ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, April 23, 2024
Time: 5:45 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see the inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar A. Hernandez-Thorpe, Mayor Ellie Householder, City Clerk Monica E. Wilson, Mayor Pro Tem (District 4) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Michael Barbanica, Council Member District 2 Kwame P. Reed, Acting City Manager Lori Ogorchock, Council Member District 3 Thomas Lloyd Smith, City Attorney
ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].
ANTIOCH CITY COUNCIL -1- APRIL 23, 2024
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e- mail
address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
N
otice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, f
ill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
5:46
P.M. ROLL CALL – CLOSED SESSION – for Council Members – All Present
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) PUBLIC EMPLOYMENT – RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to California Government Code section 54957(b).
Direction provided to Human Resources Director and City Attorney
5:48
P.M. MOTIONED TO ADJOURN TO CLOSED SESSION
ANTIOCH CITY COUNCIL -2- APRIL 23, 2024
7:00 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – All Present
P
LEDGE OF ALLEGIANCE
7:01 P.M. RECESS
7:03 P.M. RECONVENED, ROLL CALL – All Present
MAYOR HERNANDEZ-THORPE OPENED THE MEETING IN MEMORY OF DAVID VASQUEZ AND LED A MOMENT OF SILENCE IN HIS MEMORY.
COUNCIL MEMBER BARBANICA REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE UP AGENDA ITEM #4 AND REGULAR AGENDA ITEM #6 TO BE HEARD AFTER AGENDA ITEM #2, APPROVED; 5/0
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. INTRODUCTION OF NEW CITY EMPLOYEES
2. PROCLAMATIONS
• Fair Housing Month, April 2024
• Arab America Heritage Month, April 2024
• Autism Acceptance Month, April 2024
• Proclamation Encouraging Youth to Vote
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamations.
4. PRESENTATION – National Library Week – Antioch Library Updates, presented by Contra Costa County Library Services Manager Gia Paolini
ANTIOCH CITY COUNCIL -3- APRIL 23, 2024
COUNCIL REGULAR AGENDA
6. DISCUSSION ITEM: JUST CAUSE DRAFT ORDINANCE
Direction provided to staff to bring back a draft ordinance Recommended Action: It is recommended that the City Council:
1) Review, discuss, and provide feedback to staff on the staff report; and
2) Direct staff to:
a) Add, delete, modify or retain provisions of the draft Just Cause Eviction Ordinance and return to the City Council for further review;
b) Prepare a final version of the Just Cause Eviction
Ordinance and introduce it at an upcoming city council
meeting;
or
c) Take no further action.
10:22 P.M. RECESS
10:27 P.M. RECONVENED – All Present
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
CONTRA COSTA COUNTY MOSQUITO & VECTOR CONTROL BOARD
ECONOMIC DEVELOPMENT COMMISSION
CO
UNCIL MEMBER BARBANICA REQUESTED A MOTION TO SUSPEND THE RULES TO
MOVE UP CONSENT CALENDER TO BE HEARD AS NEXT ORDER OF BUSINESS , APPROVED; 5/0
ANTIOCH CITY COUNCIL -4- APRIL 23, 2024
5. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 12, 2024 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 26, 2024 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR APRIL 9, 2024 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
D. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
F. INCLUSIONARY HOUSING ORDINANCE CONSULTANT CONTRACT
Reso No. 2024/55 adopted, 4/0/1 (Torres-Walker – Abstained) Recommended Action: It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to execute an agreement with PlaceWorks Inc. for a period of two years, for an amount not to exceed $149,480 to assist the City in preparing an inclusionary housing ordinance in a form approved by the City Attorney.
G. INCREASE OF PURCHASE ORDER WITH AMAZON BUSINESS SOLUTIONS Reso No. 2024/56 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving an increase to the purchase order with Amazon Business Solutions for $60,000 in Fiscal Year 2024 and $65,000 in Fiscal Year 2025 for various supplies.
ANTIOCH CITY COUNCIL -5- APRIL 23, 2024
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
M
OTION 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 10:58 p.m., 5/0
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 05/14/2024 COUNCIL MEETING TO BE HEARD]
COUNCIL REGULAR AGENDA
7. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON A FUTURE
PRESENTATION FROM THE ANTIOCH POLICE DEPARTMENT ON THE TOOLS AND
EQUIPMENT UTILIZED BY THE DEPARTMENT
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.
8. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON THE CREATION
OF A CITY COMMISSION FOR SENIORS
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.
ANTIOCH CITY COUNCIL -6- APRIL 23, 2024
COUNCIL REGULAR AGENDA – Continued
9. FUTURE PLANS FOR THE ANTIOCH POLICE CRIME PREVENTION COMMISSION
Recommended Action: It is recommended that the City Council direct staff to take one of the following actions:
• Initiate the candidate application process to fill the vacancies on the Police Crime Prevention Commission;
• Prepare an ordinance to dissolve the Police Crime Prevention Commission;
• Prepare a resolution for an ad hoc committee to propose the future mission and purpose of the Antioch Police Crime
Prevention Commission;
• Take no action.
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.
FAIR HOUSING MONTH
APRIL 2024
WHEREAS, the Fair Housing Act, enacted on April 11, 1968, enshrined into Federal Law the goal of eliminating racial segregation and ending housing discrimination in the United States;
WHEREAS, the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, and disability and commits recipients of federal funding to affirmatively further fair housing in their communities;
WHEREAS, the City of Antioch is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all;
WHEREAS, more than fifty years after the passage of the Fair Housing Act, discrimination persists, and many communities remain segregated;
WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to common sense of decency and fairness; and
WHEREAS, the City of Antioch is committed to affirmatively furthering fair housing and promoting equal access and choice in housing throughout the community.
NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby proclaim the month of April 2024 in the City of Antioch and to establish the City of Antioch as an inclusive community committed to fair housing, to promote appropriate activities by private and public entities, and to provide and advocate for equal housing opportunities for all residents and prospective residents of the City of Antioch.
APRIL 23, 2024
___________________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor
2.01 04-23-24
ARAB AMERICAN HERITAGE MONTH
APRIL 2024
WHEREAS, the City of Antioch proudly recognizes April 2024 as Arab American Heritage Month, honoring this community’s valuable contributions to our nation, state, and city in all aspects of society, setting fine examples of model citizens and public servants; WHEREAS, since first migrating to America in the 1880s, Arab Americans have brought their strong work ethic, dedication to education, and diversity in creed, adding strength to our democracy and national fabric. Today, nearly 3.7 million Americans are of Arab descent; WHEREAS, the San Francisco Bay Area is home to the 4th largest population of Arab Americans in the U.S., following the Detroit, New York, and Los Angeles Metropolitan Areas; WHEREAS, on January 3, 1959, George A. Kasem made history as the first Arab American elected to the U.S. House of Representatives representing California’s 25th District; WHEREAS, Farouk El-Baz, whose pioneering space photography made it possible for Apollo 15 to circle the moon with familiarity and precision and to understand arid terrain and locate groundwater resources; WHEREAS, Kathy Najimy, a household name, is an award-winning stage and screen actress, having starred in films such as Sister Act and Hocus Pocus and on television as the voice of Peggy Hill on the Emmy Award-winning animated series King of the Hill; WHEREAS, Helen Thomas, cited by the World Almanac in 1976 as one of the 25 Most Influential Women in America, served as White House correspondent for United Press International, covering every U.S. President from John F. Kennedy to Barack Obama; WHEREAS, Arab-Americans are designated “White” in the U.S. Census and thus not officially recognized as a minority, excluding them from the assistance of policies established to support such groups; WHEREAS, to ensure Arab Americans are fully represented, the Biden-Harris administration has finalized the addition of a new Middle Eastern and North African option for the 2030 census and other forms that ask for people’s race and ethnicity – a vital step to ensure that Arab Americans are seen, counted, and valued as the new policy is being made; WHEREAS, for over a century, Arab Americans have endured misrepresentation in the media, harmful, discriminatory policies, and bias and discrimination, including harassment, hate crimes, racist rhetoric, and violent attacks – recently, according to the Biden-Harris Administration, a Palestinian child was killed in his home, a young man was stabbed near a college campus, and a group of students shot for walking down a street; WHEREAS, as we honor the contributions and resilience of our Arab-American sisters and brothers, we must also acknowledge the pain being felt by so many Arab Americans as a result of the epic humanitarian crisis of Arabs in Gaza; WHEREAS, the trauma, death, and destruction in Gaza have claimed over 30,000 lives and injured more than 70,000 persons, including family and friends of Arab Americans across our Nation, including Antioch; and WHEREAS, as the 2nd most diverse city in the San Francisco Bay Area, we must acknowledge the need for humanitarian aid to Gaza, freeing the hostages taken during the October 7, 2023, Hamas terrorist attack on Israel, and an immediate ceasefire will allow Palestinians and Israelis to work towards lasting peace and coexistence well into the future.
NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby proclaim April 2024 as “Arab American Heritage Month” and call on Antioch residents to observe this month with relevant programs, activities, and reflections to create a more inclusive, just, and prosperous world for all.
APRIL 23, 2024
______________________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor 2.02
04-23-24
NATIONAL AUTISM ACCEPTANCE MONTH
APRIL 2024
WHEREAS, Autism is a developmental disability characterized by a range of challenges with social skills, speech, non-verbal communication, and repetitive behaviors;
WHEREAS, the symptoms of autism typically are present before age three and often accompanied by abnormalities in cognitive functioning, learning, attention, and sensory processing. Autism may affect anyone and does not discriminate by geography, class gender, or ethnicity;
WHEREAS, the incidence of autism in the United States is now reported to be 1 in 36, and is diagnosed in approximately 1 in 22 children in California as of 2023. Autism Spectrum Disorders are four more times more likely in boys than girls and is the fastest-growing serious disability in the United States;
WHEREAS, there is no known single cause for autism, although researchers believe there is a link between genetics and the environment; and there is no cure, but early detection and developmental intervention can greatly improve outcomes;
WHEREAS, autism has wide-ranging implications for the entire family, and it is critically important to educate parents, teachers, childcare providers, and healthcare professionals to recognize early signs of developmental delay and refer them to early intervention services to help them develop to their full potential; and
WHEREAS, the goal of Autism Acceptance Month is to spotlight the rising prevalence of autism foster understanding and inclusion; generate interest; support continued training, education, and research to identify the cause and the cure for this complex disability.
NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby proclaim the month of April 2024 National Autism Acceptance Month in the City of Antioch and encourage all residents to raise awareness, acceptance, and create a more inclusive environment for those affected by autism.
APRIL 23, 2024
___________________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor 2.03
04-23-24
PROCLAMATION
ENCOURAGING YOUTH TO VOTE
WHEREAS, the youth of our nation are a vital part of our future, and their participation in the democratic process is essential for a thriving and representative society;
WHEREAS, the act of voting is a fundamental right and responsibility of every citizen, and it is the cornerstone of our democracy;
WHEREAS, the energy, ideals, and innovation of our young people have the power to shape the direction of our nation and drive positive change;
WHEREAS, many challenges and issues facing our world today directly impact the lives and futures of our youth, including climate change, education, healthcare, and social justice;
WHEREAS, the voices and votes of our youth can influence public policy, elect leaders who champion their concerns, and create more inclusive and equitable society;
WHEREAS, it is crucial to inspire and empower our youth to engage in the electoral process, making informed decisions and participating in elections at the local, state, and national levels;
WHEREAS, voter registration, education, and accessibility are essential components in fostering youth participation in the democratic process;
WHEREAS, we urge young citizens in the City of Antioch to register to vote, stay informed about the issues that matter most to them, and cast their ballots in elections; and
WHEREAS, we recognize that the strength of our democracy lies in the engagement and active participation of our youth, and we commend their dedication to shaping a brighter future.
NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby proclaim our commitment to encourage and support the youth of the City of Antioch to exercise their right to vote. We call upon all community leaders, educators, parents, and organizations to provide the necessary tools and knowledge to our youth in the City of Antioch for informed and active participation in the electoral process.
APRIL 23, 2024
______________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor 2.04
04-23-24
BOARD / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
Phone: (925) 779-7009 OFFICE OF THE CITY CLERK200 H Street/P.O. Box 5007 [email protected] Antioch, CA. 94531-5007
https://bit.ly/COA-BC23 AntiochIsOpportunity.com
The City of Antioch urges residents to become involved in their local community! One way to do so is to serve on the various Boards, Commissions, and Committees. Any interested resident is encouraged to apply for the vacancies by 5:00 p.m. on the deadline below.
DEADLINE DATE: FRIDAY, APRIL 26, 2024:
CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD
o One (1) vacancy, expiring April 2026
DEADLINE DATE: FRIDAY, MAY 17, 2024:
ECONOMIC DEVELOPMENT COMMISSION
o Two (2) vacancies, expiring June 2025
o Three (3) vacancies, expiring June 2027
o One (1) Chamber of Commerce vacancy, expiring June 2027 To be considered for the vacancy position(s)
listed above, please fill out an application
available on the City’s website at
https://bit.ly/COA-BC23. Printed applications
are also available at Antioch City Hall, 200 H
Street, Antioch, CA.
Please return the completed application by the
deadline date listed above, by email to:
[email protected]. You can also drop off
the application (Attn: City Clerk), in the water
billing drop-off box outside Antioch City Hall.
Your interest and desire to serve our community can make a difference.
CONTRA COSTA COUNTY MOSQUITO &
VECTOR CONTROL BOARD OF TRUSTEES
One (1) Vacancy, expiring April 2026
Deadline Date: By 5:00 p.m., April 26, 2024
The City of Antioch encourages residents to become involved in their local community.
One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.
Purpose:
The Board of Trustees are officials appointed by their respective city councils to govern the Mosquito and Vector Control District knowledgeably and effectively. They serve without compensation for a term of two to four years and are highly dedicated to this community service.
Additional information regarding the responsibilities and duties are available online at www.contracostamosquito.com.
Qualifications:
To be eligible, you must be an Antioch resident and a Contra Costa County taxpayer who is at least 18 years old and interested in any of the following areas: public health, public policy, wetlands, farming, community education, finance, personnel, or land development.
Meetings:
The Board meets on the second Monday of every other the month starting January, at 7:00 p.m., and occasionally, it may be necessary to hold a special Board meeting.
Location:
Meetings are to be held at the District Office address, located at 155 Mason Circle, Concord.
If you are interested in pursuing volunteer positions with the City of Antioch, please complete an application and submit it via email to [email protected], or mail/deliver it to the Office of the City Clerk, by the deadline date mentioned above.
Applications must include your responses to the Questionnaire to be considered.
Applications are available on the City’s website at:
https://bit.ly/COA-BC23, and at the City Clerk’s Office.
ECONOMIC DEVELOPMENT COMMISSION
Two (2) Vacancies, expiring June 2025
Three (3) Vacancies, expiring June 2027
One (1) Chamber of Commerce Vacancy, expiring June 2027 Deadline Date: By 5:00 p.m., May 17, 2024
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.
Purpose:
Economic Development Commission serves in an advisory capacity to the City Council in matters pertaining to economic development issues within the City and makes recommendations to the City Council and staff regarding policies, regulations, marketing, development strategies and planning activities designed to enhance the City’s economic base and create quality jobs.
Committee Seats:
Seven (7) Members, 4-year terms.
o At least five (5) members shall be Antioch residents/electors. Non-resident members shall own or operate a business in the City of Antioch.
o Members with backgrounds in commercial real estate, marketing or investment banking are strongly preferred.
o Antioch Chamber of Commerce shall recommend one member.
Meetings:
Regular meetings are held at 6:00 p.m. in the Council Chambers, 200 H Street, Antioch CA.
First Tuesday in February, April, June, October, and December.
Third Tuesday in July.
First Tuesday on an as-needed basis only, in March, May, and November.
No Meetings are held during January or August
Additional Requirements:
Commissioners are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
Commissioners are required to complete a 2-hour online AB1234 Ethics training course within one year of their appointment.
Newly appointed and reappointed members are required to take an Oath of Office administered by the City Clerk.
To be considered for these volunteer position(s), a completed application must be emailed to:
[email protected], or mailed/delivered to the Office of the City Clerk, by the deadline date listed above. Applications are available on the City’s website at: https://bit.ly/COA-BC23, and at the City Clerk’s Office.
Contra Costa County Library
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS SUCCESSOR AGENCY/HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting March 12, 2024
7:00 P.M. Council Chambers
6:30 P.M. - CLOSED SESSION
Mayor Pro Tem Wilson called the Closed Session to order at 6:30 P.M., and Acting City Clerk Rosales called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock and Mayor Pro Tem (District 4) Wilson
Absent: Council/Agency Members District 1 Torres-Walker and Mayor Hernandez-Thorpe
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Wilson led the Pledge of Allegiance.
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: James Adams v. New Way Management Services, Veronica Dean, and City of Antioch, Superior Court of California Contra Costa County, Case No. MSC 20-01457.
PUBLIC COMMENTS None
ADJOURN TO CLOSED SESSION
Mayor Pro Tem Wilson adjourned to Closed Session at 6:32 P.M.
7:00 P.M. REGULAR MEETING
Mayor Pro Tem Wilson called the meeting to order at 7:02 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock and Mayor Pro Tem (District 4) Wilson
Absent: Council/Agency Members District 1 Torres-Walker and Mayor Hernandez-Thorpe
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Wilson led the Pledge of Allegiance.
A
04-23-24
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
March 12, 2024 Page 2 of 7
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, no reportable action.
1. PROCLAMATIONS
In Honor of Women's History Month, March 2024
Prescription Drug Abuse Awareness Month, March 2024
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council members present unanimously approved the Proclamations.
Mayor Pro Tem Wilson acknowledged all women in attendance.
Danielle Aubin, Patient Navigator for BAART Programs, accepted and thanked the City Council for the Prescription Drug Abuse Awareness Month proclamation.
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Acting Assistant City Manager Helfenberger introduced members of the Antioch Council of Teens who announced the following civic and community events:
JOIN THE ANTIOCH COUNCIL OF TEENS
meet on every second and fourth Wednesday, 4:30 P.M. 6:30 P.M., at the Antioch Water Park
Serve as representatives for teens in the community Visit us at: antiochca.gov/ACT For more information, email: [email protected].
TEEN MOVIE NIGHT March 26, 2024, at Maya Cinemas
Councilmember Ogorchock announced a Bunny Hop would be held on March 16, 2024, at the Antioch Marina and Gun Violence Prevention Workshops would be held on March 12, 2024, and March 25, 2024, at the Nick Rodriguez Community Center.
PUBLIC COMMENTS
Leslie May discussed allegations of misconduct involving an elected official, Interim Police Chief, and a mayoral candidate.
Councilmember Barbanica responded to allegations of misconduct.
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
March 12, 2024 Page 3 of 7
Lucy Meinhardt, Antioch resident, speaking on behalf of May We Gather, announced they would be hosting A National Pilgrimage event on March 16, 2024, at the El Campanil Theatre.
Manuel Sidrian requested the City seek law enforcement assistance from the CHP, Sheriff Department and Department of Justice.
Shannon Ackley requested the City work with local agencies to address retail theft and threatening behavior occurring because of large encampments located behind a retail center in Antioch. She also submitted written comments to the City Clerk.
Kathryn Wade discussed incidents involving her son and local law enforcement.
Patricia Granados expressed concern regarding individuals running for public office.
Melissa provided a history of actions taken by Council related to tasers for the Antioch Police Department (APD).
Fred Brown Jr. discussed an incident that occurred in his neighborhood involving the San Francisco and Antioch Police Departments and requested a copy of the police reports for this event. He offered his assistance to improve the APD.
Gabriel Makinano spoke in support of expanding youth programs at the Nick Rodriguez Community Center.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Barbanica reported on his attendance at the Community Development Block Grant (CDBG) Standing Committee meeting.
Mayor Pro Tem Wilson announced she would be attending the Delta Diablo meeting on March 13, 2024, and a Tri Delta Transit meeting next week.
None
3. PRESENTATION
Chairperson Jones and Committee Member Raulston
presented the 1 .
An unidentified speaker expressed concern regarding the number of reported sex crimes being inconsistent with the County. She requested a complete list of businesses funding Measure W.
Chairperson Jones responded that the number differential for reported sex crimes may be attributed to the City reporting by fiscal year.
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
March 12, 2024 Page 4 of 7
An unidentified speaker expressed support for allocating a portion of Measure W funding for improvements in Antioch's Opportunity Zones.
The City Council thanked the for the report.
4. CONSENT CALENDAR for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 13, 2024
B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 27, 2024
C. APPROVAL OF COUNCIL WARRANTS
D. APPROVAL OF SUCCESSOR AGENCY WARRANTS
E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
F.
G.
H.
I. SECOND READING ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH, CALIFORNIA, ADDING CHAPTER 4 TO TITLE 4 (PUBLIC
SAFETY) OF THE ANTIOCH MUNICIPAL CODE RELATING TO ORGANIZING OR
ADVERTISING STREET RACING, SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS (Introduced on February 27, 2024)
J. RESOLUTION NO. 2024/31 EXTENSION OF VESTING TENTATIVE SUBDIVISION MAP 9501 AND DESIGN REVIEW APPROVALS FOR CREEKSIDE VINEYARDS AT SAND CREEK (GP-19-06, PD-19-02)
K. RESOLUTION NO. 2024/32 CONSIDERATION OF A COOPERATIVE AGREEMENT
BETWEEN THE CITY OF ANTIOCH AND THE CONTRA COSTA TRANSPORTATION
AUTHORITY FOR THE L STREET PATHWAY TO TRANSIT BICYCLE AND
PEDESTRIAN IMPROVEMENT PROJECT FUNDED IN PART BY A SAFE STREETS AND ROADS FOR ALL GRANT (P.W. 234-15)
L. RESOLUTION NO. 2024/33 ANTIOCH MUNICIPAL RESERVOIR AQUATIC VEGETATION MANAGEMENT MAINTENANCE SERVICES AGREEMENT (P.W. 453- 2)
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
March 12, 2024 Page 5 of 7
M. RESOLUTION NO. 2024/34 AGREEMENT WITH WESTSIDE LANDSCAPE & CONCRETE, INC. FOR FIREBREAK MOWING AND DISKING SERVICES PROPOSAL NO. 988-0221-24A
N. RESOLUTION NO. 2024/35 SECOND AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH FOUNDRY CONSTRUCTION, INC. FOR THE MAINTENANCE SERVICE CENTER WAREHOUSE IMPROVEMENTS (P.W. 143-R)
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously approved the Council Consent Calendar with the exception of Items I, J and K, which were removed for further discussion.
Item I Councilmember Barbanica stated he did not believe the proposed ordinance would be effective in reducing sideshow activities.
Councilmember Ogorchock agreed and stated that the ordinance should have been strengthened to include remedies and larger fines.
