Antioch Set to Talk Tenant Protections, Budget and Attorney Hiring

On Tuesday, the Antioch City Council will discuss several items including receiving a presentation on Tenant Protection Policies and programs, its budget, attorney hiring.

The council will receive a report on tenant protection policies and programs where it highlights a rent program, anti-harassment and just cause evictions. The council will then provide directions to staff of how it would like to move forward. The staff report also highlights the cost of programs in the City of Alameda, as well as the city of Richmond.  The annual budgets for those cities include:

• City of Alameda: $2 million
• City of Richmond: $3.6 million
• City of Antioch: To Be Determined

The council will also continue its 2023-25 budget development where the city is anticipated to continue deficit spending as it used $9 million of its budget stabilization fund to balance the current budget. In 2023/24 they anticipate $8.3 million and $9.8 million in 24/25 in deficit spending. The Antioch City Council will begin looking at what cuts they can make to get to a balanced budget.

The council will also discuss its policy on selection of attorney’s providing contract services along with review, authorization and exaction of all agreements for legal services and services to be provided by attorneys in the city.

Presentation and Discussion on Tenant Protection Policies and Programs, including Rent Program, Anti-Harassment, and Just Cause Eviction

There is no fiscal impact from discussion and direction under this item. However, the full implementation of the Rent Stabilization Ordinance and the addition of new tenant protection policies will require a fee study and significant staffing, including legal and administrative support. Staffing for the Rent Program, including added functions relating to anti-harassment and just cause eviction programs, would be funded by Rent Program fees. Direction on anticipated future programs will assist the City Attorney’s Office in developing a fee study to support potential future program fees.

• Antioch Tenant Protection Policies
• Rental Unit Registry
• Anti-Retaliation
• Eviction Protections

Anti-Harassment Protection
There are no City harassment protections for tenants. If desired, the City Council could adopt an ordinance making it unlawful for a residential landlord to take or fail to take specified actions related to the tenant or rental property in bad faith. The ordinance would also specify the remedies available to tenants who are subject to a prohibition act. Examples of anti-harassment ordinances in other cities (Richmond, Concord, and Alameda) are attached to the staff report.

If the City Council would like to proceed with anti-harassment protections, staff would return with discussion item on program budget, staffing, timeline, and options for policy decisions. If the City Council prefers one of the attached example ordinances, it would be used as a starting point for further refinement based on additional direction

Staff is seeking council direction on:

• “Just Cause”: There is not a City requirement that a landlord have just cause for residential eviction. If desired, the City Council could adopt an ordinance refining and further regulating the no fault causes
• Rental Unit Registry: A rental unit registry provides accurate and comprehensive information that is used to monitor regulation programs, track code enforcement, calculate and assess fee programs, and provide information directly to landlords and tenants. This type of database is created by requiring landlords to register their rental units.
• Anti-Retaliation: Anti-retaliation policies bar landlords from retaliating against a tenant because the tenant has exercised or asserted certain legal rights, such as reporting habitability concerns to a governmental agency regarding the habitability of the unit or notifying the landlord that a proposed rent increase exceeds the rent stabilization limit.
• Eviction Protections: “Eviction” is the act of dispossessing a tenant of a rental property and includes acts that result in the removal of the tenant from the property. In this context, “eviction” includes any termination of a tenancy caused by a landlord and is not limited to evictions involving legal proceedings. “Constructive eviction” occurs when a landlord has acted (or failed to act) in a way that renders the rental property uninhabitable. This could include failing to maintain the property in a habitable condition, making threats or other acts of intimidation, and otherwise interfering with the tenant’s quiet enjoyment of the property.
• Anti-Harassment Protection: Tenant harassment occurs when a landlord uses aggressive methods, coercion, fraud, or intimidation to cause the tenant to vacate the rental property and is a type of “constructive eviction.” Under Civil Code § 1940.2, a landlord cannot unlawfully force a tenant out of their apartment or home using the following methods:
  • Engaging in forceful, threatening, or menacing conduct;
  • Disclosing information regarding the perceived immigration or citizenship status
    of the tenant or someone close to them;
  • Threatening to call immigration authorities to force a tenant out;
  • Interfering with the tenant’s right to quiet enjoyment of their property;
  • Entering the rental unit without the tenant’s consent in substantial violation of the
    law; and
  • Taking, depriving, or removing the tenant’s property from their home without
    permission

