Antioch City Council
August 8, 2023

ANNOTATED AGENDA
Antioch City Council

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

Date: Tuesday, August 8, 2023
Time: 5:30 P.M. – Closed Session
7:00 P.M. – Regular Meeting

Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509

City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see 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 Kwame P. Reed, 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 Coor dinator 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 Co ordinator can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].

ANTIOCH CITY COUNCIL -1- AUGUST 8, 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 reas on 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 t o 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 forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.

5:31 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 1) Torres-Walker, and Mayor Thorpe (Council Member District 4 Wilson – Absent)

PUBLIC COMMENTS for Closed Session

CLOSED SESSION:

1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY
ATTORNEY. This closed session is authorized pursuant to California Government Code section 54957.

No reportable action

2) CONFERENCE WITH REAL PROPERTY NEGOTIATIONS – pursuant to California Government Code section 54956.8; Property: East 18th Street and Wilson Street (APN: 051 -400-027), Antioch, CA; Negotiating Parties: City of Antioch Negotiators: Kwame P. Reed, Acting City Manager and Thomas Lloyd Smith, City Attorney; Contra Costa County Fire Protection District Negotiator:

Lewis Broschard, Fire Chief; Under Negotiation: Price and terms of payment.

No reportable action

ANTIOCH CITY COUNCIL -2- AUGUST 8, 2023

CLOSED SESSION – Continued

3) CONFERENCE WITH REAL PROPERTY NEGOTIATIONS – pursuant to California Government Code section 54956.8; Property: 800 W. 2nd Street, Antioch, CA; Negotiating Parties: City of Antioch Negotiators: Kwame P. Reed, Acting City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Chris Burns, Broker/Owner Representative; Under Negotiation: Price and terms of payment.

No reportable action

4) CONFERENCE WITH LEGAL COUNSEL – Existing Litigation pursuant to California Government Code section 54956.9(d)(1); Valencia v. City of Antioch, et al., San Joaquin County Superior Court, Case No. STK -CV-UAT- 2022-461
No reportable action

5:40 P.M. MOTIONED TO ADJOURN CLOSED SESSION

7:00 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Council Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 1) Torres- Walker, and Mayor Thorpe (Council Member District 4 Wilson – Absent)

PLEDGE OF ALLEGIANCE

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

PUBLIC HEARING – Continued from July 25, 2023, Council Meeting

1. ORDINANCE AMENDING ARTICLE 15 OF CHAPTER 5 OF TITLE 4 OF THE ANTIOCH

MUNICIPAL CODE AND CHANGING THE PRIMA FACIA SPEED LIMIT ON VARIOUS ROADWAYS (P.W. 282-3A)

7:08 P.M. RECESS – During Public Hearing Agenda Item #1 7:11 P.M. RECONVENED, ROLL CALL – Council Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 1) Torres -Walker, and Mayor Thorpe (Council Member District 4 Wilson – Absent)

To August 22, 2023, for adoption, 4/0
Recommended Action: It is recommended that the City Council introduce by title only, and waive the first reading, of an Ordinance amending Article 15 of Chapter 5 of Title 4 of the Antioch Municipal Code “Special Speed Zones” in order to change the prima facie speed limit on certain streets.

ANTIOCH CITY COUNCIL -3- AUGUST 8, 2023

COUNCIL REGULAR AGENDA – Continued from July 25, 2023, Council Meeting

2. PROPOSED TRAFFIC CALMING IMPROVEMENTS FOR SYCAMORE DRIVE, JAMES DONLON BOULEVARD, AND WEST 10TH STREET
Reso No. 2023/126 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt the resolution:

1) Approving the proposed traffic calming improvements for (1) Sycamore Drive, (2) James Donlon Boulevard (from
Somersville Road to Contra Loma Boulevard and from Contra Loma Boulevard to Lone Tree Way), and (3) West 10th Street; and

2) Approving an amendment to the Fiscal Year 2023/24
Operating Budget to include $425,000 from the Gas Tax Fund for the traffic calming improvements for Sycamore Drive.

3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

➢ JOIN THE ANTIOCH COUNCIL OF TEENS – The ‘Youth Voice’ for the City of Antioch ▪ Make a difference and represent your City – Visit us at: antiochca.gov/act For more information, email: [email protected]

➢ THE ANTIOCH COUNCIL OF TEENS – BOWLING NIGHT – August 8, 2023 ▪ Delta Bowl, 3300 Delta Fair Boulevard, Antioch, CA

➢ MULTICULTURAL FESTIVAL – WILLIAMSON RANCH PARK
▪ Lone Tree Way (cross-street Hillcrest Avenue), Antioch, CA – August 12, 2023

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 -4- AUGUST 8, 2023

4. CONSENT CALENDAR

A. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JUNE 23, 2023 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the Special Meeting Minutes.

B. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 27, 2023 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

C. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 25, 2023 Continued, 4/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

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

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

COUNCIL MEMBER BARBANICA RECUSED HIMSELF PRIOR TO THE DISCUSSION O F CONSENT CALENDAR ITEM #F

F. SECOND READING – ORDINANCE PROHIBITING RETALIATION AND HARASSMENT OF RESIDENTIAL TENANTS (Introduced on July 25, 2023)
Motion to continue failed, 2/1 (Ogorchock)
[Barbanica – Recused]
Recommended Action: It is recommended that the City Council adopt the Ordinance adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code prohibiting retaliation and harassment of residential tenants.

COUNCIL MEMBER BARBANICA RETURNED TO THE DAIS AFTER COUNCIL VOTE ON CONSENT CALENDAR ITEM #F

ANTIOCH CITY COUNCIL -5- AUGUST 8, 2023

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

G. REJECTION OF CLAIM: JUSTIN AND SHEILA NARTEA
Rejected, 4/0
Recommended Action: It is recommended that the City Council reject the claim submitted by Justin and Sheila Nartea.

H. THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH URBAN

PLANNING PARTNERS FOR HOUSING ELEMENT AND SAFETY AND

ENVIRONMENTAL JUSTICE ELEMENT PREPARATION SERVICES
Reso No. 2023/127 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving the third amendment to the Consulting Services Agreement with Urban Planning Partners in an amount not to exceed $67,772 for a total contract amount of $885,277 for Housing Element and Safety and Environmental Justice
Element preparation services and extending the t erm of the contract through December 30, 2024; and

2) Authorizing the Acting City Manager or designee to execute the third amendment to the Agreement with Urban Planning
Partners in a form approved by the City Attorney.

MAYOR THORPE RECUSED HIMSELF PRIOR TO THE DISCUSSION OF CONSENT CALENDAR ITEM #I. MAYOR PRO TEM TORRES-WALKER PRESIDED OVER THE MEETING.

I. RENEWAL OF VESTING TENTATIVE SUBDIVISION MAP 357 -302-20, FINAL

DEVELOPMENT PLAN, AND DESIGN REVIEW
Motioned to continue to the August 22, 2023, Council Meeting, 3/0 [Thorpe – Recused]
Recommended Action: It is recommended that the City Council adopt the resolution approving a one -year extension of the vesting tentative subdivision map, final development plan, and design review approvals for the Wild Horse Multifamily Project.

MAYOR THORPE RETURNED TO THE DAIS AFTER COUNCIL VOTE ON CONSENT CALENDAR ITEM #I

ANTIOCH CITY COUNCIL -6- AUGUST 8, 2023

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

J. RESOLUTION ADOPTING TRANSPORTATION AND VEHICLE MILES TRAVELED

IMPACT ANALYSIS GUIDELINES
Reso No. 2023/128 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution adopting the Transportation and Vehicle Miles Traveled Impact Analysis Guidelines.

K. ACCEPTANCE OF HILLCREST AVENUE FOR OFFSITE IMPROVEMENTS, SUBDIVISION 9569 (TRI POINTE HOMES HOLDINGS) (P.W. 697-6) Reso No. 2023/129 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting completed improvements and authorizing the Acting City Manager or designee to file a Notice of Completion for the Hillcrest Avenue improvements included within the Promenade Phase 6 Offsite Infrastructure Improvement Plans, constructed by Tri Pointe Homes.

PUBLIC HEARING

5. DESIGN GUIDELINES ZONING TEXT AMENDMENT AND RESIDENTIAL OBJECTIVE

DESIGN STANDARDS

Recommended Action: It is recommended that the City Council take the following actions:

To August 22, 2023, for adoption AND
1) Introduce by title only and waive the first reading of the ordinance amending Section 9-5.2609 of the Antioch Municipal Code regarding design guidelines.

Reso No. 2023/130 adopted,
4/0
2) Adopt the resolution approving the Single Family and Missing Middle Objective Design Standards.

CEQA: The item is exempt under Section 15061(b)(3), the “Common Sense” Exemption.

ANTIOCH CITY COUNCIL -7- AUGUST 8, 2023

PUBLIC HEARING – Continued

6. PUBLIC HEARING TO ORDER IMPROVEMENTS AND LEVY ANNUAL ASSESSMENTS FOR STREET LIGHT AND LANDSCAPE MAINTENANCE DISTRICTS 1, 2A, 4, 5, 9, AND 10 FOR FISCAL YEAR 2023/24 (P.W. 500)
Reso No. 2023/131 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution ordering improvements and levying annual assessments for Street Light and Landscape Maintenance Districts 1, 2A, 4, 5, 9, and 10 for Fiscal Year 2023/24.

COUNCIL MEMBER BARBANICA REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE COUNCIL REGULAR AGENDA ITEM #8 TO BE HEARD AS THE NEXT ORDER OF BUSINESS; APPROVED 4/0

COUNCIL REGULAR AGENDA

8. RESOLUTION TO SUPPORT LOCAL, STATE, AND FEDERAL EFFORTS TO EXONERATE THE PORT CHICAGO 50
Reso No. 2023/132 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution to support Local, State, and Federal efforts to exonerate the Port Chicago 50.

COUNCIL MEMBER BARBANICA REQUESTED A MOTION TO CONTINUE COUNCIL REGULAR AGENDA ITEMS #7 AND #9 TO THE AUGUST 22, 2023, COUNCIL MEETING; APPROVED 4/0

7. RESOLUTION APPROVING A NEW CLASS SPECIFICATION FOR PROPERTY AND

EVIDENCE SUPERVISOR, ASSIGNING A SALARY RANGE, AND ASSIGNING THE CLASSIFICATION TO THE MANAGEMENT (MID/PROF.) BARGAINING UNIT

Recommended Action: It is recommended that the City Council adopt a resolution approving the New Class Specification for Property and Evidence Supervisor, assigning a salary range, and assigning the classification to the Management (Mid/Prof.) Bargaining Unit.

9. DISCUSSION ON HIRING OF RETIRED POLICE OFFICERS

Recommended Action: It is recommended that the City Council discuss the idea of potentially hiring retired police officers.

ANTIOCH CITY COUNCIL -8- AUGUST 8, 2023

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 meeting at 11:08 p.m., 4/0

PUBLIC COMMENTS

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 90 days.

Meetin9s
on the
2ND And 'fTH

WEDNESDAYS
FREE

FOOD AND
DRINKS
For more informAtion contAct:

[email protected]
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Open to
6th-12th
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MULTICULTURAL
August 12, 2023August 12, 2023August 12, 202312:00-5:00pm12:00-5:00pm12:00-5:00pmWilliamson Ranch ParkWilliamson Ranch ParkWilliamson Ranch Park

FOOD TRUCKSFOOD TRUCKS LIVE PERFORMERSLIVE PERFORMERS AND MOREAND MOREKIDS ZONE MUSIC VENDORS

CITY COUNCIL MEETING

Special Meeting June 23, 2023
10:30 A.M. Council Chambers

10:00 A.M. - CLOSED SESSION

Mayor Thorpe called the Special meeting to order at 10: 00 A.M., and Acting City Clerk Rosales called the roll.

Present: Council Members District 2 Barbanica, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe

Absent: Council Member District 3 Ogorchock

Mayor Thorpe stated he would like to make a motion to postpone Special meetings Items to a future date.

Assistant City Attorney Hundley explained that item could be discussed when the Special meeting convened.

1. PUBLIC EMPLOYEE APPOINTMENT – This closed session is authorized pursuant to Government Code section 54957(b). Title: Acting City Manager.

PUBLIC COMMENTS – None

ADJOURN TO CLOSED SESSION

Mayor Thorpe adjourned to Closed Session at 10:02 A.M.

10:30 A.M. SPECIAL MEETING

Mayor Thorpe called the Special meeting to order at 10:30 A.M., and Acting City Clerk Rosales called the roll.

Present: Council Members District 2 Barbanica, District 4 Wilson, and Mayor Thorpe

Absent: Council Members District 3 Ogorchock and Mayor Pro Tem (District 1) Torres - Walker

PLEDGE OF ALLEGIANCE

Mayor Thorpe led the Pledge of Allegiance.

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

Assistant City Attorney Hundley reported the City Council had been in Closed Session and gave the following report: #1 PUBLIC EMPLOYEE APPOINTMENT, Council voted to appoint Director of Economic Development Reed as Acting City Manager, by a 4/0 vote.

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ANTIOCH CITY COUNCIL
Special Meeting
June 23, 2023 Page 2 of 3

Mayor Thorpe explained general public comment was not on the agenda this morning: however, the speaker could address specific items on the agenda.

James Britto, Delta Association of Realtors, invited the Council to attend their annual reception on June 28, 2023.

COUNCIL REGULAR AGENDA

1. DISCUSSION ITEM: UPDATE ON THE AMERICAN RESCUE PLAN ACT (ARPA)

FUNDING

2. DISCUSSION ITEM: CONSIDERATION OF LIGHTING THE PEDESTRIAN CROSSING

ON JAMES DONLON BOULEVARD

3. DISCUSSION ITEM: UPDATE ON PARK PERMITTING FEES

4. DISCUSSION ITEM: CONSIDERATION OF A FREE COMMUNITY EVENT AT

PREWETT WATER PARK SPONSORED BY THE ANTIOCH POLICE DEPARTMENT

5. DISCUSSION ITEM: UPDATE ON CAMERA INSTALLATION ON CITY STREETS

6. DISCUSSION ITEM: CONSIDERATION OF A PRESENTATION BY WHITE PONY

EXPRESS NON-PROFIT ORGANIZATION (FOOD RESCUE AND GENERAL STORE)

7. DISCUSSION ITEM: HIGHWAY 4 AND L STREET GRAFFITI ABATEMENT AND

CALTRANS COORDINATION

8. DISCUSSION ITEM: POLICE CHIEF ATTENDANCE AT CITY COUNCIL MEETINGS

9. DISCUSSION ITEM: ANTIOCH POLICE DEPARTMEN T MANAGEMENT OF OWN

FLEET PURCHASING

10. DISCUSSION ITEM: EMERGENCY OPERATIONS CENTER (EOC) UPGRADE AND UPDATE

11. DISCUSSION ITEM: CODE ENFORCEMENT SERVICES FOR THE DELTA FAIR

BOULEVARD AREA

12. DISCUSSION ITEM: MORATORIUM ON NEW GAS STATIONS

13. DISCUSSION ITEM: JUST CAUSE EVICTION AND ANTI -TENANT HARRASSMENT

ORDINANCE

14. DISCUSSION ITEM: MORATORIUM ON RENT INCREASES AND EVICTIONS

15. DISCUSSION ITEM: PRESENTATION ON CURRENT REPARATION EFFORTS

ANTIOCH CITY COUNCIL
Special Meeting
June 23, 2023 Page 3 of 3

16. DISCUSSION ITEM: HUMAN RIGHTS AND RACIAL EQUITY COMMISSION

17. DISCUSSION ITEM: REVIEW OF THE CURRENT RENTAL INSPECTION

ORDINANCE

18. DISCUSSION ITEM: IMPROVING CONNECTIVITY (WI -FI, INTERNET) FOR

NEIGHBORHOODS HARDEST IMPACTED DURING THE PANDEMIC

On motion by Councilmember Barbanica, seconded by Councilmember Wilson, the City Council members present unanimously postponed Council Regular Agenda Items #1-18 to an Adjourned Special Meeting at 6:00 P.M. on June 27, 2023.

With the previous change, Mayor Thorpe stated the June 27, 2023, Closed Session would be rescheduled for 5:00 P.M.

ADJOURNMENT

On motion by Councilmember Barbanica, seconded by Councilmember Wilson, the City Council members present unanimously adjourned the Special meeting at 10:35 A.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

Adjourned Special/Regular Meeting June 27, 2023
6:00 P.M. Council Chambers

5:00 P.M. - CLOSED SESSION

Mayor Pro Tem Torres-Walker called the meeting to order at 5:01 P.M., and Acting City Clerk Rosales called the roll.

Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker

Absent: Mayor Thorpe

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION AND POTENTIAL ACTION – This closed session is authorized pursuant to Government Code section 54957. Title:

City Manager.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code section 54956.9: ANDREA RODRIGUEZ AND CALVIN PRIETO v.

CITY OF ANTIOCH et al., Contra Costa Superior Court, Case No. C21-02687.

PUBLIC COMMENTS – None

ADJOURN TO CLOSED SESSION

Mayor Pro Tem Torres Walker adjourned to Closed Session at 5:02 P.M.

6:00 P.M. ADJOURNED SPECIAL MEETING

Mayor Thorpe called the Adjourned Special Meeting to order at 6:00 P.M., and Acting City Clerk Rosales 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.

SM-1. DISCUSSION ITEM: UPDATE ON THE AMERICAN RESCUE PLAN ACT (ARPA) FUNDING

Councilmember Ogorchock reported that this item had been completed.

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ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Adjourned Special/Regular Meeting
June 27, 2023 Page 2 of 14

SM-2. DISCUSSION ITEM: CONSIDERATION OF LIGHTING THE PEDESTRIAN

CROSSING ON JAMES DONLON BOULEVARD

Following discussion, Council consensus directed staff to bring back this item to a future meeting.

SM-3. DISCUSSION ITEM: UPDATE ON PARK PERMITTING FEES

Following discussion, Council consensus directed staff to con tinue with the current practice of not charging park permitting fees except for the picnic areas at Community Park.

SM-4. DISCUSSION ITEM: CONSIDERATION OF A FREE COMMUNITY EVENT AT

PREWETT WATER PARK SPONSORED BY THE ANTIOCH POLICE

DEPARTMENT

Following discussion, Council co nsensus supported Councilmember s working with staff to coordinate events.

SM-5. DISCUSSION ITEM: UPDATE ON CAMERA INSTALLATION ON CITY

STREETS

Following discussion, Council consensus directed staff to bring this item back to a future meeting and include locations and effectiveness.

SM-6. DISCUSSION ITEM: CONSIDERATION OF A PRESENTATION BY WHITE

PONY EXPRESS NON -PROFIT ORGANIZATION (FOOD RESCUE AND

GENERAL STORE)

Following discussion, Council consensus directed staff to b ring this item back to a future meeting.

SM-7. DISCUSSION ITEM: HIGHWAY 4 AND L STREET GRAFFITI ABATEMENT

AND CALTRANS COORDINATION

Following discussion, Council consensus directed staff to work with Caltrans.

ON MOTION BY MAYOR THORPE, SECONDED BY COUNCILMEMBER BARBANICA, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED ITEM SM -14 TO BE HEARD AS THE NEXT ORDER OF BUSINESS.

SM-14. DISCUSSION ITEM: MORATORIUM ON RENT INCREASES AND EVICTIONS

Mayor Thorpe reported that the community had requested Council direct staff to focus on the timeline for the tenant protection ordinances and not move forward with the moratorium on rent increases and evictions.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Adjourned Special/Regular Meeting
June 27, 2023 Page 3 of 14

Joseph Stockley Sr., Scott M acIntyre and Carol Manning, Rental Property Own ers, opposed Council moving forward with proposals addressing rental properties noting that it would reduce the number of units available, negatively affect property values and drive up the cost of rentals.

Gabi Rivas, ECRG, stated after consideration of staff and Council comments it had become clear that an eviction moratorium would interfere with the City’s timeline for permanent policies . She requested staff continue moving forward with just cause and ant i-harassment ordinances as soon as possible.

Councilmember Barbanica abstained from the following discussion and direction provided.

Following discussion, Council consensus directed staff to discontinue moving forward with a moratorium on rent increases.

Mayor Thorpe turned the gavel over to Mayor P ro Tem Torres -Walker and left the meeting at 6:25 P.M. Mayor Pro Tem Walker presided over the remainder of the Adjourned Special Meeting.

SM-8. DISCUSSION ITEM: POLICE CHIEF ATTENDANCE AT CITY COUNCIL

MEETINGS

Following discussion, Council consensus directed Police Chief Ford or his designee to attend all future meetings.

SM-9. DISCUSSION ITEM: ANTIOCH POLICE DEPARTMENT MANAGEMENT OF

OWN FLEET PURCHASING

Following discussion, Council consensus directed staff to bring this item back to a future meeting.

SM-10. DISCUSSION ITEM: EMERGENCY OPERATIONS CENTER (EOC) UPGRADE

AND UPDATE

Councilmember Barbanica reported that this item had been completed.

SM-9. DISCUSSION ITEM: ANTIOCH POLICE DEPARTMENT MANAGEMENT OF OWN FLEET PURCHASING - Continued

City Clerk Householder announced there was a speaker who wanted to address Council regarding SM-9.

Mayor Pro Tem Torres-Walker reported she did not have any speaker cards for that item.

City Clerk Householder explained that a member of the audience indicated they would have chosen to speak when public comment was announced.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Adjourned Special/Regular Meeting
June 27, 2023 Page 4 of 14

Speaking to Study Session Item SM-9, an unidentified speaker mentioned the Brown Act did not require speakers to submit speaker cards and he did not wish to do so. They expressed concern they had witnessed Community Service Officers (CSO) patrolling in marked patrol vehicles.

Mayor Pro Tem Torres-Walker requested the discussion item for SM-9 address why CSOs were driving marked patrol vehicles.

SM-11. DISCUSSION ITEM: CODE ENFORCEMENT SERVICES FOR THE DELTA

FAIR BOULEVARD AREA

An unidentified speaker commented that the Delta Fair area needed a variety of services . He suggested the City direct Code Enforcement work with local service providers and business owners on revitalization efforts for the area.

Councilmember Barbanica reported that this item had been completed.

SM-12. DISCUSSION ITEM: MORATORIUM ON NEW GAS STATIONS

An unidentified speaker expressed concern that the City had not addressed the plans for EV charging station infrastructure throughout the City.

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

Alessandra Magnasco, Governmental Affairs and Regulatory Director / California Fuels & Convenience Alliance.

For the record, Councilmember Barbanica stated he was in support of bringing all Study Session items back for discussion, since they had been requested by Councilmembers.

Following discussion, Council consensus directed staff to bring this item back to a future meeting for discussion and consideration.

SM-13. DISCUSSION ITEM: JUST CAUSE EVICTION AND ANTI -TENANT

HARRASSMENT ORDINANCE

Fay Yassini, California Apartment Association, urged the City Council to refrain from imposing further anti -housing provider regulations on residential rental units . She noted there were already laws in place that protected tenants.

Council reported that this item was in progress.

SM-15. DISCUSSION ITEM: PRESENTATION ON CURRENT REPARATION EFFORTS

Following discussion, Council consensus moved this item to the Human Rights and Racial Equity Committee.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Adjourned Special/Regular Meeting
June 27, 2023 Page 5 of 14

SM-16. DISCUSSION ITEM: HUMAN RIGHTS AND RACIAL EQUITY COMMISSION

Following discussion, Council consensus moved this item to the Human Rights and Racial Equity Committee.

SM-17. DISCUSSION ITEM: REVIEW OF THE CURRENT RENTAL INSPECTION

ORDINANCE

Councilmember Torres-Walker reported that this item had been completed.

SM-18. DISCUSSION ITEM: IMPROVING CONNECTIVITY (WI -FI, INTERNET) FOR

NEIGHBORHOODS HARDEST IMPACTED DURING THE PANDEMIC

Following discussion, Council consensus directed staff to bring this item back to a future meeting.

On motion by Councilmember Barbanica the City Council members present unanimously adjourned the Special Meeting at 6:50 P.M.

7:00 P.M. REGULAR MEETING

Mayor Pro Tem Torres -Walker called the meeting to order at 7:0 0 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
Absent Mayor Thorpe (arrived at 8:01 P.M.)

PLEDGE OF ALLEGIANCE

Councilmember Barbanica led the Pledge of Allegiance.

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION AND POTENTIAL ACTION , no reportable action; and, #2 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, no reportable action.

1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

➢ Antioch Council of Teens Swim Night – Pool Party - July 19, 2023

Director of Parks and Recreation Helfenberger announced the following civic and community events:

ANTIOCH CITY COUNCIL

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➢ Antioch Recreation Center – Special Events - 4th of July Celebration Parade and Fireworks - July 4, 2023
➢ Summer Outdoor Movie Night – July 6, 20, and August 3, 2023 ➢ Summer Concert Series – Prewett Park July 13 and 27, 2023 and Waldie Plaza July 22 and August 5, 2023

A Translator announced in Spanish that translation services were available this evening.

PUBLIC COMMENTS

Christian Gutierrez discussed challenges of being racially profiled.

Rosalba Zendejas discussed her complaint letter regarding incidents involving the Antioch Police Department.

Leslie May discussed incidents involving police misconduct and urged the community to remain positive and work together.

Ron Bernal prayed for the City Council.

Daniel J. Sanchez Alva and Ricardo Rubio expressed concern that Mr. Rubia’s vehicle was towed by the manager of his apartment complex without explanation.

Julia Emego Kwua request ed summer meals be available for pickup at local school sites and asked that COVID-19 information be removed from public spaces.

Andrew Becker requested clarification regarding stipulations within the Project Homekey RFQ and questioned who authorized the inclusion of $3M in housing successor funds.

Devin Williams recommended everybody read “Poverty By America”.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Ogorchock reported on her attendance at CalCities meetings. She requested the following items requested by Council be placed back on the City Council follow-up list: False Alarms, Donation Bins, Fast Food Moratorium, Sole Source Update, Federal Lobbyist, Contra Loma Estates Park Update, Bicycle Garden Update, Friendly Senior City Designation and State Park System Designation.

Councilmember Wilson announced Tri Delta Transit would be meeting on June 28, 2023.

Mayor Pro Tem Torres -Walker announced the Human R ights and Racial Equity Committee should be meeting soon and anyone wishing to participate could request information on meeting dates. She stated she hoped that a City/AUSD Standing Committee meeting would be scheduled soon so they could discuss meal programs. She reported on her attendance at a

ANTIOCH CITY COUNCIL

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Adjourned Special/Regular Meeting
June 27, 2023 Page 7 of 14

taskforce meeting. She encouraged community members to reach out t o Supervisors Glover and Burgis to demand an update on the allocation of Measure X funds and the northern waterfront development.

MAYOR’S COMMENTS – None

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 9, 2023

B. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 23, 2023

C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR MAY 30, 2023

D. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 13, 2023

E. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JUNE 23, 2023

F. APPROVAL OF COUNCIL WARRANTS

G. APPROVAL OF HOUSING SUCCESSOR WARRANTS

H. ORDINANCE NO. 2227 -C-S SECOND READING – PROPOSED ORDINANCE AMENDING CHAPTER 1 OF TITLE 3 AND TITLE 11 OF THE ANTIOCH MUNICIPAL

CODE REGARDING REGU LATION OF RESIDENTIAL LANDLORDS AND RENTAL UNITS (Introduced on June 13, 2023)

I. ORDINANCE NO. 222 8-C-S SECOND READING – PROPOSED ORDINANCE AMENDING SECTION 6 -8.14 OF THE ANTIOCH MUNICIPAL CODE REGARDING RESTRICTIONS ON THE SALE OF TOBACCO PRODUCTS (Introduced on June 13, 2023)

J. RESOLUTION NO. 2023/100 ADOPTING THE MEASURE J GROWTH MANAGEMENT PROGRAM COMPLIANCE CHECKLIST FOR REPORTING CALENDAR YEARS 2020 AND 2021 FOR THE SALES TAX/TRANSPORTATION INITIATIVE

K. RESOLUTION NO. 2023/101 LICENSE AGREEMENT FOR SEASONAL USE OF REAL PROPERTY LOCATED AT DELTA FAIR AND CENTURY BOULEVARDS (APN 074 - 080-029)

L. RESOLUTION NO. 2023/102 FIRST AMENDMENT TO THE ROOT FOAM SERVICES CONTRACT FOR DUKE’S ROOT CONTROL, INC.

M. RESOLUTION NO. 2023/103 ANNUAL WATER TREATMENT CHEMICAL PURCHASE

ANTIOCH CITY COUNCIL

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N. RESOLUTION NO. 2023/10 4 ROAD MAINTENANCE AND REHABILITATION ACCOUNT (P.W. 707)

O. RESOLUTION NO. 2023/10 5 STATEWIDE COMMUNITY INFRASTRUCTURE

PROGRAM FOR DEER VALLEY ESTATES

P. RESOLUTION NO. 2023/106 AGREEMENT WITH THE PROFESSIONAL TREE CARE CO. FOR ON CALL TREE TRIMMING SERVICES – PROPOSAL NO. 988-0601-23C

Q. RESOLUTION NO. 2023/10 7 ON AGENDA -SETTING PROCESSES AND

PROCEDURES

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously approved the Consent Calendar with the exception of item s H, K and Q which were pulled for further discussion.

