ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Date: Tuesday, October 11, 2022
Time: 5:45 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
Michael Barbanica, Mayor Pro Tem (District 2) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Lori Ogorchock, Council Member District 3 Cornelius Johnson, Interim City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney
In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone:
(925) 779-6950, and e-mail: [email protected].
SPEAKER RULES
Welcome to a meeting of the Antioch City Council. Your attendance is appreciated. The State Ralph M. Brown Act guarantees the public's right to address the City Council, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour.
The City Council can only take action on items that are listed on the agenda. If you wish to speak about an item not on the agenda, the "Public Comments" section of the agenda is for you. Unagendized comments are provided until no later than 7:30 p.m. when the City Council moves on to agenda items. There is another opportunity for public comments at the end of the meeting.
If you wish to speak, either during "public comments" or during an agenda item, fill out a Speaker Request Form and place in the Speaker Card Tray near the City Clerk. This will enable us to call upon you to speak. Important: Please identify 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 limited to not more 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 not 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 which 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 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 Sessions 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- OCTOBER 11, 2022
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Other materials, such as maps and diagrams, may also be included. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted ont o 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.
5:45 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson and Mayor Pro Tem (District 2) Barbanica (Mayor Thorpe – Absent).
Mayor Pro Tem Barbanica opened and presided over the meeting.
PUBLIC COMMENTS for Closed Session
CLOSED SESSION:
1) 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 Employee Association.
No reportable action
2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to California Government Code section 54956.9(d)(2): Two Cases.
No reportable action
3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY
ATTORNEY. This closed session is authorized pursuant to Government Code section 54957.
No reportable action
5:50 P.M. ADJOURNED TO CLOSED SESSION
ANTIOCH CITY COUNCIL -2- OCTOBER 11, 2022
7:00 P.M. ROLL CALL – REGULAR MEETING – for Council Members – Council Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson and Mayor Pro Tem (District 2) Barbanica (Mayor Thorpe – Absent).
Mayor Pro Tem Barbanica opened and presided over the meeting.
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. INTRODUCTION OF NEW CITY EMPLOYEES
2. PROCLAMATIONS
• In Honor of Bill Ridle, Antioch Veteran of the Year 2020-2021 • In Honor of James Douglas Bean, Antioch Lifetime Veteran of the Year 2020-2021 • In Honor of Gerald “J.R.” Wilson, Jr., Antioch Veteran of the Year 2021-2022 • In Honor of Tom Menasco, Antioch Lifetime Veteran of the Year 2021-2022 • Recognizing Red Ribbon Week, October 23 – 31, 2022
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the proclamations.
3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
• BIG TRUCK DAY – OCTOBER 13, 2022
Antioch Community Center, 4703 Lone Tree Way, Antioch
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
ANTIOCH CITY COUNCIL -3- OCTOBER 11, 2022
5. PRESENTATIONS – Build Antioch 2022 Design Studio, presented by ▪ Earl Hudson, Amethyst Ziemam, and Trish Callo
– Antioch Veterans Memorial Park, presented by
▪ Donald P. Freitas, President, Veterans Blvd Community Projects ▪ Gerald “JR” Wilson, President/CEO Delta Veterans Group (DVG), Commander of VFW Post 6435
▪ Pat Jeremy, MCPO USN Ret., VP. Of DVG Veteran of Foreign Wars, Post 6435
▪ Autrey James, State Commander of the American Legion
Council motioned to direct staff to prepare a staff
report addressing action items proposed, 4/0
9:14 P.M. FIVE MINUTE RECESS
9:23 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.
6. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 23, 2022 Approved, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR AUGUST 26, 2022 Approved, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council approve the Special Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 13, 2022 Continued, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
D. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 27, 2022 Continued, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
ANTIOCH CITY COUNCIL -4- OCTOBER 11, 2022
CONSENT CALENDAR – Continued
E. APPROVAL OF COUNCIL WARRANTS
Approved, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council approve the warrants.
F. SECOND READING – RENT STABILIZATION ORDINANCE ADOPTION (Introduced on September 27, 2022)
9:26 P.M. MAYOR THORPE ATTENDED THE MEETING VIA ZOOM WEBINAR DURING CONSENT ITEM F TO VOTE.
Ord. No. 2219-C-S adopted, 3/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council adopt the proposed Rent Stabilization Ordinance.
9:30 P.M. MAYOR THORPE, ATTENDING VIA ZOOM WEBINAR, LEFT THE MEETING AFTER THE MOTION TO VOTE ON ITEM F.
G. AB 361: RESOLUTION MAKING FINDINGS NECESSARY TO CONDUCT BROWN ACT
MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,
COMMISSIONS, AND COMMITTEES
Motion failed, 2/2 (Torres-Walker, Wilson)
Recommended Action: It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.
H. AUTHORIZATION TO PURCHASE UP TO SEVEN (7) 2023 NEW-TO-FLEET VEHICLES AND UP TO SIXTEEN (16) 2023 REPLACEMENT VEHICLES UTILIZING COOPERATIVE
PURCHASE AGREEMENTS
Reso No. 2022/179 adopted with the following amendments: Authorizing the purchase of up to nine (9) 2023 new-to-fleet vehicles; up to twenty-five (25) 2023 replacement vehicles with a total vehicle count to 34; and utilizing cooperative purchase agreements not to exceed the amount of $2,552,000, 4/0 Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving an amendment to the Fiscal Year 2022/23
Operating Budget to increase the funding from the General Fund for the purchase of one (1) new -tofleet vehicle for the Public Safety and Commu nity Resources Department in an amount of $50,000; and
2) Authorizing the City Manager to execute the purchase of up to seven (7) 2023 new -to-fleet vehicles and up to sixteen (16) 2023 replacement vehicles utilizing cooperative purchase agreements for a not to exceed amount of $1,940,000.
ANTIOCH CITY COUNCIL -5- OCTOBER 11, 2022
CONSENT CALENDAR – Continued
I. APPROVAL OF PURCHASE OF A VAC -CON G2 T350/850 UTILIZING SOURCEWELL COOPERATIVE PURCHASING AGREEMENT 101221 -VAC WITH MUNICIPAL
MAINTENANCE EQUIPMENT
Reso No. 2022/180 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the purchase of one (1) new 2023 Vac -Con G2 T350/850 for an amount not to exceed $525,826.04; and
2) Authorizing the City Manager to execute the Sourcewell Cooperative Purchasing Agreement 101221 -VAC with
Municipal Maintenance Equipment of Sacramento CA.
COUNCIL REGULAR AGENDA
7. PARKS AND RECREATION COMMISSION APPOINTMENTS FOR ONE (1) VACANCY EXPIRING MARCH 2024; AND TWO (2) VACANCIES EXPIRING APRIL 2026 Reso No. 2022/181 adopted appointing
Mariah Williams for the vacancy expiring April 2026, 4/0 (*The remaining appointments to be scheduled at a future meeting) Recommended Action: It is recommended that the City Council a dopt the resolution approving the Mayor’s nomination of the following appointments for membership on the Parks and Recreation Commission:
• *Jacob Pedrotte for a vacancy expiring March 2024
• *Lesley Eubanks for a vacancy expiring April 2026
• Mariah Williams for a vacancy expiring April 2026
8. SHOTSPOTTER TECHNOLOGY PRESENTATION
Received presentation with direction to staff to bring back proposal Recommended Action: It is recommended that the City Council take the following actions:
1) Receive the presentation for review.
2) Discuss and direct staff regarding the potential future use of ShotSpotter technology.
ANTIOCH CITY COUNCIL -6- OCTOBER 11, 2022
COUNCIL REGULAR AGENDA – Continued
9. DISCUSSION OF PROPOSALS TO INCREASE STREET SWEEPING SERVICES
UTILIZING CURRENT SERVICE PROVIDER OR TO BRING STREET SWEEPING
SERVICES IN-HOUSE
Received with direction to staff to bring back and provide comparison of cost and service from current to proposed Recommended Action: It is recommended that the City Council take the following actions:
1) Discuss and provide direction to staff regarding potentially increasing Street Sweeping Services utilizing the City’s existing service provider, Delta Diablo, or bringing services in- house.
2) Provide direction to staff on a funding source for extra street sweeping services.
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.
