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Antioch City Council
February 8, 2022

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February 8, 2022
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ANNOTATED AGENDA
Antioch City Council

SPECIAL AND REGULAR MEETING

Date: Tuesday, February 8, 2022
Time: 4:30 P.M. – Closed Session
6:00 P.M. – Special Meeting
7:00 P.M. – Regular Meeting

Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94531

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 inside cover for detailed Speaker Rules.

PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.

Lamar Thorpe, Mayor Ellie Householder, City Clerk
Michael Barbanica, Mayor Pro Tem (District 2) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Lori Ogorchock, Council Member District 3 Cornelius Johnson, Interim City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney

In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to o ffer 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- FEBRUARY 8, 2022

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 i tem before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Other materials, such as maps and diagrams, may also be included. 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:
https://www.antiochca.gov/notifications/ and enter your e -mail address to subscribe. To view the agenda information, click on the following link: https://www.antiochca.gov/government/agendas-and-minutes/city- council/. Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.

Notice of Opportunity to Address Council
The public has the opportunity to address the Council on each agenda item. Please see the Speaker Rules on the inside cover of this Agenda for additional information on public participation.

4:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 1 Torres-Walker, District 3 Ogorchock, District 4
Wilson and Mayor Pro Tem/District 2 Barbanica
(Mayor Thorpe – Absent)

PUBLIC COMMENTS for Closed Session – None

CLOSED SESSION:

1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: California Resources Production v. City of Antioch et al., Contra Costa County Superior Court Case No. N21-2354.

Council authorized City Attorney to file counter-complaint, 3/1 (Barbanica)

2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Delta Gas Gathering, Inc. and California Energy Exchange Corporation v. City of Antioch et al., Contra Costa County Superior Court Case No. N21-2355.

Council authorized City Attorney to file counter-complaint, 3/1 (Barbanica)

3) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Enerfin Resources Northwest Limited Partnership v. City of Antioch et al. , Contra Costa County Superior Court Case No. N21-2356.

Council authorized City Attorney to file counter-complaint, 3/1 (Barbanica)

ANTIOCH CITY COUNCIL -2- FEBRUARY 8, 2022

CLOSED SESSION – Continued

4) CONFERENCE WITH REAL PROPERTY NEGOTIATONS pursuant to California Government Code section 54956.8: Property: Northeast corner of Hillcrest Avenue and Larkspur Drive, Antioch, CA (APN : 052-012-017); Agency Negotiation: Cornelius Johnson, City Manager, Thomas Lloyd Smith, City Attorney, Kwame P. Reed, Economic Development Director; Negotiating Parties: NAZ Investments, LLC, the principal being Stephen Schaner; Under Negotiation: Price and Terms of Payment.

Direction provided to City Manager and City Attorney

5) CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Police Officers’ Association, Operating Engineers Local Union No. 3 (OE3), Confidential Unit, Management Unit, and Treatment Plant Employees’ Association.

Direction provided to Labor Negotiators

4:33 P.M. ADJOURNED TO CLOSED SESSION

6:02 P.M. ROLL CALL – SPECIAL MEETING/WORKSHOP – for Council Members – All Present

PLEDGE OF ALLEGIANCE

SPECIAL MEETING/WORKSHOP

SM-1. REDISTRICTING: RECEIPT OF PUBLIC INPUT AND SELECTION OF FINAL MAP Received public comment. Council decided not to progress with either of the two draft maps (“Map B” or “Map 91”); Council reviewed all past draft maps; then provided direction to staff to bring back draft “Map A” to the next City Council meeting (February 22, 2022) Recommended Action: It is recommended that the City Council receive public comment and select the Final Redistricting Map redefining the boundaries of all City Council electoral districts of the City .

ADJOURNED SPECIAL MEETING/WORKSHOP

7:04 P.M. RECESS

7:11 P.M. ROLL CALL – REGULAR MEETING – for Council Members – All Present

ANTIOCH CITY COUNCIL -3- FEBRUARY 8, 2022

PLEDGE OF ALLEGIANCE

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION ITEMS:

• February 8, 2022 – Items No. 1 through 5; and

• Report out of Closed Session Agenda Item No. 1 from the January 25, 2022 , Regular City Council Meeting.

Council authorized settlement agreement, 5/0

1. INTRODUCTION OF NEW CITY EMPLOYEES

2. PROCLAMATION

• In Honor of Black History Month, February 2022
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamation.

3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

➢ Contra Costa Health Services – Free Covid-19 Vaccine

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

4. CONSENT CALENDAR

A. APPROVAL OF COUNCIL MEETING MINUTES FOR DECEMBER 14, 2021 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

B. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 11, 2022 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

ANTIOCH CITY COUNCIL -4- FEBRUARY 8, 2022

CONSENT CALENDAR – Continued

C. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 25, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

D. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 4, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.

E. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.

F. SECOND READING – ORDINANCE AMENDING THE ANTIOCH MUNICIPAL CODE BY ADDING SECTION 9 -5.3848, REGARDING TEMPORARY CANNABIS EVENTS ON PUBLIC PROPERTY (Introduced on 01/25/2022)
Ord No. 2204-C-S adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the proposed ordinance amending the Antioch Municipal Code by adding Section 9-5.3848 regarding temporary cannabis events on public property.

G. AB 361: RESOLUTION MAKING FINDINGS NECESSARY TO CONDUCT BROWN ACT

MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,

COMMISSIONS, AND COMMITTEES
Reso No. 2022/16 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.

H. AUTHORIZE RESPONSE TO GRAND JURY REPORT “IMPROVING ANIMAL SERVICES IN CONTRA COSTA COUNTY” (REPORT 2105)
Reso No. 2022/17 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution to approve the response to the Grand Jury report: "Improving Animal Services in Contra Costa County" and authorize the Mayor to sign it.

ANTIOCH CITY COUNCIL -5- FEBRUARY 8, 2022

CONSENT CALENDAR – Continued

I. AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH ALEX KUSHNER GENERAL, INC., FOR THE CITY HALL OFFICE MODIFICATIONS PROJECT (P.W. 247- S)
Reso No. 2022/18 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving an amendment to increase the construction
agreement with Alex Kushner General, Inc. by $350,000 for a total contract amount of $1,054,000 for the City Hall Interior Modifications Project; and

2) Authorizing the City Manager to execute the amendment in a form approved by the City Attorney.

J. AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH MERCOZA FOR THE CITY HALL PLAZA IMPROVEMENTS AND LEO FONTANA FOUNTAIN PROJECT (P.W. 247-R) Reso No. 2022/19 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving an amendment to the Fiscal Year 2021/2022 Capital Improvement Budget to increase the funding from the General Fund for the City Hall Plaza Improvements and Leo Fontana Fountain Project by $150,000 for a total project budget of $670,000;

2) Approving an amendment to increase the construction
agreement with Mercoza by $150,000 for a total agreement amount of $608,013; and

3) Authorizing the City Manager to execute the amendment in a form approved by the City Attorney.

K. INITIATE PREPARATION OF THE STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT CITY ENGINEER’S REPORT FOR FISCAL YEAR 2022/23 Reso No. 2022/20 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution directing the City Engineer to prepare a consolidated Engineer’s Report for Fiscal Year 2022/23 Street Lighting and Landscape Maintenance District assessments.

ANTIOCH CITY COUNCIL -6- FEBRUARY 8, 2022

CONSENT CALENDAR – Continued

L. RESOLUTION OF INTENTION TO FORM THE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SERVICES) FOR LAUREL RANCH SUBDIVISION (P.W. 698)
Reso No. 2022/21 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the Resolution of Intention to form the Proposed Community Facilities District (CFD) No. 2022-01 (Public Services) for the Laurel Ranch Subdivision (P.W. 698).

M. RESOLUTION ESTABLISHING THE RATE PER EQUIVAL ENT RUNOFF UNIT FOR FISCAL YEAR 2022 /23 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD

CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL

ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTION

DISCHARGE ELIMINATION SYSTEM PROGRAM
Reso No. 2022/22 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution:

1) Determining that the rate to be assigned to a single Equivalent Runoff Unit for Fiscal Year 2022/23 shall be set at twenty-five dollars ($25.00); and

2) Requesting the Contra Costa County Flood Control and Water Conservation District adopt Stormwater Utility Assessment Drainage levies based on the rate for a single Equivalent Runoff Unit for Fiscal Year 2022/23, which sha ll be set at twenty-five dollars ($25.00).

N. PURCHASE ORDER INCREASE FOR PROCUREMENT OF WATER METERS AND ASSOCIATED COMPONENTS FROM BADGER METER, INC.

Reso No. 2022/23 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving an increase to the Purchase Order with Badger Meter, Inc. in the amount of $225,000 in Fiscal Years 2021/22 and 2022/23 to an amount not to exceed $500,000 for each year; and

2) Authorizing the City Manager or designee to make the necessary budget adjustment to the Water Enterprise Fund to cover the Purchase Order Increases.

ANTIOCH CITY COUNCIL -7- FEBRUARY 8, 2022

CONSENT CALENDAR – Continued

O. UNHOUSED RESIDENT SERVICES – RESOLUTION AUTHORIZING THE ALLOCATION OF AN ADDITIONAL $56,700 FROM THE GENERAL FUND FOR A TOTAL NOT TO EXCEED $206,700 AS PAYMENT TO THE EXECUTIVE INN FOR STAYS PRIOR TO

PLACEMENT AT THE DELTA LANDING INTERIM HOUSING PROGRAM
Reso No. 2022/24 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution allocating an additional $56,700 from the General Fund and payment to the Executive Inn in a total amount not to exceed $206,700.

PUBLIC HEARING

5. REDISTRICTING: RESOLUTION ADOPTING FINAL MAP
Tabled, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution and the Final Redistricting Map (“Map ___”) adjusting and redefining the boundaries of the City Council electoral districts of the City .

6. AMENDMENT TO TITLE 4: PUBLIC SAFETY, CHAPTER 2: DI SASTER COUNCIL OF

THE ANTIOCH MUNICIPAL CODE REGARDING COMPLIANCE WITH THE CALIFORNIA

EMERGENCY SERVICES ACT
To February 22, 2022, for Adoption, 5/0
Recommended Action: It is recommended that the City Council introduce, waive the first reading and read by title only, the proposed Ordinance.

COUNCIL REGULAR AGENDA

7. MIDDLE-INCOME RENTAL HOUSING PROGRAM EVALUATION AND POLICY

DIRECTION
Direction provided to staff
Recommended Action: It is recommended that the City Council provide general policy direction to staff regarding expectations for future City participation in Middle-Income Workforce Housing proposals (the “Programs”).

ANTIOCH CITY COUNCIL -8- FEBRUARY 8, 2022

COUNCIL REGULAR AGENDA – Continued

8. SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH AND OPERATING ENGINEERS LOCAL 3 SALARY ADJUSTMENTS FROM THE TOTAL COMPENSATION

STUDY FINAL REPORT
Reso No. 2022/25 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving the Side Letter Agreement between the Ci ty of Antioch and the Operating Engineers Local 3 Salary
Adjustments from the Total Compensation Study Final Report dated August 31, 2021, Appendix IV: Salary Range Placement Recommendations;

2) Authorize the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and Operating Engineers Local 3; and

3) Authorize the City Manager or designee to make any
necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

9. SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH AND THE

MANAGEMENT BENEFIT UNIT SALARY ADJUSTMENTS FROM THE TOTAL

COMPENSATION STUDY FINAL REPORT
Reso No. 2022/26 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving the Side Letter Agreement between the Ci ty of Antioch and the Management Benefit Unit Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021, Appendix IV: Salary Range Placement
Recommendations;

2) Authorize the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and
Management Benefit Unit; and

3) Authorize the City Manager or designee to make any
necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

ANTIOCH CITY COUNCIL -9- FEBRUARY 8, 2022

PUBLIC COMMENT

STAFF COMMUNICATIONS

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and City Manager – no longer than 6 months.

MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A sec ond of the motion is required, and then a majority vote is required to adjourn the meeting.

Motioned to adjourn meeting at 8:48 p.m., 5/0

SM-1
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Meeting of February 8, 2022
Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Redistricting: Receipt of Public Input and Selection of Final Map

RECOMMENDED ACTION
It is recommended that the City Council receive public comment and select the Final Redistricting Map redefining the boundaries of all City Council electoral districts of the City.

FISCAL IMPACT
None.

DISCUSSION
The City adopted its current district boundaries based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Be geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Display easily identifiable boundaries

5. Be compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party At its January 11, 2022 public hearing, the Council directed the inclusion of additional refinements to the both Map “B” and Map “91”, which were presented at the January 25, 2022 Public Hearing as Maps “B” and “91” respectively. On February 8, 2022, the Council has scheduled a Special Meeting to consider and designate a Final Redistricting Map for presentation and final selection by adoption of Resolution at its February 8, 2022 Regular Antioch City Council Report
February 8, 2022 Agenda Item #SM-1 2
City Council meeting.

The Final Redistricting Map will comply with the federal requirements of equal population and the Voting Rights Act, and the California Fair Maps Act, in the following manner:
(1) The districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and minimal intrusions from the area of one district into another;
(2) To the extent practicable, the Final Redistricting Map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitute communities of interest in the public eye. (3) The districts are easily identifiable and understandable by residents. The districts in the Final Redistricting Map form a relatively simple pattern. (4) To the extent practicable, the districts are geographically compact.Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.
(5) The districts are balanced in terms of total population and voting age population.

The districts are well within the one-person/one-vote deviations permitted under federal and state voting rights laws.
(6) The districts conform to concentration of minority voters. The Final Redistricting Map creates one majority/minority Black voting district.

Before adopting a Final Redistricting Map of district boundaries, at least four hearings must be held for the public to provide input about the composition of City Council districts. These hearing requirements include at least: (1) one hearing before any maps are drawn, (2) two hearings after maps are drawn, and (3) one hearing or workshop to be held on a Saturday, Sunday, or after 6 p.m. on a weekday. The City Council redistricting public hearing dates include the following: Tuesday, October 12, 2021, Saturday, October 16, 2021, Tuesday, November 9, 2021, Tuesday, December 14, 2021, Tuesday, January 11, 2022, Tuesday, January 25, 2022 and Tuesday, February 8, 2022.

ATTACHMENTS
A. Redistricting Finalist Draft Map B
B. Redistricting Finalist Draft Map 91
C. Antioch Finalist Draft Map Demographics

1 Agenda #

INTRODUCTION OF NEW CITY EMPLOYEES
DATE: Regular Meeting of February 8, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Nickie Mastay, Administrative Services Director Finance Director Dawn Merchant would like to introduce:

Damien Aguirre, Customer Service Representative
Amanda Johnson, Customer Service Representative
Dayra Morales, Customer Service Representative
Public Works Director/City Engineer John Samuelson would like to introduce:

Christina Glatz, Administrative Assistant
Monique Villagrana, Administrative Assistant

IN HONOR OF

BLACK HISTORY MONTH
FEBRUARY 2022

WHEREAS, Black History Month is observed in February of every year;

WHEREAS, the origins of Black History Month can be traced to 1915, half a century after the Thirteenth Amendment abolished slavery in the United States;

WHEREAS, the Black History Month 2022 theme focuses on the importance of Black Health and Wellness. This theme acknowledges the legacy of not only Black scholars and medical practitioners in Western medicine, but also other ways of knowing (for example, doulas, midwives, herbalists, etc.) throughout the African Diaspora.

The 2022 theme considers activities, rituals, and initiatives that Black communities have engaged in to achieve wellness;

WHEREAS, the achievements of African Americans in the Arts, Civil Rights, Education, Entertainment, Government, History, Law, Literature, Medicine, Military, Music, Politics, Science, Sports, and other endeavors are recognized and celebrated in the month of February;

WHEREAS, the observance of Black History Month calls our attention to the ongoing need to build a community and society that live up to our collective democratic ideals;

WHEREAS, the City of Antioch continues to work toward becoming an inclusive community in which all residents past, present, and future are respected and recognized for their contributions and potential contributions to our community, the state, the country, and the world; and

WHEREAS, the City of Antioch is proud to honor the history and contributions of African Americans in our community, throughout our state, and nation.

NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby proclaim February 2022 to be . I encourage all citizens to celebrate our diverse heritage and culture and to continue our efforts to create a world that is more just, peaceful, and prosperous for all.

FEBRUARY 8, 2022

_________________________________
LAMAR A. THORPE, Mayor 2
02-08-22
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(Minors should be accompanied by a parent or guardian)
ANTIOCH COMMUNITY CENTER 4701 Lone Tree Way Antioch
Seven days per week: 11:00 A.M.6:30 P.M.

Appointments for Testing Only
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TuesdaySaturday: 8:00 A.M.11:30 A.M. and 12:30 P.M.3:00 P.M.

Appointments (Vaccine Offered: One-dose and two-dose) CCHS vaccine screening and consent forms for minors
------------------------------------------------------------------------------------------------ ANTIOCH HEALTHCENTER1335 Country Hills Dr. Antioch
MondayFriday: 8:00 A.M.4:30 P.M.
(Vaccine Offered: Two-dose only)
CCHS vaccine screening and consent forms for minors
Getting Tested at County and State Sites
Scheduled Appointment Testing: Call (833) 829-2626 to schedule an appointment at any County or State site or schedule online.

No Appointment Testing: Walk-ins without appointment are accepted at these additional locations in Contra Costa Countycounty testing locations(until 11:30 a.m.). People without an appointment may have long wait times.

Testing for Work and School: If you need regularly testing for work or school, please make an appointment or get tested through your healthcare provider. Click here for information about getting a free COVID-19 vaccine.

For more information, go online and visit
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CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS SUCCESSOR AGENCY

TO THE ANTIOCH DEVELOPMENT AGENCY

Regular Meeting December 14, 2021
7:00 P.M. Council Chambers

5:30 P.M. - CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Labor Negotiators is authorized by California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, and Jeff Bailey; Employee organizations:

Association.

2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of Litigation pursuant to California Government Code section 54956.9(c): One potential case.

7:00 P.M. REGULAR MEETING

Mayor Thorpe called the meeting to order at 7:00 P.M., and City Clerk Householder called the roll.

Present: Council/Agency Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock and Mayor Thorpe

Absent: Mayor Pro Tem (District 4) Wilson (arrived at 7:55 P.M.)

PLEDGE OF ALLEGIANCE

Mayor Thorpe led the Pledge of Allegiance.

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LABOR NEGOTIATORS, no reportable action; and #2 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, Council accepted the settlement agreement, by a 4-0 vote with Councilmember Wilson absent.

7:05 P.M. PUBLIC HEARING

1. REDISTRICTING IN ANTIOCH: DRAFT REDISTRICTING MAPS

Mayor Thorpe announced in English and Spanish that a Court Certified Translator was available for anyone needing translation services this evening.

A
02-08-22

ANTIOCH CITY COUNCIL

SUCCESSOR AGENCY
Regular Meeting
December 14, 2021 Page 2 of 17

City Attorney Smith introduced Jane Hood and Karin Mac Donald, Q2 Data & Research LLC, who displayed draft and publicly submitted maps, and presented the staff report dated December 14, 2021, recommending the City Council: 1) Receive the redistricting presentation and public comment on the draft redistricting maps, and 2) Provide feedback and direction to the demographer on drafting the redistricting maps.

In response to Council, Ms. Hood reviewed map 58 and draft map C.

Patricia Granados questioned who was responsible for the draft map district lines and cautioned against gerrymandering for an elected official.

Fernando Peniche, Antioch resident, questioned how the public could obtain redistricting information in Spanish.

Mayor Thorpe reminded the public that Council would not engage with the speakers during public comment and noted questions asked may be responded to by Council, the consultant or staff after the public comment period was closed.

Allen Payton spoke in support of publicly submitted map 58 and suggested Council extend the process to give the public additional time to provide input.

Phillip Lubina, Antioch resident, spoke in support of extending the public hearing process to allow additional time to review the maps.

Harry Thurston, Antioch resident, requested the City Council approve draft map 2B.

Mary Rocha, Antioch resident, suggested Council slow the process and provide all information in Spanish.

Micha Morris-Silveira requested the City Council approve draft map 2B.

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

Sandra Hartrick, Nora von Ubin, Virginia Hood, Larry Hopwood, Dee, Arne Simonsen, Mark Jordan, Jackie Hooke, Liza Lucio and Tom Hartrick.

Mayor Thorpe thanked everyone who participated in the process and noted Council would take all maps submitted under consideration. He encouraged the Antioch Unified School District to provide sufficient time for the public to participate in their redistricting process. He announced that all information pertaining to the original district map was available and commented that it was not created to benefit any Councilmembers.

In response to Councilmember Barbanica, Jane Hood announced the deadline for submitting a final map was April 2022. She reported that a lot of the redistricting information was available in a Court Certified Interpreter was present during public hearings for anyone requesting translation.

ANTIOCH CITY COUNCIL

SUCCESSOR AGENCY
Regular Meeting
December 14, 2021 Page 3 of 17

City Clerk Householder added that the website could be translated into any language and all redistricting materials were ADA accessible.

In response to Councilmember Barbanica, Karin Mac Donald explained that they could not determine how many people had difficulty creating maps; however, they had been successful at assisting people via online help. She commented Antioch received more submissions than several other jurisdictions. Jane Hood confirmed that every map submitted by the public was presented this evening.

Councilmember Ogorchock commented that there had been more community engagement since Council resumed in-person meetings. She reported she had received feedback from residents who indicated that they had been unable to submit maps and thanked those who had been successful at doing so. She discussed the importance of maintaining communities of interest and noted that she did not support the current district map because it did not remain along a main thoroughfare.

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council extended the redistricting process through February. The motion carried the following vote:

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

Following discussion, Council consensus directed staff to bring back all draft maps for consideration.

Jane Hood advised the Council that one map had an issue of point contiguity because District 4 was only connected at one point.

2. PROCLAMATION

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the Council members present unanimously approved the Proclamation.

MAYOR PRO TEM (DISTRICT 4) WILSON ARRIVED AT 7:55 P.M. AFTER THE VOTE OF THE PROCLAMATION.

The City Council thanked City Manager Bernal for his professionalism and acknowledged his accomplishments. They wished him well in his retirement.

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

Mark Jordan.

ANTIOCH CITY COUNCIL

SUCCESSOR AGENCY
Regular Meeting
December 14, 2021 Page 4 of 17

PRESENTATION

On behalf of Supervisor Burgis, Mayor Thorpe presented City Manager Bernal with a certificate.

George Escutia, Jr. on behalf of Senator Glazer, presented a resolution to City Manager Bernal.

him the best in his retirement.

Mayor Thorpe announced a celebration honoring City Manager Bernal would be held December 16, 2021, at the Antioch Community Center.

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS None

PUBLIC COMMENTS

Andrew Becker, Antioch resident, stated City Manager Bernal would be missed and spoke to potential opportunities for Project Homekey in Antioch.

Lacey Brown, Antioch Homeless Coalition, announced their intent to seek legal action against the City of Antioch regarding policies and practices related to the towing and impounding of vehicles being utilized as a shelter or residence. She requested a meeting with the city to resolve the issues.

Patricia Granados thanked Council actions
against the Asian community and noted that racism continued to occur in Antioch.