Item H – Leslie May, Julia Emege Kwua and Devin Williams spoke in support of approving Item H.

Carol Manning spoke in opposition to approving Item H.

Councilmember Ogorchock explained that this item was agendized to correct a clerical error.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council approved Item H. The motion carried the following vote:

Ayes: Ogorchock, Wilson, Torres-Walker Abstain: Barbanica Absent: Thorpe

Item K – Andrew Becker expressed concern that the agreement did not provide a breakdown of the months or exit options for the City. He also questioned the legality of Delta Fair dollars going toward the water park.

Julia Emego Kwua spoke in opposition to approving Item K and suggested providing space for the unhoused.

Acting City Manager Reed clarified there was a 180-day exit strategy out of the lease agreement.

Councilmember Ogorchock added the agreement was for 4-months a year and if a project was brought forward for the property, it would not begin by 2025.

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

Mayor Thorpe arrived at 8:01 P.M.

ANTIOCH CITY COUNCIL

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Item Q – City Attorney Smith stated he would like to amend #1 of the Resolution to read “No later than 11:00 P.M.”

On motion by Councilmember Barbanica , seconded by Councilmember Ogorchock , the City Council unanimously approved Item Q with the following amendment: changing #1 to: “no later than 11:00 P.M.”

ON MOTION BY COUNCILMEMBER WILSON, SECONDED BY COUNCILMEMBER

TORRES-WALKER, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEM #4 AS THE NEXT ORDER OF BUSINESS.

COUNCIL REGULAR AGENDA

4. DISCUSSION AND DIRECTION ON DRAFT ORDINANCE PROHIBITING

RETALIATION AND HARASSMENT BY RESIDENTIAL LANDLORDS

Assistant City Attorney Hundley presented the staff report dated June 27, 2023, recommending the City Council discuss and provide direction to staff on the draft ordinance prohibiting retaliation and harassment by residential landlords.

Kim Carlson, Francisco Torres, Reimagine Antioch, Rev. Millie Phillips, Leslie May, Brandon O’Laskey, ECRG, Yolanda A., ECRG, Cecilia Perez -Mejia, Antioch resident / ECRG, Devin Williams, Berona Beltron, Della Currie, ACCE, LaShelle Harris, ACCE, Daniel J. Sanchez Alva, Rocheall Pierre, Antioch resident / ECRG, Jaylin King, Armando Gonzales, Julia Emego Kwua, and Frank Sterling spoke in support of the draft ordinance and requested Council expedite the process. Suggested items to be included w ere an increase in fine s, adding protection s for tenants organizing and requesting repairs as well as prohibiting verbal abuse. They also requested notification of the policy be provided in the tenant’s spoken language.

Fay Jassini, California Apartment Association (CAA) spoke in opposition of the draft ordinance noting it was duplicative as there were state laws prohibiting harassment /retaliation and addressing rent control and just cause for eviction. She requested the City seek input from housing providers to develop policies that benefit all stakeholders.

Public comments submitted in writing were entered into the record from the following individuals:

Samuel E Crabtree and Susan Wilson.

Councilmember Ogorchock thanked the speaker s. She requested the City work with stakeholders to collaborate on the anti-harassment and anti-retaliation ordinance.

Councilmember Barbanica announced that in accordance with specific laws , he would be abstaining from providing direction on this item.

In response to Mayor Thorpe, Assistant City Attorney Hundley stated she could investigate the defensibility of increased fines.

ANTIOCH CITY COUNCIL

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Adjourned Special/Regular Meeting
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Following discussion, Council consensus (Councilmember Barbanica abstaining) directed staff to bring back the ordinance with the following revisions:

➢ Including spoken language requirements
➢ Addressing tenants right to organize
➢ Investigate prohibiting towing of legally parked tenant vehicles from the rental property ➢ Expanding provisions to include threats of verbal, emotional and mental abuse

Assistant City Attorney Hundley stated she would send back an ordinance and announced that this was her last meeting.

Mayor Thorpe declared a recess at 9 :15 P.M. The meeting reconvened at 9:21 P.M. with all Councilmembers present.

An interpreter announced that translation devices should be returned to the City Clerk.

PUBLIC HEARING

3. THE RANCH PHASE I PROJECT

Senior Planner Scudero introduced Contract Planner Gnos who presented the staff report dated June 27, 2023, recommending the City Council take the following actions: 1) Introduce, by title only, and waive the first reading of the Planned Development Guidelines Ordinance. 2) Adopt the Resolution approving the Master Development Plan Amendment. 3) Adopt the Resolution approving two Vesting Tentative Maps, a Use Permit and Design Review.

Mayor Thorpe opened the public hearing.

Kyle Master, Richland Communities, thanked staff for their efforts, introduced their Design Team and provided a background of project development. He reviewed phase 1 consisting of 440 lots, 230 medium density and 210 low-density single -family units. He reported a neighborhood outreach meeting was well attended. He explained the open/green space and trail system.

Andrew Becker , Opponent, expressed concern that this project did not have an affordable housing component for low and moderate-income communities. He reported that he had not received notification regarding this project even though he lived within three blocks of the property. He also expressed concern that Antioch lacked affordable housing programs.

Allan Moore, representing The Zeka Gr oup, explained their property was to the west of this project. He summarized letters submitted to the Council explaining concerns related to the elimination of the road that was shown going through The Ranch property to the Zeka property.

He requested the City require by condition of approval that the road be dedicated this evening.

Julia Emego Kwua spoke in opposition to The Ranch Project and suggested creating a program involving the City building multi-story housing for low income and unhoused residents.

ANTIOCH CITY COUNCIL

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Adjourned Special/Regular Meeting
June 27, 2023 Page 11 of 14

Leslie May stated the City’s infrastructure was insufficient to accommodate additional population generated from this project. She discussed the negative impact of additional emissions and the lack of affordability. She suggested a high-end hotel and event center for the area. She urged the Council to vote against this project.

Allen Payton provided a historical prospective of the development process for the Sand Creek area and spoke in support of Council approving the project.

Public comments submitted in writing were entered into the record from the following individuals:

Allan C. Moore A.P.C. and EJ Cire, Political and Public Relations Representative / SMART, SMW Local Union No. 104.

Mayor Thorpe closed the public hearing.

Councilmember Barbanica reported that Zeka Group had not contacted him regarding their concerns prior to this evening. He stated Save Mt. Diablo were supportive of the project and Richland had also provided details of their efforts to maintain habitats in the area. He stated he was supportive of the project.

In response to Councilmember Ogorchock, Contract Planner Gnos stated the 2003 General Plan had a line that could have been interpreted as roadway access to the Zeka property; however, when the General Plan was amended in 2020 it was not included. She noted the road currently stopped at the trail staging area and staff recommended they determine whether access should be provided when that phase of the map was brought forward for consideration.

Mayor Thorpe discussed the legal challenges and ballot measures associated with the Sand Creek Focus area.

Councilmember Wilson stated she was happy the project was coming to fruition; however, she wished there were some affordable units dispersed throughout. She support ed a future discussion on inclusionary housing.

Councilmember Torres-Walker thanked everyone who provided details of the Sand Creek Focus Area. She expressed concern that there was no intension to ensure projects in this area would be affordable.

On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock , the City Council i ntroduced, by title only, and waive d the first reading of the Planned Development Guidelines Ordinance. The motion carried the following vote:

Ayes: Barbanica, Ogorchock, Wilson, Thorpe Noes: Torres-Walker

RESOLUTION NO. 2023/108

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Adjourned Special/Regular Meeting
June 27, 2023 Page 12 of 14

On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock, the City Council adopted the Resolution approving the Master Development Plan Amendment.

Ayes: Barbanica, Ogorchock, Wilson, Thorpe Noes: Torres-Walker

RESOLUTION NO. 2023/109

On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock the City Council adopted the Resolution approving two Vesting Tentative Maps, a Use Permit and Design Review.

Ayes: Barbanica, Ogorchock, Wilson, Thorpe Noes: Torres-Walker

COUNCIL REGULAR AGENDA – Continued

5. RESOLUTION AMENDING THE MASTER SALARY SCHEDULE FOR THE CODE

ENFORCEMENT MANAGER CLASSIFICATION

Director of Human Resources Cortez presented the staff report dated June 27, 2023, recommending the City Council adopt a resolution amending the Master Salary Schedule for the Code Enforcement Manager Classification and authorizing the Finance Director to make the necessary Fiscal Year 2024 and 2025 budget adjustments.

Todd Northam, Antioch Public Works Association (APWA), stated he believed this item should be handled during negotiations. He noted if the Council moved forward, they should make it equal for all city divisions.

Leslie May suggested the City adopt an even salary scale for all employees and hire additional building inspectors.

Andrew Becker spoke in support of a long -term plan to address the retention of employees, expanding the duties of the Code Enforcement Manager and asking departments how they could be supported.

Julia Emego Kwua spoke in support of keeping salaries for all employees to the minimum level possible.

In response to Councilmember Barbanica , Mayor Thorpe explained that the Council gave direction during negotiations for management to bring back any necessary reclassifications.

Director of Human Resources Cortez added that the reclassification was being updated to add additional duties and responsibilities which was why the y proposed a salary increase. She noted other job classifications were being considered for updating.

RESOLUTION NO. 2023/110

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Adjourned Special/Regular Meeting
June 27, 2023 Page 13 of 14

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica , the City Council unanimously adopted a resolution amending the Master Salary Schedule for the Code Enforcement Manager Classification and authorized the Finance Director to make the necessary Fiscal Year 2024 and 2025 budget adjustments.

Mayor Thorpe requested new position requests come to Council mid -year or during budget discussions.

PUBLIC COMMENT

Kimberly Kidd Bailey expressed concern regarding side shows in Antioch. She reported she had met a new Antioch Police Department recruit who represented the City professionally. She encouraged residents to remain until the end of City Council meetings.

Teki Flow voiced her appreciation to Council and spoke in support of recruiting new employees.

Frank Sterling thanked the City for terminating a Police officer and spoke in support of terminating those guilty of misconduct.

Julia Emego Kwua spoke in support of defunding the APD, building a homeless shelter , improving infrastructure in City Park, eliminating the use of pesticides in parks, removing COVID information from public spaces and legalizing drugs.

STAFF COMMUNICATIONS – None

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Barbanica welcome d Acting City Manager Reed and thanked Director of Community Development Ebbs for the work he performed when he served as Acting City Manager. He requested an update on sole source towing and refuge pickup. He also requested the City invite Claryssa Wilson to make a presentation to Council for consideration of funding her Juneteenth Celebration.

Councilmember Torres-Walker expressed concern that the future of Antioch did not include all residents. She requested the following items come back to Council:

➢ Updates on the General Plan Update and Vision and Strategic Planning Processes ➢ Presentation on Enhanced Infrastructure Finance Districts ➢ Presentation from the Center for Elder Independence (PACE Healthcare) ➢ Consideration on bringing back Zoom for the public
➢ Presentation on the Traffic Enforcement Division
➢ Discussion on ending the ban on cruising
➢ Appointments to the Police Oversight Commission

ANTIOCH CITY COUNCIL

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Adjourned Special/Regular Meeting
June 27, 2023 Page 14 of 14

She also requested Council vote to hold a special meeting at 10:00 A.M. on July 10, 2023, to address the City Manager position.

Mayor Thorpe reported there was zero tolerance for sideshows in Antioch and APD had done an excellent job preventing them; however, some of those officers may be on administrative leave at this time. He noted an ordinance allowing for citing spectators would be coming back for Council consideration and they could also look at an ordinance that would allow for permanently confiscating vehicles. He explained that even if APD did not show up on sit e or showed up on site and appeared not to be addressing the situation , there may be drones deployed and information gathered to follow up with citations and towing of vehicles. He suggested Council consider incentives for other high priority areas within City departments. He reported that an item would be coming to Council to address infrastructure funding and potential ballot measures to address sustainable sources of revenue for critical programming.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adjourned the meeting at 11:02 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk
C
08-08-23

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of August 8, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of July 25, 2023

RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of July 25, 2023.

FISCAL IMPACT
None

DISCUSSION
N/A

ATTACHMENT
None.

Cg

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
100 General Fund
Non departmental
00407710 EMPLOYEE PAYROLL 757.39
00407734 DIVISION OF STATE ARCHITECT DSA FEES 1,341.60
00407740 FDAC EBA INSURANCE PREMIUM 46,066.58
00407759 LAW OFFICE OF RUTHANN G ZIEGLER LEGAL SERVICES RENDERED 1,650.00 00407815 AFLAC INSURANCE PREMIUM 6,189.36
00407850 CALIF, STATE OF USE TAX REMITTANCE 39.40
00407865 DIAMOND HILLS SPORT CLUB PAYROLL 80.00
00407871 FDAC EBA INSURANCE PREMIUM 45,817.88
00407888 IN SHAPE HEALTH CLUBS PAYROLL 344.98
00407901 LIFE INSURANCE COMPANY OF NA PAYROLL 4,393.85
00407906 MAGGIE LI REFUND 4.00
00407913 MUNICIPAL POOLING AUTHORITY PAYROLL 3,420.21
00407921 OPERATING ENGINEERS LOCAL NO 3 PAYROLL 3,944.00 00407925 PARS PAYROLL 16,406.94
00407936 RUSSELL KATZER REFUND 4.00
00407946 STATE OF CALIFORNIA PAYROLL 192.59
00407947 STATE OF CALIFORNIA PAYROLL 30.00
00407948 STATE OF CALIFORNIA PAYROLL 120.00
00407949 STATE OF CALIFORNIA PAYROLL 381.76
00407950 STATE OF CALIFORNIA PAYROLL 534.70
00407951 STATE OF CALIFORNIA PAYROLL 1,234.01
00407964 YUNFENG SU REFUND 8.00
00945923 LSA ASSOCIATES INC CONSULTANT SERVICES 14,269.65 00945927 ANTIOCH PD SWORN MGMT ASSOC PAYROLL 880.00
00945928 ANTIOCH POLICE OFFICERS ASSOC PAYROLL 21,112.35 00945929 ANTIOCH PW EMPLOYEE'S ASSOC PAYROLL 2,100.00
00945937 NATIONWIDE RETIREMENT SOLUTIONS PAYROLL 59,558.38 00945941 NATIONWIDE RETIREMENT SOLUTION PAYROLL 29,629.89 City Council
00407701 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 1,989.46 City Attorney
00407694 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 2,701.71 00407708 BEST BEST AND KRIEGER LLP LEGAL SERVICES RENDERED 5,581.16 00407759 LAW OFFICE OF RUTHANN G ZIEGLER LEGAL SERVICES RENDERED 1,210.00 00407805 VERIZON WIRELESS DATA USAGE 104.78
00407832 BERTRAND FOX & ELLIOT LEGAL SERVICES RENDERED 5,879.00 00407839 BURKE WILLIAMS AND SORENSEN LLP LEGAL SERVICES RENDERED 20,155.00 00407900 LEXISNEXIS LEXIS NEXIS RESEARCH 244.00
00407955 TELECOM LAW FIRM PC LEGAL SERVICES RENDERED 1,322.20 00945913 CANON FINANCIAL SERVICES COPIER LEASE 148.97
City Manager
00407681 AMBIUS PLANTS 340.91
00407701 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 1,839.98 00407711 CALIFORNIA CHAMBER OF COMMERCE MEMBERSHIP FEE 1,399.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 214.72
00945913 CANON FINANCIAL SERVICES COPIER LEASE 148.97

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023
4D

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
City Clerk
00407798 TOTAL RECALL CAPTIONING CLOSED CAPTIONING SERVICES 1,265.00 00945932 COMPUTERLAND SCANNER 1,073.67
Human Resources
00407700 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 119.99 00407816 RETIREE RETIREMENT GIFT 300.00
00407828 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 96.93 00407850 CALIF, STATE OF USE TAX REMITTANCE 1.39
00407881 RETIREE RETIREMENT GIFT 350.00
00407895 RETIREE RETIREMENT GIFT 300.00
00407939 RETIREE RETIREMENT GIFT 350.00
00945931 CANON FINANCIAL SERVICES MONTHLY COPIER RENTAL FEE 278.43 Economic Development
00407830 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 787.66 00407861 CSI ERGONOMIC FURNITURE, INC OFFICE FURNITURE 485.40 00945913 CANON FINANCIAL SERVICES COPIER LEASE 148.97
Finance Accounting
00407693 BADAWI & ASSOCIATES AUDIT SERVICES 28,849.50
00407772 OFFICE DEPOT INC BUSINESS CARDS 129.06
00945940 SUPERION LLC CONSULTING SERVICES 2,340.00
Finance Operations
00407679 ALLSTEEL INC OFFICE FURNITURE 2,785.85
00407772 OFFICE DEPOT INC BUSINESS CARDS 161.97
00407850 CALIF, STATE OF USE TAX REMITTANCE 35.03
00407930 PROGRESSIVE SOLUTIONS INC SUPPLIES 1,101.78
00945938 PITNEY BOWES INC INSERTER LEASE 1,503.49
Non Departmental
00407685 ANTIOCH HISTORICAL SOCIETY COMMEMORATIVE COINS 219.50 00407769 MUNICIPAL POOLING AUTHORITY PAYROLL 25,936.96
00407774 PACIFIC CREDIT SERVICES COLLECTION FEES 169.50 00407792 SWEETWATER CONSTRUCTION INC TUG AND BARGE SERVICE 10,000.00 00407829 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 632.00 00407830 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 3,999.02 00407876 GARY AND ALANA WEST REFUND 275.00
00407906 MAGGIE LI REFUND 260.00
00407936 RUSSELL KATZER REFUND 275.00
00407964 YUNFENG SU REFUND 820.00
Public Works Administration
00407805 VERIZON WIRELESS DATA USAGE 38.01
Public Works Street Maintenance
00407684 ANTIOCH ACE HARDWARE SUPPLIES 82.94
00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 450.89 00407733 DISPENSING TECHNOLOGY CO SUPPLIES 6,007.48
00407764 MANERI SIGN COMPANY STREET SIGNS 401.07
00407785 SHERWIN WILLIAMS CO PAINT SUPPLIES 113.28
00407805 VERIZON WIRELESS DATA USAGE 128.55
00407815 AFLAC PAYROLL 313.44
00407823 ANTIOCH BUILDING MATERIALS ASPHALT MATERIALS 6,167.86

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00407850 CALIF, STATE OF USE TAX REMITTANCE 409.68
00407903 M AND L OVERHEAD DOORS DOOR REPLACEMENT 3,494.55 00407918 NORTHAM, TODD L SAFETY BOOT REIMBURSEMENT 274.05 00407920 OFFICE DEPOT INC OFFICE SUPPLIES 98.65
00407933 ROADSAFE TRAFFIC SYSTEMS INC WOOD BARRICADE 3,451.75 00407935 ROBINS LOCK AND KEY DOOR REPLACEMENT 447.58
00945933 DELL COMPUTER CORP COMPUTER MONITORS 299.72
Public Works-Signal/Street Lights
00407775 PACIFIC GAS AND ELECTRIC CO ELECTRIC 341.05
00407826 AT AND T MOBILITY PHONES 46.23
Public Works-Facilities Maintenance
00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 375.89 00407724 COUNTY LOCK CITY LOCKSMITH SERVICES 2,313.28
00407775 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,742.50
00407776 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 1,060.00 00407805 VERIZON WIRELESS DATA USAGE 90.54
00407813 AED MARKET DEFIBRILLATORS 7,819.69
00407822 ANTIOCH ACE HARDWARE SUPPLIES 111.57
00407850 CALIF, STATE OF USE TAX REMITTANCE 104.99
00407863 DC ELECTRIC GROUP INC ELECTRICAL SERVICES 495.48 00407866 DREAM RIDE ELEVATOR ELEVATOR SERVICE 320.00
00407868 EAST BAY WORK WEAR SAFETY SHOES 298.42
00407871 FDAC EBA INSURANCE PREMIUM 21.18
00407877 GENERAL PLUMBING SUPPLY SINKS 2,173.56
00407917 NO LIMIT CONCRETE PUMPING MARINA PUMP SERVICE 778.00 00407935 ROBINS LOCK AND KEY LOCK SMITH SERVICES 5,000.00 Public Works-Parks Maint
00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 920.00 00407775 PACIFIC GAS AND ELECTRIC CO ELECTRIC 99.52
00407850 CALIF, STATE OF USE TAX REMITTANCE 140.44
00407863 DC ELECTRIC GROUP INC ELECTRICAL REPAIR 1,436.28 00407910 MIRACLE PLAYSYSTEMS INC PLAYGROUND REPAIR PARTS 3,157.06 00407934 ROBERTS AND BRUNE CO REPAIR PARTS 36.98
00407935 ROBINS LOCK AND KEY LOCK SMITH SERVICES 140.00 00407956 TERRACARE ASSOCIATES PARK MAINTENANCE 104,536.25 00407960 WATERSAVERS IRRIGATION IRRIGATION PARTS 1,152.15 00945939 SITEONE LANDSCAPE SUPPLY IRRIGATION PARTS 376.31 Public Works-Median/General Land
00407684 ANTIOCH ACE HARDWARE PARTS 6.90
00407775 PACIFIC GAS AND ELECTRIC CO ELECTRIC 35.36
00407779 REDI GRO CORPORATION MULCH 4,510.73
00407796 TERRACARE ASSOCIATES LANDSCAPING SERVICES 36,547.36 00407807 WATERSAVERS IRRIGATION IRRIGATION PARTS 322.96 00407822 ANTIOCH ACE HARDWARE PARTS 93.53
00407834 BOETHING TREELAND FARMS LANDSCAPE ENHANCEMENTS 4,234.88 00407850 CALIF, STATE OF USE TAX REMITTANCE 58.43
00407960 WATERSAVERS IRRIGATION IRRIGATION PARTS 470.27 00945939 SITEONE LANDSCAPE SUPPLY PART 4,569.20

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
PW-Work Alternative-Strt Maint
00407850 CALIF, STATE OF USE TAX REMITTANCE 39.60
Police Administration
00407689 ARROWHEAD 24 HOUR TOWING INC EVIDENCE TOW 1,183.75 00407692 AT AND T MOBILITY DEPARTMENT CELL PHONES 20,257.10 00407695 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 7,282.46 00407696 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 815.07 00407698 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 74.88 00407700 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 1,604.20 00407702 BARNETT MEDICAL SERVICES INC EVIDENCE DISPOSAL 182.00 00407707 BECERRA, ARTURO MODESTO TRAINING PER DIEM 222.00 00407716 CLONINGER, NAHLEEN R EXPENSE REIMBURSEMENT 56.50 00407718 CODE 3 WEAR PUBLIC SAFETY EQUIPMENT 1,465.40
00407722 CONTRA COSTA COUNTY TRAINING FEES 349.00
00407723 CCC POLICE CHIEFS ASSOC TRAINING 115.00
00407726 CRIME POINT INC EQUIPMENT 14,115.82
00407727 CRIME SCENE CLEANERS INC CLEANING SERVICES 508.00 00407742 FLORES, VANESSA SOFIA TRAINING PER DIEM 222.00 00407743 FLYMOTION PARTS 83.00
00407746 GALLS LLC UNIFORMS 222.69
00407750 INT ASSOC OF CHIEFS OF POLICE SUBSCRIPTION FEE 1,225.00 00407755 CYNTHIA MARIE KIRBY POLYGRAPH EXAMS 6,650.00
00407772 OFFICE DEPOT INC OFFICE SUPPLIES 1,785.46
00407780 SACRAMENTO SHERIFFS OFFICE TRAINING FEES 260.00 00407781 SAFESTORE INC EVIDENCE STORAGE 3,962.60
00407782 SCHNEIDER, MICHAEL C EXPENSE REIMBURSEMENT 448.23 00407791 SWATMOD LLC LIGHT REPAIR 983.00
00407794 TANGUMA, CAESAR ELI MEAL ALLOWANCE 57.50
00407809 WHITAKER II, WILLIAM TRAINING PER DIEM 740.00
00407811 ZOOM MEDIA CONNECT ADVERTISING SERVICES 9,600.00 00407812 ADAMSON POLICE PRODUCTS UNIFORMS 810.72
00407850 CALIF, STATE OF USE TAX REMITTANCE 279.38
00407853 CLONINGER, NAHLEEN R MEAL REIMBURSEMENT 33.91
00407854 CODE 3 WEAR PUBLIC SAFETY EQUIPMENT 2,790.72
00407855 COLLEY, JAMES M EXPENSE REIMBURSEMENT 80.16
00407872 FEDEX SHIPPING 16.28
00407899 LEXISNEXIS SUBSCRIPTION FEE 252.50
00407916 NET TRANSCRIPTS TRANSCRIPTION SERVICES 43.39
00407920 OFFICE DEPOT INC OFFICE SUPPLIES 712.22
00407927 PERMANENTE MEDICAL GROUP INC PRE-EMPLOYMENT MEDICAL 3,923.00 00407931 PUBLIC SAFETY FAMILY COUNSELING TRAINING FEES 750.00 00407932 REACH PROJECT INC PROFESSIONAL SERVICES 17,083.00 00407938 SCHNEIDER, MICHAEL C EXPENSE REIMBURSEMENT 116.19 00407941 SHRED IT INC SHREDDING SERVICES 517.41
00407942 SOUZA MELLONE, MICHAEL C TRAINING PER DIEM 222.00 00407943 SOUZA MELLONE, MICHAEL C TRAINING PER DIEM 74.00 00407945 STATE OF CALIFORNIA PAYROLL 475.00
00407959 VIGIL JR, JOSEPH TRAINING PER DIEM 74.00

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00945914 CHAPLIN & HILL INVESTIGATIVE SVCS LEGAL SERVICES 2,450.00 00945920 IMAGE SALES INC ID'S 37.48
00945926 UBEO BUSINESS SERVICES MONTHLY COPIER LEASE 1,031.48 00945931 CANON FINANCIAL SERVICES COPIER LEASE 2,649.59 Police Community Policing
00407688 ARK PET HOSPITAL INC, THE VETERINARY SERVICES 422.11 00407695 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 14.00 00407696 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 14.00 00407714 CHANDLER, JOSEPH ANTHONY EXPENSE REIMBURSEMENT 65.42 00407729 D TAC K9 LLC K9 MAINTENANCE TRAINING 450.00
00407732 DELTA FENCE CO K9 KENNELS 5,013.38
00407740 FDAC EBA INSURANCE PREMIUM 1,011.86
00407749 HUNT AND SONS INC FUEL 277.91
00407811 ZOOM MEDIA CONNECT ADVERTISING SERVICES 3,000.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 45.66
00407885 HUNT AND SONS INC FUEL 339.05
00407892 EMPLOYEE ADVANCED DISABILITY PENSION 5,206.00
00407894 EMPLOYEE ADVANCED DISABILITY PENSION 8,199.75
00407898 EMPLOYEE ADVANCED DISABILITY PENSION 10,933.00 Police Traffic Division
00407850 CALIF, STATE OF USE TAX REMITTANCE 15.00
Police Investigations
00407696 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 1,213.66 00407700 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 3,959.27 00407725 CRASH DATA GROUP INC EQUIPMENT 21,556.81
00407740 FDAC EBA INSURANCE PREMIUM 196.86
00407744 FOXFURY, LLC INVESTIGATIONS EQUIPMENT 4,855.74 00407787 SMARSH INC AUDITING SOFTWARE 14,555.00
00407793 T MOBILE USA INC DIGITAL FORENSICS 25.00
00407850 CALIF, STATE OF USE TAX REMITTANCE 429.90
00407893 EMPLOYEE ADVANCED DISABILITY PENSION 5,206.00
00407896 EMPLOYEE ADVANCED DISABILITY PENSION 5,466.50
00407904 EMPLOYEE ADVANCED DISABILITY PENSION 10,933.00 00407905 EMPLOYEE ADVANCED DISABILITY PENSION 5,466.50
00407907 MAGNET FORENSICS USA INC INVESTIGATIONS SOFTWARE 4,345.00 00407908 EMPLOYEE ADVANCED DISABILITY PENSION 10,933.00 00407909 EMPLOYEE ADVANCED DISABILITY PENSION 5,466.50
Police Special Operations Unit
00407737 EAN SERVICES LLC VEHICLE RENTAL 4,236.05
Police Communications
00407691 AT AND T MCI PHONES 838.74
00407790 SUN RIDGE SYSTEMS INC SOFTWARE INSTALLATION 424,748.00 00407856 COMCAST INVESTIGTIONS INTERNET 161.80
00407924 PACIFIC TELEMANAGEMENT SERVICES PAY PHONE 78.00 Office Of Emergency Management
00407825 AT AND T MCI PHONES 202.96
Police Community Volunteers
00407765 MARTIN, RICHARD B EQUIPMENT REIMBURSEMENT 28.43