MAYOR PRO TEM BARBANICA ANNOUNCED THAT THE REGULARLY SCHEDULED COUNCIL MEETING ON ELECTION DAY, NOVEMBER 8, 2022, WILL BE HELD ON TUESDAY, NOVEMBER 15, 2022.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second of the motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn Regular Meeting at 10:55 p.m., 4/0
1 Agenda #
INTRODUCTION OF NEW CITY EMPLOYEES
DATE: Regular Meeting of October 11, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Ana Cortez, Human Resources Director
Public Works Director/City Engineer John Samuelson would like to introduce:
Brandy Brooks, Associate Public Works Technician
Public Safety and Community Resources Director Tasha Johnson would like to introduce:
Monserrat Cabral, Youth Services Network Manager
In Honor of
BILL RIDLE
ANTIOCH VETERAN OF THE YEAR 2020-2021
WHEREAS, Bill Ridle was born in Denver, Colorado in 1948 and after graduating high school in 1966, he enlisted in the United States Marine Corps the very next day;
WHEREAS, Bill served in Vietnam and Alaska with the 3rd batallion, 26th Marine and was awarded two Purple Hearts while fighting in Vietnam and was honorably discharged in 1970;
WHEREAS, Bill married longtime Antioch resident Darlene Horn in 2003 and moved ;
WHEREAS, Bill is active in the local Disabled American Veterans (DAV), is a member of the Antioch VFW Post 6435 and in 2015, volunteered at the Stand Down on the Delta cooking over 3,800 meals for 400 veterans and volunteers over an 8-day period when ;
WHEREAS, Bill took over management of the kitchen in 2017 and has been doing it ever since and in 2019, started the first Veterans Lions Club in our District, ;
WHEREAS, Bill has been a member of Lions Clubs International for 29 years working on projects to serve our local Communities throughout the Bay Area, is a Life Member of Ear of the Lion Foundation, a Progressive Melvin Jones Fellow, and a Helen Keller Fellow;
WHEREAS, Bill has been awarded several District Governor Appreciation Awards - the MD-4 Excellence Award, n
Medals, District Lion of the Year, District Pioneer Lion, and served as District Governor of the Lions of Alameda & Contra Costa Counties (District 4-C3) in 2002-2003, 2020-2021; and
WHEREAS, Bill has spent a lifetime serving not only his country, but also his community and is dedicated to helping Veterans and the community he lives through service.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby salute, commend and honor BILL RIDLE for his dedication, commitment, and positive influence to our community and the Veterans in the City of Antioch.
OCTOBER 11, 2022
__________________________________________
LAMAR A. THORPE, Mayor 2.01
10-11-22
In Honor of
JAMES DOUGLAS BEAN
ANTIOCH LIFETIME VETERAN OF THE YEAR 2020-2021
WHEREAS, James Douglas Bean was born in Arkansas in 1943 and his family moved to Pittsburg, California when he was young and graduated from Pittsburg High School in 1961;
WHEREAS, on March 6, 1965, James married Roseann Dolezal of Salinas, California;
WHEREAS, James was drafted into the U.S. Army on January 12, 1966, obtained the rank of E-5, and served in the HHC 1st, 48th Infantry, 3rd Armored Division located in Gelnhausen, Germany (USAEUR);
WHEREAS, James retired after 30 years from Stanley Works in Pittsburg, and during the past 49 years, James went up through the Officer Chairs in the Post (Sgt-at-Arms, Chaplain, 2nd Vice Commander, 1st Vice Commander) and served as Post Commander 14 times and 9th District Commander;
WHEREAS, James, serves on the post Executive-Board and has been the American ;
WHEREAS, James helped form the Antioch American Legion where he is a lifetime Member and Post Commander, and is a Harding-Noia Post having
led parades in Antioch and participated in the Antioch Memorial Day services at Oak View Memorial Cemetery; and
WHEREAS, James also volunteers and helps feed our local citizens with Loaves and Fishes from the Antioch Veterans Memorial Building.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby salute, commend and honor JAMES DOUGLAS BEAN for his dedication, commitment, and positive influence to our community and the Veterans in the City of Antioch.
OCTOBER 11, 2022
__________________________________________
LAMAR A. THORPE, Mayor 2.02
10-11-22
In Honor of
ANTIOCH VETERAN OF THE YEAR 2021-2022
WHEREAS, was born in Concord, California in 1971 and
attended schools throughout Pittsburg and Antioch;
WHEREAS, as a teenager, J.R. was homeless, living on the streets, at night sleeping under freeway overpasses or in baseball dugouts at Los Medanos College, and at age 19, J.R. decided to change his life and practiced the Military Armed Services Vocational Aptitude Battery until he was ready to test and join the U.S. Military;
WHEREAS, J.R. served honorably in the U.S. Army from 1990-1994 as part of the as a Non-Communication Interceptor/Analyst
and ;
WHEREAS, J.R. attended Advanced Individual Training (AIT) at the U.S. Army Military Intelligence School at Ft. Devens, MA and after AIT, J.R. was stationed at Ft. Bragg, NC in 3rd Special Forces Group as the Headquarters Elint Team Chief from 1991-1993, where he unfortunately injured his knee on an airborne jump which ultimately shortened his career in the U.S. Army;
WHEREAS, in 1997, J.R. joined the Disabled American Veterans (DAV) as a life member and attended the DAV National Service Officer (NSO) Academy in 1998 and served as a NSO in National Service Offices in Virginia, Nevada, and San Diego, CA;
WHEREAS, in 2012, J.R. founded Delta Veterans Group (DVG) in his hometown of Antioch, CA and in 2015, DVG hosted Contra Costa
a 4-day event for homeless Veterans, held at the County Fairgrounds in Antioch, bringing more than 350 Veterans and families for services like medical treatment, dental, housing and educational assistance; and
WHEREAS, J.R. currently serves as DAV National Executive Committee Member for District 16, DAV State Legislative Director, DAV State Executive Committee Chair for District 3, State Commanders Veterans Council Chair, Commander Antioch VFW post 6435, a Life Member of American Legion and Amvets, and a member of the Rotary, Mason's, Lions and Elk's.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby salute, commend and honor for his dedication, commitment, and positive influence to our community and the Veterans in the City of Antioch.
OCTOBER 11, 2022
__________________________________________
LAMAR A. THORPE, Mayor 2.03
10-11-22
In Honor of
TOM MENASCO
ANTIOCH LIFETIME VETERAN OF THE YEAR 2021-2022
WHEREAS, Tom Menasco was born and raised in the City of Antioch, is a 1961 graduate of Antioch High School, and loved playing most sports; but his greatest love was always baseball, playing on teams at Antioch High School and Diablo Valley College (DVC);
WHEREAS, after receiving his A.A. degree from DVC in 1965, he earned his B.S. in Recreation Management from Sacramento State and later in life, he earned his Masters in Recreation Administration from San Francisco State;
WHEREAS, Tom served in the U.S. Army after graduation in 1965, with service in Monterey, California and Germany; and was later awarded the prestigious Joint Services Commendation, Meritorious Special Services Award for Base Recreation Programs in Germany;
WHEREAS, Tom continued public service with the City of Antioch Recreation Department in 1971, as part of a 28-year tenure with the City that impacted so many through community recreation programs;
WHEREAS, Tom founded the Antioch Youth Football Program, the Los Medanos College Booster Club and the local chapter of the Elderly Wish Foundation; serving as a board member of the Antioch Historical Society (16 years), Delta Memorial Hospital Foundation, Antioch Senior Citizens Club, Antioch Kids Club, the Salvation Army, and Community Scholarship Board;
WHEREAS, Tom was named the Jaycee of the Year in 1972, the Citizen of the Y by the Antioch Chamber of Commerce in 2007, and Lifetime Achievement in 2015; and
WHEREAS, in 2005, Tom helped form the Antioch Sports Legends program and in 2019, chaired , and grew the program
from 10 to the current 179 Veterans Memorial Banners displayed throughout Antioch.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby salute, commend and honor TOM MENASCO for his dedication, commitment, and positive influence to our community and the Veterans in the City of Antioch.
