ANNOTATED AGENDA
Antioch City Council
SPECIAL AND REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, March 28, 2023
Time: 4:15 P.M. – Closed Session
5:00 P.M. – Special Meeting/Study 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 the inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
Tamisha Torres-Walker, Mayor Pro Tem (District 1) Lauren Posada, City Treasurer Michael Barbanica, Council Member District 2
Lori Ogorchock, Council Member District 3 Forrest B. Ebbs, Acting City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney
ACCESSIBILITY: 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].
ANTIOCH CITY COUNCIL -1- MARCH 28, 2023
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. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The 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. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . 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 City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request form s are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
4:15 P.M. ROLL CALL – CLOSED SESSION – for Council Members – All Present
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to Government Code section 54956.9: Lim v. City of Antioch, United States District Court, Case No. CV-22-04067-LB.
Council voted to approve settlement for $90,000, 5/0
2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to Government Code section 54956.9: Frank Sterling v. City of Antioch, et al., United States District Court, Northern District of California, Case No. 3:22-cv-07558-TSH.
No reportable action
4:16 P.M. ADJOURNED TO CLOSED SESSION
5:15 P.M. ROLL CALL – SPECIAL MEETING/STUDY SESSION – for Council Members – All Present
PLEDGE OF ALLEGIANCE
ANTIOCH CITY COUNCIL -2- MARCH 28, 2023
STUDY SESSION
SM-1. FISCAL YEAR 2023-25 BUDGET DEVELOPMENT
Council received the presentation
Recommended Action: It is recommended that the City Council provide feedback and direction regarding the budget development information provided for the Fiscal Year 2023-25 Budget.
PUBLIC COMMENT
5:42 P.M. MOTIONED TO ADJOURN SPECIAL MEETING/STUDY SESSION
7:00 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – All Present
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. PROCLAMATION
• Prescription Drug Abuse Awareness Month, March 2023
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamation.
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
• EGG-STRAVAGANZA & REC EXPO – April 8, 2023
Antioch Water Park, 4701 Lone Tree Way, Antioch, CA
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- MARCH 28, 2023
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2023 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 23, 2023 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Special Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2023 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
D. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 14, 2023 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
E. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR MARCH 17, 2023
Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting/Closed Session Minutes.
F. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
G. 2022 ANNUAL HOUSING ELEMENT PROGRESS REPORT, HOUSING SUCCESSOR
ANNUAL REPORT AND PROGRESS REPORT FOR THE GENERAL PLAN
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the 2022 Annual Housing Element Progress Report, Housing Successor Annual Report, and Progress Report for the General Plan.
ANTIOCH CITY COUNCIL -4- MARCH 28, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
H. MEMORANDUM OF UNDERSTANDING WITH THE ANTIOCH HISTORICAL SOCIETY
FOR CHARITABLE BINGO OPERATIONS AT THE ANTIOCH SENIOR CENTER Reso No. 2023/45 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving a Memorandum of Understanding with the Antioch Historical Society for Charitable Bingo Operations at the Antioch Senior Center; and
2) Authorizing the Acting City Manager to execute the agreement.
I. AWARD OF AN AGREEMENT FOR PRINT AND MAIL SERVICES FOR UTILITY BILLING RFP 946-0203-23G
Reso No. 2023/46 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving award of an agreement for print and mail services of water utility bills to InfoSend for a five-year term, and
2) Authorizing the Acting City Manager to execute the contract in a form approved by the City Attorney.
J. RESOLUTION ACCEPTING COMPLETED IMPROVEMENTS AND THE RELEASE OF BONDS FOR AMCAL FAMILY/SENIOR APARTMENTS (P.W. 371-RA-57) Reso No. 2023/47 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting the completed improvement s, authorizing the Acting City Manager or designee to file a Notice of Completion for the project and the release of bonds for AMCAL Family/Senior Apartments (P.W. 371-RA-57).
K. FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR SERVICES RELATED TO THE WATER MAIN REPLACEMENT AT VARIOUS LOCATIONS PROJECT (P.W. 503-19)
Reso No. 2023/48 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the first amendment to the Consulting Services Agreement with Kleinfelder, Inc. for services related to the Water Main Replacement at Various Locations Project in the amount of $73,779 for a total contract amount of $123,779; and
2) Authorizing the Acting City Manager to execute the first amendment to the Agreement with Kleinfelder, Inc.
ANTIOCH CITY COUNCIL -5- MARCH 28, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
L. INITIATE PREPARATION OF THE STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT CITY ENGINEER’S REPORT FOR FISCAL YEAR 2023/24 Reso No. 2023/49 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution directing the City Enginee r to prepare a consolidated Engineer’s Report for Fiscal Year 2023/24 Street Lighting and Landscape Maintenance District assessments.
M. RESOLUTION ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2023/24 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL
ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTION
DISCHARGE ELIMINATION SYSTEM PROGRAM
Reso No. 2023/50 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Determining that the rate to be assigned to a single Equivalent Runoff Unit for Fiscal Year 2023/24 shall be set at twenty-five dollars ($25.00); and
2) Requesting the Contra Costa County Flood Control and Water Conservation District adopt Stormwater Utility Assessment Drainage levies based on the rate for a single Equivalent Runoff Unit for Fiscal Year 2023/24, which shall be set at twenty-five dollars ($25.00).
COUNCIL REGULAR AGENDA
4. SALES TAX CITIZENS’ OVERSIGHT COMMITTEE APPOINTMENT S FOR THE VACANCIES EXPIRING MARCH 2026
Reso No. 2023/51 adopted appointing Seanzell Lewis and Erika Raulston to the Sales Tax Citizens’ Oversight Committee for the vacancies expiring March 2026, 5/0 Recommended Action: It is recommended that:
1) The Mayor nominate s two (2) member s to the Sales Tax Citizens’ Oversight Committee for the vacancies expiring March 2026.
2) The City Council appoint [Seanzell Lewis and Erika Raulston] by resolution as members to the Sales Tax Citizens’ Oversight Committee for the vacancies expiring March 2026.
ANTIOCH CITY COUNCIL -6- MARCH 28, 2023
COUNCIL REGULAR AGENDA – Continued
5. TOBACCO ORDINANCE DISCUSSION
Council consensus to bring back an amended ordinance to rescind “Local Restrictions No. 4-6”; and allow sale or transfer of business to another party Recommended Action: It is recommended that the City Council receive and file this report and offer any questions or direction to staff.
6. RENTAL INSPECTION PROGRAM INFORMATION
Council consensus to re-establish the program
Recommended Action: It is recommended that the City Council receive and file this report and offer any questions or direction to staff.
7. DEPARTMENT OF PUBLIC SAFETY AND COMMUNITY RESOURCES (P.W. 289-15) Council consensus to support the project
Recommended Action: It is recommended that the City Council provide direction for the design approval and funding of the Department of Public Safety and Community Resources.
8. ECONOMIC DEVELOPMENT COMMISSION REVIEW OF PAST PURPOSE AND
FUTURE VALUE
Council consensus to bring back formation of an ad hoc committee Recommended Action: It is recommended that the City Council discuss the future relevance of the Economic Development Commission.
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 Acting City Manager – no longer than 6 months.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn Regular Meeting at 10:55 p.m., 5/0
SM- 1
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
SUBJECT: FY2023-25 Budget Development
RECOMMENDED ACTION
It is recommended that the City Council provide feedback and direction regarding the budget development information provided for the fiscal year 2023-25 budget.
FISCAL IMPACT
The fiscal impact of this budget is outlined in this report and attachments.
DISCUSSION
The purpose of this study session is to start a preliminary review of the General Fund.
The budget being presented this evening is status quo capturing only existing services provided and contracted for. New budget asks, which includes new positions, are outlined separately for consideration by the City Council. The intent is for the City Council to direct spending priorities within budget constraints.
Departments are requesting several new positions in this budget cycle to meet increasing service demands. New position requests from departments that directly or indirectly impact the General Fund have not been integrated into expenditure projections. The position requests included in this report are those that financially impact only the General Fund as that is the focus of this study session. Positions impacting other funds will be discussed during the applicable study sessions.
As the City Council deliberates the preliminary 2023-25 budget, the governing body is encouraged to consider balancing community needs and a fiscally sustainable budget.
The General Fund Defined
As a refresher for the public and the governing body, the General Fund is the main operating fund of the City and accounts for the majority of essential services provided, other than water. The General Fund is divided into separate cost centers depending on the purpose served which are referred to as departments with sub-groupings of divisions within each department. The departments supported by the General Fund are:
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 2
Legislative & Administrative (City Council, City Clerk, City Attorney, Human Resources, City Manager, Economic Development)
Finance
Non-departmental (this category is for general revenues to be spent on City services and accounts for expenses not specific to a department or division) Public Works (other than water/sewer)
Engineering (new department proposed to be separated from Public Works with this budget cycle)
Police (includes Animal Shelter subsidy)
Community Development
Public Safety and Community Resources (other than CDBG, Housing Successor and Environmental Services which are accounted for in Special Revenue Funds) Recreation Services (subsidy to Recreation Fund)
While there are fees, charges and permits that fund a portion of departments directly within the General Fund, the majority of revenues that the General Fund receives are general purpose and offset the remaining cost of operations not covered by targeted revenues. These general revenues include property taxes, sales taxes, business license taxes and franchise fees.
A budget should be balanced, meaning that the expenditures in any given fiscal year should not exceed revenues. In 2018, the City established a Budget Stabilization Fund to maintain a minimum 20% unassigned fund balance within the General Fund. When established, the purpose of this fund was to provide a means of handling unexpected General Fund budget variances, unanticipated projects and/or expenses, and unfunded liabilities. The proposed budget as presented reflects using the Budget Stabilization Fund to balance the budget each fiscal year for expenses that exceed revenues. Any additional programs and/or services that are added to the General Fund without adjustments to other programs or services will result in more funding from the Budget Stabilization Fund being utilized, which in its nature as created, is not to fund on-going programs.
Reserve Policy
The City has an adopted reserve policy that the General Fund unassigned (not committed for other purposes) fund balance will be a minimum of 20% of General Fund operating revenues. The percentage for each fiscal year budget is shown at the bottom of Chart A.
Unfunded Liabilities
As of June 30, 2022, the City of Antioch has the following unfunded pension and other post-employment benefit (OPEB) liabilities:
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 3
Pension OPEBPlan Liability Liability TotalMiscellaneous 41,724,990$$ 41,724,990$Safety 39,313,71339,313,713Police Supplementary 354,906354,906OPEB21,758,875 21,758,87581,393,609$ 21,758,875$ 103,152,484$
City Council directed to begin funding the full actuarial determined contribution (ADC) for OPEB verses pay-as-you-go funding beginning in FY2019-20 from the Budget Stabilization Fund. At an estimated annual cost of $1.2-$1.3M per year, this money is held and invested by the Citys Section 115 Trust held with CalPERS. This decision resulted in the actuarial determined unfunded liability dropping approximately $25M from having a systematic payment plan allowing for a higher rate of return to be utilized in calculating the Citys long-term liability. As of June 30, 2022, when the latest OPEB liability was calculated, the City had $18,793,993 in the trust which can only be used to pay for OPEB benefits.
CalPERS Employer Contributions
The City contribution rates included in the FY2023-25 budget are as follows:
Tier FY23 FY24 FY25Miscellaneous Classic/PEPRA 39.210% 36.31% 35.00%Safety Classic 95.142% 101.805% 104.805%Safety 2nd Tier 24.360% 27.63% 28.183%Safety PEPRA 13.660% 14.50% 14.645%City Contribution Rate The Safety Classic and 2nd Tier rates in the table are net of 3% employee pickup of City rate. FY23 and 24 rates have been provided by CalPERS. FY25 rates are assumptions based on data from the CalPERS actuarial valuation reports. However, for the Safety Classic Plan, City rates have been increasing exponentially the last couple of years beyond City projections. FY21 increased 12.367% over FY20 and FY22 increased
9.978% over FY21 and FY23 increased 7.86% over FY22. The actual FY25 rates for all tiers will not be provided by CalPERS until sometime after July 2023. Should the increase be beyond projections, a budget amendment will be required.
Subsidies to City Services
The City operates recreation programs, an animal shelter and a marina which are accounted for in separate funds of the City. The General Fund has always subsidized recreation programs and the animal shelter as these programs/facilities do not generate enough operating revenue to cover expenditures. Beginning in FY22, the marina started Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 4
to require a subsidy to fully fund the operating expenditures of the facility and it is projected that support will be continued into outlying years.
CHART A
GENERAL FUND BUDGET SUMMARY
2022-23 2023-24 2024-25
Revised Proposed Proposed
Beginning Balance, July 1 $34,730,176 $34,730,176 $34,730,176 Revenue Source:
Taxes 55,424,868 56,470,047 58,418,633
1% Sales Tax 21,036,699 21,145,433 21,727,902
Licenses & Permits 2,404,481 2,750,240 2,750,240
Fines & Penalties 77,123 75,100 75,100
Investment Income & Rentals 641,000 665,000 675,000
Revenue from Other Agencies 831,194 142,000 142,000
Current Service Charges 5,846,521 4,917,821 5,049,409 Other Revenue 682,431 520,200 520,200
Transfers In 4,421,392 4,372,793 4,405,014
Total Revenue 91,365,709 91,058,634 93,763,498
Expenditures:
Legislative & Administrative 6,485,240 6,443,085 6,823,885 Finance 1,895,638 2,023,574 2,238,257
Nondepartmental 8,305,467 4,692,768 5,006,965
Public Works 13,825,520 10,815,481 11,631,300
Engineering 0 2,073,189 2,069,236
Police Services 52,235,828 54,716,392 56,862,228
Police Services-Animal Support 1,923,994 2,103,368 2,277,869 Recreation/Community Svs. 4,633,428 4,051,848 4,230,074 Public Safety & Community Resources 2,455,509 2,920,230 3,041,632 Community Development 6,274,473 7,659,544 8,496,214
Total Expenditures 98,035,097 97,499,479 102,677,660 (Deficit) (6,669,388) (6,440,845) (8,914,162)
Budget Stabilization Transfer 6,669,388 6,440,845 8,914,162 Ending Balance, June 30 $34,730,176 $34,730,176 $34,730,176 Committed-Comp. Absences 150,338 150,000 150,000
Committed-Litigation Reserve 500,000 500,000 500,000
Committed-Comm. Dev. Fees 1,020,135 1,240,135 356,546 Unassigned Fund Balance $33,059,703 $32,840,041 $33,723,630 Percentage of Revenue 36.18% 36.06% 35.97%
Utilizing the Budget Stabilization Fund, each fiscal year is balanced, however the goal each year should be to spend within General Fund revenues and not pull from the Budget Stabilization Fund. The reserve policy is met, achieving over a 20% unassigned fund balance each fiscal year. A discussion of revenues and expenditures follows.
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 5
Revenues
The major categories of revenues are broken out in the pie charts below showing where the Citys General Fund money comes from. A majority of revenues are generated from taxes, 85% in both FY24 and FY25.
The proposed budget includes the following revenue assumptions:
FY24 and FY25 project a 4% property tax increase each fiscal year based on the cooling housing market due to rising interest rates.
1.24% increase in sales tax in FY24 and 3.36% in FY25 based on projections from the Citys sales tax consultant.
Cannabis fee revenue of $2,000,000 in FY24 and $2,125,000 in FY25.
62%
23%
3%1%
5%
5%
1%
FY24 & FY25 Revenues
Taxes
1% Sales Tax
Licenses/Permits
Invest Income
Transfer In
Service Charges
Other
34%
27%
25%
7%
5%2%
FY24 & FY25 Taxes
Property Tax
1% Sales Tax
Sales Tax
Franchise
Business License
Other Taxes
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 6
1% Sales Tax Allocation
Measure W was passed by Antioch voters in November 2018 and became effective April 1, 2019. It is referred to as 1% Sales Tax in the budget. The tax is a general-purpose tax, meaning that it can be used for any lawful purpose of the City. During the FY2021- 23 budget process, City Council allocated the funds as follows:
1. All Code Enforcement personnel costs and one Planner in Community Development.
2. The entire cost of the Youth Network Services program in the Public Safety and Community Resources Department.
3. The cost of one Human Resources Technician in Human Resources.
4. The cost of one Accountant in Finance.
5. The cost of a four-person Abatement Team, one Engineer, one Landscape Maintenance Worker, and one Facility Maintenance Worker in Public Works.
6. Recreation programs and services calculated as the amount exceeding the cost of the 2019 General Fund budgeted subsidy as a base year amount (so as not to replace the General Fund subsidy represent additional investment in Recreation).
7. Any remaining funds after the previously listed allocations were provided to fund Police Department costs.
For this draft budget, City Council direction on the allocation is requested. It is important to keep in mind that Measure W does not provide additional resources beyond the General Fund revenue projections, it is merely what the City Council chooses to dedicate Measure W funding to within the General Fund.
Expenditures
9%
5%
11%
2%
56%
2%
4% 3%
8%
FY24 & FY25 Expenditures by Department
Administration9%
Nondepartmental5%
Public Works11%
Engineering2%
Police56%
Animal Support2%
Recreation Support4%
Public Safety & Comm. Res.3%
Community Development8%
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 7
CHART B
GENERAL FUND BUDGET BY EXPENDITURE CATEGORY
June 30, June 30, June 30,2023 2024 % 2025 %Revised Proposed Change Proposed ChangeExpenditures: Personnel $58,146,028 $65,146,166 12.0% $68,741,594 5.52% Services and Supplies 33,126,572 28,000,381 -15.5% 28,731,337 2.61% Transfers Out 9,767,518 8,449,581 -13.5% 9,301,378 10.08% Internal Services (3,005,021) (4,096,649) 36.3% (4,096,649) 0.00%Total Expenditures $98,035,097 $97,499,479 -0.5% $102,677,660 5.31%
*Excludes internal services
Personnel costs increase in FY24 over FY23 due to: vacancy savings recognized in FY23; 4% approved cost of living increase; step increases for eligible employees; increased pension and other benefit contribution costs that occur each year. FY25 increase over FY24 due to 3% approved cost of living increase; step increases for eligible employees and increased pension and other benefit contribution costs that occur each year.
