ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, September 13, 2022
Time: 6:15 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 materials 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- SEPTEMBER 13, 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 directed 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 see the Speaker Rules on the inside cover of this Agenda for additional information on public participation.
6:15 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 1 Torres-Walker, District 3 Ogorchock, and Mayor Pro Tem (District 2) Barbanica (Mayor Thorpe and Council Member District 4 Wilson – Absent) Mayor Pro Tem (District 2) Barbanica Opened the meeting.
PUBLIC COMMENTS for Closed Session
6:18 P.M. MAYOR THORPE ARRIVED DURING CLOSED SESSION PUBLIC COMMENTS
CLOSED SESSION:
1) PUBLIC EMPLOYEE APPOINTMENT: CITY MANAGER . This closed session is authorized pursuant to Government Code section 54957.
No reportable action
2) CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Ana Cortez, Nikki Ausk , and Jeff Bailey; Employee organizations: Antioch Public Works Association.
No reportable action
6:25 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
ANTIOCH CITY COUNCIL -2- SEPTEMBER 13, 2022
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. INTRODUCTION OF NEW CITY EMPLOYEES
2. PROCLAMATIONS
• Recognizing Library Card Sign-Up Month, September 2022 • In Honor of Hispanic Heritage Month, September 2022
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamations.
3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
➢ COASTAL CLEAN UP DAY – SEPTEMBER 17, 2022
▪ Antioch Water Park, 4701 Lone Tree Way (behind the skate park), Antioch ▪ Antioch Marina, 5 Marina Plaza (at the foot of L Street), Antioch
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ BOARD OF ADMINISTRATIVE APPEALS
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.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
5. PRESENTATION – Connecting Communities, presented by Tim Haile, Executive Director, Contra Costa Transportation Authority
6. 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 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
ANTIOCH CITY COUNCIL -3- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
B. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 26, 2022 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 9, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
D. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 23, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
E. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR AUGUST 26, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.
F. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
G. APPROVAL OF TREASURER’S REPORT FOR JUNE 2022
Received, 5/0
Recommended Action: It is recommended that the City Council receive and file the June 2022 Treasurer’s Report.
H. APPROVAL OF TREASURER’S REPORT FOR JULY 2022
Received, 5/0
Recommended Action: It is recommended that the City Council receive and file the July 2022 Treasurer’s Report.
I. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
ANTIOCH CITY COUNCIL -4- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
J. SECOND READING – RENT STABILIZATION ORDINANCE (Introduced on 08/23/2022) Direction to staff to modify ordinance to add:
Retro activity back to August 23, 2022,
Define Housing Services as a part of rent; and
Reintroduce ordinance at the next meeting,
3/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council waive reading and adopt the Rent Stabilization Ordinance.
9:04 P.M. FIVE MINUTE RECESS
9:14 P.M. RECONVENED, ROLL CALL – All Present
K. ADDENDUM TO LICENSE AGREEMENT WITH PACIFIC GAS AND ELECTRIC FOR A
COMMUNITY RESOURCE CENTER AT THE NICK RODRIGUEZ COMMUNITY CENTER Reso No. 2022/149 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an Addendum to the License Agreement between the City of Antioch and Pacific Gas and Electric Company to provide a Community Resource Center (CRC) at the Nick
Rodriguez Center parking lot during Emergency Events; and
2) Authorizing the City Manager to execute the Agreement.
L. RESOLUTION APPROVING A FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC. TO PROVIDE SUPPORT TO THE BUILDING
INSPECTION SERVICES DIVISION OF THE COMMUNITY DEVELOPMENT
DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
AGREEMENT
Reso No. 2022/150 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving an amended agreement with 4 Leaf, Inc., to provide contract services at the Community Development Technician and Building Inspector level through June 30, 2023 in the increased amount of $300,000 for an amount not to exceed $900,000; and
2) Authorizing the City Manager to execute the amended
agreement.
ANTIOCH CITY COUNCIL -5- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
M. AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LIND MARINE FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $220,000
Reso No. 2022/151 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an Agreement with Lind Marine, Inc. (LMI) for a total agreement amount not to exceed $220,000; and
2) Authorizing the City Manager to execute t he agreement with Lind Marine, Inc. in a form approved by the City Attorney.
N. LICENSE AGREEMENT FOR SEASONAL USE OF REAL PROPERTY LOCATED AT DELTA FAIR AND CENTURY BOULEVARDS (APN 074-080-029)
Reso No. 2022/152 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a License Agreement for Seasonal Use of Real Property with ABC Tree Farms, LLC, for property located at Delta Fair and Century Boulevards (APN 074- 080-029).
O. AMENDMENT TO THE FISCAL YEAR 2022/23 CAPITAL IMPROVEMENT AND
OPERATING BUDGET TO INCLUDE THE BICYCLE ACCESS IMPROVEMENTS
ASSOCIATED WITH THE ANTIOCH EBART STATION
Reso No. 2022/153 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving an amendment to the Fiscal Year 2022/23 Capital Improvement and Operating Budget to include Hillcrest / Highway 4 Bridge Benefit District funding in the amount of $58,750 for the Bicycle Access Improvements associated with the Antioch eBART Station.
ANTIOCH CITY COUNCIL -6- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
P. CONSIDERATION OF BIDS FOR THE WATER MAIN REPLACEMENT AT VARIOUS LOCATIONS (P.W. 503-19)
Reso No. 2022/154 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an amendment to the Fiscal Year 202 2/23 Capital Improvement and Operating Budget to increase the funding from the Water Enterprise Fund for the Water Main
Replacement at Various Locations by $500,000;
2) Awarding the construction agreement to the lowest,
responsive, and responsible bidder, W. R. Forde Associates, Inc.;
3) Approving the construction agreement with W. R. Forde Associates, Inc. in the amount of $2,766,500; and
4) Authorizing the City Manager to execute the construction agreement with W. R. Forde Associates, Inc. for a total amount of $2,766,500.
Q. ACCEPTANCE OF WORK AND NOTICE OF COMPLETION FOR THE SPEED HUMP, SPEED TABLE AND RAISED CROSSWALK SYSTEM INSTALLATION PROJECT (P.W. 282-19)
Reso No. 2022/155 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting work and authorizing the City Manager or designee to file a Notice of Completion for the Speed Hump, Speed Table and Raised Crosswalk System Installation Project.
ANTIOCH CITY COUNCIL -7- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
R. ACCEPTANCE OF WORK AND NOTICE OF COMPLETION FOR THE CURB, GUTTER,
AND SIDEWALK REPAIR INCLUDING TREE REMOVAL AND STUMP GRINDING AND
INSTALLATION OF CONCRETE CURB RAMPS AT MISCELLANEOUS LOCATIONS 2021/2022 (P.W. 507-18)
Reso No. 2022/156 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an amendment to the Fiscal Year 2022/23 Capital Improvement and Operating Budgets to include $75,000 from the Metropolitan Transportation Commission Transportation Development Act Article 3 Pedestrian/Bicycle Grant Program;
2) Authorizing the City Manager to execute the first amendment to the construction agreement with MG and JC Concrete for the Curb, Gutter, and Sidewalk Repair Including Tree Removal and Stump Grinding and Installation of Concrete Curb Ramps at Miscellaneous Locations 2021/2022 in the amount of
$23,059.25 from the Metropolitan Transportation Commission Transportation Development Act Article 3 Pedestrian/Bicycle Grant Program and $2,570.28 from the Water Enterprise Fund for a total contract amount of $349,579.53; and
3) Accepting work and authorizing the City Manager or designee to file a Notice of Completion for the Project.
S. CONSIDERATION OF BIDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT DOWNTOWN ROADWAY PAVEMENT REHABILITATION, PHASE 9 (P.W. 678-9) Reso No. 2022/157 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding the construction agreement to the lowest,
responsive, and responsible bidder, Redgwick Construction Co. for the Community Development Block Grant Downtown
Roadway Pavement Rehabilitation, Phase 9 Project;
2) Approving the construction agreement with Redgwick
Construction Co. in the amount of $685,000; and
3) Authorizing the City Manager or designee to execute the construction agreement with Redgwick Construction Co. for a total amount of $685,000.
ANTIOCH CITY COUNCIL -8- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
T. APPROVAL OF PURCHASE OF HYDRO EXCAVATION TRUCK UTILIZING A SOURCEWELL COOPERATIVE PURCHASING AGREEMENT 101221 -VAC WITH
MUNICIPAL MAINTENANCE EQUIPMENT
Reso No. 2022/158 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the purchase of one (1) new Vac -Con
VX312LHEM/1100 for an amount not to exceed $568,175.45;
2) Approving an amendment to the Fiscal Year 2022/23 Water Enterprise Operating Budget to make the purchase of one (1) Hydro Excavation Vac-Con VX312LHEM/1100 truck; and
3) Authorizing the City Manager to execute the Sourcewell Cooperative Purchasing Agreement 101221 -VAC with
Municipal Maintenance Equipment of Sacramento CA.
U. RESOLUTION APPROVING THE FINAL MAP FOR LAUREL RANCH SUBDIVISION 8741 (KB HOMES NORTH BAY) (P.W. 698)
Reso No. 2022/159 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the Final Map and Improvement Plans for Laurel Ranch Subdivision 8741.
V. AWARDING AN AGREEMENT WITH FRONTIER ENERGY FOR A ZERO EMISSION
VEHICLE FEASIBILITY ASSESSMENT AND PROJECT MANAGEMENT SERVICES Reso No. 2022/160 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding an agreement with Frontier Energy for Zero Emission Vehicle Assessment and Project Management Services for an amount not to exceed $135,054;
2) Authorizing the Finance Director to make the necessary budget adjustments to the current Fiscal Year 2022 /23 Internal Services Vehicle Maintenance Fund Budget; and
3) Authorizing the City Manager to enter into an agreement with Frontier Energy in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -9- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
W. AWARDING AN AGREEMENT WITH STOMMEL, INC. DBA LEHR FOR POLICE VEHICLE
UPFITTING SERVICES
Reso No. 2022/161 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding a Maintenance Services Agreement with Stommel, Inc. dba LEHR to provide police vehicle upfitting services for three (3) years, with an option to extend two (2) additional years, for an estimated amount not to exceed $1,090,536.07; and
2) Authorizing the City Manager to execute the agreement in a form approved by the City Attorney.
X. APPROVAL OF PURCHASE OF EIGHT (8) 2023 FORD HYBRID POLICE VEHICLES UTILIZING THE SOURCEWELL COOPERATIVE PURCHASING CONTRACT NO. 091521-
NAF WITH NATIONAL AUTO FLEET GROUP
Reso No. 2022/162 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the purchase of Eight (8) 2023 Ford Hybrid Police vehicles from National Auto Fleet Group for an amount not to exceed $444,257.40; and
2) Authorizing the City Manager to execute the purchase of eight (8) Ford Hybrid Police vehicles utilizing Sourcewell
Cooperative Purchasing Contract No. 091521-NAF with
National Auto Fleet Group.
Y. CRITICAL INCIDENT STRESS MANAGEMENT & WELLNESS CONTRACT Reso No. 2022/163 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving a one -year sole source contr act 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 period of one year with an option to extend.
ANTIOCH CITY COUNCIL -10- SEPTEMBER 13, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
Z. AB 361: RESOLUTION MAKING FINDINGS NECESSARY TO CONDUCT BROWN ACT
MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,
COMMISSIONS, AND COMMITTEES
Reso No. 2022/164 adopted, 5/0
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.
PUBLIC HEARING
7. 300 G STREET RETAIL CANNABIS DISPENSARY (UP-22-01)
Reso No. 2022/165 adopted,
3/2 (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).
COUNCIL REGULAR AGENDA
8. ECONOMIC DEVELOPMENT STRATEGIC PLAN ADOPTION
9:43 P.M. RECESS DUE TO TECHNICAL DIFFICULTIES DURING THE VIDEO PRESENTATION 9:45 P.M. RECONVENED, ROLL CALL – All Present
Reso No. 2022/166 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the 2022 Economic Development Strategic Plan
including the “Reinvest Antioch” Economic Development Program – Action Plan and Toolkit.
ANTIOCH CITY COUNCIL -11- SEPTEMBER 13, 2022
COUNCIL REGULAR AGENDA – Continued
9. RESOLUTION ESTABLISHING ANNUAL AND/OR TOTAL MAXIMUM ON
RECREATIONAL VEHICLE PERMITS
Motion to approve failed,
2/3 (Barbanica, Ogorchock, Wilson)
Recommended Action: It is recommended that the City Council adopt the resolution establishing an annual cap of two hundred Recreational Vehicle Permits to be issued each calendar year.
10. RESOLUTION SEEKING APPROVAL OF CITY CLERK’S REQUEST FOR THE CITY ATTORNEY TO PROVIDE MANAGERIAL OVERSIGHT OF THE CITY CLERK’S
DEPARTMENT IN COOPERATION WITH THE CITY CLERK
Reso No. 2022/167 adopted,
4/1 (Thorpe)
Recommended Action: It is recommended tha t 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 in cooperation with the City Clerk.
11. CODE ENFORCEMENT OFFICERS INCENTIVE PROGRAM
Received with direction provided to staff
to bring back an incentive program
Recommended Action: It is recommended that the City Council:
1) Receive the update on Code Enforcement Officer staffing levels; and
2) Provide direction to staff on developing and implementing a Code Enforcement Incentive Program.
ANTIOCH CITY COUNCIL -12- SEPTEMBER 13, 2022
COUNCIL REGULAR AGENDA – Continued
12. EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS AND INCENTIVE
PROGRAM FOR QUALIFIED LATERAL AND ENTRY LEVEL POLICE OFFICERS Reso No. 2022/168 adopted authorizing an
increase in the total amount of $30,000 with the
clawback provision listed in ‘Exhibit B’ to the Staff Report, 3/2 (Torres-Walker, Barbanica)
Recommended Action: It is recommended that the City Council:
1) Determine whether or not the following clawback provision should be included to require employees benefiting from the signing bonus and incentive program to reimburse the City for the bonuses as outlined below:
a. If separation occurs before completion of the probationary period, applicant shall reimburse the City for $15,000.
b. If separation occurs before completion of three (3) years of employment, applicant shall reimburse the City for
$17,500.
c. If separation occurs before completion of four (4) years of employment, applicant shall reimburse the City fo r
$20,000 (Exhibit A to the staff report ) or $22,500 (Exhibit B to the staff report).
d. If separation occurs before completion of five (5) years of employment, applicant shall reimburse the City for
$22,500 (Exhibit A to the staff report ) or $25,000 (Exhibi t B to the staff report).