An unidentified speaker agreed that fines should be included in the ordinance and suggested a dedicated line to report sideshow activities.
City Attorney Smith provided an overview of the ordinance.
Councilmember Ogorchock reiterated her request for violations carrying larger fines and also suggested a mechanism for reimbursing the City for diminished services caused by sideshows.
An unidentified speaker advocated for higher fines and elevating certain crimes to felonies.
An unidentified speaker reported that a nearby jurisdiction confiscated vehicles of those who participated in sideshows.
No action was taken on Item I.
Councilmember Barbanica offered an apology to staff for the effort they put into bringing the ordinance to Council.
Item J An unidentified speaker expressed concern regarding a capped well located on the land as well as an exploratory well drilling site directly to the south of the project.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council members present unanimously approved Item J.
Item K Unidentified speakers expressed safety concerns regarding access to the area for bicycles and pedestrians.
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
March 12, 2024 Page 6 of 7
In response to Councilmember Barbanica, Acting Director of Public Works/City Engineer Buenting identified funding sources for this project.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council members present unanimously approved Item K.
COUNCIL REGULAR AGENDA
5. PLANNING COMMISSION APPOINTMENT FOR ONE FULL-TERM VACANCY, 4- YEAR TERM, EXPIRING OCTOBER 2027
City Clerk Householder announced that Mayor Hernandez-Thorpe had nominated Seth Webber Corcoran to the Planning Commission for a 4-year term expiring October 2027 and read his biography.
RESOLUTION NO. 2024/36
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock, the City Council members present adopted a resolution appointing Seth Webber Corcoran to the Planning Commission for the one full-term vacancy, 4-year term, expiring October 2027.
Mr. Webber Corcoran thanked the City Council for the appointment.
City Clerk Householder administered the Oath of Office to Seth Webber Corcoran.
6. DISSOLVE THE HUMAN RIGHTS AND RACIAL EQUITY AD HOC COMMITTEE AND
PROVIDE DIRECTION TO STAFF ON THE FORMATION OF A NEW AD HOC
COMMITTEE OR STANDING COMMITTEE
In response to Councilmember Ogorchock, Acting City Manager Reed stated he did not recommend forming a new Ad Hoc Committee until staffing levels increased.
Councilmember Ogorchock suggested Council dissolve the Ad Hoc Committee and instead focus on developing human rights policies for the City through an ordinance. She noted that depending on what was brought forward, Council could consider forming another Ad Hoc Committee to review the matter.
Following discussion, Council consensus supported dissolving the Ad Hoc Committee and directed staff to create an ordinance focused on the development of human rights policies for the City
On motion by Councilmember Ogorchock, seconded by Mayor Pro Tem Wilson, the City Council members present dissolved the Human Rights and Racial Equity Ad Hoc Committee.
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY/HOUSING SUCCESSOR
Regular Meeting
March 12, 2024 Page 7 of 7
PUBLIC COMMENT
An unidentified speaker addressed allegations of Brown Act violations and advocated for affordable housing sustainable communities.
STAFF COMMUNICATIONS None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Ogorchock requested staff agendize consideration of funding traffic cameras in areas where sideshow activities frequently occurred.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously adjourned the meeting at 9:00 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Special/Regular Meeting March 26, 2024
7:00 P.M. Council Chambers
5:00 SPECIAL MEETING
Mayor Hernandez-Thorpe called the Special Meeting to order at 5:00 P.M., and Acting City Clerk Rosales called the roll.
Present: Council Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
SM-1.
City Attorney Smith introduced Outside Legal Counsel Guillermo A. Frias who gave a PowerPoint presentation recommending the City Council receive and file the report.
Allen Payton questioned if the City was currently considering the acquisition of any properties by Eminent Domain.
Mayor Hernandez-Thorpe explained this item was part of a package that included preliminary injunction, summary abatement and health and safety receivership.
In response to Councilmember Ogorchock, Mr. Frias explained statutory requirements and clarified that the adoption of a resolution of necessity authorizing filing of eminent domain would require a super majority vote.
In response to Mayor Hernandez-Thorpe, Mr. Frias explained that the acquisition of property for affordable housing would satisfy the public use requirement; however, it would be harder to receive approval for taking of property for market rate housing.
Mayor Hernandez-Thorpe thanked Mr. Frias for the presentation.
MOTION TO ADJOURN SPECIAL MEETING
Mayor Hernandez-Thorpe adjourned at 5:42 P.M.
B
04-23-24
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 2 of 9
6:00 P.M. - CLOSED SESSION
Mayor Hernandez-Thorpe called the Closed Session to order at 6:00 P.M., and Acting City Clerk Rosales called the roll.
Present: Council Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: James Adams v. New Way Management Services, Veronica Dean, and City of Antioch, Superior Court of California Contra Costa County, Case No. MSC 20-01457.
2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: Bullock v. City of Antioch, Superior Court of California Contra Costa County, Case No. MSC19-01331.
3. PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to California Government Code section 54957(b).
PUBLIC COMMENTS None
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
ADJOURN TO CLOSED SESSION
Mayor Hernandez-Thorpe adjourned to Closed Session at 6:02 P.M.
7:00 P.M. REGULAR MEETING
Mayor Hernandez-Thorpe called the meeting to order at 7:09 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 3 of 9
City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, City Council approved a settlement in the amount of $325,000, by a 4-1 vote with Councilmember Ogorchock voting no, #2 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, direction given to City Attorney; and, #3 PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER, direction given to Director of Human Resources and City Attorney.
COUNCILMEMBER BARBANICA REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE UP REGULAR AGENDA ITEM #4 TO BE HEARD AFTER AGENDA ITEM #1.
COUNCILMEMBER OGORCHOCK MADE A SUBSTITUTE MOTION TO MOVE REGULAR AGENDA ITEM #4 TO BE HEARD AFTER THE CONSENT CALENDAR ITEM #3. THE SUBSTITUTE MOTION FAILED 2/3 (BARBANICA, TORRES-WALKER, AND HERNANDEZ - THORPE-NO).
THE PREVIOUS MOTION BY COUNCILMEMBER BARBANICA TO SUSPEND THE RULES TO MOVE UP REGULAR AGENDA ITEM #4 TO BE HEARD AFTER AGENDA ITEM #1, WAS APPROVED; 5/0.
An announcement was made that translation services were available this evening.
1. INTRODUCTION OF NEW CITY EMPLOYEES
City Attorney Smith introduced Kevin Kundinger, Assistant City Attorney who thanked City Attorney Smith for the introduction.
COUNCIL REGULAR AGENDA
4. DISCUSSION ITEM: JUST CAUSE EVICTION ORDINANCE
City Attorney Smith introduced Assistant City Attorney Kundinger and Housing Specialist Pedroza, who presented the staff report dated March 26, 2024, recommending the City Council:
1) Review, discuss, and provide feedback to staff on the staff report and just cause eviction ordinances from other cities; and 2) Direct staff to: a) Prepare a just cause eviction ordinance for the City of Antioch; or b) Take no further action.
Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to two-minutes.
Teresa Farias, Antioch resident / Rising Juntos, Chipo Washington, Rising Juntos, Devin Williams, Silvia Angeles, Antioch resident / Antioch resident / Rising Juntos, Deborah Polk, Antioch resident / Rising Juntos, Gabi Rivas, Rising Juntos, Frank Sterling, Reimagine Antioch, Carmen Ponce, ACCE, Ethan Silverstein, California Center for Movement Legal Services / ACCE, Tachina Garrett, ACCE, Kamileh Miller, ACCE, Archie Brumfield, ACCE / Retired Navy Veteran, Francisco Torres, Reimagine Antioch, Eddie Gums, ACCE, Loren Dalbert, Bay Point resident / RCF Connects, Addison Peterson, Judith Ortiz,
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 4 of 9
Monument Impact, Shagoofa Khan, Monument Impact and Reverand Millie Phillips, Faith Alliance for Moral Economy / EBASE, spoke in support of a Just Cause for Evictions ordinance.
Several speakers made recommendations for items to be included in the ordinance.
Greg Terzakis, California Apartment Association, reported some items discussed this evening were duplicative of state laws and he encouraged Antioch to enforce those laws.
An unidentified speaker discussed the rental market in Antioch.
In response to Council, Assistant City Attorney Kundinger reviewed options the City could consider for ordinance.
Councilmember Ogorchock stated she wanted to ensure the ordinance would not impede upon the ability to sell their property.
In response to Councilmember Torres-Walker, Ethan Silverstein confirmed that the cities of Oakland and Richmond had strong ordinances.
Assistant City Attorney Kundinger explained that ordinance examples provided this evening were intended to provide a broad overview of different schemes other cities had taken.
In response to Mayor Hernandez-Thorpe, City Attorney Smith confirmed that an ordinance brought back to Council would stay within confines of a General Law City.
Following discussion, Council consensus directed staff to prepare a draft ordinance modeled after Bell Garden's ordinance that included considerations for IRS rules regarding owner- occupied homes, protections for tenants making repair requests, and the inclusion of relocation assistance fees.
Mayor Hernandez-Thorpe thanked Assistant City Attorney Kundinger for the presentation.
2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Acting Assistant City Manager Helfenberger announced the following civic and community event:
3 rd Annual Eggstravaganza & Rec Expo - March 30, 2024
PUBLIC COMMENTS
Travis Castle gave an overview of the Pathway to Humanity Program and provided Council with additional written comments.
Frank Sterling, Reimagine Antioch, Kelly Dumesnil, Brentwood resident, Isabella Klaus and Francisco Torres requested Council agendize a Ceasefire Resolution.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 5 of 9
Tim Barrow expressed concern regarding interactions he had with the Code Enforcement Division.
Gavin Payton, NAACP Youth Council, stated they supported ACCE and encouraged everyone to vote. He invited the public to attend the NAACP Officer Swearing-in event on May 25, 2024.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker announced the following meeting dates: Community Development Block Grant (CDBG) Standing Committee, March 28, 2024, and the Cannabis Standing Committee April 4, 2024. She supported a discussion on the creation of a new Ad Hoc Committee to work on Human Rights and Racial Equity policies. She reported on meetings she attended with city staff and the County Public Health Department.
Councilmember Barbanica announced that he would be attending the CDBG meeting.
Councilmember Ogorchock reported on her attendance at the League of California Cities Policy Committee meeting.
Councilmember Wilson reported on her attendance at the Delta Diablo meeting and announced Tri Delta Transit would be meeting on March 27, 2024.
Mayor Hernandez-Thorpe announced he would be attending Tri Delta Conference and CCTA subcommittee meetings. He reported on various meetings he attended on behalf of the City, including legislative week in Washington DC.
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 27, 2024
B. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 12, 2024
C. COUNCIL SPECIAL MEETING FOR MARCH 19, 2024 NO QUORUM
D. APPROVAL OF COUNCIL WARRANTS
E.
