Agenda — Antioch City Council, September 27, 2022 (part 1 of 2)

ANNOTATED AGENDA
Antioch City Council

REGULAR MEETING
Including the Antioch City Council acting as Successor Agency/ Housing Successor to the Antioch Development Agency

Date: Tuesday, September 27, 2022
Time: 6:00 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 i ts 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 yo u 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 27, 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 i tem 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.

6:00 P.M. ROLL CALL – CLOSED SESSION – for Council Members – All Present

PUBLIC COMMENTS for Closed Session

CLOSED SESSION:

1) PUBLIC EMPLOYEE APPOINTMENT: CITY MANAGER . This closed session is authorized pursuant to Government Code section 54957.

Council Motioned and directed the City Attorney to prepare a contract for the appointment of Cornelius Johnson as the permanent City Manager, 3/2 (Barbanica, Ogorchock)

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

6:04 P.M. ADJOURNED TO CLOSED SESSION

7:02 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency – All Present

MOMENT OF SILENCE IN MEMORY OF GIANATON VINCENT COMFORT

ANTIOCH CITY COUNCIL -2- SEPTEMBER 27, 2022

PLEDGE OF ALLEGIANCE

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

MAYOR THORPE REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE PUBLIC HEARING ITEMS #8 AND #5 TO BE HEARD AS THE NEXT ORDER OF BUSINESS; APPROVED 5/0

AFTER READING THE TITLE OF PUBLIC HEARING ITEM #8, MAYOR THORPE THEN REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE PUBLIC HEARING ITEM #7 TO BE HEARD AS THE NEXT ORDER OF BUSINESS INSTEAD OF ITEM #8; APPROVED 5/0

PUBLIC HEARING/ CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING

SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY

7. UP-22-09 USE PERMIT FOR 2615 SOMERSVILLE ROAD CANNABIS DISPENSARY –

THE APPLICANT IS SEEKING USE PERMIT APPROVAL TO OPERATE A NEW RETAIL CANNABIS DISPENSARY AT 2615 SOMERSVILLE ROAD. THE SUBJECT SITE IS A 25,000 SQUARE FOOT LOT WITH AN EXISTING 4,057 SQUARE FOOT COMMERCIAL BUILDING BUILT IN 1975. THE BUSINESS IS PROPOSED TO OPERATE FROM 9AM - 8PM, SEVEN (7) DAYS A WEEK.

Reso No. 2022/169 adopted, 3/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council a dopt the resolution approving UP-22-09, a Use Permit for a new cannabis dispensary at 2615 Somersville Road.

5. RENT STABILIZATION ORDINANCE – FIRST READING
To 10/11/2022 for Adoption, 3/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council introduce the Rent Stabilization Ordinance by title only and waive further reading.

9:43 P.M. FIVE MINUTE RECESS, MAYOR THORPE LEFT THE MEETING. 9:53 P.M. RECONVENED, ROLL CALL – Council Members District 1 Torres -Walker, District 3 Ogorchock, and District 4 Wilson (Mayor Thorpe – Absent).

Mayor Pro Tem (District 2) Barbanica continued to preside over the meeting.

COUNCIL MEMBER WILSON REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE COUNCIL REGULAR AGENDA ITEM #9 TO BE HEARD BEFORE PUBLIC HEARING ITEM #8; APPROVED 4/0

ANTIOCH CITY COUNCIL -3- SEPTEMBER 27, 2022

COUNCIL REGULAR AGENDA

9. TRAFFIC CALMING NEEDS IN THE CITY OF ANTIOCH
Direction provided to staff
Recommended Action: It is recommended that the City Council discuss and direct staff regarding traffic calming needs.

PUBLIC HEARING/ CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY – Continued

8. UP-22-06 USE PERMIT FOR DELTA VIEW NURSERY 2101 WEST 10TH STREET, SUITE C – THE APPLICANT IS SEEKING USE PERMIT APPROVAL FOR A NEW CANNABIS NURSERY AT 2101 WEST 10TH STREET, SUITE C. THE SUBJECT SITE IS 1.95 ACRES WITH AN EXISTING 25,380 SQUARE FOOT BUILDING BUILT IN 2005. THERE ARE

EXISTING DISPENSARY, CULTIVATION, AND MANUFACTURING USES WITHIN THE BUILDING.

10:30 P.M. MAYOR THORPE ATTENDED THE MEETING VIA ZOOM WEBINAR DURING PUBLIC COMMENTS FOR ITEM #8

Reso No. 2022/170 adopted, 5/0
Recommended Action: It is recommended that the City Council ado pt the resolution approving a Use Permit (UP-22-06) for a cannabis nursery at 2101 West 10th Street.

1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

• FALL FEST & BARBEQUE COOK-OFF – OCTOBER 1, 2022
Downtown Antioch’s Rivertown, W. 2nd Street, Antioch

• FREE KIDS FISHING DERBY – OCTOBER 8, 2022
Waldie Plaza & Public Fishing Pier (Across from City Hall), 2nd Street, Antioch

2. 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.

ANTIOCH CITY COUNCIL -4- SEPTEMBER 27, 2022

10:53 P.M. MAYOR THORPE, ATTENDING VIA ZOOM WEBINAR , LEFT THE MEETING DURING

PUBLIC COMMENTS

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

MAYOR’S COMMENTS

3. PRESENTATION – Build Antioch 2022 Design Studio
presented by Earl Hudson, Amethyst Ziemam, and Trish Callo Postponed to the October 11, 2022 Council Meeting

4. CONSENT CALENDAR for City /City Council Members acting as Successor Agency/ Housing Successor to the Antioch Development Agency

A. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 9, 2022 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

B. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 23, 2022 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR AUGUST 26, 2022 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.

D. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 13, 2022 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

E. APPROVAL OF COUNCIL WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.

ANTIOCH CITY COUNCIL -5- SEPTEMBER 27, 2022

CONSENT CALENDAR for City /City Council Members acting as Successor Agency/ Housing Successor to the Antioch Development Agency – Continued

F. UPDATED CONFLICT OF INTEREST CODE FOR THE CITY OF ANTIOCH AND CITY AS

SUCCESSOR AGENCY TO THE ANTIOCH DEVELOPMENT AGENCY

Recommended Action: It is recommended that:

Reso No. 2022/171 adopted, 4/0
1) The City Council adopt a resolution approving the updated Conflict of Interest Code for the City of Antioch and authorizing the City Manager to execute the Biennial Notice.

S.A. Reso No. 2022/38 adopted, 4/0
2) The City Council as Successor Agency to the Antioch
Development Agency adopt a resolution approving the updated Conflict of Interest Code for the City as Successor Agency to the Antioch Development Agency and authorizing the City Manager to execute the Biennial Notice.

G. SHORT TERM LEASE AGREEMENT WITH RIVERTOWN JAMBOREE FOR TEMPORARY

OFFICE SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
Reso No. 2022/172 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a short-term lease agreement between the City of Antioch and Rivertown Jamboree for designated space at the Nick Rodriguez Center; and

2) Authorizing the City Manager to execute the Agreement.

H. SHORT TERM LEASE AGREEMENT WITH TODOS UNIDOS FOR TEMPORARY OFFICE

SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
Reso No. 2022/173 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a short-term lease a greement between the City of Antioch and Todos Unidos for designated space at the Nick Rodriguez Center; and

2) Authorizing the City Manager to execute the Agreement.

ANTIOCH CITY COUNCIL -6- SEPTEMBER 27, 2022

CONSENT CALENDAR for City /City Council Members acting as Successor Agency/ Housing Successor to the Antioch Development Agency – Continued

I. SHORT TERM LEASE AGREEMENT WITH PRISON FROM THE INSIDE OUT FOR

TEMPORARY OFFICE SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER Reso No. 2022/174 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a short-term lease agreement between the City of Antioch and Prison From the Inside Out for designated space at the Nick Rodriguez Center; and

2) Authorizing the City Manager to execute the Agreement.

J. SHORT TERM LEASE AGREEMENT WITH MISSION POSSIBLE FOR TEMPORARY

OFFICE SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
Reso No. 2022/175 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a short-term lease agreement between the City of Antioch and Mission Possible for designated space at the Nick Rodriguez Center; and

2) Authorizing the City Manager to execute the Agreement.

K. AUTHORIZATION FOR THE CITY MANAGER TO PURCHASE ADVERTISING WIT H

NORTHWEST MEDIA PARTNERS FOR THE FACES OF OPPORTUNITY CAMPAIGN FOR AN AMOUNT NOT TO EXCEED $60,000 FOR FISCAL YEAR 2022/23 Reso No. 2022/176 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager to purchase advertising with Northwest Media Partners for the Faces of Opportunity campaign for an amount not to exceed $60,000 for Fiscal Year 2022/23.

L. ACCEPTANCE OF WORK AND NOTICE OF COMPLETION FOR THE TRENCHLESS

REHABILITATION OF SANITARY SEWER MAIN USING CURED IN PLACE PIPE AT VARIOUS LOCATIONS (P.W. 684-2)
Reso No. 2022/177 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Authorizing the City Manager to execute the first amendment to the construction agreement with Southwest Pipeline and Trenchless Corporation for this P roject in the amount of $73,196.59 for a total contract amount of $1,215,436.59; and

2) Accepting work and authorizing the City Manager or designee to file a Notice of Completion for the Project.

ANTIOCH CITY COUNCIL -7- SEPTEMBER 27, 2022

CONSENT CALENDAR for City /City Council Members acting as Successor Agency/ Housing Successor to the Antioch Development Agency – Continued

M. CONSIDERATION OF BIDS FOR THE CURB, GUTTER, AND SIDEWALK REPAIR

INCLUDING TREE REMOVAL AND STUMP GRINDING AND INSTALLATION OF CONCRETE CURB RAMPS AT MISCELLANEOUS LOCATIONS 2022/23 (P.W. 507-19) Reso No. 2022/178 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Awarding the construction agreement for the Curb, Gutter, and Sidewalk Repair Including Tree Removal and Stump Grinding and Installation of Concrete Curb Ramps at Miscellaneous Locations 2022/23 to the lowest, responsive, and responsible bidder, MG and JC Concrete;

2) Approving an Agreement with MG and JC Concrete in the amount of $340,900; and

3) Authorizing the City Manager to execute the Agreement with MG and JC Concrete for a total amount of $340,900.

PUBLIC HEARING/ CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY – Continued

6. PUBLIC HEARING TO REVIEW ACCOMPLISHMENTS FOR FISCAL YEAR 2021 -22

CDBG AND HOUSING SUCCESSOR FUNDS REPORTED IN THE CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER); AND REVIEW OF PRIORITY NEEDS AND STRATEGIES FOR THE 2023-24 CDBG ACTION PLAN Received
Recommended Action: 1) It is recommended that the City Council receive and consider public comment on the Fiscal Year 2021-22 CAPER year-end report, detailing achievements of programs funded with CDBG and Housing Successor funds for housing, homeless, and
community services to i mprove the quality of life of lower income Antioch residents and neighborhoods.

2) It is recommended that the City Council receive and consider public comment on the Priority Needs and Strategies for the 2023-24 Action Plan.

ANTIOCH CITY COUNCIL -8- SEPTEMBER 27, 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 motion to adjourn the meeting. A second of the motion is required, and then a majority vote is required to adjourn the meeting.

Motioned to adjourn Regular Meeting at 12:01 a.m., 4/0

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
#2

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.

BUILD ANTIOCH 2022

DESIGN STUDIO
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
#3
Welcome
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

Interior Design
Amiah Jacobs
Alexis Brooks
Jaelloni Goodwin
Jalliyah Williams
Marcellus Duncan
Cassity O’Kon
Saafir Farrell
BuildAntioch 2022 Design Studio Team
Project Program & Space Planning
Earl Hudson
Brandon Frise
Chitu Onyeader
Tyler Thomas
Research
Shamy Etherart
Daniel Frise
Ivan Clark
O’Lana Hickman
Sustainability
Stephanie Smith
Building Exterior & Landscape Design
Amethyst Zieman
Amari Farrell
Ma’zon Gant
A’Nizah Williams
Vincent Perry
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
A New City Department
Youth Services Network
Unhoused Residents Service
Housing Division and Community Grants
Violence Prevention and Intervention
Environmental Sustainability and Resilience
July 27, 2022
Mayor Thorpe signing a city ordinance for the new city
Department, which will be located at 301 W. 10th Street.

Dept. of Public Safety & Resources
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Public Safety and
Community Resources
Ad-Hoc Committee
“Public safety is a lot more than policing. It’s about quality of life, environmental justice, youth services, housing. Public safety is about economic dignity, access to jobs, clean water, clean air. And I think being able to have this department be called the Department of Public Safety and Community Resources will also help reorient our community to understand that public safety doesn’t just mean policing.” - District 1 Councilmember Tamisha Torres-Walker
“I understand the challenges facing our city. It is of vital importance to build a department that utilizes all resources, supports and collaborates to address environmental, economic and social factors that negatively impact our community.

This department will diligently work to serve and partner for sustained change.” - District 4 Councilmember Monica Wilson
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Rivertown Resource Center…
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Creating a
Community-centered
&
Community-centric
Building
Creating an Exciting &
Bold Building That
Energizes & Uplifts the
Community
Better Design &
Construction Practice for a
Healthier, More
Sustainable Building &
Environment
Creating a Home for
Antioch’s Essential
Services
Our Big Ideas for This Project
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Design Process
better, smarter,
more efficient,
healthier

RESEARCH
&

SUSTAINABILITY
organize and optimize
the function of the
building

PROJECT PROGRAM
&

SPACE PLANNING
create a beautiful
and sustainable
landscape

LANDSCAPE
DESIGN
spaces that promote
wellbeing, positivity,
and healthy work and
community spaces

INTERIOR
DESIGN
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

RESEARCH
&

SUSTAINABILITY
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

SUSTAINABILITY
The ability to be maintained at a certain rate or level. “The sustainability of economic growth”
● Avoidance of the depletion of natural resources in
order to maintain an ecological balance.
“The pursuit of global environmental sustainability”
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

RESILIENCE

1. The capacity to recover quickly from
difficulties; toughness

2. The ability of a substance or an object to
spring back into shape; elasticity
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Design Strategies:

Better, Cleaner, and
More Efficient Energy Use
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Passive Design
“Passive systems are structures
whose design, placement, or
materials optimize the use of heat
or light directly from the Sun.”
- Environmental and Energy
Study Institute (EESI)
Increase Windows for
more Natural Light &
Better Ventilation,
Daylighting, and
Natural Ventilation
Louvers, Grilles,
and Shades
Continuous Insulation
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Green Roofs
and Walls
15 Benefits
● Beautiful aesthetic
● Improved air quality
● Reduced energy costs
● Noise reduction
● Increased biodiversity
● Healthier people
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Active Design
16 “Active systems have devices
to convert the sun’s energy into
a more usable form, such as
hot water or electricity.”
- Environmental and Energy
Study Institute (EESI)
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Ways we can support these
concepts
LEED Certification
17 Leadership in Energy &
Environmental Design
Required by California since 2004
Administered by the U.S. Green
Building Council
Partnering with Compost &
Recycling Programs
Receive a waste management plan
through the city
Work with SCOCO
Youth network: Sustainable
Leaders in Action
Staff training &
representation/ signage
Encourage engagement, growth, &
development within the workplace
Create an inspiring structure that
will bring (+) changes
Teach staff how to properly
dispose different types of waste

PROJECT PROGRAM AND SPACE PLANNING
Create a Contemporary Look
Bringing More Natural Light into the Building
Open & Welcoming When People Enter the Building
Flexibility for After-hours Use
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
What Do We Mean By Space
Planning?
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Space Planning Diagrams
Ground Floor
2nd Floor
● Central Courtyard
● Natural Light
● Multi-use open spaces
● Outdoor 2nd Floor terraces for Staff Use
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Option C
Floor Plan
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
3D Rendering of Proposed Newly Renovated
Building
Exterior of New Dept of Public safety & Resource
Main Entrance D St & W 10th St
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Create a spaces where people can have fun as a community Create a beautiful, low-maintenance, and sustainable garden where local flora & fauna can thrive
Space for community events & get-togethers
Space to get outside & be active

INTERIOR DESIGN
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

LANDSCAPE DESIGN
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

LANDSCAPE DESIGN
Scheme B
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

LANDSCAPE DESIGN
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

LANDSCAPING DESIGN
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Brighter, warmer colors &
public art to showcase local
artists and Antioch history
Larger
windows to
allow for
more natural
light
Improved signage & wayfinding to
uplift the building identity and be
easier for community to access

BUILDING EXTERIOR
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Our design will stand with pride & comfort for the
Antioch community. It will bring more joy than
tears. Our design is important for a lot of reasons
and being a resource for the community will be
one of many.