2) 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
a. [with or without] a clawback provision and
b. in the total amount of [$25,000 (Exhibit A) or $30,000 (Exhibit B)].
ANTIOCH CITY COUNCIL -13- SEPTEMBER 13, 2022
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.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a moti on 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 11:27 p.m., 5/0
RECOGNIZING
LIBRARY CARD SIGN-UP MONTH
September 2022
WHEREAS, libraries and librarians play a crucial role in the education and development of children;
WHEREAS, librarians are literacy experts, offering everything from preschool storytime to summer reading programs that sustain school-year learning;
WHEREAS, libraries provide a learning environment that fosters joyful exploration, encouraging students to research subjects that they are genuinely curious about;
WHEREAS, librarians create welcoming and inclusive spaces for people of all backgrounds to learn together and engage with one another;
WHEREAS, librarians provide a variety of books and resources to serve everyone in the community, making knowledge and ideas available so that people have the freedom to choose what to read;
WHEREAS, a library card empowers all people to pursue their dreams, explore new passions and interests, and find their voice; and
WHEREAS, libraries are constantly transforming to deliver new services that connect closely with community needs, even during a pandemic.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby proclaim September as “Library Card Sign-Up Month” and encourage everyone to sign up for their own library card today.
SEPTEMBER 13, 2022
__________________________________________
LAMAR A. THORPE, Mayor 2.01
09-13-22
IN HONOR OF
HISPANIC HERITAGE MONTH
September 2022
WHEREAS, the observation started in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson, and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15;
WHEREAS, every year since 1988, from September 15 to October 15, our country has celebrated Hispanic culture & contributions to our community and nation by celebrating the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America;
WHEREAS, we begin the observance on September 15 because it is the anniversary of independence or Independence Day for Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September18, respectively;
WHEREAS, the 2022 theme for National Hispanic Heritage Month, Esperanza: A Celebration of Hispanic Heritage and Hope, challenges us to envision a great future knowing that our hope and resilience can lead us there. Hope and resilience help us maintain an optimistic outlook in the face of adversity and give us the motivation to take action and make progress; and
WHEREAS, throughout the year, we honor the contributions of Hispanic and Latinx Americans in our history as well as celebrate the contributions of Hispanic and Latinx Americans who serve our communities, such as civil rights trail blazer Cesar Chavez.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby proclaim the days of September 15 through October 15, 2022, as “Hispanic Heritage Month” and encourage all residents to use this time to reflect on the rich culture, history, and contributions of Latinx and Hispanic peoples to the enrichment of the City of Antioch.
SEPTEMBER 13, 2022
__________________________________________
LAMAR A. THORPE, Mayor 2.02
09-13-22
#3
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 September 30, 2022. Applications are available at https://www.antiochca.gov/#. ➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ BOARD OF ADMINISTRATIVE APPEALS
#4
SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
(EXTENDED Deadline date: 09/30/2022)
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: 09/30/2022)
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
(EXTENDED Deadline date: 09/30/2022)
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.
CONNECTING COMMUNITIES
Tim Haile, Executive Director
Contra Costa Transportation Authority
#5
What We Do
PEDESTRIAN
Improvements to sidewalks, crosswalks, trails, and paths
LOCAL STREETS
Smooth traffic flow on major roads and make surface improvements such as pothole repairs
BUSES
Invest in a reliable, comfortable and convenient bus network
SAFE ROUTES TO SCHOOLS
Focus on programs and projects aimed at bicycle and pedestrian safety for K-12 students
FERRIES
Expand ferry system by looking to ferries as an alternate commute method between West County and San Francisco
BICYCLE
Invest in safe routes and infrastructure improvements for bicyclists BART
Improve BART service and stations, extend routes and increase parking
HIGHWAYS
Complete Contra Costa’s highway system, and improve air quality and noise protection along corridors
INNOVATIVE SOLUTIONS
Implement smart transportation infrastructure to reduce congestion and encourage greener travel
PROGRAMS FOR SENIORS AND DISABLED
Enhance transit options to improve mobility for seniors and people with disabilities
Leverage Local
Funding $1.4B
Measure C/J
$4.2B
State / Regional /
Federal Funds
$5.6B
Total Investment
3:1
LEVERAGING
RATIO
Tipping
Point
Photo credit: Noah Berger/AP, Peter Beeler, the San Diego Union-Tribune, Glydways 12%
35%
8%
7%
33%
4%
4%
40%
9%
27%
21%
49%
52%
25%
56%
57%
59%
23%
61%
56%
78%
78%
43%
33%
34%
31%
25%
33%
30%
31%
29%
28%
31%
15%
17%
18%
11%
9%
10%
17%
7%
10%
8%
8%
9%
4%
4%
BART
Walk
Public bus
Bicycle, skateboard, or scooter
Telecommute
App-based ridehail ALONE
Private bus or shuttle
Ferry
Carpool with friends or family
Amtrak
Carpool or vanpool with others
Bikeshare or scootershare
Carshare
How much are you willing to try/increase use of each of the following modes? Already use frequently Not at all willing Somewhat willing Very much willing SR-4/242 Willingness to Try/Increase Modes
60%
44%
43%
42%
41%
40%
40%
39%
37%
37%
35%
20%
19%
Somewhat/
Very Much
7 Vision Zero
Antioch Bike Garden
Prewett Park
Countywide Safety through Connected Signal System
o Developing Countywide Synchronized Signal
System to install modern traffic controllers in
all 19 cities and towns in Contra Costa County
to:
o Proactive approach to safety by
identifying ‘close call’ situations and
preventing future tragedies
o Installing bicycle detection software
o Prioritization and potential corridor-
clearing for emergency vehicles
o Transit vehicle priority
o Smart infrastructure
o Controlling and smoothing traffic flow
TRANSIT FIRST
Leading an effort to building a better transportation
system
• Optimize existing transit network
• Identify strategies and infrastructure
• Development of transit and mobility hubs
• Creating first and last mile connections
• Moving to zero emissions
• Addressing equity priority communities
• Overcoming institutional challenges
• Identify local and regional service funding
Clean
Corridors
• Increase Transit Options
• Mode Shift
• Emergency Response
• Provide Connections to Hercules,
Martinez, Pittsburg, and Antioch
• Landside improvements and first-last mile
connections
Expanding Ferry Service
MOBILITY FOR ALL
Accessible Transportation Strategic Plan
Building a
Transportation Plan
from the Ground Up
CCTA ’s Process
• Updated Every 4-5 Years
• Documents the Authority’s Goals, Vision, and Strategies • Action Plans are Developed by the Regional Committees • Includes 10- and 20-Year Financially Constrained Project Lists RTPCs
Develop Draft
Action Plans
CCTA Issues
Draft CTP
Public
Outreach
Plan
Authority
Adopts Final
SEIR & CTP
RTPCs Adopt
Final Action
Plans
RTPC = Regional Transportation Planning Committee
REDEFINING MOBILITY
Glydways
A new mobility option being
explored at GoMentum
Station.
ECCC DPMT Conceptual
Routing Plan
Pittsburg Route
Brentwood
Route
Antioch Route
Oakley
Route
A VISION FOR
EAST COUNTY
Design Alternative
Assessment (DAA)
East County Integrated
Transit Study
State Route 4 Operational
Improvements
State Route 4 Integrated
Corridor Management (ICM)
Corridor Approach
@ccta
@tthaile
Tim Haile
Thank You
Timothy Haile
Executive Director
[email protected]
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
09-13-22
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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 Milli e 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 protection 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 suggested 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.
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Special/Regular Meeting
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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 th e 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 th e 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 Delta 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
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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 Wilson expressed concern with the implementation schedul e 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 Thorpe 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 unanimously 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 reported 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 PERFORMANC E 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 Recreation 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 protections 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 RO ADWAY (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 CONSENTING 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 SERVIC ES 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 thanke d 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
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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 Housi ng 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 Development 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. 2018 -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 Di stricts (CFD) No. 2018 -02 (Police Protection).
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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 ASS ESSMENTS FOR STREET LIGHT AND LANDSCAPE MAINTENANCE DISTRICTS 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 for 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 position. The motion carrie d 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.
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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 cannabis 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 agend ize consideration of a moratorium on new gas stations.
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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
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Special/Regular Meeting July 26, 2022
7:00 P.M. Council Chambers
4:30 P.M. - CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATONS – 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, Assistant City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Michael Heath, Esq.; Under Negotiation: Price and Terms of Payment.
2. 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.
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Brian Lim, v. City of Antioch et al., United States District Court, Northern District of California (Case 3:22-cv-04067-LB).
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: INTERIM CITY MANAGER.
This closed session is authorized pursuant to Government Code section 54957.
ADJOURN TO CLOSED SESSION
Councilmember Barbanica adjourned to Closed Session at 4:34 P.M.
5:30 P.M. SPECIAL MEETING/STUDY SESSION
Mayor Thorpe called the meeting to order at 5: 30 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson (attended via Zoom), Mayor Pro Tem (District 2) Barbanica (attended via Zoom) and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
B
09-13-22
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SM-1. RENT STABILIZATION
Mayor Thorpe announced Spanish translation services were available this evening.
City Clerk Householder announced Council was provided headsets that simultaneously translated Spanish comments to English in real time. She noted a summary of these comments would be translated for the public.
City Attorney Smith presented the staff report dated July 26, 2022, recommending the City Council receive the presentation on rent stabilization and provide feedback and direction to staff.
Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to one-minute.
City Clerk Householder announced Councilmembers Barbanica and Wilson were parti cipating in the meeting, via zoom.
PUBLIC COMMENT
Traveyon Carlson, ACCE, Thomas Heidt, resident of the Delta Pine Apartments and Archie Brumfield, ACCE, requested the City pass a more efficient rent control ordinance that included LIHTC properties.
Josefina Mercado and Margarita Duran, ACCE, provided comments in Spanish that were simultaneously translated into English for Council.
Mayor Thorpe summarized Ms. Mercado’s and Duran’s comments in support of rent control.
Devin Williams, ACCE, spoke in support of a rent control ordinance. Items suggested to be added to the ordinance included d efining yearly increases at 60% of the CPI, capped at 3%, outline a process for tenants to pe tition and contest rent increases and decreases in services, create a diverse rent board for petition hearings , roll back rents to January 2022 , eliminate exemptions for tenants in LIHTC properties or owner-occupied duplexes and remove the expiration date.
James Britto , D elta Association of Realtors, reported many landlords had been adversely affected by the pandemic and unable to keep up with expenses. He noted this ordinance would decrease inventory which would result in increased rents.
Mayor Thorpe requested everyone be respectful of opposing views and noted those who continued to interrupt would be escorted out of the meeting.
Francisco Torres, ACCE, and Jackie Lowery spoke in support of rent control , just cause and anti-harassment ordinances.
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Regina Berny stated she was unable to pay rent and asked Council to make Antioch a more affordable city.
Tony, Monument Impact, encouraged the City to follow local ordinances and listen directly to Antioch tenants and advocate s. He noted the ordinance should protect all renters including tenants living in LIHTC properties. He expressed concern for habitability issues.
Raquel, ACCE, expressed concern for those struggling and questioned how the City Council would address their concerns.
Taylor Rosa, ACCE, Twin Creeks Apartments, expressed concern regarding increased rents as well as management and maintenance of their complex.
Dulce Franco, Casa Blanca Apartment resident, provided comments in Spanish.
Mayor Thorpe summarized Ms. Franco’s comments that were in support of rent control that included LIHTC properties.
Mayor Thorpe announced translation services were available on zoom.
Lawrence, Casa Blanca Apartment resident, spoke in support of rent control.
Theresa Lua, Casa Blanca Apartment resident, provided comments in Spanish.
Mayor Thorpe summarized Ms. Lua’s comments in support of rent control that cap ped CPI, included LIHTC properties, retroactive to January 2022 and a moratorium on rent increases.
Joshua G., Casa Blanca Apartment resident, requested Council assist them with their rent concerns and discussed their substandard living conditions.
Brendon O’Laskey spoke in support of a moratorium on rent increases while Council studie d solutions. He suggested the ordinance include LIHTC properties and be retroactive to January 2022.
Christine Clark , Antioch resident, ECRG, requested Council pass a moratorium on rent increases and a rent control policy that included LIHTC buildings, retroactive to January 2022.
She also suggested it tie rent increases to 60% of CPI, capped at 3% and include a rent review board.
Berta provided comments in Spanish.
Mayor Thorpe summarized Berta’s comments that were in support of rent control and requested the City consider a rent control board, moratorium on rent increases and CPI capped at 3%.
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Rhea Laughlin, First 5 Contra Costa, requested the ordinance tie rent increases to 60% of CPI, capped at 3% and include LIHTC properties, retroactive to January 2022. She also supported a rent increase moratorium.
Chris Schildt, Urban Habitat, spoke in support of a rent stabilization ordinance including LIHTC properties, retroactive to January 2022. She also suggested it include a rent review board.
Andrew Becker discussed substandard living conditions and mismanagement of the Delta Pines apartments. He suggested the Council discuss subsidies for tenants.
Della Carrie, Delta Pines Apartment resident, discussed her substandard living conditions and spoke in support of Council enacting a moratorium on rent increases.
Jackie Zaneri, ACCE, suggested Council use the CPI percentage formula for rent increases, retroactive and include LIHTC properties. She asked that they consider local ordinances when developing the City’s ordinance.
Frank Sterling stated he believed that one minute for publ ic comments was insufficient for this topic. He urged Council to take immediate action to address tenant’s concerns.
Xinwei Situ spoke in support of a rent stabilization ordinance for Antioch tenants.
Patricia Aguiar, ACCE, requested Council assist tenants by enacting a rent control ordinance.
Silvia Martinez provided comments in Spanish.
Mayor Thorpe summarized Ms. Martinez’s comments in support of rent control capped at 3% CPI retroactive to January 2022, a moratorium on rent increases and the establishment of a rent control board.
Mayor Thorpe clarified the ordinance before Council was a n example and comments provided this evening were important to help shape Antioch’s ordinance. He explained that Antioch was a General Law City confined to certain regulations by the state.
Councilmember Barbanica thank ed everyone for their comments. He stated illegal rent increases should be reported to law enforcement for a referral to the District Attorney. He encouraged anyone experiencing this issue contact him so he could assist them through the process. He urged anyone experiencing habitability issues report them to Code Enforcement.
He commented due to state law this ordinance would only affect a small number of properties.
Councilmember Wilson thanked everyone for their comments and recognized those struggling.
She suggested staff review rent stabilization ordinances from other local General Law cities. She noted requests from the speakers this evening should be considered.