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
Police Facilities Maintenance
00407703 BAY ALARM COMPANY ALARM SERVICES 3,790.17
00407776 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 222.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 1.59
00407935 ROBINS LOCK AND KEY PROFESSIONAL SERVICES 190.00 Youth Network Services
00407754 KINGSMEN ESCAPE ENTERTAINMENT EVENT SERVICES 749.51 00407837 BRIDGE BUILDERS TO THE NEW GEN PROFESSIONAL SERVICES 24,683.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 8.74
00407860 CREATIVE ENGAGEMENT SERVICES PROFESSIONAL SERVICES 4,750.00 00407871 FDAC EBA INSURANCE PREMIUM 234.92
00945933 DELL COMPUTER CORP COMPUTER EQUIPMENT 11,289.49 Housing and Homelessness
00407758 LAUNDERLAND LAUNDRY VOUCHER PROGRAM 688.00
00407874 FOCUS STRATEGIES CONSULTANT SERVICES 6,171.25
PSCR Administration
00407850 CALIF, STATE OF USE TAX REMITTANCE 9.14
Community Development Land Planning Services
00407701 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 40.00 00407740 FDAC EBA INSURANCE PREMIUM 172.20
00407858 CC CO AUDITOR-CONTROLLER PROFESSIONAL SERVICES 22,085.48 00407928 PLACEWORKS INC PROFESSIONAL SERVICES 5,878.75
CD Code Enforcement
00407701 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 404.06 00407721 CONTRA COSTA COUNTY RECORDING FEES 80.00
00407730 DATA TICKET INC DATA TICKET SERVICES 587.00
00407770 NEXTEL SPRINT CELLPHONE SERVICE 60.30
00407841 CACEO TRAINING FEES 444.00
00407850 CALIF, STATE OF USE TAX REMITTANCE 198.76
00407944 STAMM ENTERPRISES, LTD STORAGE RENTAL FEES 255.00 00407962 WORK WORLD UNIFORMS 191.13
00407963 WORK WORLD SAFETY SHOES 868.19
PW Engineer Land Development
00407770 NEXTEL SPRINT CELL PHONE SERVICE 108.60
00407805 VERIZON WIRELESS DATA USAGE 128.55
00407850 CALIF, STATE OF USE TAX REMITTANCE 2.99
Community Development Building Inspection
00407675 4LEAF INC PROFESSIONAL SERVICES 34,472.36
00407701 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 35.15 00407772 OFFICE DEPOT INC OFFICE SUPPLIES 176.94
00407800 TYLER TECHNOLOGIES INC PROFESSIONAL SERVICES 13,366.25 Capital Imp. Administration
00407770 NEXTEL SPRINT CELL PHONE SERVICE 63.30
00407805 VERIZON WIRELESS DATA USAGE 38.01
00407850 CALIF, STATE OF USE TAX REMITTANCE 1.50
206 American Rescue Plan Fund
Non Departmental
00407704 BAY AREA COMMUNITY SERVICES INC BRIDGE HOUSING SERVICES 218,850.38

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00407788 SPLIT-SECOND RESPONSE SMALL BUSINESS GRANT 10,000.00 00407831 BAY AREA COMMUNITY SERVICES INC PROFESSIONAL SERVICES 80,272.59 00407864 DELTA COUNSELING SMALL BUSINESS GRANT 5,000.00 00407873 FIVE RIVERS INVESMENT INC SMALL BUSINESS GRANT 10,000.00 00407884 HTTD, INC SMALL BUSINESS GRANT 10,000.00
00407890 K&K BEAUTY SUPPLY SMALL BUSINESS GRANT 10,000.00 00407953 SUPERIOR FLOOR FTC LLC SMALL BUSINESS GRANT 15,000.00 00407957 MELODY'S DANCE STUDIO SMALL BUSINESS GRANT 10,000.00 207 CalVIP Grant Fund
Violence Intervention & Preven
00407937 SAFE PASSAGES CONSULTANT SERVICES 40,000.00
212 CDBG Fund
CDBG
00407705 BAY AREA CRISIS NURSERY CDBG SERVICES 2,677.75 00407712 CANCER SUPPORT COMMUNITY CDBG SERVICES 2,499.81 00407720 CONTRA COSTA CHILD CARE COUNCIL CDBG SERVICES 4,827.80

CDBG-CV
00407783 SHELTER INC CDBG SERVICES 100,978.16
00407784 SHELTER INC CDBG SERVICES 73,439.34
213 Gas Tax Fund
Streets
00407775 PACIFIC GAS AND ELECTRIC CO ELECTRIC 651.60
214 Animal Services Fund
Animal Services
00407738 EAST BAY VETERINARY EMERGENCY VETERINARY SERVICES 693.67 00407740 FDAC EBA INSURANCE PREMIUM 172.20
00407756 KOEFRAN SERVICES INC PET CREMATION SERVICES 1,928.00 00407797 TONY LA RUSSA'S ANIMAL RESCUE VETERINARY SERVICES 995.00 00407817 AIRGAS USA LLC OXYGEN 86.91
00407867 EAST BAY VETERINARY EMERGENCY VETERINARY SERVICES 4,502.82 00407882 HILLS PET NUTRITION PET FOOD 324.31
00407897 KOEFRAN SERVICES INC PET CREMATION 300.00
00407914 MWI VETERINARY SUPPLY CO VETERINARY SUPPLIES 2,489.10 00407965 ZOETIS LLC VACCINATION 1,078.58
215 Civic Arts Fund
Civic Arts
00407706 BAYCOIN BEATS SUMMER CONCERT BAND 1,300.00
00407767 MERCY & THE HEARTBEATS SUMMER CONCERT BAND 2,500.00 219 Recreation Fund
Non departmental
00407829 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 533.07 00407869 EAST COUNTY HORNETS DEPOSIT REFUND 250.00
00407958 VICTOR HERNANDEZ DEPOSIT REFUND 947.00
Nick Rodriguez Community Cent
00407709 BRADY INDUSTRIES JANITORIAL SUPPLIES 1,860.33
00407776 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 222.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 1.76
Senior Programs

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00407835 BRADY INDUSTRIES JANITORIAL SUPPLIES 659.60
00407850 CALIF, STATE OF USE TAX REMITTANCE 3.66
00407870 ECOLAB CUSTODIAL SUPPLIES 158.60
Recreation Sports Programs
00407805 VERIZON WIRELESS DATA USAGE 39.02
00407878 GONZALEZ-ALSTON, ZONIA V TENNIS INSTRUCTOR PAYMENT 1,536.00 Recreation-Comm Center
00407690 AT AND T MCI PHONES 62.87
00407736 DUGAND, KARINA CONTRACTOR PAYMENT 420.00
00407740 FDAC EBA INSURANCE PREMIUM 92.22
00407741 FIRST STUDENT INC TRANSPORTATION FEES 1,856.50 00407802 UNITED STATES POSTAL SERVICE POSTAGE 9,650.00
00407803 UNITED STATES POSTAL SERVICE POSTAGE 400.00
00407813 AED MARKET DEFIBRILLATORS 2,849.11
00407829 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 632.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 84.16
00407852 CLEAN TEC EQUIPMENT 22,546.45
00407923 PACIFIC GAS AND ELECTRIC CO GAS 14,890.60
00945916 COMPUTERLAND COMPUTER EQUIPMENT 16,743.15
Recreation Water Park
00407680 ALOILETOA TE’O LIFEGUARD CLASS REFUND 50.00
00407682 AMS DOT NET INC PROFESSIONAL SERVICES 1,000.00 00407739 EVELYN SMITH LIFEGUARD CLASS REFUND 50.00
00407740 FDAC EBA INSURANCE PREMIUM 92.22
00407745 FRANK TORRES LIFEGUARD CLASS REFUND 50.00
00407760 LESLIES POOL SUPPLIES POOL CHLORINE 300.08
00407762 LINCOLN EQUIPMENT INC CHEMICALS 34.45
00407763 LINCOLN EQUIPMENT INC CHEMICALS 11,929.15
00407766 MARY LUTZ LIFEGUARD CLASS REFUND 50.00
00407776 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 543.00 00407777 PEPSI COLA COMPANY CONCESSION SUPPLIES 1,431.81 00407795 TERESA TURNAGE LIFEGUARD CLASS REFUND 50.00
00407813 AED MARKET DEFIBRILLATORS 9,548.25
00407829 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 6,555.54 00407838 BSN SPORTS LLC STAFF UNIFORMS 4,891.33
00407850 CALIF, STATE OF USE TAX REMITTANCE 88.48
00407857 COMMERCIAL POOL SYSTEMS INC RENTAL FEES 146.18 00407886 ICEE COMPANY, THE CONCESSION SUPPLIES 2,218.12 00407926 PEPSI COLA COMPANY CONCESSION SUPPLIES 1,985.22 00407954 TARIN, SARAH S EXPENSE REIMBURSEMENT 250.00
00945924 NATIONAL AQUATICS SERVICES INC POOL SERVICE 6,910.00 00945936 NATIONAL AQUATICS SERVICES INC POOL SERVICE 3,455.00 221 Asset Forfeiture Fund
Non departmental
00407753 JERMAINE NILES PETERS JR ASSET FORFEITURE 3,704.00 222 Measure C/J Fund
Streets
00407686 APPLIED LANDSCAPE MATERIALS INC MULCH INSTALLATION 13,885.41

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00407779 REDI GRO CORPORATION MULCH 9,021.46
00407796 TERRACARE ASSOCIATES LANDSCAPING SERVICES 16,963.32 00407850 CALIF, STATE OF USE TAX REMITTANCE 87.89
229 Pollution Elimination Fund
Channel Maintenance Operation
00407771 NOMAD ECOLOGY LLC BIOLOGIST SERVICES 2,734.12
00407850 CALIF, STATE OF USE TAX REMITTANCE 2.90
00407915 NATIONAL AUTO FLEET GROUP TRUCK 40,000.00
00945935 GRAINGER INC SUPPLIES 231.68
238 PEG Franchise Fee Fund
Non Departmental
00407697 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 1,067.01 251 Lone Tree SLLMD Fund
Lonetree Maintenance Zone 1
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 4,911.58 Lonetree Maintenance Zone 2
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 10,681.11 Lonetree Maintenance Zone 3
00407779 REDI GRO CORPORATION MULCH 8,119.31
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 9,162.86 Lonetree Maintenance Zone 4
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 2,421.21 252 Downtown SLLMD Fund
Downtown Maintenance
00407789 STEWARTS TREE SERVICE INC TREE REMOVAL SERVICE 1,850.00 00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 1,273.22 253 Almondridge SLLMD Fund
Almondridge Maintenance
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 2,363.29 254 Hillcrest SLLMD Fund
Hillcrest Maintenance Zone 1
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 8,056.90 Hillcrest Maintenance Zone 2
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 8,005.46 Hillcrest Maintenance Zone 4
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 8,666.35 255 Park 1A Maintenance District Fund
Park 1A Maintenance District
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 368.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 1,396.23 00407825 AT AND T MCI PHONES 26.72
256 Citywide 2A Maintenance District Fund
Citywide 2A Maintenance Zone 3
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 828.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 1,466.85 Citywide 2A Maintenance Zone 4
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 3,588.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 5,152.26

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
Citywide 2A Maintenance Zone 5
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 1,288.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 2,381.42 Citywide 2A Maintenance Zone 6
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 2,300.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 2,242.69 Citywide 2A Maintenance Zone 8
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 1,564.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 4,070.43 Citywide 2A Maintenance Zone 9
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 5,381.46 Citywide 2A Maintenance Zone10
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 184.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 2,581.23 257 SLLMD Administration Fund
SLLMD Administration
00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 375.95 00407805 VERIZON WIRELESS DATA USAGE 76.02
00407825 AT AND T MCI PHONES 170.40
00407850 CALIF, STATE OF USE TAX REMITTANCE 12.94
259 East Lone Tree SLLMD Fund
Zone 1-District 10
00407786 SILVA LANDSCAPE LANDSCAPING SERVICES 184.00
00407796 TERRACARE ASSOCIATES LANDSCAPE MAINTENANCE 3,357.92 311 Capital Improvement Fund
Public Buildings & Facilities
00945922 KLEINFELDER INC PROFESSIONAL SERVICES 1,297.25 570 Equipment Maintenance Fund
Non departmental
00407749 HUNT AND SONS INC FUEL 16,181.69
00407885 HUNT AND SONS INC FUEL 6,644.43
Equipment Maintenance
00407678 AFFORDABLE TIRE CENTER TIRE ALIGNMENT 150.00
00407689 ARROWHEAD 24 HOUR TOWING INC TOW SERVICE 205.00 00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 349.63 00407715 CHUCKS BRAKE & WHEEL SERVICE CHARGER 1,730.00
00407717 COAST COUNTIES TRUCK AUTO PARTS 2,188.45
00407761 LIM AUTOMOTIVE SUPPLY INC AUTO PARTS 2,474.45
00407773 OREILLY AUTO PARTS AUTO PARTS 849.94
00407778 R AND B TOOLS LLC SHOP TOOLS 2,892.85
00407801 UNICO GLASS LLC GLASS INSTALLATION 595.10
00407805 VERIZON WIRELESS DATA USAGE 38.01
00407806 WALNUT CREEK FORD AUTO PARTS 1,528.50
00407810 WINTER CHEVROLET CO AUTO REPAIR 267.20
00407814 AFFORDABLE TIRE CENTER TIRE ALIGNMENT 60.00
00407850 CALIF, STATE OF USE TAX REMITTANCE 248.23
00407871 FDAC EBA INSURANCE PREMIUM 57.28
00407902 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 1,702.87

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00407922 OREILLY AUTO PARTS AUTO PARTS 429.83
573 Information Services Fund
Network Support & PCs
00407682 AMS DOT NET INC PROFESSIONAL SERVICES 5,000.00 00407691 AT AND T MCI PHONES 193.03
00407713 CARAHSOFT TECHNOLOGY CORP SOFTWARE RENEWAL 96,019.32 00407719 COMCAST CONNECTION SERVICES 161.15
00945917 DIGITAL SERVICES WEBSITE MAINTENANCE 6,955.00
00945933 DELL COMPUTER CORP SOFTWARE 1,128.00
Telephone System
00407690 AT AND T MCI PHONES 2,099.69
00407825 AT AND T MCI PHONES 1,592.67
00407929 PRINTIX.NET APS SUBSCRIPTION FEE 844.56
GIS Support Services
00407805 VERIZON WIRELESS DATA USAGE 38.01
Office Equipment Replacement
00407850 CALIF, STATE OF USE TAX REMITTANCE 370.81
00945933 DELL COMPUTER CORP COMPUTER EQUIPMENT 3,010.88 580 Loss Control Fund
Human Resources
00407820 ANNUVIA AED MATERIALS 270.47
00407821 ANNUVIA AED MATERIALS 125.39
00407828 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 690.68 611 Water Fund
Non departmental
00407818 AMERICAN TEXTILE AND SUPPLY INC RAGS 371.50
00407819 ANIXTER INC LOCKS 792.06
00407833 BISHOP CO TOOLS 532.94
00407850 CALIF, STATE OF USE TAX REMITTANCE 46.48
00407887 IDN WILCO PADLOCKS 4,960.37
00945918 GRAINGER INC SUPPLIES 1,206.64
00945919 HAMMONS SUPPLY COMPANY JANITORIAL SUPPLIES 3,218.08 00945935 GRAINGER INC FLAGS 3,225.00
Water Supervision
00407805 VERIZON WIRELESS DATA USAGE 349.70
00407850 CALIF, STATE OF USE TAX REMITTANCE 14.51
00407868 EAST BAY WORK WEAR UNIFORMS 733.79
00407871 FDAC EBA INSURANCE PREMIUM 205.00
Water Production
00407676 ACCURATE STAIRS WORK BENCH 4,956.00
00407683 ANIMAL DAMAGE MANAGEMENT PEST CONTROL 425.00
00407687 ARAMARK UNIFORM SERVICES JANITORIAL SUPPLIES 287.15 00407690 AT AND T MCI PHONES 126.07
00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 375.93 00407731 DC ELECTRIC GROUP INC ELECTRICAL SERVICES 1,675.00 00407735 DU ALL SAFETY LLC ASSESSMENT SERVICES 3,490.00 00407748 HAGGARD, WILLIAM T SAFETY BOOT REIMBURSEMENT 350.00 00407761 LIM AUTOMOTIVE SUPPLY INC AUTO PARTS 16.88

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00407775 PACIFIC GAS AND ELECTRIC CO ELECTRIC 53.23
00407804 UNIVAR SOLUTIONS USA INC CHEMICALS 41,466.22
00407805 VERIZON WIRELESS DATA USAGE 183.29
00407824 ARAMARK UNIFORM SERVICES JANITORIAL SUPPLIES 104.58 00407828 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 300.00 00407836 BRENNTAG PACIFIC INC CHEMICALS 8,343.23
00407850 CALIF, STATE OF USE TAX REMITTANCE 6.55
00407859 CONTRA COSTA WATER DISTRICT RAW WATER 1,072,803.69 00407868 EAST BAY WORK WEAR UNIFORMS 228.36
00407875 FRANK A OLSEN COMPANY INC EQUIPMENT 12,328.60
00407880 GUALCO GROUP INC, THE PROFESSIONAL SERVICES 4,002.35 00407883 HOUSE, KEVIN SHAW CERTIFICATION REIMBURSEMENT145.00 00407891 KARL NEEDHAM ENTERPRISES INC CENTRIFUGE RENTAL 23,277.96 00407911 MISCO ANALYZER PARTS 1,672.34
00407912 MOLINA, CHRISTOPHER G SAFETY BOOT REIMBURSEMENT 350.00 00407952 STATE WATER RESOURCES CONTROL LABORATORY ASSESSMENT 5,000.00 00945915 CHEMTRADE CHEMICALS US LLC CHEMICALS 11,355.04 00945925 PENCCO INC CHEMICALS 10,429.56
00945934 EVOQUA WATER TECHNOLOGIES LLC BASIN EQUIPMENT 46,450.00 Water Distribution
00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 463.65 00407751 ISINGS CULLIGAN WATER SERVICE 16.52
00407761 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 171.21 00407805 VERIZON WIRELESS DATA USAGE 3,591.95
00407827 BACKFLOW DISTRIBUTORS INC BACKFLOW PARTS 25,974.88 00407840 C AND J FAVALORA TRUCKING INC FULTON RECYCLE 14,565.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 269.37
00407851 CHECK PROCESSORS INC LOCKBOX PROCESSING 1,748.46 00407862 CWEA SFBS CERTIFICATION FEE 206.00
00407868 EAST BAY WORK WEAR SAFETY SHOES 275.00
00407879 GRANITE CONSTRUCTION CO ASPHALT 4,022.66
00407902 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 45.41 00407919 CA OCCUPATIONAL HEALTH CENTERS PRE-EMPLOYMENT MEDICAL 489.00 00407920 OFFICE DEPOT INC OFFICE SUPPLIES 1,056.76
00407934 ROBERTS AND BRUNE CO PIPE 4,077.52
00407940 SHELTERWERK PROFESSIONAL SERVICES 6,402.50
00945921 INFOSEND INC PRINT AND MAIL SERVICES 524.58
00945935 GRAINGER INC PARTS 518.77
Public Buildings & Facilities
00407768 MUNICIPAL FINANCIAL SERVICES PROFESSIONAL SERVICES 2,040.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 451.22
Water Systems
00945930 BADGER METER INC METER REGISTERS 897.48
621 Sewer Fund
Swr-Wastewater Administration
00407677 ADVANCED TRENCHLESS INC PROFESSIONAL SERVICES 172,731.00 00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 525.93 00407751 ISINGS CULLIGAN WATER SERVICE 16.53

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
00407752 JEFFERSON, PHILLIP J TRAINING REIMBURSEMENT 100.00 00407799 TRUESDELL, CHAD C TRAINING REIMBURSEMENT 415.00 00407805 VERIZON WIRELESS DATA USAGE 4,019.09
00407808 WECO INDUSTRIES INC SUPPLIES 2,954.89
00407840 C AND J FAVALORA TRUCKING INC FULTON RECYCLE 14,565.00 00407850 CALIF, STATE OF USE TAX REMITTANCE 404.12
00407851 CHECK PROCESSORS INC LOCKBOX PROCESSING 1,748.46 00407879 GRANITE CONSTRUCTION CO ASPHALT 4,022.66
00407889 JACK DOHENY COMPANY PARTS 1,823.87
00407915 NATIONAL AUTO FLEET GROUP TRUCK 32,540.48
00407920 OFFICE DEPOT INC OFFICE SUPPLIES 336.92
00407934 ROBERTS AND BRUNE CO SEWER FITTINGS 799.32
00945913 CANON FINANCIAL SERVICES COPIER LEASE 74.14
00945921 INFOSEND INC PRINT AND MAIL SERVICES 524.60
00945926 UBEO BUSINESS SERVICES COPIER 328.39
631 Marina Fund
Marina Administration
00407699 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 275.00 00407728 CSJ&J AQUATIC GARDENS LLC AQUATIC CIRCULATORS 4,012.02 00407757 LATITUDE 38 MARINA ADVERTISEMENT 919.00
00407776 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 125.00 00407805 VERIZON WIRELESS DATA USAGE 38.01
00407850 CALIF, STATE OF USE TAX REMITTANCE 784.20
00407920 OFFICE DEPOT INC OFFICE SUPPLIES 1,825.39
00407961 WEST MARINE PRO BILGE PUMPS 89.08
00945912 BIG SKY ENVIRONMENTAL SOLUTIONS WASTE FLAMMABLE LIQUIDS 1,040.00

Finance Accounting
Prepared by: A.Balingit
8/3/2023 August 8, 2023

CLAIMS BY FUND REPORT

FOR THE PERIOD OF
JULY 14 - 27 , 2023
FUND/CHECK#
227 Housing Fund
Housing
00407747 HABITAT FOR HUMANITY EAST BAY CDBG SERVICES 45,525.64

Finance Accounting
Prepared by : A.Balingit
8/3/2023 August 8, 2023
4E
F
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 8, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Ordinance Prohibiting Retaliation and Harassment of Residential Tenants

RECOMMENDED ACTION
It is recommended that the City Council adopt the Ordinance adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code prohibiting retaliation and harassment of residential tenants.

FISCAL IMPACT
Adoption of the ordinance will have direct and indirect fiscal impacts if the City engages in enforcement of the ordinance, either through the code enforcement process or through litigation. The proposed Ordinance may be enforced by an aggrieved tenant, an organization or other entity that represents the interests of aggrieved tenants, or the City.

At a minimum, an assistant city attorney or deputy city attorney position plus administrative support would be necessary for the City Attorney’s Office to provide support services to the public for this ordinance.

DISCUSSION
The City Council provided direction to staff at its May 9, 2023 and June 13, 2023 meeting to prepare additional tenant protection policies for City Council consideration, including policies prohibiting retaliation and harassment of residential tenants. Staff presented a Draft Ordinance to the City Council at its June 27, 2023 and July 25 meeting for discussion and further direction.

After receiving public comment, the City Council identified potential issues concerning the section of the Draft Ordinance that enumerates landlord acts and omissions that would constitute harassment if done in bad faith. The Council directed staff to research potential solutions. The proposed Ordinance, attached as Attachment A, reflects staff’s recommended updates, which are summarized in the table below.

Antioch City Council Report
August 8, 2023 Agenda Item# F 2

City Council
Direction
Ordinance Addition
or Revision

1. Address threats of rent
increase in response to
tenant request for repair
New subdivision (A)(4) of § 11-5.03 borrows language
from the proposed retaliation chapter so that the
prohibited acts—including increasing or threatening to
increase rent in retaliation against a tenant who
requests a repair or exercises a right under Title 11 of the Municipal Code—maybe enforced as retaliation or
harassment.

2. Require notice to be in
tenant spoken language
Revised subdivision (B) of § 11-5.04 requires the form
of notice prescribed by the City to include a Spanish
language translation. This revised subdivision also
clarifies that the City may include additional
translations and additional information that will help
effectuate the Tenant Anti-Harassment Ordinance.

The Rent Stabilization Ordinance requires notices for
its purposes to be provided in the language used in the written lease or that was used during the creation of
an oral lease. The revision in the proposed Ordinance
takes a different approach by requiring the City to
provide a dual-language notice so that tenants whose
primary language is Spanish will receive notice in that language regardless of the language used in the
lease.

3. Address improper
towing of tenant
vehicles
New subdivision (A)(8) of § 11-5.03 includes the
following act as harassment when done in bad faith:
“Remove or cause removal of a tenant’s vehicle from
the rental property or abutting street in violation of
applicable law.”

4. Address verbal abuse
and psychological harm
New subdivision (A)(13) of § 11-5.03 includes “verbal
or nonverbal abuse” and “verbal or nonverbal actions
directed at a tenant or their guest that are likely, or intended, to cause physical, mental, or emotional
harm” as harassment when done in bad faith.

Prohibited acts include harmful “verbal or nonverbal
actions directed toward a tenant or their guest as a
member of a protected class that are likely, or
intended, to cause physical, mental, or emotional
harm.”

5. Protect tenants’ right to
organize
New subdivision (A)(23) of § 11-5.03 includes the
following act as harassment when done in bad faith:

Antioch City Council Report
August 8, 2023 Agenda Item# F 3

City Council
Direction
Ordinance Addition
or Revision
“Prohibit, interfere with, retaliate against, or threaten retaliation against tenant organizing activities or
engaging in other political activities.”This provision
also defines “tenant organizing activities.”This
provision clarifies that the subdivision does not prohibit reasonable time, place, and manner requirements,
which a landlord could impose to address potential
impacts on other tenants and the rental property. Such requirements may not “effectively prohibit or
substantially interfere with organizing activities.” This language is based on San Francisco’s regulations on
Residential Tenant Communications.

6. Increase penalties to be
commensurate with
harm and serve as more
effective deterrent
Pursuant to revised subdivision (D) of §11-5.05, a
court may award “compensatory damages, rent
refunds for reduction in housing services, reasonable
attorney's fees and costs, imposition of civil penalties up to $10,000 per violation depending upon the
severity of the violation, tenant relocation, and other appropriate relief, as adjudged by the court.”

Additional Staff
Recommendation
Ordinance Addition
or Revision

7. Clarify standard for
landlord intent to
constitute harassment
Revised subdivision (A) of § 11-5.03 includes acts or
omissions done in “bad faith.” The bad faith standard
is generally recommended for tenant anti-harassment
protections because it is flexible and allows a court to consider the specific facts of the landlord’s behavior
in the context of the action taken and harm suffered.

8. Address sexual
exploitation
New subdivision (A)(5) of § 11-5.03includes
solicitation of a tenant for sexual conduct in exchange for protection from eviction, repairs or maintenance,
or fulfillment of a legal obligation.

9. Address excessive rent
increases intended to
force a tenant to vacate
in circumvention of
eviction protection laws
New subdivision (A)(22) of § 11-5.03 includes
excessive rent increases for units that are not
regulated by the Rent Stabilization Ordinance and
that are intended to push a tenant out of a rental unit that is subject to eviction protections. This provision would apply to units protected by the AB 1482 eviction
regulations, as well as units protected by City eviction regulations if adopted.

Antioch City Council Report
August 8, 2023 Agenda Item# F 4

Additional Staff
Recommendation
Ordinance Addition
or Revision

10.Include safeguard for
potential First
Amendment issues
New subdivision (B) of § 11-5.03 specifies that the
prohibited acts of harassment do not include “conduct
intended to communicate ideas or beliefs to the public
at large and that has only an incidental effect upon a
person or persons.” This provision enables the City
to regulate harmful conduct that is directed at a tenant while avoiding interference with protected speech.

11.Add criminal penalty to
allow administrative
enforcement
New subdivision (A) of § 11-5.05 makes violationsof
the Anti-Tenant Harassment Ordinance publishable
as an infraction or misdemeanor. This provision
allows the City to enforce the ordinance through code
enforcement because the Government Code
authorizes the City to enforce violations of the
Municipal Code that are infractions through
administrative citations and fines.

BACKGROUND
Anti-Retaliation
A policy prohibiting retaliation by residential landlords, or “anti-retaliation” policy, bars landlords from retaliating against tenant because the tenant exercised or asserted certain legal rights related to the rental unit, tenancy, and status as a tenant. Staff recommended adding an anti-retaliation policy that covers all existing and future tenant protections due to concerns expressed by tenants engaging with the Rent Program regarding fears of retaliation by landlords if the tenants assert rights under the Rent Stabilization Ordinance.

The proposed Ordinance would add Chapter 4 and Section 11-4.01 to Title 11, Tenant Protections, of the Antioch Municipal Code. Section 11-4.01 would prohibit landlords from engaging in enumerated acts as retaliation against a tenant for asserting or exercising any right under Title 11. Section 11-4.01 would also establish that any act of prohibited retaliation is a defense to an action to recover possession, as well as a basis for damages and injunctive relief against the landlord. Section 11-4.01 would also establish a presumption of retaliation where a tenant asserts or exercises a right under Title 11 within six months of the landlord’s act.

Anti-Harassment
Under State law, tenant harassment occurs when a landlord engages in specific acts with the intent to cause a tenant to vacate a rental property. The harm State law seeks to prevent is “constructive eviction,” and it does not address harassing acts by landlords that are not accompanied by the specific intent to cause the tenant to vacate or where it is difficult to prove this specific intent.

A City policy prohibiting harassment by residential landlords, or “anti-harassment” policy, Antioch City Council Report
August 8, 2023 Agenda Item# F 5

can focus more broadly on harmful actions by landlords that have no lawful purpose. The proposed Ordinance identifies specific acts and omissions by landlords that constitute prohibited harassment when done in “bad faith.” This bad faith standard encompasses situations where a landlord harasses a tenant in order to cause the tenant to leave, as well as situations where a landlord wants to avoid the expense or inconvenience of providing a tenant what they are lawfully owed or acts in a discriminatory manner.