Conference rooms
Safe spaces for all age
groups
Greenery and live plants
Bright & Vibrant

INTERIOR DESIGN
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

INTERIOR DESIGN
Our Audience
Comfortable and
flexible workspaces
to encourage
productivity.

Employees can
expect their
workstations to be
as exciting as the
building they live in.

From hosting
events and
conference room
bookings to posting
available jobs in the
area. Every
community
department has a
home here.

Spaces where youth can
meet & find the support &
the tools to aim for bigger
and brighter futures.

Community
Resources
Staff
Youth
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Administration
& Staff
● Multiple areas for working and
relaxing.
● Conference and meeting rooms of
various sizes.
● A few privacy pods for phone
calls, one-on-one’s, etc.
● Workspaces are more open and
inviting.
● Maintaining the natural greenery
part of the aesthetic.
31 After:

Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
This new building will provide access
to these resources.
32 Spaces/Materials available:
● Meeting Rooms
● Large Conference Hall
● Youth Center/Kid’s
Corner
● Kiosks and Directories
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Youth Center
● Variety in workspace styles,
bar stools, bean bag-like
chairs, raised floors
● Computer lab in the same
space? (either against a wall
or more 360 view)
● Bright striking colors
● Mix of hard and soft shapes
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Youth Center
Floor Plan
Computer Lab
&
Resource Library
Seating
Area
Stadium
Seating
Work Space
& Seating
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Youth Center
Interior/View Into Youth Center from Lobby
Exterior/View of Youth Center from 10th Street
Interior/View of Youth Center
Computer Lab & Resource
LibararyYouth Center
Example of Stadium Seating for Youth Center
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

THANK YOU
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022
Acknowledgements
Build Antioch 2022 Design Studio
Antioch City Council Meeting
September 27, 2022

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

Regular Meeting August 9, 2022
7:00 P.M. Council Chambers

6:30 P.M. - CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Ana Cortez, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Public Works Association and Antioch Police Sworn Management Association.

ADJOURN TO CLOSED SESSION

Mayor Thorpe adjourned to Closed Session at 6:32 P.M.

7:00 P.M. REGULAR MEETING

Mayor Thorpe called the meeting to order at 7:00 P.M., and City Clerk Householder called the roll.

Present: Council/Agency Members, District 3 Ogorchock, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe

Absent: Council/Agency Members District 1 Torres-Walker and District 4 Wilson

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 gave the following report: #1 CONFERENCE WITH LABOR NEGOTIATORS, no reportable action.

1. INTRODUCTION OF NEW CITY EMPLOYEES

Assistant City Manager Bayon Moore introduced Tasha Johnson, Public Safety and Community Resources Director and Ana Cortez, Human Resources Director who thanked Assistant City Manager Bayon Moore for the introduction and stated they looked forward to serving the City.

Public Safety and Community Resources Director Johnson introduced Jazmin Ridley, Unhoused Resident Coordinator who thanked Public Safety and Community Resources Director Johnson for the introduction and stated she looked forward to serving the City.

A
09-27-22

ANTIOCH CITY COUNCIL

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Regular Meeting
August 9, 2022 Page 2 of 7

Interim Police Chief Ford introduced Costantine Kawalya, Joshua Riosbaas and Jacob King, Police Officers, Alexis Mata, Animal Services Technician and Kelly Beverly, Doctor of Veterinary Medicine, who thanked Interim Police Chief Ford for the introduction and stated they looked forward to serving the City.

Human Resources Director Cortez introduced Nassier Kaddoura, Administrative Assistant I and Nikki Ausk, Human Resources Analyst who thanked Human Resources Director Cortez for the introduction and stated they looked forward to serving the City.

Director of Public Works/City Engineer Samuelson introduced Dylan Arm as, Ronald Heiny, Michael Rhodes, Daniel Rivera, Richardo Romero Garcia , General Laborers, Corey Johnson, Instrument Technician and Diana Rodriguez, Administrative Assistant I who thanked Director of Public Works/City Engineer Samuelson for the introductio n and stated they looked forward to serving the City.

Mayor Thorpe thanked the Department Heads for hiring quality employees. He also thanked the new and newly promoted employees for serving the City of Antioch.

Councilmember Barbanica welcomed the empl oyees and recognized Human Resources for onboarding the new employees.

ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER

BARBANICA, THE CITY COUNCIL MEMBERS PRESENT UNANIMOUSLY SUSPENDED THE RULES AND MOVED THE REGULAR AGENDA ITEM #8, TO BE HEARD AFTER ITEM #2 PROCLAMATION. THE MOTION CARRIED THE FOLLOWING VOTE:

AYES: OGORCHOCK, BARBANICA, THORPE ABSENT: TORRES-WALKER, WILSON

2. PROCLAMATION

Iglesia Ni Cristo Day, July 27, 2022

On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica , the City Council members present unanimously approved the proclamation.

Mayor Thorpe announced the proclamation would be presented to Iglesia Ni Cristo at their event.

COUNCIL REGULAR AGENDA

8. EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS AND INCENTIVE

PROGRAM FOR QUALIFIED LATERAL AND ENTRY LEVEL POLICE OFFICERS

Interim Police Chief Ford reque sted Council continue this item to allow staff additional time to provide a more comprehensive report.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
August 9, 2022 Page 3 of 7

On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock , the City Council members present unanimously tabled Item 8.

3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

➢ Multicultural Festival, Waldie Plaza – August 20, 2022

Director of Parks and Recreation Helfenberger announced the civic and community event.

4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

➢ Sales Tax Citizens’ Oversight Committee
➢ Board of Administrative Appeals

City Clerk Householder announced the Board and Commission openings.

PUBLIC COMMENTS

Shelly Hearne, Tom Lamothe and Gary Welch expressed concern regarding reckless driving and accidents that occurred on 10th Street. They requested the City Council address this issue by providing traffic calming measures such as radar trailers and increased police enforcement.

Leslie May requested the City seek grant funding for unhoused mental health facilities . She agreed with the previous speakers regarding their concerns on 10th Street and noted she would be following up with her concerns regarding West 9th Street. She spoke in support of reparations for black African Americans.

Frank Sterling agreed with the residents who spoke about 10th Street and expressed concern regarding the leadership of the Antioch Police Officers Association (APOA).

Andrew Becker agreed with previous speakers concerns regarding traffic on 10th Street and the leadership of the APOA. He commen ded Confire for their efforts to extinguish a fire on Deer Valley Road and questioned the city’s street, park and trail maintenance efforts.

Patricia Granados spoke in support of the un housed community receiving housing. She expressed concern for the leadership of the APOA. She discussed the diversity of residents in Antioch.

Public comment submitted in writing was entered into the record from the following individual:

Jessica Trizuto.

Mayor Thorpe reported that the cause of the fire on Deer Valley Blvd. was suspected arson and the suspect had been arrested.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS – None

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
August 9, 2022 Page 4 of 7

MAYOR’S COMMENTS – None

5. 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

B. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 26, 2022

C. APPROVAL OF COUNCIL WARRANTS

D. APPROVAL OF HOUSING SUCCESSOR WARRANTS

E. RESOLUTION NO. 2022/134 LOCAL ROADWAY SAFETY PLAN (P.W. 282-20)

F. RESOLUTION NO. 2022/13 5 ACCEPTANCE OF WORK AND NOTICE OF COMPLETION FOR THE ANTIOCH RIVERTOWN GATEWAY SIGN (P.W. 679-2)

G. RESOLUTION NO. 2022/13 6 CONSIDERATION OF BIDS FOR LANDSCAPE SERVICES: FOUR (4) PERSON LANDSCAPE ENHANCEMENT CREW BID NO. 988 - 0713-22B AND AWARD

H. RESOLUTION NO. 2022/13 7 TO ACCEPT THE CONVEYANCE AND ASSIGNMENT

OF PROPERTY RIGHTS FOR THE LINDSEY BASIN FINALIZATION TASKS AND

RIGHT OF WAY TRANSFER PROJECT

On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica , the City Council unanimously approved the Council Consent Calendar with the exception of item E which was removed for further discussion.

Item E – At the request of Councilmember Ogorchock, Director of Public Works/City Engineer Samuelson presented the staff report dated August 9, 2022, recommending the City Council adopt a resolution approving and adopting the Local Roadway Safety Plan.

Councilmember Ogorchock suggested light up crosswalks, radar trailer s and decoy cars be considered for areas where a high number of fatal and severe injury accidents had occurred.

Director of Public Works/City Engineer Samuelson reported staff would be developing a partnership with the APD to address streets with speeding concerns. He noted they would also be meeting with principals to get their feedback on traffic measures that could be implemented to improve safety near school sites.

Councilmember Ogorchock spoke in support of increasing proactive details and adding more personnel to the APD Traffic Division.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
August 9, 2022 Page 5 of 7

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously approved Item E.

PUBLIC HEARING

6. RESOLUTION ANNEXING CERTAIN PARCELS OF PROMENADE ANTIOCH, LP/TRI POINTE HOLDINGS, INC., INTO COMMUNITY FACILITIES DISTRICTS (CFD) NO. 2022-01 (PUBLIC SERVICES)

Director of Public Works/City Engineer Samuelson presented the staff report dated August 9, 2022, recommending the City Council adopt the resolution annexing certain parcels of Promenade Antioch, LP/Tri Pointe Holdings, Inc., into Community Facilities Districts (CFD) No. 2022-01 (Public Services).

Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.

RESOLUTION NO. 2022/138

On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council members present unanimously adopted the resolution annexing certain parcels of Promenade Antioch, LP/Tri Pointe Holdings, Inc., into Community Facilities Districts (CFD) No. 2022-01 (Public Services).

COUNCIL REGULAR AGENDA – Continued

7. UNHOUSED RESIDENT SERVICES – KEY FEATURES AND STRUCTU RE FOR CITY’S FUTURE APPLICATION TO ROUND 3 OF THE CALIFORNIA DEPARTMENT

OF HOUSING & COMMUNITY DEVELOPMENT HOMEKEY PROGRAM

Assistant City Manager Bayon Moore presented the staff report dated August 9, 2022, recommending the City Council adopt the resolution authorizing the City to commit $6M in funds by funding source and identify available City owned parcels for interim and/or permanent supportive housing opportunities for Antioch’s unsheltered residents.

Lindsay Amezcua yielded her time to Andrew Becker.

Andrew Becker , Leslie May, Frank Sterling, Patricia Granados and Edgar Martinez spoke in support of the City Council adopting the resolution. Ms. May suggested the City also consider developing facilities on land adjacent to APD for those experiencing mental illness.

Councilmember Ogorchock spoke in support of building homes for Veteran s, Seniors and the unhoused. She announced the State would be coming forward with additional funding opportunities to address these issues.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
August 9, 2022 Page 6 of 7

In response to Councilmember Barbanica, Assistant City Manager Bayon Moore explained the intention would be to identify a financial commitment that would signal to the development community that the City was supportive of this effort. She stated that depending on the type of projects that moved forward, $6M would be the cap and the timing for the release of those funds would depend on the structure of the proposals.

Councilmember Barbanica commented that Council had allocated a significant amount of money for the establishment of the Public Safety and Community Resources Department, the Executive Inn project, and their commitment to Motel 6. He expressed concern that they had not funded the Emergency Operations Center (EOC) or Prewett Park pool improvements, which were public safety issues. He suggested lowering the City’s commitment for this project to $2M.

Assistant City Manager Bayon Moore stated internally they had established a figure that they could defend, and it was brought forward after considering other projects that had benefited from Homekey.

Councilmember Barbanica reiterated that Council had voted down funding the EOC and Prewett pool improvements with ARPA funds. He stated he could not support a $6M commitment for this item given the projects Council had previously approved to address homelessness.

Councilmember Ogorchock agreed with Councilmember Barbanica regarding the importance of funding the City’s public safety items and lowering the City’s commitment to $2M in ARPA funds.

She suggested adding “L” Street parcels for Interim and/or permanent supportive housing opportunities.

Mayor Thorpe responded that there had been a proposal for the “L” Street parcels to become Veteran’s Park, and that item would be coming back to Council for consideration.

Jeree Glasser-Hedrick, Focus Strategies, explained the City’s investment could help leverage resources at the State level and if the City decreased their commitment, the State would also decrease theirs, which would result in a double negative effect on a project. She stated if the votes were present to approve the developer outreach at the $2M figure, she would recommend pursuing the effort, identifying those interested and evaluating proposals. She noted that their desire was to try to yield a unit count consistent with the Executive Inn project. She commented that Focus Strategies still supported the $6 M figure which they believed would result in better proposals coming forward ; however, they did not want to impede the approval process. She noted it was likely developers would request more funding which could be approved at a later date.

RESOLUTION NO. 2022/139

On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council members present unanimously adopted the resolution authorizing the City to commit $2M in American Rescue Plan Act (ARPA) funds by funding source and identify available City

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
August 9, 2022 Page 7 of 7

owned parcels for interim and/or permanent supportive housing opportunities for Antioch’s unsheltered residents.

PUBLIC COMMENT

Frank Sterling reiterated his concerns regarding the leadership of the APOA and several APD officers.

Patricia Granados suggested the D epartment of Justice audit the APD and those associated with lives lost. She expressed concern for those who supported the MAGA movement and stated Black Lives Matter.

Andrew Becker thanked Council for their hard work. He expressed concern regarding the Laurel Road exit, and suggested signage and temporary bollards be placed in the area.

STAFF COMMUNICATIONS – None

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Ogorchock requested the following items be agendized:

➢ Update on ARPA funding
➢ Consideration of lighting the pedestrian crossing on James Donlon Blvd. ➢ Update on park permitting fees
➢ Consideration of a free community event at Prewett Water Park sponsored by the APD for children especially those living in group homes

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously adjourned the meeting at 9:02 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk
B
09-27-22

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of September 27, 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
C
09-27-22

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

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
D
09-27-22

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of September 13, 2022, to the next meeting.

FISCAL IMPACT
None

DISCUSSION
N/A

ATTACHMENT
None.

F
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL AND CITY COUNCIL AS

SUCCESSOR AGENCY TO THE ANTIOCH DEVELOPMENT AGENCY

DATE: Regular Meeting of September 27, 2022

TO: Honorable Mayor and Members of the City Council and City Council as Successor Agency to the Antioch Development Agency

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Updated Conflict of Interest Code for the City of Antioch and City as Successor Agency to the Antioch Development Agency

RECOMMENDED ACTION
It is recommended that:

1) The City Council adopt a resolution approving the updated Conflict of Interest Code for the City of Antioch and authorizing the City Manager to execute the attached Biennial Notice (Attachment A).
2) The City Council as Successor Agency to the Antioch Development Agency adopt a resolution approving the updated Conflict of Interest Code for the City as Successor Agency to the Antioch Development Agency and authorizing the City Manager to execute the attached Biennial Notice (Attachment B).

FISCAL IMPACT
No fiscal impact related to this item.

DISCUSSION
Pursuant to the Political Reform Act (Cal. Gov't Code sections 87100 et. Seq.), a Conflict of Interest Code designates positions within an agency that make, or participate in making, governmental decisions that may have a material effect on the financial i nterest of the person holding such position. A C onflict of Interest code also indicates disclosure categories, which list the specific types of financial interests that must be disclosed annually by the designated official or employee. The updated descript ions for each Disclosure Category are reflected under “Appendix A” for Attachments A and B.

Antioch City Council Report
September 27, 2022, Agenda Item #F 2

City
To comply with the Political Reform Act, the City is required to review the Conflict of Interest Code every two years to determine if amendments are necessary to include new positions, delete abolished positions, revise job titles or revise disclosure categories.

Positions that still exist are shown, even if they are currently vacant, frozen or unbudgeted. Appendix B to Attachment A shows proposed edits to the designated positions, which conform to the City's current organization chart.