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Councilmember Torres -Walker expressed concern that there were families facing homelessness, tenant harassment and habitability issues, and their concerns had not been addressed. She spoke in support of passing emergency moratoriums on evictions and rent increases. She encouraged the speakers to continue t o attend Council meetings and demand active leadership.
Councilmember Ogorchock thanked the public speakers and requested that this item be brought back at the next City Council meeting. She noted this ordinance did not take under consideration properties that had state bonds, tax credit or federal tax credit properties. She requested a list of those properties.
Following discussion, Council consensus directed staff to bring back a Rent Stabilization Ordinance that included the following:
➢ Elimination of exemptions for tenants in low income or owner-occupied duplexes (LIHTC) properties
➢ Outlining a process for tenants to petition and contest increases/decreases in services ➢ Rent Stabilization Board functions to be handled administratively with the intent to create and phase in a Rent Stabilization Board
➢ CPI Increases – this item w ould be addressed when the ordinance return ed for consideration
Mayor Thorpe announced the first reading of the Rent Stabilization Ordinance would take place at a Special Council meeting on August 16, 2022.
MOTION TO ADJOURN SPECIAL MEETING/STUDY SESSION
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adjourned the Special meeting at 6:54 P.M.
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the meeting to order at 7:07 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson (attended via Zoom), Mayor Pro Tem (District 2) Barbanica (attended via Zoom) and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
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City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, no reportable action, #2 CONFERENCE WITH LABOR NEGOTIATORS, no reportable action, #3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION , no reportable action; and #4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: INTERIM CITY MANAGER , no reportable action.
1. PROCLAMATION
Recognizing International Overdose Awareness Day, August 31, 2022
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously approved the proclamation.
Danielle Aubin representing BAART Programs and April Rovero representing MEDS Coalition, accepted the Recognizing International Overdose Awareness Day proclamation and thanked the City Council for the recognition. They invited the community to attend a candlelight vigil from 5:30 P.M. – 8:00 P.M. on August 27, 2022 at Chichibu Park.
Mayor Thorpe thanked Ms. Aubin and Ms. Rovero for accepting the proclamation and stated he appreciated the work they were doing in the community.
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Interim Police Chief Ford announced the following civic and community event.
• Antioch Community Day, Contra Loma Estate Park – August 6, 2022
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Householder announced the following Board and Commission openings.
➢ Sales Tax Citizens’ Oversight Committee
➢ Contra Costa Mosquito & Vector Control Board of Trustees ➢ Board of Administrative Appeals
For more information and to apply, visit: www.bit.ly/ApplyAntioch or the City’s homepage.
PUBLIC COMMENTS
Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to one and one- half minutes.
Jon Hunter , Benjamin Ambriz and Eric Strongman representing Antioch Public Works Employees’ Association (APWEA) yielded their speaker time to John Seaman.
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John Seaman, APWEA, informed Council of the duties Public Works performed on behalf of the City.
Mike Lowe, Sean Watson and Simon Kemp yielded their speaker time to Art Lucero.
Art Lucero, APWEA President, expressed concern that Antioch Public Works employees were not being fairly compensated for duties they perform ed. He requested the City reconsider contract negotiations.
Brandy Brooks, Tyler and Ryan Morgan yielded their speaker time to Todd Northam.
Todd Northam, APWEA, explained that several other Public Works Employees would have been in attendance this evening; however, they were working. He informed the public that they were at a negotiation impasse with their labor contract. He announced they were asking for a fair wage and to recoup past losses due to the last recession and cost of living.
Cleveland Porter , APWEA , requested Council negotiate in good faith with Public Works employees.
Leslie May voiced her support for the Public Works employees. She expressed concern that sex trafficking was occurring in Antioch and suggested city staff focus on the issue.
Frank Sterling spoke in support of the Public Works employees. He urged Council to adopt an emergency ordinance to prevent rent increases.
Patricia Granados spoke in support of various community events occurring in Antioch.
Lacey Brown reported on a meeting she attended with the C ommunity Engagement Team regarding a collaboration with unhoused resident advocates. She requested Interim City Manager Johnson participate in a follow up meeting to discuss thes e efforts and asked for a response to her inquiry regarding a legal syringe exchange program.
Public comment submitted in writing w as entered into the record from the following individual:
Joe Bosman, Brentwood resident.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker reported on her attendance at the Cannabis Standing Committee and C ommunity Violence Solution Ad Hoc Committee meetings as well as Unity Day. She announced a backpack giveaway would be held from 10:00 A.M. – 2:00 P.M. on August 1, 2022, at Rivertown Kids Corner . She reported on a meeting she attended with the railroad and City Manager’s office to discuss blight and abatement of “A” Street.
Councilmember Barbanica reported that he had been ill and apologized for not being in attendance in person this evening.
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Councilmember Ogorchock reported on her attendance at the Cal Cities meeting.
Councilmember Wilson reported on her attendance at the C annabis Standing Committee and Delta Diablo meetings. She announced that Tri Delta would be meeting on July 27, 2022.
MAYOR’S COMMENTS
Mayor Thorpe acknowledged Public Employees hard work and stated he hoped to come to an agreement with regards to labor negotiations. He report ed on his attendance at CCTA, East Contra Costa Regional Fee and Finance Authority (ECRFFA), Mayor’s Conference as well as the Laurel Road and Rivertown marquee ribbon cutting events. He thanked Public Works and the Parks and Recreation department for facilitating infrastructure improvements . He announced the City would be launching the Public Safety and Community Resources Department on July 27, 2022 at 11:00 A.M. at the Rivertown Resource Center.
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
B. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 14, 2022
C. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 28, 2022
D. APPROVAL OF COUNCIL WARRANTS
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
F. APPROVAL OF TREASURER'S REPORT FOR APRIL 2022
G. APPROVAL OF TREASURER'S REPORT FOR MAY 2022
H. RESOLUTION NO. 2022/121 DESIGNATING THE CITY OF ANTIOCH
REPRESENTATIVES TO THE MUNICIPAL POOLING AUTHORITY BOARD
I. RESOLUTION NO. 2022/12 2 AB 361: RESOLUTION MAKING FINDINGS
NECESSARY TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR
THE CITY COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES
J. RESOLUTION NO. 2022/123 AUTHORIZE CITY MANAGER TO EXECUTE A THREE-
YEAR AGREEMENT WITH GOLDEN BELL PRODUCTS FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $111,581.64
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K. RESOLUTION NO. 2022/124 FIRST AMENDMENT TO THE HONEYWELL BUILDING SOLUTIONS SERVICES AGREEMENT NO. 40098420 TO INCREASE THE EXTRA
WORK CONTRACT AMOUNT
L. RESOLUTION NO. 2022/125 AUTHORIZE CITY MANAGER TO APPROVE MASTER
PURCHASE ORDERS FOR GATES & ASSOCIATES, C&J FAVALORA TRUCKING,
AND WATERSAVERS IRRIGATION
M. RESOLUTION NO. 2022/126 RIVERTOWN COMMUNITY SPACE (P.W. 514-7)
N. RESOLUTION NO. 2022/12 7 APPROVAL OF INCREASE TO PURCHASE ORDER WITH SITEONE GREEN TECH FOR AN AMOUNT NOT TO EXCEED $250,000
O. RESOLUTION NO. 2022/12 8 SECOND AMENDMENT TO THE CONSULTANT
SERVICES AGREEMENT WITH CONSTRUCTION TESTING SERVICES FOR
MATERIAL TESTING AND SPECIAL INSPECTION SERVICES FOR THE BRACKISH WATER DESALINATION PROJECT (P.W. 694)
P. RESOLUTION NO. 2022/12 9 WATER TREATMENT PLANT INFORMATION AND CONTROL SYSTEMS ASSISTANCE (P.W. 246-32)
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously approved the Consent Calendar with the removal of items H and M which were removed for further discussion.
Item H – City Attorney Smith requested Council amend the resolution to change the alternate from the Risk Manager to Human Resources Director Cortez.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously approved items H amending the resolution to change the alternate from the Risk Manager to Human Resources Director Cortez.
Item M – Courtney Field and Katie Felch yielded their speaker time to Andrew Becker.
Andrew Becker stated he did not believe the current need was the development of a community space and suggested the City Council provide direction on their priorities.
Director of Public Works/City Engineer Samuelson provided an overview of the agreement and clarified that this item would be funded with park in -lieu fees that could only be utilized for new or expanding existing parks.
Mayor Thorpe provided a history of this project and stated he was excited it was moving forward.
Director of Public Works/City Engine er Samuelson provided an overview of the community outreach process.
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On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously approved Item M.
PUBLIC HEARING
5. PROPOSED ORDINANCE AMENDING THE ANTIOCH MUNICIPAL CODE
REGARDING THE PARKING OF MOTOR VEHICLES, INCLUDING RECREATIONAL
VEHICLES, ON RESIDENTIAL PROPERTY
Director of Community Development Ebbs presented the staff report dated July 26, 2022, recommending the City Council introduce, waive the first reading, and read by title only the proposed amendment to the City’s Municipal Code regarding parking motor vehicles, including Recreational Vehicles, on residential property.
Mayor Thorpe opened the public hearing.
Leslie May stated that any o rdinance adopted by Council should be enforced equally. She suggested residents with large trucks park them off of public streets to maintain line of sight.
Roshon Williams , Michelle Barlow and Marlene Hartigan spoke in support of the proposed ordinance.
Greg Lyons felt the City should address large commercial vehicles that were parked on City streets. He spoke in support of the proposed ordinance.
Richard stated he was opposed to recreational vehicle storage in front yards and driveways. He expressed concern the ordinance eliminated the requirement that recreational vehicles must be owned by a resident of the property. He suggested a 3 -foot setback requirement from public sidewalks.
Frank Sterling stated if a moratorium on rent increases was not addressed there would be more recreational vehicles parked throughout the community.
Patricia Granados spoke in support of establishing a safe space for homeless living in their recreational vehicles and encouraged the Council to consider families that would be displaced.
Greg Shanks yielded his speaker time to Roshon Williams.
Roshon Williams suggested amending the ordinance to prohibit blighted units and require a 3 - foot setback. She noted new homeowners should have the same rights as current residents.
Mayor Thorpe closed the public hearing.
Mayor Thorpe reviewed staff’s recommendations for this agenda item and noted there may be changes from Council that could be included in any motion made regarding this item.
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Councilmember Barbanica stated he appreciated the comments this evening. He reported that he had received more feedback opposing the ordinance amendment so he would not be voting to support this item.
Councilmember Torres-Walker and Mayor Thorpe requested section B3 be amended to include that the recreational vehicle is required to be registered to the tenant or property owner as specified by the driver’s license and vehicle registration.
A motion made by Councilmember Torres -Walker was seconded by Councilmember Wilson to introduce, waive the first reading, and read by title only the proposed amendment to the City’s Municipal Code (attachment A) regarding parking motor vehicles, including Recreational Vehicles, on residential property to include the following:
➢ A three-foot setback requirement
➢ Section B3 amended to require the vehicle be registered to the owner or tenant per driver’s license and vehicle registration.
Councilmember Ogorchock expressed concern that previous direction by the City Council regarding this item was not reflected in the staff report this evening . She requested eliminating 9-5.3830 B. 2 (e) A maximum of 50% of the front yard may be paved for parking purposes and requested section B (3) state the regulations within section 9-5.902.
Councilmember Ogorchock made a substitute motion, seconded by Councilmember Barbanica as follows:
➢ Change to a no fee permitting process
➢ Continuing with the current rules set forth in the previous motion and the those mentioned this evening
➢ Limiting permits (to be determined by Council)
➢ Continued to a date certain of August 23, 2022
➢ Waive the first reading
Mayor Thorpe and Councilmember Torres -Walker did not agree with limiting the number of permits.
A vote taken on the substitute motion passed.
Ayes: Ogorchock, Wilson, Barbanica Noes: Torres-Walker, Thorpe
Councilmember Torres-Walker stated she believed that once the limited number of permits were exceeded, this issue would be back before the City Council.
Mayor Thorpe stated he did not believe this issue had been resolved this evening.
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Mayor Thorpe declared a recess at 9:01 P.M. The meeting reconvened at 9:12 P.M. with all Councilmembers present.
6. NEW GAS STATION PROJECT PROPOSAL AT 5200 LONE TREE WAY: UNITED PACIFIC GAS STATION (GP-21-01, PD-21-01, UP-21-02, AR-21-03)
Planning Manager Hersch presented the staff report dated July 26, 2022, recommending the City Council take the following actions: 1) Adopt the resolution approving the United Pacific Gas Station Initial Study/Mitigated Negative Declaration (IS/MND) and the Mitigation Monitoring and Reporting Program (MMRP). 2) Adopt the resolution approving the United Pacific Gas Station General Plan Amendment (GP -21-01) changing the land use designation from Commercial Office to Convenience Commercial, 3) Introduce, waive the first readi ng, and read by title only the ordinance for a zoning map amendment from Planned Development District (PD) to Planned Development District (PD -21-01); and 4) Adopt the resolution approving a Final Development Plan, Use Permit and Design Review, subject to conditions of approval (PD -21-01, UP-21-02 AR-21-03).
Mayor Thorpe opened the public hearing.
Joel Keller and Pete Tobin, Barghausen Engineers, discussed their Community Outreach and the current condition of the property. They also gave a PowerPoint presentation of the Gas Station Project Proposal. They requested Council approve the project and allow the gas station/convenience store to be a 24-hour operation. They also asked that the re quirement for drive by security be eliminated.
Andrew Becker provided a history of the property and suggested Council look at alternative solutions to fossil fuels. He questioned if the project had been properly noticed.
Leslie May and Lindsey Amezcua opposed the project and suggested Council investigate alternative uses for the property. Ms. Amezcua stated she lived in the area and was not notified of this application.
Atticus Finch, Frank Sterling and Richard opposed the project.
REBUTTAL
Joel Keller stated he appreciated the comments this evening. He explained that noticing was provided to residents based on a list provided by the Planning Department . He clarified that buildings on site were in a state of disrepair and suggested preserving the historical significance with a plaque on the property. He confirmed marketing research showed that there was a gap between demand and supply for gas stations in this area . He noted this project could capture that demand and be a source of new funding for Antioch . He requested Council approve the project.
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Public comments submitted in writing were entered into the record from the following individuals:
Rob Greaff, Delta Schools FCU and Reid Enright.
Mayor Thorpe closed the public hearing.
Councilmember Wilson thanked the public for their comments.
In response to Councilmember Wilson, Director of Community Development Ebbs stated this was the first development proposal received for this project site and clarified that the City did not actively market this property.