Steven Coll, Antioch resident, representing Black Diamond Canyon Neighborhood Association, commended City Manager Bernal for his accomplishments. He discussed illegal dumping occurring on city owned property near Hanson Park and presented Council with a petition requesting the installation of an entry barrier in the area.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Torres-Walker reported on her attendance at the California Violence Intervention and Prevention (CalVIP) meeting.

Councilmember Barbanica reported on his attendance at an Unhoused Resident Standing Committee meeting.

Councilmember Wilson reported on her attendance at Delta Diablo and announced Tri Delta would be meeting on December 15, 2021.

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Mayor Thorpe reported on his attendance at the California Violence Intervention and Prevention (CalVIP) and Transitional Housing Committee meetings. He announced he would be attending a Tri Delta meeting on December 15, 2021.

ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER

BARBANICA THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEM #11 TO BE HEARD FOLLOWING THE CONSENT CALENDAR.

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR OCTOBER 26, 2021

B. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR NOVEMBER 2, 2021

C. CITY COUNCIL MEETING MINUTES FOR NOVEMBER 9, 2021

D. CITY COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES OF NOVEMBER 16, 2021

E. CITY COUNCIL MEETING MINUTES OF NOVEMBER 23, 2021

F. APPROVAL OF COUNCIL WARRANTS

G.

H. REJECTION OF CLAIMS: (1) RALPH HERNANDEZ, (2) NICHOLAS ROARK, AND (3)

ANTI POLICE-TERROR PROJECT

I. SA RESOLUTION NO. 2021/37 RECOGNIZED OBLIGATION PAYMENT SCHEDULE (2022-23) FOR THE SUCCESSOR AGENCY TO THE ANTIOCH DEVELOPMENT

AGENCY OF THE CITY OF ANTIOCH

J. RESOLUTION NO. 2021/186 ASSEMBLY BILL (AB) 361: RESOLUTION MAKING

FINDINGS NECESSARY TO CONDUCT BROWN ACT MEETINGS BY

TELECONFERENCE FOR THE CITY COUNCIL, BOARDS, COMMISSIONS, AND

COMMITTEES

K. RESOLUTION NO. 2021/187 DESIGNATING DEPUTY CITY CLERK CHRISTINA

CITY CLERK FOR SELECTED PROCEEDINGS

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L. RESOLUTION NO. 2021/188 AUTHORIZATION FOR THE CITY MANAGER TO ENTER

INTO CONSULTANT SERVICE AGREEMENT WITH EVVIVA BRANDS, LLC FOR THE

OPPORTUNITY LIVES HERE CAMPAIGN RELAUNCH ASSET DEVELOPMENT FOR $65,000 AND FOR MEDIA PURCHASES NOT TO EXCEED $185,000 FOR FISCAL YEAR 2021/22

M. ASSEMBLY BILL (AB) 1600 DEVELOPMENT IMPACT FEE REPORT

N. RESOLUTION NO. 2021/189 APPROVING A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC., TO PROVIDE

SUPPORT TO THE BUILDING INSPECTION SERVICES DIVISION OF THE

COMMUNITY DEVELOPMENT DEPARTMENT AND AUTHORIZING THE CITY

MANAGER TO ENTER INTO THE AGREEMENT

O. RESOLUTION NO. 2021/190 APPROVE SOLE SOURCE FOR POLICE RADIO EAST

BAY REGIONAL COMMUNICATION SERVICES (EBRCS) ENCRYPTION

P. RESOLUTION NO. 2021/191 AMENDMENTS TO MEMORANDA OF AGREEMENT

WITH CONTRA COSTA HEALTH SERVICES FOR MUTUAL AID RESPONSE TO COVID-19 PANDEMIC USE OF CITY OF ANTIOCH FACILITIES

Q. RESOLUTION NO. 2021/192 SIXTH AMENDMENT TO THE CONSULTANT SERVICES

AGREEMENT WITH MUNICIPAL FINANCIAL SERVICES FOR VARIOUS WATER AND SEWER RATE FEE SERVICES (P.W. 362-9)

R. RESOLUTION NO. 2021/193 MEMORANDUM OF UNDERSTANDING WITH THE

CELEBRATE ANTIOCH FOUNDATION FOR PLANNING AND EXECUTION OF SESQUICENTENNIAL EVENTS IN THE AMOUNT OF $145,000

S. RESOLUTION NO. 2021/194 APPROVAL OF TWO (2) 10-WHEEL DUMP TRUCKS

UTILIZING A SOURCEWELL COOPERATIVE PURCHASING AGREEMENT WITH

NATIONAL AUTO FLEET GROUP

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously approved the Council Consent Calendar.

COUNCIL REGULAR AGENDA

11. CONSIDER AND ADOPT A RESOLUTION TO ENTER INTO A PROJECT STABILIZATION AGREEMENT FOR PROJECTS VALUED AT OVER $1,000,000

City Manager Bernal introduced Regular Agenda Item #11.

Director of Public Works/City Engineer Samuelson presented the staff report dated December 14, 2021, recommending the City Council adopt a resolution approving a Project Stabilization

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Agreement with the Contra Costa Building and Construction Trades Council for City Capital Improvement Projects valued at over $1,000,000 for a period of five years, commencing upon adoption of the Agreement and authorizing the City Manager or Designee to execute the Agreement. He announced Outside Counsel Thomas Kovacich was available to answer questions this evening.

Bill Whitney, Contra Costa Building Trades, and Marilyn Ferguson, Union Electrician Local 302, spoke in support of the resolution approving the Project Stabilization Agreement.

In response to Councilmember Barbanica, City Manager Bernal clarified that language in section

8.4 of the agreement covered the local hiring provision.

Councilmember Barbanica spoke in support of a provision that would require the unions to work with AUSD to develop a program that would advance students into an apprentice program upon successful graduation.

Councilmember Ogorchock suggested this provision be discussed at a City/AUSD Standing Committee meeting.

A motion was made by Councilmember Ogorchock, seconded by Councilmember Wilson to adopt a resolution approving a Project Stabilization Agreement with the Contra Costa Building and Construction Trades Council for City Capital Improvement Projects valued at over $1,000,000 for a period of five years, commencing upon adoption of the Agreement and authorizing the City Manager or Designee to execute the Agreement.

A substitute motion was made by Councilmember Barbanica to adopt the resolution with a stipulation that the Unions had two years to work with AUSD to develop a program for youth that once they completed successfully, allowed them to move into an apprentice program.

item; however, Council did not have the authority to dictate the actions of the school district. She stated if Councilmember Barbanica withdrew his motion, she would work with Councilmember Torres-Walker to agendize this item for the City/School Standing Committee.

Councilmember Barbanica withdrew his substitute motion.

RESOLUTION NO. 2021/195

A vote taken on the previous motion to adopt the resolution unanimously passed.

PUBLIC HEARING Continued

4. KWMA COLLECTIVE (UP-21-16)

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Senior Planner Merideth presented the staff report dated December 14, 2021, recommending the City Council adopt the resolution approving a Use Permit (UP-21-16) for a commercial cannabis cultivation facility, subject to conditions of approval.

Mayor Thorpe opened the public hearing.

Alex Yao Chen, Project Architect, gave a PowerPoint presentation of the KWMA Collective LLC. project.

Mayor Thorpe closed the public hearing.

In response to Councilmember Barbanica, Captain Morefield explained that the applicant had met all requirements brought forward by the Antioch Police Department with respect to their physical security.

RESOLUTION NO. 2021/196

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted the resolution approving a Use Permit (UP-21-16) for a commercial cannabis cultivation facility, subject to conditions of approval.

ON MOTION BY COUNCILMEMBER BARBANICA, SECONDED BY COUNCILMEMBER

OGORCHOCK, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED REGULAR AGENDA ITEM #7 TO BE HEARD AS THE NEXT ORDER OF BUSINESS.

COUNCIL REGULAR AGENDA Continued

7. BOARD OF ADMINISTRATIVE APPEALS APPOINTMENTS FOR ONE VACANCY EXPIRING MARCH 2024 AND ONE VACANCY EXPIRING MARCH 2022

City Clerk Householder announced Mayor Thorpe nominated Crystal Sawyer White to the Board of Administrative Appeals for the 4-year term vacancy, expiring March 2024 and Ronald A. Grant to the Board of Administrative Appeals for the 2-year vacancy, expiring March 2022.

City Clerk Householder read a biography for Crystal Sawyer-White.

RESOLUTION NO. 2021/197

On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker the City Council unanimously appointed by resolution Crystal Sawyer-White for one 4-year term vacancy, expiring March 2024.

In response to City Attorney Smith, City Clerk Householder clarified that technically the above- mentioned term was a partial term vacancy expiring March 2024.

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City Clerk Householder read a biography for Ronald A. Grant.

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously appointed by resolution Ronald Grant for one partial term 2-year vacancy expiring March 2022.

Mayor Thorpe thanked Crystal Sawyer-White and Ronald A. Grant for volunteering to serve the City.

City Clerk Householder administered the Oath of Office to Crystal Sawyer-White and Ronald A.

Grant.

PUBLIC HEARING Continued

5. AMENDMENT TO CHAPTER 3 OF TITLE 6 OF THE ANTIOCH MUNICIPAL CODE

REGARDING SOLID WASTE COLLECTION FOR RESOURCE RECOVERY IN ACCORDANCE WITH SENATE BILL 1383

Environmental Resource Coordinator Haas-Wajdowicz presented the staff report dated December 14, 2021, recommending the City Council introduce, waive the first reading, and read by title only the proposed Ordinance.

Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.

In response to Council, Environmental Resource Coordinator Haas-Wajdowicz stated this item was in alignment with the Climate Action Resilience Plan. She confirmed that she was networking with youth groups to help with educating the public. She noted that residents could potentially be cited for placing an item in the incorrect bin; however, the goal was compliance.

She explained the three-sort program and commercial edible food generators.

Mayor Thorpe commented Code Enforcement focused on enforcement through education and citations would be a last resort.

Councilmember Ogorchock thanked Environmental Resource Coordinator Haas-Wajdowicz for the presentation.

In response to Councilmember Ogorchock, Environmental Resource Coordinator Haas- Wajdowicz explained that educating residents would occur once they negotiated an organic program with Republic Services and residents would receive a yard waste cart calendar outlining the changes in service.

On motion by Councilmember Wilson, seconded by Councilmember Ogorchock the City Council unanimously introduced, waived the first reading, and read by title only the proposed Ordinance regarding resource recovery in accordance with SB1383.

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COUNCIL REGULAR AGENDA Continued

6. BUDGET AMENDMENT AND ALLOCATION OF FUNDS FOR CREATION OF

CONCEPTS FOR A CHINATOWN COMMEMORATION PROJECT AND CHINESE

HISTORY PROJECT AT THE ANTIOCH HISTORICAL SOCIETY MUSEUM

Director of Economic Development Reed presented the staff report dated December 14, 2021, recommending the City Council adopt a resolution approving an amendment and allocation of ount of $60,000
for the creation of concepts to corroborate and commemorate the historic Chinatown in the Rivertown area and the Chinese History Project at the Antioch Historical Society Museum.

David Kippen and Dr. Cate Newsom, Evviva Brands, gave introductory comments and reviewed their proposal for Antioch Chinatown Memorial Concepting.

Claudia Ocello, Museum Partners Consulting, LLC., gave an overview of their proposal for the Interpretive Planning Process Chinese History Project Antioch Historical Society.

Mayor Thorpe stated this was historic and he voiced his appreciation to the members of the Antioch Historical Society for their patience and feedback. He also thanked Assistant City Manager Bayon Moore for working on this project.

Councilmember Ogorchock spoke in support of the project.

RESOLUTION NO. 2021/198

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted a resolution approving an amendment and allocation of funding to the City
creation of concepts to corroborate and commemorate the historic Chinatown in the Rivertown area and the Chinese History Project at the Antioch Historical Society Museum.