SWANSON, MAVERICK SWANSON, HARLEY SWANSON, KENNEDY SWANSON,
BILLIE SWANSON, SARAH SWANSON, AND TANIA SWANSON
F. 2023 ANNUAL HOUSING ELEMENT PROGRESS REPORT, HOUSING SUCCESSOR
ANNUAL REPORT AND PROGRESS REPORT FOR THE GENERAL PLAN
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 6 of 9
G. RESOLUTION NO. 2024/37 PEREGRINE TECHNOLOGIES CONTRACT
AGREEMENT
H. RESOLUTION NO. 2024/38 APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. F017 TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 04-5038F15 FOR
FEDERAL AID PROJECTS FOR THE ANTIOCH L STREET PATHWAY TO TRANSIT (P.W. 234-15)
I. RESOLUTION NO. 2024/39 AWARD OF AGREEMENT WITH GOLDEN GATE TRANS INC. FOR LANDSCAPING MATERIAL PURCHASES AND DELIVERIES
J. RESOLUTION NO. 2024/40 INCREASE TO THE PURCHASE ORDER WITH CORE
AND MAIN FOR THE PROCUREMENT OF WATER DISTRIBUTION MAINTENANCE
PARTS AND SUPPLIES
K. RESOLUTION NO. 2024/41 FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH CENTRICITY GIS, LLC FOR IMPLEMENTATION OF
CITYWORKS ASSET MANAGEMENT SOFTWARE
L. RESOLUTION NO. 2024/42 INCREASE TO THE PURCHASE ORDER WITH
BACKFLOW DISTRIBUTORS FOR THE PROCUREMENT OF WATER DISTRIBUTION
BACKFLOW PARTS AND SUPPLIES
M. RESOLUTION NO. 2024/43 APPROVAL OF A PURCHASE ORDER WITH BADGER METER, INC. FOR WATER METERS AND REPAIR PARTS
N. RESOLUTION NO. 2024/44 ACCEPTANCE OF WORK AND NOTICE OF
COMPLETION FOR THE MAINTENANCE SERVICE CENTER WAREHOUSE IMPROVEMENTS (P.W. 143-R)
O. RESOLUTION NO. 2024/45 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FISCAL YEAR 2024/25 AND REQUESTING THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT
AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PROGRAM
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of Item F, which was removed for further discussion.
Item F An unidentified speaker expressed concern that the 2023 Annual Housing Element Progress Report was not a regular agenda item and the applications received did not include affordable housing units.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 7 of 9
Councilmember Ogorchock reviewed Attachment A of the staff report and stated she was interested in seeing more affordable housing projects in Antioch.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously approved Item F.
COUNCIL REGULAR AGENDA Continued
5. APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT 800 WEST 2ND STREET, ANTIOCH, CA (APN 066-091-017); AUTHORIZING ACTING CITY
MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH SKEJUL, LLC; APPROVING CERTAIN RELATED ACTIONS; AND MAKING CEQA EXEMPT FINDINGS
Director of Economic Development Reed presented the staff report dated March 26, 2024 recommending the City Council adopt a resolution approving the purchase of the real property located at 800 W. 2nd Street, Antioch, California (APN 066-091- the Acting City Manager or designee to execute the Purchase and Sale Agreement and Joint Escrow Instructions with SKEJUL, LLC for purchase of the Property with a purchase price in the amount of $1,830,000.00 plus closing costs and fees, and take all related actions necessary to complete the acquisition; and making a finding that the purchase of the Property is found to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA).
An unidentified speaker suggested as an alternative, the City invest in 501 Auto Center for the location of an affordable housing project and the Public Safety and Community Resources Department.
An unidentified speaker urged staff to document the graffiti on walls of the current Public Safety and Community Resources building on 10th Street, for historical record.
Councilmember Torres-Walker commented that after purchasing this property there should be sufficient funds remaining to consider the acquisition of 501 Auto Center Drive for the purpose of creating housing with resources on site for She
requested that item be agendized for discussion.
Councilmember Ogorchock commented that purchasing this building with no data or budget would be fiscally irresponsible. She suggested reorganizing one of the community centers for the Public Safety and Community Resources Department. She discussed the possibility of allocating funding to create housing for the unhoused on another property.
Councilmember Barbanica spoke in support of the purchase of the W. 2nd Street property noting that the City was lacking space for employees, and this was an opportunity to expand to a location adjacent to City Hall. He also supported selling the 10th Street property for market value.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 8 of 9
RESOLUTION NO. 2024/46
On motion by Councilmember Barbanica, seconded by Councilmember Torres-Walker, the City Council adopted a resolution approving the purchase of the real property located at 800 W. 2nd Street, Antioch, California (APN 066-091-
or designee to execute the Purchase and Sale Agreement and Joint Escrow Instructions with SKEJUL, LLC for purchase of the Property with a purchase price in the amount of $1,830,000.00 plus closing costs and fees, and take all related actions necessary to complete the acquisition; and making a finding that the purchase of the Property is found to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA). The motion carried the following vote:
Ayes: Torres-Walker, Barbanica, Wilson, Hernandez-Thorpe Noes: Ogorchock
PUBLIC COMMENT
An unidentified speaker requested Council consider purchasing 501 Auto Center Drive for development of affordable housing.
An unidentified speaker suggested Council invest in affordable housing.
STAFF COMMUNICATIONS None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Wilson requested Council revisit the mural program. She apologized to Councilmember Torres-Walker regarding the previous dissolution of the Human Rights and Racial Equity Ad Hoc Committee and requested the item come back for discussion.
Councilmember Torres-Walker requested staff agendize a resolution supporting a ceasefire and reiterated her request for a discussion item for the acquisition of 501 Auto Center Drive. She expressed concern regarding political posturing, discussed accomplishments of Council and asked for the support.
Councilmember Ogorchock requested the following items be agendized for consideration: an additional Veterans parking spot at City Hall, renovations of Antioch Police Department Dispatch, establishment of an Antioch CORE Team and the hiring of a federal lobbyist.
Councilmember Torres-Walker invited the community to the CDBG Standing Committee meeting.
Mayor Hernandez-Thorpe thanked everyone for attending the meeting.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Special/Regular Meeting
March 26, 2024 Page 9 of 9
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously adjourned the meeting at 10:02 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
- -2
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
SUBMITTED BY:
SUBJECT:
RECOMMENDED ACTION
FISCAL IMPACT
DISCUSSION
ATTACHMENT
5D
5E
F
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Zoe Merideth, Planning Manager
APPROVED BY:Kevin Scudero, Acting Community Development Director SUBJECT: Inclusionary Housing Ordinance Consultant Contract
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to execute an agreement with PlaceWorks Inc. for a period of two years, for an amount not to exceed $149,480 to assist the City in preparing an inclusionary housing ordinance in a form approved by the City Attorney.
FISCAL IMPACT
Funding for this contract is included in the adopted FY2023-25 Community Development General Fund budget.
DISCUSSION
At the direction of the City Council, the Planning Division is beginning work on an Inclusionary Housing Ordinance (IHO). An IHO is a policy that jurisdictions use to further the development of affordable housing and is used in hundreds of communities across the country.
As of 2018, over 170 California cities and counties have inclusionary policies. In the context of an IHO
purchase or rent by households meeting specific income requirements. With an IHO, a developer of a new market rate housing project would be required to set aside a certain percentage of the housing units for affordable housing. Under state law, t is not limited
to, in-lieu fees, land dedication, or rehabilitation of existing units. As part of the IHO, the percentage of units that would be required to be affordable would be determined through an economic feasibility study.
At the November 22, 2022 City Council meeting, at the request of City Council, staff gave an informational presentation about inclusionary housing policies that provided general Antioch City Council Report
April 23, 2024 Agenda Item #F 2
information about an IHO, state laws regarding inclusionary housing ordinances, and the general structure of an IHO.
In January 2023, the City Council adopted the th Cyle Housing Element Update.
The Housing Element includes Policy 2.1.10, which states:
Initiate a feasibility study for an inclusionary housing ordinance for City Council consideration. The ordinance would generally require that the development of new market-rate housing units include a percentage of units that are affordable at specific income levels or that in-lieu payment be made.
The revenue generated from in-lieu fees would be used to generate funding for the development of affordable housing in the city. Funds collected from in-lieu fees could be used for the following purposes:
New construction of affordable housing.
Acquisition/rehabilitation of housing and addition of affordability covenants.
Permanent supportive housing/transitional and emergency shelters.
Down payment assistance program.
Rental assistance programs.
On February 1, 2024, the City issued a Request for Proposal (RFP) for the preparation of an IHO, including a financial feasibility study and community outreach program. The RFP was sent out to seven consulting firms . The City received responses from Lisa Wise Consulting and PlaceWorks, Inc. City staff reviewed the proposals and conducted interviews with both firms. Staff also called references for the firms. Based on the submitted proposals, interviews, and reference checks, PlaceWorks, Inc. was selected as the best qualified firm.
ATTACHMENTS
A. Resolution
B. Proposal for Services
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AN AGREEMENT WITH PLACEWORKS, INC. TO ASSIST THE CITY IN PREPARING AN
INCLUSIONARY HOUSING ORDINANCE
WHEREAS, California State law requires the adoption of a Housing Element to identify housing opportunities within a city;
WHEREAS, the City of Antioch’s 6th Housing Element includes Policy 2.1.10 which states in part that the City shall initiate a feasibility study for an inclusionary housing ordinance for City Council consideration;
WHEREAS, a Request For Proposal (RFP) was issued on February 1, 2024 for the development of an inclusionary housing ordinance for the City; and
WHEREAS, of the two firms that submitted proposals, the PlaceWorks Inc. proposal best satisfied all requirements of the RFP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch authorizes the Acting City Manager to execute an agreement with PlaceWorks Inc. for a period of two years, for an amount not to exceed $149,480 to assist the City in preparing an Inclusionary Housing Ordinance in a form approved by the City Attorney.
* * * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 23rdday of April 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT A
A1
ATTACHMENT B
B1
B2
O R A N G E C O U N T Y • B A Y A R E A • S A C R A M E N T O • C E N T R A L C O A S T • L O S A N G E L E S • I N L A N D E M P I R E www.PlaceWorks.com
Prepared by: PlaceWorks
B3
Proposal for Services • PLACEWORKS i
TABLE OF CONTENTS
1. COVER LETTER 1
2. FIRM PROFILE 3
3. PROJECT TEAM 5
4. WORK APPROACH 7
5. EXPERIENCE 9
Inclusionary Housing Experience ........................................................... 9 Other Housing Experience ................................................................... 10 Experience in Antioch and the Region ................................................ 10
6. SCOPE OF WORK 13
7. SCHEDULE AND DELIVERABLES 19
8. REFERENCES 21
9. COST ESTIMATE 23
10. INSURANCE 25
11. CITY CONTRACT 27
Proposed Modifications ....................................................................... 27 APPENDIX – RESUMES
B4
Table of Contents
ii CITY OF ANTIOCH • Inclusionary Housing Ordinance
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Proposal for Services • PLACEWORKS 1
1. COVER LETTER
March 7, 2024
Zoe Merideth, Acting Planning Manager
City of Antioch
200 H Street
Antioch, CA 94509
Subject: Inclusionary Housing Ordinance
Dear Zoe:
Please accept the attached submittal as PlaceWorks’ proposal to prepare the Inclusionary Housing Ordinance for the City of Antioch.
PlaceWorks is a 100% employee-owned planning, design, and environmental consulting firm, with approximately 140 employees in six offices. Serving both public- and private-sector clients throughout the state, PlaceWorks provides comprehensive planning, housing, environmental review, urban design, community outreach and Geographic Information Systems (GIS) services. Our multidisciplinary team thrives on working with communities to tackle problems and develop workable solutions.
PlaceWorks has extensive experience in Antioch, having recently completed the City’s General Plan Policies and Zoning Ordinance Standards for Infill Housing and Single-Family and Missing Middle Objective Design Standards projects. We also led the Pittsburg/Bay Point Community-Based Transportation Plan, which includes portions of Antioch. Finally, PlaceWorks is managing the Contra Costa County General Plan Update, Climate Action Plan, Objective Design Standards, Zoning Support, and EIR project.