The proposed Ordinance requires landlords to provide notice of the prohibited harassment to existing and future tenants within 30 days of the effective date of the chapter or at the beginning of the tenancy. Notice is also required in an interior common area, if any, and with any notice of termination of a tenancy. The proposed Ordinance may be enforced by an aggrieved tenant, the City, or an organization or other entity that represents the interests of aggrieved tenants. The proposed Ordinance also provides for a minimum damages amount and enhanced damages where a tenant is disabled or age 65 or over.

ATTACHMENTS
A. Ordinance Prohibiting Retaliation and Harassment by Residential Landlords

ATTACHMENT A
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADDING CHAPTERS 4 AND 5 OF TITLE 11

OF THE ANTIOCH MUNICIPAL CODE

PROHIBITING RETALIATION AGAINST AND HARASSMENT OF

RESIDENTIAL TENANTS
WHEREAS, a shortage of rental housing and market demand for affordable housing have resulted in an imbalance between supply and demand in the rental housing market in Antioch and an imbalance of bargaining power between residential landlords and tenants;
WHEREAS, Antioch residential tenants may be unwilling or unable to assert their legal rights due to factors such as an imbalance in bargaining power and concerns of retaliation;
WHEREAS, the City Council of the City of Antioch finds that these imbalances in the rental housing market and in the bargaining power of landlords and tenants reduces stability, security, and habitability, which are detrimental to the health, safety, and general welfare of Antioch residents;
WHEREAS, the City Council finds that renters occupy nearly forty percent (40%) of residential units in the City, Antioch renters have provided public comment at several City Council meetings regarding their experiences of harassment, and additional tenant protections will benefit the public health, safety, and welfare of the City; WHEREAS, the City Council finds that the displacement of residential tenants increases the risk that Antioch residents will lack stable and appropriate housing and, therefore, seek to institute measures to reduce the impacts of displacement on tenants, particularly tenants of limited financial means;
WHEREAS, the City Council finds that reasonable regulation of aspects of the residential landlord-tenant relationship is necessary to foster constructive communication, maintain an adequate supply of rental housing units, and protect the health, safety and general welfare of the public and that there is a lack of adequate protections and remedies in the absence of City regulations;
WHEREAS, the purpose of this policy is to preserve the public peace, health, and safety of the City by deterring harassing behavior by landlords against residential tenants, encouraging residential landlords to follow the law and uphold their responsibility to provide habitable rental properties, and establishing more effect remedies for tenants who experience harassing behavior;
WHEREAS, the purpose of this policy is also to help maintain peaceful relations in the community and minimize breaches of the peace caused by self-help evictions; to protect vulnerable populations of the Antioch community, including those referenced in the recitals of the City of Antioch Rent Stabilization Ordinance adopted on October 11, 2 2022; to preserve Antioch’s affordable rental housing stock; to reduce the expenditure of City and community resources needed in response to involuntary displacement; and to prevent adverse health impacts suffered by individuals—especially children, older person, persons living on fixed incomes, and other vulnerable renters in the City—and families as a result of displacement; and
WHEREAS, the City Council incorporates into this ordinance as necessary findings the recitals of this ordinance, any amendments or supplements, and any oral testimony provided on June 14, 2022, June 28, 2022, July 27, 2022, August 23, 2022, September 13, 2022, September 27, 2022, October 11, 2022, December 12, 2022, February 13, 2023, April 24, 2023, May 8, 2023, June 27, 2023, and July 25, 2023 and finds, determines, and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of the ordinance.

NOW, THEREFORE, the City Council of the City of Antioch does ordain as follows:

Section 1.The recitals above are incorporated herein.

Section 2.Chapter 4 of Title 11 of the Antioch Municipal Code, entitled “Retaliation Prohibited” is hereby added as provided below (section numbers and titles are indicated in capital letters):
§ 11-4.01 RETALIATION PROHIBITED.
(A) No landlord may threaten to bring, or bring, an action to recover possession, cause the tenant to quit the unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any housing services or increase the rent where the landlord’s intent is retaliation against the tenant for the tenant’s assertion or exercise of any right under this title. (B) Any action of retaliation described in subdivision (A) shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and injunctive relief.
(C) In an action by or against a tenant, evidence of the assertion or exercise by the tenant of rights under this title within six months prior to the alleged act of retaliation shall create a presumption that the landlord’s act was retaliatory. "Presumption" means that the court must find the existence of the fact presumed unless and until its nonexistence is proven by a preponderance of the evidence. A tenant may assert retaliation affirmatively or as a defense to the landlord’s action without the aid of the presumption regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this chapter and the alleged act of retaliation.
3 Section 3.The following definition is hereby added to Section 11-1.02, entitled “Definitions,” of the Antioch Municipal Code:

HOUSING SERVICES. All amenities and services related to the use or occupancy of a rental unit and common areas that are provided by the landlord, including a proportionate part of services provided to common facilities of the building and property in which the rental unit is contained. HOUSING SERVICESincludes without limitation hot and cold water, heat, utilities, painting, elevator service, refuse removal, janitorial service, maintenance, repairs, replacement, recreational areas (including pools or gyms), laundry facilities, furnishings, storage space, parking (including one or more automobiles), employee services, security services, insurance, the payment of property taxes, and any other benefits or privileges permitted to the tenant by agreement, whether express or implied. HOUSING SERVICES also includes those basic housing services required by Cal. Civil Code § 1941.1.

Section 4.Chapter 5 of Title 11 of the Antioch Municipal Code, entitled “Anti- Harassment” is hereby added as provided below (section numbers are indicated in bold, and titles are indicated in bold capital letters):
§ 11-5.01 TITLE, PURPOSE. AND APPLICABILITY.
(A) This chapter shall be known as the “Tenant Anti-Harassment Ordinance”.
(B) The Tenant Anti-Harassment Ordinance augments existing protections provided to residential tenants under federal, State, and local laws to prohibit and deter tenant harassment by landlords in all residential rental units, including single-family residences and condominiums. (C) The Tenant Anti-Harassment Ordinance applies to all landlords and tenants of residential rental units within the City, unless exempted herein, including landlords and tenants who may not be covered by other Title 11 tenant protection policies.
§ 11-5.02 EXEMPTIONS.

The following rental units are exempt from the restrictions and requirements of this chapter:
(A) Rental units in any hospital, skilled nursing facility, senior residential home care facilities, or health facility.
(B) Rental units in a nonprofit facility that has the primary purpose of providing short-term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary 4 or transitional nature of the housing at its inception and is licensed for such purpose where such license is required.
(C) Rental units in a nonprofit facility that provides a structured living environment with the primary purpose of helping homeless persons obtain skills necessary for independent living in permanent housing and where the occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception and is licensed for such purpose where such license is required. (D) Rental units exempted from Part 4, Title 4, Chapter 2 of the California Civil Code by section 1940(b)(transient occupancy in hotels/motels), or successor statute, unless either the landlord offers for rent or rents the rental unit for a period of thirty (30) days or more, or the landlord violates California Civil Code section 1940.1, or successor statute, to avoid tenancy status.
§ 11-5.03 HARASSMENT BY LANDLORD PROHIBITED.
(A) No landlord, and no agent or employee of the landlord, shall engage in any act or omission described below in bad faith. Each act or omission in violation of this section constitutes harassment. (1) Interrupt, terminate, or fail to provide, or threaten to interrupt, terminate, or fail to provide, housing services required by a rental housing agreement or by State or local housing, health, or safety laws. This includes, without limitation, the following:
(a) Curtailing any utility services by any means whatsoever including, but not limited to, the cutting or removal of wires, removal of fuses, switching of breakers, and non- payment of bills for utilities that are part of the housing services.

Utility services includes, but is not limited to, water, heat, electricity, gas, telephone, cable, internet, garbage and recycling collection, and sewage.
(b) Impeding reasonable access to the rental unit.
(c) Removing, without replacement within a reasonable time period, when building permits are obtained, if required, doors or windows of the rental unit.
(2) Fail to perform, or threaten to fail to perform, repairs or maintenance required by a rental housing agreement or by State or local housing, health, or safety laws.
5 (3) Fail to exercise due diligence in completing repairs or maintenance once undertaken or fail to follow appropriate industry repair containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.
(4) Take, or threaten to take, any action to recover possession or cause the tenant to quit the unit involuntarily, decrease a housing service, or increase rent with the intent to retaliate against a tenant for the tenant’s assertion or exercise of any right under this title, including a right to request reasonable repairs or maintenance, or to deter the assertion or exercise of such rights.
(5) Solicit a tenant for sexual conduct in exchange for protection from eviction, repairs or maintenance of the rental unit or rental property, or the fulfilment of an obligation of the landlord under the rental housing agreement or law.
(6) Abuse the right of access into a rental unit as established and limited by California Civil Code Section 1954 or successor statute, including entering or photographing portions of the rental unit that are beyond the scope of a lawful entry or inspection.
(7) Remove from the rental unit personal property, furnishings, or other items that belong to the tenant or that are part of the housing services without the prior written consent of the tenant, except when done pursuant to the procedures set forth in Civil Code Section 1980 et seq, or successor statute.
(8) Remove or cause removal of a tenant’s vehicle from the rental property or abutting street in violation of applicable law. (9) Influence or attempt to influence a tenant to vacate a rental unit through fraud, intimidation, or coercion. This includes threatening to report a tenant or other person known to the landlord to be associated with the tenant to any local, State, or federal agency based on their perceived or actual immigration status. The prohibition shall not be construed as preventing communication with such agencies regarding an alleged immigration violation as permitted by law. This provision shall also not be construed to conflict with Civil Code Section 1940.2, subd. (a)(5) or successor statute.
(10) Offer payments to a tenant to vacate more than once in six (6) months, after the tenant has notified the landlord in writing the tenant does not desire to receive further offers of payments to vacate.
6 (11) Attempt to coerce a tenant to vacate with offer(s) of payments to vacate that are accompanied with threats or intimidation.
(12) Threaten a tenant or their guest by word or gesture, with physical harm.
(13) Engage in verbal or nonverbal abuse of a tenant or their guest or use verbal or nonverbal actions directed at a tenant or their guest that are likely, or intended, to cause physical, mental, or emotional harm, including verbal or nonverbal actions directed toward a tenant or their guest as a member of a protected class that are likely, or intended, to cause, physical, mental, or emotional harm. (14) Engage in any act or omission that interferes with a tenant’s right to quiet use and enjoyment of a rental unit, as that right is defined by California law.
(15) Violate a law that prohibits discrimination based on actual or perceived race, color, sex (including pregnancy, childbirth, and related medical conditions), gender, sexual preference, sexual orientation, ethnic background, nationality, ancestry, place of birth, immigration or citizenship status, primary language, religion, age, source of income, military or veteran status, familial status (including parenthood, occupancy of a minor child, and composition of family unit), marital status, disability (including mental and physical disability), genetic information, or medical condition. Parentheticals in the foregoing list are without limitation.
(16) Refuse to accept or acknowledge receipt of a tenant’s lawful rent payment, except when a landlord is engaged in a tenant eviction process.
(17) Refuse to cash a rent check or money order for more than 30 days.
(18) Engage in any act that interferes with a tenant’s right to privacy or request information that violates a tenant’s right to privacy, including, without limitation, residency or citizenship status or social security number, except as authorized by law.
(19) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts. (20) Force a tenant to vacate their rental unit and reregister to avoid classification as a tenant under Civil Code Section 1940.1.

Forced vacation can be implied from the totality of the circumstances. 7 (21) Unilaterally impose or require an existing tenant to agree to material new terms of tenancy or to a new rental housing agreement, unless:
(a) Subject to subdivision (3), below, the change in the terms of tenancy is explicitly authorized by this title, California Civil Code sections 1946.2(f), 1947.5, or 1947.12, or any successor statute thereof, or is required by federal, State, or local law or regulatory agreement with a government
agency; or
(b) Subject to subdivision (3), below, the change in the terms of the tenancy was accepted in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept such new terms as part of the rental
agreement.
(c) Notwithstanding the foregoing, where a rental unit is regulated by the Rent Stabilization Ordinance, § 11-3.01 et seq.,any change in terms of tenancy must comply with the Rent Stabilization Ordinance and associated
regulations.
(22) Take any action to recover possession of a rental unit that is exempt from rent increase limitations under this title or any other provision of law by means of a rent increase that is imposed in bad faith with intent to coerce the tenant into vacating the rental unit in circumvention of State and local eviction protection laws. Evidence of bad faith may include, without limitation, the following: (i) the rent increase was substantially in excess of market rates for comparable units; (ii) the rent increase was within six months after an attempt to recover possession of the unit; and (iii) such other factors as a court may deem relevant.
(23) Prohibit, interfere with, retaliate against, or threaten retaliation against tenant organizing activities or engaging in other political activities. “Tenant organizing activities” include the following:
(a) Initiating contact with tenants to ascertain interest in, or seek support for forming, a tenant association or union, which may include conducting door-to-door surveys;
(b) Joining, supporting, or operating a tenant association or union; and
(c) Requesting or providing information, offering assistance, distributing literature, convening meetings with or without a landlord or landlord representative, or otherwise acting 8 on behalf of one or more tenants in the building regarding housing conditions, community life, landlord-tenant
relations, and/or similar issues of common interest or
concern among tenants in the building.
(d) This subdivision (A)(23) does not prohibit a landlord from establishing reasonable time, place, and manner
requirements of organizing activities so long as the
requirements would not effectively prohibit or substantially interfere with organizing activities.
(24) Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, peace or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy. (B) The conduct described in subdivision (A), above, shall not include conduct intended to communicate ideas or beliefs to the public at large and that has only an incidental effect upon a person or persons. § 11-5.04 NOTICE.
(A) On or before the date of commencement of a tenancy, and at the same time as any notice of termination of tenancy, a landlord shall deliver to the tenant written notice of the following in the form prescribed by the City:
(1) The tenancy is regulated by this Tenant Anti-Harassment Ordinance, Antioch Municipal Code, Title 11, Chapter 5. (2) Section 11-5.03 of the Antioch Municipal Code prohibits landlords from engaging in certain acts or failing to perform certain acts related to a tenancy in bad faith or with a dishonest intent. (3) Landlords that violate this chapter may be held liable for damages.
(B) The form of notice prescribed by the City shall include a Spanish language translation of the text and may include translations in additional languages or additional information deemed necessary or convenient to effectuate the purpose of this chapter.
(C) For tenancies existing on the effective date of this chapter or any amendment thereof, a landlord shall deliver to each existing tenant the written notice required by subdivision (A), above, in the form prescribed by the City within thirty (30) days of such effective date. 9 (D) Where a property contains more than one rental unit and an interior common area accessible by the tenants of more than one rental unit, landlords shall post the written notice required by subdivision (A), above, in the form prescribed by the City in at least one interior common area. § 11-5.05 SEVERANCE OF AMENITIES PROHIBITED.
(A) The following amenities, supplied in connection with use or occupancy of a rental unit, may not be severed from a tenancy without good cause: garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, backyards, gardens on the same lot, kitchen facilities, toilet facilities, or lobbies in residential hotels. (B) For purposes of this section, good cause shall include:
(1) Required by federal, State, or local law;
(2) For rental units that are exempt from the Rent Stabilization Ordinance,§ 11-3.01 et seq., acceptance of the severance in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept the severance;
(3) For rental units that are regulated by the Rent Stabilization Ordinance,§ 11-3.01 et seq., approval of the removal of amenities by a Hearing Officer; or
(4) Severance results from the removal of a balcony for which repair or removal was necessary for safety and the landlord has obtained all necessary permits for the removal.
(B) A severance does not include noticed temporary unavailability of the above housing services to perform necessary work with all required permits.
§ 11-5.05 WAIVER VOID.

It is against public policy, void and unenforceable to waive or modify any provision of this chapter in an oral or written rental housing agreement. § 11-5.05 REMEDIES AND PENALTIES.
(A) Criminal Penalty. A violation of any provision of this chapter is punishable as an infraction or misdemeanor. A misdemeanor conviction under this article shall be punished by a fine of not more than $1,000 for each offense or by imprisonment in the county jail for a period of not more than six months or both, as determined by the court.
10 (B) Civil Action. Any aggrieved person, or any person, organization, or entity who will fairly and adequately represent the interest of an aggrieved tenant(s) under this chapter, or the City may institute civil proceedings as provided by law against any landlord violating any of the provisions of this article and any person who aids, facilitates, and/or incites another to violate the provisions of this article, regardless of whether the rental unit remains occupied or has been vacated due to harassment. The burden of proof in such cases shall be preponderance of the evidence.
(C) Injunction/Equitable Relief. Any person who commits an act or engages in any pattern and practice that violates this chapter may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate. An action for injunction under this subsection may be brought by an aggrieved person, by the City Attorney, or by any person or entity who will fairly or adequately represent the interests of the protected class.
(D) Penalties and Other Monetary Awards.
(1) Any person who violates, or aids or incites another person to violate, the provisions of this chapter is liable in a court action for each and every such offense for money damages of not less than three times actual damages suffered by an aggrieved tenant (including damages for mental or emotional distress), or for the minimum damages in the sum of two thousand dollars ($2000.00), whichever is greater, or whatever other relief the court deems appropriate, and shall be liable for such attorneys’ fees and costs as may be determined by the court. In the case of an award for damages for mental or emotional distress, said award shall be trebled only if the trier of fact finds that the landlord acted in knowing violation of or reckless disregard of this chapter.
(2) Any person who violates, or aids or incites another person to violate, this chapter shall be liable for an additional civil penalty of up to five thousand dollars ($5,000) for each offense committed against a person who is disabled within the meaning of California Government Code Section 12926, et seq. or successor statute, or aged sixty-five (65) or over. A tenant prevailing in court under this article may be awarded compensatory damages, rent refunds for reduction in housing services, tenant relocation costs, imposition of civil penalties up to $10,000 per violation depending upon the severity of the violation or history of violations of this chapter by the landlord, and other appropriate relief, as adjudged by the court. (3) The court may also award punitive damages to any plaintiff, including the City, in a proper case as defined by Civil Code Section 11 3294 or successor statute. The burden of proof for purposes of punitive damages shall be clear and convincing evidence. (4) A prevailing defendant in a civil action under this section shall be entitled to an award of attorneys’ fees only if it is determined by the court that the action was devoid of merit and brought in bad faith. (E) Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action.
(F) Additional Enforcement; Nonexclusive Remedies and Penalties.

This Rent Stabilization chapter may be enforced as provided in Chapter 2 of Title 1 of this code in addition to the remedies provided herein. The remedies in this chapter shall be in addition to any other existing remedies which may be available.

Section 8. Severability.If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.

Section 9. CEQA. The above amendment is not a project under the California Environmental Quality Act under the common-sense exemption (CEQA Guidelines §15061(b)(3) because the proposed amendment will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.

Section 10. Publication. This ordinance shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch and shall take effect and be enforced thirty (30) days from and after the date of its adoption. * * * * * * * I HEREBY CERTIFY that the forgoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the ___th day of ______ 2023, and passed and adopted at a regular meeting thereof, held on the ____ day of _____ 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

12 Lamar Thorpe, Mayor of the City of Antioch

ATTEST:

Elizabeth Householder
City Clerk of the City of Antioch

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Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of August 8, 2023

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: REJECTION OF CLAIM: JUSTIN AND SHEILA NARTEA

RECOMMENDED ACTION
It is recommended that the City Council reject the claim submitted by Justin and Sheila Nartea.

Should the City Council desire to discuss this matter, it would be scheduled for a future closed session.

ATTACHMENTS
None.

H
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 8, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Zoe Merideth, Senior Planner
Hilary Brown, Administrative Analyst
APPROVED BY: Kevin Scudero, Acting Community Development Director SUBJECT: Third Amendment to the Consulting Services Agreement with Urban Planning Partners for Housing Element and Safety and
Environmental Justice Element Preparation Services

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution:
1) Approving the third amendment to the Consulting Services Agreement with Urban Planning Partners in an amount not to exceed $67,772 for a total contract amount of $885,277 for Housing Element and Safety and Environmental Justice Element preparation services and extending the term of the contract through December 30, 2024; and
2) Authorizing the Acting City Manager or designee to execute the third amendment to the Agreement with Urban Planning Part ners in a form approved by the City Attorney.

FISCAL IMPACT
The original contract with Urban Planning Partners was approved in an amount not to exceed $552,765 on May 25, 2021 . On July 27, 2021 , a contract amendment was approved for $107,440 for the Safety and Environmental Justice Elements. A second contract amendment was approved on April 26, 2022 for $157,300 for additional analysis, fair housing assessment, and preparation of the Environmental Impact Report. The third amendment is requested for $67,772 to cover unanticipated levels of effort and to address comments received on the Housing Element from the California Department of Housing and Community Development (HCD).

The project is funded through both State grants and the City’s General Fund. This project is a component of the broader General Plan update, which was accounted for in the Community Development Department’s (CDD) Operating Budgets for FY 2021 -23 and FY 2023-25. In addition to CDD’s collection of fees for the Building and Planning services Antioch City Council Report
August 8, 2023 Agenda Item #H 2
provided, CDD collects a General Plan Maintenance Fee on each building permit which offsets the cost of such efforts.

Grants:
• $500,000 is provided through a Local Early Action Panning (LEAP) grant • $41,439 is provided through the Regional Early Action Planning (REAP) grant • Grant Total: $541,439
General Fund:
• General Fund Total: $343,838

DISCUSSION
On May 25, 2021, the City Council adopted a resolution directing the City Manager to execute a contract with Urban Planning Partners (UPP) for development and preparation of the 2023 -2031 Housing Element and supporting contents including environmental analysis to satisfy the California Environmental Quality Act (CEQA) Guidelines. The initial contract amount was authorized for $552,765.

On July 27, 2021, the original contract was amended to include $107,440 for the preparation of the Safety Element and Env ironmental Justice Element to satisfy the requirements of Senate Bill (SB) 1000.

On April 26, 2022, the contract was amended for a second time for $157,300. This amendment was required to cover costs associated with the Sites Inventory analysis, an assessment of fair housing, the EIR preparation and contingency fees.

The current amendment is the third amendment and consists of two parts. The first part is for higher than anticipated level of effort required on the part of UPP that caused the firm to go over budget. This level of effort included project management and coordination including additional meetings with staff. Additional revisions to the Housing Element to complete a second and third round of comments from HCD. The Environmental Justice Element required a larger level of effort from the consultants than they previously anticipated. To make up for staff inefficiencies related to staffing changes at UPP, UPP is writing down 20-25% of the overage.

The second part of the request is for future efforts to complete the Housing Element and Environmental Justice Element. This effort includes additional funding for project management and coordination, including staff meetings. Additional funds to complete the third revision to the Housing Element, including completing the changes, meeting with HCD, and publishing the changes. Based on the experience of other jurisdictions, the scope also includes funds to complete a possible of a fourth submittal to HCD. Finally, the scope includes finalizing the Environmental Justice Element.

The City Council adopted the City of Antioch Housing Element in January 2023, ahead of the State mandated deadline. The resolution the City Council approved also granted staff Antioch City Council Report
August 8, 2023 Agenda Item #H 3
the authority to make non-substantive changes to the adopted Housing Element. The City then submitted the adopted Housing Element to HCD, which returned additional comments. UPP and staff are working to address HCD’s latest comments and make non- substantive changes to the Housing Element to gain HCD certification.

ATTACHMENT
A. Resolution with Exhibit A

ATTACHMENT A
RESOLUTION NO. 2023/**
RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING

THE THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH

URBAN PLANNING PARTNERS FOR HOUSING ELEMENT AND SAFETY AND

ENVIRONMENTAL JUSTICE ELEMENT PREPARATION SERVICES AND

AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO THE

AGREEMENT
WHER
EAS, the State Department of Housing and Community Development requires all jurisdictions in the State of California to update their Housing Element every eight (8) years;
WHEREAS, on May 25, 2021, the City Council approved a contract for consultant services with Urban Planning Partner s, a land use planning firm, in the amount of $552,765 for the preparation of the 2023-2031 Housing Element and related services; WHER
EAS, on July 27, 2021 the City Council approved a contract amendment for $107,440 for the preparation of the Safety and Environmental Justice Elements required pursuant to SB1000;
WHER
EAS, on April 26, 2022 the City Council approved a contract amendment for $157,300 for additional analysis, fair housing assessment, and preparation of the Environmental Impact Report;
WHER
EAS, the City of Antioch has approved the Housing Element update for the 2023-2031 6 th Cycle planning period and is working to gain the State Department of Housing and Community Development (HCD) certification of the Housing Element; and WHER
EAS, the additionally requested funds will cover overages associated with the preparation of the Housing and Environmental Justice Elements along with continued efforts to complete the Elements and gain HCD certification of the Housing Element.

NOW, T
HEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:

1. Approv
es the third amendment to the Consulting Services Agreement with Urban Planning Partners in an amount not to exceed $67,772 for a total contract amount of $885,277 for Housing Element and Safety and Environmental Justice Element preparation services and extending the term of the contract through December 30, 2024; and

2. Authorizes the Acting City Manager to execute the third contract amendment to the Agreement in a form approved by the City Attorney.
* *
* * * * *
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I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioc h at a regular meeting thereof, held on the 8th day of August, 2023 b y the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
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EXHIBIT A

HOUSING ELEMENT
CONTRACT MODIFICATION SCOPE #3
(SEPARATE PAGE)
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THIRD AMENDMENT TO AGREEMENT

FOR CONSULTING SERVICES BETWEEN THE CITY OF ANTIOCH AND

URBAN PLANNING PARTNERS
T

HIS THIRD AMENDMENT TO THE AGREEMENT FOR CONTRACT
HOUSING ELEMENT PREPARATION SERVICES is entered into this 31st day of December 2022 by and between the CITY OF ANTIOCH, a municipal corporation (“City”) and Urban Planning Partners their address is 388 17th Street, Oakland, CA 94612 (“Consultant”).

R

E C I T A L S
W
HEREAS, on the 8th day of June 2021, City and Consultant entered into an Agreement for Consulting Services between the City of Antioch and Urban Planning Partners (“Agreement”) in the amount of $552,765.00;
W
HEREAS, on the 27th day of July 2021 the City Council approved the First Amendment to the Agreement in the amount of $107,440 to update the Safety Element and draft an Environmental Justice Element; and
W
HEREAS, on the 26th day of April 2022, the City Council approved the Second Amendment to the Agreement to update the CEQA analysis in the amount of $157,300; W
HEREAS, on August 8, 2023, the City Council approved the Third Amendment to the Agreement in a sum not to exceed $67,772;
N
OW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:

1. Se
ction 1 “SERVICES” the first paragraph shall be amended to read as follows:
“
Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish all technical and professional services including labor, materials, equipment, transportation, supervision, and expertise to provide to City the services described i n the Scope of Work attached as Exhibit 1 to the Agreement, Exhibit 2 to Amendment No. 1, Exhibit 3 to Amendment No. 2, and Exhibit 4 to Amendment No. 3, of the Agreement at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibits, the Agreement shall prevail.”

2. S
ection 1.1 “Term of Services” shall be amended to read as follows:
“
The term of this Agreement shall begin on the date first noted above and shall end on December 30, 2023, and Consultant shall complete the work described in Exhibit 1 to the Agreement, Exhibit 2 to Amendment No. 1, Exhibit 3 to Amendment No. 2, and Exhibit 4 to Amendment No. 3 , prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8 of the Agreement. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8 of the Agreement.” A4

3. S
ection 2 “COMPENSATION” the first sentence shall be amended to read as follows:
“
City hereby agrees to pay Consultant a sum not to exceed Eight Hundred Eighty-Five Thousand Two Hundred Seventy -Seven dollars ( $885,277.00), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.” A
ll other terms and conditions of the Agreement shall remain in full force and effect.

CI
TY: CONSULTANT:

CITY OF ANTIOCH URBAN PLANNING PARTNERS
______________________________
By:______________________________
Kwame P. Reed, Acting City Manager
Name:___________________________
Title:____________________________
Attest:
_____________________________
By:_____________________________
Elizabeth Householder, City Clerk
Name:___________________________
Title:____________________________
Approved as to Form:
____________________________
Thomas Lloyd Smith, City Attorney
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Exhibit 1
Contract Scope of Services
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2. SCOPE OF W ORK
This section outlines Urban Planning Partners’ recommended scope of work for preparing the Housing Element, VMT Policies, and Objective Design Standards for the City of Antioch.

We understand the breadth of services required to complete a thorough and effective document that meets all state and local requirements. Our scope of work lays out clear steps for compliance with the end goal of furthering fair housing and laying the groundwork for successful development in Antioch.

SCOPE OF WORK
Task 1: PROJECT MANAGEMENT AND COORDINATION
Urban Planning Partners w ill undertake a variety of general management tasks throughout the Housing Element update process, including schedule management, coordination with subconsultants, quality assurance for all work conducted in-house and by subconsultants, and coordination with HCD. Urban Planning Partners will provide direction to all team members to ensure an internally consistent, coherent document. Meredith Rupp, Project Manager, will serve as the primary point of contact and ensure effective coordination through various strategies including but not limited to:
• Assigning a dedicated meeting notetaker
• Sending action items after each meeting
• Establishing regular check-ins/ standing meetings to coordinate across the consultant team • Providing concise, regular updates to City staff as desired • Completing clear projections and allocations of work for all staff to ensure project deadlines are met or exceeded in a timely manner in conjunction with other project work. • Overseeing a thorough quality assurance and quality control (QAQC) process including senior level review on all deliverables.