OCTOBER 11, 2022
__________________________________________
LAMAR A. THORPE, Mayor 2.04
10-11-22
RECOGNIZING
RED RIBBON WEEK
October 23-31, 2022
WHEREAS, the abuse of alcohol and other drugs in this nation has reached epidemic levels;
WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs;
WHEREAS, the National Family Partnership is sponsoring the National Red Ribbon Campaign® offering citizens the opportunity to demonstrate their commitment to drug-free lifestyles - no use of illegal drugs, no illegal use of legal drugs;
WHEREAS, the National Red Ribbon Campaign® will be celebrated in every rd-31st;
WHEREAS, businesses, government agencies, parents, law enforcement, media, medical instititutions, religious organizations, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying Red Ribbons during this week-long campaign; and
WHEREAS, the City of Antioch further commits its resources to ensure the success of the Red Ribbon Campaign®.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby proclaim October 23-31, 2022, as RED RIBBON WEEK® and encourage the citizens of Antioch to participate in drug prevention education activities, making a visible statement that we are strongly committed to a drug free community.
OCTOBER 11, 2022
__________________________________________
LAMAR A. THORPE, Mayor 2.05
10-11-22
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR TO THE
ANTIOCH DEVELOPMENT AGENCY
Regular Meeting August 23, 2022
7:00 P.M. Council Chambers
5:15 P.M. - CLOSED SESSION
Mayor Thorpe called the meeting to order at 5:15 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
PUBLIC COMMENT None
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: Banks et al. v. City of Antioch et al. (CASE NO. C18-7391 HSG).
2. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS EXISTING LITIGATION Pursuant to California Government Code section 54956.8; Property: 4527 Deerfield Drive, Antioch, CA; Agency Negotiation: City of Antioch Negotiator: Interim City Manager, Cornelius H. Johnson and City Attorney, Thomas Lloyd Smith; Negotiating Parties: City of Antioch and Yellow Roof Foundation; Under Negotiation: Price and terms of payment.
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: California Resources Production v. City of Antioch et al., Contra Costa County Superior Court Case No. N21-2354; Delta Gas Gathering, Inc. and California Energy Exchange Corporation v. City of Antioch et al., Contra Costa County Superior Court Case No. N21-2355; and Enerfin Resources Northwest Limited Partnership v. City of Antioch et al., Contra Costa County Superior Court Case No. N21-2356.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS pursuant to California Government Code section 54956.8; Property: 275 W. Tregallas Road, Antioch, CA; Agency Negotiation: City of Antioch Negotiators: Interim City Manager, Cornelius H.
Johnson and City Attorney, Thomas Lloyd Smith; Negotiating Parties: Richard Hobin, Esq.; Under Negotiation: Price and terms of payment.
5. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION significant exposure to litigation pursuant to California Government Code section 54956.9(b): One Case.
A
10-11-22
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
August 23, 2022 Page 2 of 15
6. CONFERENCE WITH LABOR NEGOTIATORS pursuant to California Government Code section 54957.6; City designated representatives: Ana Cortez, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Public Works Association and Antioch Police Sworn Management Association.
ADJOURN TO CLOSED SESSION
Mayor Thorpe adjourned to Closed Session at 5:18 P.M.
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the meeting to order at 7:01 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
City Clerk Householder and a translator announced in English and Spanish that translation services and transmitters were available for the public.
ON MOTION BY COUNCILMEMBER BARBANICA, SECONDED BY COUNCILMEMBER
TORRES-WALKER, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED PUBLIC HEARING ITEM #4, TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
PUBLIC HEARING
4. RENT STABILIZATION ORDINANCE INTRODUCTION
City Attorney Smith presented the staff report dated August 23, 2022, recommending the City Council: 1) Set a limit on rental rate increases as the greater of ____ percent (___%) or ____ percent (___%) of the Consumer Price Index for All Urban Consumers in the San Francisco- Oakland-Hayward Area published by the Bureau of Labor Statistics. 2) Introduce, waive the first reading, and introduce by title only the Rent Stabilization Ordinance.
Mayor Thorpe opened the public hearing.
Ralph Hernandez, Proponent, Antioch resident, spoke in support of the rent stabilization ordinance. He reported there were tenants that needed legal intervention and representation from the City to address illegal rent increases and their complaints related to uninhabitable units.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
August 23, 2022 Page 3 of 15
Greg Lyons, Antioch resident, stated he was a former landlord who sold his rental property due to the fees associated with rental units and the difficulties he had finding tenants who would maintain the property. He stated he was opposed to the ordinance because it would prevent landlords from raising rents after tenants vacated, to address damages and increased costs.
Jackie Lowery, Juan Souzalez, Yolanda Roberts, Treveyon Carlson, Thomas Heidt and Della Currie, Antioch residents, representing ACCE, Frank Sterling, Joshua Gonzalez, Antioch resident, Saabir Locket, Faith Alliance for a Moral Economy, Rhea Laughlin, First 5 Contra Costa and East County Regional Group, Betty Geboldon, Todos Santos Tenants Union, Lawrence Elliott, Evette Gelard, Dalieyah Marie Dollarhide and Deborah Polk representing ECRG, Tony Bravo and Judith Ortiz, representing Monument Impact, Joe Summers, Contra Costa Labor Counsel, Traci Young, Contra Costa Labor Counsel and United Way Bay Area, spoke in support of the rent stabilization ordinance. Several speakers requested Council set a limit on rent increases as the greater of 60% or 3% of the CPI. Additional suggestions included making the ordinance retroactive, eliminating exceptions for low-income housing, and instituting a rent board to settle disputes.
Cecelia Canchos, Antioch resident, ACCE, discussed a fire that occurred at her apartment and the substandard living conditions that resulted. She spoke in support of the rent stabilization ordinance.
Kristi Laughlin, East Bay Alliance for Sustainable Economy (EBASE), Chris Schildt, Urban Habitat, Francisco Torres, Leah Simon-Weisberg, ACCE, Ali Uscilka, Healthy and Active Before 5 and Debra Ballinger, Monument Impact, requested Council heed the recommendations in the letter they submitted on behalf of several organizations, regarding rent control.
Myriam Saenz ECRG, Dulce Franco, Maria Lopez, Rocio Arambulo, Theresa Lua, Berta and Susana Sanchez, provided comments in Spanish that were simultaneously translated into English transmitters for Council and the public.
Leslie May spoke in support of the rent stabilization ordinance and requested Council set a limit on rent increases at 2% of the CPI.
Ethan Silverstein, ACCE, spoke in support of the rent stabilization ordinance. He requested Council set a limit on rent increases at 60% CPI with a 3% cap. Additionally, he requested a petition process for decreases in housing services and asked that the ordinance be retroactive to January 2022. He also spoke in support of anti-harassment, just cause and fair chance ordinances.
Stephany Morris, Delta View Apartments, discussed her substandard and unsafe living conditions.
, ECRG, spoke in support of the rent stabilization ordinance with a limit on rent increases at 60% CPI with a 3% cap. Additionally, he requested the ordinance be
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retroactive and asked for the establishment of a rent board to mediate disputes. He also spoke in support of just cause and anti-harassment protections.
Taylor Rosa and Linda Willis, ACCE, residents of the Twin Creeks Apartments, discussed their substandard living conditions and inadequate property management. They spoke in support of the rent stabilization ordinance.
Devin Williams, spoke in support of a rent stabilization ordinance that included LIHTC properties, with a limit on rent increases at 60% CPI with a 3% cap. He also spoke in support of just cause and anti-harassment protections.
Sandra Withrow, Antioch resident representing ACCE, discussed her struggles with homelessness.
Charlotte Rivers, Antioch resident, discussed her substandard living conditions and spoke in support of the rent stabilization ordinance.
Devin Williams read a statement from Raquel Maramag, ACCE, regarding a notice to vacate her apartment.
Joe Stokley, Property Manager, sympathized with the speakers; however, he believed the issues were contained to a limited number of unethical landlords. He commented there were current laws in place and suggested stakeholders protect the tenants. He felt more bureaucracy would cause property owners to remove their properties from the rental market.
Reverend Sophia DeWitt, East Bay Housing Organizations, spoke in support of the rent stabilization ordinance and addressing corporate landlords who took advantage of the low- income housing tax credit program. She expressed concern that a strict rent formula could negatively impact mission-driven non-profit affordable housing properties.
Peter Pan spoke in opposition to the rent stabilization ordinance because he felt it would have an adverse effect on the rental market.