We also have a specialty practice in housing that includes both technical assistance offered to and through the State Department of Housing and Community Development and preparation of local Housing Elements and Housing Element implementation measures. We have recently worked on five separate inclusionary housing ordinances, and we would be honored to add the City of Antioch to this list.
Please do not hesitate to contact me if you need more information. The PlaceWorks team looks forward to working with you on this interesting and challenging project.
Respectfully submitted,
PLACEWORKS
David Early, FAICP, LEED AP
Senior Advisor
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Cover Letter
2 CITY OF ANTIOCH • Inclusionary Housing Ordinance
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Proposal for Services • PLACEWORKS 3
2. FIRM PROFILE
PlaceWorks is highly qualified to prepare the City of Antioch Inclusionary Housing Ordinance. This chapter gives an overview of the firm. Additional information regarding staff to be assigned and relevant past and current projects are contained in Chapters 3 and 5 of this proposal, respectively. Additional materials are available upon request.
PlaceWorks is a 100% employee-owned planning, design, and environmental consulting firm. The firm serves both public- and private-sector clients in the fields of comprehensive planning, urban design, landscape architecture, environmental analysis and sciences, and GIS. Founded in 1975, PlaceWorks now employees a staff of approximately 140 people in six offices. We will conduct this project primarily from our office in Berkeley, which has served the City of Antioch on several previous projects, with support from our staff in Folsom and Santa Ana.
PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally. We are also passionate about how we work with our clients. PlaceWorks brings together people from diverse practice areas, offering best-of-all-worlds capability and connectivity.
Just as each place we work is distinctly different, so is our thinking.
As noted in the cover letter, PlaceWorks has a specialty practice in housing that covers both technical assistance offered to and through the State Department of Housing and Community Development as well as preparation of local Housing Elements and housing implementation programs. We have recently worked on five separate inclusionary housing ordinances, which gives us important experience for the Antioch effort.
PlaceWorks recently worked with the City of Antioch on the Strategic Infill Housing Analysis project. This experience gives us a strong understanding of planning and development issues in the city.
Finally, PlaceWorks offers an extensive practice in CEQA and environmental review, which gives us the ability to justify an exemption for this ordinance from full CEQA review, and to prepare a Negative Declaration or EIR in the unlikely event that a CEQA document is found necessary.
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Firm Profile
4 CITY OF ANTIOCH • Inclusionary Housing Ordinance
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3. PROJECT TEAM
PlaceWorks offers a highly qualified team of staff members to prepare the Inclusionary Housing Ordinance for the City of Antioch. This chapter describes each of our key personnel who will be assigned to the project. Resumes for the staff identified in this chapter are included in the appendix at the end of this proposal.
David Early, FAICP, LEED AP, Senior Advisor
David will serve as Principal-in-Charge and will ensure that all products are produced on-time, on-budget, and meet the highest standards of quality. Additionally, he will be available to facilitate public workshops and critical meetings throughout the process. David is renowned throughout California as an expert on smart growth and sustainable development, with work in the fields of comprehensive planning, housing, plan implementation, public participation, urban design, transportation, and environmental review. His work spans diverse fields such as downtown revitalization, transit-oriented development, affordable housing, bicycle planning, GHG reduction, and agricultural preservation. David is an expert facilitator, and he has helped numerous groups achieve consensus on difficult development and conservation issues. He also has extensive knowledge of GIS planning concepts and has overseen the application of GIS to a number of major projects.
David is currently leading PlaceWorks projects on inclusionary housing issues in Hollister and Tracy.
David has over 35 years of experience in planning and design and has master’s degrees in both Architecture and City Planning. He founded Design, Community & Environment in Berkeley in 1991; the firm became part of PlaceWorks in 2005. David is a member emeritus of the California Planning Roundtable, whose mission is to promote creativity and excellence in planning by providing leadership in addressing important planning issues in California. He is a frequent speaker and teacher, and his work has won awards at the local, State, and national levels. David was inducted as a Fellow of the American Institute of Certified Planners (FAICP) in 2020 and named a Planner Emeritus Network Honoree in 2019.
Greg Goodfellow, Senior Associate
Greg will serve as the Project Manager and will be responsible for the day-to-day management of the project, as well as for maintaining regular contact with City staff, facilitating workshops, and attending all project meetings. Greg’s career at PlaceWorks has focused on comprehensive planning, infill housing, and, most recently, implementing programs, policies, and ordinances included in Housing Element updates.
These include inclusionary housing ordinances, objective design standards, and strategic upzonings.
Greg is currently managing the City of Hollister and City of Tracy Inclusionary Housing Ordinances, recently managed the Downtown Oakland Specific Plan rezoning process, and has prepared Objective Standards for the cities of Pacifica and Sunnyvale and Contra Costa County. His community outreach experience includes tri-lingual neighborhood meetings for golf course re-use projects in San Jose and numerous Community- Based Transportation Plans, to regional workshops and survey efforts for the Bay Area Rapid Transit (BART) to Livermore Extension Outreach project. Greg has become an effective leader by managing projects at the intersection of State law, regional strategy, county management, and local policy.
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Steve Gunnells, Chief Economist
Steve will serve as Project Economist and will lead pro forma and market analyses for the project. Steve focuses on crafting plans, policies, and development projects that are grounded in regional and global economic realities. Steve’s career spans the spectrum of community planning and economic development.
As PlaceWorks’ in-house economist, he helps our clients leverage market forces and uses his grasp of economics and real estate markets to help communities create visionary plans that capitalize on future possibilities, not just past trends.
Steve’s recent, relevant project experience includes inclusionary housing feasibility studies for the cities of Fountain Valley, Calimesa, and Hollister; on-call economic services, including Inclusionary Housing Studies, under contract to the Western Riverside Council of Governments; and economic, market, and/or fiscal analysis for vast majority of PlaceWorks-led general plans statewide—more than five dozen since 2007.
Steve has served as the field director for a consulting team on a World Bank project in Yemen, an Economic Development Fellow with the International Economic Development Council, a County planning director in Virginia, and a planning and economic consultant in Michigan and Ohio.
Angelica Garcia, Associate
Angelica Garcia, Associate, will serve as the key planning staff and will provide outreach, analysis, and translation services for the project. Angelica has experience working on a wide range of planning projects, including general plans, neighborhood plans, community outreach campaigns, housing elements, objective design standards, and zoning code updates. She is a seasoned, bilingual facilitator who recently organized a community workshop for the City of Hollister Inclusionary Housing Ordinance. She brings a wide variety of skills through her experience in the private and public sectors. Angelica recently worked on the Vacaville Comprehensive Housing Analysis and Strategy, as well as the Soledad General Plan Update, the San Mateo General Plan Update, and three Neighborhood-focused Housing Action Plans for the City of Stockton.
Prior to joining PlaceWorks, Angelica worked as a planner in the public sector for the City of Vacaville and City of Buena Park, where she gained valuable experience in policy implementation, zoning, land use entitlements, and community planning. In those roles, she collaborated closely with community members and industry professionals regarding land use design and entitlements.
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4. WORK APPROACH
PlaceWorks’ approach to the project is shown through our scope of work contained in Chapter 6 of this proposal. We propose a comprehensive approach that includes both rigorous technical analysis and extensive stakeholder and community engagement.
Key aspects of our approach include:
Full financial analysis of six separate Antioch-specific development scenarios (instead of just three as requested in the RFP) to assess the effects that inclusionary housing requirements would have on the local residential development climate.
Creation of a staffing plan to show how the City can administer the inclusionary housing program and the associated costs.
A legally defensible fee study to support establishment of an in-lieu fee that will cover both housing provision and program administration. This study is not legally required to conform to the specifications for an AB 1600 Nexus Study, but it will provide all needed information to set a fee that is both legal and fair.
A full outreach and engagement program that exceeds the specifications of the RFP, including preparation of a detailed community engagement strategy, interviews with both developers and other stakeholders, a project website, a community workshop, and a total of four study sessions and hearings before the Planning Commission and City Council.
Translation of all meeting materials into Spanish and Spanish-language interpretation at the community workshop.
Development of a comprehensive inclusionary ordinance that complies with State law regarding inclusionary housing, including:
» AB 1505: HCD review and reporting thresholds
» Government Code §65915: inclusionary units and State Density Bonus » Government Code §655850: alternative compliance requirements » Government Code §65589.8: affordable rental construction option Documentation of a CEQA exemption, which should be appropriate for this ordinance under CEQA Guidelines 15061 (b) (3) which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment and has been used across the State for multiple inclusionary housing ordinances.
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5. EXPERIENCE
PlaceWorks is a 100 percent employee-owned planning, design, and environmental consulting firm that operates as a corporation with headquarters in Santa Ana. Work will be performed primarily by our office in Berkeley, with support from staff in our Folsom and Santa Ana offices.
PlaceWorks serves both public- and private-sector clients in the fields of housing, comprehensive planning, urban design, landscape architecture, environmental analysis and sciences, and geographic information systems (GIS). Founded in 1975, PlaceWorks now employees a staff of approximately 140 people in six offices.
Inclusionary Housing Experience
City of Hollister Inclusionary Housing Ordinance. Hollister has experienced residential growth as Bay Area households migrate in search of housing. The City decided to adopt an inclusionary housing ordinance requiring 20 percent affordable housing for all types of new housing development, with no in-lieu fee.
PlaceWorks led a bilingual inclusionary housing workshop to both educate residents about inclusionary ordinances and related legislation, and poll residents on preferred variables such as incentives and alternative compliance approaches. At the request of the City Council, we also assessed the benefits and liabilities of various alternative compliance options, such as in-lieu fees and off-site development.
PlaceWorks conducted a detailed feasibility analysis and is currently drafting a revised ordinance.
City of Tracy Affordable/Workforce Housing Study. PlaceWorks has been working with the City of Tracy to study issues surrounding the production of affordable and workforce housing. This work has included an evaluation of incomes, housing costs, and commute patterns in Tracy, followed by an evaluation of existing City policies and practices to identify the incentives intended to promote affordable and workforce housing. We most recently completed an analysis, similar to the one foreseen in Antioch, explaining options for, and offering a preliminary feasibility assessment of, an inclusionary housing program. As part of this analysis, PlaceWorks interviewed housing and planning staff of numerous Bay Area jurisdictions and reviewed various local housing plan audits to assess staffing, training and costs needed to support such a program. This project has also included two community workshops, stakeholder meetings with local housing developers, and approximately a dozen 1:1 interviews with nonprofit and for-profit affordable housing developers.
Fountain Valley Inclusionary Housing Ordinance. The Regional Housing Needs Assessment (RHNA) allocation for Fountain Valley, a nine-square-mile city with about 57,000 residents and almost no vacant land, increased by 1,300 percent in the current housing cycle. To ensure that extremely scarce affordable housing sites identified in the Housing Element are not squandered, the City asked PlaceWorks to develop an inclusionary housing ordinance as an outgrowth of our work on the General Plan update. 2019-2027 Mendocino County Housing Element Update. The PlaceWorks team prepared the County of Mendocino’s 6th Cycle Housing Element update, which included an evaluation of existing housing programs; a housing needs analysis; identification of housing resources and opportunities; housing constraints analysis update; and housing goals, policies, programs, and quantified objectives updates.
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City of Laguna Beach Inclusionary Housing Program. PlaceWorks staff served on the City of Laguna Beach’s affordable housing task force, researching the impacts of the lack of affordable housing in the community and recommended proposed revisions to the City’s inclusionary program to require provision of affordable units or payment of an in-lieu fee for certain multifamily housing projects.