Councilmember Wilson stated she did not support the project due to its environmental impacts.
She supported looking at alternative uses for the property.
Councilmember Barbanica stated he did not support another gas station in this area, particularly one in a residential neighborhood. He supported looking at alternative uses for the property.
Councilmember Ogorchock commented that the buildings on this property were in disrepair and the gas station /convenience store was esthetically pleasing ; however, she had received feedback from residents in the area who did not support the project. She noted she was originally in favor of the project; however, no longer felt it was appropriate for the neighborhood.
Councilmember Torres-Walker thanked the presenters for their hard work on this project and apologized that the City had wasted their time since it d id not appear there was support this evening. As an environmental justice advocate , she felt it would be out of alignment with her values to vote for this project.
Mayor Thorpe thanked the public for their participation and explained that the City did not control private property.
Anna Radonich, Stantec CEQA Consultant, reported that she had evaluated historical resources in the CEQA document, and they were not found to be significant.
Mayor Thorpe reported since this item first came to Council there had been an election and the direction of the City had changed significantly.
On motion by Councilmember Barbanica, seconded by Councilmember Wilson the City Council unanimously denied the New Gas Station Project Proposal.
COUNCIL REGULAR AGENDA
7. UNHOUSED RESIDENT SERVICES - NON-CONGREGATE BRIDGE HOUSING SITE AT EXECUTIVE INN LOCATED AT 515 EAST 18TH STREET
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Assistant City Manager Bayon Moore presented the staff report dated July 26, 2022, recommending the City Council adopt the resolution approving a master lease with Rudram LLC for the Executive Inn located at 515 East 18th Street *with an option to purchase . [*Correct Recommended Action : recommending the City Council adopt the resolution approving a master lease with Rudram LLC for the Executive Inn located at 515 East 18th Street for an initial term of two (2) years with two (2) option terms of two (2) years each.]
Lacey Brown stated she believed the lease terms for this property were unreasonable and she suggested the City renegotiate with the property owner. She noted they wanted to ensure mitigation of the properly and relocation of current tenants was done by qualified individuals.
Courtney Fields and Katie Felch yielded their speaker time to Andrew Becker.
Andrew Becker stated he believed the lease terms were unreasonable and could set precedent for property owners in Antioch. He expressed concern for the potential of asbestos and mold on site. He was also concerned that the relocation of people displaced by this project would be the responsibility of the landlord.
Atticus Finch expressed concern for the financial impact of this project. He stated this proposal would not provide housing and services for unhoused families.
Frank Sterling stated he did not believe this project was the best use of public funds and encouraged Council to reconsider moving forward.
Assistant City Manager Bayon Moore explained terms and conditions relative to the lease agreement.
In response to Councilmember Wilson, Assistant City Manager Bayon Moore explained that from the beginning the intention of this program had been to focus on unsheltered adults and co - location with families would not be compatible
Mayor Thorpe added that Council gave direction to focus this program on the chronically homeless living in encampments.
In response to Councilmember Torres-Walker, Assistant City Manager Bayon Moore explained no construction outside sprinkler installation would be necessary to protect residents. She noted the disturbance that would invoke treatment of asbestos or lead based paint was not proposed in the leasing scenario. She reported following the RFP process, BACS was asked to join the City in a walk-thru of the site and recognized it could be better secured with limited access. She noted the property owner took the proactive stance of installing a fence. She explained BACS staffing model and commented the provider had extensive experience with sites like Antioch.
Councilmember Torres-Walker stated she had not always been a supporter of this site selection because it was chosen by people who did not live in the community, and she was concerned the neighborhood was unsafe. She stated the project had evolved to incorporate substantial wrap-
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
July 26, 2022 Page 15 of 19
around services, 24-hour onsite programs and assistance of the Antioch Police Department , if necessary. She added that this was a 2-year pilot program utilizing ARPA funds. She discussed costs associated with abating encampments and combating homelessness in Antioch . She stated she was in support of the project and believed that those in need of this program would be grateful to Council for moving forward.
Councilmember Ogorchock thanked staff for their hard work on this item. She reported that residents in the area were not in support of this project, and she was concerned that it would leave a majority of the unhoused on the street. She believed ARPA funds would be better spent on a Homekey project on Delta Fair Blvd . She noted if a room was vandalized, it could require major construction.
Assistant City Manager Bayon Moore stated if substantial repair work were to be performed a licensed contractor would be obligated to address asbestos and lead based paint.
City Attorney Smith added that under Article 8 of the Basic Lease Provisions, there were several obligations to ensure they were addressing all quality-of-life issues so they would be maintaining a standard appropriate for people occupying the space.
Mayor Thorpe stated the main concern was that there were no facilities for homeless individuals. and the City had been chasing people from corner to corner. He reported when they had visited facilities in other jurisdictions, it was determined that they typically served those from the relative location. He explained their goal was to serve and stabilize individuals so they could transition into permanent housing. He reported that direction on this item came from the community and was not absent the expertise of Focus Strategies. He confirmed that the focus would be on the people who were the most difficult to get into services due to chronic homelessness. He thanked staff for their leadership on this item.
City Attorney Smith stated when there was a motion, he would suggest that it include authorizing the Interim City Manager to execute the agreement.
Councilmember Wilson implored Council to work on funding a project to assist unhoused families.
RESOLUTION NO. 2022/130
On motion by Mayor Thorpe , seconded by Councilmember Torres -Walker, the City Council adopted the resolution approving a master lease with Rudram LLC for the Executive Inn located at 515 East 18th Street for an initial term of two (2) years with two (2) option terms of two (2) years each and authorizing the Interim City Manager to execute the agreement. The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock, Barbanica
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
July 26, 2022 Page 16 of 19
8. UNHOUSED RESIDENT SERVICES - SUPPORTIVE SERVICES FOR THE CITY OF ANTIOCH'S NON-CONGREGATE BRIDGE HOUSING PROGRAM LOCATED AT 515 EAST 18TH STREET
Assistant City Manager Bayon Moore presented the staff report dated July 26, 2022, recommending the City Council adopt the resolution authorizing the City to enter into an agreement with Bay Area Community Services (BACS) for supportive services associated with the City's Non Congregate Bridge Housing Program located at 515 East 18th Street.
Lacey Brown expressed concern regarding the condition of the rooms at the Executive Inn. She stated she was opposed to this project because there were limited funds and people would still be pushed corner to corner. She explained that they were recommending a more efficient way to spend these dollars that would help more people.
Courtney Fields and Katie yielded their time to Andrew Becker.
Andrew Becker agreed with Ms. Brown’s comments. He stated he was not opposed to housing the unhoused, BACS or the cost of services. He noted moving this program model to a larger community would be more impactful. He reported that he had brought solutions to the City and the Mayor, and staff had not responded to his request for a meeting. He offered to donate his time to assist the City in connecting to resources so that people could get the help they needed.
Atticus Finch stated he believed supportive services were too expensive for the impact it would have on the unhoused community. He believed the unhoused were undercounted because they feared being reported.
In response Council, Jonathan Russell representing BACS explained that individu als participating in the program would not be permitted to use or distribute substances onsite. He explained their harm reduction model . He commented that they would support participants in maintaining their prescribed medication so they could manage their own needs with support. He noted they would also provide secured refrigeration, if needed.
Mayor Thorpe thank ed Assistant City Manager Bayon Moore for her work on this item. He reiterated that this process started years ago in response to individuals concerned that there were no services for the unhoused. He noted goals and approaches differed; however, this was the approach chosen to deal with encampments in Antioch.
City Attorney Smith stated when there was a motion, he would suggest that it include authorizing the Interim City Manager to execute the agreement.
RESOLUTION NO. 2022/131
On motion by Mayor Thorpe , seconded by Councilmember Torres -Walker the City Council adopted the resolution authorizing the City to enter into an agreement with Bay Area Community Services (BACS) for supportive services associated with the City's Non-Congregate Bridge
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
July 26, 2022 Page 17 of 19
Housing Program located at 515 East 18th Street and authorizing Interim City Manager Johnson to execute the contract. The motion carried the following vote:
Ayes: Wilson, Torres-Walker, Thorpe Noes: Ogorchock, Barbanica
9. TRAFFIC CALMING PROGRAM UPDATE (P.W. 282-19)
Director of Public Works/City Engineer Samuelson recognized his staff who were in attendance this evening. He presented the staff report dated July 26, 2022, recommending the City Council receive an update on the traffic calming program and provide recommendations, if any, on potential changes to the policy.
Atticus Finch stated he felt speed surveys were flawed and noted that slowing down traffic was better addressed by the Antioch Police Department.
Councilmember Ogorchock and Councilmember Torres -Walker thanked Direct or of Public Works/City Engineer Samuelson for the update.
Following discussion, Council consensus d irected staff to bring back a non-residential traffic calming item for Council discussion and feedback.
10. NEW CLASS SPECIFICATIONS, ASSIGNING SALARY RANGES, ASSIGNING THE
CLASSIFICATIONS TO THE BARGAINING UNITS
Director of Human Resources Cortez presented the staff report dated July 26, 2022, recommending the City Council take the following actions: 1) Adopt a Resolution Approving the New Class Specification for Principal Executive Assistant Assigning a Salary Range, Assigning the Classification to the Management - Mid/Professional Bargaining Unit. 2) Adopt a Resolution Approving the New Class Specification for Human Resources Specialist, Assigning a Salary Range, Assigning the Classification to the Confidential Bargaining Unit.
RESOLUTION NO. 2022/132
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adopted the resolution approving the New Class Specification for Principal Executive Assistant Assigning a Salary Range, Assigning the Classification to the Management - Mid/Professional Bargaining Unit.
RESOLUTION NO. 2022/133
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adopted a Resolution Approving the New Class Specification for Human Resources Specialist, Assigning a Salary Range, Assigning the Classification to the Confidential Bargaining Unit.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
July 26, 2022 Page 18 of 19
11. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND AUTHORIZATION FOR ASSOCIATED CONFERENCE EXPENSES NOT TO EXCEED $2,300 PER
PARTICIPANT
Director of Human Resources Cortez presented the staff report dated July 26, 2022, recommending the City Council appoint a Voting Delegate and Alternate Delegate for the 2022 League of California Cities Annual Conference. It is further recommended that th e Council authorize the associated conference expenses for one participant in an amount not to exceed $2,300.
Councilmember Ogorchock volunteered to serve as Voting Delegate for the City of Antioch and Mayor Thorpe volunteered to serve as the Alternate Delegate.
On motion by Councilmember Wilson, seconded by Councilmember Barbanica the City Council unanimously appointed Councilmember Ogorchock Voting Delegate and Mayor Thorpe Alternate Delegate for the 2022 League of California Cities Annual Conference.
PUBLIC COMMENT
Tiki Flow, Reimagine Antioch, announced a backpack giveaway event sponsored by Reimagine Antioch, Lift Up Contra Costa and PPEYC, would be held from 10:00 A.M. – 2:00 P.M. on August 1, 2022.
Frank Sterling reiterated his support for a moratorium on rent increases.
Atticus Finch request ed Mayor Thorpe step down and suggested the community review Councilmember’s donations.
Patricia Granados thanked Council for their dedication to the community.
Andrew Becker spoke in support of Council and offered to work with them on positive solutions.
STAFF COMMUNICATIONS – None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Torres -Walker thank ed the speakers for their comments. She expressed concern that no immediate action was taken to address the needs of Antioch renters. She suggested reconsidering what local control means in Antioch. She recognized the indigenous people and the diverse population of Antioch. She commented that civil rights were important to poor communities, people of color and working families. She stated she was pleased to work with a Council who supported renters in the community.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
July 26, 2022 Page 19 of 19
Councilmember Ogorchock reported on her attendance at the Cal Cities meeting. She requested Council begin working on a Homekey project for the Christmas Tree Lot property as soon as possible.
Councilmember Wilson thanked everyone who participated in the meeting this evening.
Mayor Thorpe stated he appreciated everyone’s participation in the meeting. He noted he had theories on where the community received misinformation. He encouraged people to understand local, state and federal government structures. He discussed limitations of a General Law City and the possibility of Ci ty Clerk Householder holding a local government educational meeting.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously adjourned the meeting at 12:00 A.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
C
09-13-22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of September 13, 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
D
09-13-22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of September 13, 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 23, 2022
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of August 23, 2022, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
E
09-13-22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of September 13, 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 Special Meeting Minutes of August 26, 2022
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting Minutes of August 26, 2022, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
CITY OF
ANTIOCH CALIFORNIA
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
AUGUST 12-AUGUST 29, 2022
FUND/CHECK#
100 General Fund
Non Departmental
00401975 BRIGHT PLANET SOLAR
00402007 EMPOWER SOLAR INC
00402132 DIAMOND HILLS SPORT CLUB
00402139 FAMILY SUPPORT REGISTRY
00402153 IN SHAPE HEALTH CLUBS
00402156 LIFE INSURANCE COMPANY
00402160 MUNICIPAL POOLING AUTHORITY
00402161 MUNICIPAL POOLING AUTHORITY
00402165 OPERATING ENGINEERS LOCAL NO 3
00402168 PARS
00402181 STATE OF CALIFORNIA
00402182 STATE OF CALIFORNIA
00402203 AFLAC
00402239 BLUE SHIELD LIFE
00402259 DE NOVA HOMES
' 00402261 DELTA DENTAL
00402301 RANEY PLANNING & MANAGEMENT INC
00402313 STANTEC CONSULTING SERVICES INC
00943294 ANTIOCH PD SWORN MGMT ASSOC
00943295 ANTIOCH POLICE OFFICERS ASSOCIATION
00943296 ANTIOCH PUBLIC WORKS EMPLOYEE ASS.
00943309 NATIONWIDE RETIREMENT SOLUTIONS
00943317 VANTAGEPOINT TRANSFER AGENTS
00943318 NATIONWIDE RETIREMENT SOLUTION
City Council
00401995 COSTCO
00402085 VERIZON WIRELESS
00402226 BAGEL STREET CAFE
City Attorney
00401966 BANK OF AMERICA
00402024 LEONE & ALBERTS PROFESSIONAL CORP.
00402027 LEXISNEXIS
00402065 SHRED IT INC
00402087 VERIZON WIRELESS
00402091 VERIZON WIRELESS
00402193 VERIZON WIRELESS
00402269 FEDEX
00402293 OFFICE DEPOT INC
00402308 SHRED IT INC
00943281 CANON FINANCIAL SERVICES
00943298 CANON FINANCIAL SERVICES
BUILDING PERMIT REFUND
BUILDING PERMIT REFUND
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
INSURANCE PREMIUM
INSURANCE PREMIUM
HILLCREST/SANDCREEK REIMB
INSURANCE PREMIUM
CONSUL TING SERVICES
PROFESSIONAL SERVICES
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
PAYROLL
MEAL EXPENSE
DATA USAGE
MEAL EXPENSE
VARIOUS BUSINESS EXPENSES
LEGAL SERVICES
LEXIS ADV SUBSCRIPTION
SHRED SERVICES
DATA USAGE
DATA USAGE
DATA USAGE
SHIPPING
SUPPLIES
SHRED SERVICES
COPIER LEASE
COPIER LEASE
Finance Accounting
Prepared by: Michele Milo
9/8/2022
4.29 2.88
80.00 250.00
368.99
4,398.02
2,041.67
999.75
3,752.00
7,780.70
75.00 50.00
4,829.86
4,468.26
428,815.00
41,420.01
6,295.75
1,623.00
660.00
20,697.56
4,733.68
39,332.65
8,232.49
29,334.54
187.79
103.44
36.21 80.09
2,566.20
465.00
107.40
51.72 51.62
51.62 70.32
300.50
311.83
155.30
150.16
6F
September 13, 2022
G
09-13-22
RECOMMENDED ACTION
It is recommended that the City Council receive and file the June 2022 Treasurer’s Report.