8. POLICE REFORM ANTIOCH CARE TEAM (ACT) PROGRAM DEVELOPMENT

Assistant City Manager Bayon Moore presented the staff report dated December 14, 2021, recommending the City Council adopt a resolution formally accepting the Final Report from Urban Strategies Council for the Antioch Care Team Program Pilot and directing City Staff to proceed with the solicitation and procurement process.

David Harris and Ann Jenks representing Urban Strategies Council, gave an Antioch Care Team (ACT) Program Development PowerPoint presentation.

Harry Thurston, Antioch resident, Patricia Granados, Diana Collins Puente, Bella Q.C. and Robert Collins spoke in support of Council adopting the resolution.

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

Marie Arce and Gretchen Tofflemire.

Councilmember Torres-Walker thanked Urban Strategies Partners for the report and Assistant City Manager Bayon Moore for her work on this item.

In response to Councilmember Torres-Walker, Assistant City Manager Bayon Moore clarified the estimated budget presented was based on going out to bid to secure the services of an outside provider and all items would be discussed in the procurement process. She noted a project would come back to Council for consideration.

Mr. Harris added they developed the estimated budget based on their experience with similar program designs in other jurisdictions.

Councilmember Torres-Walker stated she believed an RFQ was a more appropriate option to get the best qualified provider.

Interim Chief Morefield stated the Antioch Police Department was supportive of this process. He reported there may be additional costs for radios; however, he believed they may have been factored into the budget. Additionally, Urban Strategy Partners suggested they join the Antioch Police Department for briefing trainings which were built into their schedule.

A motion was made by Councilmember Barbanica, seconded by Councilmember Wilson to adopt a resolution formally accepting the Final Report from Urban Strategies Council for the Antioch Care Team Program Pilot and directing City Staff to proceed with the solicitation and procurement process.

Councilmember Ogorchock, speaking to the motion, stated she wanted to make sure the city was partnering with the County, and they were assisting with funding. Additionally, she asked if PERS was factored into staffing costs.

In response to Councilmember Ogorchock, Mr. Harris clarified pension expenses were not included for employees given that it would be a non-profit organization.

Mayor Thorpe commented that there had been consensus that the city wanted to develop their own model.

Mr. Harris noted they had met with Dr. Tavano and staff from the County regarding this program and they were supportive of this effort.

RESOLUTION NO. 2021/199

A vote taken on the previous motion to adopt the resolution unanimously passed.

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Mayor Thorpe declared a recess at 10:22 P.M. The meeting reconvened at 10:30 P.M. with all Council members present.

9. POLICE REFORM ANTIOCH POLICE DEPARTMENT (APD) POSITIONAL

ASPHYXIA POLICY

Interim Chief Morefield presented the staff report dated December 14, 2021, recommending the City Council: 1) Consider the positional asphyxia policy recommended by the Police Oversight Standing Committee and the revisions to the policy recommended by the Antioch Police Officers Association and 2) Adopt the resolution approving an Antioch Police Department Positional Asphyxia Policy for inclusion in the Antioch Police Department Policy Manual including the incorporation of any desired revisions to the policy. He explained the following APOA recommended revisions to the policy and noted he agreed with the edits requested:

PURPOSE AND SCOPE replacing in the last
sentence
POSITIONAL ASPHYXIA REQUIREMENTS a) replacing with
in the second sentence
POSITIONAL ASPHYXIA REQUIREMENTS d) replacing in the first two sentences

Harry Thurston, Antioch resident, Patricia Granados, Robert Collins, Diana Quinto-Collins, Casandra Quinto Collins and Bella Q.C., supported the Positional Asphyxia Policy and offered their suggested revisions. Mr. Collins invited the public to a memorial for Angelo Quinto at 4:00 P.M. on December 23, 2021, at the Quinto-Collins residence.

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

Gretchen Tofflemire.

Councilmember Ogorchock clarified that she was not in attendance at the September 7, 2021, meeting as stated in the staff report.

City Attorney Smith stated that he believed Councilmember Ogorchock attended the meeting.

Following discussion, Council consensus supported the following revisions to the policy.

XXX.X PURPOSE AND SCOPE last sentence to read - People may die from positional asphyxia and suffocation
XXX.3 POSITIONAL ASPHYXIA REQUIREMENTS a) - replace

XXX.3 POSITIONAL ASPHYXIA REQUIREMENTS d) to read
down while restraining them, officers shall make every reasonable effort to avoid placing weight on
unless necessary to protect the person from injuring themselves or others. No more than unless an imminent

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threat to the officer or the public requires it. If additional assistance is needed, an

Interim Chief Morefield stated he agreed with the language revisions supported by Council.

RESOLUTION NO. 2021/200

On motion by Councilmember Barbanica, seconded by /Councilmember Ogorchock the City Council adopted the resolution approving an Antioch Police Department Positional Asphyxia Policy for inclusion in the Antioch Police Department Policy Manual including the following revisions:

XXX.X PURPOSE AND SCOPE last sentence to read - People may die from positional asphyxia and suffocation
XXX.3 POSITIONAL ASPHYXIA REQUIREMENTS a) - replace

XXX.3 POSITIONAL ASPHYXIA REQUIREMENTS d) to read If officers hold a person down while restraining them, officers shall make every reasonable effort to avoid placing unless necessary to protect the person from injuring themselves or others. No more than unless an imminent
threat to the officer or the public requires it. If additional assistance is needed, an rict their movement.

The motion carried the following vote:

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

Mayor Thorpe reminded the public the Antioch Police Department had body and dash cameras to aid in the transparency.

10. UNHOUSED RESIDENT SERVICES - RESOLUTION AUTHORIZING EXECUTION OF

MEMORANDUM OF UNDERSTANDING (MOU) WITH CONTRA COSTA COUNTY

HEALTH, HOUSING AND HOMELESS SERVICES REGARDING DELTA LANDING INTERIM HOUSING IN AN AMOUNT NOT TO EXCEED $284,700

Unhoused Resident Coordinator Ridley presented the staff report dated December 14, 2021, recommending the City Council adopt the resolution authorizing staff to execute a MOU subject .

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

Gretchen Tofflemire.

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A motion was made by Councilmember Barbanica, seconded by Councilmember Ogorchock to adopt the resolution authorizing staff to execute a

Councilmember Ogorchock expressed concern that the Ad Hoc Committee had not come to the City Council prior to this agenda item coming forward.

A substitute motion was made by Councilmember Ogorchock to revise the fourth Whereas in ent with
Contra Costa County and recommends said requested action; substitute motion failed for the lack of a second.

RESOLUTION NO. 2021/201

A vote taken on the previous motion to adopt the resolution as presented unanimously passed.

Councilmember Ogorchock stated the Ad Hoc Committee was over the 6-month timeframe and needed to come back to Council for reconsideration.

Mayor Thorpe commented that the Ad Hoc Committee was not on the agenda this evening.

12. CONSIDERATION OF RESOLUTION ADOPTING THE 2021 CITY OF ANTIOCH

EMERGENCY OPERATIONS PLAN

Interim Chief Morefield introduced Lieutenant Fortner who presented the staff report dated December 14, 2021, recommending the City Council adopt a resolution approving the 2021 City of Antioch Emergency Operations Plan and authorizing the Mayor to sign the Letter of Promulgation stating the Council's support for the plan.

A motion was made by Councilmember Barbanica, seconded by Councilmember Ogorchock to adopt a resolution approving the 2021 City of Antioch Emergency Operations Plan and authorizing the Mayor to sign the Letter of Promulgation stating the Council's support for the plan.

In response to Councilmember Ogorchock, Lieutenant Fortner clarified that when the city aligned their plans with the state and federal government, they would offer help which could be utilized to upgrade the Emergency Operations Center. Paul Bockrath, Preparative Consulting, added that it was important systems share information and collaborate with other response partners.

He noted the current Emergency Operations Center was lacking the technology and resources needed to be effective in carrying out that mission.

RESOLUTION NO. 2021/202

A vote taken on the previous motion to adopt the resolution unanimously passed.

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13. SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH AND THE

CONFIDENTIAL BENEFIT UNIT SALARY ADJUSTMENTS FROM THE TOTAL

COMPENSATION STUDY FINAL REPORT

Administrative Services Director Mastay presented the staff report dated December 14, 2021, recommending the City Council adopt a resolution: 1) Approving the Side Letter Agreement between the City of Antioch and the Confidential Benefit Unit Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations; 2) Authorize the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and the Confidential Benefit Unit; and 3) Authorize the Finance Director to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

RESOLUTION NO. 2021/203

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted a resolution: 1) Approving the Side Letter Agreement between the City of Antioch and the Confidential Benefit Unit Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations; 2) Authorize the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and the Confidential Benefit Unit; and 3) Authorize the Finance Director to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

14. HOURLY (PART-TIME) CLASSIFICATIONS SALARY SCHEDULE SALARY

ADJUSTMENTS FROM THE TOTAL COMPENSATION STUDY FINAL REPORT

Administrative Services Director Mastay presented the staff report dated December 14, 2021, recommending the City Council adopt a resolution: 1) Approving the Hourly (Part-Time) Classifications Salary Schedule Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021; and 2) Authorizing the Finance Director to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Part-Time Salary Schedule Salary Adjustments.

RESOLUTION NO. 2021/204

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted a resolution: 1) Approving the Hourly (Part-Time) Classifications Salary Schedule Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021; and 2) Authorizing the Finance Director to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Part-Time Salary Schedule Salary Adjustments.

15. APPOINTMENT OF MAYOR PRO TEM

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City Attorney Smith presented the staff report dated December 14, 2021, recommending the City Council nominate and appoint the Mayor Pro Tempore.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council appointed Councilmember Barbanica as Mayor Pro Tempore. The motion carried the following vote:

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

PUBLIC COMMENTS None

STAFF COMMUNICATIONS

City Manager Bernal announced the next City Council meeting would be held on January 11, 2022. He thanked the City Council for the opportunity to serve as City Manager. He wished everyone a Merry Christmas and Happy New Year.

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Torres-Walker thanked Antioch residents and City Manager Bernal. She honored the indigenous people and her ancestors. She wished everyone a healthy holiday with their families. She explained that she had abstained on the Positional Asphyxia Policy because Council had not taken the communities opinions about the language under consideration. She stated she believed the policy should have been referred to the Police Oversight Standing Committee. She acknowledged all the work that went into developing the policy and thanked the Antioch Police Department and Interim Chief Morefield for being an advocate who was opened to progressive policies.

Councilmember Wilson wished everyone a happy holiday and suggested they be kind and refrain from using social media during the holidays.

Councilmember Barbanica wished everyone a Merry Christmas and Happy New Year. He thanked everyone for the last year and all the agencies who kept the community safe during a recent incident involving law enforcement.

Councilmember Ogorchock also thanked the agencies that assisted during a recent law enforcement incident. She wished City Manager Bernal the best during his retirement and wished everyone a Merry Christmas. She requested the Emergency Operations Center technology upgrades be agendized for reconsideration. She also requested staff agendize the timing and a policy related to Ad Hoc Committees.

Mayor Thorpe wished everyone a Merry Christmas and Happy New Year. He welcomed Interim City Manager Con Johnson and wished City Manager Bernal good luck in his retirement. He reported on his visit to a crime scene and recognized the professionalism of law enforcement

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officers. He thanked the Antioch Police Department and noted there would be a time to celebrate their efforts.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adjourned the meeting at 11:43 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

CITY COUNCIL MEETING

Regular Meeting January 11, 2022
7:00 P.M. Council Chambers

5:00 P.M. - CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of Litigation pursuant to California Government Code section 54956.9(c): One case.

2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation pursuant to California Government Code section 54956.9(b): Two Cases.

