ogorchock thanked CDBG/Housing Consultant House for the presentation.
In response to Councilmember Ogorchock, CDBG/Housing Consultant House stated once organizations were funded, links to the agencies would be added to the CDBG website.
Councilmember Ogorchock thanked Councilmembers Barbanica and Torres -Walker for their commitment to this process.
Councilmember Torres -Walker thank ed CDBG/Housing Consultant House for her hard work while reviewing and interviewing the non-profit agencies.
In response to Councilmember Torres -Walker, CDBG/Housing Consultant House stated that if the funding recommendations were approved, they could begin negotiations for a safe parking site.
RESOLUTION NO. 2022/113
On motion by Councilmember Torres -Walker, seconded by Councilmember Wilson the City Council members present unanimously approved the funding recommendations of the CDBG
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 9 of 13
Committee and adopted the resolution approving the City of Antioch Fiscal Year 2022-23 Action Plan for expending federal CDBG funds.
RESOLUTION NO. 2022/114
On motion by Councilmember Torres -Walker, seconded by Councilmember Wilson the City Council members present unanimously approved the funding recommendations of the CDBG Committee and adopted the resolution approving Permanent Local Housing Allocation (PLHA) funding for homeless services outlined in the Fiscal Year 2022-23 Annual Action Plan.
RESOLUTION NO. 2022/115
On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson the City of Antioch as the Housing Successor to the Antioch Developm ent Agency members present unanimously approved the funding recommendations of the CDBG Committee and adopted the resolution approving Housing Successor funding for homeless services outlined in the Fiscal Year 2022-23 Annual Action Plan.
6. RESOLUTION ANNEXING CERTAIN PARCELS OF KB HOME NORTH BAY, LLC (LAUREL RANCH) INTO CFD NO. 2018-02 (POLICE PROTECTION)
Director of Public Works/City Engineer Samuelson presented the staff report dated June 28, 2022, recommending the City Council adopt the resolution annexing certain parcels of KB Home North Bay, LLC (Laurel Ranch) into Community Facilities District (CFD) No. 20 18-02 (Police Protection).
Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.
RESOLUTION NO. 2022/116
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution annexing certain parcels of KB Home North Bay, LLC (Laurel Ranch) into Community Facilities District (CFD) No. 2018 -02 (Police Protection).
7. RESOLUTION ANNEXING CERTAIN PARCELS OF PROMENADE ANTIOCH, LP (TRI POINTE) INTO CFD NO. 2018-02 (POLICE PROTECTION)
Director of Public Works/City Engineer Samuelson presented the staff report dated June 28, 2022, recommending the City Council adopt the resolution annexing certain parcels of Promenade Antioch, LP (Tri Pointe) into Community Facilities Districts (CFD) No. 2018 -02 (Police Protection).
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 10 of 13
Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.
RESOLUTION NO. 2022/117
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution annexing certain parcels of Promenade Antioch, LP (Tri Pointe) into Community Facilities Districts (CFD) No. 2018 -02 (Police Protection).
8. PUBLIC HEARING TO CONFIRM AND LEVY OF ANNUAL ASSESSMENTS FOR STREET LIGHT AND LANDSCAPE MAINTENANCE D ISTRICTS 1, 2A, 4, 5, 9, AND 10 FOR FISCAL YEAR 2022/2023 (P.W. 500)
Director of Public Works/City Engineer Samuelson presented the staff report dated June 28, 2022, recommending the City Council adopt a resolution ordering improvements and levying annual assessments for Street Light and Landscape Maintenance Districts 1, 2A, 4, 5, 9, and 10 for Fiscal Year 2022/2023.
Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.
RESOLUTION NO. 2022/118
On motion by Councilmember Wilson, seconded by Councilmember Ogorchock the City Council members present unanimously adopted a resolution ordering improvements and levying annual assessments for Street Light and Landscape Maintenance Districts 1, 2A, 4, 5, 9, and 10 fo r Fiscal Year 2022/2023.
COUNCIL REGULAR AGENDA
9. FISCAL YEAR 2021-23 MID-YEAR BUDGET
Finance Director Merchant presented the staff report dated June 28, 2022, recommending the City Council adopt the resolution amending the Fiscal Year 2022 and Fiscal Year 2023 budgets.
Andrew Becker stated he hoped the City w ould take under consideration offers from other agencies and other CIP project investments.
In response to Councilmember Ogorchock, Finance Director Merchant explained the terms and conditions of the CalVIP grant.
Councilmember Torres-Walker explained CalVIP Grant Program information was available on the California Board of State and Community Corrections (BSCC) website. She stated she was
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 11 of 13
in support of approving this budget because it would establish a new department to serve the community. She thanked Finance Director Merchant for her work.
Mayor Thorpe requested Council reconsider adding the Recreation Program Coordinator position for special events, to the budget.
Finance Director Merchant reported the cost of adding the Recreation Program Coordinator position would be approximately $135,000. She stated if it was added to the budget, she would request the resolution be amended to include funding and the budget for the position.
Speaking to the following motion, City Attorney Smith confirmed that Finance Director Merchant would have the authority to update the exhibits with the correct amount reflecting the added Recreation Program Coordinator position.
RESOLUTION NO. 2022/119
On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker the City Council adopted the resolution amending the Fiscal Year 2022 and Fiscal Year 2023 budgets with the addition of one Recreation Program C oordinator p osition. The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock Absent: Barbanica
10. CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) GRANT
Youth Services Network Manager Johnson presented the staff report dated June 28, 2022, recommending the City Council adopt the resolution Acknowledging Acceptance of the California Violence Intervention and Prevention (CalVIP) grant, including specific terms and conditions as described.
Andrew Becker acknowledged the work of staff and Council in receiving the CalVIP grant. He spoke in support of the formation of the Public Safety and Human Resources Department.
Leslie May thanked Councilmember Torres-Walker for bringing this item forward and Council for their support.
Public comments submitted in writing were entered into the record from the following individuals:
Michelle Peterson, Alamo resident, Moms Demand Action for Gun Violence Prevention Tri - Valley, MJ Franklin, Nina Carter and Carmen Garcia, Antioch residents, representing Bonafide Sisterhood Inc. and an unidentified commenter.
Councilmember Wilson and Mayor Thorpe thanked Councilmember Torres-Walker for bringing this item forward for consideration and staff for facilitating the grant process.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 12 of 13
City Attorney Smith clarified for all three items the City Council discussed in Closed Session, there was no reportable action.
Councilmember Torres-Walker thanked Youth Services Network Manager Johnson , Assistant City Manager Bayon Moore , Interim City Manager Johnson and community members who participated in the process.
RESOLUTION NO. 2022/120
On motion by Councilmember Torres -Walker, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution Acknowledging Acceptance of the California Violence Intervention and Prevention (CalVIP) grant, including specific terms and conditions as described.
PUBLIC COMMENT
Andrew Becker request ed city staff reach out to Here Today Home Tomorrow regarding a potential Homekey application.
STAFF COMMUNICATIONS
City Attorney Smith reiterated there was no reportable action for all three items on the Closed Session agenda for the City Council this evening.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Ogorchock requested staff agendize a discussion on school crossing guards for the next school year.
Councilmember Torres-Walker thanked the public for their participation this evening. She stated she looked forward to hearing a report regarding the safe parking program. She requested updates on the status of the FEMA trailers, managed encampments, cooling centers and a rental inspection ordinance as well as a moratorium on rent increases and evictions. She congratulated the City of Clayton on their first Pride parade. She also requested a presentation from the organizations receiving c annabis social equity funds. She reported she along with Interim City Manager Johnson and Assistant City Manager Bayon Moore had been working with the railroads to address complaints along “A” Street.
Councilmember Wilson requested staff agendize consideration of a moratorium on new gas stations.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
June 28, 2022 Page 13 of 13
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adjourned the meeting at 8:45 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
B
08-23-22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of August 23, 2022
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of July 26, 2022
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of July 26, 2022, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
C
08-23-22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of August 23, 2022
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of August 9, 2022
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of August 9, 2022, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
F
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 23, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: REJECTION OF CLAIM: EDWARD BURKHALTER
RECOMMENDED ACTION
It is recommended that the City Council reject the claim submitted by Edward Burkhalter.
Should the City Council desire to discuss this matter, it would be scheduled for a future closed session.
ATTACHMENTS
None.
Antioch City Council Report
August 23, 2022 Agenda Item #G
permits from the current RV Registration System will be carried over into the new system and will not count towards the 200 annual cap. Staff will also develop a convenient online and in person system for residents to apply for RV Permits and will use Code Enforcement contacts to educate impacted residents. No fee is proposed for this process, though the ordinance enables the City Council to establish a fee by resolution in the future if desired.
Three-Foot Front Setback
The City Council included an amendment to the ordinance to require a three-foot setback from the sidewalk to address visibility concerns when an oversized parked vehicle obstructs the view of a neighboring vehicle backing out of a driveway. Staff has modified Section 9-5.3830(A)(1) to read as follows:
(A) All Locations: The parking of a motor vehicle on any parcel used for residential purposes is subject to the following standards:
(1) The motor vehicle, if taller than 8 feet, shall not be parked closer than 3 feet from an adjoining parcel or sidewalk. Trailer hitches, bumpers, or other vehicle components less than 3 feet in height may be allowed within this setback area.
Residency and Registration
The City Council included an amendment to require that a stored motor vehicle be registered to a resident of the subject property. Staff has added Section 9-5.3830(B)(10), which reads as follows:
(10) Any motor vehicle stored in the front yard shall be registered to a resident of the subject residence. The resident shall provide evidence of residency and/or registration upon request of City staff.
This requirement would apply to all motor vehicles, including cars, trucks and recreational vehicles. Vehicles stored in the side or rear yards would not be subject to this requirement.
ENVIRONMENTAL REVIEW
The parking of motor vehicles or recreational vehicles on existing, developed property does not have the potential to create an environmental impact. As such, the proposed Zoning Code amendments are exempt from CEQA pursuant to Section 15061 (b) (3). (3) “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
ATTACHMENTS
A. Ordinance
ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AMENDING THE ANTIOCH MUNICIPAL CODE REGARDING THE PARKING OF
MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON RESIDENTIAL
PROPERTY
The City Council of the City of Antioch ordains as follows:
SECTION 1:
The Antioch Municipal Code regulates the parking of motor vehicles, including recreational vehicles, on residentially used property through in Title 5, Chapter 1, Property Maintenance, and in Title 9, Chapter 5, Zoning.
SECTION 2:
The City Council finds that current regulations do not adequately and equitably regulate the parking of motor vehicles, including recreational vehicles, as they rely on a registration process that is not available to new residents and offer differing standards for automobiles and recreational vehicles.
SECTION 3:
The City Council finds that it is in the public interest to expand opportunities for parking motor vehicles, including recreational vehicles, on residentially used property subject to clear and fair standards and regulations.
SECTION 4:
Section 5-1.201.1, “When Storage of a Recreational Vehicle is a Public Nuisance.” , is hereby repealed.
Section 5-1.202(D), Parking and Storage of Vehicles and Equipment, is hereby amended to read as follows:
(D) Parking and storage of vehicles and e
quipment.
(1) Any outdoor parking or storage of any inoperable, wrecked, dismantled, salvaged, abandoned vehicle, or parts thereof, including watercraft so that it is within the view from the public right-of-way:
(a) Any vehicle that is not currently registered with the California Department of Motor Vehicles to operate legally on a public street is deemed inoperable for purposes of this section.
(b) Lawfully operating junk yards are exempt from § 5 -1.201(A) provided such businesses are located within a zone permitting such business and conducted in accordance with all regulations applicable thereto. (2) Parking or storage of motor vehicles or other mobile equipment in any area not designated as a parking space on the approved site plan or on any A1
2 unpaved surface including, but not limited to, dirt, grass or any other surface that is not concrete or a similar paving material.
(13) Parking or storage of construction equipment or machinery or other industrial or commercial equipment or machinery in any area zoned for residential uses so that it is within the view from the public right -of-way, except while excavation, construction or demolition operations covered by an active building or demolition permit are in progress on the property.
S
ection 9-5.3830, Recreational Vehicles, is hereby repealed and replaced with the following:
9-5.3830 PARKING AND STORAGE OF MOTOR VEHICLES ON RESIDENTIAL PARCELS.
It shall be unlawful for any person to keep or maintain or to permit to be placed, kept, or maintained any motor vehicle on any lot, piece, or parcel of land used for residential purposes, except as follows:
(A) All Locations: The parking of a motor vehicle on any parcel used for residential purposes is subject to the following standards:
(1) R
ecreational vehicles shall not be parked within 3 feet of an adjoining parcel or sidewalk. Elements of the recreational vehicle that are less than 3 feet in height, such as a trailer tongue, may encroach into this 3-foot setback area. (2) A motor vehicle, including recreational vehicles, shall not be inhabited for any duration, as prohibited by Section 9-5.3830.
(3) The motor vehicle shall not be parked within 3 feet of a bedroom window or other required emergency egress window, or within 3 feet of an electrical panel or gas meter.
(4) Except for recreational vehicles, only vehicles with payload classifications of Class 1, Class 2, and/or Class 3, as defined by the U.S. Department of Transportation, may be parked on any parcel used for residential purposes. (5) Storm water drainage from paved surfaces shall be contained wholly on the subject site and shall not be conveyed to a neighboring property. (6) The parking of vehicles or associated improvements are subject to the provisions of any underlying easement. Any improvements within or impacting the public right -of-way are subject to the prior issuance of an Encroachment Permit.
(B) Front Yard: When parked in the front yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle may be parked on the driveway to the existing garage or on an attached extension.
(2) The motor vehicle may be parked on an attached extension of the existing driveway apron, subject to the following standards:
(a) The extension shall be paved with concrete or other material similar to the existing paved driveway.
A2
3 (b) The extension shall only be located within the area between the existing driveway and the nearest interior property line.
(c) The extension may extend inward to the center of the front yard no more than three feet.
(d) A maximum of 50% of the front yard may be paved for parking purposes. (3) The motor vehicle, including recreational vehicles and motor vehicles stored on trailers, shall be operational and registered with the Department of Motor Vehicles as required by Section 5-1.202(D). Non-operational registration is permitted, though the vehicle must remain functionally operational. (a) Vehicle under repair may be permitted as regulated by Section 9-5.902. (4) Utility trailers may not be stored containing garbage, debris or other waste. (5) The motor vehicle shall not be parked in such a manner as to overhang a public or private sidewalk.
(6) The motor vehicle, including any associated cover, shall be maintained in good repair with all exterior finishes in operable, watertight condition. (7) A maximum of one recreational vehicle may be stored in a single front yard. (8) The motor vehicle shall not be parked in such a manner as to present a site obstruction as described by Section 9-5.1101.
(9) A
Residential Recreational Vehicle Storage Permit (RV Permit) is required for the storage or parking of a Recreational Vehicle in the front yard. (a) Applications for an RV Permit shall be made available by the Community Development Department.
(b) An applicant shall demonstrate compliance with the standards contained herein to receive a RV Permit.
(c) An RV Permit shall be assigned to a property and shall convey to future property owners or tenants.
(d) RV Permits are subject to revocation by the Zoning Administrator for noncompliance.
(e) The City Council may establish by resolution a maximum total or maximum annual total of RV Permits that will be issued. (f) The City Council may establish by resolution a fee for the administration of the RV Permit process.
(10) Any motor vehicle stored in the front yard shall be owned by and registered to an inhabitant of the residence where the motor vehicle is parked. The resident shall provide evidence of residency and/or registration upon request of City staff.
(C) Rear Yard: When parked in the rear yard, the motor vehicle shall be subject to the following standards:
(1) The motor vehicle shall be stored behind a solid fence or gate at least 6 feet tall.
(2) The motor vehicle shall be parked on a surface paved with brick, concrete, asphalt, or similar material, or on pervious gravel.
A3
4 Section 9-5.203, Definitions, is hereby amended to include the following definitions:
RECREATIONAL VEHICLE . A personal vehicle, including but not limited to, a camping trailer, motorhome, tent trailer, fifth- wheel trailer, unmounted camper shell, boat, personal watercraft, utility trailer, or other mobile recreational equipment or watercraft, or any empty trailer intended for or capable of carrying any of the above.
MOTOR VEHICLE. Any automobile, truck, trailer, Recreational Vehicle, or other vehicle or equipment that is required to be registered with the California Department of Motor Vehicles.
SECTION 5
: Severability:
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
SECTION 6. C
EQA.
(3) “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
SECTION 7
:
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch.
* * * * * * *
A4
5 I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Antioch, held on the ____ of _____ 2022, and passed and adopted at a regular meeting thereof, held on the ____ day of _____ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lamar Thorpe, Mayor of the City of Antioch
ATTEST:
Elizabeth Householder
City Clerk of the City of Antioch
A5
____J____
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 23, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Alan Barton, Information Systems Director APPROVED BY: Rosanna Bayon Moore, Assistant City Manager
SUBJECT: CrowdStrike Cyber Security Services 5-Year Contract
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a 5-year contract for CrowdStrike cyber security services via ePlus Technology, Inc. in the amount not to exceed $340,000.
FISCAL IMPACT
The 2022-23 Information Systems Maintenance Contracts budget includes funds for this project.
DISCUSSION
Due to the ongoing and ever-expanding risk of cyber-attacks on government facilities, staff seeks to add CrowdStrike’s cyber security services to the City’s Information Systems environment.
ePlus and CrowdStrike combine to provide better protection across the entire threat lifecycle by combining machine learning, artificial intelligence, behavioral analytics and proactive threat hunting in a single solution . Powered by Threat Graph, the proposed approach is the security industry's largest cloud analytics platform. ePlus and CrowdStrike seamlessly integrate cybersecurity operations and risk management to help aid enterprises improve business resiliency.
CrowdStrike provides additional cyber securit y resources to help protect the City’s Information Systems infrastructure , including next generation end point anti -virus protection which is not currently provided . CrowdStrike will replace the City’s existing cyber security vendor relationship and comes highly recommended by multiple neighboring agencies.
Antioch City Council Report
August 23, 2022 Agenda Item # 3J 2
Pricing is per SLP (Software Licensing Program) Plus contract 9 -21-70-0002C. The Software Licensing Program (SLP) is administered by the California Department of General Services, Procurement Division. Extensive software discounts are negotiated with major software publishers that are then passed on to the State, through the SLP contracts established with authorized participating re-sellers.
ATTACHMENTS
A. Resolution
B. ePlus Technology, Inc. CrowdStrike quote
ATTACHMENT A
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO A
FIVE-YEAR CONTRACT FOR CROWDSTRIKE CYBER SECURITY SERVICES VIA EPLUS TECHNOLOGY, INC. IN AN AMOUNT NOT TO EXCEED $340,000
WHEREAS, the City's Information Systems Department annually assesses hardware and software in conjunction with the operational needs of each division; and WHEREAS, the City's Information Systems Department maintains the City's technology through timely replacement of hardware and software that are beyond their useful life, which is critical in managing costs and liability associated with agi ng technology.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager or designee to execute a five (5) year contract for CrowdStrike cyber security services via ePlus Technology, Inc. in an amount not to exceed $ 340,000 in a form approved by the City Attorney.