FISCAL IMPACT
There is no fiscal impact of this action.
DISCUSSION
The City’s Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurer’s Report is provided with both reporting provisions of the Policy.
ATTACHMENTS
A. City Treasurer’s Report
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Lauren Posada, City Treasurer LP
SUBJECT: Approval of Treasurer’s Report for June of 2022
CITY OF ANTIOCH
SUMMARY REPORT ON THE CITY'S INVESTMENTS
June 30, 2022
Commercial Paper
$24,447,763
US Treasury
$44,787,840
US/National Agency
$24,844,028
CAMP
$10,227 ,448
LAIF
$11,733,387
Fiscal Agent
Asset-Backed
Security
$12,827,710
Money Market
$56,255,377
Certificates of
Deposit
$1,600,000
Total of City and Fiscal Agent Investments = $186,869,640 All City investments are shown above and conform to the City Investment Policy . All investment transactions during this period are included in this report. As Treasurer of the City of Antioch and Finance Director of the City of Antioch, we hereby certify that sufficient investment liquidity and anticipated revenue are available to meet the next six (6) months' estimated expenditures .
Dawn Merchant
Finance Director
8/16/2022 Prepared by: Finance Department-Accounting Division Page 1 Summary of Fiscal Agent Balances by
Debt Issue
Antioch Public Financing Authority 2015 Bonds
Antioch Development Agency 2009 Tax Allocation Bonds
Amount
52 146,035
$146,087
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09-13-22
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Lauren Posada, City Treasurer LP
SUBJECT: Approval of Treasurer’s Report for July of 2022
RECOMMENDED ACTION
It is recommended that the City Council receive and file the July 2022 Treasurer’s Report.
FISCAL IMPACT
There is no fiscal impact of this action.
DISCUSSION
The City’s Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurer’s Report is provided with both reporting provisions of the Policy.
ATTACHMENTS
A. City Treasurer’s Report
)
227 Housing Fund
Housing
CITY OF
ANTIOCH CALIFORNIA
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
AUGUST 12-AUGUST 29, 2022
FUND/CHECK#
00401969 BAY AREA AFFORDABLE HOMEOWNERSHIP ALLIANCE
00402011 HABITAT FOR HUMANITY EAST BAY
00402062 SHELTER INC
Finance Accounting
Prepared by: Michele Milo
9/8/2022
HOUSING SERVICES
MAY 2022
HOUSING SERVICES
19,625.00
26,281.88
11,370.31
61 September 13, 2022
J
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Rent Stabilization Ordinance – Second Reading
RECOMMENDED ACTION:
It is recommended that the City Council waive reading and adopt the Rent Stabilization Ordinance (Attachment A).
FISCAL IMPACT
The City Attorney’s Office will require staffing to perform hearings rendering decisions related to tenant Rent Reduction Petitions and landlord Fair Return Petitions. The City Attorney’s Office will also require staffing to respond to legal questions associated with the Rent Stabilization Ordinance. 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 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 many 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.
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 Antioch City Council Report
September 13, 2022 Agenda Item #J 2
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 Limits Does the Ordinance Propose on Rent Increases? Under the Rent Stabilization Ordinance, one increase is allowed per 12- month period. The City Council set a ceiling on rental rate increases by using a combination of a set percentage and a percent of CPI. The City Council introduced a Rent Stabilization Ordinance that proposes that increases in Rent on residential real property in the City may not exceed the exceed the lesser of three percent (3%) or sixty percent (60%) 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.
Antioch City Council Report
September 13, 2022 Agenda Item #J 3
To assist the City Council in its discussion and deliberation, staff provided 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 units
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 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.
Antioch City Council Report
September 13, 2022 Agenda Item #J 4
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 narr ower 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 th at includes all “affordable housing” subject to deed- restriction or agreement with a government agency, which would include Low -Income Tax Credit Program-funded developments. The Rent Stabilization Ordinance exemptions do not include any duplex.
3. Implementation and Enforcement of the City’s Rent Stabilization Ordinance? Enforcement Mechanisms
The Rent Stabilization Ordinance includes a process for tenants to report or contest unlawful rent increases. The 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 directs the City Attorney to designate a hearing officer for hearings concer ning tenant and landlord petitions.
Tenant Rent Reduction Petition
The 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 c omplaint 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.
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.
Antioch City Council Report
September 13, 2022 Agenda Item #J 5
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 dec ided 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 P etition 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 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, Antioch City Council Report
September 13, 2022 Agenda Item #J 6
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 Stabilizat ion 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 a mount 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 costs 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 Constitutions (U.S. and California) and laws of California or United Stat es (Government Code section 37100). Following adoption, the entire ordinance must be published in a newspaper of general circulation.
Antioch City Council Report
September 13, 2022 Agenda Item #J 7
ATTACHMENTS
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 EXCEED THE LESSER OF THREE PERCENT (3%) OR SIXTY PERCENT (60%) 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 ha ve 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 face 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 are 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 experiencing 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 resulting 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 consequences 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 La ndlords 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 com ment 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 regulations 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 constit ute 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 Title 11, entitled “Tenant Protections,” is hereby added to the Antioch Municipal Code.
Section 3 Chapter 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 lesser of three percent (3%) or sixty percent (60%) of the most recent 12-month increase in the Consumer Price
ATTACHMENT A
5 Index for All Urban Consumers in the San Francisco -Oakland-Hayward Area published by 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 exceed the lesser of three percent (3%) or sixt y percent (60%) 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 curtai ling 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 p rovide 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 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 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 t he Bureau of Labor Statistics arising after commencement of the tenancy.
(2) The length of time since the last 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 Attorney shall promulgate a dministrative 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 language that a Landlord and tenant used primarily when negotiating the terms of the tenancy. § 11-1.09. VIOLATIONS; REMEDIES.
(A) It shall be unlawful f or 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 p revailing 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 administeri ng 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 Ordinance 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 administrative 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 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 an d shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
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.
* * * * * * * *
ATTACHMENT A
13 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:
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
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1954.50.
1954.51.
1954.52.
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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 —
K
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
SUBJECT: Addendum to License Agreement with Pacific Gas and Electric for a Community Resource Center at the Nick Rodriguez Community Center
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving an Addendum to the License Agreement between the City of Antioch and Pacific Gas and Electric Company to provide a Community Resource Center (CRC) at the Nick Rodriguez Center parking lot during Emergency Events, and
2. Authorizing the City Manager to execute the Agreement.
FISCAL IMPACT
There is no direct fiscal impact to t he City Budget. PG&E funds all needed resources to establish a CRC as well as pays a daily fee to the City in the event the C ommunity Resource Center is activated.
DISCUSSION
At the Regular Meeting of August 25, 2020, the City Council of the City of A ntioch adopted resolution 2020/132 approving an agreement with PG&E to provide an i ndoor Community Resource Center (CRC ) at the Nick Rodriguez Community Center during public safety shutoff events.
Under the agreement, PG&E has installed equipment at the Nick Rodriguez Community Center that allow s an external generator to power the Multi purpose Room during a power outage. When the CRC is activated, PG&E will provide the generator and pay the City $500 per day for use of the multipurpose room.
PG&E is now requesting an addendum to th e agreement to expand this use to include “Emergency Events” which include, but are not limite d to , a significant earthquake, wildland fire, major heat event or winter storm requiring a warming or cooling center, Antioch City Council Report
September 13, 2022 Agenda Item #K 2
wind event of ov er forty (40) miles per hour, major gas leak or gas -related fire, cyber incident that slows system response times, or other events of this scale.
ATTACHMENTS
A. Resolution
B. License Agreement Addendum
C. Original Agreement
ATTACHMENT A
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AN ADDENDUM TO THE LICENSE AGREEMENT WITH PACIFIC GAS
AND ELECTRIC TO PROVIDE AN OUTDOOR COMMUNITY RESOURCE CENTER
DURING EMERGENCY EVENTS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT
WHEREAS, on September 2, 2020, the City of Antioch entered into a license agreement with Pacific Gas and Electric to provide an indoor C ommunity Resource Center (“CRC”) at the Nick Rodriguez Community Center during public safety power shutoffs (the “License Agreement” or “Attachment C”);
WHEREAS, Pacific G as and Electric requested an addendum to the License Agreement to operate the CRC during emergency events in addition to public safety power shutoffs (“Attachment B”); and
WHEREAS, the City of Antioch desires to expand the services provided by the CRC to include emergency events.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cit y of Antioch hereby:
1. Approves an addendum to the License Agreement between the City a nd Pacific Gas and Electric, in substantially the form of Attachment B, to provide a CRC at the Nick Rodriguez Community Center during emergency events.
2. Authorizes the Ci ty Manager to execute the addendum to the License Agreement subject to approval of form by the City Attorney.
* * * * * * * * *
I HEREBY CERTIFY that the fore going resolution was passed and adopted by the City Council of the City of Antioch at a regular meetin g thereof, held on the 13th day of September, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ADDENDUM TO LICENSE AGREEMENT (PUBLIC SAFETY POWER SHUTOFF)
This Addendum to the LICENSE AGREEMENT (PUBLIC SAFETY POWER SHUTOFF) (“License”) dated ____________, is entered into by and between the ___________________, (“LICENSOR”) and Pacific Gas and Electric Company, a California corporation, (“PG&E”), Through this Addendum, PG&E desires, and LICENSOR is willing, to modify the License regarding the certain real property commonly known as ___________________, [Address], Assessor's Parcel Number __________, hereinafter called the "Property," located in the City of ______, County of _____, State of California, and grant the additional rights as follows:
LICENSOR grants to PG&E, PG&E’s Representatives, and PG&E’s customers the right to use the License Area and certain interior areas of the Property in connection with an Emergency Event. For purposes of this License Agreement, an "Emergency Event" means an event, natural or human-caused, that requires an emergency response to protect life or property and is not a PG&E designated Public Safety Power Shutoff event. Examples of Emergency Events include but are not limited to a significant earthquake, wildland fire, major heat event or winter storm requiring a warming or cooling center, wind event of over forty (40) miles per hour, major gas leak or gas-related fire, cyber incident that slows system response times, or other events of this scale.
For an Emergency Event, PG&E shall be subject to the same PSPS Event terms and conditions set forth in the License.
NOW, THEREFORE, PG&E and LICENSOR agree that the License shall be modified in the manner and to the extent hereinbefore stated and LICENSOR hereby grants to PG&E the rights necessary to effect such modification.
Except as expressly set forth herein, this Addendum shall not in any way alter, modify, or terminate any provision of the License.
This Addendum may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Addendum and shall have the same force and effect as a manually executed original.
"PG&E"
PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation
By:
Name:
Its:
Date:
"LICENSOR"
_________________________
_________________________
By:
Name:
Its:
Date: __________________________
Attachment B
Attachment C
Antioch City Council Report
September 13, 2022 Agenda Item #L 2
As the City continues to recruit for its vacancies, the Building Inspection Services Division must maintain the ability to provide ongoing building inspection services. Construction activity is very high in the City of Antioch and the demand for inspection services continues to increase.
The proposed extension will extend the contract to June 30, 2023 and will add $300,000 to the contract. The use of contract staff will be reduced as the budgeted positions are filled.
ATTACHMENT
A. Resolution
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING
THE FIFTH AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC. TO PROVIDE BUILDING INSPECTION AND TECHNICIAN STAFFING
FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO THE AGREEMENT
WHEREAS, the Community Development Department has current vacancies in the Community Development Technician, Building Inspector, and Building Inspection Services Manager classifications;
WHEREAS, the Building Inspection Services Division continues to experience extremely high demands for building permits which require significant numbers of inspections;
WHEREAS, the Building Inspection and supportive t echnician positions are essential to the operation of the Community Development Department;
WHEREAS, 4Leaf, Inc. has been providing a contract Permit Technician to provide the services of a Community Development Technician and two Building Inspectors under an existing Professional Services Agreement that have each acquired unique and specific skills related to the operation of the City of Antioch Building Inspection Services Division; and
WHEREAS, continued contract support for the Building Inspection Services Division is now requested to sustain business operations and reduce the potential for City business interruptions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves a fifth amendment to the agreement with 4Leaf, Inc., in substantially the form attached as Exhibit 1, to provide continued contract services at the Community Development Technician, Building Inspector, and Building Inspection Services Manager levels through June 30, 2023 in an amount of $300,000 for an amount not to exceed $900,000, and
2. Authorizes the City Manager to execute the F ifth Amendment to the Agreement in a form approved by the City Attorney.
* * * * * * *
ATTACHMENT A
A1
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 13th day of September, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT: ___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
A3
A4
A5
A6
A7
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of September 13, 2022
Honorable Mayor and Members of the City Council
SUBMITTED BY: Forrest Ebbs, Community Development Director / '[ SUBJECT: Authorize City Manager to Execute an Agreement with Lind Marine for a total contract amount not to exceed $220,000.
RECOM MENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving an Agreement with Lind Marine, Inc. (LMI) for a total agreement amount not to exceed $220,000; and
2. Authorizing the City Manager to execute the agreement with Lind Marine, Inc. in a form approved by the City Attorney.
FISCAL IMPACT
Funding for this agreement is in included in the adopted Fiscal Year 2021-2023 for Code Enforcement abatement services. Salary savings from vacant code enforcement positions will be used for this one-time expense.