City of Los Angeles Affordable Housing Linkage Fee Nexus Study. By 2016, high-housing cost Los Angeles had yet to establish a permanent source of local funding for affordable housing or adopt an inclusionary housing ordinance. PlaceWorks, as a subconsultant to BAE Urban Economics (BAE), helped complete a Nexus Study (Study) to inform an Affordable Housing Linkage Fee. The Study calculated the cost of mitigating new affordable housing demand attributable to new commercial and residential development.
The team estimated the density of low-wage workers in different industries, linked those industries to different commercial land uses, and then calculated the financing needed to develop affordable units for the new workers. The results indicated that a modest linkage fee would not significantly affect the feasibility of future residential or commercial development. PlaceWorks led a series of stakeholder meetings with business, development, and affordable housing leaders throughout the development of the Study.
Other Housing Experience
Housing Elements. PlaceWorks has extensive experience with preparing housing elements for small and large cities and counties, as well as for urban and rural communities, and has significant experience with collecting and analyzing data. We have assisted more than 100 jurisdictions with the preparation of their State-mandated housing elements, through which we have developed close working relationships with California Department of Housing and Community Development (HCD) staff over the course of more than 15 years.
Senate Bill 2 and LEAP/REAP Technical Assistance. PlaceWorks has also provided technical assistance to help launch and implement the Senate Bill (SB) 2 Planning Grants Program and the Local and Regional Accelerating Housing Production (LEAP/REAP) Program. For both these projects, PlaceWorks conducted outreach throughout the state and provided direct assistance to all of California’s 540+ cities and counties through 11 regional liaisons.
Experience in Antioch and the Region
Antioch General Plan Policies and Zoning Ordinance Standards for Infill Housing. PlaceWorks analyzed key, underutilized commercial sites within Antioch to assess the feasibility of allowing new multi-family residential and mixed-use development on these types of sites. Following this analysis, PlaceWorks worked with the City to amend Antioch’s General Plan and Zoning Ordinance to include new land use policies for “Commercial Infill Housing.” The amendment also included new development and design standards for a new zoning overlay district to incentivize and streamline development of new mixed-use or multifamily residential projects. As part of the process, PlaceWorks engaged the Economic Development Department, the development community, and other stakeholders in a transparent process to discuss how to improve project feasibility while maintaining high quality development. PlaceWorks also completed environmental analyses of each of the commercial sites.
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City of Antioch Single-Family and Missing Middle Objective Design Standards. As an extension of the General Plan and Zoning work, PlaceWorks created objective design standards for single-family homes, duplexes, triplexes, fourplexes and cottage courts. The document establishes a ministerial design review process and covers site design, building design, landscaping, lighting and neighborhood (subdivision) design, among other topics. To further streamline the housing approval process, a design review checklist for developers and city staff is provided as an appendix to the document. Compliance with the standards will lead to attractive projects and offer certainty to project applicants regarding local expectations of residential design and development.
Contra Costa County General Plan Update, Climate Action Plan, Zoning Support, and EIR. Contra Costa County, in the San Francisco Bay area, is a large and diverse county, encompassing farms and orchards, intact historic communities, high-density transit-oriented neighborhoods, suburban subdivisions, and extensive natural open space. Guiding development and conservation across this diverse landscape is challenging given the age of the County’s existing General Plan, which is still replete with the data, attitudes, and assumptions of the 1970s and 1980s. The County’s Zoning Code is even older, with major components that have been in place since the 1940s. This General Plan and Zoning Code Update is an opportunity to significantly streamline both documents and improve their accessibility and usability. The updated documents, along with a parallel Climate Action Plan, will reflect present-day issues like sustainability, resilience, and public health, while carrying forward enduring themes of compact growth, agricultural preservation, and economic vitality that remain strongly supported by Contra Costa County voters. The update process is organized around focused planning in dozens of distinct communities, and includes over 80 public meetings throughout the County, as well as online engagement tools to reach far- flung residents. PlaceWorks will also prepare a programmatic EIR covering the updated General Plan, Climate Action Plan, and Zoning Code. The project will conclude with clear statements of the County’s vision for its future and simplified and responsive regulations for development, contained in both a graphically-rich print version of the General Plan and an interactive online Plan to maximize access and understanding.
Contra Costa Transportation Authority Community-Based Transportation Plans (CBTPs). PlaceWorks recently completed CBTPs for the Richmond Area and Pittsburg/Bay Point, for CCTA. For both plans, PlaceWorks guided a diverse engagement process focusing on lower-income and transit-dependent communities. This included working with community-based organizations, social service organizations, community colleges and transit operators. The study area of the Pittsburg/Bay Point CBTP includes parts of the City of Antioch, and as a result PlaceWorks coordinated “pop-up” events at the Antioch Senior Center, where we discussed topics such as access to medical services and improving transit routing in residential neighborhoods. Each CBTP establishes locally identified “mobility gaps” and associated solutions. These include expanding fixed-route transit, installing transit-related capital improvements such as new bus shelters, installing new bicycle and pedestrian infrastructure, improving arterial intersections, and expanding paratransit programming.
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6. SCOPE OF WORK
This chapter describes the scope of services that PlaceWorks will complete for the City of Antioch’s Inclusionary Housing Ordinance. Our proposed scope of services closely follows the scope in the RFP, with some amplifications and additions.
Several components listed in the RFP for this chapter are contained elsewhere in this proposal:
Our proposed schedule and list of deliverables are shown in Chapter 7.
Our cost estimate (with breakouts per task) is contained in Chapter 8.
We are flexible regarding our proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. We also recognize that it may be necessary to alter the scope as the project progresses and would be happy to work with you to ensure the successful completion of the project.
Task 1. Project Administration
1.1 Project Kick Off Meeting
PlaceWorks will schedule a kick-off meeting with City staff to discuss the project expectations regarding coordination, deliverables, and project procedures. Our project budget assumes that this meeting will be held in person.
1.2 Project Schedule Development
PlaceWorks will fine-tune the project schedule shown in Chapter 7 to meet City needs. The schedule will include staff review of work products, public outreach meetings, Planning Commission and City Council study sessions, and public hearings. We understand that the City seeks to complete the project in one year, and we believe that this can be reasonably accomplished.
1.3 Project Management and Coordination
David Early and Greg Goodfellow will manage the project and meet with the City’s project manager on a regularly-scheduled basis to review progress on the project, so as to ensure that project objectives and milestones are met.
Task 2. Inclusionary Housing Ordinance
2.1 Examination of Data
PlaceWorks will gather and analyze data on existing housing and development conditions in Antioch and the region, including the cost to produce affordable and market rate housing, the existing market demand for housing, and existing affordable housing supply.
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2.2 Economic Feasibility Study
The Inclusionary Housing Ordinance must generate affordable housing without negatively impacting the development of market rate housing. PlaceWorks will develop several economic pro formas for inclusion in an Economic Feasibility Study to analyze the impacts of potential inclusionary housing requirements.
As requested in the RFP, the Economic Feasibility Study will:
Model the potential impacts and revenues associated with an Inclusionary Housing Ordinance.
Propose the percentages of each legally-recognized income range for which affordable housing would be generated by the Ordinance. These percentages will be based on an analysis of local needs, RHNA obligations, and the regional market.
Consider whether there should be differing inclusionary requirements for various residential prototypes found in the city. Recommendations will be based on recent construction activity and current development applications.
As requested in the RFP, the analysis will be based on several residential scenarios that are representative of the City. Although only three scenarios are requested in the RFP, we have scoped six scenarios to ensure a complete picture of the residential market in Antioch.
For each of the six scenarios, the analysis will include the following steps:
Identify the six prototypical residential development scenarios for analysis, which may include large- and small-lot single-family homes, townhomes, and apartments, and will include both for-sale and rental projects.
Calculate the costs to construct each development type.
Estimate likely sales prices or rent revenues for each development type.
Calculate surplus revenues (profit) that would result from the identified costs and revenues.
Calculate the number of affordable “set aside” units for various income levels that could be required of each project type without endangering project feasibility.
The analysis will be used to propose options for an inclusionary housing ordinance, including:
Application to for-sale vs. rental housing projects.
Income levels for “set aside” housing units required under a potential ordinance.
Minimum project size to which an ordinance would apply.
Requirements for on-site housing provision as compared to off-site construction.
Alternative compliance methods, including in-lieu fees, rehabilitation of existing units or other measures.
The results of this analysis will be published in a Residential Feasibility and Options Report that will also include:
Information on inclusionary programs in neighboring and/or comparable communities.
Identification of at least three overall inclusionary housing program options.
Forecasts of future housing production that would occur under the identified inclusionary program options.
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Identification of income levels that would most benefit from inclusionary housing (including maximum income level).
Identification of existing population segments that need deed-restricted affordable housing.
Information about anticipated costs for the City to administer an inclusionary program, including options for a staffing structure.
As requested under Task 2.3 in the RFP, the Residential Feasibility and Options Report will be completed in a format consistent with AB 1505 in case review by HCD is to occur. Please note, however, that the report could only be reviewed by HCD if the City decides on an inclusionary requirement greater than 15%.
The RFP mentions developer interviews as part of this task. We have included those interviews as part of our overall engagement work in Task 3 of this proposal.
2.3 Staffing Plan
Based on our experiences throughout the state, PlaceWorks will develop a staffing plan to administer the inclusionary housing program, which will account for needed staff time to administer the program, work with developers, identify potential housing sites, and ultimately spend all fees to be collected. Costs for needed staff time will be considered in setting fees in Task 2.4.
2.4 Fee Study
PlaceWorks will conduct additional financial analysis to determine the appropriate amounts of in-lieu fees, additional land dedication, acquisition and rehabilitation of existing units, and preservation of existing units that would be required to provide the same level of housing that would be required if inclusionary housing is provided on site as part of a development project.
PlaceWorks recommends that the amount of any in-lieu fee be set in a resolution to be adopted by the City Council that is separate from the ordinance itself. This will provide for later flexibility to change the fee as conditions change.
PlaceWorks will use the results of the feasibility analyses conducted in Task 2.2 to calculate the appropriate fee amounts. The required fees will cover both costs to build affordable housing as well as costs to administer the program.
The RFP describes this as a Nexus Study, which is the term generally applied to development impact fees adopted under AB 1600 (as amended). An Inclusionary Housing in-lieu fee is not a development impact fee so it does not require a full AB 1600 fee study.
The RFP also asks that this study consider off-site construction of affordable housing. We do not believe that an analysis of off-site construction is needed at this juncture, since we assume that the same number of units would be needed whether they are constructed on- or off-site. That said, the City might also make a policy decision to require more units off-site as a means to encourage on-site provision of inclusionary units. This will be considered during meetings with the Planning Commission and City Council.
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2.5 Recommendations for Inclusionary Housing Ordinance
Based on the results of community outreach in Task 3, examination of data, the Economic Feasibility Study conducted in Task 2.2, the Fee Study conducted in Task 2.3, and the Staffing Plan created in Task 2.5, PlaceWorks will provide recommendations for the Inclusionary Housing Ordinance. At a minimum, the recommendations will include:
Recommended housing types and tenures to which inclusionary requirements would be applied.
Required share of income categories to be served and required share of units to be set aside as affordable.
Recommended incentives, with pros and cons of each incentive.
Alternatives compliance methods.
Program structure and administration strategies.
Staffing needs to implement the proposed program.
2.6 Preparation of Inclusionary Housing Ordinance
PlaceWorks will prepare an administrative draft, public review draft, and final draft of the ordinance that include the following components:
Definitions.