Services & Supplies variances are explained in Attachment A draft budget worksheets.
Transfers out decrease in FY24 from FY23 includes transfers out to the Capital Improvement Fund for CIP projects in FY23. FY25 increase due to increases in the subsidies to Recreation, Animal Services and the Marina Fund.
Internal Services represent the costs allocated to other funds as determined by the Citys 2023 update to the Cost Allocation Plan. The amount remains the same in 2025 and will be re-evaluated again in the 2025-27 budget cycle.
64%
28%
8%
FY23/24 Proposed*
Personnel
Services &
Supplies
Transfers Out 64%
27%
9%
FY24/25 Proposed*
Personnel
Services &
Supplies
Transfers Out
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 8
ADDITIONAL BUDGET REQUESTS (POSITIONS/OTHER) BY DEPARTMENT Several additional budget items, including positions, are being requested by departments.
Only those that have a direct or indirect financial impact on the General Fund are included in this report for consideration. Other budget items and positions that impact other funds will be discussed at future budget study sessions.
City Attorney
The City Attorneys office additional budget request is for staffing and budget for a fee study related to rent stabilization:
1. Assistant City Attorney. Currently, a significant portion of police legal services are outsourced at an expense to the City, estimated at a cost of $300,000-$350,000 annually, dependent on the volume of legal assistance required. Therefore, the City Attorneys Office is requesting an Assistant City Attorney to assist in providing legal advice for contracts, participate in the Pitchess/Brady process, and to aid in the police decertification legalities of SB2. Further duties would include assessment and presentation of legal updates that might require training or policy amendments and review of Public Records Act requests, which will become increasingly more complex with current and future legislative changes. This position will reduce legal expenses related to outsourcing legal services. The position may provide additional cost-savings in the form of risk management and liability mitigation. When not working on police matters, this attorney would be assigned work in other departments throughout the City. We believe this position would pay for itself through the reduction of contract legal services costs. The FY24 estimated annual salary and benefits cost range (Step A to E) is $297,016 to $354,057. The position would also require an initial outlay of approximately $5,000 for computer and other start up supplies.
2. $50,000 is being requested in FY24 for a fee study for the rent stabilization program. The fee study would establish appropriate fees to charge landlords for staffing and related costs of maintaining an office for the rent stabilization program.
Engineering
The City Managers office had previously presented a re-organization of the Public Works, Community Development and Engineering functions that currently exist in the municipal code to the City Council. An item to introduce an ordinance change and consideration of a new City Engineer department director was brought to City Council on March 14th. City Council tabled the item until a future meeting. However, for budget purposes, should the City Council be in support of the re-organization and create a new City Engineer director position, the fiscal impact would be as follows:
1. City Engineer. Creating this position would separate the current Public Works Director/City Engineer position into two distinct and separate positions. The estimated FY24 annual salary and benefits cost at Step E is $386,492 with an additional outlay of approximately $5,000 for computer and other start up supplies.
The job specification and salary scale would need to be created and brought back to City Council for approval.
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 9
Staff may also consider other organizational models to address the current challenges and vacancies.
Finance
The Finance Departments additional budget request is for staffing only:
1. Accounting Technician Water Department (reclassification). This position would reclassify an existing budgeted Customer Service Representative (CSR) position, which is budgeted 10% General Fund and 45% each to the Water and Sewer Funds, to an Accounting Technician. There is currently only one Accounting Technician position assigned to the water utility area that creates and monitors approximately 33,000 utility bills per month, posts adjustments to water accounts, pulls payment packets from the third-party processor, creates statistical reports and other water utility reports for other agencies, among a variety of other complex duties. This position is also supposed to process monthly miscellaneous accounts receivable for the City but has no capacity to do so with the volume of other work, so that function is handled by the supervisor and Finance Director as a backup.
When that employee is absent, the supervisor or a CSR (that doesnt have full training in the role) has to backfill the job duties. Due to volume of work, it is requested to reclassify a budgeted CSR to an Accounting Technician to align with the needs of the water department to accomplish all tasks in an efficient and timely manner and to provide another level of support to utility billing functions. The estimated FY24 General Fund budget impact is $2,684 and $12,082 to each of the Water and Sewer Fund.
2. Accounting Technician Accounts Payable. The City currently has only one position responsible for processing weekly accounts payable transactions, which includes purchase order processing, manual invoice requests, responding to vendor and department inquiries, and tracking retainages for capital projects.
Approximately 544 accounts payable records are processed weekly and fiscal year to date over 18,000 records have been processed. The position also reconciles, prepares and files annual 1099 forms, sales tax remittances and the Council warrant reports among other duties. The volume of invoices to process has increased significantly over the last several years as the City grows. A variety of other team members have to assist and be trained whenever the position is absent, vacant or has to many invoices to process in any given week that exceed the available time in order to meet payment deadlines. An additional Accounting Technician position is being requested to meet service needs. The estimated FY24 annual salary and benefit range (Step A to E) is $127,339 to $147,609.
Should the City Council not be willing to add this position, it is requested that City Council approve funding this position in lieu of a budgeted, but unfilled, Finance Analyst position due to the higher priority need in Finance which would provide some budget savings ($20,868 estimated for FY24). Funding the Finance Analyst could then be re-visited in the next midyear budget cycle.
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 10
Human Resources
The Human Resources Departments additional budget request is for staffing only:
1. Human Resources Manager. This would be a new position classification. With the increase in City staff and new departments being created, additional Human Resources support is needed. The Manager would assist the Director managing projects, supervision of staff, serve as second in command in Directors absence and other higher complex duties as needed. The estimated FY24 annual salary and benefits cost range (Step A to E) is $196,984 to $232,455, with an additional $5,000 needed in the first year for startup supplies and equipment.
2. Administrative Analyst II/III. The position would assist with staff reports, creating and updating class specifications, maintain the class and compensation schedule, create and update policies, assist with confidential employee investigations and discipline and provide overall administrative support. The estimate salary and benefit range cost range (Step A of II to Step E of III) is $184,420 to $236,025, with an additional $5,000 needed in the first year for startup supplies and equipment.
Economic Development
The Economic Development Departments additional budget request is for staffing only:
1. Administrative Analyst I. Annual salary and benefits from Step A to E is estimated to be $167,492 to $196,587, with an additional $5,000 needed in the first year for equipment and supplies. Should this position be approved, part time salaries can be eliminated in the amount of $22,000 and $23,000 in FY24 and 25 respectively.
This position is being requested to support:
1. contract management
2. grant support
3. monitoring and maintenance of the business database
4. monitoring and maintenance of the commercial property database
5. additional support for the implementation of visitation, retention, expansion, and attraction programs by identifying and contacting any of the over 3,300 companies that operate in Antioch
6. focus and provide attention to the Rivertown Dining/Business District
7. social media efforts
8. business outreach
9. clerical duties of department such as phones, emails, etc.
Public Works
Public Works staffing requests will be discussed as part of the Enterprise Funds review at a future budget meeting. Other budget requests impacting the General Fund are as follows:
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 11
Other Public Works Budget Requests:
FY23 FY24 FY25
Two New Trucks $178,784 $0 $0
Vehicle Replacement 0 52,000 0
Paver Replacement 0 0 306,098
Furniture Replacement 0 4,732 0
Sandblaster Trailer 0 60,000 0
Thermos Stripper 0 100,000 0
Flatbed Trailer 0 40,000 0
Total Budget Requests $178,784 $256,732 $306,098
Recreation
This request addresses staffing only. Recreation has other new budget requests which will be discussed at a future budget meeting.
1. Recreation Coordinator Sports. The addition of a sports coordinator will allow Recreation to continue the current rapid expansion of sports programs since the end of the COVID-19 pandemic. Currently the sports fields have capacity for additional programming, but there is not adequate staff to add additional programming such as additional baseball, flag football, basketball, soccer, and other sports programming. The community has expressed desire for additional little league programming, and there is the possible opportunity of utilizing the Babe Ruth fields, which are owned by Corteva and have been vacant since the Antioch Little League folded. While this position would reside in the Recreation Special Revenue Fund, it would result in an increase in the General Fund subsidy to the Recreation Fund for the cost of the position. The FY24 estimated salary and benefits cost range (Step A to E) is $133,082 to $154,757 with an additional $5,000 in computer and other start up supplies needed.
2. Recreation Services Manager. The Recreation Services Manager will serve as the 2nd in command of the department. This position will primarily oversee operations of the Parks and Recreation Department. This will provide the department with additional leadership depth and provide a bridge between the Supervisor and Director that can serve as a path for career advancement. The Recreation Services Manager will have direct oversight of all programs at the Antioch Community Center and City Parks (Sports), while the Director will maintain direct oversight of the Antioch Water Park and Antioch Senior Center/NRCC. With the rapid expansion of programs and special events, evening and weekend attendance will be split between the Director and Recreation Services Manager. This will allow the Director to take on additional projects the department desires to implement that have taken a back seat to immediate and/or operational needs. While this position would reside in the Recreation Special Revenue Fund, it would result in an increase in the General Fund subsidy to the Recreation Fund for the cost of the position. The FY24 estimated salary and benefits cost range (Step A to E) is Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 12
$205,325 to $242,587 with an additional $5,000 in computer and other start up supplies needed.
3. Two (2) Recreation Services Assistants New Classification. The Recreation Assistant will be the entry-level, full-time role for the Parks and Recreation Department. This classification will be a blend of direct program implementation and program planning. One position will be assigned to the Antioch Community Center and the other will be assigned to the Antioch Senior Center/Nick Rodriguez Community Center. The position assigned to the Community Center will work an altered schedule, perhaps Thursday-Monday, 1pm-10pm. This person will be primarily responsible for overseeing events and activities that occur outside of business hours. Currently, full time staff is often called in during these hours for complex and difficult conversations around these programs that part-time staff are not equipped to handle. The position at the Senior Center will focus on customer service, basic administrative functions, as well as setup and teardown of daily activities and events. The salary range is envisioned to align with Administrative Assistant III (Non-exempt) and be represented by OE3. While this position would reside in the Recreation Special Revenue Fund, it would result in an increase in the General Fund subsidy to the Recreation Fund for the cost of the position. The FY24 estimated salary and benefits cost range (Step A to E) is $122,363 to $141,741 per position with an additional $5,000 in computer and other start up supplies needed for both.
4. Reclassification of one Administrative Assistant II to either Administrative Assistant III or Recreation Services Assistant (if position classification approved by City Council). The Administrative Assistant overseeing facility rentals has the working title of Facilities Coordinator. Upon review of the work plan of this position, it has been determined that the Administrative Assistant III classification will be a better fit. The Administrative Assistant III Job Specification states that it is distinguished from Administrative Assistant I/II by the performance of complex technical assignments or program responsibility. As this position oversees the rental program for the department, Administrative Assistant III would be a better fit.
Alternatively, since the requested Recreation Services Assistant position would have the same salary range and similar level of responsibility, this classification could be used as well. While this position resides in the Recreation Special Revenue Fund, it would result in an increase in the General Fund subsidy to the Recreation Fund for the cost of the increase. The estimated FY24 budget impact of the reclassification is $5,123.
Police
The Police Department has new position and budget requests as follows:
Staffing
1. Police Evidence Supervisor. This position is being requested in order to re-assign an existing Corporal position completing the duties of this new position to alternate functions. This new position will be responsible for overseeing the intaking, logging, and storage of evidence in the department. This position is critical as the Property and Evidence division currently has no direct supervisor. This position classification does not currently exist and will need to have specifications and a Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 13
salary range brought back for approval. The FY24 estimated salary and benefits range (Step A to E) is $201,540 to $237,998.
2. Two (2) Police Dispatchers. Two positions are being requested to support the added interactions, duties and responsibilities involved with supporting the personnel from the CART/Felton Institute Crisis Response Team, Code Enforcement and SP Plus parking enforcement. The FY24 estimated annual salary and benefits cost range (Step A to F) is $157,791 to $198,908 per position.
3. Seven (7) Police Officers in FY25. Additional Police Officers would further aid in fully staffing patrol, as well as increasing personnel in special assignments such as traffic and pro-active teams, to reduce crime, improve quality of life, and provide better service to our fast growing community. In Antioch, we have approximately one officer authorized per 1,000 people, which is below the national average of 2.4 officers per 1,000 people, but also below most of our neighboring cities. Additional staffing would allow for significant improvement to response times and potentially a reduction of overtime expenses. The FY25 estimated annual salary and benefits cost range (Step A to E) is $198,300 to $406,337 per officer.
4. Reclassification of Office Assistant position in Animal Services to a Customer Service Representative position. This reclassification is requested to better reflect the duties and responsibilities required. The position is a customer facing, front desk position, working directly with the public and not internally. Although this position lies within the Animal Services Special Revenue Fund, it would result in an increase of the General Fund subsidy to Animal Services. The FY24 estimated annual salary and benefit impact is $4,135.
5. Volunteer Coordinator Animal Services. The new volunteer program launched in August 2021 has been well received and the number of active volunteers has grown to more than 75. However, without a dedicated, full-time Volunteer Coordinator to manage the growing number of volunteers, the volunteer program is limited in scope. A dedicated Volunteer Coordinator would be able to increase volunteer engagement and expand the program to fulfil our needs, thus helping to increase pet adoptions. A Volunteer Coordinator for Animal Services was specifically noted as needed in Contra Costa Grand Jury Report 2105. This position does not currently exist and a job specification and salary scale would need to be created and brought back to City Council for approval. Although this position lies within the Animal Services Special Revenue Fund, it would result in an increase of the General Fund subsidy to Animal Services. The FY24 estimated annual salary and benefit range (Step A to E) is $133,127 to $154,803.
6. Pet Adoption/Foster/Rescue Coordinator Animal Services. Pathway planning for shelter pets is an integral part of ensuring pets move through the shelter in a timely manner. Currently, several animal services personnel work together to ensure pets are put on the correct path. To determine the correct pathway, each pet must be individually evaluated for health and temperament several times during their stay in the shelter. As the proper pathway is determined, a staff member must begin the processes needed for placing the animal up for adoption, into a rescue or into a foster home. With an average of 80 pets in the shelter daily, coordinating this Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 14
process between multiple employees is an exhaustive process. One which often results in delays in placement due to confusion on who is handling the process for each individual pet. There needs to be one employee, the Pet Adoption/Rescue/Foster Coordinator, designated to handle this responsibility for the department, so other employees can focus on their intended duties. This position does not currently exist and a job specification and salary scale would need to be created and brought back to City Council for approval. Although this position lies within the Animal Services Special Revenue Fund, it would result in an increase of the General Fund subsidy to Animal Services. The FY24 estimated annual salary and benefit range (Step A to E) is $133,127 to $154,803.
7. Registered Veterinary Technician Animal Services. Animal Services currently relies upon one Registered Veterinary Technician (RVT) to assist the veterinarian with medical care and surgery for all shelter pets. With only one RVT, we are limited in the number of spay/neuter surgeries that can be completed. Adding a second RVT would increase our surgery capacity and allow us to provide medical care for shelter pets earlier in their stay at the shelter. Additionally, without a second RVT available when the one current RVT is on leave, surgeries come to a halt, which causes an increased length of stay for all pets in the shelter. An increased length of stay causes a domino effect, as pets are held longer, overcrowding causes a higher workload for animal care staff and the potential for disease in the shelter increases drastically. If spay/neuter surgeries must be outsourced during an RVT absence, the cost for these surgeries is approximately $10,000.00 per week. Although this position lies within the Animal Services Special Revenue Fund, it would result in an increase of the General Fund subsidy to Animal Services. The FY24 estimated annual salary and benefit range (Step A to E) is $113,056 to $130,411.
Note that all positions would require additional budget for uniforms, equipment, training, etc. if approved.
Other Police Budget Requests:
FY24 FY25
Vehicle Replacements $576,318 $541,272
Community Cameras 200,000 200,000
Taser Replacements 100,000 100,000
New Evidence Van 50,000 0
New Cubicles/Desks for Records 75,000 0
New Chairs for Dispatch 10,000 0
New Recording System for Dispatch 35,000 0
StarChase Subscription 60,000 60,000
Stop Sticks 10,000 10,000
SWAT replacement robot, drone, sniper
rifles
116,000 0
Total Budget Requests $1,232,318 $911,272
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 15
Public Safety and Community Resources
Additional budget requests are as follows:
1. It is anticipated that this Department will be allocated $400,000 from the County Probation Department. The funds are not included in the draft budget as there is no formal documentation or agreement as of yet, or clear direction on what the funds can be spent on. In preparation for the anticipated funding, the City has been exploring leasing a storefront at the Sycamore Plaza as a resource center.
Preliminary research indicates that the City may be able to lease the space for a term of three years at $30,000 annually. It is unclear if the lease, or any portion thereof, can be paid for from the County funds which means potential General Fund impact could be $90,000 over the three-year period.
2. Part time help for the Community Engagement Coordinator in the amount of $26,289 in FY24 and $26,339 in FY25.
3. Extension of Delta Landing contract in the amount of $383,250 each fiscal year if agreed upon by County.
4. Purchase of two staff vehicles in FY24 at a budgeted cost of $90,000.
The next table is a summary of the positions with their costs at the highest step and additional budget requests to reflect the total potential General Fund budget impact to aid the City Council in their evaluation.
Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 16
SUMMARY OF GENERAL FUND POSITION AND OTHER BUDGET REQUESTS As outlined above, the impact to the General Fund of all positions is $6,170,472 (although the Officer positions are requested for FY25) if all were filled at the highest step. This amount will increase in FY25 due to COLAs and other benefit increases. Council direction is requested on each position and additional budget requests to include or exclude from the proposed General Fund budget. Based on current General Fund projections, the City cannot fiscally sustain approving all of these positions and additional asks. Funding these will increase General Fund expenditures and further reduce reserves, completely depleting Budget Stabilization Funds by the end of 2025 and General Fund reserves by fiscal year 2027. Projections with staffing and other budget requests are included in Attachment B.
ONE-TIME REVENUES
At the close of FY21, there was $1,051,661 in non-police salary savings considered one- time revenues under current City policy. With the close of FY22, there was an additional $950,823 in non-police salary savings, bringing the total for both fiscal years to FY24Estimated MaxPosition Requests CostDeputy City Attorney 354,057$ City Engineer 386,492 Accounting Technician (Water Dept) 2,684 Accounting Technician (Accts Payable) 147,609 Human Resources Manager 232,455 Adminstrative Analyst (HR) 236,025 Adminstrative Analyst (Econ Development) 174,587 Recreation Coordinator 154,757 Recreation Services Manager 242,587 Two Recreation Services Assistants 283,482 Reclass Admin Asst II to Admin Asst III (Recreation) 5,123 Police Evidence Supervisor 237,998 Two Police Dispatchers 397,816 Seven Police Officers (requested for FY25) 2,844,359 Reclass Office Asst to CSR (Animal Services) 4,135 Volunteer Coordinator 154,803 Pet Adoption Coordinator 154,803 Registered Veterinary Technician 130,411 Part Time Help for Community Engagement Coordinator 26,289 Total FY24 Estimated Maximum Cost of All Positions 6,170,472$ Other Budget Requests FY23 FY24 FY25Public Works Requests 178,784$ 256,732$ 306,098$ City Attorney Request -$ 50,000 - Police Department Requests - 1,232,318 911,272 Public Safety and Community Resources Requests - 503,250 413,250 Total Additional Budget Requests 178,784$ 2,042,300$ 1,630,620$ Antioch City Council Report
March 28, 2023 Agenda Item #SM-1 17
$2,002,484 available for spending. On December 13, 2022, City Council allocated $400,000 to Water Park slide structure repairs leaving $1,602,484 unspent.
Funds should be allocated to projects one-time in nature. Ideas that have been proposed since 2021 include:
a) Apply all funds to unfunded liabilities. In prior years, 50% of funds were applied to unfunded liabilities which allowed the City to fully fund the Police Supplemental Retirement Plan. However, with market volatility and a required change in the discount rate, this plan has gone from being over funded to now having a liability of $354,906 should the Council want to consider again paying down this liability.
b) Hard House rehabilitation costs.
c) Public Safety and Community Resources building costs that may exceed the $4.3M in ARPA funding already allocated.
d) Emergency Operations Center (EOC) upgrades at an estimated cost of $600,000.
e) Allocate funds to Recreation to be used at the Nick Rodriguez/Senior Center building for upgrades, repairs and maintenance needs.
f) Allocate $110,000 to 4th of July funding for the budget amendment that was approved on March 14th.
g) Keep funds in General Fund reserves to reduce future use of Budget Stabilization funds.
h) Leak repairs in City Hall, including windows and roof.
It is requested that City Council deliberate and provide direction on the allocation of these funds as it has been a continued discussion since late 2022.
NEXT STEPS
Budget sheets by each department and then division are included in Attachment A for review, discussion and feedback from the City Council. The next budget study session will be April 11, 2023 at 5:30 p.m. to continue the fiscal year 2023-25 budget development.
ATTACHMENTS
A. Draft Budget Sheets by Department
B. General Fund Projections
Attachment A
ATTACHMENT B
PRESCRIPTION DRUG ABUSE AWARENESS MONTH
March 2023
WHEREAS, when used as prescribed by a doctor, prescription medicines such as stimulants, sedatives and opioids can be helpful in treating many illnesses, but when these medications are misused, they can have serious consequences;
WHEREAS, many
risks, including addiction, drugged driving, infectious disease, and adverse effects on pregnancy;
WHEREAS, anyone who takes prescription opioids can become addicted to them. In fact, as many as one in four patients receiving long-term opioid therapy in a primary care setting struggles with an opioid use disorder (OUD);
WHEREAS, in Contra Costa County 2021, there were 498,097 opioid prescriptions given to patients, which is an age-adjusted rate of 349.6 per 1,000 residents, higher than the state rate of 321.7. The Centers for Disease Control and Prevention (CDC) recommends avoiding taking benzodiazepines while taking prescription opioids whenever possible due to risk of overdose;
WHEREAS, in 2021, a total of 21,016 emergency department visits occurred in California that were related to an opioid overdose and 341 of those visits occurred in Contra Costa County;
WHEREAS, according to the Center for Disease Control (CDC), 106,699 drug overdose deaths occurred nationally in 2021; 80,411 were from opioids, and 183 of those opioid related overdose deaths occurred in Contra Costa County;
WHEREAS, Synthetic opioids other than methadone (primarily fentanyl) and stimulants such as methamphetamine were the main drivers of drug overdose deaths in the U.S. in 2021;
WHEREAS, to help prevent substance use disorder and overdose deaths, the Antioch City Council encourages community members to dispose of their expired and unwanted prescription drugs throughout the year and safely store those still needed; and
WHEREAS, The Contra Costa County Medication Education and Disposal Safety (MEDS) Coalition engages all community members in the county to participate in Prescription Drug Abuse Awareness Month activities to raise prescription drug safety awareness.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby declare March 2023 as Prescription Drug Abuse Awareness Month, and encourage all citizens to participate in prescription drug abuse related prevention programs and activities. The Antioch City Council also
MARCH 28, 2023
____________________________________
LAMAR A. THORPE Mayor
1 03-28-23
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
ANTIOCH PUBLIC FINANCING AUTHORITY
Regular Meeting February 14, 2023
7:00 P.M. Council Chambers
6:30 P.M. - CLOSED SESSION
Mayor Thorpe called Closed Session to order at 6:30 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe
1. 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.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY. This closed session is authorized pursuant to Government Code section 54957(b)(1).
PUBLIC COMMENTS None
ADJOURN TO CLOSED SESSION
Mayor Thorpe adjourned to Closed Session at 6:32 P.M.
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the meeting to order at 7:25 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
A
03-28-23
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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, no reportable action and, #2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY, direction was given to the City Attorney.
1. INTRODUCTION OF NEW CITY EMPLOYEES
Interim Director of Public Works/City Engineer Buenting introduced Rachel Harris, Assistant Public Works Technician, Andrew Finley, General Laborer and Juan Luis Garcia Codinez, General Laborer, who thanked Interim Director of Public Works/City Engineer Buenting for the introduction and stated the looked forward to serving the City.
Finance Director Merchant introduced Emily Modar, Business License Representative I, who thanked Finance Director Merchant for the introduction and stated she looked forward to serving the City.
Director of Community Development Ebbs announced introductions of new employees for Community Development would be rescheduled for March 14, 2023.
Police Chief Ford introduced Andrew Schnitzius, Community Service Officer, Ryan Tryner, Community Service Officer, Vanessa Flores, Community Service Officer (not in attendance), Cathie Marlow, Lead Records Technician and Cat Cottle, Animal Services Supervisor who thanked Police Chief Ford for the introduction and stated they looked forward to serving the City.
Director of Parks and Recreation Helfenberger introduced Jun Clyde Aquino Gandia, Recreation Supervisor and Dustin Daroy, Aquatics Maintenance Worker, who thanked Director of Parks and Recreation Helfenberger for the introduction and stated they looked forward to serving the City.
Mayor Thorpe thanked the new employees for choosing public service.
2. PROCLAMATIONS
In Memory of Ronald A. Grant, Public Servant Leader
In Honor of Black History Month, February 2023
On motion by Councilmember Wilson, seconded by Councilmember Ogorchock the City Council unanimously approved the Proclamations.
Family members of Mr. Grant accepted the In Memory of Ronald A. Grant, Public Servant Leader proclamation.
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February 14, 2023 Page 3 of 10
Representatives from the ECNAACP accepted the In Honor of Black History Month, February 2023 proclamation.
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Householder announced the following Board and Commission openings.
Antioch Police Oversight Commission
ON MOTION BY COUNCILMEMBER WILSON, SECONDED BY COUNCILMEMBER
BARBANICA THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED REGULAR AGENDA ITEM #9, TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
COUNCIL REGULAR AGENDA
9. CONTRA COSTA COUNTY LIBRARY COMMISSION APPOINTMENT FOR ONE VACANCY EXPIRING JUNE 30, 2025 (ANTIOCH REPRESENTATIVE)
Mayor Thorpe nominated Dr. John M.Huh to the Contra Costa County Library Commission.
RESOLUTION NO. 2023/20
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously appointed by resolution Dr. John Huh to the Contra Costa County Library Commission for the vacancy expiring June 30, 2025.
City Clerk Householder administered the Oath of Office to Dr. Huh.
PUBLIC COMMENTS
Eddie, Della Currie, Kim Carlson, Devin Williams and Treyveon Carlson representing ACCE and Tachina Garrett, spoke in support of Council enacting Anti-Harassment and Just Cause ordinances.
Norma Hernandez, Antioch resident, reported on her attempts to meet with the City Attorney to discuss the legality of the tobacco ordinance and requested the tobacco ordinance be agendized for reconsideration.
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Ralph Hernandez, Antioch resident, discussed adverse side effects of vaccinations and commended the City for not requiring employees to be vaccinated.
Lucas Stuart-Chilcote wished Ms. Gardner well. He commented that he had installed a device on his vehicle to prevent catalytic converter theft and urged residents to be vigilant. He announced he won a seat as a delegate of the California Democratic Party for Assembly District
15. Leslie May requested Council advance a discussion on the creation of a committee to consider reparations in Antioch.
Frank Sterling spoke in support of reparations as well as Anti-Harassment and Just Cause ordinances. He encouraged the City to consider safety of the rail system running along the Delta.
Edgar advocated for improving street lighting along East 18th Street and addressing blight in plazas within District 1 and along major arterials. He announced the Antioch Boys Varsity Cross Country Team won the Bay Valley Athletic League title. He also announced the retirement of a local Veterinary Clinic.
Patricia Granados expressed concern regarding the investigation of the DOJ into the Antioch Police Department. She discussed harassment occurring in the community and suggested the community members watch films addressing racism.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Wilson reported on her attendance at a Delta Diablo meeting. She announced she would be attending a Conference next week.
Councilmember Torres-Walker reported on her participation in a meeting with Councilmember Wilson regarding the new location for the Department of Public Safety and Community Resources. She also reported on her attendance at a Levent. She recognized and thanked her stand-in Councilmembers.
Mayor Thorpe reported on his attendance at the Highway 4 Bypass Authority, East Contra Costa Regional Fee & Financing Authority (ECCRFFA), Contra Costa Transportation Authority (CCTA) and Tri Delta Transit meetings.
None
4. PRESENTATION
by Dignity Moves
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Elizabeth Funk and Joanne Price, representing Dignity Moves and Steve Good, representing Five Keys, gave the Dignity Moves PowerPoint presentation.
Andrew Becker, Devin Williams, ACCE, Lucas Stuart-Chilcote, Edgar, Patricia Granados and Frank Sterling spoke in support of a Homekey Project in Antioch for the unsheltered homeless.
Councilmember Ogorchock thanked the speakers for the presentation and spoke in support of a Homekey Project for Antioch.
Councilmember Torres-Walker and Councilmember Wilson thanked the speakers for the presentation and spoke in support of a Homekey Project for Antioch. They recognized Mr.
Becker for his attention to this matter.
Mr. Good explained their trauma informed care approach.
Mayor Thorpe Project Homekey RFP process. He stated he hoped there were competitive bids for several organizations including Dignity Moves for a future Homekey project.
Mayor Thorpe and Councilmember Torres-Walker acknowledged that timelines had been a challenge.
Ms. Funk commented that several cities had reached a legal decision that Homekey was the vetting process with the state and generally they did not have to reply to RFPs. She noted this matter was up to the discretion of the City.
financial commitment and obligation. She reported that staff had previously come forward with a request for $6M; however, only $2M was approved which had influenced the interest level of applicants.
Following discussion, Mayor Thorpe discussed the possibility of calling a special meeting to consider the financial pledge for the City. He suggested a sidebar conversation occur leading up to the special meeting to evaluate had not utilized the RFP process.
5. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency/Antioch Public Financing Authority
A. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JANUARY 13, 2023
B. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 24, 2023
C. APPROVAL OF COUNCIL WARRANTS
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
ANTIOCH CITY COUNCIL
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February 14, 2023 Page 6 of 10
E. ORDINANCE NO. 2223-C-S AND ORDINANCE NO. 2224-C-S SECOND READING CITY OF ANTIOCH 6TH CYCLE HOUSING ELEMENT UPDATE REZONE AND EAST LONE TREE SPECIFIC PLAN AMENDMENT (Introduced on 01/24/2023)
F. CITY OF ANTIOCH ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022
G. ANTIOCH PUBLIC FINANCING AUTHORITY BASIC FINANCIAL STATEMENTS
H. RESOLUTION NO. 2023/21 TERMINATING THE DECLARATION OF A LOCAL
EMERGENCY CONCERNING THE SEVERE WINTER STORMS
I. RESOLUTION NO. 2023/22 CONSIDERATION OF BIDS FOR THE ANTIOCH WATER PARK PERIMETER FENCE REPAIR (P.W. 567-11)
J. RESOLUTION NO. 2023/23 AB 361: RESOLUTION MAKING FINDINGS NECESSARY
TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR THE CITY
COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES
K. RESOLUTION 2023/24 APPROVING THE FINAL MAP, IMPROVEMENT PLANS AND SUBDIVISION IMPROVEMENT AGREEMENT FOR DEER VALLEY ESTATES 9518 (MERITAGE HOMES OF CALIFORNIA) (PW 681-2)
L. RESOLUTION NO. 2023/25 INCREASE TO THE PURCHASE ORDER OF NATIONAL AUTO FLEET GROUP FOR THE PROCUREMENT OF ELEVEN (11) POLICE
VEHICLES UTILIZING THE SOURCEWELL COOPERATIVE PURCHASING CONTRACT NO. 091521-NAF
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of items J and L which were removed for further discussion.
Item J Mayor Thorpe suggested the resolution have a date certain of February 28, 2023, since the state of emergency would be over at the end of February.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council approved Item J with an end date of February 28, 2023. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
Item L Councilmember Ogorchock stated that she believed the Antioch Police Department needed to oversee the purchase of their vehicles since they were aware of their needs.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
ANTIOCH PUBLIC FINANICING AUTHORITY
Regular Meeting
February 14, 2023 Page 7 of 10
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously approved Item L.
ON MOTION BY COUNCILMEMBER TORRES-WALKER, SECONDED BY
COUNCILMEMBER BARBANICA THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED PUBLIC HEARING AGENDA ITEM #7, TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER
BARBANICA THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED PUBLIC HEARING AGENDA ITEM #8, TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
PUBLIC HEARING
8. UP-22-15 USE PERMIT FOR DELTA DISTRIBUTION 2101 W. 10TH STREET, SUITE D
Associate Planner Cortez presented the staff report dated February 14, 2023, recommending the City Council adopt the resolution approving UP-22-15, a Use Permit for a cannabis distribution business at 2101 W. 10th Street.
Mayor Thorpe opened the public hearing.
Rick Hoke, Delta Distribution, explained distribution would occur within their facility with deliveries of their products from their extraction and cultivation facilities to the dispensary.
Ralph and Norma Hernandez, Antioch residents, discussed the adverse effects of cannabis use and businesses.
Patricia Granados spoke in support of cannabis use and businesses.
In response to Councilmember Ogorchock, Mr. Hoke reviewed the building tenants and site security plan.
Mayor Thorpe closed the public hearing.
RESOLUTION NO. 2023/26
On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker the City Council adopted the resolution approving UP-22-15, a Use Permit for a cannabis distribution business at 2101 W. 10th Street. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
ANTIOCH PUBLIC FINANICING AUTHORITY
Regular Meeting
February 14, 2023 Page 8 of 10
7. ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 8 OF THE ANTIOCH CODE OF REGULATIONS TITLE 24, 2019 EDITION OF THE CALIFORNIA BUILDING
STANDARDS CODES AND RELATED MODEL CODES AS AMENDED
Director of Community Development Ebbs presented the staff report dated February 14, 2023, recommending the City Council introduce, read by title only, and waive further reading of the ordinance amending Title 8 of the Antioch Municipal Code, adopting by reference the California Code of Regulations Title 24, 2019 Edition of the California Building Standards Codes and related model codes, as amended.
Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously introduced, read by title only, and waived further reading of the ordinance amending Title 8 of the Antioch Municipal Code, adopting by reference the California Code of Regulations Title 24, 2019 Edition of the California Building Standards Codes and related model codes, as amended.