DISCUSSION
The City of Antioch is currently working with the California State Land Commission (SLC) to acquire and remove the existing barge located in the waters of the San Joaquin River as visible from the A Street extension. The SLC will take possession of the abandoned vessel and will transfer possession to the City of Antioch for disposal. Lind Marine, Inc. is a marine salvage company that offers this unique service and routinely works with the SLC on similar projects and thus the City is requesting entering into the agreement under sole source provisions of the City's purchasing ordinance within the Antioch Municipal Code. The City expects to contract with Lind Marine, Inc. to have the vessel removed in late September and is coordinating final transfer paperwork with the SLC.
Removal of this vessel will eliminate a public nuisance as the it represents a hazard to the natural environment, visual blight, and a potential danger to persons boarding it. The vessel is not seaworthy and will need to be demolished prior to removal. Lind Marine, Inc. will manage and execute the entire removal project.
ATTACHMENTS
A. Resolution
B. Maintenance Services Agreement
M
Agenda Item #
ATTACHMENT A
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LIND MARINE, INC. AND APPROVE THE PURCHASE ORDER FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $220,000.
WHEREAS, the City of Antioch has coordinated with the California State Land s Commission for the possession of the barge located in the San Joaquin River adjacent to the City of Antioch with the expectation that it be removed; and
WHEREAS, Lind Marine, Inc. is a uniquely qualified contractor of marine salvage and recovery services and works extensively with similar projects in the San Joaquin/Sacramento Delta; and
WHEREAS, the City Council of the City of Antioch has considered awarding the agreement with Lind M arine, Inc. under sole source provisions of the City’s purchasing ordinance in the Antioch Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves the Professional Services Agreement with Lind Marine, Inc. for a total contract amount not to exceed $220,000 as a sole source; and
2. Authorizes the City Manager to execute the agreement 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 13th day of September 2022, by the following vote:
AYES:
ABSENT:
ABSTAIN:
NOES:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A1
lindmarine.com MAIN OFFICE MARE ISLAND YARD TEL 707.762.7251 150 Landing Way Bldg B, Petaluma, CA 94952 1250 Nimitz Ave., Vallejo CA 94592 FAX 707.762.2129 COLLINSVILLE PLANT PETALUMA SAND YARD GENERAL ENGINEERING CONTRACTOR LIC. #1000690 1285 Collinsville Rd., Suisun City, CA 94585 150 Landing Way, Petaluma, CA 94952 July 22nd, 2022
Forrest Ebbs
Community Development Director
: (925) 779-7038
6: (925) 779-7034
: www.antiochca.gov |
www.antiochisopportunity.com
City of Antioch | City Hall | 200 “H” Street | Antioch, CA 94531-5007
RE: Removal and Proper Disposal House Barge
Salvage Plan/Methodology:
Lind Marine, Inc. (LMI) crew will mobilize tugs, spud barge with 850 Sennebogen excavator with grapple, materials barge and 140 Ton YD crane barge from LMI shipyard located on Mare Island in Vallejo, CA to house barge (Lash Barge) location.
The first phase of operations will be in-situ demolition of the house and debris on top of the steel lash barge. This will be done with the Sennebogen excavator with grapple landing the debris on fully contained LMI materials barge with bin walls. Containment boom will be deployed encapsulating the house barge preventing any debris that might fall overboard from escaping into the surrounding waterways during this phase.
The second phase of operations, and with the house and all debris removed from atop the barge, will be to crane pick the lash barge out of the water and land on LMI materials barge. Currently the lash barge is spudded down in two locations, LMI crane barge will pick both spuds off and land on LMI materials barge. Once spuds have been removed LMI 140 Ton Crane Barge will rig into the lash barge, lift out of water and land on LMI materials barge.
The third and final phase of operations will be the proper disposal of the house debris and lash barge. LMI crew and equipment will transit back to LMI shipyard and tie up pier side. The Sennebogen excavator will transload the house debris into high side dump trucks for proper disposal at Potrero Hills Landfill. LMI D7 140 Ton Railway Crane will pick the lash barge off materials barge and land on shipyard blacktop. The lash barge will then be plasma cut in half for removal of nonmetal debris that was discovered inside the lash barge during site visit and for road weight restrictions. With all nonmetal debris removed LMI D7 140 Ton Railway Crane will pick each lash barge section and land on LMI Goldhofer trailer for transit to Alco Iron & Metal where it will be offloaded and scrapped.
ATTACHMENT B
B1
lindmarine.com MAIN OFFICE MARE ISLAND YARD TEL 707.762.7251 150 Landing Way Bldg B, Petaluma, CA 94952 1250 Nimitz Ave., Vallejo CA 94592 FAX 707.762.2129 COLLINSVILLE PLANT PETALUMA SAND YARD GENERAL ENGINEERING CONTRACTOR LIC. #1000690 1285 Collinsville Rd., Suisun City, CA 94585 150 Landing Way, Petaluma, CA 94952
Pricing
Item Quantity Unit Cost Total
Removal and Proper
Disposal of House and
Barge
1 Lump Sum $220,000.00 $220,000.00
Total $220,000.00
Exclusions
1) Existing piles may need to be removed to allow LMI barges to get close enough to house barge to perform the above-mentioned operations.
2) This scope of work will need to be carefully scheduled around optimal high tides as the area of operations is very shallow. Work may only be able to be performed at high tides making this potentially a two-to-three-day operation onsite.
3) A thorough walkthrough of the house with Contra Costa Sheriff’s Marine Unit and LMI project manager will need to take place before demolition can commence to ensure no persons are inside the premises.
4) LMI will not be held liable should any parties claim ownership and take legal action for the destruction and removal of the house barge. LMI will be working under contract for the City of Antioch with the understanding that City of Antioch and or State Lands Commission has full legal authority to remove and dispose of the house barge.
5) It is unknown currently whether any large tanks containing hydrocarbons are within the house or on deck the barge. LMI will bring de-fueling equipment with storage tanks as a precaution and if any large amounts are found additional charges may be added to the lump sum pricing.
Additionally, if large amounts are found and removed by LMI, City of Antioch may need to produce a temporary CA EPA ID# for proper disposal which lists City of Antioch as the generator.
B2
lindmarine.com MAIN OFFICE MARE ISLAND YARD TEL 707.762.7251 150 Landing Way Bldg B, Petaluma, CA 94952 1250 Nimitz Ave., Vallejo CA 94592 FAX 707.762.2129 COLLINSVILLE PLANT PETALUMA SAND YARD GENERAL ENGINEERING CONTRACTOR LIC. #1000690 1285 Collinsville Rd., Suisun City, CA 94585 150 Landing Way, Petaluma, CA 94952
Lind Marine is happy to provide this proposal to remove and properly dispose of the house barge. LMI is uniquely qualified for this project having the experience, qualified crew and equipment needed to complete this project safely, on budget and to customer satisfaction.
Please contact Scott Hynd at [email protected] for clarifications on this proposal or requests for additional information.
Thank you in advance for your review and consideration of Lind Marine, Inc.’s proposal.
If agreeable, please sign below and return at your earliest convenience.
Printed Name: _______________________ Printed Name: _____________________
Signature: _______________________ Signature: _____________________
Date: _______________________ Date: _____________________
B3
N
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Economic Development Director
APPROVED BY: Cornelius H. Johnson, City Manager
SUBJECT: License Agreement for Seasonal Use of Real Property Located at Delta Fair and Century Boulevards. (APN 074-080-029)
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a License Agreement for Seasonal Use of Real Property with ABC Tree Farms, LLC, for property located at Delta Fair and Century Boulevards (APN 074-080-029).
FISCAL IMPACT
The license for seasonal use of the City-owned property will generate $20,000 of rental income for the months of September through December of 2022.
DISCUSSION
ABC Tree Farms, LLC., has had a presence in Antioch for decades. The City and ABC Tree Farms entered into a multi -year lease in 2014. ABC Tree Farms has used the property to provide seasonal sales of pumpkins and holiday trees to the Antioch and neighboring communities.
The term of the license for seasonal use of land is for four (4) months for this year only.
Staff will return next year with a new License Agreement should the site still be available.
ATTACHMENTS
A. Resolution
B. License Agreement
RESOLUTION NO. 2022/XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING
THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR SEASONAL USE OF REAL PROPERTY WITH ABC TREE FARMS, LLC. FOR PROPERTY LOCATED AT DELTA FAIR AND CENTURY BOULEVARDS (APN 074-080-029)
WHEREAS, ABC Tree Farms, LLC., has provided seasonal sales of pumpkins and holiday trees in Antioch for decades;
WHEREAS, ABC Tree Farms, LLC., previously entered into a multi -year use agreement for the City-owned property located at Delta Fair and Century Boulevards in 2014;
WHEREAS, ABC Tree Farms, LLC . has requested to enter into a new l icense agreement for seasonal use of the City’s property at Delta Fair Blvd. and Century Blvd. (the “License Agreement”);
WHEREAS, the term of the License Agreement will be for four (4) months; and WHEREAS, ABC Tree Farms, LLC. will pay the City a license fee of Twenty Thousand Dollars ($20,000) for use of the property upon the execution of the License Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes the City Manager to execute a License Agreement for Seasonal Use of Re al Property with ABC Tree Farms, LLC . for property located at Delta Fair and Century Boulevards (APN 074-080-029) 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 1 3th day of September 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
1 LICENSE AGREEMENT FOR SEASONAL USE OF REAL PROPERTY
This License Agreement for Seasonal Use of Real Property (“Agreement” or “License”) is approved and entered into as of this ___ day of ___________, 2022 (“Effective Date”), by and between the City of Antioch (the “LICENSOR”), and ABC Tree Farms, LLC (the “LICENSEE”).
RECITALS
WHEREAS, the LICENSOR is the owner of certain real property located at the northeast corner of Delta Fair and Century Boulevards in Antioch, California (APN 074-080-029) and generally depicted in Exhibit "A", attached hereto and incorporated herein by this reference (the “Property”); and
WHEREAS, the LICENSOR is willing to grant to the LICENSEE this License for use of the Property for sale of Christmas trees and/or pumpkins (the “Licensed Use”) in accordance with the terms and conditions of this License; and
WHEREAS, the parties desire by this License to provide for the terms and conditions for the use of the Property.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants contained herein, the sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. License. In consideration of the License Fee set forth in Section 2 below, the LICENSOR grants a License to the LICENSEE to use the Property for the limited purposes of the Licensed Use in accordance with this Agreement. A description of the Licensed Use, and related terms and conditions, is attached hereto as Exhibit “B”.
2. License Fee. The LICENSEE shall pay the LICENSOR a fee in the amount of Twenty Thousand Dollars ($20,000) (“License Fee”) for use of the Property for the Term, as defined below. The License Fee payment shall be due upon execution of this Agreement.
3. Term; Restoration of the Property.
A. The term of this License shall be for four (4) months commencing on September 1, 2022 and ending on December 31, 2022 (“Term”).
B. Upon the expiration or termination of this License, at any time or upon any grounds provided herein, the LICENSEE shall immediately vacate the Property and, shall restore the Property to its same condition as of the Effective Date of this Agreement, at the sole and exclusive cost of the LICENSEE. In case the LICENSEE shall fail to restore Property as aforesaid within ten (10) days after the effective date of expiration or termination, LICENSOR may proceed with such work at the expense of the LICENSEE.
ATTACHMENT B
2 4. Conditions For Use Property. The following shall apply during the Term:
A. Utilities. The LICENSEE shall provide and pay for all water and electricity at the Property, as well as for adequate restroom facilities for use by the LICENSEE’s customers, invitees and employees, and for internet services, as may be necessary for the Licensed Use.
B. Trash Removal. The LICENSEE shall arrange and pay for trash removal from the Property. Each morning, the LICENSEE shall inspect the Property and remove all garbage and litter.
C. Lighting. The LICENSEE shall keep the Property well lighted during all evening/night hours. No activity shall be permitted on the Property prior to 8:00 a.m. or after 10:00 p.m.
D. Signage. The LICENSEE shall not construct nor install any exterior sign, banner or advertising balloon without the prior written consent of LICENSOR.
E. Security; Supervision and Safety. The LICENSEE may employ security guard services to monitor and patrol the Property on a regular basis. The LICENSEE shall be responsible for the safety and security of the Licensed Use and all employees, customers and invitees. The LICENSEE shall be responsible for supervising/staffing its Licensed Use. The LICENSEE shall designate one or more representatives at the Property, who shall be persons of authority in the LICENSEE’s operational structure, and shall ensure that at least one such representative is present and available at the Property during all hours of Licensed Use operations. The LICENSEE shall provide the LICENSOR with contact information for each such representative.
F. Maintenance of Property; Cleaning Deposit.
i. The LICENSEE agrees that it will, at its sole cost and expense: (a) maintain the Property in a clean and litter-free condition, (b) maintain the surfacing on the Property, fencing and signage; and (c) promptly (within 48 hours of discovery or reporting) remove any graffiti from the Property; (d) provide a cleaning deposit in the amount of $2,000. ii. The LICENSEE shall be responsible for, and shall pay for, any repairs or replacements of any nature whatsoever which are occasioned or are made necessary by the negligence or misuse of the Property by the LICENSEE or its employees, customers or invitees. The LICENSEE shall notify the LICENSOR immediately of any damage caused to the Property. In the event that the LICENSEE fails to maintain or repair the Property, the LICENSOR may, at the LICENSOR’s sole discretion, undertake any maintenance or repair of the Property, and the LICENSEE shall reimburse the LICENSOR for the costs of such repairs or maintenance within thirty (30) days of invoice by the LICENSOR.
G. Temporary Improvements of Property. The LICENSEE shall not make any upgrades or improvements to the Property without the prior written approval of the LICENSOR.
i. The LICENSOR makes no warranty as to the use to which the LICENSEE will put the Property or to modifications which may be required by the Americans 3 with Disabilities Act or any similar laws as a result of the LICENSEE's use of the Property. The LICENSEE is responsible for complying with the zoning and other applicable requirements that are appropriate for the LICENSEE's intended use.
ii. In the event the Licensed Use requires temporary modifications, and/or installation of temporary improvements in or to the Property, such modifications or improvements shall be made at the LICENSEE's sole expense in accordance with the terms contained in this License.
iii. Upon expiration or termination of this License, all temporary modifications or improvements shall be removed from the Property, unless the LICENSEE is directed otherwise by the Director of Public Works. The LICENSEE, at the LICENSEE's cost and expense, must promptly repair all damage to the Property occasioned by the removal of any temporary modifications or improvements.