* * * * * * *
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 23rd day of August 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Customer Name: City of Antioch
Quote No: 22822816
Quote Name: City of Antioch
Quotation Date: 06/20/2022
Sales Support Contact:
Sales Support Phone:
Sales Support Email:
Account Executive:
Account Executive Phone:
Account Executive Email:
Customer PO No:
Order No:
Expiration Date: 08/20/2022
External
Notes: SLP 9-21-70-0002C
Line No. Part Number MFG Description/Line Notes QTY Unit Price Ext. Price 001 CS.FCSD.SOLN.T1.60M CROWDSTRIKE FALCON COMPLETE WITHTHREAT GRAPH STANDARD 375 79.24 29,715.00 002 CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 375 0.00 0.00 003 CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 375 0.00 0.00 004 CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 375 0.00 0.00 005 CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 375 0.00 0.00 006 CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 375 0.00 0.00 007 CS.TGB.STD.60M CROWDSTRIKE THREAT GRAPH STANDARD 375 0.00 0.00 008 CS.FALCOMPONBC.SOLN.60M CROWDSTRIKE FALCON COMPLETE:COMPLIMENTARY CID 1 0.00 0.00 009 CS.FCSD.HPS.SOLN.60M CROWDSTRIKE FALCON COMPLETE WITHSERVER THREAT
GRAPHSTANDARD
25 85.06 2,126.50
010 CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 25 0.00 0.00 011 CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 25 0.00 0.00 012 CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 25 0.00 0.00 013 CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 25 0.00 0.00 014 CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 25 0.00 0.00 015 CS.TGB.STD.HPS.60M CROWDSTRIKE SERVER THREAT GRAPHSTANDARD 25 0.00 0.00 016 CS.ITPC.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEBUNDLE 1000 27.94 27,940.00 017 CS.ITP.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION (ACCOUNTS) 1000 0.00 0.00 018 CS.ITPCU.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEUPGRADE (ACCOUNTS)
1000 0.00 0.00
019 RR.HOS.ENT.EXPS.60M CROWDSTRIKE EXPRESS SUPPORT 1 6,460.83 6,460.83 020 RR.PSO.ENT.NCAP.60M CROWDSTRIKE UNIVERSITY LMSSUBSCRIPTION NEWCUSTOMER ACCESS PASS
6 0.00 0.00
021 CS.FCSD.SOLN.T1.60M CROWDSTRIKE FALCON COMPLETE WITHTHREAT GRAPH STANDARD 375 79.24 29,715.00 022 CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 375 0.00 0.00 023 CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 375 0.00 0.00 Year 1
Sub-Total (USD) 66,242.33
Year 2
DRAFT
024
CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 375 0.00 0.00 025CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 375 0.00 0.00 026CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 375 0.00 0.00 027CS.TGB.STD.60M CROWDSTRIKE THREAT GRAPH STANDARD 375 0.00 0.00 028CS.FALCOMPONBC.SOLN.60M CROWDSTRIKE FALCON COMPLETE:COMPLIMENTARY CID 1 0.00 0.00 029CS.FCSD.HPS.SOLN.60M CROWDSTRIKE FALCON COMPLETE WITHSERVER THREAT GRAPHSTANDARD25 85.06 2,126.50 030CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 25 0.00 0.00 031CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 25 0.00 0.00 032CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 25 0.00 0.00 033CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 25 0.00 0.00 034CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 25 0.00 0.00 035CS.TGB.STD.HPS.60M CROWDSTRIKE SERVER THREAT GRAPHSTANDARD 25 0.00 0.00 036CS.ITPC.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEBUNDLE 1000 27.94 27,940.00 037CS.ITP.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION (ACCOUNTS) 1000 0.00 0.00 038CS.ITPCU.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEUPGRADE (ACCOUNTS)1000 0.00 0.00 039RR.HOS.ENT.EXPS.60M CROWDSTRIKE EXPRESS SUPPORT 1 6,460.83 6,460.83 040RR.PSO.ENT.NCAP.60M CROWDSTRIKE UNIVERSITY LMSSUBSCRIPTION NEWCUSTOMER ACCESS PASS6 0.00 0.00 041CS.FCSD.SOLN.T1.60M CROWDSTRIKE FALCON COMPLETE WITHTHREAT GRAPH STANDARD 375 79.24 29,715.00 042CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 375 0.00 0.00 043CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 375 0.00 0.00 044CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 375 0.00 0.00 045CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 375 0.00 0.00 046CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 375 0.00 0.00 047CS.TGB.STD.60M CROWDSTRIKE THREAT GRAPH STANDARD 375 0.00 0.00 048CS.FALCOMPONBC.SOLN.60M CROWDSTRIKE FALCON COMPLETE:COMPLIMENTARY CID 1 0.00 0.00 049CS.FCSD.HPS.SOLN.60M CROWDSTRIKE FALCON COMPLETE WITHSERVER THREAT GRAPHSTANDARD25 85.06 2,126.50 050CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 25 0.00 0.00 051CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 25 0.00 0.00 052CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 25 0.00 0.00 053CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 25 0.00 0.00 054CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 25 0.00 0.00 055CS.TGB.STD.HPS.60M CROWDSTRIKE SERVER THREAT GRAPHSTANDARD 25 0.00 0.00 056CS.ITPC.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEBUNDLE 1000 27.94 27,940.00 057CS.ITP.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION (ACCOUNTS) 1000 0.00 0.00 058CS.ITPCU.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEUPGRADE (ACCOUNTS)1000 0.00 0.00 059RR.HOS.ENT.EXPS.60M CROWDSTRIKE EXPRESS SUPPORT 1 6,460.83 6,460.83 060RR.PSO.ENT.NCAP.60M CROWDSTRIKE UNIVERSITY LMSSUBSCRIPTION NEWCUSTOMER ACCESS PASS6 0.00 0.00 Sub-Total (USD)66,242.33 Year 3 DRAFTPage 2 of 4 061
CS.FCSD.SOLN.T1.60M CROWDSTRIKE FALCON COMPLETE WITHTHREAT GRAPH STANDARD 375 79.24 29,715.00 062CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 375 0.00 0.00 063CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 375 0.00 0.00 064CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 375 0.00 0.00 065CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 375 0.00 0.00 066CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 375 0.00 0.00 067CS.TGB.STD.60M CROWDSTRIKE THREAT GRAPH STANDARD 375 0.00 0.00 068CS.FALCOMPONBC.SOLN.60M CROWDSTRIKE FALCON COMPLETE:COMPLIMENTARY CID 1 0.00 0.00 069CS.FCSD.HPS.SOLN.60M CROWDSTRIKE FALCON COMPLETE WITHSERVER THREAT GRAPHSTANDARD25 85.06 2,126.50 070CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 25 0.00 0.00 071CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 25 0.00 0.00 072CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 25 0.00 0.00 073CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 25 0.00 0.00 074CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 25 0.00 0.00 075CS.TGB.STD.HPS.60M CROWDSTRIKE SERVER THREAT GRAPHSTANDARD 25 0.00 0.00 076CS.ITPC.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEBUNDLE 1000 27.94 27,940.00 077CS.ITP.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION (ACCOUNTS) 1000 0.00 0.00 078CS.ITPCU.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEUPGRADE (ACCOUNTS)1000 0.00 0.00 079RR.HOS.ENT.EXPS.60M CROWDSTRIKE EXPRESS SUPPORT 1 6,460.83 6,460.83 080RR.PSO.ENT.NCAP.60M CROWDSTRIKE UNIVERSITY LMSSUBSCRIPTION NEWCUSTOMER ACCESS PASS6 0.00 0.00 081CS.FCSD.SOLN.T1.60M CROWDSTRIKE FALCON COMPLETE WITHTHREAT GRAPH STANDARD 375 79.24 29,715.00 082CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 375 0.00 0.00 083CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 375 0.00 0.00 084CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 375 0.00 0.00 085CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 375 0.00 0.00 086CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 375 0.00 0.00 087CS.TGB.STD.60M CROWDSTRIKE THREAT GRAPH STANDARD 375 0.00 0.00 088CS.FALCOMPONBC.SOLN.60M CROWDSTRIKE FALCON COMPLETE:COMPLIMENTARY CID 1 0.00 0.00 089CS.FCSD.HPS.SOLN.60M CROWDSTRIKE FALCON COMPLETE WITHSERVER THREAT GRAPHSTANDARD25 85.06 2,126.50 090CS.INSIGHTB.SOLN.T3.60M CROWDSTRIKE INSIGHT 25 0.00 0.00 091CS.PREVENTB.SOLN.T3.60M CROWDSTRIKE PREVENT 25 0.00 0.00 092CS.DISCB.SOLN.T3.60M CROWDSTRIKE DISCOVER 25 0.00 0.00 093CS.FALCOMPS.SVC.60M CROWDSTRIKE FALCON COMPLETESUBSCRIPTION 25 0.00 0.00 094CS.OWB.SVC.T3.60M CROWDSTRIKE OVERWATCH 25 0.00 0.00 095CS.TGB.STD.HPS.60M CROWDSTRIKE SERVER THREAT GRAPHSTANDARD 25 0.00 0.00 Sub-Total (USD) 66,242.33 Year 4 Sub-Total (USD) 66,242.33 Year 5 DRAFT
Totals331,211.65 Sub Total (USD):331,211.65 Est. Tax (USD):TBD if Applicable Freight (USD):0.00 Total (USD):331,211.65 All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions forProducts and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance ofany preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Anyperiodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelablefor any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As aresult, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable andproducts non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, oris zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disruptedoperations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstandingany failure of customer personnel to sign for receipt due to facility closing or otherwise. Customer Acceptance Bill To Ship To Signature: ____________________________________ Name: _______________________________________ Title: _________________________________________ Date: ________________________________________ Customer PO #: _______________________________City of Antioch City of Antioch ©2022 ePlus inc. All rights reserved. *NGDC P2 3.7.3.5 096 CS.ITPC.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEBUNDLE 1000 27.94 27,940.00 097CS.ITP.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION (ACCOUNTS) 1000 0.00 0.00 098CS.ITPCU.SOLN.60M CROWDSTRIKE IDENTITY THREATPROTECTION COMPLETEUPGRADE (ACCOUNTS)1000 0.00 0.00 099RR.HOS.ENT.EXPS.60M CROWDSTRIKE EXPRESS SUPPORT 1 6,460.83 6,460.83 100RR.PSO.ENT.NCAP.60M CROWDSTRIKE UNIVERSITY LMSSUBSCRIPTION NEWCUSTOMER ACCESS PASS6 0.00 0.00 Sub-Total (USD)66,242.33 DRAFT
K
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 23, 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
Even though cases of COVID-19 have dropped, AB 361 is expressly intended “to protect the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location” because of physical status.
The City of Antioch has utilized teleconference technology for some time, and since the State of Emergency is still in effect and state officials are still recommending measures to promote social distancing, especially for immunocompromised and sensitive groups (as described in the attached Resolution), the City’s legislative bodies, which include the City Council, boards, 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 virtual meetings via teleconference for the City Council, boards, 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:
Antioch City Council Report
August 23, 2022 Agenda Item #K 2
• The City is not required to provide a physical location for the public to attend or provide comments.
• 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 time 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 s tate 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 t o promote social distancing, or the legislative body determines by majority vote that 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, and the “SMARTER” plan that the Governor unveiled specifically indicates that the State of Emergency will not be terminated;
WHEREAS, in addition to the above, state offici als have issued orders recommending social distancing measures for certain individuals and in certain situations.
For example, and not by way of limitation, social distancing is referenced in guidance on vaccine doses for persons who are immunocompromised and in certain situations under general industry safety orders;
WHEREAS, the state legislature has also made findings that by removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, AB 361 protects the health and safety of civil servants and
ATTACHMENT A
the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location;
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 the 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 a State of Emergency declared by the Governor of the State of California is currently in effect, and that state or local officials are recomm ending 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 23 rd day of August, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT A
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
4 Agenda Item #
ST
AFF REPORT TO THE CITY COUNCIL
DATE
:
TO:
Regular Meeting of August 23, 2022
Honorable Mayor and Members of the City Council
SUBM
ITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJ
ECT: Rent Stabilization Ordinance Introduction
RECOMMENDED ACTION:
It is recommended that the City Council:
1. Set a limit on rental rate increases as the greater of ____ percent (___%) or ____ percent (___%) of the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-Hayward Area published by the Bureau of Labor Statistics
2. Introduce, waive the first reading, and introduce by title only the Rent Stabilization O
rdinance (Attachment A).
FISCAL IMPACT
The rent stabilization ordinance will require staffing or contract services for a hearing officer to render decisions related to tenant Rent Reduction Petitions and landlord Fair Return Petitions. The ordinance will also require the dedication of staff time to engage in public education and enforcement activities regarding rent stabilization. Staff will prepare a budget request for a subsequent City Council meeting.
DISCUSSION
The City Council held a Study Session on rent stabilization at a Special Meeting on July 26, 2022 and directed staff to prepare a Rent Stabilization Ordinance (“RSO”). Staff reviewed rent stabilization ordinances from other California general law cities, and applicable State law. The proposed Rent Stabilization Ordinance (Attachment A) is based on the City’s power to protect public health, safety, and welfare within the City.
Although the City of Antioch’s housing prices are lower than man y neighboring cities, rent in the City continues to rise. Many local residents, i n particular low-income households, struggle with paying for rising housing costs and meeting other basic needs such as food, transportation and health care. The effect of high rents coupled with low incomes, critical shortages of affordable rental housing, and rapidly rising costs for other basic necessities leaves residents vulnerable to economic hardship, housing insecurity and displacement, threatening the public health, safety and welfare of a substantial number of City residents.
Antioch City Council Report
August 23, 2022 Agenda Item #4 2
The Rent Stabilization Ordinance is intended to provide stability with respect to rent increases and housing by establishing additional tenant protections exceeding those set forth in State law. Many of the findings in the recitals of the Rent Stabilization Ordinance, which are found on the first three pages of the ordinance, are drawn from the City’s draft Housing Element and support the need for rent stabilization in the City as a means to address threats to public health, safety and welfare caused by cost burden, displacement, and eviction. In particular, the findings highlight the disproportionate risk and impacts borne by households headed by women, large famil y households, households in areas identified as “Low Resource” or “High Segregation and Poverty,” and senior households.
What is the Difference Between Rent Control vs Rent Stabilization? Although the terms “rent control” and “rent stabilization” are often used interchangeably, they are technically distinct. Both regulate the amount of rent that may be increased during a tenancy, but only “rent control” regulates the amount of rent charged when the tenancy begins. Under “rent stabilization,” annual increases of a tenant’s rent are limited.
However, when a tenant moves out, the initial amount of rent for the next tenant is not restricted.
Cities in California can no longer adopt “full” rent control, which would regulate the amount of initial rent, due to the Costa- Hawkins Rental Housing Act (“Costa -Hawkins” or Civil Code § 1954.50 et seq.). Costa -Hawkins is a state law that, except in very limited circumstances, prohibits local restrictions on the amount of rent a landlord can charge at the beginning of a tenancy. Rent control ordinances that existed in 1995 when Costa- Hawkins was adopted were grandfathered, and the result is that there are a handful of cities with full rent control on certain types and ages of units within those cities.
Costa-Hawkins effectively prohibits new local “rent control,” so cities adopting local regulations after 1995 focus instead on “rent stabilization.” This type of regulation protects tenants during their tenancy by limiting how much the rent may be increased each year.
The Tenant Protection Act of 2019 ( Civil Code § 1946.2 et seq.) enacted statewide rent stabilization. Beginning January 1, 2020, where applicable, rent may be annually increased no more t han 5% plus the regional consumer price index (CPI) or 10%, whichever is less.
What Are Some Provisions Incorporated Within the Proposed City Rent Stabilization Ordinance?
1. What Types of L
imits Does the Ordinance Propose on Rent Increases?
Under the proposed ordinance, one increase is allowed per 12-month period. The City Council can set a ceiling on rental rate increases by using a percentage, a set percentage or a combination of a set percentage and a percent of CPI. The model in the Rent Stabilization Ordinance proposes that increases in Rent on residential real property in the City may not exceed the greater of ____ percent (___%) or ____ percent (___%) Antioch City Council Report
August 23, 2022 Agenda Item #4 3
of the most recent 12- month increase in the Consumer Price Index for All Urban Consumers in the San Francisco- Oakland-Hayward Area published by the Bureau of Labor Statistics.
To assist the City Council in its discussion and deliberation, a table of maximum annual limits on rent increases in California general law cities is below.
General Law City Annual Rent Increase Limit Notes
Baldwin Park CPI up to 5% Increased from 3% in 2021
Beverly Hills Greater of 3% or CPI
Commerce 5% plus CPI up to 10% Same as AB 1482 (2019)
East Palo Alto 80% of CPI up to 10% Annual cap calculated by City once a year
Gardena 5% Increases above limit
subject to binding arbitration
Inglewood Greater of 3% or CPI up to 10%
Greater of 5% or CPI up to 10%
Five or more units
Four or fewer unites
Los Gatos 70% of CPI up to 5% Up to 10% if no increase in two years
Oxnard 4% Adopted in May 2022
West Hollywood 75% of CPI up to 7% Annual cap calculated by City once a year
2. Which Rental Units Would Be Subject to the Proposed City Rent Stabilization Ordinance?
The Costa-Hawkins Rental Housing Act (“Costa- Hawkins”) is a state law that, except in very limited circumstances, prohibits local restrictions on the amount of rent a landlord can charge at the beginning of a tenancy. For this reason, the City Council is pursuing a Rent Stabilization Ordinance, which regulates rent increases during a tenancy. Costa- Hawkins also significantly restricts which units may be subject to local rent stabilization.
There are two categories of units for which rent increases during a tenancy cannot be regulated by the City Council. The first, with narrow exceptions, is single family homes that do not have an accessory unit, condominiums, and cooperatives. The second category is units first receiving a certificate of occupancy after February 1, 1995.
The Rent Stabilization Ordinance complies with Costa -Hawkins by exempting units protected by the statute and regulating residential rental units constructed on or before February 1, 1995 that share a property with at least one other unit that cannot be sold separately. Units first receiving a certificate of occupancy after this date but at least 15 years prior to the current date on a rolling basis would remain protected by the California Antioch City Council Report
August 23, 2022 Agenda Item #4 4
Tenant Protections Act, which limits annual rent increases to 5% plus the regional consumer price index (CPI) or 10%, whichever is less, where a tenant has resided in a rental unit for at least 12 months. The Rent Stabilization Ordinance does not have a minimum residency requirement for its rent-increase protections.
At the July 26, 2022 Study Session, the City Council provided direction to staff to exclude owner-occupied duplexes and Low -Income Tax Credit Program -funded developments from the exemptions to the Rent Stabilization Ordinance. This direction was implemented by using the narrower exemption of “A unit owned, operated, or managed by a governmental unit, agency, or authority, or that is specifically exempted from municipal Rent regulation by state or federal law or regulation” instead of a broader exemption used by some cities that includes all “affordable housing” subject to deed- restriction or agreement with a government agency, which would include Low -Income Tax Credit Program-funded developm ents. The Rent Stabilization Ordinance exemptions do not include any duplex.
3. How will the Rent Stabilization Ordinance be Implemented and Enforced? Enforcement Mechanisms
The City
Council provided direction on enforcement of the Rent
Stabilization Ordinance, including a process for tenants to report or contest unlawful rent increases. The Draft Rent Stabilization Ordinance directs the City Manager to designate an
office or department to provide information and receive tenant complaints pertaining to violation of the Rent Stabilization Ordinance and the City Attorney to designate a hearing officer.
Tenant R
ent Reduction Petition
The proposed Rent Stabilization Ordinance also offers a procedure for accommodating certain tenant
requests for rent reductions and landlord requests for
increases in rent above the established limit if needed to comply with the constitutional right of “fair return.” The Rent Stabilization Ordinance uses a petition process that is reviewed and determined by a Hearing Officer.
A tenant may petition for a reduction of rent (“Rent Reduction Petition”) if the tenant believes that the Landlord has charged the tenant a higher rent than is permitted by the Rent Stabilization Ordinance. The Landlord shall be informed of the tenant’s complaint and shall have the opportunity to respond to the tenant’s claim of rent overcharge. The Rent Reduction Petition shall be on an application form prescribed by the City Manager or designee and shall be decided by a Hearing Officer designated by the City Attorney.
The tenant
shall provide a copy of any Rent Reduction Petition submitted to the City to the applicable landlord
and shall provide the City with proof of completing such service to the landlord. The landlord shall have thirty (30) days from the date of receiving the Rent Reduction Petition to reply or provide additional materials to the City in response to the Rent Reduction Petition.
Antioch City Council Report
August 23, 2022 Agenda Item #4 5
The tenant shall bear the burden of establishing that a rent reduction is necessary to comply with the City’s Rent Stabilization Ordinance by providing information including the type of dwelling, dates of tenancy, dates of rent increases, amount of rent increases, dates of charges, and amounts of charges.
The factors the Hearing Officer may consider in deciding a Rent Reduction Petition shall be matters related to the amount of rent that the l andlord could lawfully charge and the amount of rent that the l andlord has actually demanded, accepted, or retained from the tenant.
A Rent Reduction Petition shall be decided by the Hearing Officer within sixty (60) calendar days of the date that the application has been deemed complete, including submission of proof of service of the Rent Reduction Petition on the applicable Landlord(s), provided that an extension of this time may be agreed upon by the parties.
The decision shall be sent by mail and shall be emailed with proof of mailing to the applicable tenant(s), the designated representative of the tenant(s), the subject Landlord, and the Landlord’s designated representative(s) for the Rent Reduction Petition, if any.
The decision of the Hearing Officer shall be final and not appealable.
Landlord Fair Return Petition
A Landlord may petition for a Rent increase in excess of that provided in the Rent Stabilization Ordinance (§ 11-1.03) in order to obtain a fair and reasonable return on the Landlord’s property (“Fair Return Petition”).
The Fair Return Petition will be provided on an application form prescribed by the City Manager or designee and shall be decided by a Hearing Officer subject to § 1- 6.01 (Antioch Municipal Code) designated by the City Attorney.
The Landlord will be required to provide a copy of any Fair Return Petition submitted to the City to the applicable tenant(s) and must provide the City with proof of completing such service to the applicable tenant(s). The tenant(s) will have thirty (30) days from the date of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition.
The landlord will bear the burden of establishing that a rate increase in excess of that permitted by the Rent Stabilization Ordinance ( § 11-1.03) is necessary to provide the landlord with a fair and reasonable return on the property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, they will not realize a fair and reasonable return on their property.
The landlord will be responsible for all costs associated with the City’s review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the Hearing Officer shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the landlord ’s request. If the Hearing Officer so determines, the Hearing Officer shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the landlord , and the Fair Antioch City Council Report
August 23, 2022 Agenda Item #4 6
Return Petition shall not be processed until the landlord has paid to the City the estimated cost of the complete analysis. City will provide the landlord with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the landlord. If additional funds are required, payment will be required before the landlord receives the determination on the Fair Return Petition from the City.
A Fair Return Petition shall be decided by the Hearing Officer within ninety (90) calendar days of the date that the application has been deemed complete, including submission of proof of service of the Fair Return Petition on the applicable tenant(s), unless the Landlord has failed to pay all applicable fees or an extension of this time is agreed upon by the parties. The decision shall be sent by mail and shall be emailed with proof of mailing to the subject landlord, the landlord’s designated representative(s) for the Fair Return Petition, the applicable tenant(s), and the designated representative of the tenant(s), if any. The decision of the Hearing Officer shall be final and not appealable.
Additional Enforcement Remedies
The Rent Stabilization Ordinance also allows tenants to bring an action to recover damages, which could include actual damages (the cost of the harm suffered) or two types of statutory damages: three times the difference between the amount of rent actually charged and the amount authorized to be charged or $1,000, whichever is greater. Persons or entities that may “fairly and adequately represent a protected class” may also bring a civil action for injunction under the Rent Stabilization Ordinance.
The Rent Stabilization Ordinance also includes a variety of enforcement remedies ranging from criminal prosecution—a declaration that is necessary for the City to utilize its authority to issue administrative citations —to a civil action for injunction by the City for injunctions to stop and prevent violations or for monetary damages.
Rent Program Fee and Registration Requirement
The Rent Stabilization Ordinance establishes a regulatory fee charged to landlords to fund the Rent Stabilization Ordinance program for the sole purpose of reimbursing the City for the co sts of administering this Rent Stabilization Ordinance. The fee will be imposed on each rental unit and paid by landlords. Landlords subject to this Rent Stabilization Ordinance will be required to register all units subject to the Rent Stabilization Ordinance with the City and pay the Rent Program Fee at such time and in such manner as established by City Council resolution.
What is the Process for Adopting Rent Stabilization?
Rent stabilization would be adopted by ordinance. An ordinance requires two readings and must be adopted at a regular meeting or a regular adjourned meeting not earlier than five days following introduction (Government Code § 36931 et seq.). Following adoption, the entire ordinance must be published in a newspaper of general circulation. Generally effective on the 30
days following adoption. An ordinance must not conflict with the Antioch City Council Report
August 23, 2022 Agenda Item #4 7
Constitutions (U.S. and California) and laws of California or United States (Government Code § 37100). Following adoption, the entire ordinance must be published in a newspaper of general circulation.
AT
TACHMENTS
A. Rent
Stabilization Ordinance
B. AB 1482: The Tenant Protection Act of 2019
C. The Costa-Hawkins Rental Housing Act (1995)
D. The Ellis Act (1985)
ATTACHMENT A
1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADDING TITLE 11, CHAPTER 1 TO THE ANTIOCH MUNICIPAL CODE
ESTABLISHING RENT STABILIZATION REGULATIONS
INCLUDING PROHIBITING RESIDENTIAL REAL PROPERTY RENTAL RATE INCREASES THAT EXCEEDS _______ PERCENT (___%) OR PERCENT (___%) OF
THE CONSUMER PRICE INDEX ANNUALLY
WHEREAS, the City Council of the City of Antioch (“City”) hereby finds, determines, and declares as follows:
A. The increased cost burdens of rent and increased risk of displacement and overcrowding faced by many residents in the City threaten public health, safety, and welfare. Many City residents are struggling to pay for rent, food, clothing, and medical care for themselves and their families. The specter of eviction and increased homelessness for inability to pay rent looms as a further threat to public health, safety, and welfare in the City.
B. The Area Median Income (“AMI”) for a household of four in the Oakland-Fremont Metro Area is $125,600.
1 Households that earn less than 30% AMI are considered “extremely low-income,” and 18.5% or 6,233 households in the City meet this criteria. Most are renters. Conversely, the 41.5% of households in the City that earn more than 100% AMI also constitute the largest proportion of homeowners. The City is home to 49,236 employed residents, two-thirds of whom earn less than $50,000 per year.