3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, Engineers Local Union No. 3 (OE3), Confidential Unit, Management Unit, and Treatment

7:00 P.M. REGULAR MEETING

Mayor Thorpe called the meeting to order at 7:01 P.M., and City Clerk Householder called the roll.

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

PLEDGE OF ALLEGIANCE

Mayor Thorpe led the Pledge of Allegiance.

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, City Council approved a settlement and release, by a 5-0 vote, #2 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, no reportable action; and CONFERENCE WITH LABOR NEGOTIATORS, no reportable action.

7:05 P.M. PUBLIC HEARING - REDISTRICTING

1. REDISTRICTING: DRAFT REDISTRICTING MAPS

City Attorney Smith introduced Jane Hood and Karin Mac Donald, Q2 Data & Research LLC, to present the staff report dated January 11, 2021, recommending the City Council: 1) Receive the B
02-08-22

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redistricting presentation and public comment on the draft redistricting maps and 2) Provide feedback and direction to the demographer on drafting the redistricting maps.

City Clerk Householder and Sandra Valmana Lastres, announced in English and Spanish that a Court Certified Interpreter was present and translation services were available.

Harry Thurston, Antioch resident, spoke in support of Council adopting draft map B.

Sharon Johnson questioned why the city was redistricting. She stated if redistricting was required, she was in support of draft map B

Mayor Thorpe explained the District and Redistricting processes.

In response to Councilmember Ogorchock, Ms. Hood displayed and reviewed the new public map submissions.

Mayor Thorpe announced the process would continue through February and encouraged the public to submit maps. He confirmed all maps submitted would be included in future staff reports.

In response to Mayor Thorpe, Ms. Hood displayed the former Quadrant B and the current district maps.

Mayor Thorpe commented the Quadrant B map was created by public engagement with elected officials, and if adopted every Councilmember serving at the time would have been in their own district. He explained the current District map was developed by consultants based on their expertise and no lines were manipulated to accommodate Councilmembers. He noted the Councilmembers who voted to approve the map did so based on the professional recommendation. He further noted the map captured communities of interest while using natural boundaries. He stated the previous process was fair and reflected identity.

In response to Councilmember Barbanica, Ms. Hood reviewed the boundaries for map 58.

2. INTRODUCTION OF NEW CITY EMPLOYEES

Mayor Thorpe introduced Interim City Manager Cornelius Johnson, who thanked the City Council for allowing him the opportunity to serve the city.

Director of Public Works/City Engineer Samuelson introduced Carlton Thompson, Assistant City Engineer, Ryan Burris, Sewer Camera Truck Operator, Zach Hylton, Water Treatment Plant Supervisor and John (Andre) LoGrasso, Water Distribution Operator, who thanked Director of Public Works/City Engineer Samuelson for the introduction and stated they looked forward to serving the citizens of Antioch.

Director of Community Development Ebbs introduced Anne Hersch, Planning Manager, who thanked Director of Community Development Ebbs for the introduction and stated she looked forward to serving the citizens of Antioch.

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Captain Schnitzius introduced Catriona Cottle and Jessie Naval, Police Dispatchers and Maraea Melander, Animal Control Officer, who thanked Captain Schnitzius for the introduction and stated they looked forward to serving the city.

Finance Director Merchant introduced Sergio Vazquez, Business License Representative I, who thanked Finance Director Merchant for the introduction and stated he looked forward to continuing to serve the city of Antioch.

Mayor Thorpe recognized staff for hiring quality employees.

3. PROCLAMATIONS

Honoring Dr. Martin Luther King, Jr. Day, January 17, 2022 Proclamation of Appreciation for Deborah Simpson
Proclamation of Appreciation for Darrell Goodbeer

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously approved the Proclamations.

Cheryl Cooper, on behalf of Victoria Adams and the NAACP, accepted and thanked the City Council for the Honoring Dr. Martin Luther King, Jr. Day, January 17, 2022, proclamation.

Deborah Simpson accepted and thanked the City Council for the Proclamation of Appreciation for Deborah Simpson.

4. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

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

Dr. Martin Luther King, Jr. MLK Day of Service, January 17, 2022 Contra Costa Health Services Free Covid-19 Testing and Vaccine

Councilmember Wilson announced events would occur throughout the month of January related to Human Trafficking Awareness month and a list of these events would be available on the

Councilmember Ogorchock announced a Dr. Martin Luther King Jr. event would be held at 11:00 A.M. on January 17, 2021, at Deer Valley High School.

PUBLIC COMMENTS

Mayor Thorpe announced that public comments were for items not on the agenda and Council would not be engaging in discussion since these items had not been agendized.

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Prudence Capelle, President of the Antioch Senior Citizens Club, submitted copies of several documents to be entered into the record related to
proposed memorandum of understanding with their organization. She requested assistance in negotiating a new resolution for their club.

Sharon Johnson, Merle Wilson and Marie Taylor expressed concern regarding the Antioch Senior Citizens Club and spoke in support of the Park and Recreation Department oversight of the Antioch Senior Center.

Desiree Rushing, Antioch resident, announced her sister Gigi Crowder would be recognized as Humanitarian of the Year at a Dr. Martin Luther King Jr. ceremony. She questioned what community members could do to assist the unsheltered.

Lacey Brown, Antioch Homeless Coalition, announced their intent to seek legal action against the City of Antioch regarding policies and practices related to the towing and impounding of vehicles being utilized as shelter. She thanked Councilmember Wilson for her assistance with a victim of domestic violence.

Leslie May thanked Councilmember Torres-Walker for her support following a death in her family. She also thanked Councilmember Wilson for announcing Human Trafficking Month and stated Community Violence Solutions was available to assist anyone in need. She noted that she had reported human trafficking occurring in Antioch to the authorities and requested the matter be investigated immediately.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Torres-Walker reported on her attendance at a Community Violence Solutions Committee meeting.

Councilmember Wilson reported on her attendance at a Tri Delta meeting.

Councilmember Barbanica
service. He encouraged citizens with concerns regarding this matter to reach out to Council for assistance with the process.

Mayor Thorpe reported on his attendance at the Community Violence Solutions, Tri Delta and Transitional Housing Committee meetings.

5. PRESENTATION

Tasha Johnson, Youth Services Network Manager, introduced the Build Antioch Workforce Design Studio Pilot Program and introduced Alan Sandler and Trish Callo representing Architectural Foundation of San Francisco (AFSF) who gave an overview of their program.

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Cesar Avila, Ivan Clark, Lara Daghlian, Chris Abner, Delci Smith and Earl Hudson gave a Reinvigorating Downtown to Create Social Spaces & Economic Opportunities PowerPoint presentation.

Lara Daghlian discussed her positive experiences with the program.

The City Council thanked Youth Services Network Manager Johnson for developing the program and the youth who participated.

Councilmember Torres-Walker suggested the next cohort consider initiatives for neighborhoods that lacked parks and green spaces.

Councilmember Wilson and Mayor Thorpe discussed the importance of investing in youth.

6. CONSENT CALENDAR

A. APPROVAL OF COUNCIL MEETING MINUTES FOR NOVEMBER 9, 2021

B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR NOVEMBER 16, 2021

C. APPROVAL OF COUNCIL MEETING MINUTES FOR NOVEMBER 23, 2021

D. APPROVAL OF COUNCIL MEETING MINUTES FOR DECEMBER 14, 2021

E. APPROVAL OF COUNCIL WARRANTS

F. ORDINANCE NO. 2200-C-S SECOND READING AMENDMENT TO CHAPTER 3 OF TITLE 6 OF THE ANTIOCH MUNICIPAL CODE REGARDING SOLID WASTE

COLLECTION FOR RESOURCE RECOVERY IN ACCORDANCE WITH SENATE BILL 1383 (Introduced on December 14, 2021)

G. RESOLUTION NO. 2022/01 UNHOUSED RESIDENT SERVICES - RESOLUTION

AUTHORIZING EXPENDITURE OF FUNDS IN EXCESS OF CITY MANAGER

SIGNATURE AUTHORITY

H. RESOLUTION NO. 2022/02 CONSIDERATION OF BIDS FOR PREWETT PARK CONCRETE IMPROVEMENTS, PHASE III (P.W. 567-9)

I. RESOLUTION NO. 2022/03 FIRST AMENDMENT TO THE DESIGN CONSULTING SERVICES AGREEMENT WITH INDIGO HAMMOND + PLAYLE ARCHITECTS FOR ON-CALL DESIGN ENGINEERING SERVICES (P.W. 700-1)

J. RESOLUTION NO. 2022/04 CONSIDERATION OF BIDS FOR THE ANTIOCH MARINA LAUNCH RAMP DOCK REPAIR, BID NO. 959-1201-21A

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K. RESOLUTION NO. 2022/05 FIRST AMENDMENT TO THE BAY ALARM COMPANY

AGREEMENT TO EXPAND THE AGREEMENT FOR ACCESS CONTROL AND VIDEO

MONITORING TO INCLUDE ANTIOCH POLICE DEPARTMENT FACILITIES

L. RESOLUTION NO. 2022/06 AB 361: RESOLUTION MAKING FINDINGS NECESSARY

TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR THE CITY

COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of item G, which was removed for further discussion.

Item G Mayor Thorpe stated he supported this item; however, he reminded staff of the importance of investing in the specific items that were initially identified by Council.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously approved Consent Calendar Item G.

PUBLIC HEARING - Continued

7. WILD HORSE MULTIFAMILY PROJECT (PD-20-01, GP-20-03, AR-21-17)

Director of Community Development Ebbs introduced Senior Planner Merideth who presented the staff report dated January 11, 2021, recommending the City Council take the following actions: 1) Adopt the resolution certifying the Wild Horse Multifamily Project Environmental Impact Report (EIR). 2) Adopt the resolution approving the Wild Horse Multifamily Project General Plan Amendment (GP-20-03) changing the land use designation from Low Density Residential to High Density Residential. 3) Introduce, waive the first reading, and read by title only the ordinance for a zoning map amendment from Planned Development District (PD) to Planned Development District (PD-20-01). 4) Adopt the resolution approving a Vesting Tentative Map, Final Development Plan, and Design Review, subject to conditions of approval (PD-20-01, AR-21-17).

Mayor Thorpe declared a recess at 8:53 P.M. and reconvened at 8:55 P.M. He announced he would recuse himself from this item as he lived in the area. He turned the gavel over to Mayor Pro Tem Barbanica and left Council Chambers.

Mayor Pro Tem Barbanica opened the public hearing.

Andrew Becker discussed the need for affordable housing. He suggested the city require developers to pay affordable housing impact and inclusionary in lieu fees for large development projects.

Phillip Su, Project Applicant, thanked the City Council for the opportunity to present his project and stated he was seeking their approval. He accepted the conditions of approval and

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recommendations from the Planning Commission and staff. He introduced his team of consultants and stated they were available to answer any questions.

Leslie May requested the total unit count for the project and questioned how many of them would be low income and rentals. She agreed with Mr. Becker with regards to the need for affordable housing and questioned the impacts of the project.

Mayor Pro Tem Barbanica closed the public hearing.

Councilmember Ogorchock requested the project be conditioned to participate in a CFD for fire protection. Additionally, she suggested the park be constructed to be an all-abilities park and a speed hump or bump be installed at the entrance to the development.

In response to Councilmember Ogorchock, Senior Planner Merideth confirmed the units on the land south of Wildhorse were removed from the project.

In response to Councilmember Wilson, Director of Community Development Ebbs stated that the project was presented as a multifamily rental project; however, the subdivision map allowed them to file a map to create condominiums.

RESOLUTION NO. 2022/07

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution certifying the Wild Horse Multifamily Project Environmental Impact Report (EIR).