City as Successor Agency to the Antioch Development Agency AB 1484 made Successor Agencies separate legal entities subject to the Political Reform Act. The City, as Successor Agency to the Antioch Development Agency, adopted its own Conflict of Interest Code in 2012. Appendix B to Attachment B shows updates of the designated positions since 2020, to conform to the City's current organization chart.

ATTACHMENTS
A. Resolution – City of Antioch
Exhibit 1 – Conflict of Interest Code
Appendix A – Disclosure Categories
Appendix B – Designated Officials and Employees
Exhibit 2 – Biennial Notice

B. Resolution – Successor Agency to the Antioch Development Agency Exhibit 1 – Conflict of Interest Code
Appendix A – Disclosure Categories
Appendix B – Designated Officials and Employees
Exhibit 2 – Biennial Notice

ATTACHMENT A

RESOLUTION NO. 2022/***

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

ADOPTING AN UPDATED CONFLICT OF INTEREST CODE

WHEREAS, pursuant to the Political Reform Act (Cal. Gov't Code section 87100, et. seq.), the City is required by October 1 st of each even-numbered year to review and update its Conflict of Interest Code as necessary; and

WHEREAS, the updated Code contains revised descriptions of the disclosure categories to reflect current practices (Appendix A); and

WHEREAS, the updated code deletes positions that are no longer in existence, adds new positions, and updates job titles (Appendix B).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby adopts the updated City of Antioch Conflict of Interest Code attached hereto as Exhibit 1 and incorporated by reference including Appendix A (Disclosure Categories) and Appendix B (Designated Officials and Employees).

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Local Agency Biennial Notice as required by law.

* * * * * * * * * *
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 27 th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

EXHIBIT 1

Conflict of Interest Code of the City of Antioch

The Political Reform Act (Government Code §§81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. §18730) which contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 California Code of Regulations §18730 and any amendments to it duly adopted by the Fair Political Commission along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest code of the City of Antioch.

Individuals in designated positions shall file statements of economic interests with the City Clerk, which will make the statem ents available for public inspection and reproduction. (Government Code §81008.) Statements filed by all individuals in designated positions will be retained by the City Clerk.

APPENDIX “A”

DISCLOSURE CATEGORIES

# Description

1 Investments, Interests in Real Property, Income/Business Positions, Gifts/Travel (Positions with authority that affect city-wide, including real property; Schedules A-1, A-2, B, C, D, E – if applicable)
All financial investments in any business entity that is located in, doing business in, planning to do business in, or that has done business during the previous two years within the City of Antioch in which the filer, their spouse/registered domestic partner, or dependent children, had beneficial interest totaling $2,000 or more at any time during the reporting period.

All interests in real property (excluding primary residence), in whole or in part, located inside or within two miles outside of the jurisdiction boundaries of the City of Antioch, in which the filer, their spouse/registered domestic partner, or dependent children, had beneficial interest totaling $2,000 or more during the reporting period.

All sources of gross income (including any loans, or community property share) of $500 or more during the reporting period received from, and any business positions held with, any business entity that is located in, doing business in, planning to do business in, or that has done business during the previous two years in the City of Antioch.

All sou rces of gifts accepted of $50 or more, travel payments, advances, and reimbursements for travel -related expenses, including lodging and meals. Travel payments are considered gifts if you did not provide services that were equal to or greater value than the amount received. Travel payments are considered income if you provided services that were equal to or greater value than the amount received.

2 Investments, Income/Business Positions, Gifts/Travel
(Positions with purchasing authority that affect city-wide, excluding real property; Schedules A-1, A-2, C, D, E – if applicable)
Financial investments in any business entity that provided services, supplies, materials, machinery, or equipment during the previous two years within the City of Antioch in which the filer, their spouse/registered domestic partner, or dependent children, had beneficial interest totaling $2,000 or more at any time during the reporting period.

Gross income (including any loans, or community property share) of $500 or more during the reporting period received from, and any business positions held with, any business entity that provided services, supplies, materials, machinery, or equipment during the previous two years within the City of Antioch.

Gifts accepted of $50 or more, travel payments, advances, and reimbursements for travel- related expenses, including lodging and meals from any sources that provided services, supplies, materials, machinery, or equipment within the City of Antioch. Travel payments are considered gifts if you did not provide services that were equal to or greater value than the amount received. Travel payments are considered income if you provided services that were equal to or greater value than the amount received. 3 Investments, Income/Business Positions, Gifts/Travel
(Positions with purchasing authority that affect department-wide only; Schedules A-1, A-2, C, D, E – if applicable)
Financial investments in any business entity that provided services, supplies, materials, machinery, or equipment during the previous two years within the designated position’s department in which the filer, their spouse/registered domestic partner, or dependent children, had beneficial interest totaling $2,000 or more at any time during the reporting period.

Gifts accepted of $50 or more, travel payments, advances, and reimbursements for travel- related expenses, including lodging and meals from any business entity that provided services, supplies, materials, mac hinery, or equipment within the designated position’s department. Travel payments are considered gifts if you did not provide services that were equal to or greater value than the amount received. Travel payments are considered income if you provided servi ces that were equal to or greater value than the amount received.

4 Investments, Income/Business Positions, Gifts/Travel
(Positions with regulatory, permit or licensing authority; Schedules A-1, A-2, C, D, E – if applicable)
Financial investments in any business entity subject to the City of Antioch’s regulatory, permit, or licensing authority during the previous two years, in which the filer, their spouse/registered domestic partner, or dependent children, had beneficial interest totaling $2,000 or more at any time during the reporting period.

Gross income (including any loans, or community property share) of $500 or more during the reporting period received from, and any business positions held with, any business entity subject to the City of Antioch’s r egulatory, permit, or licensing authority during the previous two years.

Gifts accepted of $50 or more, travel payments, advances, and reimbursements for travel- related expenses, including lodging and meals from any business entity subject to the City of Antioch’s regulatory, permit, or licensing authority during the previous two years.

Travel payments are considered gifts if you did not provide services that were equal to or greater value than the amount received. Travel payments are considered income if you provided services that were equal to or greater value than the amount received.

5 Interests in Real Property
(Positions with authority affecting real property;
Schedule B – if applicable)
All interests in real property (excluding primary residence), in whole or in part, located inside or within two miles outside of the jurisdiction boundaries of the City of Antioch, in which the filer, their spouse/registered domestic partner, or dependent children, had a beneficial interest totaling $2,000 or more during the reporting period.

Page 1 of 3 ends

APPENDIX B – CONFLICT OF INTEREST CODE

CITY OF ANTIOCH:

DESIGNATED OFFICIALS AND EMPLOYEES

The following officials and employees hold positions requiring full disclosure of interests, pursuant to California Government Code Section 87200 and shall file a Form 700:

Mayor and City Councilmembers
Planning Commissioners
City Treasurer
City Manager
City Attorney
Finance Director

The following officials, employees and consultants are in the following disclosure categories:

POSITION CATEGORY

Boards and Commissions
Board of Administrative Appeals ..................................................................................... 1 Building Board of Appeals ............................................................................................... 1 Economic Development Commissioners ......................................................................... 1 Parks and Recreation Commissioners ............................................................................ 1 Police Crime Prevention Commission ............................................................................. 1 Antioch Police Oversight Commission ............................................................................. 1 Sales Tax Citizens’ Oversight Committee ....................................................................... 1

City Attorney’s Office
City Attorney .................................................................................................................... 1 Assistant City Attorney .................................................................................................... 1 Deputy City Attorney ....................................................................................................... 1 *Consultant ...................................................................................................................... 1

City Clerk’s Office
City Clerk ........................................................................................................................ 2 Deputy City Clerk ........................................................................................................... 2 Administrative Analyst .................................................................................................... 3

City Manager’s Office
City Manager ................................................................................................................... 1

Page 2 of 3 ends

Assistant City Manager ................................................................................................... 1 Project Manager ................................................................................................................

Principal Executive Assistant .......................................................................................... 3 Public Information Officer ................................................................................................ 2 Youth Services Network Manager ..................................................................................... *Consultant ...................................................................................................................... 1

Community Development Department
Community Development Director .................................................................................. 1 Planning Manager ........................................................................................................... 1 Planners – Assistant, Associate and Senior ................................................................ 4, 5 Building Inspection Services Manager .................................................................... 3, 4, 5 Building Inspector ........................................................................................................ 4, 5 Code Enforcement Manager ................................................................................... 3, 4, 5 Code Enforcement/Asset Recovery Coordinator ........................................................ 4, 5 Code Enforcement Officer ........................................................................................... 4, 5 Administrative Analyst ................................................................................................. 3, 5 *Consultant ...................................................................................................................... 1

Economic Development Department
Economic Development Director ..................................................................................... 1 Economic Development Program Manager ..................................................................... 1 *Consultant ...................................................................................................................... 1

Finance Department
Finance Director .............................................................................................................. 1 Deputy Finance Director .................................................................................................. 1 Finance Services Supervisor ........................................................................................... 2 Buyer ............................................................................................................................... 2

Human Resources Department
Administrative Services Director ..................................................................................... 2 Human Resources Director ............................................................................................. 2 Risk Manager .................................................................................................................. 2 Human Resources Analyst .............................................................................................. 2 Human Resources Specialist .......................................................................................... 3 Administrative Analyst .......................................................................................................

Information Systems Department
Information Systems Director .......................................................................................... 2 Information Systems Project Manager ............................................................................ 2 Information Systems Network Administrator ................................................................... 3

Parks and Recreation Department

Page 3 of 3 ends

Parks and Recreation Director ........................................................................................ 1 Recreation Supervisor ................................................................................................. 3, 5 Administrative Analyst ..................................................................................................... 3

Police Department
Chief of Police ................................................................................................................. 1 Police Captain ................................................................................................................. 1 Police Lieutenant ............................................................................................................. 3 Police Communications Supervisor ................................................................................. 3 Police Records Supervisor .............................................................................................. 3 Animal Services Manager ............................................................................................... 2 Doctor of Veterinary Medicine ......................................................................................... 3 Administrative Analyst ..................................................................................................... 3

Public Safety and Community Resources Department
Public Safety and Community Resources Director .......................................................... 1 Public Safety and Community Resources Manager ........................................................ 1 Youth Services Network Manager ................................................................................... 2 Administrative Analyst ..................................................................................................... 3 *Consultant ...................................................................................................................... 1

Public Works Department
Public Works Director/City Engineer ............................................................................... 1 Deputy Director of Public Works ..................................................................................... 1 Assistant City Engineer ................................................................................................... 1 Project Manager .............................................................................................................. 1 Operations Supervisor ..................................................................................................... 1 Water Treatment Plant Superintendent ........................................................................... 1 Collection Systems Superintendent................................................................................. 1 Water Distribution Superintendent................................................................................... 1 Engineers - Assistant, Associate, Senior ..................................................................... 4, 5 Senior Public Works Inspector .................................................................................... 4, 5 Public Works Inspector ................................................................................................ 4, 5 Administrative Analyst ..................................................................................................... 3

* Consultants are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:

The City Attorney may determine, in writing, that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in the City’s Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Attorney’s determination shall be a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code (Gov. Code Section 81008).
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

Exhibit 2

ATTACHMENT B

RESOLUTION NO. 2022/***

RESOLUTION OF THE SUCCESSOR AGENCY TO THE

ANTIOCH DEVELOPMENT AGENCY OF THE CITY OF ANTIOCH

ADOPTING AN UPDATED CONFLICT OF INTEREST CODE

WHEREAS, pursuant to the Political Reform Act (Cal. Gov't Code section 87100, et. seq.), the City as Successor Agency to the Antioch Development Agency is required by October 1 st of each even-numbered year to review and update its Conflict of Interest Code as necessary;

WHEREAS, the updated Code contains revised descriptions of the disclosure categories to reflect current practices (Appendix A); and

WHEREAS, the updated code deletes positions that are no longer in existence, adds new positions, and updates job titles (Appendix B).

NOW, THEREFORE, BE IT RESOLVED that the Successor Agency to the Antioch Development Agency of the City of Antioch hereby adopts the updated City of Antioch Successor Agency to the Antioch Development Agency Conflict of Interest Code attached hereto as Exhibit 1 and incorporated by reference including Appendix A (Disclosure Categories) and Appendix B (Designated Officials and Employees).

BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute the Local Agency Biennial Notice as required by law.

* * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch as Successor Agency to the Antioch Development Agency at a regular meeting thereof, held on the 27th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_______________________________________

ELIZABETH HOUSEHOLDER

RECORDING SECRETARY

EXHIBIT 1

Conflict of Interest Code of the City of Antioch as Successor Agency to the Antioch Development Agency

Individuals in designated positions shall file statements of economic interests with the City Clerk, which will make the statements available for public inspection and reproduction. (Government Code §81008.) Statements filed by all individuals in designated positions will be retained by the City Clerk.

APPENDIX “A”

DISCLOSURE CATEGORIES

# Description

All sources of gifts accepted of $50 or more, travel payments, advances, and reimbursements for travel -related expenses, including lodging and meals. Travel payments are considered gifts if you did not provide services that were equal to or greater value than the amount received. Travel payments are considered income if you provided services that were equal to or greater value than the amount received.

Gifts accepted of $50 or more, travel payments, advances, and reimbursements for travel- related expenses, including lodging and meals from any sources that provided services, supplies, materials, machinery, or equipment within the City of Antioch. Travel payments are considered gifts if you did not provide services that were equal to or greater value than the amount received. Travel payments are considered income if you provided services that were equal to or greater value than the amount received. 3 Investments, Income/Business Positions, Gifts/Travel
(Positions with purchasing authority that affect department-wide only; Schedules A-1, A-2, C, D, E – if applicable)
Financial investments in any business entity that provided services, supplies, materials, machinery, or equipment during the previous two years within the designated position’s department in which the filer , their spouse/registered domestic partner, or dependent children, had beneficial interest totaling $2,000 or more at any time during the reporting period.

Gifts accepted of $50 or more, travel payments, advances, and reimbursements for travel- related expenses, including lodging and meals from any business entity that provided services, supplies, materials, machinery, or equipment within the designated position’s department. Travel payments are considered gifts if you did not provide services that were equal to or greater value than the amount received. Travel payments are considered income if you provided services that were equal to or greater value than the amount received.

Gross income (including any loans, or community property share) of $500 or more during the reporting period received from, and any business positions held with, any business entity subject to the City of Antioch’s regulatory, permit, or licensing authority during the previous two years.

Page 1 of 2 ends

APPENDIX B – CONFLICT OF INTEREST CODE

SUCCESSOR AGENCY TO THE ANTIOCH DEVELOPMENT AGENCY:

DESIGNATED OFFICIALS AND EMPLOYEES

The following officials and employees hold positions requiring full disclosure of interests, pursuant to California Government Code Section 87200 and shall file a Form 700:

City Council Members serving as Members of the Successor Agency to the Antioch Development Agency
City Treasurer
City Manager
City Attorney
Finance Director

The following officials, employees and consultants are in the following disclosure categories:

POSITION CATEGORY

City Clerk/Recording Secretary’s Office
City Clerk/Recording Secretary ...................................................................................... 2 Deputy City Clerk/Deputy Recording Secretary .............................................................. 2 Administrative Analyst .................................................................................................... 3

City Manager’s Office
City Manager ................................................................................................................... 1 Assistant City Manager ................................................................................................... 1 Administrative Analyst .......................................................................................................

Economic Development Department
Economic Development Director ..................................................................................... 1

Page 2 of 2 ends

* Consultants are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:

The City Attorney may determine, in writing that a particular consultant, although a “designated position,” is h ired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in the City’s Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Attorney’s determination shall be a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code (Gov. Code Section 81008).
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Exhibit 2
Successor Agency to the Antioch Development Agency of the City of Antioch 200 H Street, Antioch, CA 94509
City Attorney's Office
925-779-7015
[email protected]
✔
■
■
■

G
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 27, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director

SUBJECT: Short Term Lease Agreement with Rivertown Jamboree for Temporary Office Space at the Nick Rodriguez Community Center

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

1. Approving a short-term lease agreement betwe en the City of Antioch and Rivertown Jambor ee for d esignated space at the Nick Rodriguez Center (Attachment B); and

2. Authorizing the City Manager to execute the Agreement.

FISCAL IMPACT
There will be a negligible impact to the City Budget related to the purchase of k eys and locks and an anticip ated incr ease in utility costs resulting from an increased use of electricity.