6. BILLBOARD REGULATIONS (Z-22-04)
Senior Planner Merideth presented the staff report dated February 14, 2023, recommending the City Council introduce, waive the first reading, and read by title only the ordinance amending
Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously introduced, waived the first reading, and read by title only the ordinance amending
COUNCIL REGULAR AGENDA Continued
10. STREET SWEEPING SERVICES
Interim Director of Public Works/City Engineer Buenting presented the staff report dated February 14, 2023, recommending the City Council: 1) Provide direction to staff regarding service provider,
Delta Diablo, or bringing services in-house. 2) Provide direction to staff on a funding source for additional street sweeping services.
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HOUSING SUCCESSOR
ANTIOCH PUBLIC FINANICING AUTHORITY
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Lucas-Stuart-Chilcote suggested Council discuss installing signage mandating vehicles be removed during street sweeping to assist with identifying abandoned vehicle for abatement purposes.
In response to Councilmember Torres-Walker, Project Manager Buenting clarified that the cost for signage had not been included.
Mayor Thorpe reported Delta Diablo had a third-party contractor that could provide enhanced services.
Interim Director of Public Works/City Engineer Buenting stated if the options provided this evening were insufficient with what Council wanted to accomplish, he would work with Delta Diablo to determine if they would be able to provide enhanced services to include litter pick up.
Councilmembers Ogorchock and Barbanica stated they did not support increasing street sweeping and requested staff provide costs analysis for hiring laborers to address litter abatement/pollution prevention.
Councilmember Torres-Walker discussed the importance of parking enforcement and street sweeping services working together.
Following discussion, Council consensus directed staff to bring back options for expanding street sweeping and adding litter abatement through Delta Diablo.
11. CITY COUNCIL ASSISTANTS
Director of Human Resources Cortez presented the staff report dated February 14, 2023, recommending the City Council: 1) Adopt a resolution approving the allocation of up to three part-time Secretaries to provide administrative support to City Council; and/or 2) Provide direction to City staff to create a Citywide paid Internship Program including class specifications for City interns and a proposed program budget.
Lucas Stuart-Chilcote spoke in support of adopting the resolution approving the allocation of part-time secretaries to provide administrative support to City Council. He questioned which positions would be available for the internship program.
Patricia Granados spoke in support of adopting the resolution approving the allocation of part- time secretaries to provide administrative support to City Council. She stated that she was available for an internship position for graphics communications.
Following discussion, Council consensus supported adopting a resolution approving up to five part-time secretaries to provide administrative support to the City Council. They also directed staff to create a Citywide paid Internship Program.
RESOLUTION NO. 2023/27
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
ANTIOCH PUBLIC FINANICING AUTHORITY
Regular Meeting
February 14, 2023 Page 10 of 10
On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson the City Council adopted an amended resolution approving the allocation of up to five part-time Secretaries to provide administrative support to City Council. The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Barbanica, Ogorchock
PUBLIC COMMENT None
STAFF COMMUNICATIONS None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Torres-Walker wished everyone a Happy Day and encouraged the community to celebrate Black History month. She stated she looked forward to working with Mayor Thorpe on the potential creation of a Human Rights and Racial Equity Commission. She requested the City agendize the following items: a presentation on current reparation efforts, a review of the current rental inspection ordinance, Anti-Harassment and Just Cause for Eviction policies, and improving connectivity for neighborhoods hardest impacted during the pandemic.
Councilmember Ogorchock requested staff agendize consideration of the Antioch Police Department overseeing the purchase of their fleet vehicles, and a review of the smoking ordinance as it related to cigars and packaging limits.
Councilmember Wilson requested the City agendize a discussion on EV charging stations, and a ban on new gas stations.
Mayor Thorpe announced he would be scheduling a Special Meeting for Homekey as soon as possible.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously adjourned the meeting at 11:00 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL MEETING
Special Meeting February 23, 2023
5:00 P.M. Council Chambers
5:00 P.M. - SPECIAL MEETING
Mayor Thorpe called the meeting to order at 5:00 P.M., and City Clerk Householder called the roll.
Present: Council Members District 2 Barbanica, District 3 Ogorchock (via zoom), District 4 Wilson and Mayor Thorpe
Absent: Mayor Pro Tem (District 1) Torres-Walker
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
COUNCIL REGULAR AGENDA
1. HOMEKEY PROGRAM AND UNHOUSED STRATEGIES IN THE CITY OF ANTIOCH
Assistant City Manager Bayon Moore and Finance Director Merchant presented the staff report and Megan Kurteff-Schatz representing Focus Strategies presented the PowerPoint presentation dated February 23, 2023, recommending the City Council: a) Receive and discuss a presentation by Focus Strategies; b) Consider potential initiation of a second Homekey proposal sol
pledge and designating a source of City funds.
Andrew Becker stated Dignity Moves had indicated there were alternatives to the traditional RFP process and he expressed concern that the City had not responded.
and spoke in support of a regional approach to homelessness.
A speaker representing Dignity Moves stated there were opportunities to move forward with a Homekey Project outside the RFP method and offered to assist the City with expediting the process.
A speaker representing California Supportive Housing, expressed interest in working with the City on a project for Antioch.
In response to Councilmember Barbanica, Finance Director Merchant explained that based on General Fund Projections and the annual financial commitment for this project, she was unsure of where the City would get the funds unless they received grants or services were cut. She noted ARPA funding was available; however, that money needed to be obligated by December B
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31, 2024, spent by 2026, and it was not continued funding, so it would affect any program going forward.
Councilmember Barbanica stated he could not support the program since it would place the City in a position of deficit spending.
Mayor Thorpe responded that it was up to Council to determine budget priorities.
In response to Councilmember Wilson, Ms. Kurteff-Schatz reviewed project examples.
Councilmember Wilson stated she did not know if the City could afford a Homekey Project and spoke in support of a regional approach to homelessness.
Councilmember Ogorchock stated there may be an opportunity to partner with the County for a housing project for unhoused residents. She commented that she was not in support of moving forward with a Homekey project due to the budget impacts.
Leslie May discussed her efforts to work with City Manager Johnson to seek grant funding opportunities to purchase or build homeless projects.
Assistant City Manager Bayon Moore clarified if Council wanted to move forward, staff was asking for a pledge of a financial commitment.
Mayor Thorpe stated given the discussion this evening, there was no consensus to move forward with any of the options before Council. He reminded the public that with these types of services; however, there had been a lack of support from the County to address these matters.
Councilmember Ogorchock stated she was interested in looking for other options and noted that hopefully the State would allocate funding to cities to address homelessness issues.
Councilmember Wilson supported looking at other options.
Mayor Thorpe stated Council may need to consider establishing a Standing Committee on Homelessness to focus on this topic.
2. DISCUSSION ITEM: POTENTIAL URGENCY ORDINANCE BANNING ALL NEW
LIQUOR STORES IN THE CITY OF ANTIOCH
City Attorney Smith presented the staff report dated February 23, 2023, recommending the City Council provide direction whether staff should prepare an urgency ordinance prohibiting all new liquor stores in the City of Antioch.
Councilmember Wilson clarified that the prohibition would be on new liquor stores and would allow the Council to discuss public safety and public health as it related to oversaturation of these businesses.
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Jim Lanter, Business Owner, stated he did not support a total prohibition on all liquor businesses.
He agreed that there were some existing liquor stores that were a concern; however, others had improved their businesses. He stated he believed there was a policing issue in Antioch.
Johnny Walker requested that he be anonymous and asked that his real name not be used when Council addressed him. He announced he would file a lawsuit if his real name was used again.
Mayor Thorpe reminded the speaker to limit his comments to the agenda item.
Mr. Walker commented that he was allowed to remain anonymous because he feared retaliation and being addressed by his real name was a violation of the Brown Act. He opposed the urgency ordinance banning all new liquor stores.
Edgar Martinez suggested Council address concerns related to existing liquor stores. He questioned why the Antioch Police Department had not commented on a recent project approved by the Planning Commission. He stated he supported the urgency ordinance.
Andrew Becker expressed concern for neglected neighborhoods and noted the blame should not be placed on one type of business. He also expressed concern regarding liquor stores and cannabis businesses approved in other areas of the City. He noted it was the City to police their community. He encouraged Council to uplift and support underserved communities.
Mayor Thorpe stated that the City needed to be thoughtful in where they placed liquor/convenience stores so they would not oversaturate communities. He noted he would support an urgency ordinance to allow the City to develop a policy.
Councilmember Barbanica supported a policy to outline where liquor stores could be located; however, he did not support a ban on any business that wanted to come into the City.
Mayor Thorpe explained the ban would be temporary until Council agreed on a policy.
Councilmember Ogorchock stated being thoughtful about location was important; however, she was concerned for a ban of all liquor businesses. She believed this was not an urgency item.
Councilmember Wilson supported the urgency ordinance so Council could have a discussion on policy.
There was no consensus to move forward with the preparation of an urgency ordinance banning all new liquor stores in the City of Antioch..
Councilmember Ogorchock stated this item could be brought back for discussion without the ordinance.
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ADJOURNMENT
On motion by Councilmember Wilson, seconded by Councilmember Barbanica the City Council members present unanimously adjourned the meeting at 6:26 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL MEETING
Regular Meeting February 28, 2023
7:00 P.M. Council Chambers
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the meeting to order at 7:01 P.M. and Acting City Clerk Rosales called the roll.
Present: Council Members District 2 Barbanica, District 3 Ogorchock, and Mayor Thorpe
Absent: Council Member District 4 Wilson and Mayor Pro Tem (District 1) Torres-Walker
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
1. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
Acting City Clerk Rosales announced the following Board and Commission openings.
PUBLIC COMMENTS
Renee Ya read a letter from her neighbor recognizing the Antioch Police Department for their professionalism during a recent incident. They requested traffic calming measures be installed in the neighborhood to improve safety.
LaShelle Renee Harris, Devin Williams and Jilandra Plaza representing ACCE, and Brendon and Maria Lopez representing East County Regional Group, spoke in support of Council considering enacting Just Cause and Anti-Harassment ordinances.
Matt Sigmon discussed the Special City Council meeting in which Council discussed unhoused strategies and his personal experience with homelessness. He encouraged Council to address homelessness in Antioch.
Melissa Case encouraged an elected official to accompany their apologies with actions.
Krystle Law spoke in support of Council enacting Just Cause and Anti-Harassment ordinances.
She suggested the City reach out to assist the homeless.
Edgar M. spoke in support of Council enacting Just Cause and Anti-Harassment ordinances.
He encouraged the community to reach out to other local elected officials to seek assistance.
C
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CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Ogorchock expressed concern that an article was published misrepresenting the Antioch Police Department and
investigation take place regarding this incident.
Mayor Thorpe announced he would be attending the , an Annual Legislated Day in Washington D.C. on behalf of Tri Delta Transit, and a CCTA meeting. He addressed
2. PRESENTATIONS
- PFM Asset Management LLC Report on City Investments, presented by Sarah Meacham, Managing Director
- Micro-Housing Project Update, presented by Forrest Ebbs, Community Development Director
Finance Director Merchant introduced Sarah Meacham, Managing Director of PFM Asset Management LLC who gave a PowerPoint presentation of the City of Antioch Investment Performance Review for the Quarter Ending December 31, 2022.
Mayor Thorpe stated he felt divesting from fossil fuel companies should be discussed.
Director of Community Development Ebbs introduced Meredith Rupp, Partnership Future, Jasmine Tarkoff, Multi-Faith ACTION Coalition and Hope Solutions and Jocelyn Vera and Deborah Carney, Hope Solutions, who gave a Micro-Housing Project Update PowerPoint presentation.
Loren Kadar and Christina Loyola Cabral, Hope Solutions, discussed their personal experiences with homelessness and spoke in support of an affordable housing project in Antioch.
Father Robert, St. Ignatius Catholic Church, and Chaplain for the Antioch Police Department and the Contra Costa Fire District discussed his observations of homelessness in Antioch. He commented that they had everything needed and would like to build housing for the unhoused, on parish property.
Jackie Lowery, Antioch resident representing Hope Solutions, spoke in support of the City working with their organization to bring housing opportunities for the unhoused.
Brian McCoy, St. Ignatius Catholic Church, Antioch resident, discussed his efforts to assist the unhoused and spoke in support of policies that would give churches a reasonable path to construct permanent housing on their unused land.
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Christopher Watson, Golden Hills Outreach Center, discussed services they provided to the unhoused and spoke to the need for affordable housing in Antioch.
William Goodwin, Hope Solutions, and Michelle Kuslits discussed their observations of homelessness and spoke in support of building a Micro Housing community on faith-based land.
Andrew Becker spoke in support of building a Micro-Housing community as well as other opportunities to address homelessness in Antioch.
Rev. Millie Phillips, Faith Alliance for a Moral Economy, spoke in support of building a Micro- Housing community with supportive services for the unhoused.
Councilmember Ogorchock thanked Hope Solutions and Father Roberts for the presentation.
She spoke in support of providing homes for families and requested the County partner with the City on this project. She thanked Director of Community Development Ebbs for participating in the discussions and spoke in support of the project moving forward.
In response to Councilmember Barbanica, Ms. Tarkoff explained the project would be built to HCD standards and they proposed permanent housing with supportive services specific to the population being served. She noted this grant was for exploring the development of a Micro- Housing project on faith-owned land and creating policy standards to streamline the entitlement process. She explained that Hope Solutions was planning on seeking private and public funding for construction and operations. She noted there would be no time limitations; however, their goal and hope was that people would thrive and move onto other housing.
Mayor Thorpe thanked Hope Solutions for the presentation.
In response to Mayor Thorpe, Director of Community Development Ebbs clarified that state law regarding this type of project had not gone into effect yet; however, this project would exceed the number of units that would be imposed by the State. He confirmed that the City would be addressing zoning which would be the catalyst for moving the project forward.
Mayor Thorpe supported the City addressing zoning so faith-based groups had the opportunity to move forward in an efficient manner.
Father Robert acknowledged Director of Community Development Ebbs, Assistant City Manager Bayon Moore and City Manager Johnson for attending their meeting. He expressed interest in partnering with the City to address an important problem they were facing.
Mayor Thorpe stated he did not want the City to impede the project in any way. He recognized Assistant City Manager Bayon Moore for being heavily involved in unhoused resident matters.
He appreciated her for those efforts and for transforming th unhoused residents. He announced she would be leaving Antioch to become the City Administrator for Piedmont.
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3. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 24, 2023
B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2023
C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 23, 2023
D. ORDINANCE NO. 2225-C-S SECOND READING BILLBOARD REGULATIONS (Z- 22-04) (Introduced on 02/14/2023)
E. ORDINANCE NO. 2226-C-S SECOND READING BUILDING CODE UPDATES (Introduced on 02/14/2023)
F. BUILDING INSPECTION SERVICES DIVISION ANNUAL REPORT
G. RESOLUTION NO. 2023/28 APPROVAL OF AWARDS FOR THE 2022-2023 CIVIC
ENHANCEMENT GRANT PROGRAM
H. RESOLUTION NO. 2023/29 ACCEPTANCE OF WORK AND NOTICE OF
COMPLETION FOR THE CITY HALL PLAZA IMPROVEMENTS AND LEO FONTANA FOUNTAIN PROJECT (P.W. 247-R)
I. RESOLUTION NO. 2023/30 TERMINATING THE DECLARATION OF A LOCAL -
J. RESOLUTION NO. 2023/31 IN SUPPORT OF CLEAN MOBILITY OPTIONS PROGRAM
VOUCHER APPLICATION
K. RESOLUTION NO. 2023/32 APPROVING A SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC., TO PROVIDE
SUPPORT TO THE BUILDING INSPECTION SERVICES DIVISION OF THE
COMMUNITY DEVELOPMENT DEPARTMENT AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE AGREEMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council members present unanimously approved the Council Consent Calendar with the exception of Items G, J and K, which were removed for further discussion.
Item G Amina Siddigi, Love Never Fails, Dwayne Eubanks, Antioch Historical Society and Lynda Green, Be Exceptional, thanked the City for awarding their organizations Civic Enhancement Grants.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously approved Item G.
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Item J Lucas Stuart-Chilcote spoke in support of the Clean Mobility Options Program.
Andrew Becker stated he believed this item deserved a presentation from the organization with more details.
Environmental Resource Coordinator Haas-Wajdowicz explained Richmond Community Foundation was taking the lead on applying for the voucher process and if approved project details would then be discussed.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously approved Item J.
Item K Lucas Stuart-Chilcote announced his grandfather Tom Chilcoat was a former Building Inspector for the City of Antioch.
Councilmember Ogorchock recognized Mr. Stuart-Chilcos grandfather for his public service.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously approved Item K.
PUBLIC HEARING
4. SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2022-23 ACTION PLAN/2020- 25 CONSOLIDATED PLAN TO DISSOLVE REVOLVING LOAN FUND AND REPROGRAM FUNDING TO HIGH PRIORITY GOAL # CD-7 GOAL:
INFRASTRUCTURE AND ACCESSIBILITY, STRATEGY CD-7.1 CITY DOWNTOWN
STREET AND ACCESSIBILITY PROJECT, AND AMENDMENT TO THE
CONSTRUCTION AGREEMENT WITH REDGWICK CONSTRUCTION CO. FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT DOWNTOWN ROADWAY
PAVEMENT REHABILITATION, PHASE 9 PROJECT (P.W. 678-9)
Director of Public Safety and Community Resources Johnson introduced CDBG/Housing Consultant House who presented the staff report dated February 28, 2023, recommending the City Council:1) Adopt the resolution approving the substantial amendment to the Fiscal Year (FY) 2022-23 Action Plan and 2020-25 Contra Costa Consortium Consolidated Plan for the City of Antioch: a. Determining that it is appropriate to submit the revised City of Antioch FY 2022-23 Action Plan to the U.S. Department of Housing and Urban Development (HUD), outlining the
objectives, which includes (1) dissolution of the Housing Revolving Loan Fund, (2) cancellation of the CDBG project allocation to the Antioch Home Ownership Program, and (3) reallocation of $550,000 in former Revolving Loan Fund monies to the City Downtown Street and Accessibility Project; and b. Identifying the City Manager, or designee, (1) shall be the City representative to submit the Substantial Amendment to the FY 2022-2023 Action Plan and all understandings and assurances contained therein, (2) is hereby directed and authorized to disburse funds and and approval of the programs, activities and projects as designated in the Amended City of
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Antioch FY 2022-23 Action Plan, and (3) shall act in connection with the submission and provide such additional information as may be required; and, 2) Adopt the resolution amending the Fiscal Year 2022-23 Capital Improvements and Operating Budgets to include an amendment to increase the construction agreement with Redgwick Construction Co. for the CDBG Downtown Roadway Pavement Rehabilitation, Phase 9 Project PW. 678-9: a. Increasing the FY 2022/2023 Capital Improvement and Operating Budgets in the amount of $550,000 for the Project from the Community Development Block Grant Fund for a total project budget of $1,483,000; b.