Project Advisor Diana Elrod will serve as point of contact with HCD, communicating early often with the Contra Costa County representative as well as with Paul McDougall, HCD Manager. Meredith and Diana will attend HCD office hours and ABAG Webinar Series on an as-needed basis to keep up to date on key checkpoints for the Housing Element process and stay on track to meet all state requirements and deadlines.

In order to ensure collaboration between City staff and the consultant team while being sensitive to staff capacity constraints, Urban Planning Partners has assumed 12 one-hour meetings with key staff contacts at project milestones. This scope of work and fee assumes that the following meetings will be needed:
 Project Kick Off
 AFFH Strategy Meeting
 Sites Inventory Scenarios Working Sessions (2)
 CEQA Kick Off
 Outreach/Hearings Preparation Meetings (4)
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 Goals, Policies, Programs, and Quantified Objectives
 Miscellaneous meetings to address issues (2)
Agenda items at the Kick-Off meeting will include the appropriate buffer to use for the sites inventory, what has worked well for community outreach in the past and what groups have been harder to reach, when and how often to engage the Planning Commission and City Council, communication protocols and team meeting frequency, and the scope and schedule for the CEQA and Objective Design Standards projects.

TASK 1 DELIVERABLE:
 Updated scope of work, fee, and schedule (one round of review and revision) Task 2: COMMUNITY OUTREACH AND ENGAGEMENT
We understand t hat effective community engagement is the key to a successful final product. For the City of Antioch Housing Element and associated work, we will approach engagement strategically with a two-pronged approach:
 Identifying target audiences, engagement outcomes, and preferred tools in engagement plan  Implementing the strategy in phases, allowing for feedback from the community to organically shape remaining phases.

TASK 2A: E NGAGEMENT STRATEGY
Urban Planning Partners and InterEthnica will prepare a memo outlining the recommended engagement tools and schedule and identifying any groups that will require more effort to successfully reach, including those who have experienced fair housing issues. The outreach strategy memo will include a matrix of recommended activities and the associated fee for each. It will also present Antioch’s demographics, which, together with consultation with the City, will be used to identify key demographic groups whose input will be particularly important for this effort. Because the Housing Element has the potential to positively impact those experiencing housing needs, it will be important to reach and hear from those who can benefit from new housing development. These key groups could include the houseless, low-income households, youth, and the Latinx community. The memorandum will include strategies tailored towards reaching the target groups, such as stipends, partnerships with schools, and presentations to existing community groups.

Having this deliverable after our kick-off meeting will allow us to learn from City staff about what has been successful in the past, what has not worked, anticipated areas of controversy, and other relevant context that can shape our strategy.

TASK 2A DELIVERABLE:
 Community Outreach Strategy (including schedule and budget) (one round of review and revision) A8
Task 2B: Strategy Implementation
Urban Planning Partners, working in partnership with InterEthnica, will implement the Outreach Strategy developed in Task 2A. The budget included in this proposal includes the activities described below, but different activities are likely to be included depending on the key groups we identify and what we learn about community outreach from the City’s recent planning projects. The budget also assumes Spanish translation of key documents, three Spanish interviews, and one Spanish event. InterEthnica will work in tandem with Urban Planning Partners to provide Spanish-language translation for community engagement materials.

We anticipate engagement occurring in three phases, as described below.  Introduce Project. We will ensure the community is well-informed on what a Housing Element is, what objective standards are, and why they are done. Members of the public will understand the role of the Housing Element in the context of the State’s housing goals, the Bay Area’s RHNA, and housing policy history.
 Understand Existing Conditions. We will solicit community and stakeholder input on housing constraints, resources, and opportunities, and housing needs, including needs for special p
opulations.
 Explore and Refine Solutions. This phase will be used to formulate realistic and community- supported solutions to address housing challenges in the community. We will ask the community for feedback on draft products and potential solutions using interactive activities.

1. INTRODUCE PROJECT
Using the City of Antioch website as a base, Urban Planning Partners will develop website content in English that introduces the project and lays out a project timeline, including opportunities for public participation and engagement events. InterEthnica will translate these materials into Spanish.

Furthermore, using the template provided by ABAG’s Regional Housing Technical Assistance Program, Urban Planning Partners will develop a one pager on the Housing Element update explaining what a Housing Element is and why they are done, as well as introducing what objective standards are. The handout will summarize key State laws and terms such as affordable housing and Affirmatively Furthering Fair Housing (AFFH) so that the public is well-informed on Housing Element requirements and can provide more meaningful input at later phases. This handout will be posted on the Town’s webpage and circulated via the City’s social media accounts as applicable.

Urban Planning Partners and InterEthnica will complete up to three interviews with community leaders and/or organizations that serve these communities in order to introduce ourselves and the project and establish a relationship with key partners and stakeholders. These leaders and/or organizations will be essential in helping us reach new voices, especially those who experience housing barriers, such as people of color, low-income folks, persons with disabilities, and others protected by California law.

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2. UNDERSTAND EXISTING CONDITIONS
During this phase, we will solicit community and stakeholder input on housing constraints, resources, and opportunities, and housing needs, including needs for special populations. Per Housing Element requirements, we will make a diligent effort to reach diverse and underrepresented groups, including low-income residents, persons of color, and persons with disabilities.

This budget assumes a focus group with housing developers (market-rate and affordable) and up to five interviews with housing activists, nonprofit organizations, and community leaders. These focus groups and interviews will be focused on understanding current patterns of segregation, housing needs, and barriers.

During this phase, we will also conduct two study sessions, one with the Planning Commission and one with City Council. These will be the first public meetings on the Housing Element, and so they will include an overview of what a Housing Element is and compare the context for this Housing Element to the 20154-2023 Element. Urban Planning Partners will work with City staff to determine which aspects of the analysis and Existing Conditions outreach to share with the Commission and Council. A first draft of the sites inventory will be completed prior to the study session should the team wish to share it. Urban Planning Partners will prepare a staff report and prepare and conduct a presentation.

The study session will be widely publicized via social media and outreach to community organizations and leaders, including the community contacts established with the interviews. During the study sessions, members of the public and the Commissioners/Councilmembers will see and be able to react to the results of draft work completed to date and understand what has yet to be completed. This will enable us to build momentum and interest in the remaining work and increase transparency.

3. EXPLORE AND REFINE SOLUTIONS
This phase will be used to formulate realistic and community-supported solutions to address housing challenges in the community. We will ask the community for feedback on draft products and potential solutions using interactive activities.

Urban Planning Partners will host two community-wide meetings during this phase. The budget assumes these meetings are all virtual, but the outreach strategy memorandum will assess the cost and logistics of doing them in-person as well. One meeting will be focused on housing constraints and goals and the other more narrowly focused on the sites inventory. InterEthnica will host one Spanish-language meeting that combines content from the two.

The first meeting will present the housing constraints we have uncovered as well as draft housing goals.

After the presentation, breakout rooms with at least one team facilitator in each group will be used to discuss and evaluate potential policies and programs. A platform like Remo or Mural will be used to make brainstorming more interactive and discussion questions will be used to help spark participants thinking and to consider tradeoffs. Facilitators will also be prepared with solutions to test in the community, such as pre-approved ADU plans or landlord education services, zoning for tiny homes villages, or greater zoning incentives for affordable housing. A video recording of the meeting will be posted on the City’s A10
website and an online survey will be circulated asking community members to select their top policy and program solutions.

The second meeting will focus on the sites inventory. Up to three scenarios will be developed and presented to show areas for potential rezoning. Urban Planning Partners will provide high-level pros and cons of each scenario. At the end of the presentation, breakout rooms will be used to discuss the three scenarios and their tradeoffs in more depth and each group will vote on their preferred scenario. When the breakout groups come back together, facilitators will briefly summarize one to two salient aspects of the conversation in their groups and what the preferred scenario was. An interactive poll will also be used for all attendees to vote on the preferred scenario after hearing the breakout room summaries.

A video recording of the meeting will be posted on the City’s website and the same poll used at the end of the meeting will be available online up to a week after the event for those who were not able to attend. Social media, phone calls and emails to community organizations, and outreach to the focus group attendees and interviewees in previous phases will be used to publicize the community meeting and the poll.

4. ONGOING
In addition to the three phases, a dedicated project website hosted by the City will be used throughout the project’s entirety. The website will be updated with summaries of outreach activity results on a rolling basis, as well as the demographic trackers showing the makeup of Antioch and the makeup of our outreach participants in terms of age, race, ethnicity, household size, and household income. We will use pre- or post-engagement surveys/comment cards and registration forms to track demographics.

The website will also include information on the project schedule and upcoming outreach opportunities and drafts of deliverables available for public review and comment. We will determine with the City which materials should be translated into Spanish. The budget assumes that the project schedule and announcements and one meeting summary (for the Spanish event) will be provided in Spanish.

TASK 2B DELIVERABLES:
 Outreach meetings and materials (one round of review and revision for each)  Event summaries (one round of review and revision)
 Website content (one round of review and revision)
Task 3: HOUSING AND SPECIAL HOUSING NEEDS
ABAG’s Regional Housing Technical Assistance Program will provide jurisdiction-specific graphs and write-ups for all required data, including population, demographic, housing, market conditions and regional comparisons. The information provided by the Technical Assistance Program has been vetted by HCD and complies with Housing Element law requirements to include the following:
 Existing and projected housing needs for all income levels, including extremely low income- households.
 Population and employment trends.

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 Household characteristics, including level of payment compared to ability to pay, overcrowding, and housing stock condition.
 Assisted housing developments at risk of conversion.
 Special housing needs, such as those of the handicapped, elderly, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.

Urban Planning Partners will participate in the ABAG Housing Element Technical Assistance Program’s webinar series and office hours to be up to date on the technical assistance materials provided and to provide input on the City of Antioch’s needs as appropriate. Urban Planning Partners will review the materials prepared through Technical Assistance Program, format them, and incorporate them into the Housing Element. The budget assumes that the text and graphs provided by ABAG will not require any tailoring. An optional fee is allotted in the budget if refinements are required to meet Antioch’s needs and/or HCD requirements.

The analysis in this task will be a section of the Housing Element and reviewed by staff in Task 9.

Task 4: HOUSING CONSTRAINTS
State Housing Element Law requires that local jurisdictions outline the barriers or constraints to providing the community’s housing needs, including both governmental and non-governmental.

Through a combination of stakeholder outreach, previous planning work and data review, and discussions with City staff, the Urban Planning Partners team will identify potential and actual constraints on the preservation, protection, and production of housing across income levels within the City. Constraints could include building codes and their enforcement, local processing and permit procedures, availability of financing, and the cost of construction. It is assumed the ABAG’s Technical Assistance program will include some input on constraints that the region faces, such as construction costs. Mogavero Architects will also provide input on constraints typical of small cities.

One housing constraint is the City’s CEQA standards for transportation impacts. The City does not have an adopted VMT threshold, which creates inefficiencies during the CEQA process. In this task, Fehr & Peers will prepare a memorandum for the City’s review describing the options for VMT metrics, analysis methods, and significance criteria for the transportation impact evaluation. The memorandum will describe the guidance provided by the Office of Planning and Research (OPR) and the Contra Costa Transportation Authority (CCTA). As part of this work, Fehr & Peers will prepare maps of VMT metrics for the Antioch traffic analysis zones (TAZs) in the Contra Costa Countywide Travel Demand Model. These maps will be useful during the development of Housing Element sites inventory in Task 6 as they will demonstrate low, average, and high-VMT areas of the city. VMT metrics will include home based VMT per resident for residential uses, home based work VMT per employee for office uses, and VMT per service population for retail uses.

Where constraints exist, we will develop recommended programs to mitigate them, and where appropriate and legally permissible, remove the constraints in Task 7.

The analysis in this task will be a section of the Housing Element and reviewed by staff in Task 9.

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Task 5: EXISTING HOUSING ELEMENT
Urban Planning Partners will put the goals, policies, and implementing programs from the 2015-2023 Housing Element in a table. It is assumed that the City has a Word version of the 2015-2023 Housing Element’s Appendix B to use as a template. Urban Planning Partners will utilize information from the City’s 2020 Annual Progress Report (and previous annual reports as needed) to evaluate progress towards accomplishing or implementing the identified goals, policies, and programs from the 2015-2023 Housing Element. Urban Planning Partners will provide explanations and updates where goals, policies, or programs are in progress, have been abandoned, or have not proven effective.

TASK 5 DELIVERABLE:
 Housing Element Evaluation table (with potential placeholders for City staff input) (one round of review and revision)
Task 6: SITES INVENTORY
Like other Bay Area jurisdictions, the City will face a more challenging sites inventory this cycle due to a higher RHNA than previously and recent legislative changes to both the Housing Accountability Act and Housing Element law. Antioch’s draft RHNA of 3,016 units will be used to begin the sites inventory task until the final RHNA is announced in Winter 2021, allowing our team to begin work on the inventory as soon as possible. Per HCD’s recommendation, we will also implement a buffer to identify 15 to 30 percent more capacity than required. This “RHNA buffer” will help the City ensure that sufficient capacity exists in the Housing Element to accommodate the RHNA throughout the planning period, especially given No Net Loss Law which requires sufficient adequate sites to be available in the city at all times to meet a jurisdiction’s remaining unmet housing needs for each income category.

Urban Planning Partners will utilize ABAG’s Housing Element Site Selection (HESS) tool to identify an inventory of adequate sites that can be developed for housing within the planning period. The HESS tool is being reviewed by HCD and allows jurisdictions to better see the relationship between zoning, environmental constraints, public facilities, and services to sites, as well as the potential for a site to affirmatively further fair housing per AB 686. It is anticipated that most Antioch sites will be identified in the HESS tool’s yellow tier of sites (i.e., sites that could potentially be used to accommodate RHNA but require additional analysis or documentation). Urban Planning Partners will consider and save multiple scenarios in the HESS tool and consult with City staff at a working session to refine the options. Three admin draft scenarios will be presented to City staff and after incorporating City comments, three public draft scenarios will be presented to City officials and members of the public to inform the sites inventory and rezoning program (e.g., rezoning sites to allow residential development, rezoning sites for higher densities).

Fehr & Peers will also provide analysis support to the team as it considers housing sites, including VMT effects using travel demand model runs, transportation context supporting travel by multiple modes, land use context supporting shorter and/or non-auto trips for employment and shopping/entertainment purposes, transportation equity, and other metrics which may be developed collaboratively with City staff and the consultant team. Fehr & Peers will conduct a VMT assessment for up to 10 sites based on OPR guidelines. We expect that this analysis would be conducted using the CCTA model. For this A13
assessment, Fehr & Peers would increase the number of housing units in the respective TAZ by the new housing development potential on each Housing Element site; land uses that would then not be constructed on each respective site would be removed from the model. The following VMT estimates will be prepared for the baseline and cumulative scenarios, both without and with the Housing Element sites:
 Citywide – All VMT
 Citywide – home based VMT
 Each Housing Element site – home based VMT
It is assumed that ABAG’s Technical Assistance Program will provide market information that can be referenced to substantiate the potential for redevelopment on non-vacant sites. This information and permit data on projects completed in the prior planning period will be used to assess feasibility of redevelopment on non-vacant sites. Mogovero Architects will also provide input on market and constructability based on their experiences in the region.

Urban Planning Partners will ensure sites are properly documented on the HCD-required Site Inventory spreadsheet and a map. The inventory will also include zone(s) where emergency shelters are allowed by- right. Urban Planning Partners will also include an analysis of how the sites are identified throughout the community in a manner that affirmatively furthers fair housing opportunities as required by Government Code Section 65583(c) (10). The AFFH analysis will be guided by ABAG’s Technical Assistance Program and HCD’s forthcoming memorandum. It is anticipated that one of the meetings with City staff will be to discuss the AFFH approach after more guidance on this topic is released.

TASK 6 DELIVERABLES:
 Meeting materials for City staff working session
 Admin Draft sites inventory scenarios (3) (one round of review and revision)  Public Draft sites inventory scenarios (3)
 VMT estimates
Task 7: GOALS, POLICIES, PROGRAMS, AND QUANTIFIED OBJECTIVES Based on community feedback and the results of the analysis completed in Tasks 3-6, the Urban Planning Partners team will formulate draft goals and policies relative to the maintenance, preservation, improvement, and development of housing for the City’s review. Once there is consensus on the goals and policies, the Urban Planning Partners team will develop programs and quantified objectives. The goals, policies, programs, and quantified objectives will be directly tied to the housing needs, constraints, and key priorities identified in the update process and will be vetted in the community engagement process.

It is assumed that the objective development standards will be one housing program included in this section of the Housing Element. Others could include the following:
 Program for pre-approved Accessory Dwelling Unit (ADU) plans or other ADU streamlining measures
 Legalization of tiny homes on wheels
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 Code amendments or permitting process changes to facilitate cost-saving innovative construction methods like off-site construction or 3-D printing  Clustered upzonings to allow a greater variety of housing types  Financial support for low-income homebuyers
 Partnership with Kaiser Permanente to promote healthy housing and financial resources for the creation and perseveration of affordable housing
 Antioch-specific Density Bonus to provide greater incentives for needed housing types The programs developed in this task will be described in an eight-year schedule of actions that the City will undertake to implement the policies and achieve the goals and objectives of the Housing Element.

In addition, Urban Planning Partners and Fehr & Peers will provide a matrix identifying General Plan policies that are inconsistent with the Housing Element’s draft goals, policies, programs, and quantified objectives. Fehr & Peers will also review various local and regional transportation plans to identify if development on Housing Element sites could potentially result in a conflict with an adopted policy or plan. The matrix will include a column showing in redline what updates or revisions are needed to achieve consistency. Fehr & Peers will lead the revision from the Circulation Element goals, policies and
programs, with particular emphasis on reflecting the new General Plan guidelines, incorporating new policies related to vehicle-miles of travel, consistency with the City’s greenhouse gas reduction goals, and considerations about emerging transportation technologies. The policies will combine Antioch’s local transportation context with best practices and policies prepared for similar jurisdictions in the Bay Area and California.

The consistency matrix could also include columns assigning a responsible party, the mechanism for implementation, and/or a due date to help facilitate implementation for City staff.

TASK 7 DELIVERABLES:
 List of goals, policies, programs, and quantified objectives (1 round of review and revision)  Policy consistency matrix (1 round of review and revision) Task 8: REZONING
It is likely that some rezoning will be needed to accommodate a shortfall of sites, but the extent will be determined while developing the sites inventory. See the budget table for the level of effort assumed for this effort. This fee may or may not be sufficient depending on the number of sites that will need rezoning and if amendments are needed to the Zoning Code. If it is simply a matter of updating the zoning map to rezone sites with zoning districts that already exist, the effort will be minimal. However, if new or modified zoning districts are needed, the effort will be more robust. Once the sites inventory is close to final, we will revisit this task to refine our scope of work and fee.

TASK 8 DELIVERABLES:
 Rezoning Program Scope and Fee
 Zoning Code Amendments (rounds of review and other required deliverables will be outlined in the Rezoning Program Scope and Fee)
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Task 9: DRAFT HOUSING ELEMENT AND PUBLIC HEARINGS
Following HCD guidance, Urban Planning Partners will compile all the Housing Element pieces described above into the Administrative Draft Housing Element for City staff review and comment. Staff will provide a consolidated set of desired changes. Once edits are complete, Urban Planning Partners will provide a Public Draft Housing Element that is made available to the public and presented to both the Planning Commission and City Council at public hearings. Urban Planning Partners will prepare the staff reports and presentation materials needed for the public hearings.

Based on input received at the Commission and Council hearings, Urban Planning Partners will prepare a HCD review draft and transmit to HCD for the mandated review.

TASK 9 DELIVERABLES:
 Administrative draft Housing Element (Microsoft Word)  Public review draft Housing Element
 HCD Review Draft Housing Element
 Planning Commission and City Council staff reports (1 round of review and revision)  Planning Commission and City Council PowerPoint (1 round of review and revision)  Two public hearings
Task 10: FINAL DRAFT HEARINGS, FINAL ADOPTION AND CERTIFICATION Urban Planning Partners will work closely with HCD and jurisdiction staff to respond to any comments from HCD and produce a final draft Housing Element for adoption. This final draft will be presented to the Planning Commission and City Council at public hearings. Any last comments from the Commission and Council hearings will be addressed before submitting the Housing Element to HCD for final certification. Urban Planning Partners will also transmit the final Housing Element to the water/sewer district and the California Office of Planning and Research and will perform the required CEQA noticing.

TASK 10 DELIVERABLES:
 Draft Final Housing Element
 Final Housing Element
 Planning Commission and City Council staff reports (1 round of review and revision)  Planning Commission and City Council PowerPoint (1 round of review and revision)  Two public hearings
Task 11: CEQA DOCUMENTATION/VMT THRESHOLDS
Fehr & Peers will work with the City to develop VMT thresholds and policies under SB 743. Subsequently, Urban Planning Partners will prepare a programmatic EIR for consideration and adoption that analyzes the potential impacts associated with the Draft Housing Element. This effort will include subconsultants Fehr & Peers for the Transportation analysis and Baseline for Air Quality, Greenhouse Gas (GHG) Emissions, Geology, Hazards, Hydrology, and Noise analyses. We have provided an estimated cost range to prepare a programmatic EIR in Section 4 of this proposal; however, a more detailed scope of work, fee, and schedule will be prepared once the draft VMT thresholds are developed, and the scope of rezoning is known.

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Task 11A. VMT Thresholds/SB 743 Implementation

1. REVIEW OF RELEVANT LOCAL PLANS + KICK-OFF MEETING
Fehr & Peers will assemble and review the local plans, policies, and ordinances that may have an impact or be impacted by the implementation of SB 743 guidelines and the use of Vehicle Miles of Travel (VMT) in the assessment of land use and transportation decisions within the City. This task includes a review of the City’s General Plan, Transportation Impact Guidelines, relevant Specific Plans/Community Plans, Climate Action Plan, RTP/SCS, and other documents identified as germane to the effort and its potential recommendations.

Fehr & Peers will conduct a kick-off meeting with relevant and interested City staff to review the overall scope and direction of the work effort. Topics of discussion within the kick-off framework include the following, to the extent necessary for the audience:
 Overview of the scope for the study
 An overview of VMT and SB 743
 Project versus Cumulative impacts
 Project-generated VMT versus project's effect on VMT
 Relationship of VMT analysis to traditional Level of Service (LOS) analysis  VMT relationship to fuel consumption, emissions, safety, and active transportation  Concepts for thresholds of significance and mitigation of VMT impacts under CEQA  Actions local jurisdictions may need to consider when implementing the requirements of SB 743  Study work products and outcomes
As part of the kick-off meeting City staff’s initial positions and preferences in four key areas of question will be discussed:
 What methodology is preferred for estimating and forecasting VMT?  What are the appropriate VMT thresholds for land use projects?  Are VMT thresholds desired for transportation projects?  What VMT reduction strategies are considered feasible for mitigation purposes?  Model Review/Establish Baseline Vehicle Miles of Travel Fehr & Peers will conduct a review of the current versions of two existing travel demand models that cover the City of Antioch: the CCTA model and the MTC model. The basic model review will include the level of zonal detail, the land use inputs, the detail in the model roadway networks, the amount of trip length truncation that may exist in each model, and a comparison of the VMT results in the City of Antioch using the following metrics:
 Total VMT per service population
 Home-based VMT per resident
 Home-based-work VMT per worker
If the model review indicates there are errors or substantial limitations in the applicability of the models, we will discuss these with the City and give an estimate of level of effort required to make adjustments.

Based on our knowledge of the modeling tools, we believe that some form of the CCTA travel demand model will be the most appropriate tool to evaluate VMT within the City of Antioch. The MTC model’s A17
lack of granularity will likely eliminate them from use for this purpose. The documentation from this task will help form substantial evidence of the applicability of the selected tool should there be a future CEQA challenge.

Fehr & Peers will compare the model based VMT estimates with observed data from the latest version of the California Household Travel Survey (CHTS) for reasonableness checking. Fehr & Peers has already processed the CHTS data to produce household generated VMT estimates for all cities and counties in California where sufficient sample sizes are available.

As part of the baseline data effort, they will generate a map of the Transit Priority Areas (TPAs) within Antioch. MTC has generated a TPA map for the entire Bay Area; however, in some instances Fehr & Peers have found the MTC map reflects out-of-date information about transit routes and frequencies, so they recommend generating a map specifically for Antioch where the accuracy of the information can be controlled.

2. DEVELOP VMT METHODOLOGIES AND THRESHOLDS

IDENTIFY, REVIEW & RECOMMEND POTENTIAL VMT CALCULATION METHODOLOGIES Based on the information assembled in section 2 above, Fehr & Peers will recommend a specific methodology that should be applied to estimate and forecast VMT. Since VMT is a function of the number of trips associated with a project and the distance those trips travel, the methodology will reflect recommendations on how to identify and estimate both of those parameters. In addition, the OPR Technical Advisory recommends analyzing the short-term and long-term effects of a project on VMT.

Fehr & Peers will identify a minimum of three potential VMT calculation methodologies for use by the City of Antioch. These methodologies will consider projects of varying size and scale. They will evaluate up to three projects using the VMT calculation methodologies to verify they are appropriate for use in Antioch and will recommend the implementation of one or more VMT calculation methodologies.

Documenting the VMT calculation approaches is also critical to this process so that future analysts will understand how to calculate and report VMT.

REVIEW POTENTIAL VMT THRESHOLDS
With input from the City, Fehr & Peers will review and analyze different VMT metrics (i.e., per capita, per employee, total VMT, home-based only, etc.) to determine the most appropriate metric to apply when establishing VMT thresholds within Antioch. They will also consider the amount of VMT mitigation that is determined to be achievable when recommending appropriate thresholds.

An important element of this task will be to determine what VMT baseline to use in defining a threshold of significance. Common options are citywide average, countywide average, or regional average (meaning the nine-county Bay Area region). Fehr & Peers will generate VMT baselines for all those geographic areas and work with City staff to determine which baseline is most appropriate for Antioch and can be supported by substantial evidence. Fehr & Peers will utilize the identified methodology to map “low VMT areas” (where VMT generated by land use in these areas is less than VMT generated by similar land uses in other areas of the City). Maps comparing VMT areas to the countywide average and A18
citywide average will be assembled to understand the potential effects of each decision relative to threshold setting. Fehr & Peers will discuss the potential for these maps to be used and streamline the process related to SB 743 assessment.

Note that the thresholds described here would apply to land use projects of varying types. Consideration will also be given to whether those same VMT thresholds could apply to land use plans (such as a General Plan or Specific Plan). In addition, they will work with the City on defining an approach to determine CEQA impacts of transportation projects. In many cases, this will involve defining the types of transportation projects that can be presumed to not cause a transportation impact. For projects where that cannot be presumed, the City will need to define an analysis methodology and significance threshold; the change in VMT associated with the project must be reported, but other metrics (such as vehicle delay or LOS) can also be used to define the project’s impacts.

DEVELOP, EVALUATE & RECOMMEND THRESHOLD ALTERNATIVES
Fehr & Peers will identify up to three potential thresholds that could be used for land use projects of varying sizes, types of uses, and other considerations. One likely threshold will be a set of screening criteria that could limit the need for detailed analysis on smaller scale projects; these criteria typically address characteristics such as project size and composition, and location in a Transit Priority Area or other low-VMT-generating area. They will test the alternative thresholds to see how they would apply to typical projects in Antioch and make a recommendation on potential thresholds that could be used in the City.

FACILITATE LEGAL REVIEW
Fehr & Peers will coordinate with the City Attorney’s office as they review the recommended methodologies and procedures. It is recommended that this review be conducted by an attorney who is familiar with CEQA matters, particularly as it relates to transportation impact analysis.

4. DEVELOPMENT OF VMT MITIGATION MEASURES
Fehr & Peers will review available data on strategies to reduce VMT, with a focus on those most applicable in settings like Antioch and will document a minimum of seven strategies. They will prioritize potential VMT reduction strategies, focusing on those that are applicable to common projects in Antioch and identifying the estimated level of VMT reduction that could be achieved in three different land use contexts within the City. Fehr & Peers will identify methodologies and approaches to quantify VMT reductions and will discuss needs for ongoing monitoring to ensure the mitigation measures continue to produce the expected VMT reductions.

Mitigating VMT impacts involves modifying the project so that it generates fewer total trips and/or reduces the length of the trips it generates. Methods by which these outcomes can be achieved include applying transportation demand management (TDM) strategies, adjusting parking requirements, modifying the type or intensity of uses included in the project definition, increasing the project’s access to transit and active transportation modes. Fehr & Peers will summarize the VMT-reducing effects of a range of mitigation measures agreed upon with the City, based upon state-of-the-practice research on A19
TDM effectiveness conducted for CAPCOA. They will incorporate recommendations from the CCTA on mitigation approaches and reflect CCTA guidelines to the extent applicable.