Rhovy Antonio, California Apartment Association, explained that rents were regulated statewide under the California Tenant Protection Act of 2019 (AB1482). She commented that passing a one-sided ordinance was bad public policy. She requested the City investigate an exemption so the fair rate of petition fees could be waived for low-income housing providers. Additionally, she requested flexibility for those whose primary income was from rental properties. She supported strong code enforcement processes to ensure health and safety codes were maintained in rental housing.
Patricia Granados sympathized with tenants who spoke this evening and encouraged the City to protect their families.
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Jazmine Washington, Delta View Apartments, discussed her substandard living conditions and inadequate property management. She requested the City provide resources for those facing evictions.
Mac Zhu stated he was a landlord with properties in Antioch. He sympathized with the tenants and noted this appeared to be an isolated issue that needed to be addressed. He emphasized supply and demand in Antioch was reasonably balanced without rent control. He believed this ordinance would affect that balance because non-corporate landlords would leave the rental business, decreasing inventory and increasing rents. He felt providing more housing was the solution.
Public comments submitted in writing were entered into the record from the following individuals:
Hannah Garcia on behalf of Interim CEO Pamela Calloway East Bay Community Foundation, Rhea Laughlin, Community Engagement & Advocacy Program, Coalition of Antioch Residents, Workers, Parents and Organizations, Mark Jordan, Patricia Agular, Pittsburg resident representing ACCE, Maria Velazquez and Jazmine Washington, Antioch resident.
Mayor Thorpe declared a recess at 9:56 P.M. The meeting reconvened at 10:07 P.M. with all Councilmembers present.
Mayor Thorpe closed the public hearing.
Councilmember Torres-Walker thanked everyone for their comments and spoke in support of the City providing more affordable housing with tenant protections. She spoke in support of the recommendations set forth in the letter they received from the coalition of non-profit organizations.
In response to Councilmember Torres-Walker, Leah Simon Weisberg clarified that they did not believe the rent stabilization ordinance would have a negative impact on mission driven non- profit affordable housing properties.
Councilmembers Ogorchock and Wilson thanked the public speakers this evening.
In response to Councilmember Wilson, Leah Simon Weisberg provided a definition of housing services.
Councilmember Wilson requested the ordinance include a definition of housing services and be retroactive to January.
Councilmember Barbanica thanked the public speakers. He explained that most offenders were corporate landlords, and he would like to find a way to close the loopholes that allowed them to unreasonably raise rents. He expressed concern regarding the harm this ordinance would create for the single property landlords who were not arbitrarily increasing rents. He stated this ordinance would not apply to most properties in Antioch because of case and state laws.
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Councilmembers Wilson and Torres-Walker supported setting a limit on rental rate increases as the greater of 60% CPI with a 3% cap.
Councilmember Ogorchock recommended setting a limit at 5 with 10%.
Councilmember Barbanica suggested the City follow the guidelines for increases set by AB1482.
Councilmember Torres-Walker stated she believed landlords who purchased a single-family residence, condominium, or duplex to turn them into rental units were committed to keeping rents affordable and would not be impacted by this ordinance.
Mayor Thorpe appreciated the comments this evening. He announced this was the first part of just cause and anti-harassment would be coming soon.
A motion was made by Councilmember Barbanica to adopt the resolution setting the limit on rental rate increases consistent with AB1482, that follows the guidelines of AB 1482 eliminating the loophole to raise rents any higher than what is outlined in AB1482. The motion failed due to the lack of a second.
On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker the City Council set a limit on rental rate increases as the lesser of sixty percent (60%) or three percent (3%) as a flat cap of the Consumer Price Index. The motion carried the following vote:
Ayes: Councilmember Torres-Walker, Wilson, Thorpe Noes: Ogorchock, Barbanica
In response to Councilmember Ogorchock, Mayor Thorpe agreed to revisit landlord fees at a later date.
On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker the City Council introduced, waived the first reading, and introduced by title only the Rent Stabilization Ordinance. The motion carried the following vote:
Ayes: Councilmember Torres-Walker, Wilson, Thorpe Noes: Ogorchock, Barbanica
Mayor Thorpe moved to suspend the rules to move Public Comment and Public Hearing Items #5 and 6 as the next order of business. Councilmember Barbanica seconded the motion.
Following discussion, Mayor Thorpe withdrew the motion and made the following motion to include Consent Calendar Item G.
ON MOTION BY MAYOR THORPE, SECONDED BY COUNCILMEMBER BARBANICA, THE
CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED PUBLIC COMMENTS, CONSENT CALENDAR ITEM #3G, AND PUBLIC HEARING ITEMS #5 AND #6 TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
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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 LEGAL COUNSEL EXISTING LITIGATION, case settlement of $495,000 was approved by Council 5/0, #2 CONFERENCE WITH REAL PROPERTY NEGOTIATONS EXISTING LITIGATION, direction provided to City Attorney and Assistant City Manager, #3 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, direction provided to City Attorney, #4 CONFERENCE WITH REAL PROPERTY NEGOTIATONS, direction provided to City Attorney and Assistant City Manager, #5 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, no reportable action; and, #6 CONFERENCE WITH LABOR NEGOTIATORS, direction provided to Labor Negotiators.
PUBLIC COMMENTS
Flori Paniagua, Team Jesus Outreach Ministries, provided information on their organization.
Ralph Hernandez stated he supported a majority of the Antioch police officers and discussed the ongoing investigation of the APD.
Chris Schildt, Leah Simon Weisberg and Rhea Laughlin requested Council revisit the Rent Stabilization Ordinance and the recommendations they submitted in the letter previously referenced.
Patricia Granados acknowledged Interim Police Chief Ford for his apology related to the recent investigation of the APD.
Andrew Becker announced he had a comment for Consent Calendar Item #I and questioned why it had not been brought forward. He discussed an unhoused resident that needed assistance and acknowledged Facing Homelessness for assisting them. He expressed concern that the Hotel Voucher Program was not available for these individuals.
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
G. ORDINANCE NO. 2218-C-S SECOND READING - PROPOSED ORDINANCE
AMENDING THE ANTIOCH MUNICIPAL CODE REGARDING THE PARKING OF
MOTOR VEHICLES, INCLUDING RECREATIONAL VEHICLES, ON RESIDENTIAL PROPERTY (Introduced on 07/26/2022)
Ralph Hernandez, Antioch resident, stated he did not support restricting recreational vehicles or charging fees for annual permits.
Ralph Hernandez read written comment from Norma Hernandez stating she did not support restricting Recreational Vehicles on private property.
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Michelle Barlow yielded her speaker time to Roshon Williams
Roshon Williams spoke in support of Council approving the Ordinance.
Linda Jones, Antioch resident, spoke in opposition to amending the Ordinance.
Suzanne Miller yielded her speaker time to Richard.
Richard reported the ordinance amendment did not address limiting permits, restrictions for camper shells and a process for non-conforming units. He believed the ordinance did not take under consideration the opinion of a majority of residents who opposed this item.
Leslie May spoke in opposition to camper shells being allowed on supports in driveways and encouraged Council to consider all public comments.
Greg Farina yielded his speaker time to Roshon Williams.
Roshon Williams suggested residents opposed to this ordinance purchase homes in HOA communities. She discussed challenges associated with storing recreational vehicles off of their property.
Public comment submitted in writing was entered into the record from the following individual:
Joe Canepa.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council approved Item G. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
PUBLIC HEARING Continued
5. ONE PLANT CANNABIS DISTRIBUTION AT 2710 WEST 10TH STREET (UP-21-17)
Director of Community Development Ebbs presented the staff report dated August 23, 2022, recommending the City Council adopt the resolution approving a Use Permit to operate a cannabis distribution facility subject to conditions of approval (UP-21-17).
Mayor Thorpe opened the public hearing.
Ralph Hernandez stated cannabis was illegal federally and noted that the benefits did not outweigh the negative effects of this business. He requested Council deny the application.
Mayor Thorpe closed the public hearing.
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Councilmember Ogorchock stated she was disappointed the applicant was not in attendance this evening. She requested the owner update landscaping around the building.
Councilmember Torres-Walker reported the owner had been present; however, the initial agenda item ran long. She clarified that this application was for an expansion of an existing business, and it was not located in a residential neighborhood.
Mayor Thorpe commented that the initial One Plant application discussed the future use of this space.