Increasing the construction agreement with Redgwick Construction Co. for the Project by $550,000 for a total agreement amount of $1,235,000; and c. Authorizing and directing the City Manager to execute the amendment in a form approved by the City Attorney.
Mayor Thorpe opened the public hearing.
Andrew Becker, Opponent, announced GIS maps and a previous presentation had not been included in agenda packets. He expressed his frustration that staff was recommending Housing Revolving Loan fund dollars be reallocated to the Downtown Roadway Project.
Krystle Law stated she had never heard of the Housing Revolving Loan fund and opposed Council reallocating the money to the Downtown Roadway Project.
Mayor Thorpe closed the public hearing.
CDBG/Housing Consultant House explained the First-Time Homebuyer Program still had $500,000 in Housing Successor funds that would cover all applicants that were eligible. She noted once applicants qualified for a regular mortgage, this program would assist with closing costs and downpayment assistance. She commented that the funds were administered by Bay Area Affordable Housing Associates (BAAHA) and residents could apply online at their website.
She reported that when the program was established, over 300 residents had participated in homeownership classes held in Council Chambers; however, since COVID, those classes had moved online. She explained that if CDBG funds were not utilized, HUD would take the balance from their next allocation. She confirmed that CDGB funds could not be used for public services.
Councilmember Barbanica thanked CDBG/Housing Consultant House for her work with the Community Development Block Grant Program.
In response to Councilmember Barbanica, CDBG/Housing Consultant House confirmed the downpayment assistance program was taking applications and they should begin making loans next week. She reiterated $500,000 was sufficient to meet the needs in that program and if it was not, they could come before Council to determine if they wanted to allocate more funds for the program this fiscal year. She noted moving this money would have no impact on the housing program.
Mayor Thorpe reopened the public hearing.
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Melissa Case stated she knew about this program; however, she was unsure of how to inform her clients on how to obtain funding. She suggested giving program information to local lenders so they could help clients utilize these funds.
Mayor Thorpe closed the public hearing.
Mayor Thorpe stated that in the future the City should bring these types of decisions earlier so timelines would not be a concern.
RESOLUTION NO. 2023/33
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously adopted the resolution approving the substantial amendment to the Fiscal Year (FY) 2022-23 Action Plan and 2020-25 Contra Costa Consortium Consolidated Plan for the City of Antioch.
RESOLUTION NO. 2023/34
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously adopted the resolution amending the Fiscal Year 2022- 23 Capital Improvements and Operating Budgets to include an amendment to increase the construction agreement with Redgwick Construction Co. for the CDBG Downtown Roadway Pavement Rehabilitation, Phase 9 Project PW. 678-9.
COUNCIL REGULAR AGENDA
5. RESOLUTION APPROVING AN AMENDMENT TO THE 2022/23 FISCAL YEAR BUDGET TO INCLUDE EXPENDITURES FOR THE JULY 4, 2023, CELEBRATION IN THE AMOUNT OF $110,000
Director of Parks and Recreation Helfenberger presented the staff report dated February 28, 2023, recommending the City Council adopt the resolution approving an amendment to the 2022/23 fiscal year budget to include expenditures for the July 4, 2023, Celebration in the amount of $110,000.
Andrew Becker questioned if staff had the capacity to cover this event. He requested Celebrate Antioch Foundation (CAF) provide the budget for the 2022 July 4th celebration. He suggested the City work with an event planner to organize th event.
Councilmember Ogorchock thanked CAF for all their hard work organizing past events for the City. She expressed concern for the City assuming responsibility for the event since they were short staffed. She suggested staff work with CAF to have them organize the event.
Mayor Thorpe asked that this item be continued since a consensus could not be determined.
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On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock the City Council members present unanimously tabled Agenda Item #5.
6. CONSIDERATION OF WHETHER TO PROVIDE TELECONFERENCE MEETING
ACCOMMODATIONS FOR BROWN ACT MEETINGS OF THE CITY COUNCIL AND
CITY BOARDS, COMMISSIONS AND COMMITTEES
City Attorney Smith presented the staff report dated February 28, 2023 recommending the City Council: 1) Make a motion to implement teleconference meeting accommodations, as permitted by Assembly Bill (AB) 2449, for Brown Act meetings of the City Council and City boards, commissions, and committees; or 2) Make a motion to conduct meetings of the City Council and City boards, commissions, and committees in person and without teleconferencing.
Lucas Stuart-Chilcote spoke in support of providing residents the ability to participate in City meetings via zoom.
In response to Councilmember Ogorchock, City Attorney Smith clarified that if Council chose to allow for teleconferencing the public would also have the opportunity to participate audio/visually.
Councilmember Barbanica and Mayor Thorpe stated they supported conducting City meetings in person without teleconferencing.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously motioned to conduct meetings of the City Council and City Boards, Commissions, and Committees in person and without teleconferencing.
PUBLIC COMMENT
Greg Farina, Director of Civic Engagement for Genesis Church, offered his services to the City Council and announced they were a registered food bank.
Andrew Becker stated he appreciated the City Council. He expressed concern that no direction had been given with regards to Project Homekey. He explained that there were still opportunities available. He requested the City allocate $4M in ARPA funds and donate the Delta Fair site, with the State matching funds. He noted the County could assume responsibility for the project in the future.
STAFF COMMUNICATIONS
City Attorney Smith announced it was his four-year anniversary of working for the City of Antioch.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Mayor Thorpe congratulated City Attorney Smith on celebrating four years as City Attorney.
ANTIOCH CITY COUNCIL
Regular Meeting
February 28, 2023 Page 9 of 9
Councilmember Barbanica congratulated City Attorney Smith and stated he appreciated his hard work. He thanked Assistant City Manager Bayon Moore for her professionalism and stated Piedmonts gain would be Antioch loss.
Councilmember Ogorchock reported graffiti remained on the Highway 4 overpass sign and requested that it be removed. She thanked Assistant City Manager Bayon Moore for her service and noted that she would be missed.
City Manager Johnson, on behalf of the City, stated Assistant City Manager Bayon Moore was an extraordinary leader and her dedication would be missed. He noted she would make a great City Administrator for Piedmont and he thanked her for all of her accomplishments in Antioch.
City Attorney Smith stated it was a pleasure working with Assistant City Manager Bayon Moore and he looked forward to seeing the great things she would accomplish for the City of Piedmont.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council members present unanimously adjourned the meeting at 10:16 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
0 - -2
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
E
03-28-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
G
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Kevin Scudero, Senior Planner
APPROVED BY:
SUBJECT:
Teri House, CDBG/Housing Consultant
Forrest Ebbs,
2022 Annual Housing Element Progress Report, Housing Successor Annual Report and Progress Report for the General Plan
RECOMMENDED ACTION
It is recommended that the City Council receive and file the 2022 Annual Housing Element Progress Report, Housing Successor Annual Report, and Progress Report for the General Plan.
FISCAL IMPACT
The recommended action has no impact to the General Fund.
DISCUSSION
Article 10.6. Housing Elements [65580 - 65589.11] of the California Government Coderequiresthat local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. All jurisdictions in California are required to prepare and adopt a Housing Element as part of their General Plan.
Elements are updated every eight (8) years and are submitted to the California Department of Housing and Community Development (HCD) for certification. The City Council and HCD have adopted and certified
2015-2023. The City of Antioch General Plan and Housing Element are in compliance with State Government Code requirements.
An annual report is required to be prepared for the previous calendar year detailing housing development activity and implementation progress. Detailed reporting forms with related definitions are provided by HCD. Housing Element Annual Progress Reports ( APR) must be submitted to HCD by April 1 of each year.
Antioch City Council Report
March 28, 2023Agenda Item #G 2
Changes to California Housing Element Law
In 2018, the Annual Housing Element Progress Report requirements changed considerably due to the passage of AB 879 (Grayson, Chapter 374, Statutes of 2017).
This legislation expands upon existing law that required general law cities to send an annual report to their respective city councils, the state Office of Planning and Research ( OPR) and HCD that includes information related to the implementation of the Housing Element of the General Plan, including:
The C
( RHNA);
The C
improvement and development of housing; and
Actions taken by the city toward completion of the programs identified in its housing the deadlines in its housing
element.
Under AB 879, all cities including charter cities must submit an annual report by April 1 of each year containing the above information. In addition, cities must also provide the following new information in the annual report:
The number of housing development applications received in the prior year; The number of units included in all development applications in the prior year; The number of units approved and disapproved in the prior year; A listing of sites rez
income level that could not be accommodated in its housing element inventory and
The net number of new units of housing that h
category that each unit of housing satisfied (distinguishing between rental and for- sale units);
The number of applications submitted under the new processing provided for by Section 65913.4 (enacted by SB 35), the location and number of developments approved pursuant to this new process, the total number of building permits issued pursuant to this new process and total number of units constructed pursuant to this new process; and
The number of units approved within a Workforce Housing Opportunity Zone.
AB 879 also requires cities to include additional information when they submit their housing element to HCD, including:
An analysis of governmental constraints that must include local ordinances that
Antioch City Council Report
March 28, 2023Agenda Item #G 3
An analysis of nongovernmental constraints that must include requests to develop housing at densities below those anticipated in site inventory and the length of time between receiving approval for housing development and submittal of an application for building permit. The analysis must also include policies to remove nongovernmental constraints.
RHNA Allocation
For each Housing Element period, the State identifies the total housing need for the San Francisco Bay Area for an eight-year period (the current cycle is 2015-2023). This is based on projections for expected population growth throughout the State. The State then calculates how much of this growth will take place in each region based on the expected number of households and the age and type of housing stock available. This regional distribution of growth is designed to do three things:
1) Increase housing supply, affordability and diversity; 2) Encourage efficient development to avoid sprawl and minimize greenhouse gas emissions by reducing commute distances; and
3) Promote balance between job creation and housing availability.
The Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) figure out where this growth will take place and allocate housing targets to each city to match the projections. The amount of housing each city must plan for is called the Regional Housing Needs Allocations (RHNA). Once a local government has received its final RHNA, it must revise its Housing Element to show how it plans to accommodate its portion of the region's housing need.
The City of Antioch has a RHNA allocation of 1,448 units of housing. Of these, 349 units are designated affordable to households of very low-income, 205 units affordable to low- income, 214 units affordable to moderate income, and 680 units affordable to above moderate-income households. Affordability is based on income limits determined by the U.S. Department of Housing and Urban Development (HUD).
Annual Housing Element Annual Progress Report
The 2022 Table
A2 of the report details annual building activity including new construction, entitled, permits and completed units. These units are further enumerated by their affordability by household income, which details units by very low-, low-, moderate- and above moderate- income, and whether the units are deed restricted, and by tenure for renters or ownership.
Table B below details the rd achieving its RHNA allocation. In 2020 the City of Antioch met its RHNA requirements for low income and above moderate- income housing.
Antioch City Council Report
March 28, 2023Agenda Item #G 4
Excerpt of 2022 APR Table B
Income
Level
RHNA
Allocati
on by
Income
Level
Permitted Units Total
Units
to
Date
Total
Remaini
ng RHNA
by
Income
Level % of
AMI* 2015 2016 2017 2018 2019 2020 2021 2022
Very
Low 349 1 84 2 1 2 105 12 0 207 142
0-50%
Low 205 0 0 0 1 0 299 19 0 319 0 50-80%
Modera
te 214 19 1 0 0 12 2 1 0 35 179 80-
120%
Above
Modera
te 680 47 42 41 119 279 308 564 365 1765 0
>120%
Total: 1448 67 127 43 121 293 714 596 365 2326 321
* AMI stands for Area Median Income
Table C of the report details any sites identified or rezoned to accommodate shortfall housing need. This table is blank because this was not required in 2022 for the City of Antioch.
Table D of the report summarizes the status of the implementation of all of the program goals listed in the Housing Element under the following six goals:
Goal 1 Conserve and improve the existing housing supply to provide adequate, safe, and decent housing for existing Antioch residents.
Goal 2 Facilitate the development of a broad array of housing types to accommodate new and current Antioch residents of diverse ages and socioeconomic backgrounds.
Goal 3 Facilitate the development of special purpose housing to meet the needs of the elderly, persons with disabilities, large families, and the homeless.
Goal 4 - Reduce residential energy and water use to conserve energy/water and reduce the cost of housing.
Goal 5 - Remove governmental constraints inhibiting the development of housing required to meet identified needs in Antioch.
Antioch City Council Report
March 28, 2023Agenda Item #G 5
Goal 6 - Provide equal housing opportunities for all existing and future Antioch residents.
Table E of the report lists commercial development bonuses approved with housing. The City did not receive any such applications in 2022.
Table F of the report details units that were rehabilitated, preserved, and acquired for alternative adequate sites during the year. Again, the City did not have any such units.
Table G of the report details locally owned lands included in the housing element site sites inventory that have been sold, leased or otherwise disposed of. The table is blank because the City did not have any properties that met this requirement.
Lastly, Table H of the report lists the locally owned sites that have been designated as surplus property.
Housing Successor Annual Report
HCD also requires that a Housing Successor Annual Report be submitted annually with the Housing Element Progress Report for city and county Housing Successors to former redevelopment agencies.
Office.
The purpose of this Report is to provide HCD and the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The 2022 Antioch Housing Successor Annual Report regarding the Low- and Moderate- Income Housing Asset Fund has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated April 1, 2023. This Report sets forth certain details of the housing activities of the City of Antioch, successor to the former Antioch Development Agency (ADA), during calendar year 2022.
General Plan Annual Progress Report
Government Code Section 65400 mandates that certain cities and all counties submit an update of the status of the General Plan and progress in its implementation to their legislative bodies, OPR, and HCD by April 1 of each year. Only charter cities are exempt from the requirement to prepare General Plan Annual Progress Reports (APRs) unless the charter stipulates otherwise (Government Code Section 65700). The purpose of submitting APRs to the State Department of Housing and Community Development ( HCD) and the Office of Planning and Research (OPR) is to identify statewide trends in land use decision making and how local planning and development activities relate to statewide planning goals and policies. APRs may also identify needed modifications and Lastly, submittal of APRs enables
the information provided in the APR. There is no standardized form or format for Antioch City Council Report
March 28, 2023Agenda Item #G 6
preparation of the General Plan APR. The attached General Plan APR is a brief update on General Plan progress and updates in 2022.
ATTACHMENTS
A. 2022 Housing Element Report
B. 2022 Housing Successor Agency Report
C. 2022 General Plan Annual Progress Report
ATTACHMENT A
A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
A11
A12
A13
A14
A15
A16
A17
A18
A19
A20
A21
A22
A23
A24
A25
A26
A27
A28
A29
A30
A31
A32
A33
A34
A35
A36
A37
A38
A39
A40
A41
A42
A43
A44
A45
A46
A47
A48
A49
A50
A51
A52
A53
A54
A55
A56
A57
A58
A59
A60
A61
A62
A63
A64
A65
A66
A67
A68
A69
A70
A71
A72
A73
A74
A75
Jurisdiction Antioch ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
A76
A77
Jurisdiction Antioch Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
066-092-001-9 801 W 2nd Street Vacant Surplus Land 0.17 former hotel site 066-102-004-9 908 W 2nd Street Vacant Surplus Land 0.69 may be subject to flooding 066-061-009-9 I Street Public Facilities Surplus Land 0.39 Gravel parking lot 066-061-010-9 I Street Public Facilities Surplus Land 0.18 Gravel parking lot 066-164-014-9 E 8th Street and A Street Vacant Surplus Land 0.18 066-162-008-9 E 7th Street and A Street Vacant Surplus Land 0.18 contains portion of public street 066-123-020-9 W 4th Street and L Street Vacant Surplus Land 0.13 contains portion of public street 066-123-014-9 W 4th Street and L Street Vacant Surplus Land 0.2 contains portion of public street 066-123-009-9 W 5th Street and L Street Vacant Surplus Land 0.11 contains portion of public street 066-126-001-9 W 5th Street and L Street Vacant Surplus Land 0.09 contains portion of public street 066-126-002-9 W 5th Street and L Street Vacant Surplus Land 0.09 contains portion of public street 066-126-003-9 W 5th Street and L Street Vacant Surplus Land 0.09 contains portion of public street 066-126-004-9 W 5th Street and L Street Vacant Surplus Land 0.09 contains portion of public street 066-126-005-9 W 6th Street and L Street Vacant Surplus Land 0.09 contains portion of public street 066-128-001-9 W 6th Street and L Street Vacant Surplus Land 0.09 contains portion of public street 066-128-002-9 W 6th Street and L Street Vacant Surplus Land 0.11 contains portion of public street 066-217-008-9 901 L Street Vacant Surplus Land 0.06
066-217-009-9 1017 W 9th Street Vacant Surplus Land 0.11 067-341-027-9 Claudia Court Vacant Surplus Land 1.69 Caltrans remnant 067-342-001-9 Fitzuren Road Vacant Surplus Land 0.54 Caltrans remnant 067-342-002-9 Fitzuren Road Vacant Surplus Land 0.7 Caltrans remnant 071-021-018-9 Fitzuren Road Vacant Surplus Land 0.27 Frontage parcel 051-400-027-9 E 18th Street and Wilson St Vacant Surplus Land 1.2 072-400-036-9 Golf Course Road and Lone Tree Way Other Surplus Land 2.01 Greenbelt with possible utilities 066-055-001-9 2nd Street Vacant Surplus Land 1.38
066-041-004-9 2nd Street Vacant Surplus Land 3.85
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Contra Costa County jurisdictions, please format the APN's as follows:999-999-999-9 A78
A79
A80
A81
A82
Jurisdiction Antioch
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
365
365
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 0 450
2 to 4 0 0 0
5+ 126 0 394
ADU 0 0 15
MH 0 0 0
Total 126 0 859
1 74
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
A83
Jurisdiction Antioch
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
1. Housing Element Updates $282,500.00 $0.00 REAP
2.HE Zoning Ordinance Updates $86,000.00 $0.00 REAP
3.Prohousing Policies $106,500.00 $0.00 None
4.Grant Administration $25,000.00 $0.00 None
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
126
126
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
365
365
Current Year
Deed Restricted 91
Non-Deed Restricted 2
Deed Restricted 299
Non-Deed Restricted 3
Deed Restricted 0
Non-Deed Restricted 1
463
859
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
500,000.00$
Task Status
In Progress
In Progress
In Progress
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
A84
CITY OF ANTIOCH
HOUSING SUCCESSOR TO THE REDEVELOPMENT AGENCY
SB 341 ANNUAL REPORTING REQUIREMENT
FOR FISCAL YEAR 2021-22, ENDING JUNE 30, 2022
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated March 25, 2023. This Report sets forth certain details of the housing activities of the City of Antioch, successor to the former Antioch Development Agency (ADA), during Fiscal Year 2021-22 year.