DISCUSSION
Rivertown Jamboree, a non- profit organization, has occupied the Rivertown Resource Center at 301 W. 10 th Street, a property owned by the City of Antioch. The C ity now intends to use the 10th Street location as the future site of the newly established City of Antioch Public Safety and Community Resources Department.

The City notified existing tenants of 301 W. 10
th Street of its future plans and has issued
a N otice to Vacate to all o rganizations at the Rivertown R esource Center, including Rivertown Jamb oree. To assist with transition and to provide a benefit to the community, the City offered temporary space at the Nick Rodriguez Community C enter, at no cost, for one yea r, s ubject to City Council approval . Rivertown Jamboree has indicated that i ts interest in accept ing this offer. Therefore, staff seeks approval of a short-term lease agreement between the City and Rivertown Jamboree.

ATTACHMENTS
Antioch City Council Report
September 27, 2022 Agenda Item #G 2
A. Resolution
B. Short Term Lease Agreement

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A SHORT-TERM LEASE AGREEMENT WITH RIVERTOWN

JAMBOREE FOR TEMPORARY SPACE AT THE NICK RODRIGUEZ COMMUNITY

CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

WHEREAS, Rivertown Jamboree, a non-profit organization, has been utilizing space at the Rivertown Resource Center located at 301 W. 10th Street Antioch; WHEREAS, the City of An tioch (“City”) now intends to use the property as the future site of the Cit y’s newly established Public Safety and Community Resources Department;
WHEREAS, to assist with the transition and to provide a benefit to the community, the City seeks to offer Rivertown Jamboree a short-term lease agreement for temporary space at the Nick Rodriguez Community Center, at no cost for a period of one year, subject to City Council approval; and
WHEREAS, Rivertown Jamboree has indicated interest in accepting this offer.

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

1. Approves a short-term lease agreement between the City and Rivertown Jamboree (“Agreement”) in substantially the form of Attachment B, for the use of temporary space at the Nick Rodriguez Community Center; and

2. Authorizes the City Manager to execute the Agreement, subject to approval of form 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 27th day of September, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

82595.00009\40098757.2
1 CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
[FOR WORKSTATION IN ROOM 123]
THIS SHORT TERM LEASE AGREEMENT (the “ Lease”) is made and entered into by and between the City of Antioch (“Landlord”) and RIVERTOWN JAMBOREE (“Tenant”), for and in consideration of the premises and mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, under the following terms and conditions:

Introduction. Landlord owns the property located at 213 F Street, located in the City of Antioch, California, and commonly referred to as the Nick Rodriguez Community Center (the “Property”). The Property is improved with a community center and other improvements.

Description of the Leased Workstation. The Property includes that area commonly referred to as Room 123, which consists of approximately 360 square feet (“Room 123”). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord approximately fifty percent of Room 123, consisting of approximately 180 square feet (the “Workstation”), as shown on Exhibit A.

Term, Occupancy, Extension, Termination & Holdover.
a. Term. The term of this Lease shall commence on the date this Lease is executed by both Tenant and Landlord (the “ Commencement Date”), and shall continue in effect for one (1) year (“Expiration Date”) unless earlier terminated as provided herein. b. Occupancy. Tenant may, upon execution of this Lease by Landlord and Tenant, occupy the Workstation on the Commencement Date subject to all terms and conditions of this Lease, provided Tenant complies with Section 15 (Insurance) and delivers an insurance certificate to Landlord prior to entry. Upon delivery of the insurance certificate, Landlord shall deliver possession to Tenant.
c. Workstation Use Termination. In addition to any other right to terminate for default as specified in this Lease, Landlord may terminate this Lease on sixty (60) days’ written notice if Landlord requires the Workstation for a public purpose or if the Property or Workstation are closed for the purposes of renovation or other construction of improvements. Tenant agrees it shall not assert any claims for compensation in the event of termination of this Lease and Landlord shall have no obligation to provide any alternate location for Tenant’s use. d. Holdover. Tenant shall not hold over after the expiration or earlier termination of the term hereof without the express prior written consent of Landlord. Continued possession, beyond the term of this Lease, notwithstanding any acceptance of rent by Landlord, shall constitute a month-to-month extension of this Lease. During any holdover period, Landlord shall be entitled to rent equal to two times the fair market value of the Workstation, as reasonably determined by the Landlord.

Attachment B

82595.00009\40098757.2

2 Rent. No rent shall be due and payable by Tenant in connection with this Lease during the term.

Condition of, and Improvements to Workstation.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Workstation prior to, or as a condition of, Tenant’s occupation of the Workstation. However, Landlord reserves the right to close, make alterations or additions to, or change the location of elements of the Property and the Workstation.
b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Workstation and the Property. Tenant agrees to take possession of the Workstation in an AS-IS condition (which exists on the date this Lease is signed). Landlord makes no representations related to the Workstation or the Property regarding the condition, status, compliance with Laws or suitability for a particular purpose for Tenant’s use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Workstation to Landlord in as good condition as when originally received, ordinary wear and tear excepted. If Tenant fails to maintain the Workstation in good order and repair, after thirty (30) days’ prior written notice, Landlord may, at its option, make such repairs, at Tenant’s sole expense.

Use. The Workstation shall only be used by and available to Tenant from 8:00 a.m. through 10:00 p.m. on weekdays, excluding holidays. The Workstation shall be used only for Tenant’s nonprofit clerical or business operations or for storage space related to Tenant’s nonprofit operations, and not for events, and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Workstation for purposes other than those specified without first obtaining the written consent of Landlord.
a. Unsecured Space. Tenant recognizes and acknowledges that the Workstation is not separated by walls or secured doors from the remainder of Room 123. Room 123 does not have secured doors. In addition, the Workstation is adjacent to that portion of the Property commonly referred to as Room 124, comprised of 240 square feet and separated from Room 123 by an unsecured, accordion wall. Tenant shall be solely responsible for security and storage of any personal property of Tenant within the Workstation, and for providing any furniture, equipment or secured storage containers required by Tenant for use of the Workstation. b. Adjacent Tenants; Coordination; Rules and Regulations. Tenant agrees to coordinate its activities and use of the Workstation with those of the adjacent tenant in Room 123, and the tenants in Room 124, as identified in Exhibit “A”, and with Landlord and other uses of the Property. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management of the Workstation or Property (“Rules and Regulations”), including rules and regulations related to access to and any security codes or keys to access the Property or Workstation. Landlord’s initial Rules and Regulations are attached to this Lease as Exhibit “B” and incorporated herein by reference. Landlord shall notify Tenant of all additions or changes to such Rules and Regulations, and shall provide a written copy of any new or modified Rules and Regulations to Tenant. The violations of any such Rules and Regulations shall be deemed a material breach of this Lease by Tenant. Landlord will try to

82595.00009\40098757.2

3 enforce the Rules and Regulations, to the extent applicable to other tenants or users of the Property, but will not be liable to Tenant for the violation or non-performance of the Rules and Regulations by any other tenant or user of the Property.
c. Use of Property by Public; Emergency Use. Tenant recognizes that the Property is used and accessed by the public as a community center. The Multi-Purpose-Room adjacent to Room 123 is used for a variety of activities that often involve singing, dancing, music, or other noise. Tenant acknowledges that these activities will continue to occur for the duration of the Lease. The Multi-Purpose Room is subject to use by PG&E as a Community Resource Center (CRC) during emergency events. The Workstation may be unavailable for Tenant’s use while the CRC is activated. Landlord will provide advance notice, if possible, in such an event. None of the foregoing shall be a violation of this Lease by Landlord. d. Conference Room. The Property contains a conference room, available only upon prior request and subject to availability. All use of the conference room must be booked in advance with the Parks and Recreation department of the City of Antioch, as further detailed in the attached Exhibit “B”.
e. Parking Areas; Access to Workstation. Subject to the attached Rules and Regulations, Tenant shall have the non-exclusive right to use the parking area (first-come first- served basis) and driveways, sidewalks, common area pathways and hallways to and from the parking area and Workstation (the route for which Landlord may designate from time to time), and the restroom identified in Exhibit “B” in common with the other tenants and users of the Property, as well as with Landlord’s use of same. Tenant shall not have the right to use any other portions of the Property.

Compliance with Laws; Non-Discrimination; Hazardous Materials. a. Tenant, at Tenant’s expense, shall comply with and cause all of Tenant’s agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Workstation or the Property, or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, “Laws”). b. Tenant herein covenants by and for itself, its heirs, executors, administrators, successors, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Workstation.
c. Tenant shall not cause or permit any hazardous materials to be brought upon, kept, used, discharged, deposited or leaked in or about the Workstation.

Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Workstation, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant, occupant or user of the Property or injure or annoy them.

Tenant shall not use or allow the Workstation to be used for any improper, immoral, or objectionable purposes, to be determined Landlord’s sole and absolute judgment. Tenant shall be

82595.00009\40098757.2

4 responsible for all damage to the Workstation or any other portion of the Property caused by Tenant or its employees, agents, invitees, contractors or assignees (individually, a “Tenant Party” and collectively “Tenant Parties”).

Repair and Maintenance.
a. Landlord shall repair and maintain the roof, structural foundations, exterior walls of the building, and common areas in which the Workstation is located unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant or any Tenant Parties, in which case Landlord shall promptly cause the repairs to be made at Tenant’s sole expense. b. Tenant shall, at Tenant’s sole cost and expense, maintain the Workstation except as noted under Section 8(a), above, in good, clean condition and repair. c. Tenant shall, at its sole expense, (a) within the Workstation, provide separate and suitable water-tight receptacles for all garbage and refuse produced or accumulated in the Workstation; and (b) at the close of each day (and more often if required by Landlord) remove the same to any garbage area as designated by Landlord.

Utility Charges. Tenant shall not be charged for normal utility usage. Landlord shall not be responsible for any interruptions or disturbance of service. No internet service is provided, and any provision and installation of internet service shall be at Tenant’s sole cost and subject to the reasonable approval of Landlord.

Revenue & Taxation Code Section 107.6 Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section, be responsible for payment of property taxes levied against such possessory interest.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Workstation.

Assignment and Subletting; Encumbrances. Tenant shall not either voluntarily, or by operation of law, convey, assign, transfer, mortgage, pledge, sublet or encumber any interest in the Workstation including, but not limited to, by deed of trust or other security instrument, during the term of this Lease.
a. Tenant shall not allow any other person (with the exception of Tenant Parties) to occupy or use the Workstation, or any portion thereof, without Landlord’s prior written consent, which may be granted or refused in Landlord’s sole discretion. b. Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, encumbrance, deed of trust or any other security instrument shall be void where prior written consent has not first been obtained from Landlord.

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

82595.00009\40098757.2

5 Indemnification.
a. Waiver of Claims. Landlord shall in no way be liable for any loss of property in the Workstation, however occurring, or for any damage done to the effects of Tenant by any employee, consultant, tenant, member of the public, or other outside person, and Landlord shall have no obligation whatsoever to provide security measures for the benefit of the Workstation. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and all Tenant Parties. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant’s sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and its officers, officials, employees, contractors, agents and volunteers from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Workstation or any other portion of the Property, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or any Tenant Parties in or about the Workstation or the Property except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. The obligations of Tenant under this Section 15(b) shall survive the termination or earlier expiration of this Lease.
c. Assumption of Risk. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Workstation and its property including, but not limited to, Tenant’s fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Workstation, arising from any cause.

Insurance. Tenant shall obtain and maintain at all times during the term of this Lease insurance against claims for injuries to personal or damages to property which may arise from or in connection with the Lease by the Tenant or any Tenant Parties. Tenant shall obtain and furnish proof of coverage as to each type of insurance required. The insurance provisions are not to be construed in any way as a limitation on liability under this Lease. a. Property Insurance. Property insurance to insure against fire, lightening, vandalism and malicious mischief, covering damage to or loss of any of Tenant’s personal property, fixtures, equipment, improvement and alterations, including electronic data processing equipment (collectively, “Tenant’s Property”) (and coverage for 100% of the replacement cost thereof including business interruption of Tenant);
b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, products/completed operations. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an “Insured Contract” for the performance of Tenant’s indemnity obligations under this Lease;

82595.00009\40098757.2

6 c. Worker’s Compensation . Workers’ compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Workstation including coverage for all states and, if applicable, voluntary compensation, together with employer’s liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); d. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 15(a) and (b) above. The umbrella liability or excess liability policy shall be written on an “occurrence” form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. e. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Workstation and/or the building in which the Workstation are located, and to the fixtures, personal property, Tenant’s improvements, and alterations of either Landlord or Tenant in or on the Workstation and/or the building in which the Workstation are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. f. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, VII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Workstation, unless otherwise allowed by Landlord. Such certificates of insurance must specifically show all the special policy conditions required in this paragraph, including “additional insured,” “waiver of subrogation,” “notice of cancellation,” and “primary insurance” wording applicable to each policy.

Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof. Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy. g. Additional Insureds; Endorsements. With respect to CGL Insurance, Tenant shall name Landlord, its officers, officials, employees, agents and volunteers as additional insureds with respect to any claims arising out of Tenant’s operations in or upon the Workstation. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party’s additional insured status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy.

Damage or Destruction of Workstation. In the event that repairs are necessary to alleviate structural hazards because the Workstation are damaged by the elements, acts of God, or other circumstances not caused by the negligence or willful misconduct of Tenant Parties, Tenant shall

82595.00009\40098757.2

7 inform Landlord in writing of such necessity. Landlord shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs.

Default. The occurrence of any of the following shall constitute a default by Tenant:
a. Tenant shall fail to pay when due any rent or any other monetary sum payable under this Lease.
b. Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease if such default continues for a period of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) day period and thereafter diligently pursues it to completion.
c. Institution of voluntary bankruptcy proceedings by Tenant; Institution of involuntary bankruptcy proceedings in which the Tenant thereafter is adjudged a bankruptcy; assignment for the benefit of creditors of the interest of Tenant under this Lease; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver.
d. The abandonment of the Workstation by Tenant, or the vacation (hereby defined to be sixty (60) or more consecutive days of continual absence from the Workstation) of the Workstation by Tenant.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Workstation.

Landlord’s Remedies. In the event of any such material breach or default by Tenant, Landlord may at any time thereafter, with or without notice or demand, and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach, do any of the following:
a. Terminate the Lease on written notice to Tenant, in which case Tenant shall immediately surrender possession of the Property to Landlord on the termination date specified by Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default including, but not limited to, the cost of recovering possession of the Property, including all attorneys’ fees and court costs incurred, if any. b. Maintain Tenant’s right to possession in which case this Lease shall continue in effect, and Landlord shall be entitled to enforce all of Landlord’s rights and remedies under this Lease.
c. Pursue any other remedy available to Landlord at law or in equity.

Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Workstation, whether inside or outside the Workstation, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws,

82595.00009\40098757.2

8 including local sign ordinances and Historic Preservation laws. Unapproved signs, banners, flags, etc., shall be removed by Tenant upon Landlord’s request.

Relocation Benefits. Tenant agrees that its use of Workstation or this Lease shall not entitle Tenant to any relocation benefits pursuant to federal, state or local law and waives any such claim against Landlord.

Condemnation. If the Workstation or the Property is taken by condemnation, the Lease shall terminate on the date of the acquisition.

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

Reservations. Landlord reserves the right, without the consent of Tenant, to grant such easements, licenses, rights or dedications that Landlord deems necessary.

No Personal Liability. No member, officer, official or employee of the Landlord shall be personally liable in the event of any default or breach by the Landlord.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Workstation and to Landlord at: City of Antioch, P.O. Box 5007, Antioch, CA 94531-5007, Attn. City Manager.

Waiver. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

Titles and Definitions. The titles of paragraphs herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words “Landlord” and “Tenant” as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.

Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.