RESOLUTION NO. 2022/140
On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker, the City Council adopted the resolution approving a Use Permit to operate a cannabis distribution facility subject to conditions of approval (UP-21-17). The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock, Barbanica
6. 300 G STREET RETAIL CANNABIS DISPENSARY (UP-22-01)
Councilmember Wilson announced that an issue was brought to her attention that she discussed with City Attorney Smith and as a result, she would have to recuse herself from this agenda item.
She left the dais.
Director of Community Development Ebbs presented the staff report dated August 23, 2022, recommending the City Council adopt the Resolution approving a Use Permit to operate a retail cannabis dispensary subject to findings and Conditions of Approval (UP-22-01).
Mayor Thorpe opened the public hearing.
Vinayak Shastry provided a PowerPoint presentation of their project which included interior design, introduction of their team, neighborhood compatibility plan, labor and employment, youth education and use prevention.
Ralph Hernandez stated he opposed the project and discussed the adverse effects of cannabis use. He reported that cannabis was illegal federally. He expressed concern that this project was located near residential property and asked what the financial benefits would be for the City.
Andrew Becker spoke in support of the project and discussed the advantages of medicinal cannabis use.
Leslie May discussed the advantages of medicinal cannabis use and the financial stability provided by cannabis businesses.
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Melissa Case spoke in opposition to this project. She stated cannabis use often led to harder drugs and homelessness. She spoke in support of managing marketing to prevent cannabis businesses from advertising to children.
Patricia Granados reported cannabis dispensaries were contributing to the City financially and had had a positive impact on the community.
Mayor Thorpe closed the public hearing.
Councilmember Barbanica stated he had not supported the overlay for cannabis businesses in this area because it lacked restrictions for their proximity to sensitive uses. He noted that because he did not support the overlay, he could not support the business in this location.
In response to Councilmember Ogorchock, Mr. Shastry stated his security plan would be compliant with the requirements of the City of Antioch.
Captain Morefield and Director of Community Development Ebbs confirmed that a requirement for two security guards was in their conditions of approval.
A motion made by Councilmember Torres-Walker, seconded by Mayor Thorpe to adopt the Resolution approving a Use Permit to operate a retail cannabis dispensary subject to findings and Conditions of Approval (UP-22-01) failed by the following vote:
Ayes: Torres-Walker, Thorpe Noes: Ogorchock, Barbanica
Following discussion, Mayor Thorpe announced that the remaining agenda items would be moved to a special meeting on August 26, 2022. He stated at the request of Director of Public Works/City Engineer Samuelson, there would be additional items added to the agenda.
Councilmember Wilson returned to the dais.
After further consideration, Council agreed to hear item #7 prior to Adjournment.
COUNCIL REGULAR AGENDA
7. CONTRA COSTA MOSQUITO AND VECTOR CONTROL BOARD OF TRUSTEES' (ANTIOCH RESIDENT REPRESENTATIVE) APPOINTMENT FOR ONE (1) PARTIAL- TERM VACANCY EXPIRING APRIL 2024
City Clerk Householder announced Mayor Thorpe nominated Wade Finlinson to serve as the Antioch Resident Representative to the Contra Costa Mosquito and Vector Control Board of Trustees.
Mr. Finlinson thanked the City Council for the opportunity to serve.
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Mayor Thorpe thanked Mr. Finlinson for volunteering to represent Antioch.
RESOLUTION NO. 2022/141
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock, the City Council unanimously approved by resolution, Wade Finlinson as one (1) Antioch Resident Representative to the Contra Costa Mosquito and Vector Control Board of Trustees for one partial-term vacancy expiring April 2024.
City Clerk Householder administered the Oath of Office to Mr. Finlinson.
ADJOURNMENT
On motion by Councilmember Barbanica, seconded by Councilmember Torres-Walker the City Council unanimously adjourned the meeting at 12:27 P.M. [THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 08/26/2022 COUNCIL SPECIAL MEETING TO BE HEARD]
1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
HOT AUGUST CRUISE NIGHT AUGUST 27, 2022
nd Street, Antioch
SEPTEMBER 10, 2022
nd Street, Antioch
2. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
BOARD OF ADMINISTRATIVE APPEALS
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 28, 2022
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
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B. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 26, 2022 Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 9, 2022
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
D. APPROVAL OF COUNCIL WARRANTS
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Recommended Action: It is recommended that the City Council approve the warrants.
F. REJECTION OF CLAIM: EDWARD BURKHALTER
Recommended Action: It is recommended that the City Council reject the claim submitted by Edward Burkhalter.
(G. COUNCIL MOTIONED TO MOVE ITEM G TO BE HEARD AFTER PUBLIC COMMENTS)
H. FIRST AMENDMENT TO THE DESIGN CONSULTING SERVICES AGREEMENT WITH
BROWN AND CALDWELL FOR ON-CALL PROFESSIONAL ENGINEERING DESIGN SERVICES (P.W. 700-1)
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the first amendment to the Design Consulting Services Agreement with Brown and Caldwell for On-Call
Professional Engineering Design Services in the amount of $50,000 for a total contract amount of $100,000; and
2) Authorizing and directing the City Manager or designee to execute the first amendment to the Design Consulting Services Agreement in a form approved by the City Attorney.
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I. RESOLUTION APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR PARK RIDGE PHASE 5 SUBDIVISION 9578 (DAVIDON HOMES) AND ANNEXING TO CITYWIDE LIGHTING AND LANDSCAPING DISTRICT 10 ZONE 1 (P.W. 674-5)
Recommended Action: It is recommended that the City Council adopt a resolution approving the final map and improvement plans for Park Ridge Phase 5, Subdivision 9578, and annexing to City Wide Lighting and Landscaping District 10, Zone 1.
J. CROWDSTRIKE CYBER SECURITY SERVICES 5-YEAR CONTRACT
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the City Manager or designee to execute a 5-year contract for CrowdStrike cyber security services via ePlus Technology, Inc. in the amount not to exceed $340,000.
K. AB 361: RESOLUTION MAKING FINDINGS NECESSARY TO CONDUCT BROWN ACT
MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,
COMMISSIONS, AND COMMITTEES
Recommended Action: It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.
L. CRITICAL INCIDENT STRESS MANAGEMENT & WELLNESS CONTRACT
Recommended Action: It is recommended that the City Council adopt a resolution approving a one-year sole source contract with Public Safety Family Counseling Group, INC. to provide critical incident stress management and facilitate the emotional wellness roof of Police Department personnel from July 1, 2022 to June 30, 2023 and authorizing the City Manager to execute an agreement with Public Safety Family Counseling Group, INC., not to exceed $75,000 for a one year period with an option to extend.
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COUNCIL REGULAR AGENDA
8. CODE ENFORCEMENT STAFFING UPDATE
Recommended Action: It is recommended that the City Council receive the update on Code Enforcement staffing.
9. RESOLUTION APPROVING THE CLASS SPECIFICATION UPDATES FOR THE
MANAGEMENT AND ANTIOCH POLICE SWORN MANAGEMENT BARGAINING UNITS
Recommended Action: It is recommended that the City Council adopt the resolutions approving two class specification updates to the Management Bargaining Unit and the Antioch Police Sworn Management Association.
10. EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS AND INCENTIVE
PROGRAM FOR QUALIFIED LATERAL AND ENTRY LEVEL POLICE OFFICERS
Recommended Action: It is recommended that the City Council:
1) Adopt the resolution authorizing an increase in employee referral and recruitment signing bonus and incentive program for qualified lateral and entry level (academy graduate and recruit) Police Officers; and
2) Authorize staff to perform additional research on the Antioch Homeownership Incentive Program for Police Academy
graduates.
11. DEPARTMENT
Recommended Action: It is recommended that the City Council adopt the resolution provide day-to-
Department.
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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.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Special Meeting August 26, 2022
4:30 P.M. Council Chambers
4:30 P.M. SPECIAL MEETING/CLOSED SESSION
Mayor Thorpe called the meeting to order at 4:30 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
PUBLIC COMMENTS
Lindsay Amezcua and spoke in support of appointing
Assistant City Manager Bayon Moore as City Manager.
Mark Jordan, Antioch resident, requested the City open the recruitment process or hire Assistant City Manager Bayon Moore as City Manager.