C. Household income disparity is even more prevalent for City seniors, 41.2% of which are people of color, who often live on fixed incomes and are more likely to have disabilities, chronic health conditions, and/or reduced mobility. Approximately 44% of seniors making less than 30 percent of AMI are spending the majority of their income on housing, while 91% of seniors making more than 100% of AMI spend less than 30% of their income on housing and thus are not considered cost burdened. The largest proportion of senior households who rent are extremely low-income.
D. Large family households, defined by the U.S. Census Bureau as households containing five or more persons, are also cost burdened at a higher rate due to the higher costs required for homes with multiple bedrooms and which can increase the risk of housing insecurity.
Approximately 40% of large family households in the City are cost burdened, almost half of which is “severely cost burdened,” meaning the households pay more than half of their income on housing. Citywide, 21.3% of all households spend more than 50% of their income on housing.
1 Data sources and additional information can be found in Chapter 2, Housing Needs Assessment, of the Draft Antioch Housing Element 2023-2031. Implementing Program 5.1.9 in Chapter 7 of the draft Housing Element, entitled “Tenant Protections” and pertaining to Goal 5, Fair Housing, further provides that the City will “[p]ursue the development of citywide tenant protection policies for consideration by the City Council” to address, among other things, rent stabilization.
ATTACHMENT A
2 E. Households headed by women are also disproportionately impacted by increasing housing costs. This segment constitutes 20.4% of all households in the City, which is significantly higher than the country (12.2% of households) and the larger Bay Area region (10.4% of households). Pervasive gender equality may result in lower wages for these households, and women with children f ace the added barrier of childcare costs to securing adequate employment. As a result, 32.7% of households in the City headed by women with children fall below the Federal Poverty Line compared to 8.1% percent households headed by women without children.
F. The City’s housing stock consists of 34,028 units, approximately a quarter of which are attached to another unit. Of the 97% of total units that are occupied, 40% are occupied by a renter. Rental prices increased by 50.8% from 2009 to 2019. To rent a typical apartment in the City without cost burden, defined by the U.S. Department of Housing and Urban Development (HUD) as less than 30% of household income, a household would need to make $64,560 per year.
G. No neighborhoods in the City are identified as “Highest Resource” or “High Resource” areas by State-commissioned research, while 89.6% of residents live in areas identified by this research as “Low Resource” or “High Segregation and Poverty” areas. These neighborhood designations ar e based on a range of indicators, including education, poverty, proximity to jobs and economic opportunities, low pollution levels, and other factors. Research reveals 31.3% of households in the City live in neighborhoods that are susceptible to or experi encing displacement, and 19.2% live in areas at risk of or undergoing gentrification.
H. The housing rent burden faced by many residents in the City threatens the health, safety, and welfare of its residents, particularly when r esulting in eviction and displacement.
Studies have shown that evictions play an impactful role in the lives of low-income renter households, contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequen ces for children, and impacts renters’ credit histories and ability to rent and find employment opportunities. Increasing the number of City residents who are unhoused, particularly elderly residents who may need medical or other care, could create a public health and safety risk.
I. The Costa-Hawkins Rental Housing Act, California Civil Code Section 1954.50, et seq ., limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent stabilization to certain residential rental properties. It is the intent of the City Council that this ordinance complies with the Costa-Hawkins Rental Housing Act, and all other applicable state and federal laws.
J. The economic conditions and recognized housing shortage in the Bay Area have the potential to detrimentally impact a substantial number of City residents and impose a particular hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City.
K. The City has not previously regulated the setting and increasing of rents for residential real property. Given the concerns discussed herein, the City Council desires to establish rent
ATTACHMENT A
3 stabilization policies protecting residents while ensuring that the Landlords of residential real property may earn a fair and reasonable return on their property.
L. At the City Council meetings on June 14, 2022, June 28, 2022, and July 27, 2022, the City Council discussed and received public comment concerning tenant protections, including policies regulating rent increases on residential properties in the City.
M. Pursuant to the City’s police power, as granted broadly under Article XI, section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.
N. Based on the foregoing facts, and the facts presented to the City Council at the meetings at which this ordinance was introduced and adopted, the City Council finds that allowing Landlords of residential real property to have unfettered discretion to increase rents would pose a threat to the public health, safety, and welfare, and that a prohibition of rent increases, except as allowed herein, is therefore necessary.
O. The City Council hereby adopts these regula tions in order to address the threats set forth below.
1. Absent the adoption of this ordinance, as a result of the economic conditions and recognized housing shortage in the Bay Area, including the East Bay and Contra Costa County, significant rent increases will impact a substantial number of residents in the City and constitute a threat to public health, safety, and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City;
2. For the preservation of the public peace, health, and safety, the City Council finds that it is necessary to adopt an ordinance stabilizing rents for all of the reasons set forth in the recitals above, which are hereby incorporated by reference; and
3. Certain aspects of public health, safety, and welfare are not adequately protected due to the City’s lack of rent stabilization mechanics or controls on residential real property generally, and it is in the interest of the City, property owners, residents, and the community as a whole that the City adopt regulations to protect affordable housing within the City, including, but not limited to, rent stabilization regulations applicable to residential real property generally.
P. This recitals for this ordinance, any amendments or supplements, and oral testimony provided on June 14, 2022, June 28, 2022, July 27, 2022, August 23, and September 13, 2022, shall be incorporated herein by this reference, and, shall constitute the necessary findings for this ordinance.
Q. The City Council finds, determines, and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of the ordinance.
ATTACHMENT A
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH HEREBY ORDAINS as follows:
Section 1 The recitals and statements of fact set forth in the preamble to this ordinance, above, are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by reference.
Section 2 T itle 11, entitled “Tenant Protections,” is hereby added to the Antioch Municipal Code.
Section 3 C hapter 1, entitled “Rent Stabilization,” is hereby added to Title 11, Tenant Protections, of the Antioch Municipal Code to read as follows:
CHAPTER 1
RENT STABILIZATION
§ 11-1.01. TITLE; REFERENCE TO CHAPTER.
This Chapter 1 shall be known as the “Rent Stabilization Ordinance”. § 11-1.02. APPLICATION; DEFINITIONS.
(A) The provisions of this Rent Stabilization Ordinance are applicable to any building or part of a building that is used for residence and that is rented to a tenant as a dwelling place, except those units exempted by § 11 -1.06. This Rent Stabilization Ordinance shall be interpreted and administered in a manner consistent with the Costa -Hawkins Rental Housing Act codified in California Civil Code Section 1954.50, et seq. (“Costa-Hawkins”), if any conflict exists between the provisions of Costa-Hawkins and this ordinance, Costa-Hawkins shall prevail. (B) For the purposes of this Rent Stabilization Ordinance, “ Landlord” shall mean an owner of record, lessor, sublessor or any other person, entity, or nonnatural person entitled to receive Rent for the use or occupancy of any dwelling place subject to this Rent Stabilization Ordinance, or an agent representative, affiliate, member, shareholder, trustee, or successor of any of the foregoing. If an owner of a rental unit is other than a single natural person, then all entities and persons that share ownership and/or control (direct or indirect) of the units under this Rent Stabilization Ordinance shall be considered one and the same Landlord. (C) For the purposes of this article, “ Rent” means all periodic payments and all nonmonetary consideration, including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the Landlord under an agreement concerning the use or occupancy of residential real property, including without limitation all payment and consideration demanded or paid for parking, pets, furniture, and subletting.
§ 11-1.03. LIMIT ON RENTAL RATE INCREASES.
Increases in Rent on residential real property in the City may not exceed the greater of ____ percent (___%) or ____ percent (___%) of the most recent 12 -month increase in the Consumer Price Index for All Urban Consumers in the San Francisco- Oakland-Hayward Area published by
ATTACHMENT A
5 the Bureau of Labor Statistics . Only one Rent increase in any twelve (12) month period is permitted.
§ 11-1.04. REASONABLE RATE OF RETURN.
This Rent Stabilization Ordinance allows for an annual adjustment of residential real property Rent of up to the greater of ____ percent (___%) or ____ percent (___%) of the Consumer Price Index for All Urban Consumers in the San Francisco -Oakland-Hayward Area published by the Bureau of Labor Statistics pursuant to § 11-1.03. Such an increase is found and determined to provide a just and reasonable return on a Landlord’s property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, any Landlord who contends that the limit on rental increases set forth in § 11-1.03 will prevent the Landlord from receiving a fair and reasonable return on the property may petition for relief from the cap set forth in § 11-1.03 pursuant to the procedures set forth in
§ 11-1.05.
§ 11-1.05. TENANT PETITION FOR RENT REDUCTION AND
LANDLORD PETITION FOR RENT INCREASE.
(A) A tenant may petition for a reduction of rent (“Rent Reduction Petition ”) if the tenant believes that the Landlord has charged the tenant a higher rent than is permitted by the Rent Stabilization Ordinance. The Landlord shall be informed of the tenant’s complaint and shall have the opportunity to respond to the tenant’s claim of rent overcharge. (1) Such Rent Reduction Petition shall be on an application form prescribed by the City Manager or designee and shall be decided by a Hearing Officer subject to § 1-6.01 designated by the City Attorney.
(2) The tenant shall provide a copy of any Rent Reduction Petition submitted to the City to the applicable Landlord and shall provide the City with proof of completing such service to the applicable Landlord. The Landlord shall have thirty (30) days from the date of receiving the Rent Reduction Petition to reply or provide additional materials to the City in response to the Rent Reduction Petition.
(3) The tenant shall bear the burden of establishing that a rent reduction is necessary to comply with the City’s Rent Stabilization Ordinance by providing information including the type of dwelling, dates of tenancy, dates of rent increases, amount of rent increases, dates of charges, and amounts of charges.
(B) The factors the Hearing Officer may consider in deciding a Rent Reduction Petition shall be matters related to the Landlord’s f ailure to comply with the City’s Rent Stabilization Ordinance and regulations. For example, t he amount of rent that the Landlord has actually demanded, accepted, or retained from the tenant exceeds the amount of rent that the Landlord could lawfully charge.
ATTACHMENT A
6 (C) A Rent Reduction Petition shall be decided by the Hearing Officer within sixty (60) calendar days of the date that the application has been deemed complete, including submission of proof of service of the Rent Reduction Petition on the applicable Landlord(s), unless an extension of this time has been agreed upon by the parties. The decision shall be sent by mail and shall be emailed with proof of mailing to the applicable tenant(s), the designated representative of the tenant(s), the subject Landlord, and the Landlord’s des ignated representative(s) for the Rent Reduction Petition, if any. The decision of the Hearing Officer shall be final and not appealable. (D) A Landlord may petition for a Rent increase in excess of that provided in § 11-1.03 in order to obtain a fair and reasonable return on the Landlord’s property (“Fair Return Petition”).
(1) Such Fair Return Petition shall be on an application form prescribed by the City Manager or designee and shall be decided by a Hearing Officer subject to § 1-6.01 designated by the City Attorney.
(2) The Landlord shall provide a copy of any Fair Return Petition submitted to the City to the applicable tenant(s) and shall provide the City with proof of completing such service to the applicable tenant(s). The tenant(s) shall have thirty (30) days from the date of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition.
(3) The Landlord shall bear the burden of establishing that a rate increase in excess of that provided in § 11-1.03 is necessary to provide the Landlord with a fair and reasonable return on the property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, the Landlord will not realize a fair and reasonable return on the property.
(4) The Landlord shall be responsible for all costs associated with the City’s review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the Hearing Officer shall determine the anticipated costs of rev iew and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the Landlord’s request. If the Hearing Officer so determines, the Hearing Officer shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the Landlord, and the Fair Return Petition shall not be processed until the Landlord has paid to the City the estimated cost of the complete analysis. City will provide the Landlord with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the Landlord. If additional funds are required, payment will be required before the Landlord receives the determination on the Fair Return Petition from the City.
(E) The factors the Hearing Officer may consider in deciding a Fair Return Petition include, but are not limited to, the following:
ATTACHMENT A
7 (1) Changes in the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-Hayward Area published by the Bureau of Labor Statistics arising after commencement of the tenancy.
(2) The length of time since the l ast determination by a Hearing Officer on a Rent increase application, or the last Rent increase if no previous Rent increase application has been made, after commencement of the tenancy. (3) The completion of any capital improvements to the residential real property specified in the Fair Return Petition, and the cost thereof, including materials, labor, construction interest, permit fees, and other items the Hearing Officer deems appropriate, arising after commencement of the tenancy and averaged on a per-unit basis and amortized over a period of not less than sixty (60) months.
(4) Documented rehabilitation work averaged on a per-unit basis and amortized over a period of not less than thirty-six (36) months.
(5) Changes in property taxes or other taxes related to the subject residential real property arising after commencement of the tenancy. (6) Changes in the utility charges for the subject residential real property by the Landlord, and the extent, if any, of reimbursement from the tenants arising after commencement of the tenancy.
(7) Changes in reasonable operating and maintenance expenses arising after commencement of the tenancy.
(8) The need for repairs caused by circumstances other than ordinary wear and tear arising after commencement of the tenancy.
(9) The amount and quality of services provided by the Landlord to the affected tenant(s) arising after commencement of the tenancy.
(F) A Fair Return Petition shall be decided by the Hearing Officer within ninety (90) calendar days of the date that the application has been deemed complete, including submission of proof of service of the Fair Return Petition on the applicable tenant(s) , unless the Landlord has failed to pay all applicable costs associated with the City’s review of the Fair Return Petition or an extension of this time has been agreed upon by the parties. The decision shall be sent by mail and shall be emailed with proof of mailing to the subject Landlord, the Landlord’s designated representative(s) for the Fair Return Petition, the applicable tenant(s), and the designated representative of the tenant(s), if any. The decision of the Hearing Officer shall be final and not appealable.
§ 11-1.06. EXEMPTIONS.
(A) Pursuant to Costa-Hawkins, the provisions of this Rent Stabilization Ordinance regulating the amount of Rent that a Landlord may charge shall not apply to the following:
ATTACHMENT A
8 (1) Any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code Section 1954.52(a)(1)); (2) Any residential real property that is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the California Business and Professions Code.
(3) Any other residential real property for which Rent may not be regulated by the City pursuant to Costa-Hawkins.
(B) The provisions of this Rent Stabilization Ordinance regulating the amount of Rent that a Landlord may charge shall not apply to the following:
(1) A unit owned, operated, or managed by a governmental unit, agency, or authority, or that is specifically exempted from municipal Rent regulation by state or federal law or regulation.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(3) Mobile homes located in mobile home parks.
(4) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to transient guests for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days ; and other transient occupancies as defined in California Civil Code Section 1940, subdivision (b).
(5) A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless persons as defined in California Civil Code Section 1954.12.
(6) A unit that the property Landlord or the property Landlord’s immediate family occupied as their principal place of residence at the beginning of the tenancy so long as the property Landlord or the property Landlord’s immediate family continues in occupancy.
(7) Units within a dwelling unit, if the dwelling unit is the principal residence of a Landlord, and that Landlord shares the bathroom or kitchen facilities with the tenant.
§ 11-1.07. RENT INCREASE INEFFECTIVE; NO WAIVER.
(A) No Rent increase shall be effective if the Landlord:
ATTACHMENT A
9 (1) Fails to substantially comply with all provisions of this Rent Stabilization Ordinance, as that Ordinance may be amended from time to time, and with any other applicable policies, regulations or resolutions concerning Rent, including without limitation the service of the tenant with a legally required notice of a rent increase under State law, the registration of all Rental Units and payment of all Rent Program Fees set forth in the City's Master Fee Schedule; or
(2) Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10; or
(3) Fails to make repairs ordered by the City or court of competent jurisdiction.
(B) Any waiver or purported waiver by a tenant of rights granted under this article prior to the time when such rights may be exercised shall be void as contrary to public policy. (C) If a tenant reasonably believes a Landlord has increased the tenant’s Rent in violation of this section, the tenant may submit to the City a Petition to Determine Compliance for consideration by a Hearing Officer designated by the City Attorney. The Landlord shall have an opportunity to respond to the Petition to Determine Compliance and to participate in the administrative proceeding. The City A ttorney shall promulgate administrative regulations to effectuate this section, in addition to those authorized by § 1-6.01 (Antioch Municipal Code). The decision of the Hearing Officer shall be final and not appealable. § 11-1.08. NOTICE REQUIREMENTS.
(A) On or before the date of commencement of a tenancy, the Landlord of any residential real property subject to this Rent Stabilization Ordinance shall deliver to the tenant written notice of the following in a form prescribed by the City:
(1) The tenancy is regulated by this Rent Stabilization Ordinance, Antioch Municipal Code, Title 11, Chapter 1; and
(2) The tenant has a right to submit a complaint to the City pursuant to § 11-
1.11 for Rent charged in violation of this Rent Stabilization Ordinance; and
(3) The Landlord has a right to respond to any Rent Reduction Petition filed by the tenant with the City pursuant to § 11-1.05.
(4) The tenant has a right to respond to any Fair Return Petition filed by the Landlord with the City pursuant to § 11-1.05.
ATTACHMENT A
10 (B) At the same time and with any notice to increase Rent, the Landlord must deliver written notice of the following:
(1) The tenancy is regulated by this Rent Stabilization Ordinance, Antioch Municipal Code, Title 11, Chapter 1; and
(2) The tenant has a right to submit a complaint to the City pursuant to the procedures established pursuant to § 11-1.11 for Rent charged in violation of this Rent Stabilization Ordinance; and
(3) The tenant has a right to respond to any Fair Return Petition filed by the Landlord with the City pursuant to § 11-1.05; and
(4) No Rent increase is effective unless and until the requirements of this Rent Stabilization Ordinance have been met.
(C) When a Landlord and tenant have entered into a written lease, the Landlord must give notices to the tenant in the language primarily used in the lease. When a Landlord and tenant have not entered into a written lease, the Landlord must give notices to the tenant in the l anguage that a Landlord and tenant used primarily when negotiating the terms of the tenancy. § 11-1.09. VIOLATIONS; REMEDIES.
(A) It shall be unlawful for any person to violate or fail to comply with any provision of this Rent Stabilization Ordinance, including charging increased Rent in violation of this Rent Stabilization Ordinance or a determination by a Hearing Officer. (B) Any person who violates or aids or incites another person to violate the provisions of this Rent Stabilization Ordinance is liable for each and every such offense for money damages of not less than three times actual damages suffered by an aggrieved party (including damages for mental or emotional distress), or for statutory damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the maximum amount that could be lawfully demanded, accepted, or retained, or for statutory damages in the sum of one thousand dollars ($1,000), whichever is greater, and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the Landlord acted in knowing violation of or in reckless disregard of this Rent Stabilization Ordinance. The trier of fact may also award punitive damages to any plaintiff, including the City, in a proper case as defined by Civil Code Section 3294. (C) Any person who is convicted of violating this Rent Stabilization Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
(D) Any person, including the City, may enforce the provisions of this Rent Stabilization Ordinance by means of a civil action. The burden of proof in such cases shall be by preponderance of the evidence. A violation of this Rent Stabilization Ordinance may be asserted as an affirmative defense in an unlawful detainer action.
ATTACHMENT A
11 (E) Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Rent Stabilization Ordinance may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by an aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class. (F) This Rent Stabilization Ordinance may be enforced as provided in Chapter 2 of Title 1 of this code in addition to the remedies provided herein, which shall be in addition to any other existing remedies which may be available. The prevailing party in any civil action brought pursuant to this section shall be entitled to recover reasonable attorneys’ fees and costs. § 11-1.10. RENT PROGRAM FEE AND REGISTRATION REQUIREMENT.
For the sole purpose of reimbursing the City for the costs of administering this Rent Stabilization Ordinance, there is hereby imposed on each rental unit, subject to the provisions of this Rent Stabilization Ordinance, a regulatory fee to cover the costs to provide and administer the programs created by this Chapter in such amount as the City Council may establish by resolution from time to time. Landlords subject to this Rent Stabilization Or dinance shall register all units subject to this ordinance with the City and pay the Rent Program Fee at such time and in such manner as established by City Council resolution.
§ 11-1.11. IMPLEMENTATION.
The City Manager and City Attorney shall take or cause to be taken such actions necessary to implement this Rent Stabilization Ordinance and effectuate the intent of the City Council in adopting this Rent Stabilization Ordinance, including the preparation of informational materials and forms and promulgation of admini strative regulations. The City Manager shall designate a City department to provide information and receive tenant complaints pertaining to violation of this ordinance.
Section 4 Chapter 6, entitled “Hearing Procedures, Hearing Officers' Decisions and Administrative Regulations,” is hereby added to Title 1, General Administration, of the Antioch Municipal Code to read as follows:
CHAPTER 6
ADMINISTRATIVE HEARINGS; REGULATIONS
§ 1-6.01. HEARING PROCEDURES, DECISIONS, AND ADMINISTRATIVE REGULATIONS.
(A) In any administrative proceeding conducted under this code by a Hearing Officer or Hearing Examiner:
(1) The Hearing Officer or Hearing Examiner shall have no authority to consider the constitutionality of any Federal, State, or local law or regulation.
ATTACHMENT A
12 (2) The Hearing Officer or Hearing Examiner, in the performance of duties, shall comply with all applicable Federal, State, and local laws, regulations and codes of conduct.
(B) No administrative decision issued by a Hearing Officer or Hearing Examiner shall establish legal precedent applicable beyond the case presented by the decision. (C) No administrative decision shall be cited as controlling or persuasive legal precedent in any subsequent administrative hearing in a separate case. (D) This section shall not preclude the use of an administrative decision to establish factual issues, such as showing a pattern or practice in any proceeding. (E) The City Attorney or designee may promulgate administrative regulations to implement the administrative hearing procedures set forth in this Chapter. Such regulations may set forth instructions relating to topics such as conflicts of interest, disqualification and selection of Hearing Officer or Hearing Examiners.
Section 5 The City Council finds that t his ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a “project”, as defined in Section 15378 of the State CEQA Guidelines.
Section 6 I
f any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby an d shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
Section 7 Th
is ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch.
* * * * * * * *
I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Antioch, held on the ____ of ____________ 2022, and passed and adopted at a regular meeting thereof, held on the ____ day of ____________ 2022, by the following vote:
ATTACHMENT A
13 AYES:
NOES:
ABSTAIN:
ABSENT:
Lamar A. Thorpe
Mayor of the City of Antioch
ATTEST:
Elizabeth Householder, MPP
City Clerk of the City of Antioch
4 | RENT CONTROL CHART FOR CALIFORNIA
State of California Tenant Protection Act of 2019 (AB 1482) Name of Legislation
(AB 1482)
California Civil Code
Division 3. Obligations
Part 4. Obligations Arising from Particular
Transactions
Title 5. Hiring
Chapter 2. Hiring of Real Property
Tenant Protection Act of 2019
1946.2 Just Cause
1947.12. Cap on rent increases.
1947.13 Assisted and Affordable Housing
Effective Dates
Effective 1/1/20 and scheduled to expire on 1/1/30.
