Antioch Advances State-Mandated ADU Rules 4-1 as Flood Plan Draws Criticism

Antioch's City Council on Nov. 10, 2026, conceded more ground to Sacramento on backyard housing, voting 4-1 to rewrite its accessory dwelling unit rules and fees to match state law. The same night, an El Niño flood briefing drew criticism over its gaps on mapping and unhoused residents, and a $1.8M surplus reopened the city's Homekey debate.

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• ADU ordinance advances 4-1, with Mayor Pro Tem Donald Freitas opposed over lost local control
• ADU impact fees cut on space under 750 square feet starting Jan. 1, 2027, also 4-1
• El Niño flood briefing falls short, council and residents say; staff promises a fuller report
• FY25-26 closes with a $1.8M surplus, but the FY27 general fund shows an $11.1M gap
• Boards and commissions overhaul heads toward a study session after the new year

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State Law Sets the Terms on Antioch's ADUs

The council introduced an ordinance that repeals and replaces Antioch's ADU and junior ADU rules to align with 12 new state laws. A companion ordinance changing how ADUs pay development impact fees passed by the same 4-1 margin.

The basics: ADUs are secondary units such as backyard cottages. Junior ADUs (JADUs) are carved out of existing homes. Under state law, "exempt" ADUs must be approved ministerially, meaning staff approves them under fixed rules without council discretion.

Why it matters: The state Department of Housing and Community Development sent Antioch a May 2026 letter demanding compliance. For exempt units, the city can set no design standards. Antioch permitted 49 ADUs in 2025.

Where things stand: Planning Manager Zoe Merideth explained the difference between exempt and non-exempt units. She also covered multifamily ADU limits, objective standards and the new ADU-JADU combinations allowed starting in January 2027.

The fee ordinance follows SB 1117. Starting Jan. 1, 2027, impact fees on up to two ADUs will apply only to square footage above 750. Merideth corrected a staff example: An 800-square-foot ADU on a 2,000-square-foot home pays 2.5% of the standard fee, not 25%. Antioch's four impact fees cover administration, public works, police and parks, and total about $5,479 per single-family unit.

"The ordinance will have a negligible impact on the collection of DIFs overall," said Merideth, referring to development impact fees.

The other side: Freitas said he supports ADUs but objects to state mandates that sideline the council.

"That literally means there's no input, there's no approval, there's no accountability from the elected representatives of the City of Antioch," said Freitas. He also argued the fee exemption shifts police and public works costs elsewhere.

Public commenters pushed for more housing, not less. Mr. Becker, a public commenter, urged the city to opt into AB 1033, which deals with converting ADUs to condominiums, and to use SB 1123 and SB 684. Public commenter Crystal Law described ADUs as a way to house unhoused residents and veterans.

Decisions and stakeholder impacts: Councilmember Monica Wilson asked how much staff time implementation would take. Staff said they expect no fiscal impact. Homeowners get clearer rules and lower fees on smaller units, while the council gives up design leverage over exempt units.

• Item 18.1: Moved by Councilmember Louie Rocha, seconded by Wilson. For: 4 (Mayor Ron Bernal, Rocha, Councilmember Tamisha Torres-Walker, Wilson). Against: 1 (Freitas).
• Item 18.2: Moved by Torres-Walker, seconded by Wilson, with the same 4-1 split.

What's next: Both ordinances passed first reading. The fee changes take effect Jan. 1, 2027.

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Flood Briefing Leaves Council Wanting More

Staff briefed the council on preparations for a predicted intense El Niño season. The item was informational, and no vote was taken.

Why it matters: King tides are expected to run 2 to 2.5 feet above normal, and a state emergency proclamation is in effect. That raises both flood risk and the stakes of recovering costs.

Where things stand: Doug Pittman, the city's emergency operations consultant, outlined Emergency Operations Center activation levels, mutual aid, disaster service workers and Contra Costa County's Community Warning System. He also cautioned that federal aid will not cover the full cost of a disaster.

"At best, we get 75 cents on the dollar that comes back," said Pittman, referring to FEMA reimbursement.

Council members and residents asked about backup power, storm drains and the Antioch boat ramp. They also asked about sandbags; a second sandbag station is set at the Antioch Community Center.

The other side: Torres-Walker criticized the briefing for lacking geo-mapping and details on infrastructure and shelters. "It just left a lot to desire, the presentation," said Torres-Walker.