5. PREPARATION OF TRANSPORTATION IMPACT ANALYSIS GUIDELINES Fehr & Peers will prepare transportation impact analysis guidelines that document not only the VMT analysis procedures described above (i.e., baseline VMT data, tools, methodologies, and thresholds) but also other transportation-related analyses the City will require for development and infrastructure projects. The guidelines will consider the CEQA Guidelines and the OPR Technical Advisory plus additional suggested practices based on expectations established by case law and typical practice in Antioch. Fehr & Peers will consider relevant general plan policies, such as Level of Service policies, as well as other local and regional plans in the development of transportation impact study guidelines.

They will initiate this task with a brainstorming session with City staff to determine the transportation- related information that is integral to the project review and decision-making process, such as level of service assessments, multimodal analysis, detailed site plan review, consistency with adopted plans, and safety assessments. The TIA Guidelines will consider the size and context of projects, to be identified in consultation with City staff. The guidelines will also indicate which analyses are required for CEQA, versus which analyses are required to provide City staff and decision-makers sufficient information related to the transportation effects of projects such that appropriate conditions of approval can be tied to the project.

The Guidelines will also include a Site Design Checklist, reflecting recommended practices in incorporating multimodal design elements into projects. Some of these design elements will have a VMT-reduction focus and will be drawn from the VMT Mitigation Strategies described above. Other elements will have a focus on improving safety for users of multiple modes.

TASK 11A DELIVERABLES:
 Draft VMT Analysis Guidelines, Methodologies and Thresholds + Draft Transportation Impact Study Guidelines
 Final VMT Analysis Guidelines, Methodologies and Thresholds + Final Transportation Impact Study Guidelines
At this time, Fehr & Peers have not included the development of an on-line VMT calculation tool or a public outreach participation process. These items can be included if the City desires.

TASK 11B. ENVIRONMENTAL IMPACT REPORT

1. EIR INITIATION
The following initiation tasks include drafting the project description. attending the EIR scoping meeting, and reviewing comments received on the EIR scope.

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Project Description
Crafting an appropriately detailed and illustrated project description is often one of the more challenging elements of an EIR. Urban Planning Partners will prepare a project description that identifies “the bookends” of the range of development that could occur with the Draft Housing Element sites. The project description will include a discussion of key characteristics of the sites and their vicinity, project objectives, details of the Draft Housing Element as relevant to CEQA, the required approvals, anticipated buildout, and approval for subsequent projects.

A draft of the project description will be submitted to the City for review and acceptance prior to the Urban Planning Partners team conducting any quantitative impact analyses. Up to two drafts will be prepared in response to comments received.

Notice of Preparation
Urban Planning Partners will prepare a Notice of Preparation (NOP) that will include a brief project description and a determination that an EIR is the appropriate CEQA documentation. Up to two drafts will be prepared in response to City comments. An electronic file of the NOP will be provided to the City for posting on the City’s website and for distribution. Urban Planning Partners will submit the NOP to the State Clearinghouse and County Clerk.

As part of this task, Urban Planning Partners will also work with City staff to initiate tribal consultations that apply under Senate Bill 18 and Assembly Bill 52. We will develop a notice with a map and project description for the City to distribute to applicable tribes.

Scoping Meeting
Urban Planning Partners will prepare for, attend, and present at one public scoping session before the Planning Commission. After the meeting, Urban Planning Partners will summarize and review all public comments and identify any changes required in the work program. We will ensure that each substantive comment received, including written and verbal, related to the scope of the EIR is addressed in the EIR.

Review of NOP Comments/ Work Program Refinement
It may be necessary to refine the scope of work in accordance with information compiled in the above subtasks and based on the preliminary findings. Following completion of the public comment period and receipt and review of all of the comments on the NOP, Urban Planning Partners will work with planning staff to refine the scope of work, if necessary, to address any new environmental issues identified in the NOP comments. Urban Planning Partners will present the revised scope of work and budget for review and approval to the City and will provide the revised budget to the development team.

2. DRAFT EIR
As part of this task, the Urban Planning Partners team will prepare the analysis necessary to support an EIR for each environmental topic relevant to the project in accordance with the City’s thresholds. The following topics will be analyzed as potentially significant impacts: land use and planning, aesthetic A21
resources, cultural resources, transportation, air quality and greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, biological resources, geology and soils, noise, population and housing, public services, and utilities. All other topics are anticipated to be addressed as effects found to be less than significant (see below). An alternatives analysis will also be completed as part of the Draft EIR.

Effects Found to be Less Than Significant
Urban Planning Partners anticipates that the Housing Element impact relative to a number of environmental topics will not be significant including: agriculture and forestry resources, mineral resources, recreation, tribal cultural resources, and wildfire.

We will provide a brief discussion of each of these topics and document why the project’s impact will not be significant. We anticipate the level of analysis and discussion for these topics will be similar to what is typically be included in an Initial Study.

Plans and Policies
Urban Planning Partners will evaluate the Draft Housing Element goals, policies, and programs for consistency with applicable planning policy documents and will identify potential conflicts. We will utilize relevant information from the City of Antioch’s General Plan EIR and staff reports.

Policy conflicts are not, in and of themselves, considered to have a significant effect on the environment, and are therefore differentiated from the physical environmental impacts that will be identified in the setting, impacts, and mitigation measures chapter of the EIR. The physical impacts associated with such policy conflicts will be addressed in the appropriate technical sections of the EIR (e.g., air quality, noise).

The analysis will include a summary of each relevant plan and policy as it relates to the proposed project.

Policies that are applicable to the environmental topics evaluated in the EIR will be cross-referenced as part of the main EIR document.

Setting, Impacts, and Mitigation Measures
The work conducted as part of this task will be incorporated into the administrative Draft EIR and will constitute the major portion of the Draft EIR. The impact analysis for each environmental topic will provide an analysis of impacts that could result from implementation of the Draft Housing Element based on the level of detail available. Construction, operation, and cumulative impacts will be evaluated for each topic using the significance criteria agreed upon with the City.

Each environmental topic section will include: (1) a description of the existing setting including regulatory setting and applicable standard conditions of approval (if any); (2) draft goals, policies, and programs from the Draft Housing Element relevant to the subject section (e.g., transportation, air quality); (3) significance criteria based on the thresholds established by the City or based on additional information available from State and regional agencies and other recent City EIRs; (4) evaluation of impacts that could result from implementation of Draft Housing Element; and (5) mitigation measures necessary to reduce potentially significant impacts. This scope does not include the preparation of separate technical A22
reports; all information and findings will be detailed in the EIR and as appropriate technical data in appendices to the EIR.

CEQA Required Assessment Conclusions
Urban Planning Partners will prepare the appropriate conclusions to fulfill CEQA requirements by providing an assessment of several mandatory impact categories, including:
 Significant unavoidable environmental impacts;
 Significant irreversible environmental changes; and
 Relationship between local short-term uses of the environment and long-term productivity.

Urban Planning Partners will recommend which topics will be less than significant and will provide a brief discussion of each of these topics and document why the project’s impact will not be significant. We anticipate the level of analysis and discussion for these topics will be similar to what would typically be included in an Initial Study.

Alternatives Analysis
The Urban Planning Partners team will identify and evaluate up to three alternatives to the project, one of which will be the CEQA-required No Project Alternative. The alternatives will be developed in consultation with City staff. The alternatives will be based in part on the significant impacts of the project that are identified during the technical analysis phase of the Draft EIR process.

According to the CEQA Guidelines, alternatives can be evaluated in less detail than the project, and therefore we would propose that the alternatives analysis in the EIR be undertaken at a qualitative level.

The discussion will be of sufficient detail to evaluate the benefits and drawbacks of each alternative and to provide some qualitative conclusions regarding the alternatives. Based on this analysis, the Environmentally Superior Alternative will be identified (as required by CEQA).

Administrative Draft EIR
The information developed in the above tasks will be organized into an administrative Draft EIR. The EIR is expected to include the following components:
 Introduction
 Summary
 Project Description
 Setting, Impacts, and Mitigation Measures
 Effects Found not to be Significant or Less than Significant  Alternatives Analysis
 CEQA-Required Assessments and Conclusions
 Report Preparation and References
 Technical Appendices (as needed)
Urban Planning Partners will review recent environmental documents (complete and/or in process) to make certain that approaches, assumptions, methodologies, and impact conclusions for the project are A23
consistent with other environmental documents. Where appropriate, Urban Planning Partners will coordinate and discuss such with subconsultants working on the project.

Urban Planning Partners will prepare one (1) electronic copy of the administrative Draft EIR and submit to the City for review and comment. We will accommodate on-going dialogue with the City between completion of the administrative Draft EIR and the screencheck Draft EIR.

Screencheck Draft EIR
Upon receipt of the City comments on the administrative draft, Urban Planning Partners will prepare a screencheck draft. A redline version of the draft will be provided, showing the explicit changes made.

Urban Planning Partners will provide one (1) electronic copy of the screencheck draft for review and comment.

Public Draft EIR
Urban Planning Partners will make any necessary revisions to the screencheck draft and prepare the Draft EIR for publication. We will provide one (1) electronic copy to the City for distribution. Urban Planning Partners will also prepare and submit the Notice of Availability and Notice of Completion and assist the City with noticing and distribution.

Urban Planning Partners will maintain all materials referenced in the environmental document and promptly provide such materials to the City upon request. Draft EIR Hearings Urban Planning Partners will attend up to two (2) public hearings on the Draft EIR; the purpose of the hearing is to provide the Planning Commission and the public an opportunity to comment on the Draft EIR. Urban Planning Partners will prepare a presentation on the findings of the Draft EIR and will be available to answer questions.

Administrative Record
Urban Planning Partners will compile and organize the EIR portion of the Administrative Record. The record will include all referenced technical reports and would be transmitted to the City in a format consistent with the City’s standard for Administrative Records. The record will be kept current and would be provided to the City at key milestones.

3. FINAL EIR/RESPONSE TO COMMENTS DOCUMENT
Administrative Draft RTC
Urban Planning Partners will prepare the Response to Comments (RTC) document on the project following the public review period.

Immediately following the completion of the 45-day public review period, Urban Planning Partners will meet with City staff to discuss any comments received during the public review period and the approach to take in responding to the comments. Urban Planning Partners will incorporate public and/or agency A24
comments received on the Draft EIR and the responses to these comments (as appropriate) into one final document for publication and distribution. One (1) electronic copy will be provided to the City for review and comment.

Our cost estimate includes the level of professional effort assumed for this task. Should an unexpectedly large volume of comments be submitted, an adjustment in the budget to cover work beyond the assumed level would be needed.

Screencheck Draft RTC Document
Upon receipt of the City comments on the final administrative draft, Urban Planning Partners will consolidate and reconcile comments and prepare a screencheck draft. A redline version of the draft will be provided, showing the explicit changes made. Urban Planning Partners will provide one (1) electronic copy of the screencheck draft for review and comment.

Final RTC Document
Urban Planning Partners will make any necessary revisions to the screencheck draft and prepare the Final RTC document for publication. We will provide one (1) electronic copy, including all appendices to the City for distribution.

Final EIR Certification hearings
Urban Planning Partners will attend up to two (2) public hearings for certification of the EIR, will prepare a presentation on the Final EIR, and be available to respond to questions, as necessary.

Mitigation Monitoring and Reporting Program and Findings Urban Planning Partners will prepare a Mitigation Monitoring and Reporting Program (MMRP) for this project and will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency. The MMRP will be submitted to City staff for review with the administrative Draft Final EIR and revised based upon City comments. Urban Planning Partners will prepare the CEQA findings, and if necessary, a Statement of Overriding Considerations.

TASK 11 DELIVERABLES:
 Draft Project Description
 Notice of Preparation
 Scoping Meeting Presentation
 Administrative Draft EIR
 Screencheck Draft EIR
 Public Review Draft EIR
 Administrative Draft RTC Document
 Screencheck Draft RTC Document
 Final EIR/RTC Document
 Administrative Record
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Task 12: OBJECTIVE DESIGN STANDARDS
Developing successful Objective Design standards for the City of Antioch is an opportunity beyond just meeting State requirements. It’s a chance to provide sustainable standards that effectively streamline quality development throughout the city. In order to complete Objective Design Standards for Antioch, Mogavero Architects, in partnership with Urban Planning Partners, will complete the following tasks:
 Case Study Review. Review objective standards promulgated by other communities from an applicant perspective.
 Best Practices Audit. Provide a list of the most applicable standards to use for the City of Antioch. Urban Planning Partners and Mogavero Architects will review best practices identified with City staff and finalize a list of desired standards.  Draft Standards. Mogavero Architects and Urban Planning Partners will work in tandem to develop draft Objective Design Standards. It is assumed that implementation of the standards will be simple, which 2-3 subsets by neighborhood or zoning. The exact implementation approach will be discussed at the kick-off meeting.
 Final Objective Design Standards. Urban Planning Partners will incorporate final objective design standards into final Housing Element presentation to council.

TASK 12 DELIVERABLES:
 Best Practices List
 Draft objective standards (one round of review and revision)  Final objective standards
Task 13: OPTIONAL: SAFETY ELEMENT AND ENVIRONMENTAL JUSTICE ELEMENT UPDATES Updates to the Housing Element trigger updates to the Safety Element, and updates of two or more General Plan Elements trigger the need to infuse environmental justice policies into the General Plan in cities and counties with disadvantaged communities per SB 1000. This can be done through a separate Environmental Justice Element or by integrating related goals, policies, and objectives throughout the other elements. We understand that portions of northwest Antioch do include disadvantaged communities as defined in SB 1000 and mapped by the Bay Area Air Quality Management District. For an additional fee, Urban Planning Partners can take on these element updates. This item would be discussed at our kick-off meeting and could be included in our revised scope and fee if the City desires this additional work.

TASK 13 DELIVERABLE:
 Scope of work, schedule, and fee for Safety Element and/or Environmental Justice updates A26

Exhibit 2
Contract Amendment No. 1
Scope of Services

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June 16, 2021

Forrest Ebbs, Director of Community Development
City of Antioch
200 H Street
Antioch, CA 94531
RE: C ITY OF ANTIOCH ENVIRONMENTAL HAZARDS ELEMENT UPDATE AND ENVIRONMENTAL JUSTICE

ELEMENT
Dear Mr. Ebbs,
Urban Planning Partners is pleased to submit this proposal to provide consultant services to the City of Antioch for completion of the City’s Safety Element (which will involve updating the existing Environmental Hazards Element) and completing the Environmental Justice Element. Below we’ve outlined our project understanding, brief scope of work, and the associated fee for services.

PROJECT TEAM
Urban Planning Partners (UPP) work will be managed by Curtis Banks, AICP, Project Director and Carla Violet, Senior Planner, with oversight from Diana Elrod, Project Advisor. If needed, other planning staff will be available to provide support in research, writing, and analysis.

We understand that this work will happen concurrently with the ongoing Housing Element update and take significant coordination given its complexity. This proposal confirms the availability of key staff listed above to conduct the work necessary to complete the Environmental Hazards Element update and Environmental Justice Element in a timely and efficient manner. The level of participation by each key staff member is detailed in the budget/timetable attached.

PROJECT UNDERSTANDING
The project includes the scope of work proposed in Optional Task 13 of the City of Antioch Housing Element Proposal for Services. The Environmental Hazards Element update needs to be revised concurrent to the 6th Cycle Housing Element. Consistent with Government Code Section 65302(g), the element must address the following topics: seismic hazards; tsunami, seiche, and dam failure; slope instability; subsidence; liquefaction; flooding, wildland and urban fires; and climate change.

Under SB 1000, jurisdictions that update two or more General Plan elements simultaneously are required to adopt an Environmental Justice Element in their General Plan or integrate environmental justice polices and goals into the elements. The Environmental Justice Element or integrated policies must reduce unique or compounded health risks in disadvantaged communities.

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The update to the Housing and Environmental Hazards elements triggers this requirement for the City of Antioch. Our understanding is that the City would prefer to adopt a separate Environmental Justice Element.

SCOPE OF WORK

ENVIRONMENTAL HAZARDS ELEMENT
PHASE 1 PROJECT INITIATION AND ANALYSIS
Urban Planning Partners will coordinate with City of Antioch departments including Police, Public Works, and the Building Division as well as the Contra Costa County Fire Protection District to update the General Plan Environmental Hazards Element. Based on discussions with staff, we can identify any other applicable outside agencies that should be involved. This will involve coordination with efforts to identify housing sites, as well as ensuring consistency with existing and new State laws concurrent with the Housing Element update.

TASK 1A Data Gathering
Urban Planning Partners will use available documents including State, regional, and local resources to determine areas of necessary review. These documents include, but are not limited, to the following:
 OPR General Plan Guidelines
 Contra Costa County Local Hazard Mitigation Plan (2018)  City of Antioch Climate Action and Resilience Plan (2020)  City of Antioch Environmental Hazards Element (2003)
TASK 1B Draft Goals and Policies
Urban Planning Partners will present draft goal, objective, policy and implementation measure amendment language that is detailed enough for the public to fully understand.

TASK 1C Public Outreach
Public outreach for the Environmental Hazards Element update will be outlined as part of the outreach strategy memo (Housing Element Proposal for Services, Task 2A). Urban Planning Partners will build on previous outreach for the Climate Action and Resilience Plan and engagement efforts for the Housing Element. We will supplement previous outreach with the following activities:

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 One (1) Planning Commission or City Council Study Session (can be part of the Housing Element Planning Commission study session or separate) including staff report and meeting presentation preparation.
 Environmental Hazards Element update content for one (1) of the virtual community meetings for the Housing Element update.
 Tabling at one (1) community event such as the Rivertown Art & Wine Walk to increase awareness for the Environmental Hazards Element and Housing Element updates and collect community input.

PHASE 2 ADMINISTRATIVE AND DRAFT DOCUMENTS
The second phase of this process will include preparation and review of the administrative and final draft versions of the Environmental Hazards Element update. It is assumed that the EIR prepared in association with the Housing Element will also analyze the Environmental Hazards Element update.

Review of the environmental document is included in the Housing Element scope of work.

Urban Planning Partners will prepare an administrative draft Environmental Hazards Element update for review and approval. After one round of staff review and comments, we will provide a public review draft.

The Environmental Hazards Element update will be drafted for consistency with State law requirements and to reflect the General Plan land use and other policy changes within the Housing Element for internal consistency. Where possible, the Environmental Hazards Element update will reference existing documents, provide the necessary information, and build on the work the City has done to analyze and address safety issues.

PHASE 3 ADOPTION AND FINAL DOCUMENTS
Phase 3 includes the final hearings by the Planning Commission and City Council required for adoption of the Final Environmental Hazards Element update, and production of the final document. This scope of work assumes that Urban Planning Partners will prepare the staff report and presentation materials needed for public hearings and staff will conduct the presentation.

ENVIRONMENTAL JUSTICE ELEMENT
PHASE 1 PROJECT INITIATION AND ANALYSIS
Urban Planning Partners will coordinate with City of Antioch staff including Fire, Police, Building, Code Enforcement, Environmental Resources, the Economic Development Department, and the Recreation Department. Based on discussions with staff, we can identify any other applicable A30
outside agencies that should be involved. This will involve ensuring consistency with existing and new State laws, as well as the following:
 Identifying disadvantaged communities
 Identifying key stakeholders for any disadvantaged communities  Identifying resources and level of analysis needed to meet SB 1000 requirements  Reviewing relevant, existing policies and programs
TASK 1A Data Gathering and Existing Conditions Presentation Urban Planning Partners will utilize available resources to identify any disadvantaged communities with Antioch, including CalEnviroScreen and review of median incomes by census tract. A Disadvantaged Community is specifically defined as an area identified by the California Environmental Protection Agency Pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionality affected by environmental pollution and other health hazards that can lead to negative health effects, exposure, or environmental degradation. (Gov Code 65302, subd (h)(4)(A).

Urban Planning Partners will use available documents including State, regional, and local resources to identify “unique or compounded health risks” in disadvantaged communities and review existing policies and programs that relate to these health outcomes. To comply with SB 1000, the City of Antioch must analyze and seek to:
 Reduce pollution exposure;
 Promote public facilities;
 Promote food access;
 Promote safe and sanitary homes;
 Promote physical activity;
 Reduce unique or compounded health risks;
 Promote civic engagement; and
 Prioritize the needs of disadvantaged communities.

To understand existing conditions, Urban Planning Partners will review and collect data relevant to these health outcomes. Resources include, but are not limited to, the following:
 BAAQMD SB1000 Interactive Map;
 CalEnviroScreen;
 OPR’s General Plan Guidelines;
 OPR’s Defining Vulnerable Communities in the Context of Climate Adaptation;  City of Antioch General Plan;
 City of Antioch Climate Action and Resilience Plan;
 California Health Disadvantage Database;
 CARB’s Low-Income Database; and
 Contra Costa County Health Services.

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Urban Planning Partners will also work with staff to identify other local organizations and agencies that may have existing data relevant to the health outcomes discussed above. Based on the data and public outreach collected, we will prepare an existing conditions PowerPoint presentation.

TASK 1B Draft Goals and Policies
Urban Planning Partners will present draft goal, objective, policy and implementation measure amendment language that is detailed enough for the public to fully understand.

TASK 1C Public Outreach
Public outreach for the Environmental Justice Element will be outlined as part of the outreach strategy memo (Housing Element Proposal for Services, Task 2A). Urban Planning Partners will build on previous outreach for the Climate Action and Resilience Plan and engagement efforts for the Housing Element. We will conduct outreach in areas identified as disadvantaged communities and supplement previous outreach with the following activities:
 One (1) Planning Commission or City Council Study Session (can be part of the Housing Element Planning Commission study session or separate) including staff report and meeting presentation preparation.
 Tabling at two (2) events such as outside of Cielo Market or a popular community park (e.g., Worth Shaw Community Park or Contra Loma Regional Park) to increase awareness for the Environmental Justice Element and collect community input.  Two (2) focused stakeholder interviews with local health services organizations.  Environmental Justice Element content for one (1) of the virtual community meetings for the Housing Element update.
 One (1) Spanish-language virtual community meeting focused on the Environmental Justice Element and hosted by InterEthnica.

PHASE 2 ADMINISTRATIVE AND DRAFT DOCUMENTS
The second phase of this process will include preparation and review of the administrative and final draft versions of the Environmental Justice Element. It is assumed that the EIR prepared in association with the Housing Element will also analyze the Environmental Justice Element. Review of the environmental document is included in the Housing Element scope of work.

Urban Planning Partners will prepare an administrative draft Environmental Justice Element for review and approval. After one round of staff review and comments, we will provide a public review draft.

The Environmental Justice Element will be drafted for consistency with State law requirements and to reflect the General Plan land use and other policy changes within the Housing Element for internal consistency. Where possible, the Environmental Justice Element will reference existing A32
documents, provide the necessary information, and build on the work the City has done to analyze and address health equity issues.

PHASE 3 ADOPTION AND FINAL DOCUMENTS
Phase 3 includes the final hearings by the Planning Commission and City Council required for adoption of the Final Environmental Justice Element, and production of the final document. This scope of work assumes that Urban Planning Partners will prepare the staff report and presentation materials needed for public hearings and staff will conduct the presentation.

SCHEDULE
We are available to begin work immediately and will work with the City on a mutually-agreed-upon schedule. Analysis and public outreach would be completed in tandem with the Housing Element wherever possible. Completion of the Housing Element’s draft sites inventory will be needed to complete analysis in the Environmental Hazards Element related to residential development.

BUDGET ESTIMATE
Our estimated fee for the Environmental Hazards Element update is $42,720 as shown in the attached Table 1. Our estimated fee for the Environmental Justice Element is $64,720 as shown in the attached Table 2.

Both fees represent our initial estimate based on the requirements discussed with the City. We are happy to work with the City to adjust the scope and budget as needed to best meet the City’s needs.

We look forward to assisting you on this project. If you have any questions regarding this proposal, please call us at (510) 251-8210.

Sincerely,
URBAN PLANNING PARTNERS, INC.

Curtis Banks Carla Violet

PROJECT DIRECTOR P ROJECT MANAGER

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Table 1
Estimated Fee for Environmental Hazards Element Update
Curtis Banks
Project Director
Carla Violet
Project Manager
Planner/ Support
Dian
a Elrod
Project Advisor
Hourly Rate: $225 $195 $110 $160
Phase 1. Project Initiation and Analysis
A Data Gathering 4 8 10 2 3, 880$ B Draft Goals and Policies 6 20 24 4 8,530$ C Public Outreach 6 26 32 - 9, 940$ hours 16 54 66 6
$ 3,600 10,530 7,260 960 22,350$

Phase 2. Administrative and Draft Documents
A 6 24 30 6 10,290$ hours 6 24 30 6
$ 1,350 4,680 3,300 960 10,290$
Phase 3 Adoption and Final Documents
A 4 6 16 2 4, 150$ B Final City Council Hearing and Materials 4 6 4 2 2,830$ C Final Document Production 2 6 8 - 2,500$ hours 10 18 28 4
$ 2,250 3,510 3,080 640 9,480$

TOTAL LABOR ESTIMATE
hours 32 96 124 16 -
$ 7,200 18,720 13,640 2,560 42,120$

DIRECT COSTS

1. Printing and Misc. Direct Costs (assumes the bulk of documents will be digital) 600$ 600$

TOTAL ESTIMATED FEE
TOTAL ESTIMATED FEE 42,720$
This budget assumes all public hearings are virtual.

PHASE 1 SUBTOTAL
PHASE 2 SUBTOTAL
Final Planning Commission Hearing and Materials

TOTAL MISCELLANEOUS COSTS
UP Partners Total
Urban Planning Partners
PHASE 3 SUBTOTAL
Administrative Draft and Final Draft Environmental
Hazards Element Update
https://urbanplanningpartners.sharepoint.com/sites/FS/Shared Documents/Marketing/00 - Proposals - SOQs/2021/21-528 ATSE/Proposal/ATSE_Budget.xlsx A34
Table 2
Estimated Fee for Environmental Justice Element
Curtis Banks
Project Director
Carla Violet
Project Manager
Planner/ Support
Di
ana Elrod
Project Advisor
Hourly Rate: $225 $195 $110 $160
Phase 1. Project Initiation and Analysis
A Data Gathering and Existing Conditions Presentation 8 20 3 0 4 9 ,640$ B Draft Goals and Policies 10 24 30 8 11,510$ C Public Outreach 22 50 6 4 - 2 1,740$ hours 40 94 124 12
$ 9,000 18,330 13,640 1,920 42,890$

Phase 2. Administrative and Draft Documents
A 6 24 30 6 10,290$ hours 6 24 30 6
$ 1,350 4,680 3,300 960 10,290$
Phase 3 Adoption and Final Documents
A 4 6 6 2 3 ,050$ B Final City Council Hearing and Materials 4 6 4 2 2,830$ C Final Document Production 2 6 4 - 2,060$ hours 10 18 14 4
$ 2,250 3,510 1,540 640 7,940$

TOTAL LABOR ESTIMATE
hours 56 136 168 22 -
$ 12,600 26,520 18,480 3,520 61,120$

DIRECT COSTS

1. Printing and Misc. Direct Costs (assumes the bulk of documents will be digital) 600$

2. InterEthnica Community Engagement (host a spanish-language community meeting) 3,000$ 3,600$

TOTAL ESTIMATED FEE
TOTAL ESTIMATED FEE 64,720$
This budget assumes all public hearings are virtual.

TOTAL MISCELLANEOUS COSTS
UP Partners Total
Urban Planning Partners
PHASE 3 SUBTOTAL
Administrative Draft and Final Draft Environmental
Justice Element
PHASE 1 SUBTOTAL
PHASE 2 SUBTOTAL
Final Planning Commission Hearing and Materials
https://urbanplanningpartners.sharepoint.com/sites/FS/Shared Documents/Marketing/00 - Proposals - SOQs/2021/21-528 ATSE/Proposal/ATEJ_Budget.xlsx A35

Exhibit 3
Contract Amendment No. 2
Scope of Services

A36

April 11, 2022
Anne Hersch
City of Antioch
PO Box 5007
Antioch, CA 94531

Sent via email: [email protected]
Re: Antioch Housing and Environmental Hazards Element and EJ Update - Contract Modification #2

Dear Anne,

This letter is to request an increase in our current NTE amount by an additional $157,300. The scope of work and estimated fee to prepare the Draft Environmental Impact Report (EIR) is the primary driver for this contract modification request. There are also adjustments requested based on the level of effort expended to date and a misunderstanding around the contingency fee included in the original estimated fee. These are all descr ibed below.

As you know, our contract is a time-and-materials contract with a NTE amount without prior authorization. We will continue to only invoice the City for time spent on the project. Our current NTE authorization is $660,205, consisting of an NTE of $552,765 for Housing Element, $42,720 for the Environmental Hazards Element, and $64,720 for the Environmental Justice (EJ) policies. The Environmental Hazards and EJ components of the project were authorized by Amendment No. 1 of the contact, dated July 21, 2021.

As we’ve worked on the Housing Element Update, there have been several factors that affect our NTE amount and the need for this request:

1. Sites Inventory Assumptions. Urban Planning Partners had assumed use of ABAG’s Housing Element Site Selection (HESS) tool for the sites inventory analysis and presumed this tool would automate much of the work behind the sites inventory analysis. When it became clear that the data in the HESS tool was not accurate, we pivoted to using GIS for the sites inventory. Data discrepancies and data management needs far exceeded our anticipated level of effort as we had to navigate conflicting data related to parcel sizes, APNs, General Plan Land Use Designations, and existing land use. Urban Planning Partners acknowledges some of the difficulties during this time were related to our staff changes and inefficiencies and is not seeking an amendment for related costs. However, substantial time was spent discovering and correcting errors in the data that was provided to us and managing a A37
Anne Hersch
April 11, 2022

much larger data set than we had anticipated across GIS and Excel (instead of the consolidated HESS tool).