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

82595.00009\40098757.2

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

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

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

Counterparts. This Lease may be signed in counterparts, each of which shall be deemed to be an original, all of which together shall constitute one and the same document. Counterparts may be delivered via U.S. Mail, facsimile, electronic mail (including .pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g. www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

[Signatures on following page]

82595.00009\40098757.2

10 SIGNATURE PAGE TO

CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

Date:__________________________

TENANT

By:

Betty Smith, Executive Director
Rivertown Jamboree

Date:__________________________

LANDLORD

CITY OF ANTIOCH

By:

Cornelius Johnson, Interim City Manager

ATTEST:

By:_____________________________
Elizabeth Householder, City Clerk

APPROVED AS TO FORM:

By: ____________________________
Thomas Lloyd Smith, City Attorney

82595.00009\40098757.2

Exhibit A

EXHIBIT A

DEPICTION OF WORKSTATION
AND REMAINDER OF ROOM 123 AND ROOM 124

[attached behind this page]

Workstation Area
(Rm 123 & 124)
Bookable Conference Room
(Rm 121)
Restrooms
(Rm 117 & 118)
Main Facility Entrance
Exhibit A: Facility Diagram

Exhibit A: Workstation Area Diagram
Parking Lot
(West side of building)
Todos Unidos Rivertown Jamboree Mission Possible Prison From The Inside Out Appx 12'x12' Appx 12'x12' Appx 8' x 12' Appx 8'x12'
Room 123 (appx 15'x24') Room 124 (appx 15'x16')
Area to remain clear for entrance and egress
Area appx 3'x40'
Door Door
Multi Purpose Room
Accordion Wall

82595.00009\40098757.2

Exhibit B

EXHIBIT B

RULES AND REGULATIONS

1. Use shall be limited to Mondays-Fridays from 8am-10pm. No use will be allowed on Saturdays, Sundays, or City Holidays.

2. Tenant will be issued one (1) key to the main entrance of the Nick Rodriguez Community Center and one (1) key to the Workstation area. Tenant will be issued a security alarm code to the building. Tenant shall be responsible for arming the security alarm when they are the last to leave the facility. Tenant shall keep confidential the security alarm code, and shall not make copies of the keys and shall store the keys in a safe location. Tenant shall be responsible to Landlord for all costs incurred by Landlord should Tenant lose or misplace a key.

3. Tenant may only use the restrooms located to the south of the Multi-Purpose room (rooms 117 and 118 on the building plans). Entry into the Senior Center area is not allowed at any time.

4. Use of the conference room (room 121) is available on a limited first come, first served basis. A sign up sheet/ schedule will be posted outside the room. The City will have first priority to use the space when needed.

5. Use of the Property is limited to the areas described in the Lease agreement. No other use of space on the Property is allowed.

6. Tenant may use the parking lot to the west of the building. No spaces are reserved or assigned.

7. The Rules and Regulations apply to Tenant and any Tenant Parties.

H
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 27, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director

SUBJECT: Short Term Lease Agreement with Todos Unidos for Temporary Office Space at the Nick Rodriguez Community Center

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

1. Approving a short-term lease agreement between the City of Antioch and Todos Unidos for designated space at the Nick Rodriguez Center (Attachment B); and

2. Authorizing the City Manager to execute the Agreement.

FISCAL IMPACT
There will be a negligible impact to the City Budget related to the purchase of k eys and locks and an anticip ated incr ease in util ity costs resulting from an increased use of electricity.

DISCUSSION
Todos Unidos, a non- profit organization, has occupied the Rivertown Resource C enter at 301 W. 10 th Street, a property owned by the City of Antioch. The C ity now intends to use the 10th Street location as the future site of the newly established City of Antioch Public Safety and Community Resources Department.

The City notified existing tenants of 301 W. 10
th Street of its future plans and has issued
a N otice to Vacate to all o rganizations at the Rivertown R esource Center, including Todos Unidos. To assist with transition and to provide a benefit to the community, the City offered temporary space at the Nick Rodriguez Community C enter, at no cost, for one year, subject to City Council a pproval. Todos Unidos has indicated that its interest in accepting this offer. Therefore, staff seeks approval of a short -term lease agreement between the City and Todos Unidos.

ATTACHMENTS

Antioch City Council Report
September 27, 2022 Agenda Item #H 2
A. Resolution
B. Short Term Lease Agreement

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A SHORT-TERM LEASE AGREEMENT WITH TODOS UNIDOS FOR

TEMPORARY SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

WHEREAS, Todos Unidos, a non-profit organization, has been utilizing space at the Rivertown Resource Center located at 301 W. 10th Street Antioch; WHEREAS, the City of An tioch (“City”) now intends to use the property as the future site of the Cit y’s newly es tablished Public Safety and Community Resources Department;
WHEREAS, to assist with the transition and to provide a benefit to the community, the City seeks to offer Todos Unidos a short -term lease agreement for temporary space at the Nick Rodriguez Community Center , at no c ost for a period of one year, subject to City Council approval; and
WHEREAS, Todos Unidos has indicated interest in accepting this offer.

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

1. Approves a short-term lease agreement between the City and Todos Unidos (“Agreement”) in substantially the form of Attac hment B, for the use of temporary space at the Nick Rodriguez Community Center; and

2. Authorizes the City Manager to execute the Agreement, subject to approval of form by the City Attorney.

* * * * * * * * *

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

82595.00009\40098757.2
1 CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
[FOR WORKSTATION IN ROOM 123]
THIS SHORT TERM LEASE AGREEMENT (the “ Lease”) is made and entered into by and between the City of Antioch (“ Landlord”) and TODOS UNIDOS (“ Tenant”), for and in consideration of the premises and mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, under the following terms and conditions:

Attachment B

82595.00009\40098757.2

2 Rent. No rent shall be due and payable by Tenant in connection with this Lease during the term.

82595.00009\40098757.2

Tenant shall not use or allow the Workstation to be used for any improper, immoral, or objectionable purposes, to be determined Landlord’s sole and absolute judgment. Tenant shall be

82595.00009\40098757.2

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Workstation.

82595.00009\40098757.2

7 inform Landlord in writing of such necessity. Landlord shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs.

82595.00009\40098757.2

8 including local sign ordinances and Historic Preservation laws. Unapproved signs, banners, flags, etc., shall be removed by Tenant upon Landlord’s request.

Condemnation. If the Workstation or the Property is taken by condemnation, the Lease shall terminate on the date of the acquisition.

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

Reservations. Landlord reserves the right, without the consent of Tenant, to grant such easements, licenses, rights or dedications that Landlord deems necessary.

No Personal Liability. No member, officer, official or employee of the Landlord shall be personally liable in the event of any default or breach by the Landlord.

Waiver. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

82595.00009\40098757.2

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

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

[Signatures on following page]

82595.00009\40098757.2

10 SIGNATURE PAGE TO

CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

Date:__________________________

TENANT

By:

Angel G. Luevanos,
Executive Director, Todos Unidos

Date:__________________________

LANDLORD

CITY OF ANTIOCH

By:

Cornelius Johnson, Interim City Manager

ATTEST:

By:_____________________________
Elizabeth Householder, City Clerk

APPROVED AS TO FORM:

By: ____________________________
Thomas Lloyd Smith, City Attorney

82595.00009\40098757.2

Exhibit A

EXHIBIT A

DEPICTION OF WORKSTATION
AND REMAINDER OF ROOM 123 AND ROOM 124

[attached behind this page]

Workstation Area
(Rm 123 & 124)
Bookable Conference Room
(Rm 121)
Restrooms
(Rm 117 & 118)
Main Facility Entrance
Exhibit A: Facility Diagram

82595.00009\40098757.2

Exhibit B

EXHIBIT B

RULES AND REGULATIONS

1. Use shall be limited to Mondays-Fridays from 8am-10pm. No use will be allowed on Saturdays, Sundays, or City Holidays.

3. Tenant may only use the restrooms located to the south of the Multi-Purpose room (rooms 117 and 118 on the building plans). Entry into the Senior Center area is not allowed at any time.

5. Use of the Property is limited to the areas described in the Lease agreement. No other use of space on the Property is allowed.

6. Tenant may use the parking lot to the west of the building. No spaces are reserved or assigned.

7. The Rules and Regulations apply to Tenant and any Tenant Parties.

I
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 27, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director

SUBJECT: Short Term Lease Agreement with Prison From the Inside Out for Temporary Office Space at the Nick Rodriguez Community Center

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

1. Approving a short-term lease agreement between the City of Antioch and Prison From the Inside Out for d esignated space at the Nick Rodriguez Center (Attachment B); and

2. Authorizing the City Manager to execute the Agreement.

FISCAL IMPACT
There will be a negligible impact to the City Budget related to the purchase of k eys and locks and an anticipated incr ease in util ity costs resulting from an increased use of electricity.

DISCUSSION
Prison From the Inside Out , a non -profit organization, has occupied the Rivertown Resource Center at 301 W. 10 th Street, a property owned by the City of Anti och. The City now intends to use the 10th Street location as t he future site of the newly established City of Antioch Public Safety and Community Resources Department.

The City notified existing tenants of 301 W. 10th Street of its future plans and has issued a N otice to Vacate to all o rganizations at the Rivertown R esource Center, including Prison From the Inside Out . To assist with transition and to provide a benefit to the community, the City offered temporary space at the Nick Rodriguez Community C enter, at no cost, for one ye ar, subject to City Council approval . Prison From the Inside Out has indicated that its interest in accepting this offer. Therefore, staff seeks approval of a short-term lease agreement between the City and Prison From the Inside Out.

ATTACHMENTS
Antioch City Council Report
September 27, 2022 Agenda Item #I 2

A. Resolution
B. Short Term Lease Agreement

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A SHORT-TERM LEASE AGREEMENT WITH PRISON FROM THE

INSIDE OUT FOR TEMPORARY SPACE AT THE NICK RODRIGUEZ COMMUNITY

CENTER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

WHEREAS, Prison From the Inside Out , a non-profit organization, has been utilizing space at the Rivertown Resource Center located at 301 W. 10th Street Antioch; WHEREAS, the City of An tioch (“City”) now intends to use the property as the future site of the Cit y’s newly es tablished Public Safety and Community Resources Department;
WHEREAS, to assist with the transition and to provide a benefit to the community, the City seeks to offer Prison From the Inside Out a short -term lease agreement for temporary space at the Nick Rodriguez Community Center, at no cost for a period of one year, subject to City Council approval; and WHEREAS, Prison From the Inside Out has indicated interest in accepting this offer.

NOW, THEREFORE, BE IT RESOLVED that the Ci ty Council of the Cit y of Antioch hereby:

1. Approves a short-term lease agreement between the City and Prison From the Inside Out (“Agreement”) in substantially the form of Attachment B, for the use of temporary space at the Nick Rodriguez Community Center; and

2. Authorizes the City Manager to execute the Agreement, subject to approval of form by the City Attorney.

* * * * * * * * *

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

82595.00009\40098757.2
1 CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
[FOR WORKSTATION IN ROOM 124]
THIS SHORT TERM LEASE AGREEMENT (the “ Lease”) is made and entered into by and between the City of Antioch (“Landlord”) and PRISON FROM THE INSIDE OUT (“Tenant”), for and in consideration of the premises and mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, under the following terms and conditions:

Description of the Leased Workstation. The Property includes that area commonly referred to as Room 124, which consists of approximately 240 square feet (“Room 124”). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord approximately fifty percent of Room 124, consisting of approximately 120 square feet (the “Workstation”), as shown on Exhibit A.

Attachment B

82595.00009\40098757.2

2 Rent. No rent shall be due and payable by Tenant in connection with this Lease during the term.

Use. The Workstation shall only be used by and available to Tenant from 8:00 a.m. through 10:00 p.m. on weekdays, excluding holidays. The Workstation shall be used only for Tenant’s nonprofit clerical or business operations or for storage space related to Tenant’s nonprofit operations, and not for events, and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Workstation for purposes other than those specified without first obtaining the written consent of Landlord.
a. Unsecured Space. Tenant recognizes and acknowledges that the Workstation is not separated by walls or secured doors from the remainder of Room 124. Room 124 does not have secured doors. In addition, the Workstation is adjacent to that portion of the Property commonly referred to as Room 123, comprised of 360 square feet and separated from Room 124 by an unsecured, accordion wall. Tenant shall be solely responsible for security and storage of any personal property of Tenant within the Workstation, and for providing any furniture, equipment or secured storage containers required by Tenant for use of the Workstation. b. Adjacent Tenants; Coordination; Rules and Regulations. Tenant agrees to coordinate its activities and use of the Workstation with those of the adjacent tenant in Room 123, and the tenants in Room 124, as identified in Exhibit “A”, and with Landlord and other uses of the Property. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management of the Workstation or Property (“Rules and Regulations”), including rules and regulations related to access to and any security codes or keys to access the Property or Workstation. Landlord’s initial Rules and Regulations are attached to this Lease as Exhibit “B” and incorporated herein by reference. Landlord shall notify Tenant of all additions or changes to such Rules and Regulations, and shall provide a written copy of any new or modified Rules and Regulations to Tenant. The violations of any such Rules and Regulations shall be deemed a material breach of this Lease by Tenant. Landlord will try to

82595.00009\40098757.2

3 enforce the Rules and Regulations, to the extent applicable to other tenants or users of the Property, but will not be liable to Tenant for the violation or non-performance of the Rules and Regulations by any other tenant or user of the Property.
c. Use of Property by Public; Emergency Use. Tenant recognizes that the Property is used and accessed by the public as a community center. The Multi-Purpose-Room adjacent to Room 124 is used for a variety of activities that often involve singing, dancing, music, or other noise. Tenant acknowledges that these activities will continue to occur for the duration of the Lease. The Multi-Purpose Room is subject to use by PG&E as a Community Resource Center (CRC) during emergency events. The Workstation may be unavailable for Tenant’s use while the CRC is activated. Landlord will provide advance notice, if possible, in such an event. None of the foregoing shall be a violation of this Lease by Landlord. d. Conference Room. The Property contains a conference room, available only upon prior request and subject to availability. All use of the conference room must be booked in advance with the Parks and Recreation department of the City of Antioch, as further detailed in the attached Exhibit “B”.
e. Parking Areas; Access to Workstation. Subject to the attached Rules and Regulations, Tenant shall have the non-exclusive right to use the parking area (first-come first- served basis) and driveways, sidewalks, common area pathways and hallways to and from the parking area and Workstation (the route for which Landlord may designate from time to time), and the restroom identified in Exhibit “B” in common with the other tenants and users of the Property, as well as with Landlord’s use of same. Tenant shall not have the right to use any other portions of the Property.

Tenant shall not use or allow the Workstation to be used for any improper, immoral, or objectionable purposes, to be determined Landlord’s sole and absolute judgment. Tenant shall be

82595.00009\40098757.2

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Workstation.

82595.00009\40098757.2

7 inform Landlord in writing of such necessity. Landlord shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs.

82595.00009\40098757.2

8 including local sign ordinances and Historic Preservation laws. Unapproved signs, banners, flags, etc., shall be removed by Tenant upon Landlord’s request.

Condemnation. If the Workstation or the Property is taken by condemnation, the Lease shall terminate on the date of the acquisition.

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

Reservations. Landlord reserves the right, without the consent of Tenant, to grant such easements, licenses, rights or dedications that Landlord deems necessary.

No Personal Liability. No member, officer, official or employee of the Landlord shall be personally liable in the event of any default or breach by the Landlord.

Waiver. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

82595.00009\40098757.2

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

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

[Signatures on following page]

82595.00009\40098757.2

10 SIGNATURE PAGE TO

CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

Date:__________________________

TENANT

By:

Porshe Taylor,
Executive Director
Prison From the Inside Out

Date:__________________________

LANDLORD

CITY OF ANTIOCH

By:

Cornelius Johnson, Interim City Manager

ATTEST:

By:_____________________________
Elizabeth Householder, City Clerk

APPROVED AS TO FORM:

By: ____________________________
Thomas Lloyd Smith, City Attorney

82595.00009\40098757.2

Exhibit A

EXHIBIT A

DEPICTION OF WORKSTATION
AND REMAINDER OF ROOM 123 AND ROOM 124

[attached behind this page]

Workstation Area
(Rm 123 & 124)
Bookable Conference Room
(Rm 121)
Restrooms
(Rm 117 & 118)
Main Facility Entrance
Exhibit A: Facility Diagram

82595.00009\40098757.2

Exhibit B

EXHIBIT B

RULES AND REGULATIONS

1. Use shall be limited to Mondays-Fridays from 8am-10pm. No use will be allowed on Saturdays, Sundays, or City Holidays.

3. Tenant may only use the restrooms located to the south of the Multi-Purpose room (rooms 117 and 118 on the building plans). Entry into the Senior Center area is not allowed at any time.

5. Use of the Property is limited to the areas described in the Lease agreement. No other use of space on the Property is allowed.