Ralph Hernandez, Antioch resident, stated both he and his wife were in support of appointing Interim City Manager Johnson as City Manager.
1. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code section 54957:
Title: City Manager.
ADJOURN TO CLOSED SESSION
Mayor Thorpe adjourned to Closed Session at 4:38 P.M.
5:00 P.M. SPECIAL MEETING
Mayor Thorpe called the meeting to order at 5:05 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
B
10-11-22
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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 PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code section 54957: Title: City Manager, no reportable action.
OPENING REMARKS BY MAYOR AND CITY COUNCIL None
1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Assistant City Manager Bayon Moore announced the following civic and community events.
Hot August Cruise Night August 27, 2022
P September 10, 2022
Ralph Hernandez, Antioch resident, spoke in support of the Hot August Cruise Night events and announced that he would be participating.
2. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL WARRANTS
B. APPROVAL OF HOUSING SUCCESSOR WARRANTS
C. REJECTION OF CLAIM: EDWARD BURKHALTER
D. RESOLUTION NO. 2022/142 FIRST AMENDMENT TO THE DESIGN CONSULTING
SERVICES AGREEMENT WITH BROWN AND CALDWELL FOR ON-CALL
PROFESSIONAL ENGINEERING DESIGN SERVICES (P.W. 700-1)
E. RESOLUTION NO. 2022/143 APPROVING THE FINAL MAP AND IMPROVEMENT PLANS FOR PARK RIDGE PHASE 5 SUBDIVISION 9578 (DAVIDON HOMES) AND ANNEXING TO CITY-WIDE LIGHTING AND LANDSCAPING DISTRICT 10 ZONE 1 (P.W. 674-5)
F. RESOLUTION NO. 2022/144 CROWDSTRIKE CYBER SECURITY SERVICES 5-YEAR
CONTRACT
G. RESOLUTION NO. 2022/145 AB 361: RESOLUTION MAKING FINDINGS
NECESSARY TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR
THE CITY COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES
H. RESOLUTION NO. 2022/147 AUTHORIZATION TO PURSUE SAFE STREETS AND
ROADS FOR ALL GRANT PROGRAM APPLICATION
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On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of Item E which was removed for further discussion.
Item E Andrew Becker expressed concern that park spaces for this development were incomplete.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved Item E.
COUNCIL REGULAR AGENDA
3. RESOLUTION APPROVING THE CLASS SPECIFICATION UPDATES FOR THE
MANAGEMENT AND ANTIOCH POLICE SWORN MANAGEMENT BARGAINING UNITS
Director of Human Resources Cortez presented the staff report dated August 26, 2022, recommending the City Council: 1) Adopt the resolution approving one class specification update to the Management Bargaining Unit; and 2) Adopt the resolution approving one class specification update to the Antioch Police Sworn Management Association.
RESOLUTION NO. 2022/146
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously adopted the resolution approving one class specification update to the Management Bargaining Unit.
RESOLUTION NO. 2022/148
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously adopted the resolution approving one class specification update to the Antioch Police Sworn Management Association.
4. EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS AND INCENTIVE
PROGRAM FOR QUALIFIED LATERAL AND ENTRY LEVEL POLICE OFFICERS
Interim Police Chief Ford presented the staff report dated August 26, 2022, recommending the City Council: 1) Adopt the resolution authorizing an increase in employee referral and recruitment signing bonus and incentive program for qualified lateral and entry level (academy graduate and recruit) Police Officers; and 2) Authorize staff to perform additional research on the Antioch Homeownership Incentive Program for Police Academy graduates.
Mayor Thorpe commented that the numbers provided in the staff report were examples and if Council wanted to move forward with an incentive program, those amounts could be adjusted.
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City Attorney Smith added that if Council decided to move forward, they could provide direction.
Mayor Thorpe explained that additional legal analysis would be needed for the down payment assistance program.
Ralph Hernandez, Antioch resident, agreed that the City needed more police officers; however, he felt incentives proposed were excessive.
Ralph Hernandez read written comment from Norma Hernandez, Antioch resident, expressing concern for potential ramifications and the financial impacts of this program.
Lynette Harte spoke in support of an incentive/bonus program. She suggested Council consider the impact this program would have on current officers and questioned what the process would be for collecting funds in the event they did not follow through with their obligations.
Councilmember Ogorchock spoke in support of providing incentives to officers, dispatchers and staff who remained with the City during COVID. She discussed the difficulties associated with collecting on loans that were defaulted on. She requested that all areas of the program where it stated , be amended to read
Mayor Thorpe explained the intent of the down payment assistance program was to allow officers to use their incentives for that option; however, legal analysis needed to take place prior to consideration.
City Attorney Smith added if Council wanted to explore a down payment assistance program, he would provide models for Council to consider.
Councilmember Torres-Walker stated she supported a lateral and new recruitment incentive program; however, she felt $40k was excessive.
Mayor Thorpe commented that this initial proposal was for a period of one year and he believed the program needed to be significant to be effective.
Councilmember Wilson expressed concern regarding the down payment assistance program.
She felt a $40k incentive program was excessive and requested to see other options.
Mayor Thorpe stated they had discussed mirroring the payment increments to correspond with employment, completion of field training and then looking at a timeframe after that.
Interim Police Chief Ford ported the
organization was in a staffing crisis and public as well as officer safety was a concern. He noted this program would be an investment in public safety. He commented that good leadership kept officers in policing and discussed future training modules. He reviewed his role in recruitment for SFPD.
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Councilmember Barbanica spoke in support of increasing the incentive program to $25k and noted they should also provide a bonus program for employees who remained with the City during COVID. He expressed concern regarding the feasibility of the escrow program.
Councilmember Torres-Walker reported that every City department was understaffed. She thanked Interim Police Chief Ford for his insight and discussed the importance of recruiting the right people to serve.
Interim Police Chief Ford reiterated his focus was public safety followed closely by officer safety.
He noted the first concern of any City in America was a safe environment and from a public safety perspective, there were not enough officers to keep Antioch safe. He acknowledged the need to hire the right personnel in a transparent and prudent manner. He discussed the importance of having a robust recruitment that marketed the organization so they could illicit like- minded people to serve the community. He offered to work with the City Attorney on researching the down payment assistance portion of this item.
Councilmember Barbanica thanked Interim Police Chief Ford for the presentation and thanked him for bringing this item forward.
Mayor Thorpe thanked everyone for their comments and noted that this tool would help the Antioch Police Department address the needs of the City. He stated that he hoped this program could be used as a model for incentivizing all of the vacant authorized positions.
Following discussion, Council consensus directed staff to bring back an incentive program at the $25,000 and $30,000 levels, front loading both models at $15,000. There was no consensus to bring back the homeownership incentive option.
Mayor Thorpe suggested Council consider ARPA funding for a potential employee incentive program for those individuals who remained with the City during COVID.
PUBLIC COMMENTS
Velma Wilson spoke in support of the APD incentive program and noted the narrative was also important. She recognized the APD and Interim Police Chief Ford for their hard work. She also recognized , dedicated it to Assistant City Manager Bayon Moore and suggested Council consider hiring her as the City Manager.
Richard expressed concern that Council had approved an RV Ordinance amendment without addressing the number of permits allowed and offered his suggestions for additional amendments to the ordinance. He spoke in support of Antioch banning new gas stations and encouraged the City to install more public EV charging stations.
STAFF COMMUNICATIONS None
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special Meeting
August 26, 2022 Page 6 of 6
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Ogorchock requested the following updates be agendize: installation of intersection cameras and ARPA fund expenditures.
ADJOURNMENT
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock, the City Council unanimously adjourned the meeting at 6:21 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
0- -22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
0- -22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
6E__________
F
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Rent Stabilization Ordinance – Second Reading
RECOMMENDED ACTION:
It is recommended that the City Council adopt the proposed Rent Stabilization Ordinance (Attachment A).
FISCAL IMPACT
The City Attorney’s Office will require staffing to perform hearings rendering decisions related to tenant Rent Reduction Petitions and landlord Fair Return Petitions. The City Attorney’s Office will also require staffing to respond to legal questions associated with the Rent Stabilization Ordinance. The ordinance will also require the dedication of staff time to engage in public education and enforcement activities regarding rent stabilization.
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 Attorney. 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 for a subsequent City Council meeting.