Application to for-sale vs. rental housing projects.
Required percentages and income levels for “set aside” housing units.
Minimum project size to which the ordinance will apply.
Requirements for on-site housing provision as compared to off-site construction.
Alternative compliance methods, including in-lieu fees, rehabilitation of existing units, or other measures.
Task 3. Community Engagement
As requested in the RFP, PlaceWorks will develop and implement a robust community engagement program throughout the project. Engagement will occur at multiple junctures, but all engagement tasks are listed in this task for consistency with the RFP.
3.1 Community Outreach Strategy
PlaceWorks will develop a community outreach strategy to engage residents, the development community, and other stakeholders in the ordinance development process. The strategy will include methods to engage non-English speakers in the community; as noted below, we have included translation and interpretation as part of our scope.
As a minimum, the strategy will include the items listed in Tasks 3.2 through 3.5 below, which encompass the meetings, workshops and Planning Commission and City Council study sessions and hearings called out in the RFP. We may add additional components to the strategy thought discussions with City staff.
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3.2 Project Website
PlaceWorks will develop a webpage or website for the project, which could reside either on a stand-alone URL or become part of the City’s overall website. The website will include background information about the project, links to all reports we prepare, and information about upcoming meetings and how to become involved.
3.3 Stakeholder Interviews
PlaceWorks will conduct interviews with both developers and the development community as well as affordable housing advocates and community-based organizations (CBOs) to determine these groups’ interests, opinions and concerns in regard to a potential Inclusionary Housing Ordinance.
We will develop the list of potential interviewees and interview topics in consultation with City staff.
PlaceWorks will develop all needed materials for these interviews.
3.4 Community Workshop
PlaceWorks will plan and lead one community workshop for all members of the community with an interest in inclusionary and affordable housing. As with the stakeholder interviews, PlaceWorks will develop all needed materials for this meeting, including both a flyer to advertise the workshop and materials for us in the workshop.
We will provide all outreach and meeting materials in both English and Spanish and will conduct the workshop with bilingual facilitation and interpretation.
3.5 Planning Commission and City Council Study Sessions and Hearings PlaceWorks will prepare staff reports, exhibits, resolutions, ordinances, and presentations for two separate rounds of Planning Commission and City Council meetings. Our project budget assumes that we will attend these meetings in person.
We recommend that we first hold a pair of study sessions (one for each body) to review the results of Tasks 2 and 3, answer questions, and receive direction as to whether the City would like to proceed with an inclusionary housing program. These study sessions will consider the specifics of the ordinance, including topics such as, but not limited to:
Inclusionary requirements for various unit types and tenures (for sale vs rental) Alternative compliance methods to be included.
The relationship of an inclusionary ordinance to State Density Bonus and local density overall.
Staff resources required to support inclusionary housing and linkage fee programs.
Common responses to such ordinances from the builder and developer communities.
We will also prepare for, attend and present at two hearings (one before each body) to review and adopt the ordinance itself. PlaceWorks will support City staff in preparing for and conducting all hearings on the draft ordinance. This will include reviewing all staff prepared reports, exhibits, and presentations that staff will prepare for the Planning Commission and City Council.
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Task 4. Environmental Analysis
In this task, PlaceWorks will assist the City in complying with the California Environmental Quality Act as it applies to the inclusionary housing ordinance.
4.1 Environmental Determination
PlaceWorks will conduct an initial environmental review of the project and determine the appropriate environmental process. As noted in Chapter 4 of this proposal, we believe that the Inclusionary Ordinance will be found to be exempt from CEQA under CEQA Guidelines 15061 (b) (3), which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment and which has been used across the State for multiple inclusionary housing ordinances. We will confirm this approach during this task.
4.2 Exemption Notice
Assuming confirmation that the project is exempt from CEQA analysis, PlaceWorks will prepare a Notice of Exemption in compliance with CEQA to be published when the ordinance is considered by the Planning Commission and City Council, and for retention in City files. The Notice will explain the specific exemption(s) that apply and the reasons for their applicability.
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7. SCHEDULE AND DELIVERABLES
PlaceWorks’ proposed schedule for completion of the Inclusionary Housing Ordinance is shown in Figure 1.
As suggested in the City’s Q&A document, we anticipate that the project can be completed in about 14 months, to account for outreach events and Planning Commission/City Council agenda planning. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary.
PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients.
Over years of managing projects similar to the Inclusionary Housing Ordinance, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times:
We maintain an up-to-date schedule throughout the project, to ensure that all team members are aware of upcoming meetings and product due dates.
We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members.
We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports.
We limit subconsultants’ payments to specific milestones, so as to ensure that progress on the project is commensurate with billings.
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8. REFERENCES
As requested in the RFP, this chapter provides references for three current and recent PlaceWorks clients for inclusionary housing ordinance projects.
City of Hollister
Project: Hollister Inclusionary Housing Ordinance
Eva Kelly, Planning Manager
375 5th Street, Hollister, CA 95023
(831) 636-4360
[email protected]
City of Tracy
Project: Tracy Affordable/Workforce Housing Study
Alan Bell, Senior Planner
333 Civic Center Plaza, Tracy, CA 95376
(209) 831-6426
[email protected]
City of Fountain Valley
Project: Fountain Valley Inclusionary Housing Ordinance Omar Dadabhoy, Deputy City Manager/Community Development Director 10200 Slater Avenue, Fountain Valley, CA 92708
(714) 593-4426
[email protected]
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9. COST ESTIMATE
As shown in Table 1, PlaceWorks’ estimated cost to complete the scope of work described in this proposal is $149,480. We will complete the scope of work in this proposal for a fee not to exceed that amount.
This total includes a 10 percent contingency fund to cover any unforeseen out-of-scope work that might be necessary for the project.
We are flexible regarding project costs and hope that you will not eliminate us from consideration on the basis of cost alone.
The billing rates for each team member are included in Table 2.
PlaceWorks bills for its work on a time-and-materials basis with monthly invoices, and can also provide monthly reports regarding work progress if requested.
This scope of work and cost estimate assume the following:
We will hold the meetings listed in Chapter 6. Any additional meetings would be billed on a time-and- materials basis.
All products will be submitted to the City of Antioch in electronic (PDF) format. Any printing costs (if requested) would be billed at PlaceWorks’ actual cost.
City of Antioch staff will be responsible for meeting logistics, including schedule coordination, document production, printing notices, mailing costs, room reservations, room set-up and take-down, and refreshments.
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10. INSURANCE
A summary of our insurance coverages is included on the following page.
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11. CITY CONTRACT
PlaceWorks proposes the following changes to the City’s standard consultant services agreement.
Proposed Modifications
2.2.2 City shall pay the last 105% of the total sum due pursuant to this Agreement within sixty thirty (30) days after completion of the services and submittal to City a final invoice if all services required have been satisfactorily performed.]
5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner to the extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and reasonable attorney’s fees and other related costs and expenses to the extent established by final arbitration or court judgment. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City once payment is received by Consultant. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. If City desires to reuse any documents or other deliverables, including electronic media, pertaining to the project prepared by Consultant, City may do so, but if such documents or other deliverables are reused by City for any purpose other than that for which such documents or deliverables were originally prepared, or if City causes such documents or deliverables to be altered without Consultant’s written consent, such reuse shall be at City’s risk
9.2 Confidentiality. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Consultant unless required by law. Such materials shall not, without the prior written permission of City, be used by Consultant for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Consultant which is generally known, shall be deemed confidential. Consultant shall not use the City’s B32
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28 CITY OF ANTIOCH • Inclusionary Housing Ordinance
name or logo or photographs pertaining to the Services under this Agreement in any publication without the prior written consent of the City.
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Steve’s career spans the spectrum of community planning and economic development. As PlaceWorks’ in-house economist, he plays a role in a forces to achieve their goals. And most importantly, he uses his grasp planning policies and economic development—with community and a planning and economic consultant in Michigan and Ohio. •
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O R A N G E C O U N T Y • B A Y A R E A • S A C R A M E N T O • C E N T R A L C O A S T • L O S A N G E L E S • I N L A N D E M P I R E B45
ATTACHMENT B, P1
ATTACHMENT B, P2
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting on April 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kevin W. Kundinger, Assistant City Attorney KK APPROVED BY:Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Discussion Item: Just Cause Draft Ordinance
RECOMMENDED ACTION
It is recommended that the City Council:
1. Review, discuss, and provide feedback to staff on the staff report; and
2. Direct staff to:
a. Add, delete, modify or retain provisions of the draft Just Cause Eviction Ordinance and return to the City Council for further review; b. Prepare a final version of the Just Cause Eviction Ordinance and introduce it at an upcoming city council meeting;
or
c. Take no further action.
FISCAL IMPACT
There is no fiscal impact projected for this staff report on a just cause ordinance in the City of Antioch because staff is seeking direction from the City Council concerning the content of the ordinance, which will inform the associated Rent Program costs. If the City Council directs staff to move forward with preparation of a just cause eviction ordinance, the fiscal impact of the ordinance will be projected on a subsequent staff report. It would include increased future workloads for the City Attorney’s Office related to new inquiries and requests for services from tenants and landlords.
BACKGROUND
On March 26, 2024, the City Council discussed proposing a Just Cause Eviction Ordinance (“Ordinance”) for rental properties within the City of Antioch. The City Council directed staff to prepare a draft ordinance modeled on the City of Bell Gardens ordinance and incorporating particular concerns raised by the Antioch City Council.
SUMMARY
State law requires “just cause” for a landlord can evict a tenant who has continuously and lawfully occupied a residence for at least 12 months.1 The California Tenant Protection
1 California Civil Code section 1946.2 (amended by Senate Bill 567, which took effect April 1, 2024).
Antioch City Council Report
April 23, 2024 Agenda Item# 6 2
Act of 2019 (“TPA”) limits rent increases and places restrictions on landlords’ ability to evict tenants, unless the eviction is as a result of a “just cause” that is defined by state law. The TPA also imposes certain notice and language requirements.2 “Just cause” includes “at-fault” evictions for wrongful or malicious conduct by tenants and “no-fault” evictions, such as when a property owner or their immediate family move into an otherwise occupied unit, remove a unit from the rental market, or when a landlord intends to demolish or “substantially remodel” a unit. Section 1946.2 also provides protections against evictions that do not meet the “just cause” standard as well as remedies that tenants can avail themselves of when evicted without “just cause.”
Notwithstanding the protections afforded by state law, there are still many tenants who are not covered by the existing provisions of the TPA and thus are at risk of unnecessary or unjust evictions. Potentially foreseeing this outcome, the State Legislature drafted Section 1946.2 to preempt all local “just cause” eviction ordinances that were less protective then provided for in that section.
A summary of the current draft Ordinance is provided below, which will be followed by a summary of additional provisions that the City Council may wish to consider directing staff to include in the Ordinance when it is presented in the future. Staff is requesting guidance from the City Council related to the provisions of the anticipated Ordinance summarized here.
1. General Applicability
The Ordinance will provide eviction protection for tenants who have been living lawfully in their rental unit for at least six (6) months. Additionally, this Ordinance will apply to all rental properties except:
Rental units by any hospital, skilled nursing facility, or health facility.
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 or transitional nature of the housing at its inception and is licensed for such purposes where such license is required.
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 and not more than 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 purposes where such license is required.
Rental units exempted from California. Civil Code Part 4, Title 4, Chapter 2 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 30 days or more, or the landlord violates California. Civil Code section 1940.1, or successor statute, to avoid tenancy status.