Note: AB 1482 is preempted by more protective
local rent control ordinances, and ordinances
requiring just cause that were 1); adopted on or
before 9/1/19, or 2); adopted or amended after that
date and with more protective just cause provisions
than AB 1482.
Exemptions
Apartments built within 15 years of the current
date are exempt (“rolling” exemption), along with
hotels and related short-term housing, medical
facilities, dormitories, and religious, extended,
or residential care facilities. Duplexes are exempt
where the owner occupies one unit as a principal
place of residence at the start of the tenancy, and
continues to live there throughout.
Single family homes are exempt where 1) the
owner is a “natural person” rather than an insti-
tutional investor like a corporation, real-estate
investment trust, or LLC with at least one corpo-
rate member, 2) the owner maintains a principal
residence in the unit and shares a bathroom or
kitchen with the tenant, or 3) owner-occupied
homes where the owner rents two or less units
(granny flats, ADU).
!
CAUTION
Tenants of an exempt single family dwelling
must be notified in writing in the lease or rental
agreement that the unit is exempt, using the exact
language specified in Cal. Civ. Code. §§ 1946.2(8)(B)(i-iii) and 1947.12(5)(B)(i-iii).
Administration
No state agency is responsible for enforcement.
Tenant must file a lawsuit to enforce rights.
Cap on rent increases
Annual rent increases are limited to the lesser of
5% plus the metropolitan area Consumer Price
Index, or 10% of the total of the lowest gross rental
rate charged at any time during the 12 months
prior to the effective date of the increase.
Starting 1/1/20 the base rent for calculating
increases is the rent in effect as of 3/15/19. Rent may be increased only twice over any 12 month period.
(Cal Civ. Code § 1947.12.)
Just Cause required for Eviction?
Just cause applies once the tenant has continuously
and lawfully occupied the unit for 12+ months.
If additional tenant(s) are added before the existing
tenant has occupied for 24 months, then all tenants
must have occupied the unit for 12+ months, or
one or more
tenants for 24+ months. (Cal Civ. Code
§ 1
946.2(a).)
Other
Tenants subjected to a no-fault eviction are entitled
to either relocation assistance or a rent waiver equal
to one month’s rent. (Cal Civ. Code § 1946.2.)
For a curable lease violation (tenant at fault, see
below), the owner must first give the tenant notice and an opportunity to cure pursuant to California Code
CCP 1161(3) (i.e., 3 day notice to cure or quit). A
three-day notice to quit without an opportunity to
cure can then be served to terminate the tenancy. For
a no-fault termination, the tenant must be informed
of the right to relocation assistance or rent waiver.
aATTACHMENT B
TENANT PROTECTIONS CHART FOR CALIFORNIA | 5
Reasons Allowed for Just Cause Evictions—Tenant at
Fault (Cal. Civ. Code § 1946.2(a) Additional Local Notice Requirements and Limitations Failure to pay rent.
Breach of the lease. Breach as described in Cal. Civ. Proc. § 1161(3), including violation of a provision of the lease after being issued a written notice to correct the violation.
Maintaining, committing, or permitting nuisance. Tenant commits or maintains a public nuisance as described in Cal. Civ. Proc. § 1161(4), Cal Civ. Code § 3482.8 (dog/ cockfighting), 3485(c) (guns & ammo) or 3486(c) (drugs).
Committing waste. See Cal Civ. Code § 1161(4).
Tenant refuses to renew.
A written lease terminates after 1/1/20, and following a written request tenant refuses to execute a renewal of similar duration and terms. Refusal to renew can include tenant’s failure to agree to a clause allowing for landlord move-in. Cal Civ. Code § 1161(2)(A)(ii).
Criminal activity. Tenant engages in criminal activity on the property, (including common areas), or criminal activity or threats, as defined in Penal Code 422(a) (death or great bodily injury to another person), on or off the property, directed at owner or owner’s agent.
Assigning or subletting in violation of lease. Assigning or subletting the premises in violation of the lease, per Cal Civ. Code § 1161(4).
Tenant refuses to allow landlord reasonable access to
the unit.
Tenant’s refusal to allow access as authorized by Cal Civ.
Code § 1101.5, 1954, and 1946.2 and Cal. Health and Safety Code §§ 13113.7 and 17926.1.
Using premises for unlawful purpose.
Unlawful purpose as described in Cal Civ. Proc. § 1161(4), i.e., Cal. Civ. Code §§ 3482.8 (dog/cockfighting), 3485(c) (guns & ammo) and 3486(c) (drugs).
Terminated employee refuses to vacate. Tenant is landlord’s employee, agent, or licensee who refuses to vacate following termination. (Cal. Civ. Code § 1161(1).) Hold-over tenant. Tenant fails to deliver possession after providing written notice pursuant to Cal. Civ. Code §1946 of tenant’s intention to terminate the lease; or tenant’s written offer to surrender is accepted in writing by the landlord, but tenant fails to deliver. (Cal Civ. Proc. § 1161(5).)
6 | RENT CONTROL CHART FOR CALIFORNIA
Reasons Allowed for Just Cause Evictions—No Fault
Owner move-in by owner or owner’s spouse, domestic
partner, children, grandchildren, parents, or grandparents.
For leases entered into on or after 7/1/20, move-ins are available only if the tenant agrees in writing, or if a lease provision specifically allows termination for owner move-ins.
Adding a provision to a renewal which allows termination for owner move-in constitutes a “similar provision” for the purposes of refusing to renew a lease.
Withdrawal of property from the rental market.
Landlord must evict tenant to comply with a local
ordinance or an order from a court or government agency.
Eviction must be necessary to comply with (I) a government agency or court order relating to habitability that requires vacating the property; (II) a government agency or court order to vacate the property; or (III) a local ordinance that requires vacating the property.
If a government agency or court determines tenant is at f
ault for triggering the order/need to vacate under Clause (I), the tenant is not entitled to relocation assistance.
Intent to demolish or to substantially remodel the property. “Substantially remodel” means the replacement or substantial modification requiring a permit, or abatement of hazardous materials that requires the tenant to vacate for at least 30 days. Cosmetic improvements alone that
can be performed safely without vacating, don’t qualify as substantial rehabilitation.
7/15/22, 4:22 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.7.&article 1/3 Code: Select Code Section: 1 or 2 or 1001 Search
1954.50.
1954.51.
1954.52.
Up^ Add To My Favorites
CIVIL CODE - CIV
DIVISION 3. OBLIGATIONS [1427 - 3273.16] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. ) PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.16] ( Part 4 enacted 1872. ) TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. ) CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] ( Title 5 added by Stats. 1995, Ch. 331, Sec. 1. ) This chapter shall be known and may be cited as the Costa-Hawkins Rental Housing Act. (Added by Stats. 1995, Ch. 331, Sec. 1. Effective January 1, 1996.) As used in this chapter, the following terms have the following meanings:
(a) “Comparable units” means rental units that have approximately the same living space, have the same number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services.
(b) “Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent. (c) “Prevailing market rent” means the rental rate that would be authorized pursuant to 42 U.S.C.A. 1437 (f), as calculated by the United States Department of Housing and Urban Development pursuant to Part 888 of Title 24 of the Code of Federal Regulations.
(d) “Public entity” has the same meaning as set forth in Section 811.2 of the Government Code. (e) “Residential real property” includes any dwelling or unit that is intended for human habitation. (f) “Tenancy” includes the lawful occupation of property and includes a lease or sublease. (Added by Stats. 1995, Ch. 331, Sec. 1. Effective January 1, 1996.) (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling or a unit about which any of the following is true:
(1) It has a certificate of occupancy issued after February 1, 1995. (2) It has already been exempt from the residential rent control ordinance of a public entity on or before February 1, 1995, pursuant to a local exemption for newly constructed units. (3) (A) It is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code. (B) This paragraph does not apply to either of the following:
(i) A dwelling or unit where the preceding tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827.
(ii) A condominium dwelling or unit that has not been sold separately by the subdivider to a bona fide purchaser for value. The initial rent amount of the unit for purposes of this chapter shall be the lawful rent in effect on May 7, 2001, unless the rent amount is governed by a different provision of this chapter.
However, if a condominium dwelling or unit meets the criteria of paragraph (1) or (2) of subdivision (a), or if all the dwellings or units except one have been sold separately by the subdivider to bona fide purchasers Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
ATTACHMENT C
7/15/22, 4:22 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.7.&article 2/3 1954.53.
for value, and the subdivider has occupied that remaining unsold condominium dwelling or unit as his or her principal residence for at least one year after the subdivision occurred, then subparagraph (A) of paragraph (3) shall apply to that unsold condominium dwelling or unit. (C) Where a dwelling or unit in which the initial or subsequent rental rates are controlled by an ordinance or charter provision in effect on January 1, 1995, the following shall apply:
(i) An owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all existing and new tenancies in effect on or after January 1, 1999, if the tenancy in effect on or after January 1, 1999, was created between January 1, 1996, and December 31, 1998. (ii) Commencing on January 1, 1999, an owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all new tenancies if the previous tenancy was in effect on December 31, 1995.
(iii) The initial rental rate for a dwelling or unit as described in this paragraph in which the initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not, until January 1, 1999, exceed the amount calculated pursuant to subdivision (c) of Section 1954.53. An owner of residential real property as described in this paragraph may, until January 1, 1999, establish the initial rental rate for a dwelling or unit only where the tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure. (b) Subdivision (a) does not apply where the owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (c) Nothing in this section shall be construed to affect the authority of a public entity that may otherwise exist to regulate or monitor the basis for eviction.
(d) This section does not apply to any dwelling or unit that contains serious health, safety, fire, or building code violations, excluding those caused by disasters for which a citation has been issued by the appropriate governmental agency and which has remained unabated for six months or longer preceding the vacancy. (Amended by Stats. 2004, Ch. 568, Sec. 4. Effective January 1, 2005.) (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial rental rate for a dwelling or unit, except where any of the following applies:
(1) The previous tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827, except a change permitted by law in the amount of rent or fees. For the purpose of this paragraph, the owner’s termination or nonrenewal of a contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant, shall be construed as a change in the terms of the tenancy pursuant to Section 827. (A) In a jurisdiction that controls by ordinance or charter provision the rental rate for a dwelling or unit, an owner who terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant may not set an initial rent for three years following the date of the termination or nonrenewal of the contract or agreement. For any new tenancy established during the three-year period, the rental rate for a new tenancy established in that vacated dwelling or unit shall be at the same rate as the rent under the terminated or nonrenewed contract or recorded agreement with a governmental agency that provided for a rent limitation to a qualified tenant, plus any increases authorized after the termination or cancellation of the contract or recorded agreement. (B) Subparagraph (A) does not apply to any new tenancy of 12 months or more duration established after January 1, 2000, pursuant to the owner’s contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant, unless the prior vacancy in that dwelling or unit was pursuant to a nonrenewed or canceled contract or recorded agreement with a governmental agency that provides for a rent limitation to a qualified tenant as set forth in that subparagraph. (2) The owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(3) The initial rental rate for a dwelling or unit whose initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not until January 1, 1999, exceed the amount calculated pursuant to 7/15/22, 4:22 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.7.&article 3/3 1954.535.
subdivision (c).
(b) Subdivision (a) applies to, and includes, renewal of the initial hiring by the same tenant, lessee, authorized subtenant, or authorized sublessee for the entire period of his or her occupancy at the rental rate established for the initial hiring.
(c) The rental rate of a dwelling or unit whose initial rental rate is controlled by ordinance or charter provision in effect on January 1, 1995, shall, until January 1, 1999, be established in accordance with this subdivision. Where the previous tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of Code of Civil Procedure, an owner of residential real property may, no more than twice, establish the initial rental rate for a dwelling or unit in an amount that is no greater than 15 percent more than the rental rate in effect for the immediately preceding tenancy or in an amount that is 70 percent of the prevailing market rent for comparable units, whichever amount is greater.
The initial rental rate established pursuant to this subdivision may not substitute for or replace increases in rental rates otherwise authorized pursuant to law.
(d) (1) Nothing in this section or any other provision of law shall be construed to preclude express establishment in a lease or rental agreement of the rental rates to be applicable in the event the rental unit subject thereto is sublet.
Nothing in this section shall be construed to impair the obligations of contracts entered into prior to January 1, 1996.
(2) If the original occupant or occupants who took possession of the dwelling or unit pursuant to the rental agreement with the owner no longer permanently reside there, an owner may increase the rent by any amount allowed by this section to a lawful sublessee or assignee who did not reside at the dwelling or unit prior to January 1, 1996.
(3) This subdivision does not apply to partial changes in occupancy of a dwelling or unit where one or more of the occupants of the premises, pursuant to the agreement with the owner provided for above, remains an occupant in lawful possession of the dwelling or unit, or where a lawful sublessee or assignee who resided at the dwelling or unit prior to January 1, 1996, remains in possession of the dwelling or unit. Nothing contained in this section shall be construed to enlarge or diminish an owner’s right to withhold consent to a sublease or assignment. (4) Acceptance of rent by the owner does not operate as a waiver or otherwise prevent enforcement of a covenant prohibiting sublease or assignment or as a waiver of an owner’s rights to establish the initial rental rate, unless the owner has received written notice from the tenant that is party to the agreement and thereafter accepted rent.
(e) Nothing in this section shall be construed to affect any authority of a public entity that may otherwise exist to regulate or monitor the grounds for eviction.
(f) This section does not apply to any dwelling or unit if all the following conditions are met:
(1) The dwelling or unit has been cited in an inspection report by the appropriate governmental agency as containing serious health, safety, fire, or building code violations, as defined by Section 17920.3 of the Health and Safety Code, excluding any violation caused by a disaster. (2) The citation was issued at least 60 days prior to the date of the vacancy. (3) The cited violation had not been abated when the prior tenant vacated and had remained unabated for 60 days or for a longer period of time. However, the 60-day time period may be extended by the appropriate governmental agency that issued the citation.
(Amended by Stats. 2004, Ch. 568, Sec. 5. Effective January 1, 2005.) Where an owner terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitations to a qualified tenant, the tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days’ written notice of the effective date of the termination and shall not be obligated to pay more than the tenant’s portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of nonrenewal of the contract.
(Added by Stats. 1999, Ch. 590, Sec. 3. Effective January 1, 2000.) Assembly Bill No. 1399
CHAPTER 596
An act to amend Sections 7060.2, 7060.4, and 7060.7 of the Government Code, relating to residential real property.
[Approved by Governor October 8, 2019. Filed with Secretary of State October 8, 2019.]
legislative counsel’s digest
AB 1399, Bloom. Residential real property: rent control: withdrawal of accommodations.
(1) Existing law, commonly known as the Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, as specified, to compel the owner of residential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease. Existing law authorizes a public entity acting pursuant to the Ellis Act to require an owner who offers accommodations for rent or lease within a period not exceeding 10 years from the date on which they were withdrawn, as specified, to first offer the unit to the tenant or lessee displaced from that unit by the withdrawal, subject to certain requirements. If the owner fails to comply with this requirement, the owner is liable to a displaced tenant or lessee for punitive damages not to exceed 6 months’ rent.
This bill would prohibit a payment of the above-described punitive damages from being construed to extinguish the owner’s obligation to offer the accommodations to a prior tenant or lessee, as described above. (2)
Existing law qualifies the Ellis Act prohibition on compelling owners to offer or to continue to offer accommodations by, among other things, permitting a public entity to require an owner to provide notice that the owner has initiated actions to terminate tenancies and, in this situation, the date of withdrawal of accommodations would be 120 days from the delivery of the notice. Existing law extends the term for the withdrawal of accommodations, in this context, to one year if the tenant or lessee is 62 years of age or older, or disabled, and other conditions are met.
This bill, with regard to the withdrawal of accommodations and the extension of tenancies, as described above, would require the date of withdrawal for the accommodations as a whole to be the latest termination date among all tenants within the accommodations for purposes of calculating specified time periods, as specified. The bill would make conforming changes to clarify the application of these provisions with respect to accommodations with multiple units and with respect to requirements to give notice to public entities and tenants with extended tenancies. The bill would also conform a statement of legislative intent relating to the Ellis Act 94 ATTACHMENT D
to specify that it is not intended to permit an o wner to return to the rental market less than all of the accommodations, among other things. The bill would also amend this statement of le gislative intent to mak e further statements regarding what the act is not intended to permit on the part of an owner.
The people of the State of California do enact as follows:
SECTION 1. Section 7060.2 of the Government Code is amended to read:
7060.2. If a public entity, by valid exercise of its police po wer, has in effect any control or system of control on the price at which accommodations may be of fered for rent or lease, that entity may , notwithstanding an y provision of this chapter, provide by statute or ordinance, or by regulation as specified in Section 7060.5, that any accommodations which have been offered for rent or lease and which were subject to that control or system of control at the time the accommodations were withdra wn from rent or lease, shall be subject to the following:
(a) (1) For all tenancies commenced during the time periods described in paragraph (2), the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of intent to withdra w the accommodations is filed with the public entity , plus annual adjustments available under the system of control.
(2) The pro visions of paragraph (1) shall apply to all tenancies commenced during either of the following time periods:
(A) The fiv e-year period after an y notice of intent to withdra w the accommodations is filed with the public entity , whether or not the notice of intent is rescinded or the withdrawal of the accommodations is completed pursuant to the notice of intent.
(B) The five-year period after the accommodations are withdrawn. (3) This subdivision shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the accommodations.
(b) If the accommodations are of fered ag ain for rent or lease for residential purposes within two years of the date the accommodations were withdrawn from rent or lease, the following provisions shall govern:
(1) The owner of the accommodations shall be liable to an y tenant or lessee who was displaced from the property by that action for actual and exemplary damages. Any action by a tenant or lessee pursuant to this paragraph shall be brought within three years of the withdra wal of the accommodations from rent or lease. Ho wever, nothing in this paragraph precludes a tenant from pursuing an y alternative remedy a vailable under the law.
(2) A public entity which has acted pursuant to this section may institute a civil proceeding against any owner who has again offered accommodations for rent or lease subject to this subdi vision, for e xemplary damages for 94 — 2 — Ch. 596
displacement of tenants or lessees. Any action by a public entity pursuant to this paragraph shall be brought within three years of the withdra wal of the accommodations from rent or lease.
(3) Any owner who offers accommodations again for rent or lease shall first offer the unit for rent or lease to the tenant or lessee displaced from that unit by the withdrawal pursuant to this chapter, if the tenant has advised the owner in writing within 30 days of the displacement of the tenant’ s desire to consider an offer to renew the tenancy and has furnished the owner with an address to which that offer is to be directed. That tenant, lessee, or former tenant or lessee may advise the o wner at an y time during the eligibility of a change of address to which an offer is to be directed.
If the owner again offers the accommodations for rent or lease pursuant to this subdivision, and the tenant or lessee has advised the owner pursuant to this subdi vision of a desire to consider an of fer to rene w the tenanc y, then the owner shall offer to reinstitute a rental agreement or lease on terms permitted by law to that displaced tenant or lessee.
This offer shall be deposited in the United States mail, by re gistered or certified mail with postage prepaid, addressed to the displaced tenant or lessee at the address furnished to the owner as provided in this subdivision, and shall describe the terms of the offer. The displaced tenant or lessee shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid. (c) A public entity which has acted pursuant to this section, may require by statute or ordinance, or by regulation as specified in Section 7060.5, that an owner who offers accommodations again for rent or lease within a period not exceeding 10 years from the date on which the y are withdra wn, and which are subject to this subdivision, shall first offer the unit to the tenant or lessee displaced from that unit by the withdrawal, if that tenant or lessee requests the offer in writing within 30 days after the owner has notified the public entity of an intention to offer the accommodations again for residential rent or lease pursuant to a requirement adopted by the public entity under subdivision (c) of Section 7060.4. The owner of the accommodations shall be liable to any tenant or lessee who was displaced by that action for failure to comply with this paragraph, for puniti ve damages in an amount which does not exceed the contract rent for six months, and the payment of which shall not be construed to extinguish the owner’s obligation to comply with this subdivision.
(d) If the accommodations are demolished, and ne w accommodations are constructed on the same property , and offered for rent or lease within five years of the date the accommodations were withdra wn from rent or lease, the newly constructed accommodations shall be subject to any system of controls on the price at which they would be offered on the basis of a fair and reasonable return on the ne wly constructed accommodations, notwithstanding an y e xemption from the system of controls for ne wly constructed accommodations.
94 Ch. 596 — 3 —
(e) The amendments to this section enacted by the act adding this subdivision shall apply to all ne w tenancies created after December 31, 2002. If a new tenancy was lawfully created prior to January 1, 2003, after a lawful withdrawal of the unit under this chapter, the amendments to this section enacted by the act adding this subdi vision may not apply to ne w tenancies created after that date.
SEC. 2. Section 7060.4 of the Government Code is amended to read:
7060.4. (a) Any public entity which, by a v alid exercise of its police power, has in effect any control or system of control on the price at which accommodations are of fered for rent or lease, may require by statute or ordinance, or by regulation as specified in Section 7060.5, that the o wner notify the entity of an intention to withdra w those accommodations from rent or lease and may require that the notice contain statements, under penalty of perjury, providing information on the number of accommodations, the address or location of those accommodations, the name or names of the tenants or lessees of the accommodations, and the rent applicable to each residential rental unit.
Information respecting the name or names of the tenants, the rent applicable to an y residential rental unit, or the total number of accommodations, is confidential information and for purposes of this chapter shall be treated as confidential information by any public entity for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of P art 4 of Di vision 3 of the Ci vil Code). A public entity shall, to the e xtent required by the preceding sentence, be considered an “agency,” as defined by subdivision (d) of Section 1798.3 of the Civil Code.
(b) The statute, ordinance, or regulation of the public entity may require that the owner record with the county recorder a memorandum summarizing the provisions, other than the confidential provisions, of the notice in a form which shall be prescribed by the statute, ordinance, or regulation, and require a certification with that notice that actions ha ve been initiated as required by law to terminate an y existing tenancies. In that situation, the date on which the accommodations are withdrawn from rent or lease for purposes of this chapter is 120 days from the delivery in person or by first-class mail of that notice to the public entity. However, if the tenant or lessee is at least 62 years of age or disabled, and has lived in their accommodations or unit within the accommodations for at least one year prior to the date of delivery to the public entity of the notice of intent to withdraw pursuant to subdivision (a), then the date of withdra wal of the accommodations of that tenant or lessee shall be extended to one year after the date of delivery of that notice to the public entity, provided that the tenant or lessee gi ves written notice of their entitlement to an extension to the owner within 60 days of the date of delivery to the public entity of the notice of intent to withdra w. In that situation, the following provisions shall apply:
(1) The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the public entity of the notice of intent to 94 — 4 — Ch. 596
withdraw, subject to any adjustments otherwise available under the system of control.