H. Prohibition Against the Use of Hazardous Substances. Under no circumstances during the Term shall the LICENSEE use or cause to be used on the Property any hazardous or toxic substances or materials, and under no circumstance during the Term of this License shall the LICENSEE store or dispose of any such substances or materials in the Property.
I. Non-Interference with City Activities; Shared Use. This License shall not grant the LICENSEE the right to interfere with any activities of the LICENSOR. The LICENSEE acknowledges that billboard maintenance may occur during the Term and that the contractor will be advised to take reasonable steps to minimize its impact to any Christmas tree and/or pumpkin sales operations if maintenance is not completed prior to LICENSEE occupying the Property. If maintenance is not completed prior to the LICENSEE occupying the Property, the LICENSEE must allow contractor full access to the Property.
J. Conduct of LICENSEE, Employees, Customers and Invitees. The LICENSEE shall insure that all of its employees, customers and invitees adhere to proper standards of public conduct. There is to be no consumption of intoxicating liquors or other controlled substances, smoking, gambling, quarreling, fighting, or indecent exposure on or near the Property.
K. LICENSEE's Property. All trade fixtures, equipment and personal property of the LICENSEE, if any, located on the Property will remain the property of the LICENSEE during the Term and may be removed by the LICENSEE at any time. Upon expiration or termination of the Agreement, these trade fixtures, equipment and personal property shall be removed from the Property, unless the LICENSEE is directed otherwise by the Director of Public Works. The LICENSEE, at the LICENSEE's cost and expense, must promptly repair all damage to the Property occasioned by the removal of its trade fixtures, equipment and personal property.
5. Insurance. The LICENSEE shall maintain during the Term of this Agreement insurance against claims or injuries to persons or damages to property arising from or in connection with the LICENSEE's operation and use of the Property. The cost of such insurance shall be borne by the LICENSEE. The LICENSEE shall maintain insurance as follows:
4 A. General Liability Insurance Services Office Form CG 00 01 covering commercial general liability on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the occurrence limit.
The General Liability policy is to contain, or be endorsed to contain, the following provisions:
i. The City of Antioch, its officers, officials, agents, employees and volunteers are to be covered as additional insureds by endorsement with respect to liability arising out of work or operations performed by or on behalf of the LICENSEE including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Lessee's insurance at least as broad as ISO Form CG 20 10 (e.g. Form CG 20 11 01 96). The coverage shall contain no special limitations on the scope of protection afforded to the City of Antioch, its officers, officials, agents, employees or volunteers.
ii. The LICENSEE's insurance coverage shall be primary insurance with regard to the City of Antioch, its officers, officials, agents, employees and volunteers. Any insurance maintained by the City of Antioch, its officers, officials, agents, employees and volunteers shall be excess of the LICENSEE's insurance and shall not contribute to it.
B. Property Insurance. The LICENSEE will also maintain property insurance against all risks of loss to any LICENSEE improvement or betterment at full replacement costs with no coinsurance penalty provision.
C. Worker's Compensation Insurance & Employer's Liability. LICENSEE shall also maintain Workers' Compensation Insurance as required by the State of California with Statutory limits and Employer's Liability Insurance with limits no less than $1,000,000 per accident for bodily injury or disease.
D. General Requirements.
i. Any deductibles or self-insured retentions must be declared to and approved by the LICENSOR. At the option of the LICENSOR, the LICENSEE shall obtain coverage to reduce or eliminate such deductibles or self-insured retentions as respects to the LICENSOR or its officers, officials employees and volunteers, or the LICENSEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses as approved by the City Attorney.
ii. Insurance is to be placed with insurers with a Best's rating of no less than A:VII.
iii. The LICENSEE shall furnish to the LICENSOR certificates of insurance and endorsements as required by this clause. All certificates and endorsements are to be received and approved by the City before occupancy. However, failure to obtain the required documents prior to occupancy shall not waive the LICENSEE's obligation to provide them. The 5 LICENSOR reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications at any time. iv. If the LICENSEE maintains higher limits than the minimums above, the City requires and shall be entitled to coverage for the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
v. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice by mail has been given to the LICENSOR.
vi. The LICENSEE hereby grants to LICENSOR a waiver of any right to subrogation which any insurer of the LICENSEE may acquire against the City by virtue of the payment of any los under such insurance. The LICENSEE agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. vii. LICENSOR reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstance.
6. Indemnification. The LICENSEE agrees to protect, save, defend, indemnify and hold harmless, with legal counsel of the LICENSOR’s choosing, the LICENSOR, its officials, officers and employees and each of them, from any and all claims, demands, liens, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any act, omission, negligence or misconduct of the LICENSEE, its officials, officers, employees, agents and volunteers, or of any third parties, regardless of whether or not the LICENSEE or any of its agents (whether authorized or unauthorized) has allowed such third parties to use or be on the Property, arising out of or in connection with the Licensed Use, the LICENSEE’s use of the Property pursuant to this Agreement, and including without limitation the payment of reasonable attorneys’ fees and other related costs and expenses. The LICENSEE shall reimburse the LICENSOR, its officials, officers, employees, agents and volunteers for any and all legal expenses and costs incurred by each of them in connection with any Claims subject to indemnification by the LICENSEE, or in enforcing the indemnity herein provided. The LICENSEE’s indemnification obligations shall not be restricted by the amount of insurance proceeds, if any, received by any indemnitee. The LICENSEE’s indemnification obligations shall survive any termination of this Agreement or revocation of the License. The sole limitation on the LICENSEE’s indemnity obligation above is for Claims, attorneys’ fees and costs arising due to the sole negligence or willful misconduct of the LICENSOR, its officials, officers, employees, agents or volunteers.
The LICENSEE further agrees to indemnify, defend and hold harmless the LICENSOR, its officials, officers and employees and each of them, from any claim or cause of action arising out of or related to the legality or legal interpretation of this Agreement, including without limitation, the LICENSOR’s authority to enter into this Agreement and/or authority to grant the LICENSEE this License.
6 The provisions of this Section shall survive the termination or expiration of this License.
7. LICENSOR ACCESS. The LICENSOR shall be permitted to enter the Property at reasonable times for purposes of routine inspections, or to make any necessary repairs to the Property. The LICENSOR shall provide the LICENSEE with reasonable notice when the LICENSOR intends to enter the Property during the hours of operation of the Licensed Use. The LICENSOR may enter the Property for any reason and at any time during non-operational hours.
8. Compliance With Law. The LICENSEE shall comply with all laws, ordinances, rules, and regulations applicable to the Property, enacted or promulgated by any public or governmental authority or agency, including without limitation the LICENSOR, having jurisdiction over the Property. The LICENSEE shall comply with all laws, ordinances, rules, and regulations applicable to the Licensed Use, enacted or promulgated by any public or governmental authority or agency. LICENSEE shall be responsible for obtaining and maintaining throughout the Term of the License all permits, licenses, approvals from any local, state or federal agency for the use of the Property and the Property and operation of the Licensed Use. All compliance shall be at the sole cost of the LICENSEE.
9. Termination/Revocation Of License. During the Term of this License, the License shall be revocable by the LICENSOR at any time upon seven (7) calendar days’ written notice to the LICENSEE, in the event that the LICENSOR decides, in its sole discretion, that the LICENSEE's use of the Property is in violation of any provision of this License.
10. Legal Interpretation Of Instrument. The parties expressly understand and agree that this License constitutes a non-exclusive license for use of the Property. This License is not intended by the parties, nor shall it be legally construed, to convey a leasehold, easement, or other interest in real property. Should either party be compelled to institute arbitration, legal, or other proceedings against the other for, or on account of, the other party’s failure or refusal to perform or fulfill any of the covenants or conditions of this License on its part to be performed or fulfilled, the parties agree that the rules and principles applicable to licenses shall govern such actions or proceedings. This License shall be governed by the laws of the State of California.
11. “As Is” Condition. The LICENSEE accepts this License subject to the “As Is,” “Where Is” condition of the Property, and subject to any condition that may exist, without any representation or warranty by the LICENSOR. The LICENSEE acknowledges and agrees that the LICENSOR makes no representations or warranties, express or implied, as to the Property.
The LICENSEE has conducted all inspections of the Property to its full and complete satisfaction, and acknowledges that it will be using the Property with full knowledge of any and all conditions of the Property. The LICENSEE hereby assumes the risk that certain conditions may exist on the Property, and hereby releases the LICENSOR of and from any and all claims, actions, demands, rights, damages, costs or expenses that might arise out of or in connection with any such condition of the Property.
12. Entire Agreement/Modification. This Agreement contains the entire agreement of the Parties with respect to the License, and supersedes all prior negotiations, understandings or agreements as to a license to use the Property. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both parties. 7 13. Notices. All request, information or other document to be given hereunder to any of the parties by any other party shall be in writing and shall be deemed given and served upon delivery, if delivered personally, or three (3) days after mailing by United States mail as follows:
TO LICENSOR:
City of Antioch
PO Box 5007
Antioch, California 94531
Attention: Economic Development Director
With a copy to:
City Attorney
City of Antioch
PO Box 5007
Antioch, CA 94531
TO LICENSEE:
ABC Tree Farms, LLC
Attn: Jerome Klima, Jr.
PMB 367 at NW 23rd Pl., Ste. 6
Portland, OR 97210
Any party may change the address or persons to which notices are to be sent to it by giving the other party written notice of such change of address or persons, in the manner provided for giving notice.
14. Official Representatives. The official representative for the LICENSOR shall be its Economic Development Director or his/her designee. The official representative for the LICENSEE shall be its ____________ __ or his/her designee.
15. Employees/Independent Contractors. For purposes of this License, all persons employed by the LICENSEE in the performance of services and functions with respect to this License shall be deemed employees of the LICENSEE, and no employee of the LICENSEE shall be considered an employee of the LICENSOR or under the jurisdiction of the LICENSOR, nor shall such employee of the LICENSEE have any LICENSOR pension, civil service, or other status while an employee of the LICENSEE.
The LICENSEE shall have no authority to contract on behalf of the LICENSOR. It is expressly understood and agreed by both parties hereto that the LICENSEE, while engaged in carrying out and complying with any terms of this License, is not acting as an agent, officer, or employee of the LICENSOR.
16. No Personal Liability. No member, official or employee of LICENSOR shall be personally liable in the event of any default or breach of this Agreement.
17. No Relocation Benefits. The LICENSEE agrees that its use of Property or this Agreement shall not entitle the LICENSEE to any relocation benefits pursuant to federal, state or local law and waives any such claim against LICENSOR.
Holly Prinz
8 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any otherwise governing principles of conflicts of law. Any litigation concerning this Agreement shall be subject to jurisdiction in Contra Costa County or the Northern District of California for federal court.
19. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall constitute an original and all of which shall constitute one Agreement.
20. Severability. The invalidity of any portion of this Agreement shall not affect the validity of the remaining portions, which remaining portions shall remain in full force and effect.
21. Possessory Interest Tax Notice. The LICENSEE hereby recognizes and understands that this Agreement and License may create a possessory interest subject to property taxation, and that the LICENSOR, in accordance with California Revenue and Taxation Code Section 107.6, has given notice to the LICENSEE that the Licensee may be subject to property taxation, and that the LICENSEE may be subject to the payment of property taxes levied on the possessory interest created by this Agreement and License. The LICENSEE shall be fully responsible for the payment of all possessory interest taxes levied and/or assessed during the Term of this Agreement regarding the License.
22. Captions. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement.
23. Exhibits and Recitals . All Exhibits and Recitals contained herein are material parts of this Agreement and are incorporated into this Agreement as if fully set forth herein by reference.
24. No Waiver . No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
25. No Assignment or Transfer . The LICENSEE shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the LICENSOR. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
26. Successors. If the LICENSOR shall sell, transfer ownership, or otherwise vacate all ownership rights to said Property, the LICENSOR shall not be released from all liability and obligations hereunder without the LICENSEE’S release unless its successor agrees to be bound as if said successor were an original party hereto.
27. Nondiscrimination. In utilizing the License, the LICENSEE shall not discriminate against any person on account of race, color, religion, sex, marital status, national origin, or ancestry.
28. Survival of Obligations. All obligations of the LICENSEE hereunder not fully performed as of the termination or expiration of this Agreement in any manner shall survive the 9 termination or expiration of this Agreement, including without limitation, all payment obligations with respect to fees and all obligations concerning the condition of the Property. [Signatures on following page]
10 SIGNATURE PAGE TO LICENSE AGREEMENT
FOR SEASONAL USE OF REAL PROPERTY
IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and year first written above.
Date:__________________________
LICENSEE
ABC TREE FARMS, LLC
By: ______________________
Name:_____________________
Its:
Date:__________________________
LICENSOR
CITY OF ANTIOCH
By:
Cornelius Johnson, City Manager
ATTEST:
By:_____________________________
Elizabeth Householder, City Clerk
APPROVED AS TO FORM:
By: ____________________________
Thomas Lloyd Smith, City Attorney
Jerome R Klima Jr.
Sole Member
8/29/2022
EXHIBIT “A”
EXHIBIT “A”
DEPICTION OF THE PROPERTY
[ATTACHED BEHIND THIS PAGE]
EXHIBIT “B”
EXHIBIT “B”
DESCRIPTION OF THE LICENSED USE
The Property is to be used by LICENSEE for the purpose of Christmas tree and/or pumpkin sales. There shall be no barnyard animals allowed on the Property as an attraction/petting zoo, nor shall there be mechanical rides.
LICENSEE may make minor modifications to the Property in order to accommodate access to the Property by LICENSEE’S customers and invitees if approved in advance in writing by the City's Public Works Director.
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Shaun Connelly, Water Distribution Superintendent APPROVED BY: John Samuelson, Public Works Director/City Engineer JS SUBJECT: Approval of Purchase of Hydro Excavation Truck Utilizing a Sourcewell Cooperative Purchasing Agreement 101221-VAC with Municipal Maintenance Equipment
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving the purchase of one (1) new Vac-Con VX312LHEM/1100 for an amount not to exceed $568,175.45;
2. Approving an amendment to the fiscal year 2022/23 Water Enterprise Operating budget to make the purchase of one (1) Hydro Excavation Vac-Con VX312LHEM/1100 truck; and
3. Authorizing the City Manager to execute the Sourcewell Cooperative Purchasing Agreement 101221-VAC with Municipal Maintenance Equipment of Sacramento CA
FISCAL IMPACT
Funding for the replacement of vehicle #306 Vac-Con is included in the adopted fiscal year 2022/23 Water Enterprise Operating budget in the amount of $198,674.00 and the Vehicle Replacement Internal Services Fund in the amount of $157,020.00. However, due to significant inflationary factors over the past two years, an additional $212,481.45 is needed to complete the replacement purchase. An amendment to the fiscal year 2022/23 Water Enterprise Operating budget will be needed to offset the Vehicle Replacement Fund deficit. The total purchase price will be $568, 175.45. The replaced vehicle, #306 Vac-Con, will be sold at auction and revenue from the sale will be returned to the Vehicle Replacement Fund.