The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law).
The following Report is based upon information prepared by Housing Successor consultants, from information obtained from City staff and legal council, and the independent financial audit of the Low and Moderate Income Housing Asset Fund. The Annual Comprehensive Financial Report for Fiscal Year 2020- 21, was prepared by Badawi & Associates, CPAs, and is separate from this annual summary Report. This Report conforms with Section 34176.1(f) of the Dissolution Law, and is organized into section I. through XI.
This Report was provided to the Housing Successor’s governing body. This Report and the former redevelopment agency’s pre-dissolution Implementation Plans are available to the public on the City’s website at: http://www.ci.antioch.ca.us/citygov/finance/econdev/default.htm
1. Amount the City received: This section provides the amount the City received pursuant to subparagraph (A) or paragraph (3) of subdivision (b) of section 34191.4: repayments for loans between the City and former redevelopment agency allowed after the successor agency has been issued a finding of completion by the Department of Finance.
Low and Moderate Income Housing Fund
Set Aside Deficit Repayment 0
2. A mount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Calendar Year, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule (ROPS), and other amounts deposited.
Recognized Obligation Payment Schedule (ROPS) funding 0 Loan Payment (Eden & Tabora, from surplus)
Loan Payoffs
26,118
154,742
Loan Interest Earnings/Shared Appreciation 55,840
Interest Earnings on Cash Balance (109,575)
Other 0
Total Deposits $127,125
ATTACHMENT B
B1
3. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year, distinguishing any amounts held for items listed on the ROPS from other amounts.
Cash $6,965,792
Restricted for Current Payables $130,507
Restricted for Encumbrances/Commitments $0
Anticipated Current Receivables $1,933
Available Cash Balance $6,837,218
4. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized by (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) or subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a). (A) Monitoring & Administration Expenditures $223,519.87 (B) Homeless Prevention & Rapid Rehousing Services Expenditures $153,762.91 (C) Housing Development Expenditures
Antioch Homeownership Program (AHOP) Administration 0
AHOP Loans Issued 0
Multi-Family Housing Loan Issued 0
Housing Rehabilitation Loan & Grant Program Administration & loans (10 grants, 1 loan)
$240,605.39
Other 0
Total LMIHAF Expenditures $617,888.17
The Housing Successor is allowed to spend up to the greater of $296,797 (expenditure cap adjusted for 2021-22) or 2% of the value of the Housing Assets Portfolio (defined and calculated in Section 5) on Monitoring and Administration Expenditures. The total value of Antioch Housing Successor assets is $13,201,451, and 2% of this value is $264,029. Therefore, the maximum allowable amount for administrative expenditures and monitoring is the expenditure cap of $296,797. The agency has spent significantly less than this on administration this year. Homeless prevention and rapid rehousing services expenditures may not exceed $250,000 /year once obligations pursuant to Section 33413 and 33418 are fulfilled and the City met this test.
5. S tatutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. Under the Dissolution Law and for the purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former redevelopment agency as listed on the Housing Asset Transfer Schedule approved by the Department of Finance, as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of the property purchased by the Housing Successor.
Statutory Value of Real Property $0
Value of Loans Receivable $13,201,451
Value of Grants Receivable $0
Value of Deferred Set-Aside (owed to Housing Fund) $0
Total Value of Assets $13,201,451
B2
6. Description of Transfers: This section describes any transfer to another housing agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.
The Housing Successor did not make an LMIHAF transfer to other Housing Successor(s) under Section 34176.1(c)(2) to develop a joint project during the Fiscal Year 2021-22.
7. P roject Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule (ROPS) and the status of that project.
None remaining
8. S tatus of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, a status update on the project is provided.
Not Applicable – no properties purchased using LMIHF prior to or after February 1, 2012.
9. D escription of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012, along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former redevelopment agency.
Replacement Housing: No Section 33413(a) replacement housing obligations were transferred to the Housing Successor according to the 2009-10 through 2015-16 City of Antioch Implementation Plan for the former Redevelopment Agency.
10. Inclusionary/Production Housing: No Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor according to the 2009-10 through 2015-16 City of Antioch Implementation Plan for the former Redevelopment Agency. The former Redevelopment Agency’s Implementation Plans are posted on the City’s website at:
http://www.ci.antioch.ca.us/citygov/finance/econdev/default.htm.
Income Targeting Test: Section 34176.1(a)(3)(A) states that all funds remaining after the monitoring and administration and homeless prevention and rapid rehousing services expenditures are deducted must be used for the development of housing affordable to and occupied by households earning 80% or less of the area median income (AMI), with at least 30% of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30% or less of the AMI and no more than 20% of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60% and 80% of the AMI. The Housing Successor must demonstrate in the 2019 annual report, and every five years thereafter, that the Housing Successor's expenditures from January 1, 2014 through the end of the latest fiscal year covered in the report comply with these requirements.
If the Housing Successor fails to comply with the Extremely-Low Income requirement in any five-year period, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely-Low Income requirement.
B3
If the Housing Successor exceeds the expenditure limit for households earning between 60% and 80% of the AMI in any five-year report, the Housing Successor shall not expend any of the remaining funds for households earning between 60% and 80% of the AMI until the Housing Successor demonstrates compliance with this limitation in an annual report.
For purposes of this calculation, 'development' means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years.
For informational purposes, the following provides the Housing Successor's Extremely-Low Income Housing Test as of Fiscal Year 2021-22:
Fiscal
Year Type Description Households Assisted by % of AMI
0-30% 31-50% 51-80%
2014-15 Rent Subsidy Senior mobile home park 46,748.38 30,991.68 19,800.24 Total Expenses 2014-15: 46,748.38 30,991.68 19,800.24
2015-16 Rent Subsidy Senior mobile home park 33,545.28 28,409.04 18,939.36 Total Expenses 2015-16: 33,545.28 28,409.04 18,939.36
2016-17 Rent Subsidy Senior mobile home park 26,211.36 29,826.72 19,884.48 Loan Tabora Gardens - Senior,
Veteran & Homeless Housing 216,000.00 384,000.00 0
Total Expenses 2016-17:242,211.36413,826.72 19,884.48
2017-18 Rent Subsidy Senior mobile home park 5,649.00 8,134.56 4,067.28 Homeownership Down payment assistance 0 0 20,457.00
Total Expenses 2017-18: 5,649.00 8,134.56 24,524.28
2018-19 Homeownership Down payment assistance 0 0 50,776.00 Total Expenses 2018-19: 0 0 50,776.00
2019-20 Homeownership Down payment assistance 0 0 19,688.00 Housing Rehabilitation Habitat Housing Rehab 35,760.54 0 0 Total Expenses 2019-20: 35,760.54 0.00 19,688.00
2020-21 Housing Rehabilitation Habitat Housing Rehab 35,760.54 0 0 Total Expenses 2020-21: 35,760.54 0 0
2021-22Housing Rehabilitation Habitat Housing Rehab 27 ,261.00 48,406.00 164,939.00 Total Expenses 2021-22: 27,261.00 48,406.00164,939.00
Total $ LMIHAF spent on households to
date (Does not include Homeless & Admin): 1,275,255.46 426,936.10 529,768.00 318,551.36 % spent on households to date: 100% 33% 42% 25%
Total $ LMIHAF spent on households 5
years (17–18 to 21-22): 420,898.92 104,431.08 56,540.56 259,927.28 % spent on households last 5 years: 100% 25% 13% 62%
30%+ $
spent on 0-
30% AMI
<20% $
spent on
60-80% AMI
As illustrated in the chart above, the Housing Successor is no longer in compliance with the 2021-22 Income Targeting Test due to the slowed production of the 0-30% AMI homeless housing that was planned.
B4
11. Senior Housing Test: The Housing Successor is to calculate the percentage of units in deed-restricted rental housing that is restricted to seniors and assisted by the Housing Successor, the former redevelopment agency, and/or the City, within the previous 10 years, in relation to the aggregate number of units of deed-restricted rental housing assisted by the Housing Successor, the former redevelopment agency, and/or the City, within the same period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists, and construction has commenced, on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.
The following provides the Housing Successor’s Senior Housing Test for the 10-year period of FY 2011-12 to 2021-22:
Housing Development Name & Address Date Assisted # Units Senior
# Units
Family
Tabora Gardens (85 units, 84 affordable, completed
construction May 2018) 6/1/2011 & 2016 84 0
TOTAL ASSISTED UNITS 84
Senior
0 Family
Total Units = 84
SENIOR HOUSING PERCENTAGE100%
The previous new family housing construction was in 2007 and fell off of the 10-year testing window several years ago. The only remaining project was senior housing in 2011, so the City does not meet this test.
12. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus. Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.
The amount deposited in the preceding four years from loan payoffs (not tax increment deposits) as reported in #2, “Amount Deposited into LMIHAF” is as follows:
2021-22 - $ 154,742
2020-21 - $ 682,539
2019-20 - $ 49,130
TOTAL: $ 886,411
The LMIHAF balance FY 2021-22 was $6,837,218 (see Section 3), and the total deposited into the LMIHAF in the preceding four years was $886,411. Therefore, excess surplus will be the amount over $1,000,000, which is $5,837,218. The City plans to expend the excess surplus in the next two years with approximately $1,000,000 going to Housing Rehabilitation and $5,837,218 to produce 40- 50 units for homeless persons. The COVID-19 pandemic brought all housing projects to a standstill, but we have seen progress resuming this year.
B5
13. Inventory of Assisted Units: This section provides an inventory of the homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to adopted programs that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of section 33334.3 This inventory shall include:
a) Number of Units – At the end of FY 2021-22 there are 9 homeowners with down payment assistance loans, 11 single-family homeowners with housing rehabilitation loans, and two multi-family rental property owners with rehabilitation loans, for a total of 22 homeowners who currently have loans with the former Redevelopment Agency/Housing Successor.
b) Number of Units Lost - In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of units lost to the portfolio since the last fiscal year and the reason for those losses. – Records show that 8 single family loans totaling $345,026 have been lost to the portfolio since February 2012. The main reasons have been divorce and/or bankruptcy, resulting in foreclosures and short sales. No loans were lost last year. c) Installment payments and loan payoffs – Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. During FY 2021-22, the Housing Successor received $26,118 as installments payment on a multifamily loans. The Housing Successor had 5 loans paid in full during the fiscal year. The loan payoff amounts (principal and interest or shared appreciation) was $154,742 received by the City. (see #2) d) Management of Units – Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity. The Housing Successor performs these services in-house, with assistance from the City’s CDBG/Housing Consultant Teri House.
* * *
If you have any questions about this report, please contact Teri House: [email protected].
B6
2020 GENERAL PLAN PROGRESS REPORT
1 2022 GENERAL PLAN ANNUAL REPORT
California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) on the General Plan and progress on its implementation to City Council, the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) each year. This document fulfills that mandate and was reviewed by the City Council at its meeting of March 28, 2023.
The main purpose of the APR is to provide City Council with an update of the City’s progress in implementing its General Plan vision. This annual assessment grants to City Council an opportunity to adjust or modify its policies or approach to implementation to ensure that the City meets its stated vision. A secondary purpose of the APR is to fulfill housing element statutory requirements regarding the City’s progress in meeting its share of regional housing needs and its efforts to remove governmental constraints to the development of housing in accordance with Government Code Section 65584.3(c) and 65584.5(b)(5). These have separate reporting requirements and forms, which have been submitted electronically by the City prior to April 1st of each year. To assist in the review of the General Plan Progress Report, this report presents the following information:
I. General Plan Background
II. Amendments to the General Plan considered by the City in 2022 III. Proposed General Plan Amendments
I. GENERAL PLAN BACKGROUND
The City of Antioch General Plan establishes the fundamental policy framework to guide decisions related to land use and development, public services and facilities, public safety, resource management, recreation, and the overall health and quality of life in the community. The General Plan presents a vision for the City's future, and embodies goals, policies, and strategies to turn that vision into a reality.
The City of Antioch adopted a comprehensive update to the General Plan on November 24, 2003 after an extensive community participation effort. State law requires that the General Plan include seven mandatory elements (Land Use, Circulation, Housing, Conservation, Open Space, Noise, and Safety) but allows flexibility in how each local jurisdiction structures these elements.
The City of Antioch General Plan contains these seven mandatory elements, in either their own chapter or within another chapter, as well as three “optional” elements (Public Services and Facilities, Growth Management, Economic Development) that, once adopted, have the same force and effect as policies related to the General Plan elements required by the State. The City of Antioch General Plan elements are as follows:
ATTACHMENT C
C1
2020 GENERAL PLAN PROGRESS REPORT
2 Community Vision
Growth Management
Land Use
Community Image and Design
Economic Development
Circulation
Public Services and Facilities
Housing
Resource Management
Environmental Hazards
Each of these elements describes its purpose, its goals, objectives and policies. Each of these elements functions as a guide to the type of community Antioch desires for its future and provides the means by which that desired future will be obtained. The General Plan expresses in the form of text, maps and illustrations, the organization of physical, environmental protection, economic, and social activities sought by the community in order to create and maintain a healthful, functional, and desirable place in which to live.
II. AMENDMENTS TO THE GENERAL PLAN CONSIDERED BY THE CITY IN 2022 State law allows the General Plan to be amended four times annually. This allows the General Plan to remain a current document responsive to the community’s needs. Requests for amendments may be submitted by individuals or initiated by the City. Three amendments to the City of Antioch General Plan were considered in 2022 and are listed in Table 1.
Table 1
2021 Proposed Amendments to the General Plan
Amendment Request Action Applicant Description
Wild Horse Multifamily
Project (GP-20-03)
Approved by City
Council on January
11, 2022
CCP_Contra Costa
Investor, LLC.
1. A proposed General Plan
amendment to the land use
element to change a land
use designation from single
family residential to
medium/high density
residential to allow a
Planned Development for
126 unit multifamily project.
SB2 Planning Grant (GP-
22-01
Approved by City
Council on April 12,
2022
City of Antioch 2. The SB2 Planning Grant
activities will update the
city’s General Plan and
Zoning Ordinance to create
C2
2020 GENERAL PLAN PROGRESS REPORT
3 Table 1
2021 Proposed Amendments to the General Plan
Amendment Request Action Applicant Description
policies and objective design
standards for infill, high
density housing in targeted
commercial properties that
are partially built or
struggling.
United Pacific Gas Station
(GP-21-01)
Denied by City
Council on June 27,
2022
Embree Asset
Group, LLC
3. A proposed General Plan
amendment to the land use
element to change a land
use designation from
commercial office to
convenience commercial to
allow the development of a
gas station/convenience
store/car wash
III. FUTURE PROPOSED GENERAL PLAN AMENDMENTS
In the next year or two, there are multiple General Plan amendments that are proposed or will need to be prepared for consideration by City Council, pursuant to State law. These amendments include:
Update the Housing Element: The most recent Housing Element update covers the planning period from January 31, 2015, through January 31, 2023. A new Housing Element update began in 2021 and was approved by the City Council on January 24, 2023.
Environmental Justice and Safety Elements: These new elements are being drafted concurrent with the Housing Element update pursuant to State Law. The Safety Element was adopted with the Housing Element on January 24, 2023 and the Environmental Justice Element is anticipated to be approved later in 2023.
Comprehensive General Plan Update:The City’s General Plan was adopted in 2003 and was proposed to have a lifespan of 25 years. The City recently released an RFQ for consultant services to solicit proposals for a comprehensive General Plan update. The City anticipates the comprehensive General Plan update process commencing in late 2023 or early 2024 with the goal of completing the new General Plan in two to five years.