Three public commenters said the plan overlooks unhoused residents. Leslie May said it ignores people living near water and bridges, and she said attorneys were ready to file a class action. Law asked about a promised homeless ad hoc committee and cited a $34.9M Homekey award the city declined. Frank Sterling described an unhoused friend living near the railroad tracks at L Street and D Street.

Decisions and stakeholder impacts: Staff cited several steps already underway: law enforcement outreach, flyers, a fairgrounds shelter under a Red Cross agreement and talks with community organizations. Unhoused residents near waterways remain the most exposed group, and commenters' litigation threat turns shelter planning into a legal question as well as a humanitarian one.

What's next: "We will bring back more information to council with all those details," said Acting City Manager Ana Cortez. No date was set.

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Surplus Revives the Homekey Question

The council voted 5-0 to carry forward FY25-26 encumbrances and amend the FY26-27 budget after the year closed in the black. Encumbrances are funds committed to contracts or purchase orders that have not yet been paid.

Where things stand: "Revenues exceeded expenditures, creating a surplus of $1,808,592," said Finance Director Merchant.

Revenues came in about $1.4M below projections. Spending, however, ran about $9.07M under budget. The rollover carries $4.03M in encumbrances and projects forward. The amendments also move $1.6M in engineering land development work back to Public Works and cut $400,000 for Homekeeping Plus. The budget stabilization fund stood at $41,249,323 as of June 30.

Why it matters: The surplus meant the city did not need to draw on reserves. Still, the revised FY27 general fund shows an $11.1M spending deficit before stabilization funds are applied.

The other side: Becker asked what had changed since the Homekey debate, when the city described its finances as dire. Law called it inconsistent to say finances are good after saying Homekey was unaffordable. May urged fines on vacant properties as a source of revenue.

Decisions and stakeholder impacts: Bernal questioned half a million dollars in unspent street maintenance funds and asked about staff vacancies. Torres-Walker moved approval. For: 5. Against: 0.

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Commission Overhaul Heads to 2027 Study Session

The council voted 5-0 to receive and file a report on board and commission terms and attendance. Members made clear that bigger changes are coming.

Why it matters: Several bodies have struggled with attendance or quorums, including the Antioch Police Oversight Commission (APOC), the Sales Tax Citizens Oversight Committee and the Board of Administrative Appeals. Vacancies and conflicts within the ordinances that govern these bodies also persist. Separately, item 19.5, which proposed removing an APOC commissioner, was pulled after a resignation letter arrived.

Where things stand: Freitas listed defunct bodies and mismatched term provisions. "We need to be apprised of our boards and commissioners," said Freitas, who called for regular attendance reports.

"The issues are deeper than just attendance with APOC," said Torres-Walker. She pointed to the commission's budget, ordinance and staffing, and she asked whether earlier applicant pools could be reused.

The other side: May asked the council to address what she called bullying of commissioners by council members. Public commenter Erica Ralston objected to Freitas singling out her attendance and said she felt bullied.

What's next: Bernal proposed a study session after the new year and asked for a consistent roster format. "This is probably something after the first of the year that we want to take on as a project to come back and look at," said Bernal.

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Minor Items

• Police management contract: One-year Antioch Police Sworn Management Association deal with a 3% cost-of-living adjustment through June 30, 2027, adding $113,562; passed 5-0.
• Mayor's Washington trip: Up to $5,217 for federal advocacy meetings and the US Conference of Mayors in January 2027; passed 5-0 despite four public commenters objecting.
• Consent calendar: Passed 5-0. Freitas pulled the warrant register to question a $24,800 ad and other spending; staff will now attach explanations to pulled items.
• Veterans Day proclamation: Passed 5-0, marking the nation's 250th anniversary; the ceremony moves next to the Beatty Lumber Building.
• Zoom outage: Audio was muted about 16 minutes during staff introductions; Becker cited SB 707, and Bernal called a five-minute recess.

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Looking Ahead

Staff owes the council a detailed flood plan. Freitas requested reports on the PG&E building and the Carnegie Library. Torres-Walker asked for a report on the city's role in Opportunity Zone 2.0 selections after Becker asked why Somersville was left out. During open public comment, Law described a 40-minute police response to a fight at La Bonita Market.