Ellis Act: The Ellis Act, Government Code Sections 7060 et seq., preserves a landlord’s right to evict a tenant when the landlord decides to remove their dwelling units from the rental housing market. A landlord exercising their rights under the Ellis Act, must serve written notice of the eviction at least 120 days before the tenant is evicted. If the tenant is disabled or at least 62 years old and has lived in the residence for over a year, a landlord must serve written notice at least one year prior to the eviction.

FY2023-25 Budget Development

Editors Note – back in February, Antioch Finance Director presented the preliminary budget where she said in the current year, to just balance the budget, they already moved over $9 million from the budget stabilization fund which is why the city is not showing deficit spending this year.

“If you look at the numbers now, its $8.3 million in 2023/24 and $9.8 million in 24/25, even with some pencil scratching and digging we are not going to get anywhere near what we need to close this gap to $0 so there will still be deficit spending in each of those years,” said Merchant. “I wouldn’t be surprised if it’s a half-a-million dollars or $5 million each year, I am not sure how much we can get down to the root.”

On March 28, 2023, the City Council held a Study Session to discuss the forthcoming budget for FY 2023-25. At that meeting, the City Council directed staff to return with a discussion on the City Council’s broader policies and goals, which would ultimately drive the content of the budget.  This discussion was held on April 11th and the City Council directed that staff bring back a budget demonstrating three scenarios of deficit spending/Budget Stabilization utilization: $0, $3,000,000 and $4,000,000. Direction was also given that departments could shift around budget priorities to include additional staffing with no financial impact.

CHART A: $0 DEFICIT/BUDGET STABILIZATION GENERAL FUND COMPARISON

In order to reach the zero-deficit target, the following measures are incorporated into Chart A:

• Utilization of all remaining ARPA funds of $4,190,900 towards the provision of government services in FY25
• 50% Reduction in vehicle replacement set-aside in FY25Recognition of estimated vacancy savings (primarily Police – both fiscal years)
• Freezing of two Maintenance Worker positions in Public Works and 5 Code Enforcement Officer positions (both fiscal years)
• Delay of projects: City Hall water pump booster installation and landscape enhancements in lighting and landscape zones

CHART B: $3M DEFICIT/BUDGET STABILIZATION GENERAL FUND COMPARISON

In order to reach the $3M maximum deficit scenario, the following measures are
incorporated into Chart B:

• Utilization of $1,938,207 ARPA funds in FY25 towards the provision of government services
• 50% reduction in vehicle replacement set-aside in FY25
• Recognition of estimated vacancy savings (primarily Police – both fiscal years)
• Freezing of 5 Code Enforcement Officer positions in both fiscal years

Chart C: $4M DEFICIT/BUDGET STABILIZATION GENERAL FUND COMPARISON

In order to reach the $4M maximum deficit scenario, the following measures are
incorporated into Chart B:

• Utilization of $938,207 ARPA funds in FY25 towards the provision of government services
• 50% reduction in vehicle replacement set-aside in FY25
• Recognition of estimated vacancy savings (primarily Police – both fiscal years)
• Freezing of 5 Code Enforcement Officer positions in both fiscal years

For all budget scenarios, it is important to know that no budget allocation has been
included for:

1. The various Police audits that have been requested as the estimated cost is not yet known;
2. Additional asks of departments that were included in the budget staff report of March 28, 2023 (refer to Attachment B);
3. Potential contractual costs related to homeless encampment cleanups currently under review as required by bargaining unit negotiations with APWEA

There are significant budget requests  ($4.38 million) for Recreation that City Council direction is requested for (these are not included in the budget sheets attached):