(2) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
(3) The owner may elect to extend the tenancy on any other unit within the accommodations up to one year after date of delivery to the public entity of the notice of intent to withdraw, subject to paragraphs (1) and (2). (4) Within 30 days of the notification by the tenant or lessee to the owner of their entitlement to an e xtension, the owner shall give written notice to the public entity of the claim that the tenant or lessee is entitled to stay in their accommodations or unit within the accommodations for one year after date of delivery to the public entity of the notice of intent to withdraw. (5) Within 90 days of date of deli very to the public entity of the notice of intent to withdra w, the o wner shall gi ve written notice of the o wner’s election to e xtend a tenanc y under paragraph (3) and the re vised date of withdrawal to the public entity and an y tenant or lessee whose tenanc y is extended.
(6) The date of withdra wal for the accommodations as a whole, for purposes of calculating the time periods described in Section 7060.2, shall be the latest termination date among all tenants within the accommodations, as stated in the notices required by paragraphs (4) and (5). An owner’s further voluntary extension of a tenancy beyond the date stated in the notices required by paragraphs (4) and (5) shall not extend the date of withdrawal. (c) The statute, ordinance, or re gulation of the public entity adopted pursuant to subdivision (a) may also require the owner to notify any tenant or lessee displaced pursuant to this chapter of the following:
(1) That the public entity has been notified pursuant to subdivision (a). (2) That the notice to the public entity specified the name and the amount of rent paid by the tenant or lessee as an occupant of the accommodations. (3) The amount of rent the o wner specified in the notice to the public entity.
(4) Notice to the tenant or lessee of their rights under paragraph (3) of subdivision (b) of Section 7060.2.
(5) Notice to the tenant or lessee of the following:
(A) If the tenant or lessee is at least 62 years of age or disabled, and has lived in their accommodations for at least one year prior to the date of delivery to the public entity of the notice of intent to withdraw, then tenancy shall be extended to one year after date of deli very to the public entity of the notice of intent to withdra w, provided that the tenant or lessee gi ves written notice of their entitlement to the o wner within 60 days of date of delivery to the public entity of the notice of intent to withdraw. (B) The e xtended tenanc y shall be continued on the same terms and conditions as existed on date of deli very to the public entity of the notice of intent to withdraw, subject to any adjustments otherwise available under the system of control.
(C) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy. 94 Ch. 596 — 5 —
(d) The statute, ordinance, or re gulation of the public entity adopted pursuant to subdivision (a) may also require the owner to notify the public entity in writing of an intention to again offer the accommodations for rent or lease.
SEC. 3. Section 7060.7 of the Government Code is amended to read:
7060.7. It is the intent of the Le gislature in enacting this chapter to supersede any holding or portion of an y holding in Nash v . City of Santa Monica, 37 Cal.3d 97 to the extent that the holding, or portion of the holding, conflicts with this chapter, so as to permit landlords to go out of b usiness.
However, this act is not otherwise intended to do any of the following:
(a) Interfere with local governmental authority over land use, including regulation of the conversion of existing housing to condominiums or other subdivided interests or to other nonresidential use following its withdrawal from rent or lease under this chapter.
(b) Preempt local or municipal en vironmental or land use re gulations, procedures, or controls that go vern the demolition and rede velopment of residential property.
(c) Override procedural protections designed to prevent abuse of the right to evict tenants.
(d) Permit an owner to do any of the following:
(1) Withdraw from rent or lease less than all of the accommodations, as defined by paragraph (1) or (2) of subdivision (b) of Section 7060. (2) Decline to make a written rerental offer to any tenant or lessee who occupied a unit at the time when the owner gave the public entity notice of its intent to withdra w the accommodations, in the manner and within the timeframe specified in paragraph (3) of subdi vision (b), or in subdi vision (c), of Section 7060.2. But the requirements of this paragraph shall not apply to:
(A) A unit that w as the principal place of residence of an y owner or owner’s family member at the time of withdrawal, provided that it continues to be that person’ s or those persons’ principal place of residence when accommodations are returned to the rental market as provided in this section. (B) A unit that is the principal place of residence of an owner when the accommodations are returned to the rental mark et, if it is the o wners’ principal place of residence, at the time of return to the rental mark et, as provided in this section. If the owner vacates the unit within 10 years from the date of withdra wal, the owner shall, within 30 days, of fer to rerent if required under this paragraph.
(e) Grant to an y public entity an y po wer which it does not possess independent of this chapter to control or establish a system of control on the price at which accommodations may be of fered for rent or lease, or to diminish any such power which that public entity may possess, e xcept as specifically provided in this chapter.
(f) Alter in any way either Section 65863.7 relating to the withdrawal of accommodations which comprise a mobilehome park from rent or lease or 94 — 6 — Ch. 596
subdivision (f) of Section 798.56 of the Civil Code relating to a change of use of a mobilehome park.
O
94 Ch. 596 — 7 —
Antioch City Council Report
August 23, 2022 Agenda Item #5
Page | 2
Image 1. Site Location
Image 2. Street View
Site
CROW CT
CRESTVIEW DR
COSTCO WAY
POPPY WAY
TULIP DR
VERNE ROBERTS CIR
ASTER DR
LILAC LN
AUTO CENTER DR
HWY 4
PITTSBURG - ANTIOCH HWY
CENTURY BLVD
W 10TH ST
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Antioch City Council Report
August 23, 2022 Agenda Item #5
Page | 3
Environmental Review
This project has been determined to be Categorically Exempt from the provisions of CEQA pursuant to Section 15301 – Class 1 “Existing Facilities.” The cannabis business will occupy space within an existing commercial building with no physical expansion proposed.
BACKGROUND
Antioch Municipal Code (AMC) Section 9 -5.3845 is contained in the Zoning Ordinance and provides the zoning and operational standards for cannabis busines ses, and establishes a unique approval process.
Project History
On April 23, 2019 the City Council voted 4 -1 to approve a Use Permit to operate a retail cannabis dispensary at the project site. On June 1, 2022 the Planning Commission voted 5-0 to recommend that the City Council approve the Use Permit application to add a cannabis distribution operation to the existing retail cannabis facility.
ANALYSIS
Project Overview
The applicant proposes to operate a cannabis distribution facility at 2701 West Tenth Street. The proposed hours of operation are 8:00 AM to 8:00 PM seven days a week.
The applicant has estimated the distribution operation will have approximatel y 5 -10 deliveries per day. The distribution operation will operate under a type 11 distribution license. A licensed distributor is responsible for: transporting cannabis goods, arranging for the testing of cannabis products, conducting quality assurance re views of cannabis goods to ensure that they comply with all of the packaging and labeling requirements, and transporting cannabis goods between licensees.
The distribution operation will occupy approximately 8,500 square feet of vacant space in the existing building. The applicant estimates approximately eight (8) employees will work as part of the distribution operation.
A detailed description of the cannabis distribution operations is included as Attachment “C” to the staff report.
Site Plan
The site is approximately 2.8 acres with an existing 17,000 square-foot masonry building located on the northwest portion of the site. The applicant is proposing to use approximately 8,500 square feet of the existing floor space in the eastern portion of the Antioch City Council Report
August 23, 2022 Agenda Item #5
Page | 4
building for their distribution operations. The only construction associated with the project is tenant improvements within the existing building.
The existing retail dispensary is located in the western portion of the building and contains an approximately 1,500 square-foot lobby where customers are required to check in with security personnel and provide valid identification before being allowed to enter the sales area. Beyond the lobby is the retail salesroom where the cannabis is sold. The salesroom is approximately 2,500 square feet.
The public parking area is located to the south of the building and contains twenty -five parking spaces for customers. The customer parking area is separ ated from the employee parking area and secure loading dock by a masonry wall and sliding gate. The loading area for cannabis deliveries is secured from public access by rolling gates and masonry walls at both the north and west entrances to the loading area.
Security Plan
As part of their application , the applicant submitted a security plan for the site. The security plan addressed the following issues:
• Physical elements of the site such as location of the building, outdoor lighting, and parking areas.
• Electronic security such as motion sensors, controlled access areas, and surveillance cameras.
• Compliance and procedures such as inventory management, cash handling, and employee training.
• On site physical security services related to the number of physical security guards present at the site.
The security plan was reviewed by the Antioch Police Department. The site currently has a security plan in place for the retail cannabis dispensary which requires two -armed security guards on-site during operating hours and one-armed security guard on-site 24 hours a day. Upon review of the security plan, the Police Department determined that the number of security guards currently in place for the dispensary will be sufficient for the proposed distribu tion operation. Currently , the retail dispensary has a condition of approval that requires “All delivery of cannabis to the site shall take place in a caged/gated delivery area with a dedicated armed security guard to be present during all deliveries.” Staff has included a condition of approval clarifying that this condition also applies to the loading and unloading of vehicles for the purposes of cannabis distribution. The proposed security measures are consistent with the security expectations detailed in the Cannabis Guidelines.
Staff has included a Condition of Approval in the attached resolution requiring the Antioch Police Department to conduct a site inspection to assess the security of the site prior to Antioch City Council Report
August 23, 2022 Agenda Item #5
Page | 5
a certificate of occupancy being issued for the site. Any changes that the Antioch Police Department deems necessary upon site inspection will be incorporated into a revised site security plan that will then be submitted for their review and approval. No certificate of occupancy will be issued without final approval of a site security plan by the Antioch Police Department. In addition to the security inspection prior to issuance of a certificate of occupancy, the business is required to submit to annual security audits conducted by a third party or City staff.
Operational Issues
Staff has included conditions of approval to mitigate the potential off -site impacts of the proposed cannabis business. The applicant has outlined how odors will be mitigated with the Odor Mitigation Plan. The mitigations demonstrate the measures they will take to ensure that cannabis odors will not be detected at or beyond the site. Staff has included a condition of approval requiring that adequate on -site odor control measures are maintained at all times and that cannabis odors cannot be readily detected outside the structure in which the business operates. Staff has also included a condition of approval stating that the City reserves the right to have the odor control systems reviewed at building permit submittal. This condition has been added in case staff has concerns about the odor mitigation once detailed building permit plans are submitted.
ATTACHMENTS
A. Resolution approving Use Permit UP-21-17 with Exhibit A Conditions of Approval B. Project Plans
C. Project Description
D. Project Application
E. Site Photos
F. Neighborhood Responsibility Plan
G. City Council Resolution 2019/60
H. CCCFD Comment Letter
Page | 1
CITY COUNCIL
RESOLUTION NO. 2022/**
A RESOLUTION OF THE CITY OF ANTIOCH CITY COUNCIL
APPROVING A USE PERMIT (UP-21-17) FOR A CANNABIS DISTRIBUTION FACILITY LOCATED AT 2701 WEST 10TH STREET (APN 074-051-029)
WHEREAS, Three Habitat Consulting Group applied for a use permit for a cannabis distribution facility at 2710 West 10th Street (APN 074-051-029);
WHEREAS, the existing building includes a retail cannabis dispensary (UP-18-15) that was approved on April 23, 2019;
WHEREAS, the current operator is proposing to expand the business operation to include distribution services in an 8,482 sq. ft. unused portion of the existing building;
WHEREAS, this project is Categorically Exempt pursuant to Section 15301 “Existing Facilities” from the provisions of CEQA;
WHEREAS, the Planning Commission on June 1, 2022 held a public hearing and considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request;
WHEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on August 12, 2022 for the public hearing held on August 23, 2022; and
WHEREAS, the City Council on August 23, 2022 held a public hearing and considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby makes the following findings for approval of a Cannabis Business Use Permit pursuant to Section 9-
5.2703 “Required Findings” (B) (1) of the Antioch Municipal Code:
a) The granting of such Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.
Finding: The proposed cannabis distribution includes operational Conditions of Approval to minimize impacts. On -site armed security is required at all times with required annual audits of the site security plan.
The business shall also maintain on- site odor control so that cannabis related odors are not readily detected outside the structure. Based upon the conditions imposed, the cannabis distribution use will not create adverse impacts to the surrounding businesses and residents.
ATTACHMENT A
A1
Page | 2
b) The use applied at the location indicated is properly one for which a Use Permit is authorized.
Finding: The site is zoned Cannabis Overlay District. The Cannabis Overlay District allows cann abis distribution with the approval of a use permit.
c) The site for the proposed use is adequate in size and shape to accommodate such use, and all parking, and other features required.
Finding: The proposed cannabis distribution use will take place in an existing commercial building with ample parking. The site has a secure area for cannabis deliveries.
d) The site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.
Finding: The project site is currently developed and is located at the intersection of Verne Roberts Circle and West Tenth Street, which are adequate in width and pavement type to carry the traffic generated by the proposed use.
e) The granting of such Use Permit will not adversely affect the comprehensive General Plan.
Finding: The use will not adversely affect the comprehensive General Plan because the project is consistent with the General Plan designation for the site of Business Park.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby makes the following additional finding pursuant to Section 9- 5.3845 (D) (1) “Cannabis Businesses” of the Antioch Municipal Code:
1) The location and site characteristics of the proposed cannabis business are consistent with all applicable State laws and City standards or guidelines, that all provisions have been made to ensure that the operation of the cannabis business will not create excessive demands for police service or other public services, and that the cannabis business will benefit the City of Antioch.
Finding: The conditions of approval on the project are consistent with the cannabis guidelines. The security plan has been reviewed by the Antioch Police Department and security conditions have been included per their direction. The revenue generated through the required operating agreement will provide a financial benefit to the City of Antioch.
A2
Page | 3
BE IT FURTHER RESOLVED that the City Council of the City of Antioch hereby APPROVES the use permit for cannabis distribution, located at 2701 West 10th Street (APN 074-051-029); subject to the conditions in Exhibit A, which is attached hereto and incorporated by reference.
* * * * * * * * *
I HEREBY CERTIFY the foregoing resolution was passed and adopted by the City Council of the City of Antioch, at a regular meeting thereof, held on the 23rd day of August 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
ELIZABETH HOUSEHOLDER
City Clerk of the City of Antioch
A3
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 1
General Conditions Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
1. Project Approval. This Use Permit approval is for 2701 W. 10 th Street , as substantially shown and described on the project plans, except as required to be modified by conditions herein or in the Development Agreement. Plans date received March 16, 2022, as presented to the City Council on August 23, 2022. For any condition h erein that requires preparation of a Final Plan where the project applicant has submitted a conceptual plan, the project applicant shall submit final plan(s) in substantial conformance with the conceptual plan, but incorporate the modifications required by the conditions herein for approval by the City.
City of Antioch On-Going Planning
Department
2. Project Approval Expiration. This Use Permit recommendation for approval expires on August 23, 2024. An extension may be granted by the Zoning Administrator for a period up to one (1 ) year, provided that, at least ten (10) days before expiration of one (1) year from the date when the approval becomes effective, an application for renewal of the approval is filed with the Community Development Department.
City of Antioch On-Going Planning
Department
3. City Fees. The applicant shall pay any and all City and other related fees applicable to the property, as may be modified by conditions herein.
Fees shall be based on the current fee structure in effect at the time the relevant permits are secured and shall be paid before issuance of said permit or before any City Council final action approval. Notice shall be taken specifically of Plan Check, Engineering, Fire and Inspection Fees.
The project applicant shall also reimburse the City for direct costs of planning; building and engineering plan check and inspection, as mutually agre ed between the City and applicant.
Discretionary or ministerial permits/approvals will not be considered if the City of Antioch On-Going
Community
Development
Department
A4
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 2
developer is not current on fees, balances, and reimbursement that are outstanding and owed to the City.
4. Pass-Through Fees. The developer shall pay all pass-through fees. Fees include but are not limited to:
a. East Contra Costa Regional Fee and Financing Authority (ECCRFFA) Fee in effect at the time of building permit issuance.
b. Contra Costa County Fire Protection District Fire Development Fee in place at the time of building permit issuance.
c. Contra Costa County Map Maintenance Fee in affect at the time of recordation of the final map(s).
d. Contra Costa County Flood Control District Drainage Area fee. e. School Impact Fees.
f. Delta Diablo Sanitation Sewer Fees.
g. Contra Costa Water District (CCWD) Fees.
City of Antioch On-Going
Community
Development
Department
6. Requirement for Building Permit. Approval granted by the City Council does not constitute a building permit or authorization to begin any construction or demolish an existing structure. An appropriate permit issued by the Community Development Department must be obtained before constructing, enlarging, moving, converting, or demolishing any building or structure within the City.
City of Antioch On-Going Building
Department
7. Modifications to Approved Plans . The project shall be constructed as approved and with any additional changes required pursuant to the City Council Conditions of Approval. Planning staff may approve minor modifications in the project design, but not the permitted land uses. A change req uiring discretionary approval and any other changes deemed appropriate by the Planning staff shall require further Planning City of Antioch On-Going Planning
Department
A5
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 3
Commission or City Council approval through the discretionary review process.
8. Hold Harmless Agreement/Indemnification. The applicant (including any agent thereof) shall defend, indemnify, and hold harmless, the City of Antioch and its agents, officers and employees, from any claim, action, or proceeding against the City or its agent s, officers or employees to attack, set aside, void, or annul the City's approval concerning this application. The City will promptly notify the applicant of any such claim action or proceeding and cooperate fully in the defense.
City of Antioch On-Going Planning
Department
Fire Standards Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
9. All requirements of the Contra Costa County Fire Protection District shall be met.
Contra Costa
County Fire
Protection
District
(CCCFPD)
Timing Required
Contra Costa
County Fire
Protection District
(CCCFPD)
At the Time of Building Permit Issuance Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
A6
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 4
10. Encroachment Permit . The applicant shall obtain an encroachment permit from the Engineering Division before commencing any construction activities within any public right- of-way or easement.
City of Antioch
At the Time of
Building Permit
Issuance
Public Works
Department
At the Time of Construction Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
11. Collection of Construction Debris. Gather all construction debris on a regular basis and place them in a Waste Management dumpster or other container that is emptied or removed on a weekly basis consistent with the Construction and Demolition Debris Ordina nce. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater pollution.
City of Antioch On-Going Building
Department
12. Construction Hours. Construction activity shall be as outlined in in the Antioch Municipal Code. Construction activity is limited to 8:00 AM to 5:00 PM Monday-Friday or as approved in writing by the City Manager.
Requests for alternative construction hours shall be submitted in writing to the City Engineer. days/times restricted to the hours of 8:00 a.m. to 6:00 p.m.
City of Antioch On-Going
Building
Department /
Public Works
13. Demolition, Debris, Recycling. The project shall be in compliance with and supply all the necessary documentation for Antioch Municipal Code § 6-3.2: Construction and Demolition Debris Recycling.
City of Antioch On-Going
Building
Department /
Public Works
Prior to Issuance of Occupancy Permit Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
A7
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 5
14. Planning Inspection . Planning staff shall conduct a site visit to review exterior building elevations for architectural consistency with the approved plans and landscape installation (if required). All exterior finishing details including window trim, paint, gutters, downspouts, decking, guardrails, and driveway installation shall be in place prior to scheduling the final inspection.
City of Antioch Prior to
Occupancy Permit
Planning
Department
15. Debris Removal. All mud, dirt or construction debris carried off the construction site and shall be removed prior to scheduling the final Planning inspection. No materials shall be discharged onto a sidewalk, street, gutter, storm drain or creek.
City of Antioch Prior to
Occupancy Permit
Building
Department
16. Fire Prevention . A final Fire inspection shall occur to inspect all fire prevention systems constructed as part of the project. Inspections shall occur prior to final occupancy permit issuance.
City of Antioch Prior to
Occupancy Permit
Fire Dept
(CCCFPD)
Project Specific Conditions Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
17. Type 11 Cannabis Permit. This use permit approval applies to the operation of a Type -11 cannabis distribution facility as shown on the project plans and application materials submitted to the Community Development Department date stamped received March 16, 2022. Any forthcoming plans submitted for any purpose shall be entirely consistent with these received plans and application materials and conditions of approval herein.
City of Antioch On-Going
Community
Development
Department
18. Existing Permit . All conditions of approval contained in City Council Resolution 2019/60 are still applicable to the subject property unless modified herein.
City of Antioch On-Going
Community
Development
Department
A8
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 6
19. Hours of Operation. The hours of operation shall be from 8:00 AM – 8:00 PM. Any changes to the hours of operation shall be subject to the review and approval of the Zoning Administrator.
City of Antioch On-Going
Community
Development
Department
20. State Licensing. All necessary licenses from the State of California shall be obtained prior to opening. City of Antioch Prior to Occupancy Permit
Community
Development
Department
21. Delivery. All cannabis delivered to and from the site for the purpose of distribution shall take place in a caged/gated delivery area with a dedicated armed security guard to be present during all deliveries.
City of Antioch On-Going
Community
Development
Department
22. Operating Agreement. The applicant shall enter into a revised or new operating agreement with the City of Antioch reflecting the new distribution use prior to a certificate of occupancy being issued for the site. No business license shall be issued without an approved operating agreement.