DISCUSSION
The City Council held a Study Session on rent stabilization at a Special Meeting on July 26, 2022 and directed staff to prepare a Rent Stabilization Ordinance (“RSO”). Staff reviewed rent stabilization ordinances from other California general law cities, and applicable State law.
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. Instead, 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.
On September 27, 2022 a revised Rent Stabilization Ordinance was introduced by the City Council. The ordinance included retroactivity to August 23, 2022 and included a definition of housing services that is incorporated as a part of rent.
Antioch City Council Report
October 11, 2022 Agenda Item #F 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 section 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, in 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 family 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
October 11, 2022 Agenda Item #F 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 City may not exceed the exceed the lesser of three percent (3%) or sixty percent (60%) of the most recent 12-month increase in the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-Hayward Area published by the Bureau of Labor Statistics.
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
October 11, 2022 Agenda Item #F 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 unit that cannot be sold separately. Units first receiving a certificate of occupancy after this date but at least 15 years prior to the current date on a rolling basis would remain protected by the California Tenant Protections Act, which limits annual rent increases to 5% plus the regional consumer price index (CPI) or 10%, whichever is less, where a tenant has resided in a rental unit for at least 12 months. The Rent Stabilization Ordinance does not have a minimum residency requirement for its rent-increase protections.
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 Hearing Officer for hearings concerning tenant and landlord petitions.
Antioch City Council Report
October 11, 2022 Agenda Item #F 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 complaint and shall have the opportunity to respond to the tenant’s claim of rent overcharge. The Rent Reduction Petition shall be on an application form prescribed by the City Manager or designee and shall be decided by a Hearing Officer designated by the City Attorney.
The tenant shall provide a copy of any Rent Reduction Petition submitted to the City to the applicable landlord and shall provide the City with proof of completing such service to the landlord. The landlord shall have thirty (30) days from the date of receiving the Rent Reduction Petition to reply or provide additional materials to the City in response to the Rent Reduction Petition.
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 landlord could lawfully charge and the amount of rent that the landlord 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
October 11, 2022 Agenda Item #F 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 applicable tenant(s) and must provide the City with proof of completing such service to the applicable tenant(s). The tenant(s) will have thirty (30) days from the date of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition.
The landlord will bear the burden of establishing that a rate increase in excess of that permitted by the Rent Stabilization Ordinance (§ 11-1.03) is necessary to provide the landlord with a fair and reasonable return on the property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, they will not realize a fair and reasonable return on their property.
The landlord will be responsible for all costs associated with the City’s review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the Hearing Officer shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the landlord’s request. If the Hearing Officer so determines, the Hearing Officer shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the landlord, and the Fair Return Petition shall not be processed until the landlord has paid to the City the estimated cost of the complete analysis. City will provide the landlord with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the landlord. If additional funds are required, 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
October 11, 2022 Agenda Item #F 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. An ordinance requires two readings and must be adopted at a regular meeting or a regular adjourned meeting not earlier than five days following introduction (Government Code § 36931 et seq.). Following adoption, the entire ordinance must be published in a newspaper of general circulation. Generally effective on the 30 days following adoption. An ordinance must not conflict with the Constitutions (U.S. and California) and laws of California or United 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 cost burdened. The largest proportion of senior households who rent are extremely low-income.
D. Large family households, defined by the U.S. Census Bureau as households containing five or more persons, are also cost burdened at a higher rate due to the higher costs required for homes with multiple bedrooms and which can increase the risk of housing insecurity.
Approximately 40% of large family households in the City are cost burdened, almost half of which is “severely cost burdened,” meaning the households pay more than half of their income on housing. Citywide, 21.3% of all households spend more than 50% of their income on housing.
1Data sources and additional information can be found in Chapter 2, Housing Needs Assessment, of the Draft Antioch Housing Element 2023-2031. Implementing Program 5.1.9 in Chapter 7 of the draft Housing Element, entitled “Tenant Protections” and pertaining to Goal 5, Fair Housing, further provides that the City will “[p]ursue the development of citywide tenant protection policies for consideration by the City Council” to address, among other things, rent stabilization.
ATTACHMENT A
2 E. Households headed by women are also disproportionately impacted by increasing housing costs. This segment constitutes 20.4% of all households in the City, which is significantly higher than the country (12.2% of households) and the larger Bay Area region (10.4% of households). Pervasive gender equality may result in lower wages for these households, and women with children face the added barrier of childcare costs to securing adequate employment. As a result, 32.7% of households in the City headed by women with children fall below the Federal Poverty Line compared to 8.1% percent households headed by women without children.
F. The City’s housing stock consists of 34,028 units, approximately a quarter of which are attached to another unit. Of the 97% of total units that are occupied, 40% are occupied by a renter. Rental prices increased by 50.8% from 2009 to 2019. To rent a typical apartment in the City without cost burden, defined by the U.S. Department of Housing and Urban Development (HUD) as less than 30% of household income, a household would need to make $64,560 per year.
G. No neighborhoods in the City are identified as “Highest Resource” or “High Resource” areas by State-commissioned research, while 89.6% of residents live in areas identified by this research as “Low Resource” or “High Segregation and Poverty” areas. These neighborhood designations are based on a range of indicators, including education, poverty, proximity to jobs and economic opportunities, low pollution levels, and other factors. Research reveals 31.3% of households in the City live in neighborhoods that are susceptible to or experiencing displacement, and 19.2% live in areas at risk of or undergoing gentrification.
H. The housing rent burden faced by many residents in the City threatens the health, safety, and welfare of its residents, particularly when resulting in eviction and displacement.
Studies have shown that evictions play an impactful role in the lives of low-income renter households, contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children, and impacts renters’ credit histories and ability to rent and find employment opportunities. Increasing the number of City residents who are unhoused, particularly elderly residents who may need medical or other care, could create a public health and safety risk.
I. The Costa-Hawkins Rental Housing Act, California Civil Code Section 1954.50, et seq., limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent stabilization to certain residential rental properties. It is the intent of the City Council that this ordinance complies with the Costa-Hawkins Rental Housing Act, and all other applicable state and federal laws.
J. The economic conditions and recognized housing shortage in the Bay Area have the potential to detrimentally impact a substantial number of City residents and impose a particular hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City.
K. The City has not previously regulated the setting and increasing of rents for residential real property. Given the concerns discussed herein, the City Council desires to establish rent
ATTACHMENT A
3 stabilization policies protecting residents while ensuring that the Landlords of residential real property may earn a fair and reasonable return on their property.
L. At the City Council meetings on June 14, 2022, June 28, 2022, and July 27, 2022, the City Council discussed and received public comment concerning tenant protections, including policies regulating rent increases on residential properties in the City.
M. Pursuant to the City’s police power, as granted broadly under Article XI, section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.
N. Based on the foregoing facts, and the facts presented to the City Council at the meetings at which this ordinance was introduced and adopted, the City Council finds that allowing Landlords of residential real property to have unfettered discretion to increase rents would pose a threat to the public health, safety, and welfare, and that a prohibition of rent increases, except as allowed herein, is therefore necessary.
O. The City Council hereby adopts these regulations in order to address the threats set forth below.
1. Absent the adoption of this ordinance, as a result of the economic conditions and recognized housing shortage in the Bay Area, including the East Bay and Contra Costa County, significant rent increases will impact a substantial number of residents in the City and constitute a threat to public health, safety, and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City;
2. For the preservation of the public peace, health, and safety, the City Council finds that it is necessary to adopt an ordinance stabilizing rents for all of the reasons set forth in the recitals above, which are hereby incorporated by reference;
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,
ATTACHMENT A
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 Title 11, entitled “Tenant Protections,” is hereby added to the Antioch Municipal Code.
Section 3 Chapter 1, entitled “Rent Stabilization,” is hereby added to Title 11, Tenant Protections, of the Antioch Municipal Code to read as follows:
CHAPTER 1
RENT STABILIZATION
§ 11-1.01. TITLE; REFERENCE TO CHAPTER.
This Chapter 1 shall be known as the “Rent Stabilization Ordinance”. § 11-1.02. APPLICATION.
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
ATTACHMENT A
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.
ATTACHMENT A
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 Ordinance 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 rental 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 Rent Reduction Petition submitted to the City to the applicable Landlord and shall provide the City with proof of completing such service to the applicable Landlord. The Landlord shall have thirty (30) days from the date of receiving the Rent Reduction Petition to reply or provide additional materials to the City in response to the Rent Reduction Petition.