DECA East (GP-22-02): A proposed General Plan amendment to the land use element to change a land use designation from regional commercial to light industrial to allow a Planned Development for the development of a 431,797-square foot (sf) warehouse for light industrial, warehouse, distribution, and storage use.
C3
2020 GENERAL PLAN PROGRESS REPORT
4 Albers Ranch (GP-19-04): A proposed General Plan amendment to the land use element to change a residential land use designation to increase density in a single family residential subdivision to allow for the development of up to 300 single-family homes.
C4
H
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
SUBJECT: Memorandum of Understanding with the Antioch Historical Society for Charitable Bingo Operations at the Antioch Senior Center
RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution:
1. Approving a Memorandum of Understanding with the Antioch Historical Society for Charitable Bingo Operations at the Antioch Senior Center.
2. Authorizing the Acting City Manager to execute the agreement.
FISCAL IMPACT
There will be no direct fiscal impact to the City of Antioch as a result of this action. The bingo program is estimated to generate $4,500-$9,000 annually, which will benefit the Antioch Historical Society.
DISCUSSION
For many years, bingo games have been a staple program of the Antioch Senior Center.
Under Article IV, Section 19 of the California Constitution, games of bingo must be conducted by a 501c3 charitable organization. Previously, bingo games at the Antioch Senior Center were conducted by another organization that is no longer in operation. In order to continue the program, City staff sought a new partner to operate bingo games at the Antioch Senior Center.
Under the proposed MOU, the Antioch Historical Society will begin operating bingo games at the Antioch Senior Center. Initially, the games will be held once per week each Thursday from 1pm-3pm and may expand to include Mondays. Cards cost $1 each and players typically purchase anywhere from two to ten cards. Door prizes are also provided.
Ten games are played over a two-hour period with cash prizes ranging from $10-$20.
Games are open to the public for anyone ages 18 and older.
Antioch City Council Report
March 28, 2023 Agenda Item H 2
ATTACHMENTS
A. Resolution
B. Memorandum of Understanding
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A MEMORANDUM OF UNDERSTANDING WITH ANTIOCH
HISTORICAL SOCIETY REGARDING CHARITABLE BINGO OPERATIONS AT THE ANTIOCH SENIOR CENTER.
WHEREAS, bingo games have been a staple program at the Antioch Senior Center for many years;
WHEREAS, under Article IV, Section 19 of the California State Constitution, games of bingo must be conducted by a 501c3 charitable organization; WHEREAS, the City of Antioch sought out a 501c3 charitable organization to conduct games of bingo at the Antioch Senior Center; and WHEREAS, the Antioch Historical Society desires to conduct games of bingo at the Antioch Senior Center.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves a Memorandum of Understanding with the Antioch Historical Society for Charitable Bingo Operations at the Antioch Senior Center.
2. Authorizes the Acting City Manager to execute the agreement.
* * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of March, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
82595.00019\40831583.6
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
CITY OF ANTIOCH
AND
ANTIOCH HISTORICAL SOCIETY
REGARDING CHARITABLE BINGO OPERATIONS
This Memorandum of Understanding (“MOU”) is entered into on this __ day of __________, 2023, by and between the CITY OF ANTIOCH, a California municipal corporation (“City”), and ANTIOCH HISTORICAL SOCIETY, a 501c3 non-profit corporation (“Operator”). City and Operator are sometimes referred to herein individually as a “Party” and collectively as the “Parties.” This MOU is intended to set forth the basic terms of the agreement between Operator and the City for the operation of games of bingo at the Antioch Senior Center, located at 415 W 2nd St, Antioch, CA 94509 (the “Program”) administered by Operator with the assistance of the City.
RECITALS
WHEREAS, Operator is a non-profit agency that seeks to preserve and educate the community about the history of the City of Antioch;
WHEREAS, Operator’s target populations include residents of the City generally, including senior citizens;
WHEREAS, the City has a demonstrated commitment to providing services to seniors and the wider Antioch community;
WHEREAS, the City desires to increase City services available to seniors and the wider Antioch community;
WHEREAS, the City is empowered by Article IV, Section 19 of the California Constitution to authorize, by ordinance, the operation of games of bingo within its jurisdiction; WHEREAS, Antioch Municipal Code Title 5, Chapter 15 (Bingo Games) authorizes games of live bingo to be played on limited days and times; and
WHEREAS, Operator desires to operate games of bingo at the Antioch Senior Center through the Program, in conformance with the Antioch Municipal Code and California Penal Code Section 326.5.
NOW, THEREFORE, in consideration for the promises set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
82595.00019\40831583.6
2. Operator agrees to:
A. Operate the Program in a good and professional manner, and in full conformance with the requirements of City and State law, including but not limited to Antioch Municipal Code Title 5, Chapter 15 and California Penal Code Section 326.5.
B. Provide games of live caller bingo up to twice per week, on Mondays and Thursdays between the hours of 1:00 P.M. and 3:00 P.M.
C. Oversee quality control of the Program, including but not limited to ensuring compliance with City and State law by its volunteers and employees.
D. Only take possession of the Antioch Senior Center immediately prior to, during, and immediately after any live bingo operations under this MOU, in order to set up, operate, and conclude such bingo operations, and subject to all terms and conditions of the Donation of Use and Facility Use Terms Addendum set forth in Exhibit “A” to this MOU, attached hereto and incorporated by reference herein.
E. Operator shall not:
1. Conduct or allow to be conducted any games of bingo under the Program more than twice per calendar week (excepting any special annual events coordinated between the City and Operator pursuant to Antioch Municipal Code section 5-15.12(a)).
2. Limit participation in any games of bingo under the Program based on membership in Operator’s organization. All games must be open to the public.
3. Allow minors to participate in any bingo game.
4. Other than security personnel, pay any profit, wage, or salary from any bingo game to any person.
5. Permit any person to operate or staff any game of bingo who is not a member of Operator’s organization.
6. Exclude any person on the grounds of race, sex, creed, color, religion, national origin, or other protected class from participating in or enjoying the benefits of the Program.
7. Subject any person to discrimination on the grounds of race, sex, creed, color, religion, national origin, or other protected class in any activities, programs, or employment supported by this MOU.
F. Track the number of seniors served, average attendance, prize amounts, and net proceeds from bingo games, and provide reports to City as may be requested.
82595.00019\40831583.6
3. The City agrees to:
A. Only for as long as this MOU is in effect, donate the use of those designated portions of the Antioch Senior Center set forth in Exhibit A to the Operator to run the Program in conformance with the requirements of City and State law, including but not limited to Antioch Municipal Code Title 5, Chapter 15 and California Penal Code Section 326.5.
B. Promote the Bingo program utilizing marketing tools including but not limited to the Antioch Senior Center Newsletter the “Rivertown Report,” the City’s Recreation Guide, City Website, and City’s social media.
4. Release of Liability: Operator hereby releases, waives, and discharges the City, the City Council, members of the City Council, and its officials, directors, officers, employees, volunteers, agents or assigns (collectively, “Released Parties”) from and against any and all claims, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, “Claims”) arising out of or in any manner related to this use of the City Property. Operator knowingly and voluntarily waives any and all rights and benefits conferred upon Operator by the provisions of Section 1542 of the California Civil Code or by any similar law or provision, which Section reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXISTS IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
5. Indemnification. To the fullest extent permitted by law, Operator shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Operator, its officials, officers, employees, subcontractors, or agents in connection with the performance of this MOU, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Operator's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Operator, the City, its officials, officers, employees, agents, or volunteers. This provision shall survive any termination or expiration of this MOU.
6. Effective Date and Term. This MOU shall become operational and effective as of the date first set forth above and will remain in effect for one year from the effective date, unless terminated earlier in accordance with Section 7 of this MOU. The term of this MOU may be renewed by written amendment between the parties, unless a Party provides notice of non-renewal to the other Party prior to the end of the then-current term.
7. Termination and Modification. Either Party may terminate the MOU at any time by giving thirty days prior written notice to the other Party specifying the date of termination. The City may 82595.00019\40831583.6
immediately terminate this MOU by written notice specifying the date of termination for breach by Operator of its obligations hereunder. This MOU may only be modified in a writing signed by both Parties.
8. Insurance. The Operator shall maintain insurance through the life of this MOU as required in Exhibit “B” to this MOU, attached to this MOU and incorporated herein by reference.
9. Entire Agreement. This MOU represents the entirety of the agreement of the Parties with respect to the subject matter hereof.
10. Authority. The persons signing this MOU hereby warrant that he or she has the authority to bind the Party for which he or she is signing.
11. Severability. If any provision of this MOU shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that portion shall be deemed severed from this MOU and the remaining parts shall remain in full force as though the invalid, illegal, or unenforceable portion has never been part of this MOU.
12. Governing Law and Venue. This MOU shall be governed by the laws of the State of California without regard to conflicts of laws principles. Venue shall be in Contra Costa County, California.
13. Counterparts. This MOU may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same MOU.
14. Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures. [attached behind this page]
82595.00019\40831583.6
SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
CITY OF ANTIOCH
AND
ANTIOCH HISTORICAL SOCIETY
REGARDING CHARITABLE BINGO OPERATIONS
IN WITNESS WHEREOF, the Parties hereto have the authority to execute this MOU on the date as written below.
OPERATOR:
ANTIOCH HISTORICAL SOCIETY
By: ______________________________
Dwayne Eubanks, President
Date: _____________________________
ANTIOCH HISTORICAL SOCIETY
Contact:
DWAYNE EUBANKS
PRESIDENT
1500 W. 4th ST.
ANTIOCH, CA 94509
925-757-1326
[email protected]
CITY OF ANTIOCH
By: __________________________
Forrest Ebbs, Acting City Manager
Date: _______________________
ATTEST:
By:___________________________
Elizabeth Householder,
City Clerk
APPROVED AS TO FORM:
By: ____________________________
Thomas Lloyd Smith,
City Attorney
The City of Antioch Contact:
BRAD HELFENBERGER
PARKS AND RECREATION DIRECTOR
4703 LONE TREE WAY
ANTIOCH, CA 94531
925-779-7078
[email protected]
82595.00019\40831583.6
EXHIBIT A
DONATION OF USE AND FACILITY USE TERMS ADDENDUM
1. DEFINITIONS
“City Facility” means and refers to that certain City property commonly referred to and identified as the Antioch Senior Center, located at 415 W 2nd St, Antioch, CA 94509. “Services” means the administration and operation of games of live-caller bingo by Operator and Operator’s personnel, as well as attendant planning, set-up, and tear-down activities.
All other defined terms set forth in the Memorandum of Understanding between the City and Operator, to which this Exhibit A is attached (“MOU”), are incorporated as though fully set forth herein.
2. OPERATOR SHALL:
a. Be permitted to utilize the City Facility to provide Services on the dates and times as specified in the MOU, or as otherwise agreed to by both parties in writing. Operator shall only use that portion of the City Facility as designated by City staff for Operator’s use. City staff may expand, limit, or remove from use by Operator any and all portions of the City Facility by later written designation.
b. Provide all prizes and other incidental items, to be paid for with proceeds from the Services.
c. Ensure that Operator staff performing Services at the City Facility:
i. Meet any requirements for background checks (through the Department of Justice or other background check resource), required education or professional certification, and required insurance, as applicable. The City will conduct required background screenings for any volunteers conducting Bingo games at the Senior Center.
ii. Use the City Facility in a manner compliant all rules, regulations and policies of the City applicable to the City Facility.
iii. Assist in setting up or breaking down equipment used in the City Facility for providing Services, unless otherwise allowed by the City.
iv. Notify the City in writing of:
1. Damage to the property or unsafe conditions resulting from, or discovered during, performance of Services;
82595.00019\40831583.6
2. Conditions at the City Facility that require repair or maintenance in order to conduct Services;
3. Vandalism, damage, or unsafe conditions at the City Facility that are discovered by the Operator upon arrival at or during the use of the City Facility.
d. Cooperate fully with all reasonable requests from City staff.
e. Use the City Facility for performance of the Services and the Program, and for no other purpose.
f. Conduct the Services at the City Facility, at all times, in a safe, orderly and professional manner so as not to create a disturbance or nuisance, and so as not to impact any other uses of the City Facility or other City property, or to bother or harass any persons present at the City Facility.
2. THE CITY OF ANTIOCH SHALL:
a. During the term of the MOU, donate to Operator the use of those portions of the City Facility designated by staff on the dates and times as specified in the MOU, or as approved in advance and in writing by the City’s Parks and Recreation Director, and allow the Operator to use such portions of the City Facility as further specified herein at no cost for such use.
b. Upon request, subject to availability and approval by the City’s Parks and Recreation Director or designee, allow the Operator to use specified City desks, tables, chairs, and other equipment at the City Facility, as reasonably necessary for the provision of the Services.
c. Keep the City Facility in good repair and in a condition reasonably suitable for the Operator to perform Services, including the City’s provision of maintenance and janitorial services.
82595.00019\40831583.6
EXHIBIT B
INSURANCE REQUIREMENTS.
Before beginning performance under this MOU, Operator, at its own cost and expense, shall procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this MOU by Operator and its agents, representatives and employees. Operator shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City.
Operator shall maintain the insurance policies required by this section throughout the term of this MOU. Verification of the required insurance shall be submitted and made part of this MOU prior to execution. Insurers shall have an AM Best rating of no less than A:VII unless otherwise accepted by the City in writing:
1.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
1.2 Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Operator has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
1.3 Workers' Compensation Insurance. as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
1.4 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:
1.4.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Operator including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Operator’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
1.4.2 Primary Coverage. For any claims related to this contract, the Operator’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Operator’s insurance and shall not contribute with it. This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
82595.00019\40831583.6
1.4.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
1.4.4 Waiver of Subrogation. Operator hereby grants to City a waiver of any right to subrogation which any insurer of said Operator may acquire against the City by virtue of the payment of any loss under such insurance. Operator agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. This requirement shall only apply to the CGL, Automobile Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.
1.4.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Operator to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
1.4.6 Claims made policies. If any of the required policies provide claims-made coverage:
1.4.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
1.4.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
1.4.6.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Operator must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
1.5 Certificate of Insurance and Endorsements. Operator shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Operator’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. _______
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
SUBJECT: Award of an Agreement for Print and Mail Services for Utility Billing RFP 946-0203-23G
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
approving award of an agreement for print and mail services of water utility bills to InfoSend for a five-year term, and
authorizing the to execute the contract in a form approved by the City Attorney.
FISCAL IMPACT
The five-year projected cost of the contract is $395,700 and will be paid for out of the Water and Sewer Enterprise Funds. An estimated cost for these services is included in the FY2023-25 draft budget.
DISCUSSION
In 2018, the City Council approved entering into a print and mail services contract for the printing and mailing of the Citys utility bills with InfoSend. The current contract expires June 30, 2023. The City of Antioch generates approximately 37,000 water utility bills per month.
A request for quotation (RFP) was sent out on February 2, 2023 and was due on March 3, 2023. The RFP requested all respondents to provide costing of the three year contract term with the option of renewing it for two years.
Three service providers responded to the RFQ. Original respondents were: InfoSend, Standard Printing Company, and BMS Direct. Finance staff reviewed and analyzed all proposals. The selection criteria was not solely cost based. Responsiveness to all required quotation requirements; overall cost; ease and timeliness of conversion; depth of services and support; technical and online capability; and references were all considered.
Antioch City Council Report
March 28, 2023 Agenda Item # 2
Based upon the review, InfoSend will provide the required services at the most cost- effective price. InfoSend provided a fixed per item cost over a five-year term while the other two respondents will adjust per item costs in future years if materials costs increase.
The City has been very satisfied with InfoSends services since the inception of the prior contract. The five-year contract cost is estimated to be $395,700, excluding postage costs. The per item cost (as outlined in Attachment A and Exhibit A) will be fixed for the contract term, but the monthly costs will fluctuate based on the actual per item count processed. The costs will be paid out of the Water and Sewer Enterprise Funds.
ATTACHMENTS
A.Bid Tabulation
B.Resolution
1. Exhibit A to Resolution InfoSend Five-Year Pricing Proposal Vendor
STANARD PRINTING
COMPANY (a)
INFOSEND3 YEAR
CONTRACT (b)
INFOSEND5 YEAR
CONTRACT (b) BMS DIRECT INC (c)
Location PHOENIX, AZ Anaheim, CA Anaheim, CA LYNCHBURG,VA Est.