6. Tenant may use the parking lot to the west of the building. No spaces are reserved or assigned.

7. The Rules and Regulations apply to Tenant and any Tenant Parties.

J
Agenda Item #
S

TAFF REPORT TO THE CITY COUNCIL
DAT
E: Regular Meeting of September 27, 2022
T
O: Honorable Mayor and Members of the City Council
S
UBMITTED BY: Brad Helfenberger, Parks and Recreation Director SUBJ
ECT: Sh ort Term Lease Agreement with Mission Possible for Temporary Office Space at the Nick Rodriguez Community Center

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

1. Appr
oving a short-term lease agreement between the City of Antioch and Mission Possible for designated space at the Nick Rodriguez Center (Attachment B); and

2. A
uthorizing the City Manager to execute the Agreement.

FISCAL I
MPACT
There will be a negligible impact to the City Budget related to the purchase of k eys and locks and an anticipated incr ease in utility costs resulting from an increased use of electricity.

SCUSSION
Mission Possible , a non- profit organization, has occupied the Rivertown Resource Center at 301 W. 10 th Street, a property owned by the City of Antioch. The C ity now intends to use the 10th Street location as the future site of the newly established City of Antioch Public Safety and Community Resources Department.

Th
e City notified existing tenants of 301 W. 10th Street of its future plans and has issued a N otice to Vacate to al l organizations at the Rivertown R esource Center , including Mission Possible. To assist with transition and to provide a benefit to the community, the City offered temporary space at the Nick Rodriguez Community Cen ter, at no cost, for one ye ar, s ubject t o City Council a pproval. Mission Possible has indicated that i ts interest in accept ing this offer. Therefore, staff seeks approval of a short -term lease agreement between the City and Mission Possible.

TACHMENTS
Antioch City Council Report
September 27, 2022 Agenda Item #J 2
A. Resolution
B. Short Term Lease Agreement

ATTACHMENT A
RESOLUTION NO. 2022/**
RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A SHORT-TERM LEASE AGREEMENT WITH MISSION POSSIBLE

FOR TEMPORARY SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WH
EREAS, Mission Possible , a non-profit organization, has been utilizing space at the Rivertown Resource Center located at 301 W. 10th Street Antioch; WHEREAS, the City of An tioch (“City”) now intends to use the property as the future site of the Cit y’s n ewly es tablished Public Safety and Community Resources Department;
WHEREAS, to assist with the transition and to provide a benefit to the community, the City seeks to offer Mission Possible a short-term lease agreement for temporary space at the Nick Rodriguez Community Center , at no c ost for a period of one year, subject to City Council approval; and
WHEREAS, Mission Possible has indicated interest in accepting this offer.

NOW, THEREFORE, BE IT RESOLVED that the Ci ty Council of the Cit y of Antioch hereby:

1. A
pproves a sh ort-term lease agreement between the City and Mission Possible (“Agreement”) in substantially the form of Attac hment B, for the use of temporary space at the Nick Rodriguez Community Center; and

2. Authorizes the City Manager to execute the Agreement, subject to approval of form 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 27th day of September, 2022 by the following vote:

AYES
:

N
OES:

ABS
TAIN:

ABS
ENT:
___
________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

82595.00009\40098757.2
1 CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER
[FOR WORKSTATION IN ROOM 124]
THIS SHORT TERM LEASE AGREEMENT (the “ Lease”) is made and entered into by and between the City of Antioch (“ Landlord”) and MISSION POSSIBLE (“ Tenant”), for and in consideration of the premises and mutual covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, under the following terms and conditions:

Attachment B

82595.00009\40098757.2

2 Rent. No rent shall be due and payable by Tenant in connection with this Lease during the term.

Use. The Workstation shall only be used by and available to Tenant from 8:00 a.m. through 10:00 p.m. on weekdays, excluding holidays. The Workstation shall be used only for Tenant’s nonprofit clerical or business operations or for storage space related to Tenant’s nonprofit operations, and not for events, and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Workstation for purposes other than those specified without first obtaining the written consent of Landlord.
a. Unsecured Space. Tenant recognizes and acknowledges that the Workstation is not separated by walls or secured doors from the remainder of Room 124. Room 124 does not have secured doors. In addition, the Workstation is adjacent to that portion of the Property commonly referred to as Room 123, comprised of 360 square feet and separated from Room 124 by an unsecured, accordion wall. Tenant shall be solely responsible for security and storage of any personal property of Tenant within the Workstation, and for providing any furniture, equipment or secured storage containers required by Tenant for use of the Workstation. b. Adjacent Tenants; Coordination; Rules and Regulations. Tenant agrees to coordinate its activities and use of the Workstation with those of the adjacent tenant in Room 123, and the tenants in Room 124, as identified in Exhibit “A”, and with Landlord and other uses of the Property. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management of the Workstation or Property (“Rules and Regulations”), including rules and regulations related to access to and any security codes or keys to access the Property or Workstation. Landlord’s initial Rules and Regulations are attached to this Lease as Exhibit “B” and incorporated herein by reference. Landlord shall notify Tenant of all additions or changes to such Rules and Regulations, and shall provide a written copy of any new or modified Rules and Regulations to Tenant. The violations of any such Rules and Regulations shall be deemed a material breach of this Lease by Tenant. Landlord will try to

82595.00009\40098757.2

3 enforce the Rules and Regulations, to the extent applicable to other tenants or users of the Property, but will not be liable to Tenant for the violation or non-performance of the Rules and Regulations by any other tenant or user of the Property.
c. Use of Property by Public; Emergency Use. Tenant recognizes that the Property is used and accessed by the public as a community center. The Multi-Purpose-Room adjacent to Room 124 is used for a variety of activities that often involve singing, dancing, music, or other noise. Tenant acknowledges that these activities will continue to occur for the duration of the Lease. The Multi-Purpose Room is subject to use by PG&E as a Community Resource Center (CRC) during emergency events. The Workstation may be unavailable for Tenant’s use while the CRC is activated. Landlord will provide advance notice, if possible, in such an event. None of the foregoing shall be a violation of this Lease by Landlord. d. Conference Room. The Property contains a conference room, available only upon prior request and subject to availability. All use of the conference room must be booked in advance with the Parks and Recreation department of the City of Antioch, as further detailed in the attached Exhibit “B”.
e. Parking Areas; Access to Workstation. Subject to the attached Rules and Regulations, Tenant shall have the non-exclusive right to use the parking area (first-come first- served basis) and driveways, sidewalks, common area pathways and hallways to and from the parking area and Workstation (the route for which Landlord may designate from time to time), and the restroom identified in Exhibit “B” in common with the other tenants and users of the Property, as well as with Landlord’s use of same. Tenant shall not have the right to use any other portions of the Property.

Tenant shall not use or allow the Workstation to be used for any improper, immoral, or objectionable purposes, to be determined Landlord’s sole and absolute judgment. Tenant shall be

82595.00009\40098757.2

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Workstation.

82595.00009\40098757.2

7 inform Landlord in writing of such necessity. Landlord shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs.

82595.00009\40098757.2

8 including local sign ordinances and Historic Preservation laws. Unapproved signs, banners, flags, etc., shall be removed by Tenant upon Landlord’s request.

Condemnation. If the Workstation or the Property is taken by condemnation, the Lease shall terminate on the date of the acquisition.

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

Reservations. Landlord reserves the right, without the consent of Tenant, to grant such easements, licenses, rights or dedications that Landlord deems necessary.

No Personal Liability. No member, officer, official or employee of the Landlord shall be personally liable in the event of any default or breach by the Landlord.

Waiver. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

82595.00009\40098757.2

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

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

[Signatures on following page]

82595.00009\40098757.2

10 SIGNATURE PAGE TO

CITY OF ANTIOCH

SHORT TERM LEASE AGREEMENT
(NON STANDARD)

FOR SPACE AT THE NICK RODRIGUEZ COMMUNITY CENTER

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

Date:__________________________

TENANT

By:

Elvania Windham-Harbison,
Executive Director, Mission Possible

Date:__________________________

LANDLORD

CITY OF ANTIOCH

By:

Cornelius Johnson, Interim City Manager

ATTEST:

By:_____________________________
Elizabeth Householder, City Clerk

APPROVED AS TO FORM:

By: ____________________________
Thomas Lloyd Smith, City Attorney

82595.00009\40098757.2

Exhibit A

EXHIBIT A

DEPICTION OF WORKSTATION
AND REMAINDER OF ROOM 123 AND ROOM 124

[attached behind this page]

Workstation Area
(Rm 123 & 124)
Bookable Conference Room
(Rm 121)
Restrooms
(Rm 117 & 118)
Main Facility Entrance
Exhibit A: Facility Diagram

82595.00009\40098757.2

Exhibit B

EXHIBIT B

RULES AND REGULATIONS

1. Use shall be limited to Mondays-Fridays from 8am-10pm. No use will be allowed on Saturdays, Sundays, or City Holidays.

3. Tenant may only use the restrooms located to the south of the Multi-Purpose room (rooms 117 and 118 on the building plans). Entry into the Senior Center area is not allowed at any time.

5. Use of the Property is limited to the areas described in the Lease agreement. No other use of space on the Property is allowed.

6. Tenant may use the parking lot to the west of the building. No spaces are reserved or assigned.

7. The Rules and Regulations apply to Tenant and any Tenant Parties.

K
Agenda Item #
S

TAFF REPORT TO THE CITY COUNCIL
DAT
E: Regular Meeting of September 27, 2022
T
O: Honorable Mayor and Members of the City Council
S
UBMITTED BY: Kwame P. Reed, Economic Development Director A
PPROVED BY: Cornelius H. Johnson, Interim City Manager CHJ SUBJ
ECT: Authorization for the City Manager to Purchase Advertising with Northwest Media Partners for the Faces of Opportunity Campaign for an Amount Not To Exceed $60,000 for Fiscal Year 2022/23

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing the City Manager to purchas e advertising with Northwest Media Partners for the Faces of Opportunity campaign for an amount not to exceed $60,000 for fiscal year 2022/23.

FIS

CAL IMPACT
The Economic Development Department ’s City Council approved budget for fiscal year 2022/23 includes funding for the city-wide marketing campaign.

ISCUSSION
On December 14, 2021, the City Council approved the marketing campaign called the “Faces of Opportunity”. The campaign f ocuses on real people that make Antioch a city of opportunity. T he marketing team has selected a number of individuals who have compelling and inspirational stories to share.

T
he City Council previously authorized staff to execute media purchases not exceeding $185,000. However , the process of conducting the interviews, scheduling of the photography shoots, and creating the creative content extended beyond June 30, 2022.

Consequently, the funds authorized for media purchases were not expended.

C
ity purchasing policies require City Council authorization for payment of funds to any single vendor that exceeds $50,000. Northwest Media Partners was selected by the City’s media purchasing vendor, Orange22. Staff is requesting authorization to purchase media from Northwest Media Partners for an amount not to exceed $60,000 AT

TACHMENTS
A. Resolution

RESOLUTION NO. 2022/XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING

THE CITY MANAGER TO PURCHASE ADVERTISING WITH NORTHWEST MEDIA

PARTNERS FOR THE FACES OF OPPORTUNITY CAMPAIGN FOR AN AMOUNT NOT TO EXCEED $60,000 FOR FISCAL YEAR 2022/23

WHEREAS, the City Council authorized the development of the “Opportunity Lives Here” branding concept at their September 11, 2018, City Council meeting;

WHEREAS, on December 14, 2021, t he City Council adopted Resolution 2021- 188 approving the next phase of the city -wide marketing campaign called the “Faces of Opportunity”;

WHEREAS, Resolution 2021-188 also acknowledged the utilization of marketing funds in an amount not to exceed $185,000 for the following m ix of media: Out of Home Digital (digital bill board plus mobile billboard), Local Pride Media (Newspapers, local & regional outlets, and local billboard), Digital Smart Targeting (Display banners, videos, retargeting, mobile, connected TV), LinkedIn with Account Based Marketing (targets specific companies and decision makers), and Other Industry Targeted Media Purchases; and

WHEREAS, Northwest Media Partners will provide a wide selection of media purchase options for the Faces of Opportunity campaign for an estimated charge of $60,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes the City Manager to purchase advertising with Northwest Media Partners for the Faces of Opportunity campaign for an amount not to exceed $60,000 for fiscal year 2022/23.

* * * * * * * * * * * * *

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 27th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

NOES:

_____________________________________

ELIZABETH HOUSEHOLDER,

CITY CLERK OF THE CITY OF ANTIOCH

5 Agenda Item #
S

TAFF REPORT TO THE CITY COUNCIL
DAT
E: Regular Meeting of September 27, 2022
T
O: Honorable Mayor and Members of the City Council
S
UBMITTED BY:

SUBJECT:

Thomas Lloyd Smith, City Attorney TLS
Rent Stabilization Ordinance – First Reading
RECOMMENDED ACTION:

It is recommended that the City Council introduce the Rent Stabilization Ordinance (Attachment A) by title only and waive further reading.

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.

The City Attorney’s Office projects that the staff commitment necessary to implement the functions associated with this ordinance and related housing issues will be one full- time Deputy City A ttorney. The estimated cost of salary and benefits for this position is $294,714. Administrative assistance may also be necessary depending on the volume of tenant and landlord petitions and hearings . Staff will prepare a budget request f or 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.

On August 23, 2022, a Rent Stabilization Ordinance was introduced by the City Council.

At the September 13, 2022 City Council meeting, the City Council did not adopt the ordinance. I nstead, Council provided direction to modify the ordinance to include retroactivity to August 23, 2022, include housing services as a part of rent , and to reintroduce the ordinance at the next City Council meeting.

Antioch City Council Report
September 27, 2022 Agenda Item #5 2
The Rent Stabilization Ordinance (Attachment A) incorporates those changes and is based on the City’s power to protect public health, safety, and welfare within the City .

The definition of housing services is included in section 11-1.03(A)(1) and 11-1.03(A)(3).

The retroactive application of rent is addressed in section 11- 1.04(B)-(D). The City Attorney’s Office has received questions as to whether the ordinance contains a provision for attorneys’ fees. Section 11-1.11(D) contains an attorneys’ fees provision enabling the prevailing party in any civil action brought pursuant to this sec tion to recover reasonable attorneys’ fees and costs.

Overview of Rent Stabilization Ordinance
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 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.

Antioch City Council Report
September 27, 2022 Agenda Item #5 3
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 than 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 Ci ty 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.

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

Antioch City Council Report
September 27, 2022 Agenda Item #5 4

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 uni t 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.

At the July 26, 2022 Study Session, the City Council provided direction to staff to exclude owner-occupied duplexes and Low -Income Tax Credit Program -funded developments from the exemptions to the Rent Stabilization Ordinance. This direction was implemented by using the narrower exemption of “A unit owned, operated, or managed by a governmental unit, agency, or authority, or that is specifically exempted from municipal Rent regulation by state or federal law or regulation” instead of a broader exemption used by some cities that includes all “affordable housing” subject to deed- restriction or agreement with a government agency, which would include Low -Income Tax Credit Program-funded 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 H earing Officer for hearings concerning tenant and landlord petitions.

Antioch City Council Report
September 27, 2022 Agenda Item #5 5
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.

The factors the Hearing Officer may consider in deciding a Rent Reduction Petition shall be matters related to the amount of rent that the l andlord could lawfully charge and the amount of rent that the l andlord has actually demanded, accepted, or retained from the tenant.

A Rent Reduction Petition shall be decided by the Hearing Officer within sixty (60) calendar days of the date that the application has been deemed complete, including submission of proof of service of the Rent Reduction Petition on the applicable Landlord(s), provided that an extension of this time may be agreed upon by the parties.

The decision shall be sent by mail and shall be emailed with proof of mailing to the applicable tenant(s), the designated representative of the tenant(s), the subject Landlord, and the Landlord’s designated representative(s) for the Rent Reduction Petition, if any.

The decision of the Hearing Officer shall be final and not appealable.

Landlord Fair Return Petition
A Landlord may petition for a Rent increase in excess of that provided in the Rent Stabilization Ordinance (§ 11-1.03) in order to obtain a fair and reasonable return on the Landlord’s property (“Fair Return Petition”).

Antioch City Council Report
September 27, 2022 Agenda Item #5 6
The Fair Return Petition will be provided on an application form prescribed by the City Manager or designee and shall be decided by a Hearing Officer subject to § 1- 6.01 (Antioch Municipal Code) designated by the City Attorney.