City of Antioch Prior to
Occupancy Permit City Attorney
A9
REVISIONS
PROJECT
SHEET TITLE
SHEET NUMBER
PROJECT MANAGER:
TECHNICIAN:
DATE:
JOB NUMBER:
SEAL
agd # 451
ONE PLANT
2701 W 10TH STREET
ANTIOCH, CA 94509
APN: 074-051-029
CLIENT
ONE PLANT
CHRIS HESTER AND
SIDNEY DUNMORE
(916) 529-0028
[email protected]
ANDREW GOODWIN DESIGNS
2050 PARKER STREET
SAN LUIS OBISPO, CA 93401
t: (805) 439-1611
www.andrewgoodwin.us
architect: andrew goodwin, aia
[email protected]
ACG
AMM
CPENTID
·
ATTACHMENT B
B1
A
B
C
D
23 1
REVISIONS
PROJECT
SHEET TITLE
SHEET NUMBER
PROJECT MANAGER:
TECHNICIAN:
DATE:
JOB NUMBER:
SEAL
agd # 451
ONE PLANT
2701 W 10TH STREET
ANTIOCH, CA 94509
APN: 074-051-029
CLIENT
ONE PLANT
CHRIS HESTER AND
SIDNEY DUNMORE
(916) 529-0028
[email protected]
ANDREW GOODWIN DESIGNS
2050 PARKER STREET
SAN LUIS OBISPO, CA 93401
t: (805) 439-1611
www.andrewgoodwin.us
architect: andrew goodwin, aia
[email protected]
ACG
AMM
(101) LOADING DOCK
1838 S.F.
300 GROSS S.F./OCC.
6 OLF
(103) DRY STORAGE
3317 S.F.
200 GROSS S.F./OCC.
20 OLF
(113) OFFICE
99 S.F.
100 GROSS S.F./OCC.
1 OLF
(112) JANITOR
89 S.F.
ACCESSORY
(114) MEN'S
RESTROOM
110 S.F.
ACCESSORY
(115) WOMEN'S
RESTROOM
117 S.F.
ACCESSORY
(116) HALLWAY
422 S.F.
ACCESSORY
(102) OFFICE
98 S.F.
100 GROSS S.F./OCC.
1 OLF
SCALE: 1/8"=1'-0"
(120)
ROLL MATERIAL / FINISHED
PRODUCT STORAGE
719 S.F.
200 GROSS S.F./OCC.
4 OLF
(121)
PRE-ROLL PRODUCTION
& PACKAGING
730 S.F.
200 GROSS S.F./OCC.
4 OLF
(119) HALLWAY
500 S.F.
ACCESSORY
(118) DISTRIBUTION
198 S.F.
300 GROSS S.F./OCC.
1 OLF
(117) UNISEX
RESTROOM
56 S.F.
ACCESSORY
(122) REAR ENTRY
189 S.F.
ACCESSORY
B2
REVISIONS
PROJECT
SHEET TITLE
SHEET NUMBER
PROJECT MANAGER:
TECHNICIAN:
DATE:
JOB NUMBER:
SEAL
agd # 451
ONE PLANT
2701 W 10TH STREET
ANTIOCH, CA 94509
APN: 074-051-029
CLIENT
ONE PLANT
CHRIS HESTER AND
SIDNEY DUNMORE
(916) 529-0028
[email protected]
ANDREW GOODWIN DESIGNS
2050 PARKER STREET
SAN LUIS OBISPO, CA 93401
t: (805) 439-1611
www.andrewgoodwin.us
architect: andrew goodwin, aia
[email protected]
ACG
AMM
B3
(E) WINDOWS
(E) WINDOWS
A
23 1
B
C
D
A
B
C
D
23 1
REVISIONS
PROJECT
SHEET TITLE
SHEET NUMBER
PROJECT MANAGER:
TECHNICIAN:
DATE:
JOB NUMBER:
SEAL
agd # 451
ONE PLANT
2701 W 10TH STREET
ANTIOCH, CA 94509
APN: 074-051-029
CLIENT
ONE PLANT
CHRIS HESTER AND
SIDNEY DUNMORE
(916) 529-0028
[email protected]
ANDREW GOODWIN DESIGNS
2050 PARKER STREET
SAN LUIS OBISPO, CA 93401
t: (805) 439-1611
www.andrewgoodwin.us
architect: andrew goodwin, aia
[email protected]
ACG
AMM
LOADING DOCK
1838 S.F.
OFFICE
98 S.F.
DRY STORAGE
3317 S.F.
JANITOR
89 S.F.
OFFICE
99 S.F.
MEN'S RESTROOM
110 S.F.
WOMEN'S RESTROOM
117 S.F.
HALLWAY
422 S.F.
ROLL MATERIAL/
FINISHED PRODUCT STORAGE
719 S.F.
PRE-ROLL PRODUCTION
& PACKAGING
730 S.F.
HALLWAY
500 S.F.
REAR ENTRY
189 S.F.
STORAGE
198 S.F.
UNISEX R.R.
56 S.F.
B4
OFFICE #5
OFFICE #4
OFFICE #3 OFFICE #2 OFFICE #1
TRAINING ROOM
LUNCH ROOM
RECEPTION
SUPPLY
STAFF
WAITING AREA
(E) WINDOWS
(E) WINDOWS
A
23 1
CHECK-INWAITING ROOMOFFICESAFE STORAGE
RESTROOM
JANITOR
SAFE STORAGE
STORAGE
DISPENSARY
SERVER
B
C
D
REVISIONS
PROJECT
SHEET TITLE
SHEET NUMBER
PROJECT MANAGER:
TECHNICIAN:
DATE:
JOB NUMBER:
SEAL
agd # 451
ONE PLANT
2701 W 10TH STREET
ANTIOCH, CA 94509
APN: 074-051-029
CLIENT
ONE PLANT
CHRIS HESTER AND
SIDNEY DUNMORE
(916) 529-0028
[email protected]
ANDREW GOODWIN DESIGNS
2050 PARKER STREET
SAN LUIS OBISPO, CA 93401
t: (805) 439-1611
www.andrewgoodwin.us
architect: andrew goodwin, aia
[email protected]
ACG
AMM
LOADING DOCK
1838 S.F.
OFFICE
98 S.F.
DRY STORAGE
3317 S.F.
JANITOR
89 S.F.
OFFICE
99 S.F.
MEN'S RESTROOM
110 S.F.
WOMEN'S RESTROOM
117 S.F.
HALLWAY
422 S.F.
ROLL MATERIAL/
FINISHED PRODUCT STORAGE
719 S.F.
PRE-ROLL PRODUCTION
& PACKAGING
730 S.F.
HALLWAY
500 S.F.
STORAGE
198 S.F.
UNISEX R.R.
56 S.F.
REAR ENTRY
189 S.F.
B5
B6
Application Summary Sheet
2701 W. 10th Street
One Plant Distribution
To whom it may concern,
The following is a summary sheet regarding One Plant’s Cannabis Distribution application.
License Type: Distribution Only (To be added to our current retail license) Number of Employees: ~8
Hours of Operation: 8am – 8pm
Number of Delivers per Day: ~5-10
Square Footage Occupied by the Use: ~8,482 (See following partitions associated with plan set) • (116) Hallway – 422 S.F.
• (115) Women’s Restroom – 117 S.F.
• (114) Men’s Restroom – 110 S.F.
• (118) Distribution – 198 S.F.
• (117) Unisex Restroom – 56 S.F.
• (119) Hallway – 500 S.F.
• (120) Roll Material / Finished Product Storage – 719 S.F. • (121) Pre-Roll Production & Packaging – 730 S.F.
• (122) Rear Entry – 189 S.F.
• (112) Janitor – 89 S.F.
• (113) Office – 99 S.F.
• (103) Dry Storage – 3317 S.F.
• (102) Office – 98 S.F.
• (101) Loading Dock – 1838 S.F.
ATTACHMENT C
C1
Typical Daily Operations (Project Description):
• Opening procedures will be conducted in accordance to Company’s Standard Operating Procedures.
• Before receiving cannabis goods from a manufacturer, an inventory count on all current goods will be taken before accepting any new inventory in order to easily identify any loss or theft.
• It will be verified that a shipping manifest was received prior to the scheduled delivery or scheduled pick-up of the shipment. If there is no shipping manifest, the delivery will be refused or a pick-up will be refused.
• If information on the shipping manifest is suspect or inaccurate, clarification will be sought out or correction from the originating licensee but refusal of acceptance will occur if warranted.
• All rejected or returned cannabis will be recorded.
• Batches will be inspected for non-compliant labeling. • After formally accepting a shipment, the manifest will be uploaded and a detailed record of the shipment will be put into METRC.
• Once the batches have been accepted, inventory storage will commence. • When a delivery vehicle arrives in the loading area of the licensed premises containing the cannabis batches for storage, a wheeled device will be used to move the product securely and safely from the vehicle to the inventory storage room within the facility.
• Once at the inventory storage room, all environmental controls will be checked. • Distribution manager will be notified that the batches have been received, stored, recorded/logged in, and are ready to be tested.
• All cannabis goods received will be sampled and tested by a licensed testing facility in order to be released from storage prior to distribution. • All cannabis goods batches will be stored in containers specific for 1) cannabis to be distributed (after sampling has occurred) and 2) sampled batches, both being in the inventory storage areas.
• Within 24 hours of taking physical possession of a batch of cannabis goods from a manufacturer, the containers of batches awaiting testing will be stored in the designated area of the inventory storage room in a way that makes them separate and distinct from all other batches.
• All required information is entered into the chosen internal computerized seed-to- sale system and METRC
• Labels that contain all the information required by the BCC will be generated and affixed to all containers including a government warning label.
C2
• Employee from the independent testing laboratory will be checked in at the appointment time to acquire the products (sample batches) for testing. Those products are transported back to the independent laboratory and tested. • The sampled batches will be placed in a designated area of the inventory storage room, making the batches separate and distinct from all other batches in the storage room, where they will be stored until either they pass or fail testing. • When an order is received from another licensee, order will be confirmed by phone. • Payment is processed and record of the sale or transport of cannabis goods between licensees will be logged into METRC and the chosen internal computerized seed-to- sale system.
• A shipping manifest will be prepared and circulated.
• On the morning of transport, the goods will be identified on the shipping manifest and transferred to the shipping and receiving room.
• A final packaging and labeling check will commence before products are loaded into the delivery vehicle.
• Goods will be packed with a copy of the appropriate sales invoice to each bag, placed into one or more unmarked shipping containers with shipping manifest inside, and the containers will be locked afterwards.
• Containers will be verified to make sure they have an encrypted RFID tag attached to them before transport.
• Vehicles will be checked for enough fuel to reach the destination without the need for stops along the way.
• Unmarked transport vehicles will be pulled into the designated loading/unloading area in a place that is under video surveillance.
• Containers from shipping and receiving room will be then transferred to the transport vehicles. They will then be secured inside the windowless cargo section in the back of the unmarked transfer vehicle.
• Manifest will be securely transmitted to the Bureau of Cannabis Control and the licensee that will receive the cannabis goods prior to transporting cannabis or cannabis products.
• Transportation team members are trained on the following:
o Transportation vehicle safety
o Transportation incident reporting
o Cargo theft prevention measure
o Handling inventory
o Proper transportation protocol
• Routes are planned in a way that ensures that the days, times, and the routes themselves are randomized in order to thwart any possibility of robbery. • Prior to delivery, communication system and GPS device will be checked to make sure they are operational.
C3
• Using the mapping service, employee will begin the transportation route by driving to the first licensed premises. Employee shall not stray from the planned transportation route for any reason except for necessary rest, fuel, or vehicle repair stops.
• Once close to the premises of the receiving licensee, security personnel will be notified or the shipping/receiving manager.
• Containers will be detached with the cannabis goods from the enclosed, windowless cargo section of the back of the transportation vehicle and will be carried into the destination’s designated receiving location.
• Licensee will be provided with a copy of the shipping manifest, sales invoice, and the transportation bill of lading.
• Once accepted, licensee will be asked to sign the paper copy of the shipping manifest where it will be returned to the company’s facility. • Delivery procedure will be repeated for the consecutive identified stops on the route plan.
• All employees are required to render all unusual cannabis and cannabis goods before removing the waste from the licensed premises.
• Rendering of cannabis waste includes:
o Proper disposal of waste
o Inventory monitoring requirements
o Segregating the cannabis waste
o Record-keeping
• Containers for waste will be affixed with all the required batch and weight information before placing any waste scheduled for destruction within the container.
• The cannabis and cannabis plant material will then be placed into the cannabis waste container labeled “WASTE PRODUCT TO BE DESTROYED”. • The cannabis will then be rendered by two employees.
• Before rendering is complete, the waste is checked to be at least 50% non-cannabis waste from the incorporation of non-consumable solid wastes. • Cannabis waste is then secured in waste receptacles in possession and control of the company until the waste is disposed of by an authorized waste hauler. • All cannabis waste is then documented in the Waste Log. • Closing procedures will be conducted in accordance to Company’s Standard Operating Procedures.
C4
CITY OF ANTIOCH
CANNABIS BUSINESS USE PERMIT APPLICATION
ATTACHMENT A – APPLICATION FORM
PROPERTY LOCATION
Address: Assessor’s Parcel No.:
Zoning Designation: General Plan Land Use Designation:
PROJECT DESCRIPTION - Provide a basic description of the project below.
APPLICANT
Name:
Address:
City: State: Zip:
Telephone:
Email:
PROPERTY OWNER Ƒ Same as applicant
Name:
Address:
City: State: Zip:
Telephone:
Email:
FOR OFFICE USE ONLY
DATE RECEIVED:
FILE NO:
PLANNER:
:WK6WUHHW
3%& %XVLQHVV3DUN
&RPPHUFLDO&DQQDELV'LVWULEXWLRQ
Three Habitat Consulting Antioch LLC
2FHDQ$YHQXH6XLWH$
6DQWD0RQLFD &$
DGDP#RQHSODQWOLIH
4 Bros Antioch LP
200 Spectrum Center Drive, Suite 300
92618Irvine &$
(905) 479-8762
[email protected]
ATTACHMENT D
D1
ANTl�CH CITY OF ANTIOCH CALIFORNIA
CANNABIS BUSINESS USE PERMIT APPLICATION 0 P RlUN TY EH
REQUIRED SIGNATURES
As part of this application, applicant and real party in interest, if different, agrees to defend, indemnify, hold harmless, and release the City of Antioch, its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against any of the above, the purpose of which is to attack, set aside, void, or annul the approval of this application and/or the environmental document which accompanies it. This indemnification obligation shall include, but not be limited to, damages, costs, expenses, attorney's fees, or expert witness fees that may be asserted by any person or entity, including the applicant, arising out of or in connection with the approval of this application, whether or not there is concurrent passive or active negligence on the part of the City of Antioch, its agents, officers, attorneys, or employees.
I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this application to the best of my ability and that the facts, statements and information presented are true and correct to the best of my knowledge and belief.
I understand that charges for materials and staff time s1,;1ent 1,;1rocesslng this a1,;11,;1lication will be billed monthlll and is based on an hourll£ rate as identified In the current fiscal l£ear fee schedule. Application processing includes but is not limited to plan checking and processing, meetings, phone calls, research, e-mail, and staff report preparation. Further, I understand that my initial deposit is not a fee and actual charges may be in excess of the deposit. The deposit will be returned to me at the conclusion of the process after all invoices have been paid. If invoices are not paid on a monthly basis, processing will be terminated until all past due amounts have been paid. Failure to pay invoices on a monthly basis may also result in an application being deemed incomplete; postponement of hearings or meetings; and/or inability to obtain a building permit. Failure to pay invoices on a monthly invoice may also result in the placement of a lien on the subject property. I assume full responsibility for all costs incurred by the City in processing this application. Further, I understand that approval of my project is NOT guaranteed and may be denied. In the case of a denial, I understand that I am still responsible for all costs incurred by the City in processing this application. I hereby authorize employees. officials and agents of the City of Antioch to enter upon the subject property, as necessary, to inspect the premises and process this application.
Executed at: California - Signed Online Dated:
{City/State) 7/27/2021
Adam Wilks 7/27/2021 4 Bros Antioch LP 7/27/2021
Applicant's Name Date Property Owner's Name• ' Date
x/Ml/4- X � ,re-�rrrx·
Applicant's Signature Property Owner's Signahve
l
• Real Party in Interest may be different than a listed property owner. If property is held by a trust. th�al party in interest would be one or more individuals who benefit from the trust. In such a case, the actual beneficiary or real party in interest must sign instead of property trustee.
(Signing on behalf of Three Habitat Consulting Antioch LLC) D2
ATTACHMENT E
E1
E2
E3
E4
E5
E6
E7
E8
E9
City of Antioch Commercial Distribution
Business Application Package
Neighborhood, Community, and Employee Relations Plan
ATTACHMENT F
F1
Employee Training Overview
Applicant understands that the proper training of employees and members of management is the cornerstone to providing safe, conscientious service to patients, customers and the greater community of Antioch. In order to ensure that all employees understand the importance of protecting patient privacy and adhering to HIPAA and other confidentiality regulations, Applicant will work with third-party trainers, such as ServSafe certifiers and METRC™ trainers, as well as local law enforcement to develop and collect feedback following each training program. The Director of Operations, will be responsible for the development, implementation, and oversight of training material, and will summarize training materials for employees. Adam will also be responsible for designing assessment materials which all employees must pass, initially upon hire, and quarterly thereafter. Training materials will be provided in written and electronic formats, which all employees will have access to.
Before becoming authorized to handle cannabis at One Plant's Distribution Center, employees will participate in a comprehensive training program with particular emphasis on safety programs. Safety training, described in greater detail herein, will cover the ways in which employees are expected to handle emergencies and safety related issues at the Distribution Center.
Safety and Security Training
Applicant acknowledges that all employees hired by the Distribution Center must participate in safety training. Applicant will facilitate the following Safety and Emergency Response Training Program, ensuring that all members of the team understand how to properly handle emergency situations at the Distribution Center:
Table 1: Safety and Security Training
Training Name
Annual
Training
Length
Summary of Training
Emergency
Action Response
Planning
3 Hours
Applicant feels strongly that all team members should
understand the security measures in place at the
Distribution Center and each employee’s response in
the event of a security emergency including, but not
limited to, armed robbery. All employees will be
trained to identify both security and medical
F2
emergencies and to respond accordingly.
Response includes notifying proper members of
management as well as enforcement and medical
emergency first responders.
Employee
Accident
Reporting and
Investigation
Policies
2 Hours
Training and instruction for employees regarding
the appropriate method to report an incident to a
supervisor and how to properly document
accidents, emergency situations, and adverse
events.
Fire Prevention
and Fire Safety 3 Hours
Addresses the roles of employees as it pertains to
understanding of the various threats and hazards
that are most likely to cause a fire within the facility, as advised by OSHA’s Fire Safety in the Workplace
curriculum. Employees will have clear definition of
their respectives roles in preventing fires, and
maintaining safety protocols in the event of a fire.
Hazard
Communication
Training
2 Hours
Training will be aligned with OSHA’s Hazard
Communication Program to train and educate
employees on the safe handling, proper storage,
and emergency procedures for hazardous
substances and hazardous waste.
Maintaining and
Understanding
Material Safety
Data Sheets
(MSDS)
1 Hour
Training and instruction includes accurate
documentation of potentially hazardous substances,
storage and access to MSDS documents for each
type of hazardous substance, and MSDS measures
for handling hazardous waste.
Storage and
Handling Training 3 Hours
Sanitation and hygiene training will instruct
employees on the proper handling of consumable
goods, and includes food-grade storage, cleaning
and sterilization practices, and biological
contamination prevention. Training will include
proper storage measures to prevent deterioration or
degradation.
Personal
Protective
Equipment (PPE)
Usage Training
1 Hour
PPE will serve as a barrier from hazards, but also
protects sterile environments from contamination
from bodily contact. As necessary, employees will
be instructed on the proper use of PPE when
handling cannabis waste or hazardous substances.
F3
Contact Sheets and Emergency Communications
The Director of Operations will maintain current contact sheets to facilitate efficient, rapid communications in the event of an emergency. Each contact sheet will be posted next to all phones within the Distribution Center, and will be disseminated by email, as well as in hard copy, to employees during the employee on-boarding process. While the regulations require contact information for emergency responders, poison control and the Management Team, Applicant has also included contact information for area hospitals and urgent care clinics.
See Next Page For Sample Emergency Contact Sheet
F4
Sample Emergency Contact Sheet
Training Records
Records will be maintained for all One Plant employees so the Company has a clear understanding of which employees have completed trainings, and whether or not additional trainings will be necessary for an employee based on insufficient scores on required assessments. A Certificate of Completion will be awarded to employees upon training completion and will be kept on file in accordance with our record keeping plan and HR policies. Our proposed Distribution Center is committed to maintaining a transparent and fully accountable set of employee training records for internal and external audits, and review by the City of Antioch (City) or the Bureau of Cannabis Control (Bureau)
, at
F5
Feedback Programs
If any member of the Antioch community has a concern or complaint with regard to facility operations, they will be able to submit the concern through either our online submission forum, located on our website, or using a comment drop box located within the Distribution Center. These two feedback mechanisms will allow people to share their comments, complaints or concerns directly with our Management Team.
Applicant will check the online forum daily and will respond to community members directly via the online forum or by phone, when applicable.
The Management Team will voluntarily produce a quarterly Community Assessment Report that outlines the most important concerns raised by the community and their respective responses. Results will be reviewed on a quarterly basis by the entire management team so that the company can address and respond effectively to concerns. Applicant is prepared to make adjustments to day-to-day operations should there be any identified negative effects on the community. Trainings and SOPs will be reevaluated when concerns are presented and, should significant changes be required of our procedures, mandatory training will be held for employees to ensure understanding across all teams.
Beyond establishing these two forums for obtaining feedback, the Applicant will also pro-actively seek feedback from all neighboring businesses within 300 feet of the Distribution Center a minimum of two (2) times per year. Applicant acknowledges that each neighboring business may wish to communicate concerns or ideas in a different manner. To accommodate this, the Applicant’s Management Team will offer to meet at the neighboring businesses to speak directly with the owners of these companies. We will also offer meetings at the Distribution/mnaufacturing Center, should any neighboring business be interested in learning more about our business.
Ongoing Public Information Program
Applicant will deploy an ongoing Public Information Meeting series, designed to inform City residents of cannabis issues while informing residents about cannabis products and the proper, safe and legal ways cannabis products should be used.
Applicant will host four (4 Public Information Meetings per year, one per quarter.
Applicant will obtain City approval of each meeting prior to holding the meeting.
Applicant’s proposed format for these meetings is as follows:
all times. All records of employee training and certifications will be maintained by the Human Resources (HR) department.
All physical documents concerning employee training and certifications will be stored in the Document Storage Area of the office, located in the restricted access area of the proposed Distribution Center. All physical records will be retained for a minimum of two years and available for immediate retrieval upon request by the City, Bureau, or any other authorized authority.
F6
1. Applicant will identify a venue off premises to host members of the community interested in learning more about our business, as well as general cannabis information.
2. Applicant will publicize the meetings on our website, through social media, by posting the meeting schedule at the Distribution Center and by communicating the meeting time and date with neighbors, City council and other community partners.
3. Each meeting will include:
a. Scheduled Learning Topic
i. These may include, but are not limited to: exploring various distribution systems; explaining various product categories and the cannabis brands and products within each category; discussions surrounding the proper dosing of cannabis; and alignment between cannabis products and medical conditions.
b. Question and Answer Session
i. Attendees will always have the opportunity to ask questions at the conclusion of the meeting. The Applicant’s Management Team will also remain after the meeting to answer questions privately, should attendees wish to speak with a member of our team on a more personal level.
Public Relations
Applicant will address the unique challenges of operating a successful cannabis business with neighborhood compatibility in mind; a primary goal of our operations will be to minimize or eliminate any disturbances to those living or operating businesses near our facility so we can conduct business in a way that upholds our commitment to excellence, compliance and community stewardship. Applicant has developed a plan to filter air and ensure no detectable odors escape the Distribution premise, as described in further detail in the response to Records and Inventory. As a
component of this plan, a commercial-grade activated carbon air filtration system will be installed to effectively mitigate the likelihood of odor escaping the Distribution Center.
Applicant will post signage that spells out the “Prohibited Conduct Involving Marijuana and Marijuana Products” contained in Health and Safety Code in a conspicuous manner on the business premises for the education of patrons. The City shall develop a standard format and content for such signs.
As part of our commitment to education, Applicant will develop and implement an in-depth mandatory staff training program.
Employee training will occur in both an
educational, classroom style, as well as a practical, hands-on display of comprehension. Training topics will be vast and include information on fire safety, medical emergencies, and security, among others. Our training program will ensure all staff members are apprised of the most current local ordinances and state rules and regulations relevant to their position along with odor mitigation protocols.
F7
To ensure that the most critical information cascades through the enterprise quickly and accurately, important updates will be posted in common areas and sent via email to an all-staff distribution list. These updates may include information on regulatory changes, adjustments to Company policies, or information pertaining to employee rights. Before operations commence, Applicant will print, frame and prominently display our state and city licenses within the facility.