2. AFFH and HCD Expectations. Since scoping this work in March 2021, HCD released an 89-page guidance document for Housing Elements and AFFH requirements. In addition, lessons from SCAG and other COGs ahead of the Bay Area have revealed HCD’s high expectations around AFFH requirements.

Given the project’s timeline, Urban Planning Partners has had to perform an assessment of fair housing in absence of deliverables or a clear schedule of anticipated deliverables from the Contra Costa County Collaborative. The assessment has included analyzing geospatial data from HCD’s AFFH Data Viewer and mapping our sites inventory on top of demographic data.

3. CEQA Scope. When scoping the project in March 2021, we had used a placeholder range for the cost of an EIR given uncertainties around the project description. The authorized scope of work stipulated that the level of effort for CEQA would be revisited once the site inventory and rezonings were better defined. Now that we know we have over 180 sites, the level of effort has increased from what we had previously predicted. The total EIR cost was estimated at $257,950 in the original contract. The budget for the updated EIR scope found in Attachment A is $334,181, which makes for an unmet need of $76,231. This is the amount requested in this contract modification, as shown below. The EIR budget table found in Attachment A shows our estimated labor by personnel, including subconsultants to complete the technical sections. The estimate is greater than originally estimated due to several factors, including the magnitude of the sites inventory, the personnel needed to meet expedited deadlines, and a higher level of effort required from subconsultants than anticipated. We also request including a 10 percent contingency fee for the EIR ($33,418) to help with things like a higher volume of response to comments during FEIR preparation or strategy meetings that may be needed. The EIR contingency fee would not be used without prior authorization.

4. Standing Meetings and Contingency Fee. Our original budget proposal included a 10 percent contingency fee of $47,651 for the Housing Element update, yet we are realizing that this contingency fee is not included in our NTE amount of $552,765 for the Housing Element. We believe this was an error, as we have already received the City’s permission to dip into the contingency fee to hold our standing biweekly meetings which were not originally scoped. We are therefore requesting formal approval of the $47,651 contingency fee within the umbrella of the Housing Element update.

The total budget needed to cover the costs explained above is $157,300. See the breakdown outlined below. • Out of scope sites inventory labor $4,175
• Assessment of Fair Housing and AFFH requirements $10,000 • Unmet need for EIR scope of work, including the following technical analyses: $76,231 o Cogstone (Tribal Cultural Resources)
o Baseline Environmental Consulting (Air Quality, GHG, Energy, Noise and Vibration, Hydrology and Water Quality, Geology and Soils, Hazards and Hazardous Materials) o Environmental Collaborative (Biological Resources)
• Requested EIR Contingency Fee $33,418
• Housing Element Contingency Fee $47,651

A38
Anne Hersch
April 11, 2022

Approval of this Contract Modification #2 would increase our NTE amount as shown below.

A. Work Authorization June 8, 2021
B. Initial NTE budget $552,765
C. NTE Increase #1 (Approved July 21, 2021) $107,440
D. NTE with Increase #1 $660,205
E. I. NTE Increase #2 (Requested) $157,300
J. NTE with Increase #2: $817,505

Authorization
Please sign below to indicate your acceptance of the NTE increase requested herein as Contract Modification #2.

Please let me know if you have questions or need additional information.

Sincerely,

URBAN PLANNING PARTNERS, INC.

Lynette Dias
President

NTE AMOUNT INCREASE
TO $817,505

ACCEPTED AND AUTHORIZED BY

__________________________________________ ___________________________ Anne Hersch Date
City of Antioch

Attachments:

Attachment A. CEQA Budget
A39
Attachment A
EIR Estimated Fee
Curtis Banks
Project Director
Doug Herring
Principal Planner
Meredith Rupp
Project Manager
Assistant Project Manager
Planner/Support
Graphics/
Word Processing
Bruce Abelli-Amen, CHg
Principal/Senior
Hydrogeologist
Patrick Sutton
Sr. Environmental Engineer
Cem Atabek
Sr. Environmental Engineer
Yilin Tian
Environmental Engineer
Word Processing
Program Director
Task Manager and
Principal
Architectural
Historian
Supervisor
GIS Specialist
Technical Editor
Jim Martin
Bill Burton, PE, TE
Transportation Manager
Kevin Johnson
Travel Demand Modeler
Shane Russell
Transportation Planner
Hourly Rate: $225 $240 $155 $150 $120 $130 $225 $185 $185 $175 $120 $155 $120 $90 $95 $95 $105 $185 $280 $200 $145 PHASE 1. Project Initiation
Task 1A: Project Initiation

1. Data Gathering - - 4 - 8 - 1,580$ - 2 1 1 - 730$ 2 11 22 10 7 5,225$ - - - -$ 7,535$

2. Project Description 4 - 14 20 - 6 6,850$ - - - - - -$ - - - -$ 6,850$ Subtotal for Task 1A 4 - 18 20 8 6 8,430$ - 2 1 1 - 730$ 2 11 22 10 7 5,225$ - -$ - - -$ 14,385$ Subtotal for Task 1B 1 - 6 - 2 - 1,395$ - - - - - -$ - - - -$ 1,395$ hours 5 - 24 20 10 6 - 2 1 1 - 2 11 22 10 7 - - - - $ 1,125 - 3,720 3,000 1,200 780 9,825$ - 370 185 175 - 730$ 310 1,320 1,980 950 665 - 5,225$ - - - -$ 15,780$ PHASE 2. Draft EIR
Task 2A. Prepare VMT Thresholds and City SB 743 Implementation Subtotal for Task 2A - - - - - - -$ - - - - - -$ 100 60 180 66,100$ 66,100$ Task 2B. Effects Found to be Less Than Significant

1. Mineral Resources 1 - 2 2 725$ - - - -$ - - - -$ 725$ Subtotal for Task 2B 1 - - - 2 2 725$ - - - - - -$ - - - - 725$ Task 2C. Plans and Policies
Subtotal for Task 2C 2 30 8 12 4 10,850$ - - - - - -$ - - - -$ 10,850$ Task 2D. Setting, Impacts, Standard Conditions of Approval, and Mitigation Measures

1. Land Use and Planning 2 30 10 - 8 10,240$ - - - - - -$ - - - -$ 10,240$

2. Transportation and Traffic 1 8 - - 6 2,245$ - - - - - -$ 16 - 40 10,280$ 12,525$

3. Air Quality 1 4 - - - 845$ - 40 - 4 1 8,220$ - - - -$ 9,065$

4. Greenhouse Gas Emissions 1 4 - - - 845$ - 4 - 36 1 7,160$ - - - -$ 8,005$

5. Energy 1 2 - - - 535$ - 2 12 1 2,590$ - - - -$ 3,125$

5. Cultural and Tribal Resources 2 1 - 8 - 1,565$ - -$ 4 16 8 40 14 4 8,810$ - - - -$ 10,375$

6. Aesthetics 1 6 - 20 - 6 5,445$ - - - - - -$ - - - -$ 5,445$

7. Biological Resources 1 - - - 4 745$ - - - - - -$ 52 9,620$ - - - -$ 10,365$

8. Geology and Soils 1 2 - - - 535$ 2 32 1 6,490$ - - - -$ 7,025$

9. Hazards and Hazardous Materials 1 2 - - - 535$ - 4 36 - 1 7,520$ - - - -$ 8,055$

10. Hydrology and Water Quality 1 2 - - - 535$ 2 - 32 - 1 6,490$ - - - -$ 7,025$

11. Noise and Vibration 1 2 - - - 535$ 4 40 1 7,860$ 8,395$

12. Population and Housing 1 30 2 - - 2 7,995$ 7,995$

13. Public Services and Recreation 1 4 - 14 2 2,785$ 2,785$

14. Utilities 1 4 - 14 1 2,655$ 2,655$

15. 1 2 8 - 4 2,255$ - - - - - -$ - - - -$ 2,255$

16. 1 24 2 - - 4 6,815$ - - - - - -$ - - - -$ 6,815$ Subtotal for Task 2D 19 90 51 28 36 37 47,110$ 4 54 100 92 7 46,330$ 4 16 8 40 14 4 8,810$ 52 9,620 16 - 40 10,280$ 122,150$ Task 2E. CEQA Required Assessment Conclusions
Subtotal for Task 2E 1 2 14 - 1 2,765$ - - - - - -$ - - - -$ 2,765$ Task 2F. Alternatives Analysis
Subtotal for Task 2F 6 30 8 - - 4 10,310$ - - - - - -$ - - - -$ 10,310$ Task 2G. Standard Conditions of Approval/Mitigation Monitoring and Reporting Program and Findings Subtotal for Task 2G 2 - 8 - 16 4 4,130$ - - - - - -$ - - - -$ 4,130$ Task 2H. Draft EIR

1. Admin Draft 12 - 16 12 - 12 8,540$ - 4 10 10 - 4,340$ - -$ 12,880$

2. Screencheck 6 - 14 20 - 8 7,560$ - 2 4 4 - 1,810$ 1 4 2 8 4 1,955$ - -$ 11,325$

3. Public Review Draft EIR 4 - 12 16 - 6 5,940$ - 1 2 2 - 905$ -$ - - - -$ 6,845$ Subtotal for Task 2H 22 - 42 48 - 26 22,040$ - 7 16 16 - 7,055$ 1 4 2 8 4 - 1,955$ - - - -$ 31,050$ Task 2I. Draft EIR Hearings
Subtotal for Task 2I 4 - 10 - 2 - 2,690$ - - - - - -$ - - - -$ 2,690$ hours 57 150 129 90 68 78 4 61 116 108 7 5 20 10 48 18 4 52 116 60 220 76,380 $ 12,825 36,000 19,995 13,500 8,160 10,140 100,620 900 11,285 21,460 18,900 840 53,385 775 2,400 900 4,560 1,710 420 10,765 9,620 9,620 32,480$ 12,000$ 31,900$ 76,380$ 250,770 PHASE 3. Response to Comments Document/Final EIR
Task 3A. Response to Comments Document

1. Admin Draft RTC 10 - 28 24 - 10 11,490$ - 4 10 10 - 4,340$ 6 570$ 4 740 4 - 6 1,990$ 19,130$

2. Screencheck Draft RTC 6 - 12 16 - 4 6,130$ - 2 4 4 - 1,810$ 4 - 2 1,410$ 9,350$

3. Final RTC 4 - 8 4 - 2 3,000$ - 1 2 2 - 905$ - - - -$ 3,905$ Subtotal for Task 3A 20 - 48 44 - 16 20,620$ - 7 16 16 - 7,055$ - - - 6 - - 570$ 4 740$ 8 - 8 3,400$ 32,385$ Team Total
Urban Planning Partners
Total
Fehr & Peers Total
Fehr & PeersCogstone
Cogstone Team
Total
Environmental
Consulting Team Total
Environmental
Collaborative
Wildfire
Task 1B: Review of NOP Comments and Work Program
Refinement
Urban Planning Partners Baseline Environmental Consulting Baseline Environmental
Total
PHASE 1. PROJECT INITIATION SUBTOTAL
Agriculture and Forest Resources
PHASE 2. DRAFT EIR
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Attachment A
EIR Estimated Fee
Curtis Banks
Project Director
Doug Herring
Principal Planner
Meredith Rupp
Project Manager
Assistant Project Manager
Planner/Support
Graphics/
Word Processing
Bruce Abelli-Amen, CHg
Principal/Senior
Hydrogeologist
Patrick Sutton
Sr. Environmental Engineer
Cem Atabek
Sr. Environmental Engineer
Yilin Tian
Environmental Engineer
Word Processing
Program Director
Task Manager and
Principal
Architectural
Historian
Supervisor
GIS Specialist
Technical Editor
Jim Martin
Bill Burton, PE, TE
Transportation Manager
Kevin Johnson
Travel Demand Modeler
Shane Russell
Transportation Planner
Hourly Rate: $225 $240 $155 $150 $120 $130 $225 $185 $185 $175 $120 $155 $120 $90 $95 $95 $105 $185 $280 $200 $145 Team Total
Urban Planning Partners
Total
Fehr & Peers Total
Fehr & PeersCogstone
Cogstone Team
Total
Environmental
Consulting Team Total
Environmental
CollaborativeUrban Planning Partners Baseline Environmental Consulting Baseline Environmental
Total
Task 3B. EIR Certification Hearings
Subtotal for Task 3B 12 - 16 4 - 5,660$ - - - - - -$ - - - -$ 5,660$ hours 32 - 64 44 4 16 - 7 16 16 - - - - 6 - - 4 8 - 8
$ 7,200 - 9,920 6,600 480 2,080 26,280 - 1,295 2,960 2,800 - 7,055$ - - - 570 - 570$ 740 740$ 2,240 - 1,160 3,400$ 38,045$ Admin Record
EIR Administrative Record
Subtotal 4 - 14 - 24 12 7,510$ - - - - - -$ 0 0 0 0 2 0 190$ - - - -$ 7,700$ hours 4 - 14 - 24 12 - - - 2 -$ -$ - - -
$ 900 - 2,170 - 2,880 1,560 7,510 - - - -$ 190 190 -$ -$ - - - -$ 7,700$

TOTAL EIR LABOR ESTIMATE
hours 98 150 231 154 106 112 4 70 133 125 7 7 31 32 64 27 4 56 60 228 $ 22,050$ 36,000$ 35,805$ 23,100$ 12,720$ 14,560$ 144,235$ 900$ 12,950$ 24,605$ 21,875$ 840$ 61,170$ 1,085$ 3,720$ 2,880$ 6,080$ 2,565$ 420$ 16,750$ 10,360$ 34,720$ 12,000$ 33,060$ 79,780$ 312,295$

DIRECT COSTS

1. Subconsultant Markup 16,806$ 16,806$

2. Misc. Direct Costs and Printing 100$ 4,440$ 540$ 5,080$ TOTAL DIRECT COSTS 16,906$ 4,440$ 540$ -$ 21,886$

TOTAL ESTIMATED FEE
161,141$ 61,170$ 21,190$ 10,900$ 79,780$ 334,181$

TEN PERCENT CONTINGENCY
33,418$

TOTAL ESTIMATED FEE WITH CONTINGENCY
367,599$
PHASE 3. RESPONSE TO COMMENTS

DOCUMENT/FINAL EIR
PHASE 4. ADMIN RECORD
A41
E
xhibit 4
Contract Amendment No. 3
Scope of Services
A42
July 6, 2023
Zoe Merideth, Senior Planner
Community Development Department
City of Antioch
Sent via email to [email protected]
RE: A NTIOCH HOUSING, ENVIRONMENTAL HAZARDS, AND ENVIRONMENTAL JUSTICE (EJ) ELEMENT UPDATES – CONTRACT MODIFICATION #3
Dear Zoe,
This letter
is to request an increase in our current NTE amount by an additional $67,772 to our current contract dated June 8, 2021. We have grouped our efforts into two categories:

1. Unanticipated Level of Effort (through June 2023)

2. Future Level of Effort (July through October 2023)

1. UNANTICIPATED LEVEL OF EFFORT:

As of June 30, 2023, UPP is over budget by approximately $27,595 for the Housing Element and $23,541 for the EJ Element. UPP will be writing down 20-25% of the overage for each Element to make up for inefficiencies related to our staffing changes and to help share in the cost overruns with the city. This amount does not include any time spent on this contract modification. Therefore, the amount requested is reduced to $22,076 and $17,641 for the Housing Element and EJ Element, respectively. Please also note that in 2022, UPP wrote down an additional $5,720 for the EJ Element to make up for overages related to the data collection/mapping analysis. The combined amount written down for both projects is $17,139. A more detailed breakdown of our out-of-scope work is described below:

Housing Element. The overage on the Housing Element is primarily due to the extensive analyses/revisions required by HCD to complete drafts of the document, several calls with HCD, as well as overall project duration given that the original scope and fee assumed a project end date of January 2023. As previously mentioned, UPP is writing down about 20% of the overage or $5,519. • Project Management and Coordination
o Meetings
. Our original scope and fee assumed 12 meetings for the duration of the project (ending by January 2023). We have continued to meet between February and June 2023 to work through HCD’s comments.

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Zoe Merideth
July 6, 2023

• Housing Element Update
o HCD Revisions Housing Element (#2) Submitted February 2023. Responding to HCD comments received in September 2022 required more back and forth with the HCD reviewer and the City than anticipated including additional AFFH analysis, policy revisions, and a more robust analysis of the suitability of sites. More effort was also required to analyze potential governmental constraints. o HCD Revisions Housing Element (#3) Anticipated July 2023. A number of more specific comments were introduced in HCD’s April 2023 letter, including the need for additional AFFH analysis, more information on suitability of nonvacant sites, and additional analysis to satisfy Assembly Bill 2339 (Emergency Shelters).

Environmental Justice Element. The overage on the EJ Element is primarily due to this being a new requirement per State law. When scoping, it was difficult to assess the level of effort as this was unchartered territory. As previously mentioned, UPP is writing down 25% of the overage or $5,900. This is in addition to the $5,720 that was written down in 2022. • Project Initiation and Analysis
o Data Gathering, Mapping, and Stakeholder Outreach. More effort was required collecting data and preparing maps demonstrating existing conditions, especially related to pollution exposure and healthy food access. Additional time was also spent determining which stakeholders to reach out to and then coordinating with them (Contra Costa Health Services, First 5 Contra Costa, and other CBOs) to inform the EJ analysis.
• Administrative and Draft Documents
o Draft Goals, Policies, and Programs. Crafting goals, policies, and programs for the EJ Element was more time intensive than originally scoped.

2. FUTURE LEVEL OF EFFORT:

UPP requests an additional $23,690 to complete the 2023-2031 Housing Element Update and $4,365 to complete the EJ Element.

Housing Element
• Project Management and Coordination ($4,350)
o Meetings. Our original scope and fee assumed 12 meetings for the duration of the project (ending by January 2023). The current schedule for the Housing Element is now anticipated through October 2023 if a third round of HCD comments are received in September. We have assumed biweekly meetings for July through October 2023.
• Housing Element Update ($19,340)
o HCD Revisions Housing Element (#3) Anticipated July 2023. We will continue working with HCD and the City to implement edits in response to HCD comments received in April 2023. This includes revising many of the graphics throughout the document to address changes to the site inventory (e.g., moving the Vierra sites out of the RHNA).This contract modification will also cover the cost to publish the A44
Zoe Merideth
July 6, 2023

Housing Element Draft #3 for public review and implement revisions based on public comments before sending to HCD.
o HCD Revisions Housing Element (#4). Based on experience from other jurisdictions and the number of comments received on the first and second letters from HCD, the City may receive a third round of comments in the Fall of 2023 which would require preparation of a Housing Element #4. This contract modification will also cover one additional Planning Commission meeting plus staff report preparation (if needed).

Environmental Justice Element ($4,365)
• Phase 3 Adoption and Final Documents
o City Council Meeting. This amount will cover the remaining City Council meeting, including staff report preparation and Council presentation. o Final EJ Element. If City Council comments require changes to the EJ Element, this contingency assumes minor revisions to prepare a final document.

Budget
UPP requests a modification to increase the current not-to exceed fee by an additional $66,772, to cover the unanticipated level of effort through June 2023 and the future work needed to complete the 2023-2031 Housing Element Update by the Fall of 2023 (see Table 1 below).

Table 1 Contract Modification #3 Fee Summary
Project Amount
Housing Element Overage through June 2023 $27,595
Housing Element Write Down (20%) ($5,519)
Housing Element Future Work $23,690
Housing Element Subtotal $45,766
EJ Element Overage through June 2023 $23,541
EJ Element Write Down (25%) ($5,900)
EJ Future Work $4,365
EJ Element Subtotal $22,006
Grand Total (HE+EJ) $67,772
Approval of this Contract Modification #3 would increase our fee as shown below.

Work Authorization J u n e 8 , 2 0 2 1
Initial NTE budget $ 5 5 2 , 7 6 5
NTE Increase #1 (Approved July 21, 2021) $107,440
NTE with Increase #1: $ 6 6 0 , 2 0 5
A45
Zoe Merideth
July 6, 2023

NTE Increase #2 (Approved April 26, 2022) $ 1 5 7 , 3 0 0 NTE with Increase #2: $ 8 1 7 , 5 0 5
NTE Increase #3 (Requested) $ 6 7 , 7 7 2
NTE with Increase #3: $ 8 8 5 , 2 7 7
All terms of our original contract would remain in effect. Please contact Curtis or Carla with any questions. We look forward to completing this project for the City of Antioch.

Sincerely,
URBAN PLANNING PARTNERS, INC.

C u r t i s B a n k s C a r l a V i o l e t
P

ROJECT DIRECTOR P ROJECT MANAGER
[email protected] [email protected]

A46

I
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of August 8, 2023

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Zoe Merideth, Senior Planner

APPROVED BY: Kevin Scudero, Acting Community Development Director

SUBJECT: Renewal of Vesting Tentative Subdivision Map 357 -302-20, Final Development Plan, and Design Review

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution approving a one-year extension of the vesting tentative subdivision map, final development plan, and design review approvals for the Wild Horse Multifamily Project (Attachment A).

FISCAL IMPACT
There is no direct fiscal impact because of this action.

ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was adopted and certified on January 11, 2022.

DISCUSSION
On January 11, 2022, the City Council adopted (1) Resolution 2022/07, which approved the EIR Certification; (2) Resolution 2022/08 which approved the General Plan Amendment; (3) Ordinance 2201 -C-S rezoning the property to Planned Development District (PD-20-01); and (4) Resolution 2022/09 which approved t he Vesting Tentative Subdivision Map (VTSM 357 -202-20) for condominium purposes , Final Development Plan and Design Review for the Wild Horse Multifamily Project. Resolution 2022/09 is included as Attachment B. The applicant is requesting an extension of the approvals found in Resolution 2022/09. The project consists of approximately 11.72 acres parcel located at the terminus of Wild Horse Road, between Le Conte Circle and State Route (SR) 4.

Analysis
The approved Conditions of Approval include General Conditions 1 for project expiration:

This approval expires two years from the date of approval by the City Council (January 11, 2024), unless a building permit has been issued and construction has diligently commenced thereon and has not expired, or an extension has been approved by the Zoning Administrator. Requests for Antioch City Council Report
August 8, 2023 Agenda Item #I 2
extensions must be received in writing with the appropriate fees prior to the expiration of this approval. No more than one one-year extension shall be granted.

Chapter 4 “Subdivisions” and Article 3 “Tentative Maps” includes expiration and extension policies for approved tentative maps. This provision also requires the recommendation of the Planning Commission to the City Council for the extension approval of one additional year.
9-4.314 EXPIRATION AND EXTENSION.

An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. Upon an application of the subdivider filed prior to the expiration of the tentative ma p, and following the recommendation of the Commission, the time at which the map expires may be extended by the Council for a period of one additional year.

The tentative map was approved on January 11, 2022, and is set to expire on January 11, 2024. The applicant has requested an extension of the map approval pursuant to Section 9-4.314 (See Attachment C) and is seeking a one -year approval extension with a new expiration date of January 11, 2025.

If approved, the new expiration date will be January 11, 2025. The previously approved Conditions of Approval and Tentative Map will be carried forward without any change and as originally approved by the City Council in January 2022.

ATTACHMENTS
A. Resolution extending the project approvals
B. Resolution 2022/09
C. Request Letter
RESOLUTION NO. 2023/XX
RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING

THE ONE-YEAR EXTENSION OF THE VESTING TENTATIVE SUBDIVISION MAP,

FINAL DEVELOPMENT PLAN, AND DESIGN REVIEW APPROVALS OF THE WILD HORSE MULTIFAMILY PROJECT (PD-20-01, AR-21-17)
W
HEREAS, the City of Antioch received a written request from Philip Su, applicant, for a one-year extension of the project approvals for the Wild Horse Multifamily Project. The extension would extend the expiration date of the approvals for Vesting Tentative Subdivision Map (VTSM 357- 302-20) for condominium purposes, Final Development Plan, and Design Review;
W
HEREAS, an Environmental Impact Report (EIR) and a Mitigation Monitoring and Reporting Program was prepared and adopted by the City Council on January 11, 2022 in conformance with the California Environmental Quality Act; W
HEREAS, a subsequent environmental document does not need to be prepared because (1) no changes to the project are proposed requiring revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, ( 2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, and ( 3) no new information of substanti al importance, which was not known and could not have been known with the exercise of reasonable diligence or at the time the previous EIR was adopted; W
HEREAS, on January 11, 2022, the City Council duly held a public meeting, received and considered evidence, both oral and documentary and approved the Vesting Tentative Subdivision Map, Final Development Plan, and Design Review; W
HEREAS, the Planning Commission held a public meeting on July 19, 2023, considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request; W
HEREAS, the Planning Commission recommended that the City Council approve the extension; and
W
HEREAS, the City Council held a public meeting on August 8, 2023, considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves a one-year extension of the project approvals for the Vesting Tentative

ATTACHMENT A
A1
RESOLUTION NO. 2023/**
August 8, 2023

S
ubdivision Map (VTSM 357- 302-20) for condominium purposes, Final Development Plan, and Design Review for the Wild Horse Multifamily Project until January 11, 2025. *
* * * * * * *
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 8 th day of August 2023, by the following vote:

A
YES:

N
OES:

ABS
TAIN:

ABS
ENT:
_______
______________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
A2

CITY COUNCIL
RESOLUTION NO. 2022/ 09

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A VESTING TENTATIVE MAP, FINAL DEVELOPMENT PLAN, AND

DESIGN REVIEW FOR THE WILD HORSE MULTIFAMILY PROJECT
WHEREAS, the City of Antioch ( City) received an application from CCP- Contra Costa Investor, LLC ( Applicant), seeking approval of the following: EIR Certification, General Plan Amendment, Rezone to Planned Development District, Vesting Tentative Map, Final Development Plan, and Design Review for the development of a 126 multifamily unit residential community and associated improvements on an approximately

11.72 acre project site, known as the Wild Horse Multifamily Project ( PD-20-01, GP- 20- 03, AR- 21- 17);
WHEREAS, the project site consists of an approximately 11.72 acre parcel located at the terminus of Wild Horse Road, between Le Conte Circle and State Route ( SR) 4 APN: 041- 022- 003);
WHEREAS, a Final Environmental Impact Report ( Final EIR) and Mitigation Monitoring and Reporting Program was prepared in accordance with the California Environmental Quality Act (" CEQA") Guidelines Section 15162; WHEREAS, on December 1, 2021, the Planning Commission recommended to the City Council certification of the Final Environmental Impact Report, based on findings of fact and adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program;
WHEREAS, on January 11, 2022, the City Council certified the Final Environmental Impact Report, based on findings of fact and adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; WHEREAS, the applicant has prepared Design Guidelines for the Project in order to customize the City of Antioch' s Residential Design Guidelines specifically for the Project;
WHEREAS, on October 21, 2021, the Parks and Recreation Commission considered the Wild Horse Multifamily Project and did recommend to the Planning Commission that the project be obligated to pay $ 119, 700 in parkland dedication in lieu fees. The Planning Commission did recommend to the City Council on December 1, 2021 that the project be obligated to pay $ 119,700 in parkland dedication in lieu fees; WHEREAS, on December 1, 2021, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary, and recommended approval of a Vesting Tentative Subdivision Map, Final Development Plan, and Design Review to the City Council;

ATTACHMENT B
B1
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RESOLUTION NO 2022/ 09
JANUARY 11, 2022

WHEREAS, the City Council duly gave notice of public hearing as required by law; and
WHEREAS, on January 11, 2022, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary.

NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the following required findings for approval of a Vesting Tentative Subdivision Map:

1. The Vesting Tentative Subdivision Map, design and improvements are consistent with the General Plan, as required by Section 66473. 5 of the Subdivision Map Act and the City' s Subdivision Regulations. The site has a proposed General Plan Designation of High Density Residential and the Vesting Tentative Subdivision Map will accommodate uses that are consistent with the proposed General Plan designation.

2. The project proposed by the Vesting Tentative Subdivision Map for Condominium Purposes complies with the rules, regulations, standards and criteria of the City' s Subdivision Regulations. The City' s Planning and Engineering staff have reviewed the Vesting Tentative Subdivision map and evaluated the effects of the map proposed and have determined that the Vesting Tentative Map, as conditioned, complies with and conforms to all the applicable rules, regulations, standards, and a
criteria of the City' s Subdivision Regulations.

3. The Project' s conditions of approval protect the public safety, health and general welfare of the users of the project and surrounding area. In addition, the conditions ensure the project is consistent with all applicable City standards.

BE IT FURTHER RESOLVED, that the City Council makes the following findings for approval of a Final Development Plan:

1. Each individual unit of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not be detrimental to present and potential surrounding uses but instead will have a beneficial effect which could not be achieved under another zoning district because the project will provide new housing options to the area while remaining compatible with existing surrounding development. The project is designed to function independently while remaining interconnected through pathways and access for both vehicles and pedestrians.