The Landlord will be required to provide a copy of any Fair Return Petition submitted to the City to the appl icable 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 lan dlord, 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.

A Fair Return Petition shall be decided by the Hearing Officer within ninety (90) calendar days of the date that the application has been deemed complete, including submission of proof of service of the Fair Return Petition on the applicable tenant(s), unless the Landlord has failed to pay all applicable fees or an extension of this time is agreed upon by the parties. The decision shall be sent by mail and shall be emailed with proof of mailing to the subject landlord, the landlord’s designated representative(s) for the Fair Return Petition, the applicable tenant(s), and the designated representative of the tenant(s), if any. The decision of the Hearing Officer shall be final and not appealable.

Additional Enforcement Remedies
The Rent Stabilization Ordinance also allows tenants to bring an action to recover damages, which could include actual damages (the cost of the harm suffered) or two types of statutory damages: three times the difference between the amount of rent actually charged and the amount authorized to be charged or $1,000, whichever is greater. Persons or entities that may “fairly and adequately represent a protected class” may also bring a civil action for injunction under the Rent Stabilization Ordinance.

Antioch City Council Report
September 27, 2022 Agenda Item #5 7
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. A n 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 States (Government Code section 37100). Following adoption, the entire ordinance must be published in a newspaper of general circulation.

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 have disabilities, chronic health conditions, and/or reduced mobility. Approximately 44% of seniors making less than 30 percent of AMI are spending the majority of their income on housing, while 91% of seniors making more than 100% of AMI spend less than 30% of their income on housing and thus are not considered c ost 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.

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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, particular ly 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

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3 stabilization policies protecting residents while ensuring that the Landlords of residential real property may earn a fair and reasonable return on their property.

L. At the City Council meetings on June 14, 2022, June 28, 2022, and July 27, 2022, the City Council discussed and received public comment concerning tenant protections, including policies regulating rent increases on residential properties in the City.

M. Pursuant to the City’s pol ice 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 re gulations 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;

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; and

4. The City Council finds that a rent rollback to August 23, 2022, the date a draft of this ordinance was first introduced by the City Council, and the application of the limitation of one increase per twelve months to increases occurring prior to the effective date of this ordinance are necessary to counteract any rent increases imposed in anticipation of the adoption of rent stabilization in the City and to more fully effectuate the legislative and public purposes of this ordinance.

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, 2022, September 13,

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4 2022, and September 27, 2022 shall be incorporated herein by this reference, and, shall constitute the necessary findings for this ordinance.

Q. The City Council finds, determines, and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of the ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH HEREBY ORDAINS as follows:

Section 1 The recitals and statements of fact set forth in the preamble to this ordinance, above, are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by reference.

Section 2 T
itle 11, entitled “Tenant Protections,” is hereby added to the Antioch Municipal Code.

Section 3 C hapter 1, entitled “Rent Stabilization,” is hereby added to Title 11, Tenant Protections, of the Antioch Municipal Code to read as follows:

CHAPTER 1

RENT STABILIZATION
§ 11-1.01. TITLE; REFERENCE TO CHAPTER.

This Chapter 1 shall be known as the “Rent Stabilization Ordinance”. § 11-1.02. APPLICATION.

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 § 11-1.08 (“Rental Unit”). 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. § 11-1.03. DEFINITIONS.
(A) The following terms shall have the meaning provided below when used in this Rent Stabilization Ordinance, whether plural or singular. (1) “Housing Services” means all amenities and services related to the use or occupancy of a Rental Unit and common areas that are provided by the Landlord. Housing Services includes without limitation hot and cold water, heat, utilities, painting, elevator service, refuse removal, janitorial service, maintenance, repairs, replacement, recreational areas (including pools or gyms), laundry facilities, furnishings, storage space, parking (including one or more automobiles), employee services, security services, insurance, the payment of property taxes, and any other benefits or

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5 privileges permitted to the tenant by agreement, whether express or implied, including the right to have a specific number of occupants and the right to one-for-one replacement of roommates, regardless of any prohibition against subletting and/or assignment. Housing Services also includes those basic housing services required by California Civil Code Section 1941.1. Housing Services includes a proportionate part of services provided to common facilities of the building and property in which the Rental Unit is contained.
(2) “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. (3) “Rent” means the sum of all consideration demanded accepted, or retained for the use or occupancy of a Rental Unit or for Housing Services provided, or both. Rent incudes 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. (B) Terms defined in other sections of this Rent Stabilization Ordinance shall have such meaning when used in this Rent Stabilization Ordinance, whether singular or plural. § 11-1.04. LIMIT ON RENTAL RATE INCREASES.
(A) 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 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. A reduction in Housing Services is an increase in Rent. (B) Subdivision (A) of this section shall apply to all Rent increases occurring on or after August 23, 2022.
(1) In the event that a Landlord has increased the Rent by more than the amount permissible under subdivision (A) between August 23, 2022 and the effective date of this Rent Stabilization Ordinance, the applicable Rent on the effective date of this Rent Stabilization Ordinance shall be the Rent as it existed on August 23, 2022 plus the maximum permissible increase authorized under subdivision (A) of this section and applicable State law, if any.

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6 (2) A Landlord has no duty to refund otherwise lawful Rent received prior to the effective date of this Rent Stabilization Ordinance in excess of the amount authorized by this section.
(C) The twelve (12) month period referenced in subdivision (A) of this section shall begin on the date of the last Rent increase regardless of whether the last increase occurred prior to the effective date of the Rent Stabilization Ordinance. (D) The City Council finds that the limited retroactive effect enacted by subdivisions (B) and (C) of this section are necessary to counteract any Rent increases imposed in anticipation of the adoption of rent stabilization in the City of Antioch and to more fully effectuate the legislative and public purposes of this Rent Stabilization Ordinance. § 11-1.05. REASONABLE RATE OF RETURN.

This Rent Stabilization O rdinance allows for an annual adjustment of residential real property Rent of up to the exceed the lesser of three percent (3%) or sixty 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- 1.04. Such an increase is found and determined to provide a just and reasonable return on a Landlord’s property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rent al increases. Notwithstanding the foregoing, any Landlord who contends that the limit on rental increases set forth in § 11- 1.04 will prevent the Landlord from receiving a fair and reasonable return on the property may petition for relief from the limit set forth in § 11-1.04 pursuant to the procedures set forth in § 11-1.07. § 11-1.06. TENANT PETITION FOR RENT REDUCTION.
(A) A tenant may petition for a reduction of rent (“ Rent Reduction Petition ”) if the tenant believes that the Landlord has demanded, accepted, or retained from the tenant any Rent in excess of the Rent permitted by this 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 Attorney 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 Re nt 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

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7 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 failure to comply with the City’s Rent Stabilization Ordinance and regulations. For example, the 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. The Hearing Officer may also consider a Landlord’s decrease of Housing Services.
(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 designated representative(s) for the Rent Reduction Petition, if any. The decision of the Hearing Officer shall be the final decision. § 11-1.07. LANDLORD PETITION FOR RENT INCREASE.
(A) A Landlord may petition for a Rent increase in excess of that provided in § 11-1.04 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 Attorney 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- 1.04 is necessary to provide the Landlord with a fair and reasonable return on the property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, the Landlord will not realize a fair and reasonable return on the property.
(4) The Landlord shall be responsible for all costs associated with the City’s review of the Fair Return Petition. Upon receipt of a Fa ir 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 O fficer shall also determine the anticipated costs of employing

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8 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.
(B) The factors the Hearing Officer may consider in deciding a Fair Return Petition include, but are not limited to, the following:
(1) Changes in the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-Hayward Area published by the Bureau of Labor Statistics arising after commencement of the tenancy.
(2) The length of time since the 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.
(C) 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

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9 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 d ecision of the Hearing Officer shall be the final decision.
§ 11-1.08. 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:
(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 C alifornia 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, or transitional housing program that assists homeless persons as defined in California Civil Code Section 1954.12.

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10 (6) A unit that the Landlord or the Landlord’s immediate family occupied as their principal place of residence at the beginning of the tenancy so long as the Landlord or the Landlord’s immediate family continues in occupancy. (7) A unit within a dwelling unit, if the dwelling unit is the principal residence of a Landlord, and Landlord shares the bathroom or kitchen facilities with the tenant.
§ 11-1.09. RENT INCREASE INEFFECTIVE; NO WAIVER.
(A) No Rent increase shall be effective if the Landlord:
(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 conc erning 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 within the City, and the 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 incr eased 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 Peti tion to Determine Compliance and to participate in the administrative proceeding. The City Attorney shall promulgate administrative regulations to effectuate this section, in addition to those authorized by § 1-6.01 (Antioch Municipal Code). The decision of the Hearing Officer shall be final and not appealable. § 11-1.10. 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

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11 (2) The tenant has a right to submit a complaint to the City pursuant to § 11-

1.13 or a Rent Reduction Petition pursuant to § 11-1.06 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 § 11-1.06.
(4) The tenant has a right to respond to any Fair Return Petition filed by the Landlord with the City pursuant to § 11-1.07.
(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 § 11-1.13 or a Rent Reduction Petition pursuant to § 11-1.06 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 § 11-1.07; 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. § 11-1.11. VIOLATIONS; REMEDIES.
(A) It shall be unlawful for any person to violate or fail to comply with any provision of this Rent Stabilization Ordinance, including charging increased Rent in violation of this Rent Stabilization Ordinance or a determination by a Hearing Officer. (B) Any person who violates or aids or incites another person to violate the provisions of this Rent Stabilization Ordinance is liable for each and every such offense for 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 may 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

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12 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. The prevailing party in any civil action brought pursuant to this section shall be entitled to recover reasonable attorneys’ fees and costs. A violation of this Rent Stabilization Ordinance may be asserted as an affirmative defense in an unlawful detainer action. (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.
§ 11-1.12. RENT PROGRAM FEE AND REGISTRATION REQUIREMENT.

For the sole purpose of reimbursing the City for the costs of administering this Rent Stabilization Ordinance, there is hereby imposed on each Rental Unit, subject to the provisions of this Rent Stabilization Ordinance, a regulatory fee (“ Rent Program 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. § 11-1.13. 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 pr eparation 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 Cha pter 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:

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13 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.
(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, disqualifica tion and selection of Hearing Officer or Hearing Examiners.

Section 5 The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a “project”, as defined in Section 15378 of the State CEQA Guidelines.

Section 6 I
f any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.

Section 7 T
his 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.

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14 * * * * * * * *
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 —

6 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL AND

HOUSING SUCCESSOR

DATE: Regular Meeting of September 27, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Teri House, CDBG/Housing Consultant

APPROVED BY: Tasha Johnson, Director Public Safety and Community Resources

SUBJECT: Public Hearing to r eview accomplishments for FY 20 21-22 CDBG and Housing Successor Funds Reported in the Consolidated Annual Performance Evaluation Report (CAPER) ; and Review of Priority Needs and Strategies for the 2023-24 CDBG Action Plan

RECOMMENDED ACTION
1) It is recommended that the City Council receive and consider public comment on the FY 20 21-22 CAPER year -end report , detailing achievements of programs funded with CDBG and Housing Successor funds for housing, homeless, and community services to improve the quality of life of lower income Antioch residents and neighborhoods.

2) It is recommended that the City Council receive and consider public comment on the Priority Needs and Strategies for the 2023-24 Action Plan.

FISCAL IMPACT
There is no impact of these actions to the General Fund.

DISCUSSION
1) Consolidated Annual Performance Evaluation Report (CAPER) for FY 2021-22.

The CAPER details the achievements of funded agencies during the second year of the 2020-25 Consolidated Plan. It examines individual agency goals and outcomes and how they contribute to achieving the City’s five -year Consolidated Plan priorities . Funded agencies continued to adapt to effectively deliver services while still impacted by COVID variants and restrictions. Almost all agencies exceeded their goals . Following is a summary of the Priority Goals and Annual Strategies which were funded in FY 2021-22.

HOMELESS GOALS AND STRATEGIES (H-1 AND H-2)

H-1: Permanent Housing for Homeless. Further “Housing First” approach to ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional Antioch City Council Report
September 27, 2022 Agenda Item 6 2
housing, and permanent housing with supportive services to help homeless persons achieve housing stability.

Homeless Outreach, Information and Referral

H-1.1 Health, Housing and Homeless Services Division, Contra Costa Health Services - CORE Homeless Outreach (HS $30,000 allocated and expended).

Program provides outreach services to homeless individuals and families and serves as the entry point into the coordinated entry system for unsheltered persons in the County. Outreach teams provide basic needs supplies, food kits, COVID testing kits, surgical masks, hand sanitizer, Narcan, counseling, benefits assistance, linkages to healthcare, shelter placement and referrals and transportation to CARE Centers.
 Goal 270, Served 780 (292%) Significantly exceeded goal.

H-1.2 Contra Costa Crisis Center/2 -1-1 – Homeless Services (HS $10,000 allocated and expended). Program provides 24/7 mental health crisis intervention services and a 2 -1-1 information and referral service using full -time professional staff & highly trained volunteers and serves as the primary contact and gateway into the homeless coordinated entry system. Antioch funding for homeless-related calls only.
 Goal 1,000 Served 2,495 (250%) Significantly exceeded goal.

Homeless Shelter

H-1.3 Interfaith Council of CCC - Winter Nights Rotating Emergency Family Shelter (HS $1 5,000 allocated and expended). Program provides emergency family shelter for up to 30 people in families with children. Services include shelter, food, transportation, cas e management, housing placement assistance and more.

Shelter operates October – June and moves every two weeks to different faith- based locations. COVID greatly reduced their volunteer involvement as many were older and more vulnerable. There was greater turnover this year and families struggled to find stable housing. Winter Nights alumni program helps assist with deposits, car repairs, rent, etc. to support stability.  Goal 18, Served 21 (117%). Achieved goal.

H-1.4 STAND! For Families Free of Violence - Emergency Shelter (HS $10,000 allocated and expended) . Program provides emergency shelter for women, children and now men who are fleeing domestic violence. C omprehensive supportive services includ e food, clothing, social and legal advocacy, vocational assistance, childcare , housing referrals, and counseling. In 21 -22, STAND! continued to use a hybrid model with both on-site shelter and stays at a confidential motel to increase shelter capacity safely.
 Goal 10, Served 24 (240%). Significantly exceeded goal.

Antioch City Council Report
September 27, 2022 Agenda Item 6 3
H-2: Prevention of Homelessness. Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling.

H-2.1 Bay Area Legal Aid – Homeless Prevention Eviction Services (HS $25,000 allocated and expended. Program provides eviction prevention services to extremely and very low -income Antioch households to help them avoid eviction and homelessness. Services provided include: tenant information and counseling; negotiations with landlords and other advocacy assistance; and legal services including advice, info and referral, and filing of required agency and court papers.  In 21-22, agency provided new Antioch Housing Law Clinics to bring legal assistance to 30 individuals who needed assistance with housing retention, in addition to telephone services.
 Goal 125, Served 183 (146%) Exceeded Goal

H-2.2 Loaves and Fishes, Nourishing Lives – Feeding Homeless and At -Risk Households (CDBG $10,000 allocated, $9,999.95 expended). Program provides hot, nutritious meals Monday through Friday in Antioch dining room, located at 403 West 6th Street. Partnering with other agencies, clients are also offered safety net services such as medical, shelter, and registration for Cal Fresh.  In 21-22, agency continued to provide boxed meals and moved to expanding services with a mobile delivery unit to better serve areas of greatest need, including Antioch.  Goal 350, Served 658 (188%) Significantly exceeded goal.

H-2.3 SHELTER Inc. – Homeless Prevention/Rapid Rehousing ( CDBG-CV1 & 3 $871,974.76 remaining from 20-21, $78,926.01 expended, balance $793,048.75; HS $60,000 allocated, $56,616.15 expended). Program prevents homelessness for households at -risk of homelessness and rapidly re- houses households who were homeless by providing short -term financial assistance for move- in costs or past due rent.
 CDBG-CV Goal 13, Served 13 ( 100%) Met Goal (Program suspended until April 2022 with clients referred to the State program)
 HS Goal 100, Served 228 (228%) Significantly exceeded goal.  HS Goal $80,000 in assistance disbursed to Antioch residents Disbursed $89,593,41 (112%) Met goal.

H-2.4 ECHO Housing – Homeless Prevention Legal Assistance & Defense for Evictions & Foreclosure (CDBG-CV3 $125,000 allocated, $0 expended).  Funds were not needed due to eviction moratorium as HS funding for Tenant/Landlord services was sufficient. Program resumes in FY 22-23.