RESOLUTION NO. 2022/08

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution approving the Wild Horse Multifamily Project General Plan Amendment (GP-20-03) changing the land use designation from Low Density Residential to High Density Residential.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously introduced, waived the first reading, and read by title only the ordinance for a zoning map amendment from Planned Development District (PD) to Planned Development District (PD-20-01).

RESOLUTION NO. 2022/09

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council adopted the resolution approving a Vesting Tentative Map, Final Development Plan, and Design Review, subject to conditions of approval (PD-20-01, AR-21-17) with the following additions:

Requiring a CFD for Fire
Requiring the park to be constructed to be an all-abilities park

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Requiring a speed hump or bump to be installed at the entrance to the project

The motion carried the following vote:

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

Mayor Thorpe returned to the meeting at 9:21 P.M.

8. AMENDMENT OF ANTIOCH MUNICIPAL CODE TO REQUIRE SAFE STORAGE OF

FIREARMS IN RESIDENCES

City Attorney Smith presented the staff report dated January 11, 2021, recommending the City Council introduce, waive the first reading, and read by title only the proposed safe gun storage ordinance, requiring Antioch residents to safely store firearms in their residences.

In response to Councilmember Barbanica, City Attorney Smith explained the definition of safe storage and noted the ordinance provided that the firearm be in a locked container or disabled with a safety device. He further noted it would not require the gun to be unloaded; however, it could be added, if Council so directed.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously introduced, waived the first reading, and read by title only the proposed safe gun storage ordinance, requiring Antioch residents to safely store firearms in their residences.

9. INTRODUCTION OF ORDINANCE AMENDING THE ANTIOCH MUNICIPAL CODE SECTIONS 9-5.3803 AND 9-5.3834 TO PROHIBIT OIL AND GAS DRILLING,

PRODUCTION, AND EXPLORATORY OPERATIONS AS PERMITTED USES IN THE M-2 AND S ZONES

City Attorney Smith presented the staff report dated January 11, 2021, recommending the City Council waive the first reading and introduce by title only an ordinance amending the Antioch Municipal Code Sections 9-5.3803 and 9-5.3834 to remove oil and gas drilling, production, and -2) zone and in the

Shoshana Wechsler, Sunflower Alliance, Harry Thurston, Antioch resident, Jeffrey Mann, Physician, Amanda Knollstein, Physician, Floy Andrews, Richmond resident, Stella Lin, Contra Costa resident, Alexi Lindeman, Antioch resident, Jackie Garcia Mann, 350 Contra Costa and Ian Cohen, spoke in support of the Ordinance.

Councilmember Barbanica noted that anyone owning land that could have been affected by this ordinance had not come forward; therefore, he was in support.

Councilmember Torres-Walker thanked those who fought for environmental justice in Antioch.

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Mayor Thorpe commented that a follow up to this item would be a resolution asking the County to no longer engage in this type of activity.

On motion by Councilmember Wilson, seconded by Councilmember Ogorchock the City Council unanimously waived the first reading and introduced by title only an ordinance amending the Antioch Municipal Code Sections 9-5.3803 and 9-5.3834 to remove oil and gas drilling, -2) zone

COUNCIL REGULAR AGENDA

10. DISCUSSION ITEM: PROPOSED AMENDMENT TO THE ANTIOCH MUNICIPAL CODE ADDING SECTION 9-5.3848, REGARDING TEMPORARY CANNABIS EVENTS

ON PUBLIC PROPERTY

City Attorney Smith presented the staff report dated January 11, 2021, recommending the City Council discuss amending the Antioch Municipal Code to add Section 9-5.3848 regarding temporary cannabis events on public property and provide direction to staff.

Mayor Thorpe clarified that this item came out of a request that was made to the state because when the state followed up with the city, there was no process so an answer could not be provided.

and Tom Menasco spoke in support of the amendment to allow temporary cannabis events on public property.

Martin Wesley, representing CoCo Farms, announced that they had an application to the state for use of the fairgrounds for an event. He spoke in support of the amendment to allow temporary cannabis events on public property and thanked those in support of this effort.

In response to Councilmember Ogorchock, Mr. Wesley reviewed the timeline for their event.

Following discussion, Councilmember Wilson stated with the timeline outlined by Mr. Westly she supported going through the process this evening; however, in the future she would request items such as these to be vetted through the Cannabis Committee.

In response to Council, City Attorney Smith stated that he could scope a narrow approval to address this event and then bring the item back to the Cannabis Committee for a more comprehensive approach.

Council consensus agreed to begin the process to allow the applicant to move forward with the July timeframe for their event.

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11. RESOLUTION APPROVING A NEW CLASS SPECIFICATION FOR YOUTH

SERVICES PROGRAMS COORDINATOR, ASSIGNING A SALARY RANGE, AND

ASSIGNING THE CLASSIFICATION TO THE OPERATING ENGINEERS LOCAL UNION NO. 3 REPRESENTATIONAL UNIT IV BARGAINING UNIT

Administrative Services Director Mastay presented the staff report dated January 11, 2021, recommending the City Council adopt a resolution approving the New Class Specification for Youth Services Programs Coordinator, assigning a salary range, and assigning the classification to the Operating Engineers Local Union No. 3 Representational Unit IV Bargaining Unit.

RESOLUTION NO. 2022/10

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adopted a resolution approving the New Class Specification for Youth Services Programs Coordinator, assigning a salary range, and assigning the classification to the Operating Engineers Local Union No. 3 Representational Unit IV Bargaining Unit.

12. TRANSITIONAL HOUSING AD HOC COMMITTEE DISSOLUTION OR CREATION OF

A STANDING COMMITTEE

Administrative Services Director Mastay presented the staff report dated January 11, 2021, recommending the City Council take the following actions: 1) Adopt the resolution ratifying the term of the Transitional Housing Ad Hoc Committee from December 15, 2020 to January 11, 2022 and dissolving the ad hoc committee. 2) Determine whether to establish a new ad hoc committee or create a standing committee. (Please note: Ad Hoc Committees may be dissolved, and another created with a different and specific purpose, in the same genre).

Andrew Becker, Here Today Home Tomorrow, expressed concern that this item was being considered so late in the evening. He stated that he believed the committee had not worked with transparency because his proposal for a possible development project had not been brought before Council. He reported he raised the issue that the committee had ceased to exist and the response he received was that it did not matter. He urged Council to understand what was being brought before them.

Councilmember Barbanica reported that he along with Mayor Thorpe had recently met with several individuals as part of the duties with this committee, and participants had attempted to exclude him from the process knowing that he did not support a long-term housing project in his District. He noted there was a process to go through which had not occurred. He spoke to the Ad Hoc Committee accomplishments.

Councilmember Torres-Walker thanked Mr. Becker and advocates serving the unhoused. She explained that she received a recommendation from stakeholders to investigate Project Home Key funding and Mr. Becker was also looking into that funding mechanism, so she had met with him to discuss how to organize a partnership. She explained that Mr. Becker was told the conversation needed to go to the Ad Hoc Committee; however, he wanted to meet with key city staff and the Councilmember that he had already been working with on this item. Additionally,

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she stated once it was determined that the ad hoc was operating outside a mandate the item should have come back to the City Council. She supported , the establishment of a Housing and Homelessness Commission, and working collaboratively with members of the community on housing issues.

Mayor Thorpe stated he was not in support of continuing the ad hoc committee because they could build a Human Rights and Equity Commission of people with the expertise to address human rights, including housing. He commented that Assistant City Manager Bayon Moore would still appreciate feedback from Council related to transitional housing during the interim period.

Councilmember Torres-Walker added that nothing prevented staff or individual Councilmembers from engaging community members in conversations on initiatives and authority to contact stakeholders to gather input.

Mayor Thorpe stated he would bring back a process for the establishment of a Human Rights and Equity Commission, as a future agenda item.

A motion was made by Councilmember Barbanica and seconded by Councilmember Torres- Walker to adopt the resolution ratifying the term of the Transitional Housing Ad Hoc Committee from December 15, 2020 to January 11, 2022, and dissolving the ad hoc committee.

Speaking to the motion, Councilmember Ogorchock stated that she felt the ad hoc committee had been very successful and should remain its own entity. She requested staff maintain a calendar for Ad Hoc Committees.

In response to Councilmember Torres-Walker, Mayor Thorpe commented that he would bring back a temporary overlay to address housing and homelessness items.

RESOLUTION NO. 2022/11

A vote taken on the previous motion to adopt the resolution passed. The motion carried the following vote:

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

13. COMMUNITY VIOLENCE SOLUTIONS AD HOC COMMITTEE EXTENSION,

DISSOLUTION OR CREATION OF A STANDING COMMITTEE

Administrative Services Director Mastay presented the staff report dated January 11, 2021, recommending the City Council: 1) Receive an update from Committee members of the Community Violence Solutions Ad Hoc Committee on their ad hoc committee activities. 2) Determine whether to extend the ad hoc committee, dissolve the ad hoc committee or create a standing committee. (Please Note: Ad Hoc Committees may be dissolved, and another created with a different and specific purpose, in the same genre).

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Mayor Thorpe and Councilmember Torres-Walker reported out on the activities of the Ad Hoc Committee and spoke in support of extending the Community Violence Solutions Ad Hoc Committee for 6 months.

Mayor Thorpe explained that committees only made recommendations to Council and any Councilmember could make a recommendation irrespective of an Ad Hoc or Standing Committee.

On motion by Councilmember Torres-Walker, seconded by Councilmember Barbanica the City Council extended the Community Violence Solutions Ad Hoc Committee consisting of Councilmember Torres-Walker and Mayor Thorpe, for 6 months.

PUBLIC COMMENT None

STAFF COMMUNICATIONS

City Attorney Smith wished everyone a Happy New Year.

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Torres-Walker requested the following items be agendized for discussion:

Human Rights and Racial Equity Commission, Strategic Plan Update, and a presentation from the Economic Development Commission. She wished everyone a Happy New Year and honored the indigenous people and her ancestors.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously adjourned the meeting at 10:31 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk
- -

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of , 20
Honorable Mayor and Members of the City Council
SUBMITTED BY:Christina Garcia, CMC, Deputy City Clerk
APPROVED BY:

SUBJECT: C ouncil Meeting Minutes of , 20

RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of .

FISCAL IMPACT
None

DISCUSSION
N/A

ATTACHMENT
None.

Nickie Mastay, Administrative Services Director

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of , 20
Honorable Mayor and Members of the City Council
SUBMITTED BY:Christina Garcia, CMC, Deputy City Clerk
APPROVED BY:Nickie Mastay, Administrative Services Director SUBJECT: City Council Special Meeting Minutes of 20

RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting Minutes .

FISCAL IMPACT
None

DISCUSSION
N/A

ATTACHMENT
None.
4E___________

F
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 8, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Second Reading: Ordinance Amending the Antioch Municipal Code by Adding Section 9-5.3848, Regarding Temporary Cannabis Events on Public Property

RECOMMENDED ACTION
It is recommended that the City Council adopt the proposed ordinance (“Attachment A”), amending the Antioch Municipal Code by adding Section 9-5.3848 regarding temporary cannabis events on public property.

FISCAL IMPACT
The proposed action may generate increased revenue by allowing limited temporary cannabis events linked with retail sales by Antioch licensed cannabis businesses.

DISCUSSION
The State of California Department of Cannabis Control (“Department”) has the discretion to authorize a temporary cannabis event. Only the holder of a temporary cannabis event license issued by the Department may hold a temporary cannabis event, which is subject to additional restrictions as a Type 14 cannabis license holder.

Restrictions on a temporary cannabis event include limited duration and hours, Department approval of security, prohibition on sales of tobacco or alcohol at the event, restrictions on storage and marking of cannabis, track-and-trace regulations, and exclusion of minors.