Applicant has established partnerships with experts in the cannabis industry to develop standard operating procedures (SOPs and strategies that are innovative and highly effective. Applicant will conduct operations only between the hours of 8 a.m. and 8 p.m., and the facility will not play music or produce any other sound that may be detected at a disruptive volume during operations. Cannabis products will only be sold to qualifying purchasers between the hours of 8 a.m. and 8 p.m. 10 to 19 Employees will be involved with the Distribution Center. Sampling of products and/or supplies on premises will be strictly prohibited.
F8
Sourcing from Local Vendors
Upon obtaining a license, Applicant will institute a program called ‘Antioch First,’ which mandates that every member of our company selecting a third-party vendor or supplier first review a list of prequalified companies directly from the City of Antioch. Applicant aims to work with local businesses and contractors whenever possible, pursuing mutually beneficial relationships that promote the local community while allowing Antioch to flourish. Examples of services and goods Applicant will be in need of upon licensure and during operations include, but are not limited to:
construction and engineering; equipment supply; packaging; waste management; laundering services; graphic design and printing; merchandise; technology providers; and Distribution Center design experts, among others.
Working side-by-side with the diverse residents and businesses of our community will enrich our company culture and ensure seamless integration as our business grows. We aim to be a role model employer and pillar of exemplary company values and business ethics, as we feel these elements truly uphold our definition of success. We will build business partnerships with other commercial entities and small businesses that share our ethics, culture and values to support and enrich the lives of local residents and patients while contributing to the development of Antioch's economy.
F9
World Class Security
Expert Security Personnel
Applicant has engaged Chris Hester to serve as Security Director. Chris, an honorably discharged Marine Corps Veteran, is no stranger to strict protocol and ensuring the security and safety of people and premise. In this role Chris, will call upon his experience adhering to regulatory guidelines and transparent communication to refine and implement thorough security procedures. The Security Director will oversee all security personnel, the installation and maintenance of security equipment such as alarms and surveillance cameras, and for ensuring that the security measures implemented within the Distribution Center translate to a more secure business that will be a welcome addition to the surrounding community. He will also review all candidate background check information, including driving record information for driver candidates.
Enhancing Community Security
Compliance, innovation, safety and excellence lay the foundation for successful operations, and Applicant’s security plan exemplifies this commitment. The Security Director will oversee the development, implementation and management of the security plan. Through careful implementation of premise control measures, Applicant will maintain a safe, clean, and attractive premise, complete with an on-site security presence. The Distribution Center will have a multi-tiered and sophisticated security system, with layers of surveillance cameras used both inside and outside the premise, as well as security guards to further ensure safety. The Distribution Center will be secured by implementing the following additional security features:
● Installation of cameras capable of meeting the minimum recording requirements; ● Use of digital archiving devices;
● Installation of locking doors with electronic access key fobs to prevent unauthorized access to, and within, the Distribution Center; ● Installation of sufficient lighting for the exterior, parking areas, and facility entrances and exits;
● Frequent inspections of all equipment and physical security features to ensure working order and functionality;
F10
● Proactive hosting of city and state officials, including members of law enforcement and the fire department to co-evaluate the Distribution Center's security measures and to ensure that members of law enforcement understand the various access points in the event of an emergency; ● Training of all staff, and extensive, ongoing training of security staff; and ● Implementation of a Zero Tolerance Policy with regard to consumption of drugs and alcohol on Company premises.
Applicant will ensure that all security measures are maintained to the highest degree of effectiveness and will adopt new innovative security measures as they become available and/or are required by the state of California or City of Antioch. The Distribution Center and surrounding vicinity will be patrolled regularly to prevent loitering, and business practices will be implemented to mitigate potential disturbances to our neighbors and surrounding businesses, such as unwarranted noise, odor, litter, or graffiti.
These security systems will have a compounding positive impact on the neighborhood. Applicant will forge key partnerships with the community, neighboring local businesses, and law enforcement to maintain open communication, enabling a culture of absolute transparency and facilitating coverage to deter overall crime.
Our Commitment to Safe Citizens
Adding to the veil of security described above, Applicant will pursue community-based safety and security trainings in an effort to equip employees with the skills required to handle emergency situations or respond to threats, including self defense training, tourniquet training, or CPR training. These trainings support the Applicant’s goal of promoting education and leaving a lasting, positive impact on Antioch. Applicant will work with Antioch’s Community Emergency Response Team (CERT. Members of Applicant’s staff will be encouraged to serve on the county’s CERT program to aid in emergency scenarios or other events in which additional security and safety personnel is required. As a veteran, Chris Hester will also be tasked with connecting to Antioch’s veteran community. Applicant recognizes not only the extreme importance of implementing an uncompromising security program, but also the opportunity that exists to work hand-in-hand with local law enforcement to improve the safety and preparedness of Antioch, as a whole.
Conclusion
Applicant plans to become more than a business that provides cannabis to qualified patrons; it will become a welcomed, trusted, and valued member of the community and a model of exemplary company principles and culture. Applicant is committed to actively serving the community as a responsible employer and neighbor.
Through strict compliance with Antioch’s City regulations, as well as California state laws and regulations, and by continuing open communication with neighbors and community members, Applicant will make a positive impact on the surrounding area.
This focus will be embodied in every aspect of business operations.
F11
By creating jobs, engaging in strong business relationships with local companies and organizations, educating the community, and providing the safest and highest quality cannabis products and service, Applicant will create an impact on the local economy for generations to come.
Applicant’s executive and management team will meet regularly to discuss the Company’s objectives and progress toward reaching each community related goal established by the Company. All-staff meetings, will be hosted at least twice annually, to discuss the Company’s involvement in the community and encourage all employees to contribute ideas on how best to serve the community. While this neighborhood and community involvement response has been thoughtfully prepared, Applicant’s team understands that community engagement must be a living process, evolving as the needs of Antioch evolve.
F12
RESOLUTION NO. 2019/ 60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A USE PERMIT ( UP- 18- 15) FOR CANNABIS DISPENSARY WITH DELIVERY LOCATED AT 2701 WEST 10TH STREET
WHEREAS, One Plant requests approval of use permit for a cannabis dispensary with delivery ( APN 074- 051- 029); and,
WHEREAS, this project is Categorically Exempt from the provisions of CEQA, pursuant to section 15301 ; and,
WHEREAS, the Planning Commission on March 6, 2019, duly held a public hearing and received and considered evidence, both oral and documentary and recommended the approval of the Use Permit; and,
WHEREAS, the City Council duly gave notice of public hearing as required by law; and,
WHEREAS, on April 23, 2019, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary; NOW THEREFORE IT BE RESOLVED that the City Council does hereby make the following findings for approval of a Cannabis Business Use Permit:
1. The granting of such Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.
The proposed cannabis dispensary includes multiple conditions of approval to ensure the project will not be detrimental to public health or welfare. On- site armed security is required at all times with annual audits of the site security plan required. The business shall also maintain on- site odor control so that cannabis related odors are not readily detected outside the structure.
Based upon the conditions imposed, the cannabis dispensary use will not create adverse impacts to the surrounding businesses and residents.
2. The use applied at the location indicated is properly one for which a Use Permit is authorized.
The site is zoned Cannabis Overlay District. The Cannabis Overlay District allows cannabis dispensaries with the approval of a use permit by City Council.
3. That the site for the proposed use is adequate in size and shape to accommodate such use, and all parking, and other features required.
ATTACHMENT G
G1
RESOLUTION NO. 2019/ 60
April 23, 2019
The proposed cannabis dispensary will take place in an existing commercial building with ample parking. The site has a secure area for cannabis deliveries.
4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.
The project site is currently developed and is located at the intersection of Verne Roberts Circle and West Tenth Street, which are adequate in width and pavement type to carry the traffic generated by the proposed use.
5. The granting of such Use Permit will not adversely affect the comprehensive General Plan.
The use will not adversely affect the comprehensive General Plan because the project is consistent with the General Plan designation for the site of Business Park.
6. That the location and site characteristics of the proposed cannabis business are consistent with all applicable State laws and City standards or guidelines, that all provisions have been made to ensure that the operation of the cannabis business will not create excessive demands for police service or other public services, and that the cannabis business will benefit the City of Antioch.
The conditions of approval on the project are consistent with the cannabis guidelines. The security plan has been reviewed by the Antioch Police Department and security conditions have been included per their direction.
The sales taxes generated by the sale of cannabis and the development agreement between the applicant and the city will provide a financial benefit to the City of Antioch.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Antioch does hereby APPROVE the use permit for a cannabis dispensary with delivery, located at 2701 West 10th Street ( APN 074- 051- 029) subject to the following conditions:
A. GENERAL CONDITIONS
1 . The project shall comply with the Antioch Municipal Code. All construction shall conform to the requirements of the California Building Code and City of Antioch standards.
2. The applicant shall defend, indemnify, and hold harmless the City in any action brought by a third party to challenge the land use entitlement. In addition, if there G2
RESOLUTION NO. 2019/ 60
April 23, 2019
is any referendum or other election action to contest or overturn these approvals, the applicant shall either withdraw the application or pay all City costs for such an election.
3. The project shall be implemented as indicated on the application form and accompanying materials provided to the City and in compliance with the Antioch Municipal Code, or as amended by the Planning Commission or City Council.
4. No building permit will be issued unless the plan conforms to the project description and materials as approved by the City Council and the standards of the City.
5. This approval expires two years from the date of approval by the City Council, April 23, 2021 , unless an extension has been approved by the Zoning Administrator.
Requests for extensions must be received in writing with the appropriate fees prior to the expiration of this approval. No more than one one- year extension shall be granted.
6. No permits or approvals, whether discretionary or ministerial, shall be considered if the applicant is not current on fees, reimbursement payments, and any other payments that are due.
7. City staff shall inspect the site for compliance with conditions of approval prior to the issuance of a Certificate of Occupancy or commencement of the business.
8. The applicant shall obtain an encroachment permit for all work to be done within the public right- of- way.
B. CONSTRUCTION CONDITIONS
1. The use of construction equipment shall comply with AMC § 5- 17. 04 and 5- 17. 05, or as approved in writing by the City Manager.
2. The project shall be in compliance with and supply all the necessary documentation for AMC § 6-3.2: Construction and Demolition Debris Recycling.
3. Building permits shall be secured for all proposed construction associated with this facility, including any interior improvements not expressly evident on the plans submitted.
4. Standard dust control methods shall be used to stabilize the dust generated by construction activities.
G3
RESOLUTION NO. 2019/ 60
April 23, 2019
C. AGENCY REQUIREMENTS
1. All requirements of the Contra Costa County Fire Protection District shall be met, including:
a. The owner/ contractor shall submit a minimum of two ( 2) complete sets of plans and specifications of the subject project to the Fire District for review and approval prior to construction to ensure compliance with minimum requirements related to fire and life safety. Plan review and inspection fees shall be submitted at the time of plan review submittal. ( 105. 4. 1) CFC, ( 107) CBC
b. Fire District approval is required before any expansion of the business or processes other than retail sales.
c. Provide quantity, type and location of any hazardous materials to be stored and used on the site with tenant improvement plans
D. FEES
1 . The applicant shall pay all City fees which have been established by the City Council and as required by the Antioch Municipal Code.
2. The applicant shall pay all required fees at the time of building permit issuance.
E. PROPERTY MAINTENANCE
1. No illegal signs, pennants, banners, balloons, flags, or streamers shall be used on this site at any time.
2. The site shall be kept clean of all debris ( boxes, junk, garbage, etc.) at all times.
F. PROJECT- SPECIFIC REQUIREMENTS
1. This use permit approval applies to the operation of a cannabis dispensary with delivery as depicted on the project plans and application materials submitted to the Community Development Department. Any forthcoming plans submitted for any purpose shall be entirely consistent with these received plans and application materials and conditions of approval herein.
2. The hours of operation shall be from 8: 00 AM — 8: 00 PM.
3. All necessary licenses from the State of California shall be obtained prior to opening.
G4
RESOLUTION NO. 2019/ 60
April 23, 2019
4. All persons entering the business must be at least 21 years of age with a valid identification card. An electronic reader shall be used to read and validate identification cards.
5. No smoking or ingestion of cannabis products on-site is allowed.
6. No free samples of cannabis products are allowed.
7. Cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.
8. Cannabis related waste shall be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.
9. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the premises during business hours if directly related to patrons of the business.
10. A copy of this use permit and City of Antioch business license, as well as any other State licenses, shall be on display during business hours and in a conspicuous place so that they may be readily seen by all persons entering the facility.
11. No signs, tinting, or other graphic material may be used to obscure the storefront windows.
12. No drive- through, drive- up, or walk- up window services are allowed.
13. Any expansion into the unused portions of the building shown on the project plans, beyond additional office or storage place, shall require a new use permit. The unused portion of the building cannot be used for any business not related to the operations of One Plant.
14. No fewer than two uniformed and armed security guards who are employed by a Private Patrol Operator ( Security Company) who is currently licensed with the California Department of Consumer Affairs shall be on- site during business operating hours. One armed security guard shall be on-site at all times, even when the facility is closed. A copy of the contract with the Security Company shall be provided to the Community Development Director for review and approval prior to issuance of a certificate of occupancy. Should there be a change in the security private patrol operator or in the liability insurance of the applicant, the Community Development Director shall be notified within 5 business days.
G5
RESOLUTION NO. 2019/ 60
April 23, 2019
15. The name of the Security Company, proof of liability insurance including a copy of all exceptions, their State license number, and the guard registration numbers for the employed guards shall be provided to the Community Development Department. Should there be a change in the security private patrol operator or in the liability insurance of the applicant, the Community Development Director shall be notified within 5 business days.
16. The City Council may require modification, discontinuance or revocation of this use permit if it finds that the use is operated or maintained in a manner that it:
Adversely affects the health, peace or safety of persons living or working in the surrounding area; or
Contributes to a public nuisance; or
Has resulted in excessive nuisance activities including disturbances of the peace, illegal drug activity, diversion of Cannabis or Cannabis Products, public intoxication, smoking in public, harassment of passersby, littering, or obstruction of any street, sidewalk or public way; or
Has resulted in or has been the target of criminal activity requiring undue attention and dedication of the Antioch Police Department resources; or Violates any provision of Antioch Municipal Code or condition imposed by a City issued permit, or violates any provision of any other local, state, regulation, or order including those of state law or violates any condition imposed by permits or licenses issued in compliance with those laws.
Results in more than three distinct unresolved odor complaints in a twelve 12) month period.
17. The business shall incorporate and maintain adequate on- site odor control measures in such a manner that the odors of cannabis and cannabis- related products shall not be readily detected from outside of the structure in which the business operates or from other non- Cannabis businesses adjacent to the site.
18. During regular business hours, all cannabis business premises shall be accessible, upon request, to an authorized City employee or representative for random and/ or unannounced inspections. The cannabis business may be charged a fee for any inspections.
19. An annual audit of the site' s security plan shall be submitted to the Antioch Police Department. The audit shall be conducted by City staff or a third- party company subject to the approval of the Antioch Police Department.
20. All points of ingress and egress to the business shall be secured with Building Code compliant commercial- grade, non- residential door locks and/ or window locks. Entry and exit doors to restricted cannabis areas shall be made of reinforced metal with metal frames and have a security lock system.
G6
RESOLUTION NO. 2019/ 60
April 23, 2019
21. Building signage shall not state that cannabis or cannabis products are stored, sold or handled on the site. Images of cannabis leaves, green crosses, or similar commonly- identifiable graphics are not allowed. All building signage shall be subject to staff review and approval.
22. All barbed wire at the site shall be removed.
23. A revised photometric plan showing a minimum two- foot candle in the parking lot shall be submitted with the building permit application. Any additional parking lot lighting necessary to meet this requirement shall be architecturally compatible with the existing parking lot lighting.
24. Any proposed exterior changes to the site shall be shown on the building permit plan submittal. Exterior changes may be subject to administrative design review approval.
25. The only cannabis paraphernalia allowed to be sold at the site are vape pens, vape pen batteries, and chargers unless the sale of additional paraphernalia is approved in writing by the Community Development Director.
26. Delivery vehicles shall not contain identifiable markings that associate the delivery service with the cannabis business.
27. The loading and unloading of vehicles for delivery of cannabis shall be conducted in a secured, gated or enclosed area.
28. All delivery of cannabis to the site shall take place in a caged/ gated delivery area with a dedicated armed security guard to be present during all deliveries.
29. Bollards shall be placed on the site in front of windows and doors that make the site vulnerable to a " smash and grab" scenario. The location of the bollards shall be subject to the review and approval of the Antioch Police Department prior to issuance of building permits for the project.
30. Visible signage shall be placed at the entrance of the facility notifying the public of surveillance on site.
31. Prior to a certificate of occupancy being issued for the site, the Antioch Police Department shall conduct a site inspection to assess the security of the site. Any changes the Antioch Police Department deems necessary upon site inspection shall be incorporated into a revised site security plan that is then submitted for their review and approval. No certificate of occupancy will be issued without final approval of a site security plan by the Antioch Police Department.
G7
RESOLUTION NO. 2019/ 60
April 23, 2019
32. Security measures shall be designed to ensure emergency access is provided to the Antioch Police Department and the Contra Costa Fire Department for all areas on the premises in case of an emergency.
33. Security surveillance cameras shall be installed and maintained in good working order to provide coverage on a twenty- four ( 24) hour real- time basis of all internal and external areas of the site where cannabis is stored, transferred and dispensed, where any money is handled, and all parking areas. The cameras shall be oriented in a manner that provides clear and certain identification of all individuals within those areas. Cameras shall remain active at all times and be capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for a minimum of sixty ( 60) days.
34. A professionally monitored security alarm system shall be installed and maintained in good working condition. The alarm system shall include sensors to detect entry exit from all secure areas and all windows. The name and contact information of the alarm system installation and monitoring company shall be kept as part of the onsite books and records.
35. A local contact who will be responsible for addressing security and safety issues shall be provided to, and kept current with, the Antioch Police Department.
36. The applicant shall enter into a development agreement with the City of Antioch prior to a certificate of occupancy being issued for the site. No business license shall be issued without an approved development agreement.
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of Antioch, County of Contra Costa, State of California, at a regular meeting of said City Council held on the 23rd day of April 2019, by the following vote:
AYES: Council Members Wilson, Motts, Thorpe and Mayor Wright NOES: Council Member Ogorchock
ABSENT: None
ABSTAIN: None
ARNE SIMONSEN, CMC
CITY CLERK OF THE CITY OF ANTIOCH
G8
ATTACHMENT H
H1
H2
Antioch City Council Report
August 23, 2022 Agenda Item #6
Page | 2
Image 1. Site Location
Image 2. Street View of Subject Property
Antioch City Council Report
August 23, 2022 Agenda Item #6
Page | 3
Environmental Review
This project has been determined to be Categorically Exempt from the provisions of CEQA, pursuant to Section 15301 – Class 1 “Existing Facilities.” The cannabis dispensary will occupy space in an existing commercial building with no physical expansion proposed.
BACKGROUND
Antioch Municipal Code (AMC) Section 9 -5.3845 is contained in the Zoning Ordinance and provides the zoning and operational standards for cannabis businesses, and establishes a unique approval process.
On October 26, 2021 the Antioch City Council adopted Amendments to the Cannabis Business Ordinance by approval of Ordinance No. 2199 -C-S. The purpose of the amendments was to allow retail cannabis dispensaries in the Downtown Specific Plan area and the Somersville District, to modify the definition of sensitive uses to match state standards, and to establish location restrictions in each of the areas between retail cannabis businesses and between a cannabis business and a sensitive use.
Planning Commission Hearing
On June 1, 2022 the Planning Commission voted 5-0 to recommend that the City Council approve the Use Permit to operate a retail cannabis dispensary at the project site.
ANALYSIS
Project Overview
The applicant proposes to establish a retai l cannabis dispensary at 300 G Street. The hours of operation will be from 8:00 AM to 8:00 PM seven (7) days a week. The operation will consist of the on-site sale of retail cannabis products. There will be no retail delivery of cannabis products from thi s location. The applicant is the owner of the building and intends to select an operator for the dispensary after the project entitlements have been secured. The future operator will be required to comply with all application requirements and Conditions of Approval. They will also be required to enter into an operating agreement with the City that is subject to City Council approval.
The retail sales will be conducted in an approximately 1,500 square foot sales area. All customers must enter the lobby first and present a valid identification to a security guard prior to entering the sales area. A detailed description of the cannabis retail operations is included as Attachment B to the staff report.
In addition to retail cannabis, the applicant is proposing to sell rolling papers, pipes, vape pens, vape pen batteries, and chargers which are used to administer cannabis Antioch City Council Report
August 23, 2022 Agenda Item #6
Page | 4
concentrates. The cannabis guidelines prohibit the sale of cannabis related paraphernalia unless explicitly authorized through the use permit. A project specific C ondition of Approval is included and limits the cannabis paraphernalia sold on site unless approved in writing by the Zoning Administrator.
Project Specific Condition
39. Paraphernalia. The only cannabis paraphernalia allowed to be sold at the site are pipes, rolling papers, vape pens, vape pen batteries, and chargers unless approved in writing by the Zoning Administrator.
Site Plan
The site is approximately .25 acres in size with two buildings that total approximately 10,300 sq. ft. There is a private alleyway at the western end of the property. The proposed cannabis dispensary will occupy the 6,800 square foot building at the northern portion of the site. Construction improvements includes tenant improvements and the installation of a new wrought iron gate at the alleyway entrance at the western end of the site.
The building entrance is at the corner of 3 rd and G Streets and will contain a 685 sq. ft. lobby where customers are required to check in with security personnel and provide valid identification before being allowed to enter the sales area. A retail salesroom will be located beyond the lobby . The salesroom is app roximately 1,500 square feet. The remainder of the building is comprised of storage area and office space.
The proposed site is located in the Mixed -Use zone within the Downtown Specific Plan .
Off-street parking is not provided or required. All customer and employee parking will be on downtown city streets and nearby public parking lots. All cannabis deliveries to the site will occur in the private alleyway on the western end of the site behind a secure gate with an armed security guard present.
Security Plan
As part of their application the applicant submitted a security plan for the site. The security plan addresses the following issues:
• Electronic security such as motion sensors, controlled access areas, and surveillance cameras.
• Compliance and procedures such as inventory management, cash handling, and employee training.
• On site physical security services related to the number of physical security guards present at the site.
The security plan was reviewed by the Antioch Police Department. The applicant participated in a pre-application conference with City staff that included a representative from the Police Department. In this meeting the Police Department representative Antioch City Council Report
August 23, 2022 Agenda Item #6
Page | 5
communicated their expectations for site security and provided feedback on the proposed project. As part of the entitlement application, a formal security plan was submitted which was then reviewed by the Police Department. The proposed security plan is consistent with the security expectations detailed in the Cannabis Guidelines.
Staff has included a project specific C ondition of Approval requiring the Antioch Police Department to conduct a site inspection to assess the security of the site prior to a Certificate of Occupancy being issued for the site.