NON-HOUSING COMMUNITY DEVELOPMENT GOALS & STRATEGIES (CD-1–8) Public Services (CD-1–5)

CD-1: General Public Services. Ensure that opportunities and services are provided to improve the quality of life and independence for lower -income persons, and ensure Antioch City Council Report
September 27, 2022 Agenda Item 6 4
access to programs that promote prevention and early intervention related to a variety of social concerns.

CD-1.1 Canc er Support Community (CDBG $ 9,500 allocated, $9, 499.24 expended). Program ’s new center in Antioch provid es comprehensive care (including psychosocial support, integrative therapies and community navigation) to anyone facing cancer, with funds supporting those facing cancer who are low - income residents of Antioch.
 In 21- 22, services were provided exclusively online until May, when weekly support groups resumed in person, with hybrid approach continuing.  Goal 14, Served 17 (121%) Exceeded goal.

CD-1.2 Opportunity Junction – Technology Center Training (CDBG $9,500 allocated and expended). Program provides low-income workers, job-seekers, and seniors with accessible training in computer applications, English as a Second Language, typing, Spanish, and free access to computers and the Internet Mon- Thurs evenings from 5 pm to 9 pm.
 In 21-22, all services offered on- line only, including free typing tests to help people apply for jobs.
 Goal 150, Served 51 (34%) Did not meet goal due to COVID restrictions, even after moving resources on- line, as clients did not have internet access which this service provides.

CD-2: Non-Homeless Special Needs. Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly and frail elderly, victims of domestic violence, persons with HIV/AIDS, persons with mental, physical and developmental disabilities, abused children, illiterate adults and migrant farm workers.

CD-2.1 Senior/Disabled Adults: Choice in Aging – Bedford Center Adult Day Health Cares (CDBG $9,500 allocated, $6,601.56 expended). Program provides adult day health care for severely disabled adults, primarily frail seniors and those with various types of dementia to support living at home and caregiver respite. In FY 21 -22, agency delivered services remotely including phone calls and zoom meetings, delivering lunch and supplies and care baskets, as well as activity packets.
 In 21-22, services were delivered remotely until later in the year when in-person programming resumed.
 Goal 28, Served 22 (79%) Under goal.

CD-2.2 Victims of Domestic Violence: Contra Costa Family Justice Alliance – Navigation for Victims of Domestic Violence (CDBG $9,500 allocated, $9,499.65 expended). Program provides system /services navigation services to victims of domestic violence, sexual assault, child abuse, elder abuse, and human trafficking.

In 21-22, agency started a Trauma Recovery Center where victims get up to 20 therapy sessions regardless of insurance and access additional housing services.

Antioch City Council Report
September 27, 2022 Agenda Item 6 5
 Goal 250, Served 447 (179%) Significantly exceeded goal.

CD-2.3 Seniors: Contra Costa Senior Legal Services (CDBG $9,500 allocated, $9,499.79 expended.) Program provides vital legal assistance to older residents of the County aged 62 and over in areas such as eviction defense, protection from elder abuse and consumer debt.
 In 21-22, rising eviction filings led to a greater number of housing cases. While Senior Centers were closed, services were provided online and by phone.  Goal 90, Served 110 (122%) Exceeded goal.

CD-2.4 Seniors/Disabled Adults: Lions Center for the Visually Impaired – Independent Living Skills (CDBG $9,500 allocated and expended. Program provides in- home independent living skills instruction and training to visually impaired adults so they will maintain their independence and avoid institutionalization.
 In FY 21 -22 agency continued virtual and in -person services and increased outreach.
 Goal 28, Served 90 (321%) Significantly exceeded goal.

CD-2.5 Seniors/Disabled Adults: Meals on Wheels Diablo Region – Meals on Wheels, (CDBG $$9,500 allocated, $9, 499.94 expended; CDBG -CV1 $20,000 allocated prior year, remaining $2,250.80 expended. Program delivers seven nutritious meals each week to frail, home bound seniors and disabled adults to help them live at home in safety, comfort, and with dignity for as long as they can.

Seniors benefit from daily health and wellness checks from volunteer drivers and ongoing client monitoring through in-home visits by outreach workers.  In FY 21-22, agency significantly expanded services by providing weekly frozen meal delivery and added routes to reduce waiting times.  CDBG Goal 250, Served 353 (141%) Exceeded goal ( Note: additional unduplicated number of seniors served with CDBG-CV funding below)  CDBG-CV Goal 10, Served 11 (111%) Met goal.

CD-2.6 Seniors: Meals on Wheels Diablo Region – Care Management (CDBG $9,500 allocated and expended). Program provides an array of services to help older adults and their families meet long-term care needs. Care managers assist seniors in resolving critical issues affecting their health and wellness to help them live as independently as possible.
 In 21-22, agency expanded Elder Abuse Prevention.
 Goal 150, Served 152 (101%) Met goal.

CD-2.6 Seniors/Disabled Adults: Empowered Aging - Ombudsman Services (CDBG $9,500 allocated, $9 ,487.50 expended). Program provides dependent adults and elderly residing in long- term care facilities with access to safe and secure environments through the advocacy of trained and certified Ombudsman who investigate abuse and ensure compliance of facilities.  Goal 125, Served 125 (100%) Met goal.

Antioch City Council Report
September 27, 2022 Agenda Item 6 6

CD-3: Youth. Increase opportunities for children/youth to be healthy, succeed in school, and prepare for productive adulthood.

CD-3.1 Bay Area Crisis Nursery (CDBG $9,500 allocated and expended).

Program provides short-term residential/shelter services and emergency childcare for children ages birth through five years.
 To respond to COVID, agency established a diaper bank & a Family Resource Navigator to assist families.
 Goal 9, Served 32 (356%) Significantly exceeded goal.

CD-3.2 Court Appointed Special Advocates – CASA Advocacy for Youth at Risk (CDBG $9,500 allocated, $ 9,499.67 expended). Program provides advocacy, mentoring and representation services to abused and neglected children who are wards of the County Juvenile Dependency Court to improve access to social services, health care, therapeutic services and a safe and permanent living situation.
 In FY 21-22 agency trained and has sufficient volunteers to meet referrals from the court.
 Goal 40, Served 55 (138%) Exceeded goal.

CD-4: Fair Housing. Continue to promote fair housing activities and affirmatively further fair housing to eliminate discrimination in housing choice in the City of Antioch.

CD-4.1 ECHO Housing – Fair Housing Services (CDBG Admin $25,000 allocated, and expended). Program investigates complaints of alleged housing discrimination and provides fair housing counseling services, including advice, mediation, testing/audits to uncover discrimination, training to housing providers, and outreach and education to residents and landlords.
 In 21- 22, agency expanded eviction prevention services after moratorium expired.
 Goal 50 (cases only, not outreach), Served 66 (132%) Exceeded goal.

CD-5: Tenant/Landlord Counseling. Support the investigation and resolution of disagreements between tenants and landlords and educate both as to their rights and responsibilities, so as to help prevent people from becoming homeless and to ensure fair housing opportunity.

CD-5.2 ECHO Housing – Tenant/Landlord Counseling Services (CDBG $30,000 allocated, $29,238.83 expended). Program provides landlord/tenant counseling services and legal services to Antioch tenants and landlords on their rights and responsibilities under federal, state and local housing laws.  Goal 175, Served 233 (133%) Exceeded goal.

Antioch City Council Report
September 27, 2022 Agenda Item 6 7
Economic Development (CD-6)

CD-6: Economic Development. Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low - and low -income residents, and increase the viability of neighborhood commercial areas.

CD-6.1 COCOKids – Road to Success for Childcare Businesses (CDBG $20,000 allocated and expended). Program benefits lower income residents by providing microenterprise assistance for those who want to maintain or start stable small businesses as licensed home-based family childcare providers.  In FY 21 -22, agency retained 10 and assisted 14 new Antioch childcare businesses, with 73 potential working on the licensing process in the City to help meet an acute shortage driven by the closing of these businesses during pandemic.
 Goal 20, Served 24 (120%) Met goal.

CD-6.3 Opportunity Junction – Job Training and Placement Program (CDBG $60,000 allocated and expended). Program integrates computer training with life skills, paid experience, case management and psychological counseling, career counseling and job placement, and long-term ongoing support. Participants enter administrative careers that enable them to become self-sufficient.  In 21-22, avg wage was $21.10/39 hrs per week.
 Goal 2, Served 3 (150%) Exceeded goal. NOTE: 14 Antioch residents were trained and placed in total. HUD permits counting only those trained and placed with businesses that have a hiring contract with OpJ, which was 3 persons.

Infrastructure & Public Facilities for Homeless/Emergency (CD-7 & CD-8)

CD-7: Infrastructure and Accessibility: Maintain adequate infrastructure in lower income areas and ensure access for the mobility -impaired by addressing physical access barriers to goods, services, and public facilities in such areas.

CD-7.1 (2000) City - ADA Access to Restrooms (CDBG $ 369,471.96 allocated and expended). Project added improved physical access to restrooms outside of the Council Chambers by reconstructing to bring them up to ADA standards.  Project complete.

CD-7.1 (2001) City - Downtown Roadway Rehabilitation/Ramps (CDBG $476,988 allocated, $18,885,23 expended in 21-22, remainder carried over for next year ).

Project rebuilds roadways in lower income areas north of 10 th Street, while also improving drainage and adding curb cuts for ADA access.  Project received 2022-23 funding and is under contract.

CD-7.2 City - ADA Access to Restrooms (CDBG $ 369,471.96 allocated and expended) Project added improved physical access to restrooms outside of the Council Chambers by reconstructing to bring them up to ADA standards.

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September 27, 2022 Agenda Item 6 8
 Project complete.

CD-8: Public Facilities for Homeless and Emergency Services: Improve public facilities at which agencies deliver services to homeless residents and those that will serve as Cooling Centers, Warming Centers, and Clean Air Centers.

CD-8.1 Contra Costa County -Antioch Library HVAC (CDBG $195,000 allocated, $194,891 expende d, drawn in 21- 22). Project replaces failing HVAC unit in Antioch Public Library in downtown low -income area to better meet the needs of the community in general and also be a reliable cooling center in the Summer and, possibly as a warming center for people experiencing homelessness in the winter.  Achieved.

Administration (CD-9)

CD-9: Administration. Support development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administer federal grant programs in a fiscally prudent manner.

CD-9.1 City, Administration of CDBG Program (CDBG-$145,000 allocated, $105,910.04 expended; CDBG-CV $19,257 allocated & $15,988.75 spent in 2020- 21; $880.00 expended in 21-22, $2,388.25 remainder for following years). Program supports the development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administering federal grant programs in a fiscally prudent manner.

Affordable Housing Goals and Strategies (AH-1 – AH-3)

AH-3: Maintain and Preser ve Affordable Housing. Maintain and preserve the existing affordable housing stock, including single family residences owned and occupied by lower-income households, multi-family units at risk of loss to the market, and housing in deteriorating or deteriorated lower income neighborhoods.

AH-3.1 Bay Area Affordable Homeownership Alliance – Antioch Home Ownership Program (HS $50,000 allocated $19,625 expended). Program helps lower income Antioch renters, employees of Antioch businesses, and others become Antioch homeowners by providing HUD approved homebuyer education (8 hrs.) and counseling, reviewing applications, assistance to identify down payment subsidies, and connection with lenders.
 Program was suspended by Community Developm ent March 2020 t o determine pandemic effects on the housing market; program evaluated in Feb 2022 w/additional funding sources, revised contracts, to restart Sept 2022.

AH-3.2 City of Antioch – AHOP Down Payment Loans/Closing Cost Grants (CDBG Housing Revolving Loan Fund $339,711 allocated, $0 expended).  Program was suspended by Community Development at onset of pandemic, will restart September 2022
Antioch City Council Report
September 27, 2022 Agenda Item 6 9

AH-3.3 Habitat for Humanity – Homeowner Housing Rehabilitation (HS $500,000 allocated, $ 240,605.39 expended). Project helps lower income single- family homeowners to rehabilitate their homes and improve accessibility and livability, especially for elderly and disabled homeowners.
 Goal was 10 grants, 1 loan. Agency made grants to 11 households, and loans to 1 household, with 7 additional projects underway. Program received 32 applications over the year.

AH-4: Reduce household energy costs. Increase housing and energy security to make housing more affordable to lower income households by reducing the consumption of energy.

AH-4.1 Rising Sun Center for Opportunity -Home Energy & Water Assessment/Remediation (CDBG RLF $30,000 allocated, $0 expended). Project helps lower income renters and homeowners save energy, water and money by conducting in- home assessments and providing LED light bulbs, smart power strips, faucet aerators, efficient showerheads, etc.
 Program was heavily modified due to pandemic, eliminating in- person visits and no longer qualified for housing funding.

Public Comment. As of the writing of this report, no public comment has been received on the CAPER from the Public Notice that was published on 9/9/2022 for a 15-day public comment period.

Council is asked to consider all public comments, and the CAPER will be submitted with public comments to HUD at the end of September.

#2 – Review of Priority Needs and Strategies for the 23-24 Action Plan.

The City completed a thorough review of needs of the Antioch population for the development of the 2020-25 Consolidated Plan, which was adopted in May 2020. These priorities emphasized the delivery of services and assistance to the City’s most vulnerable residents.

Priorities include providing shelter and services for individuals and families who are homeless or at risk of becoming homeless, assisting severely disabled adults and seniors who are in care facilities or living at home with caregivers trying to avoid institutionalization, elderly residents who need assistance to prevent abuse and fraud or need help with legal matters, and those who are victims of domestic violence. The Consolidated Plan also prioritizes youth in unstable households and those in foster care who have been abused. It addresses health disparities in the support of cancer treatment and bilingual training and access to technology for lower income and limited English- speaking households. It promotes fair housing access for all residents through testing and training to address instances of housing discrimination and helps prevent evictions and mediate issues between landlords and tenants.

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September 27, 2022 Agenda Item 6 10
The Plan continues to address deteriorated infrastructure and public facilities in the City’s oldest, lowest income, and most diverse neighborhoods, fixing roads and flooding issues and providing curb cuts to increase access for disabled residents. It helps lower income Antioch renters and workers to become homeowners and assists elderly and low-income homeowners with rehabilitation loans and grants to age in place and preserve the family asset and the City’s housing stock. It addresses housing affordabilit y by helping homeowners and renters to reduce their home energy and water bills and expands community resilience to natural hazards. Finally, in subsequent years, it seeks to increase the City’s supply of housing for persons who are exiting homelessness.

Challenges and Changes to Priorities. Since last year, additional factors have emerged and were considered in the review of priority needs. Some of the factors that the Council CDBG Committee addressed in the three-year funding cycle include the following:
• Continued re-emergence of coronavirus variants affecting businesses. Businesses have struggled to obtain and retain workers and attract enough customers to stay afloat, with many closing. The CDBG Committee recommended increased funding in the Economic Development category to support emerging microenterprises for FY 22-23, and Council is also allocating ARPA funding for small business support in FY 22-23.
• I
nsufficient childcare hinders workers from returning. Residents have reported lack of childcare as a significant factor in returning to the workforce, as hundreds of childcare spots were lost during the pandemic. Childcare microenterprise assistance was again funded to help meet the need.
• E
viction moratoriums . Evictions have continued to remain high in Antioch since the State and County eviction moratorium s ended, so the City Council Committee recommended allocating additional funds for Rental Assistance and Tenant/Landlord Counseling and legal advice.
• R ental Assistance. The disbursement of Federal rental assistance through the State has slowed, so staff reinitiated the CDBG -CV funded rental assistance of almost $1 million in spring of 2022, to continue until funds are exhausted.

Because the priorities adopted by the City Council have sufficient flexibility to allow the City to meet present challenges, the Consultant recommends no further changes at this time. As always, additional funding will be sought to augment and expand existing services.

Public Comment. As of the writing of this report, no public comment has been received on priorities for FY 23-24 from the Public Notice that was published on 9/9/2022 for a 15- day public comment period.

Council is asked to consider all public comments on whether the priorities for 2023- 24 Action Plan should be modified and provide guidance to staff on retaining or changing priorities.

Antioch City Council Report
September 27, 2022 Agenda Item# 7 2

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Antioch City Council
September 27, 2022