DISCUSSION
The City's inventory of vehicles and equipment is examined annually in conjunction with the budget process to determine which existing units meet replacement criteria and which divisions have new operational needs. Criteria includes, but is not limited to, vehicles which have reached or exceeded 100,000 miles, vehicles which require frequent and T Agenda item #
ATTACHMENT "A"
RESOLUTION NO. 2022f""
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE SOURCEWELL QUOTE FROM MUNICIPAL MAINTENANCE EQUIPMENT FOR A VAC-CON VX312LHEM/1100, AUTHORIZING A FY2022/23
BUDGET AMENDMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE WITH MUNICIPAL MAINTENANCE EQUIPMENT FOR AN AMOUNT NOT TO EXCEED $568,175.45
WHEREAS, Vac-Con Truck #306 is ten (10) years old and breaks down frequently when used;
WHEREAS, the Water Distribution Division utilizes the hydro excavator to excavate safely around underground utilities, improve emergency responses for water breaks and conduct routine maintenance of the City's Water Distribution System; WHEREAS, the Water Distribution Division received a quote from Municipal Maintenance Equipment, a Sourcewell cooperative purchasing vendor with fair pricing for government agencies;
WHEREAS, by utilizing Sourcewell Cooperative Purchasing Contract 101221- VAC, the City will be guaranteed a significant cost savings while maintaining the principles of fair and open competition in public procurement; and WHEREAS, funding for the replacement of vehicle #306 Vac-Con is included in the adopted fiscal year 2022/23 Water Enterprise Operating budget in the amount of $198,674.00 and the Vehicle Replacement Internal Services Fund in the amount of $157,020.00; an additional $212,481.45 is needed to complete the replacement purchase due to inflationary increases.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby,
1. Approves the purchase of one (1) Vac-Con VX312LHEM/1100 truck utilizing the Sourcewell Contract with Municipal Maintenance Equipment in the amount not to exceed $568, 175.45;
2. Authorizes the Finance Director or designee to make an amendment to the fiscal year 2022/23 Water Enterprise Operating budget to offset the Vehicle Replacement Fund deficit for the purchase of one (1) Hydro Excavation Vac-Con VX312LHEM/1100 truck; and
3. Authorizes the City Manager or designee to execute the Sourcewell Cooperative Purchasing Agreement 101221-VAC with Municipal Maintenance Equipment of Sacramento CA.
* * * * * * * * * *
WHEREAS, the Subdivider has paid _all the necessary fees, made all deposits required to date, and submitted a Subdivision Improvement Agreement and the required bonds;
NOW, THEREFORE, BE IT RESOLVED that the final map for Laurel Ranch Subdivision 8741, and improvement plans relating thereto, are hereby approved.
BE IT FURTHER RESOLVED that all street and other easements offered for dedication on said final map are hereby accepted.
BE IT FURTHER RESOLVED that the City Manager of the City of Antioch is hereby authorized to sign the Subdivision Improvement Agreement. * * * * * * *
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 13th day of September 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: John Samuelson, Public Works Director/ City Engineer JS SUBJECT: Awarding an Agreement with Frontier Energy for a Zero Emission Vehicle Feasibility Assessment and Project Management Services
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Awarding an agreement with Frontier Energy for Zero Emission Vehicle Assessment and Project Management Services for an amount not to exceed $135,054;
2. Authorizing the Finance Director to make the necessary budget adjustments to the current fiscal year 2022/23 internal services Vehicle Maintenance Fund budget; and
3. Authorizing the City Manager to enter into an agreement with Frontier Energy in a form approved by the City Attorney.
FISCAL IMPACT
This project is not included in the approved fiscal year 2022/23 internal services Vehicle Maintenance budget and requires a budget adjustment. The attached resolution includes action to increase the Vehicle Maintenance Fund operating budget by $135,054.
DISCUSSION
At the January 25, 2022 regular council meeting, Council directed staff to bring a policy back that would transition the City's vehicle fleet from internal combustion engines ("ICE") to Zero Emissions Vehicles ("ZEV'). Approval of this proposal from Frontier Energy is the first step in developing a ZEV Policy for the City of Antioch. Frontier Energy will assist the City of Antioch in transitioning to a ZEV fleet by providing the following tasks:
1. Analyze existing fleet and develop a transition plan;
2. Infrastructure assessment;
3. Phased Implementation plan and technical reports;
V
Agenda Item #
ATTACHMENT "A"
RESOLUTION NO. 2022r*
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AWARDING AN AGREEMENT WITH FRONTIER ENERGY FOR ZERO EMISSION
VEHICLE FEASIBILITY ASSESSMENT AND PROJECT MANAGEMENT SERVICES,
AUTHORIZING THE APPROPRIATE BUDGET ADJUSTMENT AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $135,054.00.
WHEREAS, Council has directed staff to bring a Zero Emission Vehicle ("ZEV") Fleet policy to council for approval;
WHEREAS, an assessment of the City's current vehicle fleet and electrical infrastructure is needed to implement a successful and cost-effective transition from an internal combustion engine fleet to a ZEV fleet;
WHEREAS, Public Works published a RFQ for Zero Emission Vehicle Feasibility Assessment and Project Management Services on June 28, 2022, which closed on July 21, 2022;
WHEREAS, the City received two (2) complete and qualified RFQ responses with Frontier Energy selected as the most qualified consultant; and WHEREAS, the City desires to contract with Frontier Energy for Zero Emission Vehicle Feasibility Assessment and Project Management Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Awards an agreement with Frontier Energy for Zero Emission Vehicle Assessment and Project Management Services for an amount not to exceed $135,054.00.
2. Authorizes the Finance Director to make the necessary budget adjustment to the current FY 2022/23 internal services Vehicle Maintenance Fund budget.
3. Authorizes the City Manager to enter into an agreement with Frontier Energy in a form approved by the City Attorney.
* * * * * * * *
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Deputy Public Works Director APPROVED BY: John Samuelson, Public Works Director/City Engineer� SUBJECT: Awarding an Agreement with Stommel, Inc. dba LEHR for Police Vehicle Upfitting Services
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Awarding a Maintenance Services Agreement with Stommel, Inc. dba LEHR to provide police vehicle upfitting services for three (3) years, with an option to extend two (2) additional years, for an estimated amount not to exceed $1,090,536.07; and
2. Authorizing the City Manager to execute the agreement in a form approved by the City Attorney.
FISCAL IMPACT
Funding for this expenditure is included in the adopted fiscal year 2022/23 budget in the Vehicle Replacement Fund and the General Fund. Funding for the remaining years of the contract will be presented to Council as part of the budget approval process.
DISCUSSION
On May 24, 2022, Council approved the replacement of nine (9) police vehicles that are at or beyond their useful life, and the purchase of two (2) new-to-fleet police vehicles. The upfitting of these eleven (11) police vehicles is the next step in preparing the vehicles for service. Upfitting a police vehicle includes the installation of emergency lights, partitions, and other auxiliary equipment needed to complete the patrol vehicle build which optimizes officer safety and productivity.
The term of the contract is for three (3) years ending on June 30, 2025, with an option to extend two (2) additional years for a total of five years. The City reserves the right to adjust the quantity of vehicles to be upfitted each fiscal year according to the needs of the Police Department and City of Antioch Fleet Policy. The current estimate of the number of police vehicles to be upfitted for years two (2) through five (5) are included in Attachment D.
w
Agenda Item #
ATTACHMENT "A"
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AWARDING AN AGREEMENT WITH STOMMEL, INC. DBA LEHR FOR POLICE
VEHICLE UPFITTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $1,090,536.07.
WHEREAS, on May 24, 2022, Council approved the replacement of nine (9) police vehicles that were at or beyond their useful life, and the purchase of two (2) new-to-fleet vehicles for anticipated new hires;
WHEREAS, upfitting these eleven (11) police vehicles is the next step in preparing the vehicles for service in order to optimize officer safety and productivity; WHEREAS, the Public Works Department published a Request for Proposal ("RFP") on June 15, 2022, for upfitting police vehicles, and request for submittals closed on July 13, 2022; and
WHEREAS, Stommel, Inc. dba LEHR participated in a competitive and open proposal process and submitted a complete and competitive proposal which gives best value to the City for the services of upfitting its police vehicles.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Awards a Maintenance Services Agreement with Stommel, Inc. dba LEHR to provide police vehicle upfitting services for three (3) years, with an option to extend two (2) additional years, for an estimated amount not to exceed $1,090,536.07; and
2. Authorizes the City Manager to execute the agreement in a form approved by the City Attorney.
* * * * * * * * * *
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 13, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Carlos Zepeda, Deputy Public Works Director APPROVED BY: John Samuelson, Public Works Director/City Engineer JS SUBJECT: Approval of Purchase of Eight (8) 2023 Ford Hybrid Police Vehicles Utilizing the Sourcewell Cooperative Purchasing Contract No. 091521-NAF with National Auto Fleet Group
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution:
1. Approving the purchase of Eight (8) 2023 Ford Hybrid Police vehicles from National Auto Fleet Group for an amount not to exceed $444,257.40; and
2. Authorizing the City Manager to execute the purchase of eight (8) Ford Hybrid Police vehicles utilizing Sourcewell Cooperative Purchasing Contract No. 091521-NAF with National Auto Fleet Group.
FISCAL IMPACT
Funding for eight (8) replacement hybrid police vehicles is included in the adopted fiscal year 2022/23 budget within the Vehicle Replacement Fund and the General Fund Police Equipment Budget. Replaced vehicles will be sold at auction and revenue from the sales will be returned to the Vehicle Replacement Fund.
DISCUSSION
The City's inventory of vehicles and equipment is examined annually in conjunction with the budget process to determine which existing units meet replacement criteria and which divisions have new operational needs. The Fleet Division explored the purchase of alternative fuel options such as all electric Patrol and K9 police vehicles but did not find any available options at this time that would meet the safety and performance standards for use as Patrol and K9 units. Due to the urgent need to replace certain vehicles which are at or exceed their expected useful life, City staff recommends purchasing eight (8) 2023 Ford Hybrid engine models for the Patrol and K9 units. City staff will pursue purchasing all electric police vehicles that can perform to the safety and performance standards needed to ensure officer safety as they become available.
X
Agenda Item #
ATTACHMENT "A"
RESOLUTION NO. 20221"'*
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE PURCHASE OF EIGHT (8) 2023 FORD HYBRID POLICE
VEHICLES AND AUTHORIZING THE CITY MANAGER TO PURCHASE THE
VEHICLES FROM NATIONAL AUTO FLEET GROUP UTILIZING SOURCEWELL COOPERATIVE PURCHASING CONTRACT NO. 091521-NAF FOR AN AMOUNT NOT TO EXCEED $444,257.40.
WHEREAS, the City's Fleet Division annually assesses its inventory of vehicles and equipment in conjunction with the operational needs of each division and based on standard replacement criteria;
WHEREAS, the City's Fleet Division maintains the City's fleet through timely replacement of vehicles and equipment that are at or beyond their useful life, which is critical in managing costs and liability associated with an aging fleet; WHEREAS, the City of Antioch received a quote from National Auto Fleet Group, a Sourcewell cooperative purchasing vendor with fair pricing for government agencies; and
WHEREAS, by utilizing Sourcewell Cooperative Purchasing Contract No. 091521-NAF, the City will be guaranteed a significant cost savings while maintaining the principles of fair and open competition in public procurement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1) Approves the purchase of Eight (8) 2023 Ford Hybrid Police vehicles from National Auto Fleet Group for an amount not to exceed $444,257.40; and 2) Authorizes the City Manager or designee to execute the Sourcewell Cooperative Purchasing Contract No. 091521-NAF with National Auto Fleet Group for the purchase of the eight (8) 2023 Ford Hybrid police vehicles. * * * * * * * * * *
Z
Agenda Item #
STAF
F REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of September 13, 2022
Honorable Mayor and Members of the City Council
SUBMI
TTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: A
B 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.
DISCUSSI
ON
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 Ci
ty 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 t
his 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
September 13, 2022 Agenda Item #Z 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.
ATT
ACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2022-XX
A RE
SOLUTION 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
WHE
REAS, the City of Antioch is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act; WHE
REAS, 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; WHE
REAS, 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; WHE
REAS, 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; WHE
REAS, 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;
WHE
REAS, 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;
WHE
REAS, in addition to the above, state officials 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;
WHE
REAS, 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 w
ith 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:
Sec
tion 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 C
ouncil of the City of Antioch at a regular meeting thereof, held on the 13 th day of September, 202 2 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT A
______ _______________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Antioch City Council Report
September 13, 2022 Agenda Item # 7
Page | 2
Image 1. Site Location
I
mage 2. Street View of Subject Property
Antioch City Council Report
September 13, 2022 Agenda Item # 7
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
A
ntioch 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.
O
n 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
O
n 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
T
he applicant proposes to establish a retail 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 this 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.
T
he 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.
I
n 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
September 13, 2022 Agenda Item # 7
Page | 4
c
oncentrates. The cannabis guidelines prohibit the sale of cannabis related paraphernalia unless explicitly authorized through the use permit. A project specific Condition of Approval is included and limits the cannabis paraphernalia sold on site unless approved in writing by the Zoning Administrator.
P
roject Specific Condition
39. P
araphernalia. 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
T
he 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.
T
he 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 s alesroom is approximately 1,500 square feet. The remainder of the building is comprised of storage area and office space.
T
he 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
A
s part of their application the applicant submitted a security plan for the site. The security plan addresses the following issues:
• E
lectronic 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.
T
he 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 P olice Department representative Antioch City Council Report
September 13, 2022 Agenda Item # 7
Page | 5
c
ommunicated 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.
S
taff 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.
Proj
ect Specific Condition
43. P
olice 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
S
taff 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 detected outside the structure in which the business operates.
S
taff 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 conditions 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
ATTACHMENT A
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.
WHEREAS, the City Council on September 13, 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.
A1
ATTACHMENT A
Page | 2
Finding: 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 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.
A2
ATTACHMENT A
Page | 3
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.
BE I
T 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 13th day of September 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABST
AIN:
________________________________
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
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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
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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)
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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)
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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
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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
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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
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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
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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
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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
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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.