1. Nick Rodriguez/Senior Center Renovations (existing CIP). The City received a $2.2M grant for improvements at the Center, but an additional $2,050,000 is being requested from the General Fund to complete the project.
2. Water Park Pool Plastering Phase 2 (existing CIP). $300,000 is being requested from the General Fund to complete the project.
3. Water Park Slide Restoration (existing CIP). $175,000 is being requested from the General Fund to complete the project.
4. Water Park Deck Replacement/Surface Coating/Coping (Phase 3). $1M is being requested from the General Fund to complete the project.
5. Water Park Mechanical Improvements. $100,000 is being requested from the General Fund to complete the project.
6. Water Park Building Restoration. $250,000 is being requested from the General Fund to fund preparation for this project.
7. New deck furniture and pool covers. $110,000 is being requested from the General Fund for this purchase.
8. Purchase of 7 Passenger Ford Transit Van, pickup truck and sedan. $135,000 is being requested from the General Fund for these vehicle purchases.
9. Purchase of trailer to replace Recreation Bus. $10,000 is being requested from the General Fund for this purchase.
10. Additional Senior Center furniture and appliances. $50,000 is being requested from the General Fund for this purchase.
11. Increase Special Events funding. The existing budget includes $50,000 annually. It is requested to increase this to $200,000 each year which would result in an increase of the General Fund subsidy.
12. Increase funding for Chichibu Sister City Program. The City historically has funded
    $5,000 for Sister City activities annually out of the General Fund. It is being requested to increase this funding to $50,000 annually to reside within the Recreation budget. The funding will result in an increase of the General Fund subsidy

Discussion Item: City Council Review of the Policy for the City, Including All of its Departments, Regarding the Selection of Attorneys Providing Contract Services, and the Review, Authorization and Execution of All Agreements for Legal Services and Services to be Provided by Attorneys to the City

The Antioch City Council will provide direction to the city attorney basic duties.

The Antioch Municipal Code states as follows:

• The Department of Legal Services shall be responsible for providing general legal services to the city, which shall include, but not be limited to, drafting ordinances and resolutions, providing advice and legal opinions to the Council and city staff, representing the city in court, and assuming other duties assigned by the City Council. (AMC § 2-3.603

Resolution 2021/26, adopted by the Antioch City Council on February 26, 2021, consistent with state law and the Antioch Municipal code, further clarifies the role and responsibilities of the Antioch City Attorney. It states as follows:

1. [T]he City Attorney shall exercise discretion over the selection of all attorneys providing Legal Services, as defined herein, for the City including all of its departments.
2. [A]ll agreements for the provision of Legal Services, as defined herein, to the City, including all of its departments, or on behalf of the City that are to be paid by the City shall be submitted to the City Attorney for review and approval, and the City Attorney shall have the discretion to approve and execute all such agreements on behalf of the City when the City Attorney determines the agreement is consistent
   with Antioch Municipal Code, Title 3, Chapter 4, Article II. Any agreements for Legal Services to the City or on behalf of the City that are not approved by the City Attorney in writing shall be void.
3. [A]ll invoices for Legal Services, as defined herein, shall be required to be submitted to the City Attorney for review and payment through the City Attorney’ s Office. No payment shall be made for Legal Services pursuant to existing or future agreements unless approved in writing by the City Attorney. Therefore, the budgeted amount for the City Attorney’ s Office shall include the amounts necessary for the payment of such invoices

Editors Note – this item is in response to to an action taken at the April 25 meeting. Antioch City Council voted 3-2 to approve payment to a law firm, even though it was an invalid contract. The contract was signed by City Manager Cornelius Johnson to provide legal services to the City of Antioch concerning its internal investigation procedures and was signed without the knowledge of the city attorney and was not approved by the city attorney as required by Antioch Resolution 2021/26.  

Antioch City Council Meeting

Date: Tuesday, May 9, 2023
Time: 6:00 P.M. Closed Session
7:00 P.M. Regular Meeting
Place: Council Chambers
Antioch, CA 94509

Full Agenda: Click Here