One possible location for a temporary cannabis event is the Contra Costa Event Park (the “County Fairgrounds”), located at 1201 West 10th Street in Antioch, which is a District Agricultural Association site that holds fairs, expositions, and exhibitions to highlight various industries, enterprises, resources, and products of the state.

Although the City may not have land use control over the County Fairgrounds, the Department of Cannabis Control requires approval by the applicable city or county for an event to be held on that type of public property.

The proposed ordinance will grant discretion to the City Council to allow a temporary cannabis event at the Contra Costa Event Park.

Staff Report to the City Council
February 8, 2022 Agenda Item #F 2
A temporary cannabis event may include retail sales. To assure the City benefits from a temporary cannabis event within its boundaries, the proposed ordinance would impose a condition that any retail sales only be conducted pursuant to a cannabis retail license issued by the City.

The Department requires submittal of a security plan for a temporary cannabis event.

However, to protect any interests unique to the City, the proposed ordinance would require the event organizer to provide not only a security plan, but also a traffic control plan, satisfactory to the City. Likewise, while the Department requires evidence of insurance, the proposed ordinance would require the event organizer to provide insurance satisfactory to the City Attorney prior to the event.

The Department has the discretion to immediately halt the temporary cannabis event if certain violations occur. The proposed ordinance includes a similar restriction on the event so that the City can be assured that the event and the event organizer comply with the City’s terms and conditions.

ATTACHMENTS
A. Proposed Ordinance
B. Cannabis Events - State Regulations – Type 14 Event License

ATTACHMENT A
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADDING SECTION 9-5.3848 TO THE ANTIOCH MUNICIPAL CODE

REGARDING TEMPORARY CANNABIS EVENTS ON PUBLIC PROPERTY
The City Council of the City of Antioch does ordain as follows:

SECTION 1:

Beginning in 2018, the City Council has adopted several ordinances relating to cannabis businesses within the City. These ordinances govern the permanent locations of various types of cannabis businesses.

SECTION 2:

The State of California, through the Department of Cannabis Controls, allows temporary cannabis events on specified conditions at certain locations. The City has evaluated this type of temporary, limited event and determined that it could be beneficial to the City, its residents, and businesses by offering educational and cultural opportunities at the event, as well as additional revenue for the City and tis social equity programs.

SECTION 3:

Section 9-5.3848 is added to state as follows:

§ 9-5.3848 TEMPORARY CANNABIS EVENTS

The City Council may authorize a temporary cannabis event if the event meets all of the following terms and conditions:

(A) The event is held either at the Contra Costa Event Park, 1201 West 10th Street, Antioch, CA 94509 or at a District Agricultural Association event.

(B) Any retail sales are conducted pursuant to a valid cannabis business license allowing retail sales and issued by the City.

(C) The event complies with state law and regulations.

(D) The event will be conducted by the holder of a cannabis event organizer license and will be a licensed temporary cannabis event.

(E) The event organizer agrees to submit traffic control and security plans to the City and to comply with the City’s directions for traffic control and security before, during, and after the event.

2 (F) The event organizer provides insurance protecting the City in an amount and type, and with an admitted surety, satisfactory to the City Attorney at least 90 days prior to the event.

Failure by the event organizer to comply with any of the above terms and conditions shall constitute the basis for the City, whether through action of the Council, the City Manager, the City Attorney, or the Chief of Police, to revoke the City Council’s authorization for the event and to provide written notice thereof to the event organizer and the Department of Cannabis Control.

Because the temporary cannabis event may only be held on property owned by the state, the county, or a district agricultural association, Section 9-5.3845 does not apply to this type of event.

SECTION 4: Severability:

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

SECTION 5. CEQA:

The above amendments to the City’s Municipal Code are not considered a project under the California Environmental Quality Act under the common sense exemption (CEQA Guidelines §15061(b)(3) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.

SECTION 6:

This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch. * * * * * * *

3 I HEREBY CERTIFYthat the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Antioch, held on the 25th of January 2022, and passed and adopted at a regular meeting thereof, held on the 8th day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lamar Thorpe, Mayor of the City of Antioch

ATTEST:

Elizabeth Householder
City Clerk of the City of Antioch

G
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 8, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: AB 361: Resolution Making Findings Necessary to Conduct Brown Act Meetings by Teleconference for the City Council, Boards, Commissions, and Committees

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.

FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.

DISCUSSION
The City of Antioch has utilized teleconference technology for some time, and since the State of Emergency is still in effect and state and local health officials are still recommending measure to promote social distancing (as described in the attached Resolution), the City’s legislative bodies, which include the City Council, boards, commissions, and committees can continue to meet while providing access to the public via teleconference. This resolution makes the findings required by AB 361, and would apply Citywide – i.e., not just to the City Council but to all City commissions and committees subject to the Brown Act as well. Staff requests passage of the attached resolution, which enables “hybrid meetings” including in-person and teleconference public participation or virtual meetings via teleconference for the City Council, boards, commissions, and committees.

Under this resolution, City Council, commissions, boards, and committees can continue holding virtual meetings or hybrid meetings in compliance with the following more flexible standards:

The City is not required to provide a physical location for the public to attend or provide comments.

Antioch City Council Report
February 8, 2022 Agenda Item #G 2
Public to access to the meeting via a call-in or an internet-based service option must be allowed, but the City is not required to have members of the public attend at each teleconference location.

The City is only required to notice and post an agenda in accordance with the Brown Act provisions for in-person meetings. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.

When notice of the time of the teleconferenced meeting given or the agenda for the meeting is posted, the City shall also give notice of the means by which members of the public may access the meeting and offer public comment.

The City must provide an opportunity for the public to address and offer comment in real time and cannot require all public comments to be submitted in advance of the meeting.

ATTACHMENTS
A. Resolution
.

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

MAKING THE REQUIRED FINDINGS TO AUTHORIZE REMOTE

TELECONFERENCE/VIRTUAL MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF ANTIOCH FOR A PERIOD OF THIRTY

DAYS PURSUANT TO BROWN ACT PROVISIONS

WHEREAS, the City of Antioch is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act;

WHEREAS, all meetings of the City’s legislative bodies, which includes the City Council, boards, commissions, and committees, are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), such that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;

WHEREAS, as recently amended by AB 361, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558;

WHEREAS, it is further required that state or local officials have recommended or imposed measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees;

WHEREAS, such conditions now exist in the City; specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency, and such proclamation remains in effect and has not been rescinded or cancelled;

WHEREAS, Cal-OSHA’s Emergency Temporary Standards include measures to promote social distancing, such as (1) requiring employers to provide training as to “the fact that particles containing the virus can travel more than six feet, especially indoors, so physical distancing, face coverings, increased ventilation indoors, and respiratory protection decrease the spread of COVID-19”; (2) requiring employees, when eating or drinking, to be “at least six feet apart”; and (3) requiring certain employees without face coverings to “be at least six feet apart from all other persons unless the unmasked employee is either fully vaccinated or tested at least weekly for COVID-19”;

WHEREAS, the Sacramento County Public Health Officer’s Order, dated July 29, 2021, requires unvaccinated person to follow all CDC guidance for unvaccinated people, which, in turn, requires people to stay six feet away from others;

ATTACHMENT A
WHEREAS, the City Council does hereby find that all of the legislative bodies of the City shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and

WHEREAS, the City will provide live call-in and/or internet service-based option for remote public participation and will provide notice for such participation in the agendas posted in advance of the meetings.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Findings. The City Council hereby finds that, as set forth above, due to the novel coronavirus there has been declared a State of Emergency by the Governor of the State of California and that state and local officials are recommending or imposing measures promote social distancing.

Section 3. Remote Teleconference Meetings. The City Manager is hereby authorized and directed to take all actions necessary to conduct open and public meetings for all the legislative bodies of the City in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 4. Effective Date of Resolution. This Resolution shall be effective immediately upon its adoption and shall remain in effect until the earlier of 30 days from the effective date of this Resolution, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference. * * * * * * * * *
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 8th day of February, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 8, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Rosanna Bayon Moore, Assistant City Manager APPROVED BY:Cornelius Johnson, Interim City Manager
SUBJECT: Unhoused Resident Services - Resolution Authorizing the Allocation of an Additional $56,700 from the General Fund for a Total Not to Exceed $206,700 as Payment to the Executive Inn for Stays Prior to Placement at the Delta Landing Interim Housing Program

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution allocating an additional $56,700 from the General Fund and payment to the Executive Inn in a total amount not to exceed a $206,700.

FISCAL IMPACT
The Antioch City Council previously allocated General Fund resources to address unhoused resident needs with a $476,403 set aside of resources. These earmarked funds are now programmed in total. The requested authorization of $56,700 from the General Fund is in addition to the set aside sum and will be addressed as a budget amendment at a future date.

DISCUSSION
Since late November of 2021, the City of Antioch expanded utilization of the Executive Inn beyond the City’s Motel Voucher Program. A maximum of fifteen additional rooms are in use for short term stays for adult participants. These individuals are candidates for placement at Contra Costa County’s Delta Landing Interim Housing Program in Pittsburg. The Delta Landing site re-opening has been temporarily delayed from the original date. The City is currently anticipating a move-in date in February of 2022. The attached resolution is necessary to allocate additional funds due to unanticipated delays and authorize the expenditure of funds in excess of the amount previously approved.

ATTACHMENTS
A. Resolution

Agenda Item #
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE ALLOCATION OF AN ADDITIONAL $56,700 FROM THE GENERAL FUND FOR A TOTAL NOT TO EXCEED $206,700 FOR SHORT TERM

STAYS AT THE EXECUTIVE INN AND AUTHORIZING THE CITY MANAGER TO

SPEND CITY FUNDS AS PAYMENT TO THE EXECUTIVE INN
WHEREAS, the City of Antioch solicited motel operator participation in the City’s Motel Voucher Program for unhoused residents;
WHEREAS, the Executive Inn, located at 515 East 18th in Antioch, CA, subsequently expressed formal interest and agreed to certain terms and conditions relative to participation in the City program;
WHEREAS,the City expanded motel utilization for overnight stays beginning on November 26, 2021 on a short term basis for a cohort of fifteen additional rooms; WHEREAS, the additional fifteen rooms account for participants in the City’s referral process for the Contra Costa County Delta Landing Interim Housing Program in Pittsburg with a start date initially identified as early December 2021; WHEREAS, the Delta Landing Interim Housing Program site is in the final inspection phase and experiencing a temporary delay in the final clearance for occupancy;
WHEREAS, § 3-4.10 of the Antioch Municipal Code sets the City Manager’s signature authority at $50,000; and
WHEREAS,the Executive Inn charges the City $125 per night, in addition to $10 per night for pets and City Council authorization is necessary to compensate the Executive Inn in an amount that exceeds the City Manager’s signature authority.

NOW, THEREFORE, BE IT RESOLVEDthat the City Council of the City of Antioch hereby:

1. Approves the allocation of an additional $56,700 from the General Fund for a total not to exceed a total of $206,700 to pay for short term stays for adult participants in the City’s unhoused resident services program at the Executive Inn and

2. Authorizes the City Manager to spend these funds for unhoused resident services in the form of shelter at the Executive Inn.
* * * * * * *
RESOLUTION NO. 2022/**
February 8, 2022

Page 2 ends

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 8th day of February 202, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

5 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 8, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Redistricting: Resolution Adopting Final Map

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution (“Attachment A”) and the Final Redistricting Map (“Attachment __”) adjusting and redefining the boundaries of the City Council electoral districts of the City.

FISCAL IMPACT
None.

DISCUSSION
The City adopted its current district boundaries based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020.

Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Be geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Display easily identifiable boundaries

5. Be compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party At its January 11, 2022 public hearing the Council directed the inclusion of additional refinements to the both Map “B” and Map “91”, which were presented at the January 25, 2022 Public Hearing as Maps “B” and “91” respectively. On February 8, 2022, the City Council has scheduled a Special Meeting to consider and designate a Final Redistricting Map for presentation and final selection at the February 8, 2022 Regular City Council Antioch City Council Report
February 8, 2022 Agenda Item #5 2
meeting by adoption of the attached Resolution (“Attachment A”).

The Final Redistricting Map complies with the federal requirements of equal population and the Voting Rights Act, and the California Fair Maps Act, in the following manner:
(1) The districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and minimal intrusions from the area of one district into another;
(2) To the extent practicable, the Final Redistricting Map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitute communities of interest in the public eye. (3) The districts are easily identifiable and understandable by residents. The districts in the Final Redistricting Map form a relatively simple pattern. (4) To the extent practicable, the districts are geographically compact.Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.
(5) The districts are balanced in terms of total population and voting age population.

The districts are well within the one-person/one-vote deviations permitted under federal and state voting rights laws.
(6) The districts conform to concentration of minority voters. The Final Redistricting Map creates one majority/minority Black voting district.

Before adopting a final map of district boundaries, at least four hearings must be held for the public to provide input about the composition of City Council districts. These hearing requirements include at least: (1) one hearing before any maps are drawn, (2) two hearings after maps are drawn, and (3) one hearing or workshop to be held on a Saturday, Sunday, or after 6 p.m. on a weekday. The City Council redistricting public hearing dates include the following: Tuesday, October 12, 2021, Saturday, October 16, 2021, Tuesday, November 9, 2021, Tuesday, December 14, 2021, Tuesday, January 11, 2022, Tuesday, January 25, 2022 and Tuesday, February 8, 2022.

ATTACHMENTS
A. Resolution
B. Redistricting Map B
C. Redistricting Map 91
D. Finalist Draft Map Demographics

ATTACHMENT A
RESOLUTION 2022/##

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

ADJUSTING AND REDEFINING THE BOUNDARIES OF ALL CITY COUNCIL

ELECTORAL DISTRICTS OF THE CITY OF ANTIOCH

WHEREAS, the U.S. Census Bureau (“Bureau”) is required by Article I, Section 2, of the U.S. Constitution to conduct an accurate count of the population every ten years;

WHEREAS, California Elections Code Section 21600 et seq. requires that “[f]ollowing each federal decennial census for a city whose council is already elected using district-based elections, the council shall, by ordinance or resolution, adopt boundaries for all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution";

WHEREAS, the California Elections Code requires that the Council adopt an ordinance or pass a resolution amending supervisorial districts no later than April 17, 2022;
WHEREAS, the City Council held public hearings on October 12, October 16, November 9, December 14, 2021, January 11, 2022, January 25, 2022 and February 8, 2022 to receive briefings from the City’s demographic consultant relating to the redistricting process and state and federal redistricting criteria and communities of interest, including the California Elections Code, the Voting Rights Act and the United Constitution; heard public testimony; and directed staff and the City's demographic consultant to prepare draft district plans for consideration;

WHEREAS, City staff conducted public outreach by way of print and digital advertisements and conducted informational meetings for community organization;

WHEREAS, during the public hearings public comment was received on redistricting criteria and communities of interest;

WHEREAS, at the November 9, December 14, January 11, 2022, and January 25, 2022 public hearings, the Council received a presentation on several draft maps prepared by the City's demographic consultant for compliance with applicable laws and standards and additional maps submitted by the public; and

WHEREAS, at its January 11, 2022 public hearing the City Council directed the inclusion of additional refinements to both Map “B” and Map “91”, which were presented at the January 25, 2022 Public Hearing as Maps “B” and “91” respectively;

WHEREAS, at its February 8, 2022 public hearing the City Council designated Map _______ as the Final Redistricting Map; and

WHEREAS, at each of the public hearings on redistricting, the Council heard testimony relating to “communities of interest,” which led the Council to reach the following

ATTACHMENT A
determinations about communities of interest on the Final Redistricting Map as required under federal and state law:
(1) The districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and minimal intrusions from the area of one district into another;
(2) To the extent practicable, the Final Redistricting Map respects the geographic integrity of local neighborhoods and local communities of interest.

The Council heard testimony about what constitute communities of interest in the public eye.
(3) The districts are easily identifiable and understandable by residents.

The districts in the Final Redistricting Map form a relatively simple pattern. (4) To the extent practicable, the districts are geographically compact.

Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.

(5) The districts are balanced in terms of total population and voting age population. The districts are well within the one-person/one-vote deviations permitted under federal and state voting rights laws.

(6) The districts conform to concentration of minority voters. The Final Redistricting Map creates one majority/minority Black voting district.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:

Section 1.All information in the staff reports, maps, presentations, City Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.

Section 2.Pursuant to the provisions of the Fair Maps Act of 2019 as amended in 2020, codified at California Elections Code section 21600 to 21609, after giving consideration to those provisions and applicable decisions of the courts, the City Council hereby adjusts, changes, and establishes the boundaries of the City Council electoral districts as set forth on the Final Redistricting Map selected by the City Council at its public hearing on February 8, 2022, and reflected in Exhibit A hereto, and they shall constitute and are hereby established as the boundaries of the City Council districts of the City of Antioch for subsequent elections until further readjustment is required by law.

Section 3.Notwithstanding any other provision of this chapter, and pursuant to California Elections Code section 21606, subdivisions (a) and (b), each of the Council Members in office at the time this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified, and any vacancy in a term currently underway

ATTACHMENT A
shall be filled based on the districts in effect at the time the current supervisors were elected.

Section 4. All ordinances and resolutions, or parts thereof in conflict with this resolution are hereby repealed.

Section 5.The City Attorney is directed to take all necessary steps to give effect to this Resolution. If necessary to facilitate the implementation of this Resolution, the City Attorney or his designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Attorney shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 6.This Resolution is adopted following four noticed public hearings as required by Elections Code section 21607.1 and shall take effect immediately.

* * * * * * * * *

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 8th day of February 2022, by the following vote: AYES: NOES: ABSTAIN: ABSENT:
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

ATTACHMENT A

EXHIBIT A
[MAP OF ADOPTED DISTRICT LINES]
(SUBJECT TO FINAL RECOMMENDED ACTION TAKEN AT CITY COUNCIL MEETING ON _____________)

8 Agenda #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 8, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Nickie Mastay, Administrative Services Director SUBJECT: Side Letter Agreement between the City of Antioch and Operating Engineers Local 3 Salary Adjustments from the Total Compensation Study Final Report

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Approving the Side Letter Agreement between the City of Antioch and the Operating Engineers Local 3 for Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations;
2) Authorize the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and Operating Engineers Local 3; and 3) Authorize the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

FISCAL IMPACT
The estimated fiscal impact of the Confidential Benefit Unit Side Letter for FY2021/22 is $356,527.

DISCUSSION
Representatives of the City and Operating Engineers Local 3 have been meeting and conferring in good faith to negotiate an agreement and finalize the Memorandum of Understanding. The current term of the Memorandum of Understanding is October 1, 2016 through September 30, 2021.

During the course of negotiating, the City Council and Operating Engineers Local 3 reached an agreement on a Side Letter memorializing the salary range placement recommendations of Appendix IV of the Total Compensation Study Final report dated Antioch City Council Report
February 8, 2022 Agenda Item #8 2
August 31, 2021 for the Confidential Benefit Unit. Some terms of the Side Letter Agreement are:

The salary adjustments shall be effective the first full pay period after October 1, 2021.

A total of thirty five classifications will have salary increases ranging from 0.37% to 20.53%.

Please refer to Exhibit 1 of the Resolution for the details of the Side Letter Agreement.

The City and Operating Engineers Local 3 will continue to meet and confer in good faith to negotiate an agreement and finalize the Memorandum of Understanding.

ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution Side Letter Agreement between the City of Antioch and Operating Engineers Local 3.

B. Total Compensation Study Final Report August 31, 2021. Appendix IV: Salary Range Placement Recommendations.

ATTACHMENT A

RESOLUTION NO. 2022/***

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH AND OPERATING ENGINEERS LOCAL 3 FOR SALARY ADJUSTMENTS FROM THE TOTAL COMPENSATION STUDY FINAL REPORT DATED AUGUST 31, 2021 APPENDIX IV: SALARY RANGE PLACEMENT RECOMMENDATIONS

WHEREAS, the City and Operating Engineers Local 3 had a Memorandum of Understanding covering the period of October 1, 2016 September 30, 2021;

WHEREAS,
Negotiating Team met and conferred in good faith with representatives of Confidential Benefit Unit; and

WHEREAS, representatives of the City and Operating Engineers Local 3 reached a Side Letter Agreement for salary adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:

Section 1. The Side Letter Agreement between the City of Antioch and Operating Engineers Local 3 as provided in the attached Exhibit 1 and herein incorporated by reference, is approved;

Section 2. The City Manager or designee is authorized to execute the Side Letter Agreement as provided in the attached Exhibit 1; and

Section 3. The City Manager or designee is authorized to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

* * * * * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 8th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

9 Agenda #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 8, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Nickie Mastay, Administrative Services Director SUBJECT: Side Letter Agreement between the City of Antioch and the Management Benefit Unit Salary Adjustments from the Total Compensation Study Final Report.

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Approving the Side Letter Agreement between the City of Antioch and the Management Benefit Unit Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations;
2) Authorize the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and Management Benefit Unit; and 3) Authorize the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

FISCAL IMPACT
The estimated fiscal impact of the Management Benefit Unit Side Letter for FY2021/22 is $363,810.

DISCUSSION
Representatives of the City and the Management Benefit Unit have been meeting and conferring in good faith to negotiate an agreement and finalize the Memorandum of Understanding. The current term of the Memorandum of Understanding is October 1, 2016 through September 30, 2021.

During the course of negotiating, the City Council and the Management Benefit Unit reached an agreement on a Side Letter memorializing the salary range placement recommendations of Appendix IV of the Total Compensation Study Final report dated Antioch City Council Report
February 8, 2022 Agenda Item #9 2
August 31, 2021 for the Management Benefit Unit. Some terms of the Side Letter Agreement are:

The salary adjustments shall be effective the first full pay period after October 1, 2021.

A total of twenty seven classifications will have salary increases ranging from

1.36% to 21.33%.

Please refer to Exhibit 1 of the Resolution for the details of the Side Letter Agreement.

The City and the Management Benefit Unit will continue to meet and confer in good faith to negotiate an agreement and finalize the Memorandum of Understanding.

ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution Side Letter Agreement between the City of Antioch and the Management Benefit Unit.

B. Total Compensation Study Final Report August 31, 2021. Appendix IV: Salary Range Placement Recommendations.

ATTACHMENT A

RESOLUTION NO. 2022/***

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH

AND THE MANAGEMENT BENEFIT UNIT FOR SALARY ADJUSTMENTS FROM THE TOTAL COMPENSATION STUDY FINAL REPORT DATED AUGUST 31, 2021 APPENDIX IV: SALARY RANGE PLACEMENT RECOMMENDATIONS

WHEREAS, the City and the Management Benefit Unit had a Memorandum of Understanding covering the period of October 1, 2016 September 30, 2021;

WHEREAS,
Negotiating Team met and conferred in good faith with representatives of the Management Benefit Unit; and

WHEREAS, representatives of the City and the Management Benefit Unit reached a Side Letter Agreement for salary adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:

Section 1. The Side Letter Agreement between the City of Antioch and the Management Benefit Unit as provided in the attached Exhibit 1 and herein incorporated by reference, is approved;

Section 2. The City Manager or designee is authorized to execute the Side Letter Agreement as provided in the attached Exhibit 1; and

Section 3. The City Manager or designee is authorized to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.

* * * * * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 8th day of February, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

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