2. The streets and thoroughfares proposed meet the standards of the city' s Growth Management Program and adequate utility service can be supplied to all phases of the development because the Project design minimizes traffic impacts to the existing street system and encourages internal pedestrian circulation within the development. The Project will be required to construct all required streets and B2
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utilities to serve the project. The final design, location, and size of these improvements will be subject to the approval of the City Engineer. As shown in the project's FinalEIR, adequateutilityservicecan be suppliedto the project. the projectwill be constructingallthe requiredstreetsandutilitiesto servethe project.

3. Any commercial components are justified economically at the location( s) proposed. There are no commercial components to the project

4. Any residentialcomponentwillbe in harmonywiththe characterof thesurrounding neighborhood and community and will result in densities no higher than that permittedby the GeneralPlanbecausethe projecthas beendesignedto comply with City densitystandards, and the proposeddensitiesare within GeneralPlan allowances. The projectincludesmultifamilydevelopmentthat is consistentwith the overall intent of the General Plan.

5. Any industrialcomponentconformsto applicabledesirable standardsand will constitute an efficient, well- organized development with adequate provisions for railroad and/or truck access and necessary storage and will not adversely affect adjacent or surrounding development. There are no industrial components of the project.

6. Any deviationfrom the standardzoningrequirementsis warrantedby the design and additional amenities incorporated in the final development plan which offer certain unusual redeeming features to compensate for any deviations that may be permitted. The proposedPD zone was intendedto allow for currentand future flexibilityin development. Minordeviationsto developmentstandardshave been incorporated into the Wild Horse Multifamily Project Planned Development Ordinance that respond to specific limitations, including topography and existing infrastructure, of the project site.

7. The area surrounding the P-D District can be planned and zoned in coordination and substantial compatibility with the proposed development because the land surroundingthe Projectis alreadydevelopedandthe proposalhasbeendesigned to compatible with surrounding uses.

8. The P-D District conforms to the General Plan of the city because the amendment to the General Plan to change the designation of the site to High Density Residential allows continues to allow residential development to occur at the site while allowingflexibilityof developmenttypes. The intent of the GeneralPlan is being maintained.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch does herebyAPPROVEa VestingTentativeMap, Final DevelopmentPlan, and Design Review for the development of a 126 multifamily unit residential community and associated improvements on an approximately 11. 72 acre project site, known as the Wild B3
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Horse Multifamily Project( PD-20-01, GP-20-03, AR-21-17) located at the terminus of Wild Horse Road, between Le Conte Circle and State Route ( SR) 4 ( APN: 041- 022- 003) subject to the following conditions:

A. GENERAL CONDITIONS

1. The developmentshall complywith the City of Antioch MunicipalCode, unless a specific exception is granted thereto, or is otherwise modified in these conditions.

2. Concurrentwith the first submittal of grading or improvementplans, the developershallsubmita site planexhibitshowingthe site planas modified by conditions and approvals.

3. This approvalexpirestwoyearsfromthe dateof approval (ExpiresJanuary 11, 2024) unless a building permit has been issued and construction has diligently commenced thereon and not expired, or an extension has been approved by the Zoning Administrator. Requests for extensions must be received in writing with the appropriate fees prior to the expiration of this approval. No more than one, one-year extension shall be granted.

4. The developershall defend, indemnify, and hold harmlessthe City in any action brought challenging any land use approval or environmental review for the Project. In addition, developer shall pay any and all costs associated with any challenge to the land use approval or environmental review for the Project, including, withoutlimitation, the costs associatedwith any election challenging the Project.

5. A final and unchallengedapproval of this project supersedes previous approvals that have been granted for this site.

6. Permits or approvals, whether discretionary or ministerial, will not be considered if the developer is not current on fees, reimbursement and/ or other payments that are due the City.

7. All advertising signs shall be consistent with the Sign Ordinance or as approved by the Community Development Director.

8. All required easements or rights-of-way for improvements shall be obtained by the developer at no cost to the City of Antioch. Advance permission shall be obtainedfromanypropertyor, if requiredfromeasementholders, forany work done within such property or easements.

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9. All easements of record that are no longer required and affect individual lots or parcelswithinthis projectshall be removedpriorto or concurrentlywith the recordation of the parcel map for condominium purposes or subsequent separate document as approved by City Engineer.

B. VESTING TENTATIVE MAP CONDITIONS

1. The Vesting Tentative Map for condominium purposes approval is subject to the time lines established in the State of California Subdivision Map Act.

2. Approval is based upon substantial conformance with the Vesting Tentative MapforcondominiumpurposespreparedonAugust10, 2020, revisedon October 26, 2020 and stamped received by the Community Development Department on October 30, 2020.

3. Approval of this Vesting Tentative Map for condominium purposes shall not constitute the approval of any improvements shown on the Vesting TentativeMapfor condominiumpurposesand shall not be construedas a guaranteeof futureextensionor re-approvalsof this or similarmaps, nor is it an indication of future availability of water or sewer facilities or permission to develop beyond the capacities of these facilities.

C. DISTRICTS AND ANNEXATION

1. Prior to filing of a parcel map for condominium purposes for recording, the developer shall annex into the District 1 Zone 1 Lighting and Landscaping District ( LLD) and accept a level of annual assessments sufficient to maintain public facilities in the vicinity of the project area at no cost to the City. The annual assessment shall cover the actual annual cost of maintenance as described in the Engineer' s Report.

2. Priorto filing of a parcelmapfor condominiumpurposesfor recording, the developer shall annex into CFD 2018- 02 ( Police Protection).

D. HOME OWNERS ASSOCATION AND CC& RS

1. The developer shall establish a Home Owners Association ( HOA) for this project in conformancewith the regulationsset forth by the California Department of Real Estate. The HOA shall be responsible for maintaining all on- site landscaping, roadway ( including striping and signing), concrete including sidewalk, curb, gutter and curb ramps), street lighting, bio- retention basins, and storm drain facilities.

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2. The City shall be reimbursed for maintenance of landscape, roadway including striping and signing), concrete ( including sidewalk, curb, gutter and curb ramps), bio-retentionbasins, stormdrainfacilities, street lighting, and all otherHOAfacilitiesandamenitiesnot maintainedbythe HOAto an acceptable City level.

3. A parking lot sweeping program shall be implemented that, at a minimum, providesfor sweepingimmediatelyprior to the storm seasonand prior to each storm event.

4. Subject to approval by the state, the Codes, Covenants and Restrictions CC&Rs) forthesubdivisionshallincludeaprovisionindicatingthattheCity of Antioch is named as a third-party beneficiary with the right, but not the obligation,
to enforce the provisions of the CC&Rs relating to the
maintenanceandrepairofthe propertyandimprovements, includingbutnot limited to landscaping, streets, curbs, gutters, streetlights, parking, open space, stormwaterfacilitiesandthe prohibitionof nuisances. The Cityshall have the same rights and remedies as the Association, Manager or Owners are affordedunderthe CC&Rs, includingbut not limitedto rights of entry.

This right of enforcement is in addition to all other legal and equitable remedies available to the City, including the right to refuse to issue building permits for any building or structure that is not in compliance with applicable federal, state or local laws, regulations, permits or approvals. Neither action nor inactionbythe Cityshallconstitutea waiveror relinquishmentof any rights or remedies. In addition, the CC&Rs shall include a provision that any design approvals required by the CC& RS for construction, reconstruction and remodeling are in addition to any approvals needed from the City as well. Further, the CC& Rs cannot be terminated or amended materially without the prior written consent of the Community Development Director and the City Attorney of the City of Antioch. Material changes are those that would change the fundamental purpose of the development including but not limited to:

City approvals of uses or external modifications.

Property ownership or maintenance obligations including, but not limited to, common areas, storm water and landscaping.

The CC&Rs for this projectshallbe reviewedandapprovedby the City Attorney and the Community Development Director prior to the issuance of the first building permit.

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E. CONSTRUCTION CONDITIONS

1. The use of construction equipment shall be as outlined in the Antioch Municipal Code and is restricted to weekdays between the hours 8: 00 A. M. and 5: 00 P. M., or as approved in writing by the City Manager. Requests for alternative days/time may be submitted in writing to the City Engineer for consideration.

2. The project shall be in compliance with and supply all the necessary documentation for Antioch Municipal Code § 6- 3. 2: Construction and Demolition Debris Recycling.

3. Standard dust control methods and designs shall be used to stabilize the dust generated by construction activities. The developer shall post dust control signage with a contact number of the developer, City staff, and the air quality control board.

4. The site shall be kept clean of all debris ( boxes, junk, garbage, etc.) at all times.

F. SITE AND PROJECT DESIGN

1. Provisions for mail delivery and locations of mailbox facilities shall be reviewed by the USPS and approved by the City Engineer prior to the issuance of a building permit.

2. All proposed improvements shall be constructed to City standards or as approved by the City Engineer.

3. All public streets shall intersect at approximately 90 degrees and meet the requirements of Caltrans Highway Design Manual for Intersection Design Standards ( Topic 405), as approved by the City Engineer.

4. All driveways shall be perpendicular or radial to the street centerline, or as approved by the City Engineer.

5. Maximum driveway slope shall be 12% or as approved by the City Engineer.

6. All driveways shall be a minimum of five feet ( 5') from the curb return.

7. Curb ramps shall meet the latest version of Caltrans ramps.

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8. Monolithic sidewalks with beveled curb shall be six inches ( 6") thick and reinforced as approved by the City Engineer. Sidewalks at driveway approaches shall be ADA complaint. Minimum sidewalks widths shall be as follows:

Adjacent to beveled curb, 4 feet excluding curb (bevel curb to be 12" deep by 3" high with 1/2" lip and 18" gutter).

Adjacent to vertical curb, 4.5 feet excluding curb.

9. Sight distance triangles shall be maintained per Antioch Municipal Code § 9-5.1101 Site Obstructionsat Intersections, or as approvedby the City Engineer.

10. A minimum of a twenty- foot ( 20') tangent shall extend beyond the return at intersections at public streets for the maintenance of adequate sight distance, or as approved by the City Engineer.

11. In cases where a fence is to be built in conjunction with a retaining wall, and the wall face is exposed to a side street, the fence shall be setback a minimum of three feet ( 3') behind the retaining wall per Antioch Municipal Code § 9-5. 1603, or as approved by the City Engineer.

12. Thestreetnamesfor thestreetslistedbelowshallbeapprovedby Planning Commission prior to recordation of the parcel map for condominium purposes. Changes to street names shall require Planning Commission review and approval.

Street ' A'
Street ' B'

13. The developer shall provide a "checklist" of universal design accessibility features to home buyers as required by Health and Safety Code § 17959. 6.

14. All improvements for each lot ( water meters, sewer cleanouts, etc.) shall be contained outside of the driveway and within the lot and the projection of its sidelines, or as approved by the City Engineer.

15. The developer shall install and maintain streetlights within the project area at no cost to the City.

16. Guest parking shall be provided at the site at a minimum rate of one spot per every five units.

17. Cul- de- sac parking shall be provided as required by the City Engineer.

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18. Allfencingadjacentto openspace (trailsandbasins) shallbewroughtiron or tubular steel and shall be located at the top of slope.

19. All standard two-car garages shall be a minimum of twenty feet by twenty feet ( 20' x 20') clear inside dimensions. All tandem two- car garages shall have a minimum dimension of ten feet by forty feet ( 10' x 40') clear inside dimensions.

20. The developer and then the HOA, once the CC& Rs are operative, shall maintain all undeveloped areas within this subdivision in an attractive manner, which shall also ensure fire safety.

G. UTILITIES

1. Public utilities shall be constructed to their ultimate size and configuration with the road construction in which they are to be located.

2. All existingand proposedutilitiesshallbe undergrounded (e.g. transformers and PMH boxes) and subsurface in accordance with the Antioch Municipal Code, or as approved by the City Engineer.

3. All sewage shall flow by gravity to the intersecting street sewer main.

4. All publicutilities, includingstormdrainpipesandditches, shallbe installed in streets avoiding between lot locations. All proposed drainage facilities, includingopenditches, shall be constructedof PortlandConcreteCement or as approved by the City Engineer.

5. Prior to the recordation of the parcel map for condominium purposes, the developer shall submit hydrology and hydraulic analyses with a storm water controlplanthat provesthe adequacyof the in-tract drainagesystemand downstream drainage system to the City for review and approval and to Contra Costa County Flood Control for review at no cost to the City as directed by the City Engineer.

6. The detention basin and associated improvements shall be constructed priorto issuanceof first buildingpermitfor residentialstructures.

7. The developer shall provide adequate water pressure and volume to serve this development. This will include a minimum residual pressure of 20 psi with all losses included at the highest point of water service and a minimum static pressure of 50 psi or as approved by the City Engineer. See Fire Requirements for additional water flow conditions.

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8. Buildingsshallcontainrainguttersanddownspoutsthatdirectwateraway fromthe foundationas approvedby the CityEngineer.

9. Prior to acceptanceof public utilities, the developer shall provide GPS coordinates of all in and above ground assets. This includes all Water DistributionUtilityfeatures, CollectionUtilityfeatures, StormWaterUtility features, and inverts associated with these features. Developer shall also includeGPScoordinatesof metalsubdivisionentrywaysigns, streetsigns, light poles, and irrigation controllers. These GPS coordinates must betaken on a survey-grade sub-meter GPS data receiver/collector and provided in GIS shapefile format using the North American 1983 Coordinate System.

H. LANDSCAPING

1. Landscaping on all slopes, medians, C.3 basins and open space areas shall be approved by the City Engineer and shall be installed, at no cost to the City.

2. Finallandscapeand irrigationplansshallbesubmittedto the Cityfor review and approval at the time the design review for the multifamily buildings are submitted. All landscaping and irrigation shall be installed in accordance with approvedplanspriorto the issuanceof certificatesof occupancy.

3. Landscapingfor the projectshall be designedto complywith the City of Antioch Water Efficient Landscape Ordinance ( WELO). Prior to issuance of a building permit, the developer shall demonstrate compliance with the applicable requirements of the WELO in the landscape and irrigation plans submitted to the City.

4. Basedondroughtconditions, theCityEngineerhastheauthorityto delay some or all of the landscape Conditions of Approval.

5. All trees shall be a minimum 15-gallon size and all shrubs shall be a minimum 5-gallon size.

FIRE REQUIREMENTS

1. Theapplicantshallcomplywiththeconditionsprovidedbythe ContraCosta Fire Protection District in the letter dated December 23, 2020.

J. FEES

1. The developershall pay all Cityfees which have been establishedby the City Council and as required by the Antioch Municipal Code.

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2. Prior to recordation of parcel map for condominium purposes, developer shall pay the Contra Costa County Flood Control District Drainage Area fee per letter dated January 4, 2021 and Contra Costa County map maintenance fee.

3. The developer shall pay all pass- through fees. Fees include but are not limited to:
a. East Contra Costa Regional Fee and Financing Authority ( ECCRFFA) Fee in effect at the time of building permit issuance.
b. Contra Costa County Fire Protection District Fire Development Fee in place at the time of building permit issuance.
c. Contra Costa County Map Maintenance Fee in affect at the time of recordation of the parcel map for condominium purposes. d. Contra Costa County Flood Control District Drainage Area fee. e. School Impact Fees.
f. Delta Diablo Sanitation Sewer Fees.
g. Contra Costa Water District Fees.

K. MODEL HOMES

1. If developer requests model homes or sales trailer, prior to the placement of any sales trailers, plans shall be submitted to the Engineering Department for review and approval. Any trailer shall be placed out of the public right- of-way and shall have its own parking lot.

2. The model home complex parking lot location and design shall be subject to the City Engineer' s approval.

3. The model home landscaping shall be drought tolerant, with total area of spray irrigation for the complex not to exceed 50 percent of the landscaping area.

L. GRADING

1. Prior to the approval of the grading plan( s), the City Engineer shall determine if it is necessary to engage soils and structural engineers, as well as any other professionals, deemed necessary to review and verify the adequacy of the building plans submitted for this project. If deemed necessary by the City Engineer, this condition may include field inspections by such professionals to verify implementation of the plans. Costs for these services shall be borne by the developer.

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2. The grading operation shall take place at a time, and in a manner, so as not to allow erosion and sedimentation. The slopes shall be landscaped and reseeded as soon as possible after the grading operation ceases. Erosion measures shall be implemented during all construction phases in accordance with an approved erosion and sedimentation control plan.

3. A grading permit shall be required prior to any grading operations.

4. All lots and slopes shall drain to approved drainage facilities as approved by the City Engineer.

5. All grading shall be accomplished in a manner that precludes surface water drainage across any property line.

6. All lots shall be graded to drain positively from the rear to the street or as approved by the City Engineer.

7. The swales adjacent to the house structure shall have a minimum of a two percent ( 2%) slope or as directed by the City Engineer.

8. All off-site grading is subject to the coordination and approval of the affected property owners and the City Engineer. The developer shall submit written authorization to " access, enter, or grade" adjacent properties prior to performing any work.

9. Any sale of a portion ( or portions) of this project to multiple developers shall include the necessary agreement and/ or grading easements to assure that project- wide grading conforms to the approved map and conditions of this resolution.

10. The grading plan for this development shall be approved by the City Engineer.

11. All elevations shown on the plans shall be on the USGS 1929 sea level datum or NAVD 88 with conversion information, as approved by the City Engineer.

12. Retaining walls shall not be constructed in City right-of-way or other City maintained parcels unless approved by the City Engineer.

13. All retaining walls shall be of masonry construction.

14. Wall and fence locations shall be included on the grading plan.

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15. All retaining walls shall be reduced in height to the maximum extent practicable and the walls shall meet the height requirements in the front yard setback and sight distance triangles as required by the City Engineer.

16. The back- to- back or side- to- side grading transitions from lot-to- lot shall have a maximum slope of 2: 1, and shall be accommodated entirely on the lower lot or as approved by the City Engineer.

17. The minimum concrete gutter flow slope shall be 0.75%.

18. All property lines shall be located at the top of slope.

M. CONSERVATION/ NPDES

1. Water conservation measures, including low volume toilets, flow restrictors in showers and the use of drought tolerant landscaping, shall be used.

2. The Project shall meet or exceed Tier 1 of the CALGreen Building Code.

3. The project shall comply with all Federal, State, and City regulations for the National Pollution Discharge Elimination System ( NPDES) ( AMC§ 6- 9).

Note: Per State Regulations, NPDES Requirements are those in affect at the time of the Final Discretional Approval.) Under NPDES regulations, the project is subject to provision C. 3: New development and redevelopment regulations for storm water treatment. Provision C. 3 requires that the project include storm water treatment and source control measures, as well run- off flow controls, so that post- project runoff does not exceed estimated pre- project runoff. C. 3 regulations require the submittal of a Storm Water Control Plan ( SWCP) that demonstrates how compliance will be achieved.

The SWCP shall be submitted simultaneously with the project plans. For the treatment and flow- controls identified in the approved SWCP, a separate Operation and Maintenance Plan ( O& M) shall be submitted and approved before the Building Department will issue Certificate of Occupancy permits. Both the approved SWCP and O& M plans shall be included in the project CC& Rs. Prior to building permit final and issuance of a Certificate of Occupancy, the developer shall execute any agreements identified in the Storm Water Control Plan that pertain to the transfer of ownership and/ or long- term maintenance of storm water treatment or hydrograph modification BMPs. Already stated in COAs below, 5.c and

5. h. w.

4. Additional information regarding the project SWCP is necessary and modifications to the SWCP shown on the proposed Vesting Tentative Map may be required in order to comply with C. 3 regulations.

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5. The following requirements of the federally mandated NPDES program National Pollutant Discharge Elimination System) shall be complied with as appropriate, or as required by the City Engineer:
a. Prior to issuance of permits for building, site improvements, or landscaping, the developer shall submit a permit application consistent with the developer' s approved Storm Water Control Plan, and include drawings and specifications necessary for construction of site design features, measures to limit directly connected impervious area, pervious pavements, self- retaining areas, treatment BMPs, permanent source control BMPs, and other features that control storm water flow and potential storm water pollutants.
b. The Storm Water Control Plan shall be certified by a registered civil engineer, and by a registered architect or landscape architect as applicable. Professionals certifying the Storm Water Control Plan shall be registered in the State of California and submit verification of training, on design of treatment measures for water quality, not more than three years prior to the signature date by an organization with storm water treatment measure design expertise ( e. g., a university, American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, or the California Water Environment Association), and verify understanding of groundwater protection principles applicable to the project site ( see Provision C.3.i of Regional Water Quality Control Board Order R2 2003 0022). c. Prior to building permit final and issuance of a Certificate of Occupancy, the developer shall submit, for review and approval by the City, a final Storm Water BMP Operation and Maintenance Plan in accordance with City of Antioch guidelines. This O&M plan shall incorporate City comments on the draft O&M plan and any revisions resulting from changes made during construction. The O& M plan shall be incorporated into the CC& Rs for the Project.
d. Prior to building permit final and issuance of a Certificate of Occupancy, the developer shall execute and record any agreements identified in the Storm Water Control Plan which pertain to the transfer of ownership and/ or long-term maintenance of storm water treatment or hydrograph modification BMPs.
e. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner.
f. Collect and convey all storm water entering, and/ or originating from, the site to an adequate downstream drainage facility without diversion of the B14
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watershed. Submit hydrologic and hydraulic calculations with the Improvement Plans to Engineering Services for review and approval. g. Prior to issuance of the grading permit, submit proof of filing of a Notice of Intent ( NOI) by providing the unique Waste Discharge Identification Number( WDID#) issued from the Regional Water Quality Control Board. h. Submit a copy of the Storm Water Pollution Prevention Plan ( SWPPP) for review to the Engineering Department prior to issuance of a building and/ or grading permit. The general contractor and all subcontractors and suppliers of materials and equipment shall implement these BMP' s.

Construction site cleanup and control of construction debris shall also be addressed in this program. Failure to comply with the approved construction BMP may result in the issuance of correction notices, citations, or a project stop work order.
i. Install appropriate clean water devices at all private storm drain locations immediately prior to entering the public storm drain system. Implement Best Management Practices ( BMP' s) at all times.
j. Install on all catch basins " No Dumping, Drains to River" decal buttons. k. If sidewalks are pressure washed, debris shall be trapped and collected to prevent entry into the storm drain system. No cleaning agent may be discharged into the storm drain. If any cleaning agent or degreaser is used, wash water shall be collected and discharged to the sanitary sewer, subject to the approval of the sanitary sewer District.

I. Include erosion control/ storm water quality measures in the final grading plan that specifically address measures to prevent soil, dirt, and debris from entering the storm drain system. Such measures may include, but are not limited to, hydro seeding, gravel bags and siltation fences and are subject to review and approval of the City Engineer. If no grading plan is required, necessary erosion control/ storm water quality measures shall be shown on the site plan submitted for an on-site permit, subject to review and approval of the City Engineer. The developer shall be responsible for ensuring that all contractors and subcontractors are aware of and implement such measures. m. Sweep or vacuum the parking lot(s) a minimum of once a month and prevent the accumulation of litter and debris on the site. Corners and hard to reach areas shall be swept manually.
n. Ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked B15
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mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered.
o. Clean all on-site storm drain facilities a minimum of twice a year, once immediately prior to October 15 and once in January. Additional cleaning may be required if found necessary by City Inspectors and/ or City Engineer.

6. Per State Regulations, all impervious surfaces including off- site roadways to be constructed as part of the project, are subject to C.3 requirements.

7. Defined emergency spillway shall be included in the bioretention basin' s design to convey potential overflow due to large storm events from the basin and mitigate flooding on adjacent properties and an Operations and Maintenance Manual shall be submitted for basins.

N. PARCEL MAP REQUIREMENTS

1. The parcel map for condominium purposes submittal shall include all of the required information described in Title 9, Chapter 4, Article 5: Final Maps, of the Antioch Municipal Code, including, but not limited to:
a. Improvement security in one of the following forms:

Bond or bonds issued by one or more duly authorized corporate securities in an amount equal to 100% of the total estimated costs of the improvements for faithful performance, and in an amount equal to 100% of the total estimated costs of the improvements for labor and materials.
ii. A deposit, either with the city or a responsible escrow agent or trust company, at the option of the City Engineer, of money or negotiable bonds of the kind approved for securing deposits of public moneys, in the amounts and for security as specified above, to be released in the same manner as described above for bonds.
iii. An irrevocable letter of credit in form acceptable to the City Attorney issued by a financial institution acceptable to the City Attorney in an amount equal to 100% of the total estimated costs of the improvements for faithful performance, no part thereof to be released until such time as specified by state law. b. An original, signed improvement agreement, to be executed by the developer, guaranteeing the completion of the construction of the B16
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improvements required by the governing body within a specified time and payment therefore, satisfactory to the City Attorney as to legality and satisfactory to the City Engineer as to amount.
c. A letter from the Tax Collector showing that all payable taxes have been paid and a bond for the payment of taxes then a lien but not yet payable, as required by the Subdivision Map Act.
d. A cash payment, or receipt therefore, of all the fees required for the checking and filing of the maps and the inspections of the construction; payment for the street signs to be furnished and installed by the city, if required by the developer; a cash deposit for the payment of such fire hydrant rental fees as may be established by the respective fire districts or water company or district having jurisdiction; and any other applicable fees or deposits.
e. Deeds for the easements or rights- of-way for road purposes map. f. Written evidence acceptable to the city, in the form of rights of entry or permanent easements across private property outside the subdivision, permitting or granting access to perform the necessary construction work and permitting the maintenance of the facility.
g. Agreements acceptable to the city, executed by the owners of existing utility easements within the proposed roads rights-of-way, consenting to the dedication of roads or consenting to the joint use of the rights- of-way as may be required by the city for the purpose use and convenience of the roads.
h. A surety bond acceptable to the city, guaranteeing the payment of the taxes and assessments which will be a lien on the property, as set forth in the Subdivision Map Act, when applicable.

Payment of map maintenance fee.
j. Payment of the assessment district apportionment fee, if applicable. k. Evidence of annexation into Police Services Fee CFD
Evidence of payment of Contra Costa County Flood Control District fees.
m. A preliminary soil report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations of every subdivision, as defined in Cal. Gov' t Code §§ 66490 and 66491. The B17
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preliminary soil report may be waived if the City Engineer shall determine that, due to the knowledge of such department as to the soil qualities of the subdivision, no preliminary analysis is necessary.

2. Concurrentwith, or prior to, submittal of the Final SubdivisionMap, the developer shall submit evidence of annexation into all required districts, including Community Facilities District and Lighting and Landscape District.

O. MITIGATION MONITORING AND REPORTING PROGRAM

1. The developer shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program for the Wild Horse Multifamily Project.

P. PROJECT SPECIFIC CONDITIONS

1. This approval applies to the following documents; a. Vesting tentative map for condominium purposes and final development plans and other design drawings dated received by the Community Development Department on October 30, 2020
b. Landscaping plans dated received by the Community Development Department on August 12, 2020
c. Su Property Design Guidelines dated received by the Community Development Department on October 30, 2020
d. Stormwater Control Plan for Su Property dated received by the Community Development Department on October 30, 2020.

2. Prior to the development of the project, the applicant shall secure a use permit and design review approval from the Planning Commission.

3. Developer shall record parcel map for condominium purposes prior to the issuance of a building permit.

4. Wild Horse Road extension shall be fully landscaped to the satisfaction of the City Engineer, prior to the issuance of the first building permit.

Improvements shall be full width ( both sides of street) for the full length of Wild Horse Road extension plus the adjacent unimproved street frontage areas. For the purpose of this condition, Wild Horse extension shall be definedasfromthe intersectionwith LeConteCircleupto and includingthe underpass of Highway 4.

5. Developer shall provide all the necessary signing, striping and street improvements along Wild Horse Road necessary to provide safe access to and from their proposed entrance. Improvements may include but not be B18
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limited to accessibility, safety signage, view corridors, safe pavement transitions, etc. The entrance shall be a " street cut" design.

6. No Parking Any Time ( R26) signage shall be installed per California MUTCD standards at locations along project frontage as approved by the City Engineer.

7. Stop sign shall be installed at driveway exits onto Wild Horse Road.

8. Street ' A', Street ' B', and all interior drive aisles between building units shall have a street width of 26', a minimum traffic index ( TI) of 6, and a minimum pavement thickness of 4" AC over 12" Class II AB.

9. Street ' A' and Street ' B' shall have 5' sidewalk on both sides of streets.

10. The parking lot striping and signing plan shall be approved by the City Engineer.

11. All parking spaces shall be double-striped and all parking lot dimensions shall meet minimum City policies and Antioch Municipal Code requirements.

12. The City of Antioch franchise waste hauler shall provide approval for the location of all trash enclosures, subject to the approval of the City Engineer.

Trash enclosures shall not be located within any easement areas. Trash bins shall not be stored in the required garage space for each unit.

13. Trash enclosures shall be screened with landscaping and painted to match the building design. The trash enclosure shall comply with AMC § 9- 5. 1401 Refuse Storage Area Design Guidelines. The trash enclosures shall be depicted on the Design Review application.

14. The applicant shall show a turning template on the site plan verifying that trucks can safely ingress, egress, and successfully maneuver throughout the site.

15. Prior to the issuance of the building permit for the construction of the 7th multifamily unit, open space/play area shall be constructed and completed.

16. As recommended by the Parks and Recreation Commission on October 21, 2021, the following conditionshall apply prior to the issuanceof the 1st building permit:

Park- in- lieu fees in the amount of$ 119, 700 shall be paid to the City of Antioch to meet the Project' s park land dedication obligation.

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