2 The California Tenant Protection Act of 2019 went into effect in 2020 and was enacted as California Civil Code sections 1946.2 and 1947.12.
Antioch City Council Report
April 23, 2024 Agenda Item# 6 3
2. Termination of tenancy
The Ordinance will require that that a landlord has “just cause” to terminate a tenancy.
There are two different categories of just cause: at-fault and no-fault. The at-fault just cause reasons outlined by the Ordinance are in line with the at-fault reasons provided by Section 1946.2. The only modification made to the at-fault reasons is related to a clarification to the language related to evictions as a result of criminal threats.
The no-fault reasons for termination of a tenancy in this Ordinance are in line with the reasons provided by Section 1946.2 with the following changes:
Evictions for landlord move-in:
o Requires that the landlord notify the City when evicting a tenant and allow the City to contact the landlord to confirm that the landlord and/or their immediate family are living in the rental unit.
o Requires that the landlord and/or immediate family member move into the unto the unit within 90 days and live in the unit for at least two (2) years unless extenuating circumstances exist. If these conditions are not met, then the landlord must notify the former tenant and give them the right of first refusal for the unit at the same rental price previously charged plus any annual rent increases allowed under Antioch Municipal Code (“AMU”) Chapter 11.
Evictions to demolish or substantially remodel rental unit:
o Requires the landlord to begin work required for the demolition or remodel of the unit within 30 days and requires that the landlord actually completes the work that required the eviction. If these conditions are not met, the landlord must notify the former tenant and give them the right of first refusal for the unit at the same rental price previously charged plus any annual rent increases allowed under AMU Title 11.
Withdrawal of the unit from the rental market:
o Requires that if the landlord every places the rental unit back into the rental market, the landlord must notify the former tenant and give them the right of first refusal for the unit at the same price previously charged plus any annual rent increases allowed under AMU Title 11.
Additional requirements:
o The landlord must serve written notice for all evictions upon both the tenant and the City. The notice shall indicate that the just cause justification for the eviction, that the landlord has not accepted and will no longer accept rent or any other consideration for continued use of the unit, and that the tenant is eligible for relocation assistance when applicable.
3. Relocation assistance
The Ordinance will require that landlords who evict tenants for any of the no-fault reasons specified in the Ordinance shall pay tenants relocation assistance in the amount of two (2) times the monthly rent in effect when the landlord served the eviction notice This payment must be made directly to the tenant.
Tenants who are found to have caused the issue that ended up requiring the eviction, Antioch City Council Report
April 23, 2024 Agenda Item# 6 4
such as creating the circumstances leading to an order that the unit be vacated, shall not be entitled to relocation assistance.
The Ordinance will further require landlords to provide tenants with temporary relocation assistance in situations when tenants must be temporary displaced due to circumstances that make the unit uninhabitable, will expose the tenants to toxic or hazardous materials, or cannot otherwise be completed while the tenant remains in the unit and any repairs or remodels will take less than 30 days. The following are acceptable forms of temporary relocation assistance:
A per-diem payment
A different, comparable unit owned by the landlord and offered to the tenant on a temporary basis
A different, comparable unit owned by the landlord that is offered to the tenant for a new rental agreement at a price not exceeding the rental price in the original rental agreement between the tenant and landlord
Temporary hotel or motel accommodations
Tenants cannot waive the right to receive relocation assistance.
4. Tenant buyout agreements
The Ordinance will require that all tenant buyout agreements must include a written disclosure that explains the tenant’s rights related to the buyout agreement. The disclosure must be in a form approved of by the City and be in English and in the tenant’s primary language when applicable. Any necessary translation will be at the landlord’s expense. The waiver shall provide notice that:
The tenant has the right not to enter into buyout negotiations or a buyout agreement.
The tenant has the right to consult with an attorney before signing the buyout agreement.
The tenant may rescind the agreement within 30 days of execution of the agreement.
The tenant may contact the City to obtain information related to tenant buyout agreements.
The Ordinance will require that landlords provide tenants with a copy of a fully executed buyout agreement within 10 days of the execution of the agreement. A copy of the fully executed agreement, along with proof of service showing the agreement was sent to the tenant, shall be submitted to the City within 10 days of the execution of the buyout agreement.
5. Landlord retaliation and harassment
The Ordinance will prohibit landlords from committing any acts of retaliation pursuant to AMC Title 11, Chapter 4 or acts of harassment pursuant to AMC Title 11, Chapter 5.
Findings that a landlord committed any of the aforementioned acts shall result in the eviction being found void along with any other remedies allowed by AMC Title 11 and any other applicable state or federal laws.
Antioch City Council Report
April 23, 2024 Agenda Item# 6 5
6. Notice requirements
The Ordinance will require that the landlord provide tenants written notice of their rights under the AMC prior to or at the time of entering into a rental agreement. The same notice must also be given upon the renewal of any rental agreement. When the rental agreement was negotiated or written in a language other than English, the landlord must provided the tenant the notice of their rights in that language, at the cost of the landlord.
7. Remedies and penalties
The Ordinance will provide the following remedies for tenants protected by the Ordinance and penalties for landlords who violate the Ordinance:
Criminal penalties
Civil cause of action
Injunction/equitable relief
Penalties and other possible monetary awards
Affirmative defense against eviction
Additional enforcement pursuant to AMC Title 1, Chapter 2
8. Possible additional terms
The following are provisions that have not been included in the current draft of the Ordinance but could be added at the City Council’s direction:
Additional considerations, such as stronger protections or additional relocation assistance, for “qualified” tenants who have lawfully resided at the rental property for a determined amount of time. “Qualified” tenants may include tenants who are:
o Elderly, disabled, or handicapped
o Live with minor dependent children
o Considered “lower income households” as defined by California Health and Safety Code 50079.5
o Terminally ill
ANALYSIS
A municipality may subject residential real property to “just cause” eviction requirements that are more protective than what is required under State law (Section 1946.2). To do so, the ordinance must: (i) have “just cause” eviction criteria that are consistent with Section 1946.2; (ii) further limit the reasons for termination of a residential tenancy, provide for higher relocation assistance amounts, or provide additional tenant protections that are not prohibited by any other provision of law; and (iii) be accompanied by a finding that the ordinance is more protective than the provisions of Section 1946.2.
The Ordinance meets all the requirements to comply with Section 1946.2. The “just cause” eviction criteria are consistent with those in Section 1946.2. The Ordinance provides for relocation payments higher than required by Section 1946.2. Furthermore, the Ordinance provides protections that do not exist under current state law such as requirements for tenant buyout agreements, a decrease in the amount of time a tenant must live in a rental unit to gain eviction protection, and an increase in the overall proportion of tenants that would be eligible receive tenant protections.
Antioch City Council Report
April 23, 2024 Agenda Item# 6 6
The Ordinance mitigates excessive evictions without being excessively burdensome on landlords. The Ordinance does not significantly limit the rights of landlords when it comes to evictions beyond limitations created by Section 1946.2. Instead, the Ordinance provides additional protections for tenants who experience unlawful evictions including additional financial assistance, assistance with securing alternate housing arraignments, and tools to contest unlaw eviction actions through administrative or court hearings.
The Ordinance enables the City to effectively monitor evictions in the City of Antioch and to prevent or deter unnecessary or unlawful evictions. The Ordinance deters landlords from unjustly evicting lawful tenants, which is important given the housing crisis in Antioch and across the State of California.
ATTACHMENTS
None.
9 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS SUBJECT: Future Plans for the Antioch Police Crime Prevention Commission
RECOMMENDED ACTION
It is recommended that the City Council direct staff to take one of the following actions:
Initiate the candidate application process to fill the vacancies on the Police Crime Prevention Commission;
Prepare an ordinance to dissolve the Police Crime Prevention Commission; Prepare a resolution for an ad hoc committee to propose the future mission and purpose of the Antioch Police Crime Prevention Commission; Take no action.
FISCAL IMPACT
If the City Council elects to retain and reactivate the Police Crime Prevention Commission, the fiscal impact would include staffing costs for the time dedicated by the Antioch Police Department staff liaison, the City Clerk’s Office staff, and the City Attorney’s Office staff. The Commission would also have expenses associated with training and development.
DISCUSSION
The Antioch Municipal Code (AMC) states that the Police Crime Prevention Commission consist of seven (7) members and has duties as specified by the City Council from time to time (AMC § 2-5.106). The AMC does not provide any other information on the Commission. For example, it does not explain the mission, purpose, responsibilities, or duties of the Commission. When the Antioch Police Crime Prevention Commission was active, they were involved in coordination of various neighborhood watch groups and special community events such as National Night Out.
The Police Crime Prevention Commission has not met since 2021, due to a lack of a quorum at meetings. The most recent meeting for the Antioch Police Crime Prevention Commission was Monday, September 20, 2021. The regular agenda for that meeting included the following items:
Antioch City Council Report
April 23, 2024 Agenda Item# 9 2
Neighborhood & Business Watch Implementation – Report by All Commissioners Community Outreach Sub Committee, “Bridging the Gap”
Proposal to Change Mission Statement and Responsibility for Crime Prevention Commission
Publicize Neighborhood Watch and Available Tools with Social Media Current and Future Commission Openings
Antioch Historical Museum Recognition
o Recommended Action: Review from last meeting and next steps.
In-Person Meetings
o Recommended Action: Obtain guidance on if the State’s expiration executive order will remain in place or if in person meetings are to resume in October.
The regular agenda of the July 19, 2021 meeting of the Commission contained the following items:
Antioch Noise Ordinances
o Recommended Action: It is recommended that the Commissioners review and discuss Lessons Learned from presentation and Neighborhood Watch groups regarding noise ordinances and research recommendations.
Antioch Historical Museum Recognition
o Recommended Action: Review and discuss next steps
National Night Out 2021
o Recommended Action: Discuss possible options and decide on next steps
The regular agenda of the June 21, 2021 meeting of the Commission contained the following items:
PCPC Neighborhood Watch and Available Social Media Tools Document o Recommended Action: Receive update and review document for next steps.
Antioch Noise Ordinances
o Recommended Action: It is recommended that the Commissioners review and discuss lessons learned from Neighborhood Watch groups regarding noise ordinances and research recommendations.
Neighborhood Watch Commission Assignments
o Recommended Action: Review new assignments and provide feedback to Coordinator Ho.
Bridging the Gap Program Review
o Recommended Action: Review program guidelines.
School Watch and Care Program
o Recommended Action: Discuss general program idea and determine next steps.
Presentation of Priority 2 & 3 Calls for Service
o Recommended Action: Review and receive staff’s presentation.
Antioch City Council Report
April 23, 2024 Agenda Item# 9 3
Although the Police Crime Prevention Commission has not met since 2021, Neighborhood Watch and National Night Out continue to exist outside the purview of the Commission through the Police Department staff and Volunteers in Police Services (VIPS) program.
With the exception of Chairperson Matthew Dawson, all of the terms of office for commissioners serving on the Police Crime Prevention Commission have expired. The following is a list of the commissioners and their terms of office:
Commissioner Term of Office
(Appointment – End of Term)
Matthew Dawson,
Chairperson 02/2021 06/2024
Dwayne Eubanks,
Vice Chair 04/2017 10/2021
Nichole Randolph 03/2021 10/2021
Robert Munton 08/2020 10/2021
Clyde H. Lewis Jr. 04/2019 02/2023
Vacancy 08/2020 06/2023
Vacancy 02/2021 10/2024
Staff is seeking City Council’s direction on its future plans for the Police Crime Prevention Commission.
ATTACHMENTS
None.