Quantity
Programming, testing and
implementation $1,000.00 $0.00 $0.00 $600.00
Set up fees $0.00 $0.00 $0.00 $0.00
Bulk permit costs $0.00 $0.00 $0.00 $0.00
Shipping costs AT COST IF NEEDED AT COST IF NEEDED AT COST IF NEEDED AT COST IF NEEDED Requested programming changes
after initial implementaion $150.00 HR N/A N/A 150.00 HR Service Fees Regular Bills PER ITEM COST PER ITEM COST PER ITEM COST PER ITEM COST File transmission $0.00 $0.00 $0.00
Data processing $0.005 $0.00 $0.00
Two sided Bill printing, electronic
overlay. 37000/mos $0.022 $0.0649 $0.079 $0.0950
Standard Paper Stock 37000/mos $0.022 $0.0153 $0.019 INCLUDED ABOVE Outgoing Envelope 37000/mos $0.025 $0.0225 $0.028 $0.0300 Return Envelope 37000/mos $0.035 $0.0205 $0.025 $0.0442 Sorting / Folding / inserting37000/mos $0.0550 $0.0000 $0.0000 Mail preparation 37000/mos $0.0000 $0.0000 $0.0000
Delivery to USPS 37000/mos $0.0000 $0.0000 $0.0000
Total per item cost $0.164 $0.1232 $0.151 $0.169
Subtotal monthly per item cost $6,068.00 $4,558.40 $5,587.00 $6,259.29 Subtotal monthly per file/other
cost $0.0000 $0.0000 $0.0000 $9,225.00
Total monthly cost for regular bills $6,068.00 $4,558.40 $5,587.00 $15,484.29 Service Fees Delinquent Bills
File transmission $0.00 $0.00 $0.00
Data processing $0.005 $0.00 $0.00
Bill Printing electronic overlay2000/wk $0.022 $0.0649 $0.079 $0.1550 Standard Paper Stock 2000/wk $0.022 $0.0153 $0.019 $0.0000 Outgoing Envelope 2000/wk $0.025 $0.0225 $0.028 $0.0000 Sorting / Folding / inserting2000/wk $0.055 $0.00 $0.00 Mail preparation 2000/wk $0.00 $0.00 $0.00
Delivery to USPS 2000/wk $0.00 $0.00 $0.00
Total per item cost $0.1290 $0.1027 $0.1260 $0.1550
Subtotal monthly per item cost $1,032.00 $821.60 $1,008.00 $1,240.00 Subtotal other monthly cost $0.00 $0.00 $0.00 $1,700.00 Total monthly cost for delinquent bills $1,032.00 $821.60 $1,008.00 $2,940.00
TOTAL MONTHLY COST TO
OUTSOURCE $7,100.00 $5,380.00 $6,595.00 $18,424.29
ESTIMATED ANNUAL COST TO
OUTSOURCE $85,200.00 $64,560.00 $79,140.00 $221,091.48
ESTIMATED 5 YEAR COST $426,000.00 N/A $395,700.00 $1,105,457.40 Notes:
(a)Standard Printing terms state pricing may be adjusted for increases in cost of materials, labor and other overhead with 30 day notice (b)Infosend offering fixed cost per item pricing over 5 year term (c)BMS pricing terms state future adjustments to pricing will be adjusted by the PPI Industry $275 PER FILE
$150 PER MONTH
$275 PER WEEK
$150 PER WEEK
BID TABULATIONPRINT AND MAIL SERVICES RFP 946020223G
ATTACHMENT A
ATTACHMENT B
RESOLUTION NO. 2023/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING
AWARD OF AN AGREEMENT FOR PRINT AND MAIL SERVICES OF UTILITY BILLS
TO INFOSEND
WHEREAS, the City currently outsources the printing and mailing of its water utility bills; and
WHEREAS, the current contract for services expires June 30, 2023; and WHEREAS, the City issued a Request for Quotation in February 2023; and WHEREAS, after consideration of all bids received, staff recommends awarding an agreement for print and mail services of utility bills to InfoSend for the fees as proposed in Exhibit A for a term of five years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
Approves award of an agreement for print and mail services of the Citys utility bills to InfoSend for a term five years for the fees proposed in Exhibit A, attached hereto and incorporated by reference; and
Authorizes the to execute the agreement in a form approved by the City Attorney.
* * * * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 28th day of March 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Exhibit A
4 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
SUBJECT: Sales Tax Citizens Oversight Committee Appointments for the vacancies expiring March 2026
RECOMMENDED ACTION
It is recommended that:
1) The Mayor nominates two (2) members to the Sales Tax Citizens Oversight Committee for the vacancies expiring March 2026.
2) The City Council appoint [Seanzell Lewis and Erika Raulston] by resolution as members to the Sales Tax Citizens Oversight Committee for the vacancies expiring March 2026.
FISCAL IMPACT
There is no fiscal impact to the City as all positions are voluntary.
DISCUSSION
The Sales Tax Citizens Oversight Committee (Committee) is responsible for reviewing the receipt and expenditure of funds under Measure W as they relate to the Councils stated priorities outlined in the adopted budgets of the City. The Committee is responsible for reporting out the result of their review by April 1st of each year at a public meeting.
The Committee consists of seven members who are Antioch residents. The terms of the Committee members are staggered with four members serving a 4-year term and 3 members serving a 2-year term. At least one member of the Committee shall have a financial, accounting or auditing background. The Committee is appointed by the Mayor and approved by the City Council.
Four (4) partial-term positions expiring March 2026 and one (1) partial-term expiring March 2024 are currently vacant. The City of Antioch advertised to fill the vacancies in the usual manner with an application deadline of January 4, 2023 at 5:00 p.m. The applicants were interviewed by Mayor Lamar Thorpe and Finance Director Dawn Merchant. Mayor Thorpe is nominating the following two applicants for partial terms expiring March 2026:
Antioch City Council Report
March 28, 2023 Agenda Item #4 2
Seanzell Lewis
Erika Raulston
ATTACHMENTS
A. Resolution
B. Applications
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING [TO BE FILLED IN AFTER APPOINTMENT] TO THE SALES TAX CITIZENS OVERSIGHT COMMITTEE FOR TWO OF THE PARTIAL-TERM VACANCIES EXPIRING IN MARCH 2026
WHEREAS, four (4) partial-term committee member vacancies on the Sales Tax Citizens Oversight Committee expire in March 2026 and one (1) partial-term committee member vacancy expires March 2024;
WHEREAS, the City Clerks Office announced vacancies and accepted applications for the vacancies through January 3, 2023;
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 appointment of said nominee; and
WHEREAS, Mayor Lamar Thorpe has nominated [to be filled in] to two of the Sales Tax Citizens Oversight Committee member partial-term vacancies expiring in March 2026.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves Mayor Thorpes nominations of [to be filled in] to two of the Sales Tax Citizens Oversight Committee member partial-term vacancies expiring in March 2026 appointing him/her/them to serve on the Sales Tax Citizens Oversight Committee.
* * * * * * * * * * * * *
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 28th day of March 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
5 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:
SUBJECT:
Forrest Ebbs,
Tobacco Ordinance Discussion
RECOMMENDED ACTION
It is recommended that the City Council receive and file this report and offer any questions or direction to staff.
FISCAL IMPACT
There are no fiscal impacts incurred by the City as no action is required.
DISCUSSION
Tobacco Retailer
Antioch Municipal Code (AMC) Section 9-5.3843 describes the regulations pertaining to t limited to, large retailers, grocery
stores, convenience stores, liquor stores, and dedicated cigarette shops.
Section 9-5.3843(B) prohibits new Tobacco Retailers in the City of Antioch. Those stores that were lawfully established prior to adoption of the ordinance on August 8, 2017, are considered legal nonconforming and may continue to sell tobacco products. Any store established since this date may not sell tobacco products with the following common exceptions:
a) Convenience stores when ancillary to a gas station and having less than 20% of their sales area devoted to tobacco products.
b) Retail businesses larger than 5,000 square feet with less than 5% of their sales area devoted to tobacco products.
If a new business qualifies as one of these exceptions, it may be established with a Use Permit. However, Section 9-5.3843(E)(2)(c) requires a separation of 1,000 feet from a Tobacco Retailer and any school, public park, playground, recreational center, or child care center.
In addition, Section 9-5.3843(D)(2) limits how certain Tobacco Retailer businesses can be transferred or sold. Those Tobacco Retailers with 20% or more of their floor area Antioch City Council Report
March 28, 2023 Agenda Item #5 2
devoted to the sale or display of tobacco products may not be sold or transferred after January 1, 2023. This applies primarily to dedicated cigarette shop (smoke shops) that primarily sell tobacco products. Most convenience stores, liquor stores, and similar use less than 20% of their floor area for tobacco products. Sold or Transferred is defined as follows:
Any assignment, delegation, designation, sale, or transfer of real property or interests in real property, including but not limited to:
(a) A change to the name of the operator on the city business license; (b) A change in the leaseholder of the commercial space; (c) A change to the name listed on any other official government document related to the business.
Persons currently owning a qualifying Tobacco Retailer may not sell or transfer the business to another party, which includes gifting or willing the business to a relative or other party. The business may continue to operate but would theoretically be closed when the current operator no longer desires to operate the business. It could not be reopened under new ownership.
Tobacco Products
The City Council adopted an ordinance on June 14, 2022 that restricted the local sale of certain tobacco products. This ordinance went into effect on December 14, 2022. This ordinance, now contained in Section 6-8.14, imposes restrictions on the type and quantity of tobacco products that can be sold in the City of Antioch. These restrictions apply to all existing Tobacco Retailers and are as follows:
Statewide Restriction
1. Tobacco products with an added ingredient that imparts a characterizing flavor are prohibited. This includes, but is not limited to, menthol cigarettes, flavored vape products, flavored smokeless tobacco, and flavored cigarillos.
Local Restrictions
2. Tobacco products with a characterizing flavor are prohibited.
3. The sale of electronic cigarettes (vapes) is prohibited.
4. Little cigars, or cigarillos, must be sold in packs of at least twenty. This includes products sold under the Swisher Sweet brand name that are commonly sold in two packs.
5. Large cigars must be sold in packs of at least six. This includes conventional cigars weighing more than three pounds per thousand.
6. Any package of cigarettes, little cigars, or cigars may not be sold for less than ten dollars, including applicable fees and taxes.
The local restriction on products with characterizing flavor is similar to state law State law, except it is not limited to added ingredients. The four additional restrictions are unique to the City of Antioch and exceed State standards.
Other Tobacco Regulations
In addition to these recent additions, the Antioch Municipal Code contains extensive Antioch City Council Report
March 28, 2023 Agenda Item #5 3
restrictions on smoking throughout the City. These regulations primarily date to 1993 with limited updates. A complete copy of the smoking regulations is attached. The City discontinued issuing local tobacco retailer licenses when the State of California began State licensing in 2003.
Enforcement Actions
Since enaction of the local ordinance and State law, the Code Enforcement Division has addressed multiple complaints through an educational campaign. Individual stores have been visited and their operators have been advised of the State and local restrictions.
The State law is commonly understood by local vendors, but the local restrictions are not well known. The educational approach has resulted in improved compliance and no citations have been issued or warranted.
Options for Discussion
City staff has been approached by local business owners and their representatives about the sole authority of the City Council, they may be revisited at its discretion. Staff is requesting a discussion and, if desired, direction to either maintain the current ordinance or to pursue targeted revisions.
ATTACHMENT
A. Antioch Municipal Code Sections 9-5.3843 and Title 6, Chapter 8.
ATTACHMENT A
A1
A2
A3
A4
A5
A6
A7
A8
A9
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:
SUBJECT:
Forrest Ebbs,
Rental Inspection Program Information
RECOMMENDED ACTION
It is recommended that the City Council receive and file this report and offer any questions or direction to staff.
FISCAL IMPACT
There are no fiscal impacts incurred by the City as no action is required.
DISCUSSION
Background
Antioch Municipal Code (AMC) Title 5, Chapter 20 describes a Rental Dwelling Unit Maintenance and Inspection Program, known as the Residential Rental Inspection Program (RRIP). The current ordinance was adopted in 2007 and was implemented through approximately 2010 when the program was discontinued due to staffing reductions. It has not been active since that time but the ordinance remains valid and the program may be reactivated at any time.
-family
homes, duplexes, and apartments. It does not apply to mobile home parks or hotels. The owner of each rental unit is required to register the rental unit with the City of Antioch for the purposes of this ordinance. Once registered, the rental unit is inspected by a City inspector. The purpose of the inspection is to identify any substandard conditions or municipal code violations that require remedy. The ordinance includes specific building and maintenance standards as well as other standards that are contained in Title 5, Chapter 1, Property Maintenance, and throughout the municipal code. Building and fire codes are also applied during the inspection to ensure building safety and that proper fire egress is maintained.
If no substandard conditions are identified or if substandard conditions are identified and corrected by the first re-inspection, the rental unit is eligible for future self-certification.
Under this streamlined process, a physical inspection by a City inspector is not required and the property owner may self-certify that their property is in compliance. If a property owner is subject to a valid complaint, its owner loses the privilege of self-certification.
Antioch City Council Report
March 28, 2023 Agenda Item #6 2
The current fees for the Residential Inspection Program, according to the Master Fee Schedule, are as follows:
Initial Registration: $73
Inspection Fee (1st four units): $227
$14
Annual Self Certification Fee: $33
Re-Inspection Fee: $160
Other Models
The Cities of Oakley and Brentwood each have a residential rental inspection program that only evaluates the exterior of a rental property. It applies to single-family as well as multifamily properties. Basic inspections of the visible exterior of the property are performed and any visible violations are noted and addressed through their code enforcement processes. A self-certification process is available to compliant properties.
The City of Concord operates a residential rental inspection program that only addresses multi-family properties. The inspections are more thorough and include the interior and exterior of all multi-family buildings and apartment units. The inspections include, but are not limited to, the common areas and amenities, parking lots, landscaping, and carports.
A self-certification process is also available for compliant properties.
The Contra Costa County Fire Protection District administers a program to annually inspect all multi-family residential buildings to ensure that life safety and fire suppression systems are maintained. General conditions not relating to safety are not addressed by their inspections.
Code Enforcement Division
The Code Enforcement Division of the Community Development Department is currently budgeted for fourteen code enforcement officers and will soon fill the two remaining vacancies. The Division is also in the process of moving some staff to the Antioch Community Center to establish a southern bureau. The rapid growth of the Code Enforcement Division affords opportunity to establish new priorities or assignments. A residential rental inspection program could be reestablished under current staffing levels without a new impact to the
officers would be assigned to this specific responsibility on a full-time basis. This would code enforcement assignments. No change to the budget would be required unless the City Council elects to maintain current assignments for the budgeted officers and pursue additional staff specifically for a rental inspection program.
Options for Discussion
If the City Council desires to reestablish a residential rental inspection program, staff recommends that the existing ordinance be updated to reflect the current priorities of the City Council and needs of the community. The following options are provided for discussion.
Antioch City Council Report
March 28, 2023 Agenda Item #6 3
1. Reestablish the Residential Rental Inspection Program (RRIP) as currently described in the Antioch Municipal Code (AMC). The program would apply to the interior and exterior of single-family and multi-family rental units.
2. Amend the AMC to direct the focus on multi-family rental units with improved clarity on standards specific to these building types. Single-family rental units would be excluded, except when a complaint is received.
3. Amend the AMC to emphasize multi-family rental units while requiring exterior-only inspection of single-family rental units.
Each of the above options would have a self-certification process and appropriate fees, and would use existing and anticipated Code Enforcement staff.
If an amendment to the AMC is supported, staff will return at a later date with a draft ordinance and supporting analysis.
ATTACHMENT
A. Title 5, Chapter 20, Rental Dwelling Unit Maintenance and Inspection Program
ATTACHMENT A
A1
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A6
8 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Economic Development Director
APPROVED BY: Forrest Ebbs, Acting City Manager
SUBJECT: Economic Development Commission Review of Past Purpose and Future Value
RECOMMENDED ACTION
It is recommended that the City Council discuss the future relevance of the Economic Development Commission.
FISCAL IMPACT
This discussion has no fiscal impact.
DISCUSSION
Background – The Antioch City Council took action to create the Economic Development Commission (“EDC”) by Resolution 2001/16 on February 13, 2001. The EDC was composed of seven members of Antioch residents with preferred backgrounds in commercial real estate, marketing, or investment banking. The purpose of the EDC was to make recommendations to the City Council and staff regarding policies, regulations, marketing, development strategies and activities to retain and enhance the economic base of the community, and further to articulate a vision of economic development with clearly defined goals and objectives for the City of Antioch during the initial five years of its formation.
In an effort to address issues related to lack of quorum due to resignations and on-going attendance, in June 2008, the City Council changed the size and composition of the EDC, reducing it from seven to five members allowing for two members to be non-resident business owners. On January 13, 2009, the City Council took action restoring the size of the EDC back to seven members with at least 5 members being Antioch residents.
Over the years, the EDC has provided recommendations to the City Council that include but are not limited to the following:
Prevailing Wage and Project Labor Agreements related issues to a specific development – 2002
Antioch City Council Report
March 28, 2023 Agenda Item#8 2
Rivertown Parking Study and Rivertown Promotional Partnership – 2007 Provided input in the creation of the Northern Waterfront Economic Development Initiative – 2015
Recurring discussions on three areas of focus, Antioch’s Competitive Advantage and Business Climate, Infrastructure and Targeted Development, and Regional Economic Development – 2015-2017
Evaluation of the potential benefits of the cannabis industry – 2017 Measure W evaluation – 2018
Somersville District Analysis with Saint Mary’s College – 2018-2020 Modern Workspaces recommendation to City Council – 2018-2019 Analyzed Economic Development section of the Strategic Visioning Plan 2018- 2022
Evaluated staff recommendations on COVID-19 small business support efforts 2020
The Economic Development Department currently administers the EDC. Due to a lack of attendance and commissioner vacancies, the EDC met once during the 2022 calendar year on April 5, 2022. The Department now has a staff of two and is working on the implementation of nine initiatives that were approved with the adoption of the Economic Development Strategic Action Plan and Tool Kit. Continued administration of the Commission will limit the Department’s capacity to address some initiatives due to the resources required to properly notice and conduct meetings. The benefits of the Commission should be evaluated in the context of limited staff resources and other initiatives with greater impact.
The City Council is asked to provide direction on the future of the Economic Development Commission. The following alternatives are provided for discussion:
1. Reinstate the EDC by seeking 4 new members to accompany the three remaining members
2. Reform the EDC to an advisory committee that meets when needed and isn’t subject to the rules and regulations of a City-appointed commission (i.e. subject to the Brown Act)
3. Dissolve the EDC
4. Other City Council recommendation
ATTACHMENTS
None