Project Specific Condition
43. Police Inspection. Prior to a certificate of occupancy being issued for the site, the Antioch Police Department shall conduct a site inspection to assess the security of the site. Any changes the Antioch Police Department deems necessary upon site inspection shall be incorporated into a revised site security plan that is then submitted for their review and approval. No certificate of occupancy will be issued without final approval of a site security plan by the Antioch Police Department.
Operational Issues
Staff has included conditions of approval to mitigate the potential off -site impacts of the proposed cannabis business. The applicant has submitted an odor mitigation plan certified by a registered professional engineer that demonstrates the measures they will take to ensure that cannabis odors will not be detected at or beyond the site. Staff has included a Condition of Approval requiring that adequate on -site odor control measures are maintained at all times and that cannabis odors cannot be readily dete cted outside the structure in which the business operates.
Staff has also included a Condition of Approval addressing site management and requiring the cannabis business operator to take “reasonable steps” to discourage and address objectionable conditio ns that constitute a nuisance on sidewalks, and areas surrounding the premises during business hours if directly related to patrons of the business. Additionally, a Condition of Approval prohibiting the smoking or ingestion of cannabis products on-site is also included.
ATTACHMENTS
A. Resolution recommending Approval of UP-22-01 with Exhibit A Conditions of Approval
B. Project Description
C. Project Plans
D. Project Application
E. Neighborhood Responsibility Plan
F. Site Photographs
G. CCCFD Comment Letter
H. Correspondence Received
Page | 1
CITY COUNCIL
RESOLUTION NO. 2022/**
A RE
SOLUTION OF THE CITY OF ANTIOCH CITY COUNCIL
APPROVING A USE PERMIT (UP-22-01) FOR A RETAIL CANNABIS DISPENARY LOCATED AT 300 G STREET
(APN 066-062-012)
W
HEREAS, 300 G Retail Inc. requests approval of use permit for a retail cannabis dispensary at 300 G Street (APN 066-062-012) date received January 12, 2022; W
HEREAS, the project was deemed complete on April 21, 2022; W
HEREAS, the subject site is located in the CB 2 Downtown Antioch Overlay District, which allows for retail cannabis dispensaries subject to approval issuance of a Use Permit pursuant to Section 9-5.3845 of the Antioch Municipal Code; W
HEREAS, a Type 10 Cannabis Retailer license is required through the Department of Cannabis Control;
W
HEREAS, this project is Categorically Exempt pursuant to Section 15301 “Existing Facilities” from the provisions of CEQA;
W
HEREAS, the Planning Commission on June 1, 2022 held a public hearing and considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request; W
HEREAS, a public hearing notice was published in the East County Times and posted in three public places pursuant to California Government Code Section 65090 on August 12, 2022 for the public hearing held on August 23, 2022; and W
HEREAS, the City Council on August 23, 2022 held a public hearing and considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby make the following findings for approval of a Cannabis Business Use Permit pursuant to Section 9-5.2703 “Required Findings” (B) (1) of the Antioch Municipal Code:
a) T
he granting of such Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity.
Fi
nding: The proposed cannabis distribution use includes operational Conditions of Approval to minimize impacts . On- site armed security is required at all times . Annual audits of the site security plan are required.
The business shall also maintain on- site odor control so that cannabis
ATTACHMENT A
A1
Page | 2
related odors are not readily detected outside the structure. Based upon the conditions imposed, the cannabis distribution use will not create adverse impacts to the surrounding businesses and residents.
b) T
he use applied at the location indicated is properly one for which a Use Permit is authorized.
Fi
nding: The site is zoned Cannabis Overlay District. The Cannabis Overlay District allows cannabis dispensaries with the approval of a use permit.
c) T
he site for the proposed use is adequate in size and shape to accommodate such use, all parking, and other features required.
Fi
nding: The proposed cannabis dispensary use will take place in an existing commercial building in the Downtown Specific Plan Area where no on-site parking is required. The site has a secure area for cannabis deliveries.
d) T
he site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use.
Fi
nding: The project site is currently developed and is located at the intersection of Third Street and G Street, which are adequate in width and pavement type to carry the traffic generated by the proposed use. e) T
he granting of such Use Permit will not adversely affect the comprehensive General Plan.
Fi
nding: The use will not adversely affect the comprehensive General Plan because the project is consistent with the General Plan designation for the site of Downtown Specific Plan.
NO
W, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby makes the following additional finding pursuant to Section 9- 5.3845 (D) (1) “Cannabis Businesses” of the Antioch Municipal Code:
(1) The location and site characteristics of the proposed cannabis business are consistent with all applicable state laws and city standards or guidelines, that all provisions have been made to ensure that the operation of the cannabis business will not create excessive demands for police service or other public services, and that the cannabis business will benefit the city.
Fi
nding: The conditions of approval on the project are consistent with the cannabis guidelines. The security plan has been reviewed by the Antioch Police Department and security conditions have been included per their A2
Page | 3
direction. The revenue generated through the required operating agreement will provide a financial benefit to the City of Antioch.
BE
IT FURTHER RESOLVED that the City Council of the City of Antioch hereby APPROVES the use permit for a cannabis dispensary located at 300 G Street (APN 066- 062-012), subject to the Conditions of Approval attached hereto in Exhibit A. *
* * * * * * * *
I
HEREBY CERTIFY the foregoing resolution was passed and adopted by the City Council of the City of Antioch, at a regular meeting thereof, held on the 23rd day of August 2022, by the following vote:
A
YES:
N
OES:
ABS
ENT:
ABS
TAIN:
________________________________
ELIZABETH HOUSEHOLDER
City Clerk of the City of Antioch
A3
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 1
General Conditions Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
1. Project Approval . This Use Permit approval is for 300 G Street , as substantially shown and described on the project plans, except as required to be modified by conditions herein or in the Development Agreement. Plans date received March 30, 2022, as presented to the City Council on August 23 , 2022. For any condition herein that requires preparation of a Final Plan where the project applicant has submitted a conceptual plan, the project applicant shall submit final plan(s) in substantial conformance with the conceptual plan, but incorporate the modifications required by the conditions herein for approval by the City.
City of Antioch On-Going Planning
Department
2. Project Approval Expiration . This Use Permit approval expires on August 23, 2024. An extension may be granted by the Zoning Administrator for a period up to one (1) year, provided that, at least ten (10) days before expiration of one (1) year from the date when the approval becomes effective, an application for renewal of the approval is filed with the Community Development Department.
City of Antioch On-Going Planning
Department
3. City Fees. The applicant shall pay any and all City and other related fees applicable to the property, as may be modified by conditions herein.
Fees shall be based on the current fee structure in effect at the time the relevant permits are secured and shall be paid before issuance of said permit or before any City Council final action approval. Notice shall be taken specifically of Plan Check, Engineering, Fire and Inspection Fees.
The project applicant shall also reimburse the City for direct costs of planning; building and engineering plan check and inspection, as mutually agre ed between the City and applicant.
City of Antioch On-Going
Community
Development
Department
A4
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 2
Discretionary or ministerial permits/approvals will not be considered if the developer is not current on fees, balances, and reimbursement that are outstanding and owed to the City.
4. Pass-Through Fees. The developer shall pay all pass-through fees. Fees include but are not limited to:
a. East Contra Costa Regional Fee and Financing Authority (ECCRFFA) Fee in effect at the time of building permit issuance.
b. Contra Costa County Fire Protection District Fire Development Fee in place at the time of building permit issuance.
c. Contra Costa County Map Maintenance Fee in affect at the time of recordation of the final map(s).
d. Contra Costa County Flood Control District Drainage Area fee. e. School Impact Fees.
f. Delta Diablo Sanitation Sewer Fees.
g. Contra Costa Water District (CCWD) Fees.
City of Antioch On-Going
Community
Development
Department
6. Requirement for Building Permit . Approval granted by the City Council does not constitute a building permit or authorization to begin any construction or demolish an existing structure. An appropriate permit issued by the Community Development Department must be obtained before constructing, enlarging, moving, converting, o r demolishing any building or structure within the City.
City of Antioch On-Going Building
Department
7. Modifications to Approved Plans . The project shall be constructed as approved and with any additional changes required pursuant to the Conditions of Approval. Planning staff may approve minor modifications in the project design, but not the permitted land uses. A change requiring discretionary approval and any other changes deemed appropriate by City of Antioch On-Going Planning
Department
A5
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 3
the Planning staff shall require further Planning Commission or City Council approval through the discretionary review process.
8. Hold Harmless Agreement/Indemnification. The applicant (including any agent thereof) shall defend, indemnify, and hold harmless, the City of Antioch and its agents, officers and employees, from any claim, action, or proceeding against the City or its agents, of ficers or employees to attack, set aside, void, or annul the City's approval concerning this application. The City will promptly notify the applicant of any such claim action or proceeding and cooperate fully in the defense.
On- Going Planning
Department
Fire Standards Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
9. All requirements of the Contra Costa County Fire Protection District shall be met.
Contra Costa
County Fire
Protection
District
(CCCFPD)
Timing Required
Contra Costa
C
ounty Fire
Protection District
(CCCFPD)
At the Time of Building Permit Issuance Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
A6
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 4
10. Encroachment Permit. The applicant shall obtain an encroachment permit from the Engineering Division before commencing any construction activities within any public right- of-way or easement.
City of Antioch
At the Time of
Building Permit
Issuance
Public Works
Department
At the Time of Construction Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
11. Collection of Construction Debris. Gather all construction debris on a regular basis and place them in a Waste Management dumpster or other container that is emptied or removed on a weekly basis consistent with the Construction and Demolition Debris Ordinance. When appropriate, use tarps on the ground to collect fallen debris or splatters that could contribute to stormwater pollution.
City of Antioch On-Going Building
Department
12. Construction Hours. Construction activity shall be as outlined in in the Antioch Municipal Code. Construction activity is limited to 8:00 AM to 5:00 PM Monday -
Friday or as approved in writing by the City Manager.
Requests for alternative construction hours shall be submitted in writing to the City Engineer. days/times restricted to the hours of 8:00 a.m. to 6:00 p.m.
City of Antioch On-Going
Building
Department /
Public Works
13. Demolition, Debris, Recycling. The project shall be in compliance with and supply all the necessary documentation for Antioch Municipal Code § 6-3.2: Construction and Demolition Debris Recycling.
City of Antioch On-Going
Building
Department /
Public Works
Prior to Issuance of Occupancy Permit Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
A7
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 5
14. Planning Inspection . Planning staff shall conduct a site visit to review exterior building elevations for architectural consistency with the approved plans and landscape installation (if required). All exterior finishing details including window trim, paint, gutters, downspouts, decking, guardrails, and driveway installation shall be in place prior to scheduling the final inspection.
City of Antioch Prior to
Occupancy Permit
Planning
Department
15. Debris Removal. All mud, dirt or construction debris carried off the construction site and shall be removed prior to scheduling the final Planning inspection. No materials shall be discharged onto a sidewalk, street, gutter, storm drain or creek.
City of Antioch Prior to
Occupancy Permit
Building
Department
16. Fire Prevention . A final Fire inspection shall occur to inspect all fire prevention systems constructed as part of the project. Inspections shall occur prior to final occupancy permit issuance.
City of Antioch Prior to
Occupancy Permit
Fire Dept
(CCCFPD)
Project Specific Conditions Regulation
Source
Timing/
Implementation
Enforcement/
Monitoring
Verification
(date and
signature)
17. Type 10 License. This use permit approval applies to the operation of a cannabis dispensary depicted on the project plans and application materials submitted to the Community Development Department date stamped received March 30, 2022. Any forthcoming plans submitted for any purpose shall be entirely consistent with these received plans and application materials and conditions of approval herein.
City of Antioch On-Going
Community
Development
Department
18. Hours of Operation. The hours of operation shall be from 8:00 AM – 8:00 PM. Any changes to the hours of operation shall be subject to the review and approval of the Zoning Administrator.
City of Antioch On-Going
Community
Development
Department
19. State Licensing. All necessary licenses from the State of California shall be obtained prior to opening. City of Antioch Prior to
Occupancy Permit
Community
Development
Department
A8
EXHIBIT A: CONDITIONS OF APPROVAL
Page | 6
20. Age Restrictions. All persons entering the business must be at least 21 years of age with a valid identification card. An electronic reader shall be used to read and validate identification cards.
City of Antioch On-Going
Community
Development
Department
21. Smoking Prohibited. Smoking or ingestion of cannabis products on -site is prohibited.
City of Antioch On-Going
Community
Development
Department
22. Samples Prohibited. Free samples of cannabis products are strictly prohibited. City of Antioch On-Going
Community
Development
Department
23. Secure Storage. Cannabis products that are not used for display purposes or immediate sale shall be stored in a secured and locked room, safe, or vault, and in a manner reasonably designed to prevent diversion, theft, and loss.
City of Antioch On-Going
Community
Development
Department
24. Waste Disposal. Cannabis related waste shall be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance. City of Antioch On-Going Community
Development
Department
25. Nuisance Prevention. The operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the premises during business hours if directly related to patrons of the business.
City of Antioch On-Going
Community
Development
Department
26. Business License/ Use Permit On -Site. A copy of this use permit and City of Antioch business license, as well as any other State licenses, shall be on display during business hours and in a conspicuous place so that they may be readily seen by all persons entering the facility.
City of Antioch On-Going
Community
Development
Department
27. Window Visibility. No signs, tinting, or other graphic material may be used to obscure the storefront windows. City of Antioch On-Going Community
Development
Department
A9
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 7
28. Sale Location Area. Transactions and sales of cannabis are limited to the interior building area only. No drive-through, drive-up, or walk-up window services or sales are permitted.
City of Antioch On-Going
Community
Development
Department
29. Security Plan Modifications. Any changes to the site security plan shall be subject to the review and approval of the Chief of Police or their designee.
City of Antioch On-Going Police
Department
30. Armed Security Guards. No fewer than two uniformed and armed security guards who are employed by a Private Patrol Operator (Security Company) who is currently licensed with the California Department of Consumer Affairs shall be on- site during business operating hours. One security guard shall be on- site when the facility is closed. A copy of the contract with the Security Company shall be provided to the Community Development Director and City Attorney for review and approval prior to issuance of a certificate of occupancy.
City of Antioch On-Going Police
Department
31. Registered Security. The name of the Security Company, proof of liability insurance including a copy of all exceptions, their State license number, and the guard registration numbers for the employed guards shall be provided to the Community Development Department and City Attorney. Should there be a change in the security private patrol operator or in the liability insurance of the applicant, the Community Development Director and City Attorney shall be notified within 5 business days.
City of Antioch On-Going
Community
Development
Department
A10
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 8
32. Revocation. The City Council may require modification, discontinuance or revocation of this use permit if it finds that the use is operated or maintained in a manner that it:
• Adversely affects the health, peace or safety of persons living or working in the surrounding area; or
• Contributes to a public nuisance; or
• Has resulted in excessive nuisance activities including disturbances of the peace, illegal drug activity, diversion of Cannabis or Cannabis Products, public intoxication, smoking in public, harassment of passersby, littering, or obstruction of any street, sidewalk or public way; or
• Has resulted in or has been the target of criminal activity requiring undue attention and dedication of the Antioch Police
Department resources; or
• Violates any provision of Antioch Municipal Code or condition imposed by a City issued permit, or violates any provision of any other local, state, regulation, or order including those of state law or violates any condition imposed by permits or licenses issued in compliance with those laws.
• Results in more than three distinct unresolved odor complaints in a twelve (12) month period.
City of Antioch On-Going
Community
Development
Department
33. Odor Control Measures. The business shall incorporate and maintain adequate on-site odor control measures in such a manner that the odors of cannabis and cannabis-related products shall not be readily detected from outside of the structure in which the business operates or from other non-Cannabis businesses adjacent to the site.
City of Antioch On-Going
Community
Development
Department
34. Operating Inspections. During regular business hours all cannabis business premises shall be accessible, upon request, to an authorized City of Antioch employee or representative for random and/or unannounced City of Antioch On-Going
Community
Development
Department
A11
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 9
inspections. An inspection fee maybe charged to the business for cost recovery of staff time.
35. Annual Audit. An annual audit of the site’s security plan shall be submitted to the Antioch Police Department. The audit shall be conducted by City staff or a third -party company subject to the approval of the Antioch Police Department.
City of Antioch On-Going
Community
Development
Department
36. Building Security. All points of ingress and egress to the business shall be secured with Building Code compliant commercial- grade, non - residential door locks and/or window locks. Entry and exit doors to restricted cannabis areas shall be made of reinforced metal with metal frames and have a security lock system.
City of Antioch On-Going
Community
Development
Department
37. Signage. Building signage shall not state that cannabis or cannabis products are stored, sold or handled on the site. Images of cannabis leaves, green crosses, or similar commonly identifiable graphics are not allowed. All building signage shall be subject to sta ff review and approval.
City of Antioch On-Going
Community
Development
Department
38. Exterior Modifications. Any proposed exterior changes to the site shall be shown on the building permit plan submittal. Exterior changes may be subject to administrative design review approval. City of Antioch On-Going Community
Development
Department
39. Paraphernalia. The only cannabis paraphernalia allowed to be sold at the site are pipes, rolling papers, vape pens, vape pen batteries, and chargers unless approved in writing by the Zoning Administrator. City of Antioch On-Going Community
Development
Department
A12
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 10
40. Delivery to the Site. All delivery of cannabis to the site shall take place in a caged/gated delivery area with a dedicated armed security guard to be present during all deliveries. Any changes to this requirement shall be subject to the review and approval of Chief of Police or their designee.
City of Antioch On-Going
Community
Development
Department
41. Bollard Location. The location and design of the bollards shown on the site plan shall be subject to the review and approval of City Staff. The bollards shall be architecturally compatible with the downtown streetscape.
City of Antioch Prior to
Occupancy Permit
Community
Development
Department /
Public Works
Department
42. Surveillance Signage. Visible signage shall be placed at the entrance of the facility notifying the public of surveillance on site. City of Antioch Prior to Occupancy Permit
Community
Development
Department
43. Police Inspection. Prior to a certificate of occupancy being issued for the site, the Antioch Police Department shall conduct a site inspection to assess the security of the site. Any changes the Antioch Police Department deems necessary upon site inspection shall be incorporated into a revised site security plan that is then submitted for their review and approval. No certificate of occupancy will be issued without final approval of a site security plan by the Antioch Police Department.
City of Antioch Prior to
Occupancy Permit
Police
Department
44. Emergency Access. Security measures shall be designed to ensure emergency access is provided to the Antioch Police Department and the Contra Costa Fire Department for all areas on the premises in case of an emergency.
City of Antioch On-Going Police
Department
45. Surveillance Cameras. Security surveillance cameras shall be installed and maintained in good working order to provide coverage on a twenty- four (24) hour real-time basis of all internal and external areas of the site where cannabis is stored, transferred and dispensed, where any money is handled, and all parking areas. The cameras shall be oriented in a City of Antioch On-Going Police
Department
A13
EXHIBIT A: CONDITIONS OF APPROVAL
P
age | 11
manner that provides clear and certain identification of all individuals within those areas. Cameras shall remain active at all times and be capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for a minimum of sixty (60) days.
46. Alarm System. A professionally monitored security alarm system shall be installed and maintained in good working condition. The alarm system shall include sensors to detect entry exit from all secure areas and all windows. The name and contact information of the alarm system installation and monitoring company shall be kept as part of the onsite books and records.
City of Antioch On-Going Police
Department
47. Security Contact. A local contact who will be responsible for addressing security and safety issues shall be provided to, and kept current with, the Antioch Police Department. City of Antioch On-Going Police Department
48. Operating Agreement. The applicant shall enter into an operating agreement with the City of Antioch prior to a certificate of occupancy being issued for the site. No business license shall be issued without an approved operating agreement.
City of Antioch Prior to
Occupancy Permit City Attorney
A14
Applicant 300 G Retail Inc. (“300 G”) proposes the operation of a cannabis retail facility at the premises located at 300 G Street in downtown Antioch. The operator, who has not yet been selected, will meet all the requirements and commitments discussed herein and all conditions of the Conditional Use Permit, as well as all applicable state and local laws and regulations.
Characteristics of the Proposed Cannabis Business
The site is a building approximately 6,500 square feet in size, on the corner of G Street and 3rd Street. A detailed site plan is included with this application package. The size of the building will allow for a significant lobby, a large retail showroom, as well as secure storage and office space.
The location meets all of the site requirements applicable to cannabis retail businesses in downtown expected to be approved by the City Council. There is no existing cannabis retail business downtown, and there are no schools, day care centers, or youth centers, as defined by applicable law, within 600 feet of the proposed location. 300 G would bring valuable foot traffic to the downtown area, and further the City’s goal of continuing revitalization and economic development of the downtown core. By bringing more shoppers to the downtown area, 300 G would help drive business to the other shops and restaurants in the downtown area. This increase in business would also encourage other businesses to fill vacant storefronts and other areas.
The new property owner, SRV LLC, and its affiliate, Sean McCauley Investments, Inc., have a proven track record of revitalization in the Antioch Downtown area, including the rehabilitation of over 14 buildings, landscape and lighting upgrades, over 47 new commercial and residential quality tenants, and other non-profit activities. Here are just some of their projects:
· Smith’s Landing
· Monica’s Riverview
· LUX Salon Suites
· Guadalajara Taqueria
· Chelsea Sushi
· Chill Coffee and Tea
· Vibes Tea House (opening November 2021)
300 G Retail Inc.
ATTACHMENT B
B1
· Rivertown Business Center
·
The Lofts at 2nd Street
· First Five of California
Upcoming projects include:
· Diggers Diner
· 4 Legs Tap Room
· Azul Tequila Bar
The proposed cannabis retail business at 300 G Street complements these other projects, and they would work together to bring residents, businesses, and shoppers to downtown Antioch, and the jobs and tax revenue that follow.
Hours of Operation
We anticipate store operating hours will be seven days a week from 9:00am to 8:00pm, unless additional hours of operation are approved by the City and applicable regulations.
Number of Employees
300 G takes pride in their thorough recruiting and training strategy that will help them retain a full-time team of up to 25 individuals, including management and security personnel. 300 G’s founding team has long-standing roots in the Antioch area and will make it a priority to source employees from the local community, emphasizing social equity and marginalized groups.
Nature of the Products Produced, Stored, Sold or Handled As required by state law and the regulations applicable to a cannabis retail store, 300 G will receive all cannabis products from state-licensed cannabis distributors in final form and ready for retail sale. This includes being fully packaged and tested by a state-licensed lab. 300 G is committed to offering products that meet medicinal and wellness needs of patients and customers. That means offering a wide range of hard-to-find products with high ratios of CBD to THC, as well as products containing other emerging cannabinoids such as THCv, CBN and CBG. Customers looking to benefit from cannabis without a psychoactive effect will be able to find products in topical or ingestible forms. 300 G will also carry a broad range of products from emerging entrepreneurs of diverse backgrounds.
300 G expects to sell the full range of adult-use and medicinal cannabis products available in today’s market, including traditional cannabis flower, prerolls, edibles, vaporizer pens and 300 G Retail Inc.