(3) The tenant shall bear the burden of establishing that a rent reduction is necessary to comply with the City’s Rent Stabilization Ordinance by
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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 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
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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 decision 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 California Civil Code Section 1940, subdivision (b).
(5) A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled, 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 concerning Rent, including without limitation the service of the tenant with a legally required notice of a rent increase under State law, the registration of all Rental Units 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 increased the tenant’s Rent in violation of this section, the tenant may submit to the City a Petition to Determine Compliance for consideration by a Hearing Officer designated by the City Attorney. The Landlord shall have an opportunity to respond to the Petition to Determine Compliance and to participate in the administrative proceeding. The City Attorney shall promulgate 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 preparation of informational materials and forms and promulgation of administrative regulations. The City Manager shall designate a City department to provide information and receive tenant complaints pertaining to violation of this ordinance.
Section 4 Chapter 6, entitled “Hearing Procedures, Hearing Officers’ Decisions and Administrative Regulations,” is hereby added to Title 1, General Administration, of the Antioch Municipal Code to read as follows:
ATTACHMENT A
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, disqualification 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 If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
Section 7 This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch.
ATTACHMENT A
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
G
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: AB 361: Resolution Making Findings Necessary to Conduct Brown Act Meetings by Teleconference for the City Council, Boards, Commissions, and Committees
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.
FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.
DISCUSSION
Even though cases of COVID-19 have dropped, AB 361 is expressly intended “to protect the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location” because of physical status.
The City of Antioch has utilized teleconference technology for some time, and since the State of Emergency is still in effect and state officials are still recommending measures to promote social distancing, especially for immunocompromised and sensitive groups (as described in the attached Resolution), the City’s legislative bodies, which include the City Council, boards, commissions, and committees can continue to meet while providing access to the public via teleconference. This resolution makes the findings required by AB 361, and would apply Citywide – i.e., not just to the City Council but to all City commissions and committees subject to the Brown Act as well. Staff requests passage of the attached resolution, which enables “hybrid meetings” including in-person and teleconference public participation or virtual meetings via teleconference for the City Council, boards, commissions, and committees.
Under this resolution, City Council, commissions, boards, and committees can continue holding virtual meetings or hybrid meetings in compliance with the following more flexible standards:
Antioch City Council Report
October 11, 2022 Agenda Item #G 2
The City is not required to provide a physical location for the public to attend or provide comments.
Public access to the meeting via a call-in or an internet-based service option must be allowed, but the City is not required to have members of the public attend at each teleconference location.
The City is only required to notice and post an agenda in accordance with the Brown Act provisions for in-person meetings. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet- based service option.
When notice of the time of the teleconferenced meeting given or the agenda for the meeting is posted, the City shall also give notice of the means by which members of the public may access the meeting and offer public comment.
The City must provide an opportunity for the public to address and offer comment in real time and cannot require all public comments to be submitted in advance of the meeting.
ATTACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
MAKING THE REQUIRED FINDINGS TO AUTHORIZE REMOTE
TELECONFERENCE/VIRTUAL MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF ANTIOCH FOR A PERIOD OF THIRTY
DAYS PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City of Antioch is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act;
WHEREAS, all meetings of the City’s legislative bodies, which includes the City Council, boards, commissions, and committees, are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), such that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;
WHEREAS, as recently amended by AB 361, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558;
WHEREAS, it is further required that state or local officials have recommended or imposed measures to promote social distancing, or the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees;
WHEREAS, such conditions now exist in the City; specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency, and such proclamation remains in effect and has not been rescinded or cancelled, and the “SMARTER” plan that the Governor unveiled specifically indicates that the State of Emergency will not be terminated;
WHEREAS, in addition to the above, state officials have issued orders recommending social distancing measures for certain individuals and in certain situations.
For example, and not by way of limitation, social distancing is referenced in guidance on vaccine doses for persons who are immunocompromised and in certain situations under general industry safety orders;
WHEREAS, the state legislature has also made findings that by removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, AB 361 protects the health and safety of civil servants and
ATTACHMENT A
the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location;
WHEREAS, the City Council does hereby find that all of the legislative bodies of the City shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the City will provide live call-in and/or internet service-based option for remote public participation and will provide notice for such participation in the agendas posted in advance of the meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Findings. The City Council hereby finds that, as set forth above, due to the novel coronavirus a State of Emergency declared by the Governor of the State of California is currently in effect, and that state or local officials are recommending measures promote social distancing.
Section 3. Remote Teleconference Meetings. The City Manager and City Attorney are hereby authorized and directed to take all actions necessary to conduct open and public meetings for all the legislative bodies of the City in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall be effective immediately upon its adoption and shall remain in effect until the earlier of 30 days from the effective date of this Resolution, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference. * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 11th day of October, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTACHMENT A
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
7 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 11, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
SUBJECT: PARKS AND RECREATION COMMISSION APPOINTMENTS
FOR ONE (1) VACANCY EXPIRING MARCH 2024 AND TWO (2)
VACANCIES EXPIRING APRIL 2026
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the Mayor’s nomination of the following appointments for membership on the Parks and Recreation Commission:
Jacob Pedrotte for a vacancy expiring March 2024
Lesley Eubanks for a vacancy expiring April 2026
Mariah Williams for a vacancy expiring April 2026
FISCAL IMPACT
Administering the Parks and Recreation Commission is a budgeted function of the Parks and Recreation Department. There is no additional fiscal impact. Commissioners serve in a voluntary role.
DISCUSSION
In March 2020, the terms for three members of the Parks and Recreation Commission expired and the City Clerk posted the position openings as outlined in City policies and procedures. One opening was filled in July 2020 and a second opening was filled in August 2021. Since then, two additional applications were received. One applicant, Jacob Pedrotte, is being nominated for appointment to the Parks and Recreation Commission. The term for this appointment expires March 2024.
In April 2022, the terms for four members of the Parks and Recreation Commission expired and the City Clerk posted the position openings as outlined in City policies and procedures. The Clerk has since received five applications for these openings. Two applicants, Lesley Eubanks and Mariah Williams are being nominated for appointment to the Parks and Recreation Commission. The terms for these appointments expire April 2026.
Antioch City Council Report
October 11, 2022 Agenda Item#7 2
ATTACHMENTS
A. Resolution
B. Applications
ATTACHMENT A
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [INSERT NAME OF APPOINTEE AFTER APPOINTMENT] TO
THE PARKS AND RECREATION COMMISSION FOR THE FULL-TERM VACANCY ENDING IN MARCH 2024, [INSERT NAME OF APPOINTEE AFTER APPOINTMENT]
TO THE PARKS AND RECREATION COMMISSION FOR THE FULL-TERM VACANCY ENDING IN APRIL 2026, AND [INSERT NAME OF APPOINTEE AFTER APPOINTMENT]TO THE PARKS AND RECREATION COMMISSION FOR THE FULL-TERM VACANCY ENDING IN APRIL 2026
WHEREAS, there is currently (1) one full-term vacancy on the Parks and Recreation Commission ending in March 2024;
WHEREAS, there are currently (4) four full term vacancies on the Parks and Recreation Commission ending in April 2026;
WHEREAS, the City Clerk’s Office made announcement of the vacancies and solicited applications for the (5) five full-term vacancies;
WHEREAS, Mayor Lamar Thorpe considered the applications received and interviewed the interested applicants;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires that the Mayor nominate candidates for membership on all boards and commissions and requires that the City Council approve, by a majority vote, the appointments of said nominees; and
WHEREAS, Mayor Lamar Thorpe has nominated Jacob Pedrotte, Leslie Eubanks, and Mariah Williams to the Parks and Recreation Commission.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Antioch hereby approves the Mayor’s nomination for appointment of [insert name of appointee(s) after appointment ]to serve on the Parks and Recreation Commission, as a Commissioner with a term ending in March 2024, [insert name of appointee(s) after appointment] to serve on the Parks and Recreation Commission, as a Commissioner with a term ending in April 2026, and [insert name of appointee(s) after appointment]to serve on the Parks and Recreation Commission, as a Commissioner with a term ending in April 2026.
* * * * * * * *
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 11th day of October 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH