Agenda — Antioch City Council, May 24, 2022 (part 1 of 2)

ANNOTATED AGENDA
Antioch City Council

SPECIAL AND REGULAR MEETING
Including the Antioch City Council acting as Housing Successor/ Successor Agency to the Antioch Development Agency/
Antioch Public Finance Authority

Date: Tuesday, May 24, 2022
Time: 4:30 P.M. – Closed Session
5:00 P.M. – Special Meeting/Study Session
7:00 P.M. – Regular Meeting

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

City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see 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 offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone:
(925) 779-6950, and e-mail: [email protected].

ANTIOCH CITY COUNCIL -1- MAY 24, 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 item 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 ont o 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.

4:46 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 3 Ogorchock, District 4 Wilson and Mayor Thorpe
(Council Members District 1 Torres-Walker and
Mayor Pro Tem (District 2) Barbanica – Absent)

PUBLIC COMMENTS for Closed Session – None

CLOSED SESSION:

1) 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 Public Works Association, and Antioch Police Sworn Management Association.

No reportable action

4:47 P.M. ADJOURNED TO CLOSED SESSION

5:09 P.M. ROLL CALL – SPECIAL MEETING/STUDY SESSION – for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency/ Antioch Public Financing Authority – Council Members District 1 Torres-Walker, District 3 Ogorchock, and District 4 Wilson [District 4 Wilson Opened the meeting]
(Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe – Absent)

PLEDGE OF ALLEGIANCE

ANTIOCH CITY COUNCIL -2- MAY 24, 2022

STUDY SESSION

SM-1. PRESENTATION OF THE DRAFT 5 -YEAR CAPITAL IMPROVEMENT PROGRAM 2022 - 2027 (P.W. 150-22)
Presentation received
Recommended Action: It is recommended that the City Council review and provide feedback to staff regarding the draft 5 -Year Capital Improvement Program (CIP) 2022-2027.

MAYOR THORPE ARRIVED DURING THE PRESENTATION OF AGENDA ITEM SM-1

SM-2. FISCAL YEAR 2021-23 MID-YEAR BUDGET REVIEW
Direction provided to staff
Recommended Action: It is recommended that the City Council provide input and direction on the draft mid-year budget options and adjustments to the Fiscal Year 2021-23 budget.

PUBLIC COMMENT

ADJOURNED SPECIAL MEETING/STUDY SESSION

7:00 P.M. ROLL CALL – REGULAR MEETING – for City Council Members – Council Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, and Mayor Thorpe (Mayor Pro Tem (District 2) Barbanica – Absent)

MOMENT OF SILENCE IN MEMORY OF TEXAS ELEMENTARY SCHOOL VICTIMS

PLEDGE OF ALLEGIANCE

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

1. PROCLAMATION

• In Honor of State Farm’s 100th Anniversary, June 7, 2022 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the proclamation.

2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
• DELTA VETERAN’S GROUP MEMORIAL DAY COMMEMORATION
Oak View Memorial Park: May 30th
• SESQUICENTENNIAL SWIM & PLAY DAY
Antioch Water Park: June 4th
• SESQUICENTENNIAL OUTDOOR MOVE NIGHTS
Antioch Water Park Hill: June 16, 23, & 30th

ANTIOCH CITY COUNCIL -3- MAY 24, 2022

3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD OF TRUSTEES ➢ BOARD OF ADMINISTRATIVE APPEALS

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 APRIL 12, 2022 Approved, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR APRIL 19, 2022 Approved, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council approve the Special Meeting Minutes.

C. APPROVAL OF COUNCIL MEETING MINUTES FOR APRIL 26, 2022 Continued, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

D. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 10, 2022 Continued, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

E. APPROVAL OF COUNCIL WARRANTS
Approved, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council approve the warrants.

ANTIOCH CITY COUNCIL -4- MAY 24, 2022

CONSENT CALENDAR – Continued

F. SECOND READING : ORDINANCE CREATING THE ANTIOCH POLICE OVERSIGHT COMMISSION (Introduced on 05/10/2022)
Ord No. 2212-C-S adopted, 3/1 (Ogorchock)
Recommended Action: It is recommended that the City Council adopt the Ordinance creating the Antioch Police Oversight Commission.

G. SECOND READING – ADOPTION OF AN ORDINANCE ESTABLISHING A MILITARY USE EQUIPMENT POLICY (#706) PURSUANT TO ASSEMBLY BILL 481 (Introduced on 05/10/2022)
Ord No. 2213-C-S adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt the ordinance establishing a Military Use Equipment Policy pursuant to Assembly Bill 481.

H. SECOND READING – PROPOSED ORDINANCE AMENDMENT OF SECTION 4 -

5.411.1(C) OF THE ANTIOCH MUNICIPAL CODE AUTHORIZING ENFORCEMENT OF

THE CALIFORNIA VEHICLE CODE TO PRIVATELY OWNED ROADS WITHIN THE LAUREL RANCH SUBDIVISION (P.W. 698)
Ord No. 2214-C-S adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt the Ordinance Amending Section 4 -5.411.1(C) of the Antioch Municipal Code Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads Within the Laurel Ranch Subdivisi on (P.W. 698).

I. RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2022-23 FISCAL YEAR
Reso No. 2022/85 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt the resolution selecting the California per capita personal income cost of living growth factor for Fiscal Year 2022 -23, selecting the population percent change certified by the State Department of Finance for Fiscal Year 2022-23, and establishing the appropriations limit for the 2022-23 Fiscal Year as $164,309,832.

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

MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,

COMMISSIONS, AND COMMITTEES
Reso No. 2022/86 adopted, 3/1 (Torres-Walker)
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.

ANTIOCH CITY COUNCIL -5- MAY 24, 2022

CONSENT CALENDAR – Continued

K. APPROVAL TO RECEIVE FUNDING THROUGH THE CALIFORNIA NATURAL

RESOURCE AGENCY (CNRA) FOR THE NICK RODRIGUEZ COMMUNITY CENTER REHABILITATION PROJECT IN THE AMOUNT OF $2,200,000
Reso No. 2022/87 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt the resolution authorizing the filing of a project application through the California Natural Resources Agency (CRNA) for the rehabilitation of the Nick Rodriguez Community Center.

L. ANNUAL WATER TREATMENT CHEMICALS PURCHASE
Reso No. 2022/88 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving the joint agency cooperative purchase agreement for Water Treatment Plant chemicals for the period of July 1, 2022, through June 30, 2023, in the total amount not to exceed $1,121,629; and

2) Authorizing the City Manager to execute the cooperative purchase agreement.

M. ACCEPTANCE OF GRANT DEED AND ASSIGNMENTS OF EASEMENTS FROM

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONVERSATION

DISTRICT IN CONNECTION WITH THE WEST ANTIOCH CREEK CHANNEL IMPROVEMENTS PROJECT (P.W. 201-6)
Reso No. 2022/89 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Accepting a Grant Deed conveying five (5) fee parcels; an Assignment of Easement Agreement conveying permanent
utility and access easement rights; and an Assignment of Easement Agreement conveying access easement rights to
portions of two (2) parcels from Contra Costa County Flood Control and Water Conversation District; and

2) Authorizing and directing the City Attorney to sign the Certificate of Acceptance for said property.

ANTIOCH CITY COUNCIL -6- MAY 24, 2022

CONSENT CALENDAR – Continued

N. RESOLUTION APPROVING THE CLASS SPECIFICATION UPDATES FOR THE OPERATING ENGINEERS LOCAL UNION NO. 3 REPRESENTATIONAL UNIT I

BARGAINING UNIT
Reso No. 2022/90 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt a resolution approving class specification updat es for Operating Engineers Local Union No. 3 Representational Unit IV Bargaining Unit.

O. RESOLUTION APPROVING AMENDMENT NO. 6 TO THE CONSULTING SERVICES

AGREEMENT BETWEEN THE CITY OF ANTIOCH AND VOLER STRATEGIC ADVISORS

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT Reso No. 2022/91 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt a resolution to:

1) Approve Amendment No. 6 to the Consulting Services
Agreement between the City of Antioch and Voler Strategic Advisors, which extends the term of the Agreement for thirty - six months to May 15, 2025, and increases the value of the Agreement by $288,000 for a total amount not to exc eed $544,000; and

2) Authorize the City Manager to execute Amendment No. 6 to the Consulting Services Agreement between the City of
Antioch and Voler Strategic Advisors.

P. APPROVAL OF PURCHASE OF ELEVEN (11) POLICE VEHICLES UTILIZING THE SOURCEWELL COOPERATIVE PURCHASING CONTRACT NO. 091521 -NAF WITH

NATIONAL AUTO FLEET GROUP
Reso No. 2022/92 adopted, 3/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt the resolution:

1) Approving the purchase of eleven (11) Police vehicles from National Auto Fleet Group for an amount not to exceed
$523,141.10.

2) Authorize the City Manager to execute the purchase of eleven (11) Police vehicles utilizing Sourcewell Cooperative
Purchasing Contract No. 091521-NAF with National Auto Fleet Group.

ANTIOCH CITY COUNCIL -7- MAY 24, 2022

PUBLIC HEARING

5. PROPOSED ORDINANCE AMENDING ORDINANCE NO. 2207-C-S (RELATING TO THE

SALE, POSSESSION, OR PROVISION OF SPECIFIED PRODUCTS BY TOBACCO

RETAILERS OR BUSINESSES) BY PROVIDING A GRACE PERIOD PRIOR TO THE EFFECTIVE DATE OF ORDINANCE NO. 2207-C-S
To 06/14/2022 for Adoption, 3/1 (Thorpe)
Recommended Action: It is recommended that the City Council introduce, waive the first reading, and read by title only, the proposed ordinance amending Ordinance No. 2207-C-S by providing a grace period prior to the effective date of amending Ordinance No. 2207-C-S.

6. INTRODUCTION OF ORDINANCE FORMING THE PUBLIC SAFETY AND COMMUNITY

RESOURCES DEPARTMENT
To 06/14/2022 for Adoption, 3/1 (Ogorchock)
Recommended Action: It is recommended that the City Council introduce, waive the first reading, and read by title only an ordinance forming the Publ ic Safety and Community Resources Department.

7. PROPOSED ORGANICS COLLECTION RATES FOR COLLECTION SERVICES WITH REPUBLIC SERVICES AS REQUIRED BY SENATE BILL (SB) 1383

Recommended Action: It is recommended that the City Council:

Council approved Option #4 for Residential with amendments*, 3/1 (Wilson) 1) Approve one of the following rate structures to provide the organics collection programs mandated by SB 1383, and

Reso No. 2022/93 adopted with amendments*, 3/1 (Wilson) 2) Adopt the resolution authorizing the City Manager to enter into an agreement with Republic Services for the collection of organics material in accordance with Senate Bill (SB) 1383:

Program Options
*Residential
% increase
Commercial
% increase

1. Antioch proposed bi-weekly compost - basic conversion of existing green waste carts to Organics and diversion to a composting facility. Commercial program to continue with current implementation and service. 9.8 12.6

2. Antioch proposed Residential weekly compost,
Commercial same as above. 19.2 12.6

3. Antioch Proposed Residential weekly compost and
SB1383 assistance for all customers. 20.1 13.9

4. Contract e xtension to 2028 with weekly Residential
compost collection and SB1383 assistance (*Includes a
10% franchise fee for Residential and 12% for Commercial).

15.2 *7.6% to be
spread over
2 years 7.7*

ANTIOCH CITY COUNCIL -8- MAY 24, 2022

PUBLIC HEARING - Continued

8. PROPOSED UPDATES TO THE MASTER FEE SCHEDULE EFFECTIVE JULY 1, 2022 Council received; no action taken
Recommended Action: It is recommended that the City Council adopt a resolution updating and approving the Master Fee Schedule effective July 1, 2022.

COUNCIL REGULAR AGENDA

9. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR DELTA FAMILY PHARMS, INC.

Reso No. 2022/94 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the operating agreement for Delta Family Pharms, Inc.

10. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR DELTA LABS, INC.

Reso No. 2022/95 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the operating agreement for Delta Labs, Inc.

11. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR KWMA

COLLECTIVE, LLC
Reso No. 2022/96 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the Operating Agreement for KWMA Collective, LLC.

12. REQUEST BY CONTRA COSTA FARMS FOR AUTHORIZATION TO CONDUCT A

TEMPORARY CANNABIS EVENT WITHIN THE CITY OF ANTIOCH
Failed, 2/1/1 (Ogorchock-No / Thorpe-Abstained)
Recommended Action: It is recommended that the City Council adopt the resolution authorizing Contra Costa Farms to conduct a temporary cannabis event within the City consistent with State law and the City’s municipal code.

ANTIOCH CITY COUNCIL -9- MAY 24, 2022

COUNCIL REGULAR AGENDA – Continued

13. RESOLUTION TO APPROVE THE FIRST AMENDED AND RESTATED OPERATING

AGREEMENT FOR BAKERY ANTIOCH I, LLC TO REFLECT CHANGE IN OWNERSHIP

FROM COOKIES TO RED WORKSHOP
Reso No. 2022/97 adopted, 3/1 (Ogorchock)
Recommended Action: It is recommended that the City Council adopt the resolution to approve the First Amended and Restated Operating Agreement for Bakery Antioch I, LLC to reflect the change in ownership from Cookies to Red Workshop.

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 second of the motion is required, and then a majority vote is required to adjourn the meeting.

Motioned to adjourn meeting at 10:33 p.m., 4/0

ATTACHMENT A, P. 1
ATTACHMENT A, P. 2
FY22 FY23
Fund/Category Amendment Amendment Purpose
Loss Control Internal Service Fund:

Expenditures (100,474.00) $ (283,036.00)$ Vacancy savings/FY23 workers comp premium estimate lower CDBG Special Revenue Fund:

Revenues 151,366.00 (9,000.00) Adjust projected grant reimbursements Expenditures 151,366.00 (9,000.00) Roll over of project funds/Reduction of administrative expenditures RMRA Special Revenue Fund:

Revenues 966,835.00 - OBAG grant revenues received Transfer In 500,000.00 - Transfer of Measure J monies for L St project Expenditures 500,000.00 - Move Measure J project budget to RMRA fund Recreation Special Revenue Fund:

Revenues 7,500.00 24,000.00
Expenditures (384,650.00) 1,000,976.00 Special event funding/youth scholarships/increase PTH/insurance Transfers In (62,290.00) 1,235,687.00
Housing Successor Special Revenue Fund:

Expenditures 128,875.00 - Increase home ownership program expenditures LLEBG Special Revenue Fund
Transfers Out 1,268.00 - Transfer to General Fund for grant reimbursement Solid Waste Special Revenue Fund:

Revenues 14,151.00 25,000.00 Increase garbage franchise funding for environmental programs Expenses 20,261.00 28,844.00 Increase PTH/Environmental sustainability & resilience activities/insurance Delta Fair Property Special Revenue Fund:

Revenues 25,043.00 - Revised rent projection Budget Stabilization Fund:

Transfers Out (2,015,743.00) 2,187,204.00 Revise for General Fund amendments Vehicle Maintenance Fund:

Revenues 121,000.00 121,000.00 Increased billings to depts for higher fuel prices Expenditures 131,096.00 145,365.00 Increased fuel costs/insurance premium Information Services Fund:

Expenditures 372,022.00 45,922.00 Additional cybersecurity and Microsoft licensing costs/Insurance prem.

NPDES Special Revenue Fund:

Expenditures 5,107.00 10,821.00 Increase for liability insurance premium Measure J Special Revenue Fund:

Transfer Out 500,000.00 Move funds to RMRA for L St project Expenditures (490,000.00) Move L St project to RMRA fund/Increase staff time charged projection Brackish Water LOC
Expenditures (166.00) - Line of credit for Brackish Water paid off Transfers In (11,962,098.00) - Line of credit for Brackish Water paid off Transfers Out (11,961,932.00) - Line of credit for Brackish Water paid off Water Enterprise Fund:

Revenues 15,835,597.00 - Brackish Water settlement/grant funds/arrearage program funds Expenditures 823,678.00 206,304.00 Arrearage program/credit card fees/insurance Transfers In (11,961,932.00) - Line of credit for Brackish Water paid off Transfers Out (11,962,098.00) - Line of credit for Brackish Water paid off Sewer Enterprise Fund:

Revenues 348,288.00 - Arreage grant Expenditures 338,144.00 119,332.00 Arrearage program/Insurance premium increase PEG Franchise Fee Fund:

Expenditures 412.00 - Project close out expenditures Marina Enterprise Fund:

Revenues - -
Expenditures - 110,357.00 Insurance premium/fuel hose replacement/dock assessment report Capital Improvements Fund:

Revenues 15,000.00 - Increase projecion Expenditures 15,000.00 - Increase for year to date expenditures CFD 2016-01 Police Protection Fund:

Revenues 68,244.00 68,244.00 Increase projected assessment revenue Expenditures 2,642.00 2,642.00 Increase contractual expenditures Transfers Out 67,698.00 65,602.00 Increase transfer to General Fund for revised assessments CFD 2018-02 Police Protection Fund:

Revenues 123,638.00 123,638.00 Increase projected assessment revenue Expenditures 550.00 550.00 Increase contractual expenditures Transfers Out 125,319.00 123,088.00 Increase transfer to General Fund for revised assessments Civic Arts Special Revenue Fund:

Expenditures 260.00 515.00 Insurance premium increase Animal Services Special Revenue Fund:

Revenues 6,325.00 - Increase revenue projections Transfers In (350,399.00) 55,843.00 Adj Gen Fund transfer for amendments Expenditures (354,074.00) 47,304.00 Vacancy savings/Insurance premium increase Park in Lieu Special Revenue Fund:

Revenues 1,476,000.00 - Roll forward FY21 Prop 68 grant funds for Contra Loma

ATTACHMENT B
OTHER FUND BUDGET AMENDMENTS - FY22 & 23

In Honor of
STATE FARM th ANNIVERSARY
June 7, 2022

WHEREAS State Farm is Celebrating its 100th Anniversary On June 7, 2022;

WHEREAS The City of Antioch, CA recognizes the positive impact the company and its agents have on our community, caring for customers in California since 1928; and

WHEREAS State Farm was founded in the United States on the seventh of June in the year 1922 by G.J. Mecherle,
a farmer from Merna, IL.

NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, do hereby proclaim June 7, 2022, as STATE FARM DAY in the City of Antioch. I call upon the residents of this city to observe this day by demonstrating what being a good neighbor is all
about through acts of kindness and
making all people feel welcome.

MAY 24, 2022

__________________________________________
LAMAR A. THORPE, Mayor
1 05-24-22

CITY COUNCIL MEETING

INCLUDING THE CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

Regular Meeting April 12, 2022
7:00 P.M. Council Chambers

5:30 P.M. - CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS pursuant to California Government Code section 54956.8: Property: 4.79-acre property on Delta Fair Blvd., Antioch, CA (APN 074-080034-7); Agency Negotiation: Cornelius Johnson, City Manager; Negotiating Parties: Christy Saxton Interim Director, Health, Housing and Homeless Services, Contra Costa County; Under Negotiation: Price and Terms of Payment.

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

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

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

ADJOURN TO CLOSED SESSION

Council adjourned to Closed Session at 5:32 P.M.

7:00 P.M. REGULAR MEETING

Mayor Thorpe called the meeting to order at 7:08 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.

A
05-24-22

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
April 12, 2022 Page 2 of 14

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 REAL PROPERTY NEGOTIATIONS, direction given to Interim City Manager and City Attorney, #2 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, no reportable action, #3 CONFERENCE WITH LABOR NEGOTIATORS, no reportable action; and #4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY, no reportable action.

ON MOTION BY COUNCILMEMBER WILSON, SECONDED BY COUNCILMEMBER

TORRES-WALKER THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEM #11 TO BE HEARD AFTER PROCLAMATIONS.

7:05 P.M. PUBLIC HEARING

1. REDISTRICTING: RESOLUTION ADOPTING FINAL MAP (DRAFT MAP A MODIFIED)

City Attorney Smith introduced Karin Mac Donald and Jane Hood, Q2 Data & Research LLC, to present the staff report dated April 12, 2022, recommending the City Council adopt the resolution

boundaries of the City Council electoral districts of the City.

City Clerk Householder and Mayor Thorpe announced in English and Spanish that a court certified translator was available via zoom.

Harry Thurston, Antioch resident, Patricia Granados and Lucas Stuart-Chilcote spoke in support of Council adopting the resolution approving Draft Map A modified.

Norma Hernandez, Antioch resident, stated she opposed the districting process and supported at-large elections for Councilmembers.

A motion was made by Councilmember Torres-Walker and seconded by Councilmember Wilson to adopt
redefining the boundaries of the City Council electoral districts of the City.

Councilmember Barbanica felt adopting modified draft map A would be a disservice to the City since it divided neighborhoods. He noted there were other map choices with clear boundaries along major thoroughfares.

In response to Councilmember Ogorchock, City Attorney Smith clarified it was noted in the resolution and the motion made on this item on March 11, 2022, to approve staff report exhibit A to attachment A.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
April 12, 2022 Page 3 of 14

Councilmember Ogorchock agreed with Councilmember Barbanica and added that she believed if this map was adopted it would be gerrymandering.

RESOLUTION NO. 2022/51

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

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

2. INTRODUCTION OF NEW CITY EMPLOYEES

Finance Director Merchant introduced Anthony Garcia, Customer Service Representative, who thanked Finance Director Merchant for the introduction.

Mayor Thorpe welcomed Mr. Garcia to Antioch.

3. PROCLAMATIONS

In Honor of Autism Acceptance Month 2022
In Honor of Earth Month 2022
In Honor of LGBTQI+ Solidarity

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

Lynda Green, Director of Be Exceptional Programs, accepted the In Honor of Autism Acceptance Month 2022 proclamation and thanked the City for the recognition.

Environmental Resource Coordinator Haas-Wajdowicz accepted the In Honor of Earth Month 2022 proclamation and thanked the City for the recognition.

Mayor Thorpe thanked Environmental Resource Coordinator Haas-Wajdowicz for her stewardship of environmental issues.

Robyn Kuslets, Rainbow Community Center of Contra Costa County, accepted the In Honor of LGBTQI+ Solidarity proclamation and thanked the City for the recognition.

11. DISPLAY OF THE PRIDE PROGRESS FLAG AT CITY HALL

Assistant City Manager Bayon Moore presented the staff report dated April 12, 2022, recommending the City Council adopt a resolution: 1) Acknowledg Display of Flags at City Facilities as it relates to various flags approved by an adopted resolution of the City Council; and 2) Approving the display of the Pride Progress Flag during the period of April 12, 2022, to December 31, 2022, at City Hall.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
April 12, 2022 Page 4 of 14

Robrielle Beverly, Antioch resident, stated she did not agree with raising the Pride Progress flag because she believed the US, State and City flags represented all residents. She quoted a verse from the bible.

Lucas Stuart-Chilcote thanked the City for bringing the proclamation and display of the pride progress flag to the agenda.

A motion was made by Councilmember Wilson and seconded by Councilmember Torres-Walker to adopt the resolution Policy for the Display of Flags at City Facilities as it relates to various flags approved by an adopted resolution of the City Council; and 2) Approving the display of the Pride Progress Flag during the period of April 12, 2022, to December 31, 2022, at City Hall.

Councilmember Barbanica stated he consulted with several individuals regarding this item, and he supported raising the Pride Progress Flag for Pride month; however, he did not support flying the flag for the remainder of the year because other organizations wanted to be recognized.

Councilmember Ogorchock agreed with Councilmember Barbanica.

Mayor Thorpe commented that other organizations had the right to request their flags be flown.

He discussed the importance of showing solidarity for the youth particularly as it related to the transgendered.

RESOLUTION NO. 2022/52

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

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

City Clerk Householder thanked the Rainbow Coalition for providing the Pride Progress Flag and announced that they had them available for any government organization that wished to fly the flag.

Mayor Thorpe declared a recess at 7:49 P.M. The meeting reconvened at 7:57 P.M. with all Councilmembers present.

4. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

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

ANTIOCH COMMUNITY EASTER EGG HUNT April 18, 2022
KEEP ANTIOCH BEAUTIFUL April 23, 2022
RIVERTOWN ART & WINE WALK May 7, 2022

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Councilmember Wilson announced a Shred-It event hosted by Tri Delta Transit would begin at 9:00 A.M. on April 28, 2022.

Councilmember Ogorchock announced an Interfaith Concert for Ukraine would be held from 6:00 P.M. 8:00 P.M. on May 7, 2022, at Antioch Seventh-day Adventist Church.

5. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

City Clerk Householder announced the following Board and Commission openings:

ECONOMIC DEVELOPMENT COMMISSION

CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD OF TRUSTEES

For more information and to apply, visit: www.bit.ly/ApplyAntioch or t.

PUBLIC COMMENTS

Navdeep Keuelej and Baldev Singh yielded their time to Norma Hernandez.

Norma Hernandez, Antioch resident, discussed the negative impacts and lack of notification for the ordinances related to tobacco shops. She stated the c policies were unfair because they did not apply to cannabis businesses. She requested the ordinance be reagendized and a Study Session be scheduled to address the impacts.

Ralph Hernandez, Antioch resident and former Councilmember, stated Council and staff served at the will of the residents. He encouraged department heads to respond to the public. He announced that there had been discussions regarding taking over City administration.

Pam Gupta, Antioch resident and Business Owner, requested Council reconsider their decision regarding the ban on flavored tobacco and increased cost of tobacco products.

Marisa Henriquez, Antioch resident, representing ACCE, expressed concern regarding the condition of the Twin Creek Apartments and requested Council inform them on how to hold management accountable.

Richard Madison, Antioch resident, stated Council represented the citizens of Antioch and they should hold themselves accountable and set an example. He noted citizens needed to raise their expectations.

Lucas Stuart-Chilcote, Antioch resident, recognized the community of the Muslim faith for their celebration of Ramadan. As a member of the Sikh faith, he announced that April was Sikh Awareness and Appreciation month. He invited the community to a celebration at the Gurdwara in Pittsburg this weekend.

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Devin Williams, Antioch resident representing ACCE, announced tenants at the Twin Creeks Apartments were unhappy with the condition of the property. He discussed the need for better tenant protections.

Chris Gilroy stated the tobacco ordinance was flawed and would eventually be repealed because it had a detrimental economic impact on businesses.

Leslie May, Antioch resident, requested Council initiate discussions with the Board of Historically Black Colleges and Universities to build a University in Antioch. She expressed concern regarding racist behavior and comments she had witnessed.

Max Fattahiau, Antioch Business Owner, reported that when he hired employees for his Oakley business, he had several applicants; however, when he advertised in Antioch, he received no response because employees feared for their safety. He stated he received notification that Antioch was banning flavored tobacco. He noted that he had significant inventory and suggested the City allow for a grace period for business owners to phase out their products.

Rochon Williams, Antioch resident, urged Council to rescind the RV ordinance requiring permits to park RVs on driveways and requested Council place this item on the next agenda.

Betty Smith, Antioch resident, Executive Director of Delta 2000, discussed services provided by their non-profit and listed the non-profits with offices in their building.

Mary Rocha, Antioch resident, reported she attended a meeting with City staff where she was informed of the possibility of the City taking over the Antioch Resource Center which would displace the nonprofits. She suggested the City utilize the Nick Rodriguez Community Center for employee needs. She noted if the City proceeded with taking over the facility, they would need sufficient time to budget for relocation. She requested the City reconsider.

William Chapman, Antioch resident representing Delta 2000, reported the Antioch Resource Center had members of staff tour their building and photograph rooms. He requested a copy of the photos and report. He stated the building was centrally located, safe and secure. He noted it also provided a facility for communication of the non-profits so they could provide services to the community. He expressed concern that these organizations had not budgeted to relocate their offices and if they were forced to move, they would cease to exist.

Ken Turnage, Antioch resident, explained what he believed attributed to the low police staffing levels of the Antioch Police Department.

Lacey Brown explained why she held higher standards for elected officials and endorsed Councilmembers Torres-Walker and Wilson.

Patricia Granados discussed threats made to elected officials, activists, and protesters.

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Mayor Thorpe declared a recess at 9:01 P.M. the meeting reconvened at 9:05 P.M. with all Councilmembers present.

Patricia Granados resumed her comments and spoke to the accomplishments of Council.

Frank Sterling, Antioch resident, spoke in support of the activist in Antioch. He discussed incidents involving the Antioch Police Department and the need for change. He stated he hoped the non-profits at the Antioch Resource Center could remain or the city could assist them with relocating. He noted that he would vote for his district Councilmember and the Mayor during the next election cycle.

Edgar Martinez, Antioch resident, discussed the importance of diversity and equity for the the location of crimes. He commended the City Council
for addressing homelessness and encouraged the City to fund a CORE Team in Antioch. He suggested the City hold special meetings to discuss community needs.

Rocheall Pierre, Deborah Polk and Myriam Saenz, Antioch residents, representing ECRG, and Carmen Ponce (translated by Mayor Thorpe) representing ACCE, spoke in support of tenant protection policies to address rent control, just cause for evictions and anti-harassment protections.

Jackie Lowery, ACCE, spoke against racism and in support of Mayor Thorpe and Councilmember Torres-Walker. She also spoke in support of tenant protection policies.

Francisco Torres, ACCE, voiced his support of the City Council and spoke in support of tenant protection policies.

Katie Felch yielded her time to Andrew Becker.

Andrew Becker thanked the public speakers this evening. He reported unhoused residents were struggling to find resources and support. He thanked Councilmember Torres-Walker for visiting the California Modular community in San Jose and he invited other Councilmembers to visit the project. He encouraged residents to participate in the Housing Element Community Engagement from 7:00 P.M. 8:30 P.M. on April 13, 2022.

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

Raquel Maramag, representing ACCE.

Mayor Thorpe thanked the speakers for their public comments and reminded them that he would not tolerate interruptions during Council meetings.

COUNCIL SUBCOMMITTEE REPORTS/COMMUNICATIONS

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Councilmember Torres-Walker reported on her attendance at the Violence Intervention and Prevention Committee meeting and Public Safety and Community Resources Department Ad Hoc Committee meeting. She announced the CDBG and Cannabis Standing Committees would meet later this month.

Councilmember Ogorchock requested Council consider delaying the tobacco ban to allow time to revisit the impacts. She stated she was made aware that the City would be taking over the Juneteenth event which was previously organized by Claryssa Wilson. She requested that the event be allowed to go back to her to manage.

Councilmember Wilson reported on her attendance at the Public Safety and Community Resource Department Committee meeting and announced she would also be attending a Cannabis Standing Committee meeting later this month. She reported on the grant received by Tri Delta Transit as well as their bus pass program.

Councilmember Barbanica voiced his support for Claryssa Wilson managing the Juneteeth event and revisiting the tobacco ban. He offered to meet with residents at the Twin Creek Apartments.

Mayor Thorpe reported he had visited tobacco retailers and expressed concern regarding the would be meeting with merchants to discuss their concerns and suggested Council consider a grace period for the ordinance. He announced he would bring back the permitting process for RVs at the next Council meeting. He thanked everyone who had expressed their support and encouraged his supporters to not engage with recall proponents. He announced he would be continuing police reform efforts, engaging youth and facilitating inclusiveness.

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 22, 2022

B. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 8, 2022

C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR MARCH 11, 2022

D. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 22, 2022

E. APPROVAL OF COUNCIL WARRANTS

F. APPROVAL OF HOUSING SUCCESSOR WARRANTS

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I. RESOLUTION NO. 2022/53 AB 361: RESOLUTION MAKING FINDINGS NECESSARY

TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR THE CITY

COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES

J. RESOLUTION NO. 2022/54 APPROVAL OF PURCHASE OF ONE (1) BANDIT BRUSH AND WOODCHIPPER MODEL M-12XP UTILIZING SOURCEWELL COOPERATIVE PURCHASING CONTRACT #050119-BAN WITH CAL-LINE EQUIPMENT INC.

K. RESOLUTION NO. 2022/55 THIRD AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING RELATED TO THE GROUNDWATER SUSTAINABILITY PLAN

FOR THE EAST CONTRA COSTA COUNTY PORTION OF THE TRACY SUBBASIN (P.W. 704-3)

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

PUBLIC HEARING

7. FORMATION OF THE PROPOSED CITY OF ANTIOCH COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SERVICES) FOR LAUREL RANCH SUBDIVISION (P.W. 698) (Continued from March 22, 2022)

Assistant City Engineer Thompson presented the staff report dated April 12, 2022 recommending the City Council take the following actions: 1) Continue the public hearing and request that the City Clerk open the Special Election Ballot from the sole property owner and publicly read the results of the election; 2) Adopt the Resolution Declaring Results of Special Landowner Election and Directing Recording of Notice of Special Tax Lien; and 3) Introduce, waive the first reading, and read by title only, the Ordinance Levying Special Taxes within the City of Antioch Community Facilities District No. 2022-01 (Public Services).

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

Councilmember Ogorchock requested the City Clerk open the Special Election Ballot from the sole property owner and publicly read the results of the election.

City Clerk Householder opened the special election ballot and announced it was

RESOLUTION NO. 2022/56

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted the Resolution Declaring Results of Special Landowner Election and Directing Recording of Notice of Special Tax Lien.

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On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously introduced, waived the first reading, and read by title only, the Ordinance Levying Special Taxes within the City of Antioch Community Facilities District No. 2022-01 (Public Services).

8. STRATEGIC INFILL HOUSING STUDY

Planning Manager Hersch introduced Bruce Brubaker and Janet Chang who presented the Antioch Strategic Infill Housing Study.

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

In response to Council, Director of Community Development Ebbs stated he was in support of the recommended action and explained this model could be applied to other areas of the City.

Mayor Thorpe spoke to the importance of addressing the areas within District 1 that had been overlooked in the past.

RESOLUTION NO. 2022/57

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted the resolution approving the addendum to the 2003 General Plan Environmental Impact Report (Attachment A).

RESOLUTION NO. 2022/58

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted the resolution approving General Plan Amendment (GP-22-01) establishing Commercial In-Fill Housing Policies in the Land Use Element (Attachment B).

RESOLUTION NO. 2022/59

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted the r
(Attachment C).

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously introduced, waived the first reading, and read by title only the ordinance ignation, zoning map amendment (Z-22-01) (Attachment D).

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously introduced, waived the first reading, and read by title only the ordinance for the following: Zoning Text Amendments. Zoning text amendment Sections 9-5.203 - -

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Regulations for (Attachment E).

COUNCIL REGULAR AGENDA

9. AMERICAN RESCUE PLAN ACT FUNDING

Finance Director Merchant presented the staff report dated April 12, 2022, recommending the City Council provide feedback and direction regarding the allocation of American Rescue Plan Act funding received by the City of Antioch and adopt a resolution authorizing the necessary Fiscal Year 2022 and 2023 budget amendments for expenditures approved at the April 12, 2022, meeting.

Following discussion and review of the ARPA Allocations (Attachment A), Council consensus supported the following expenditures:

Mental Health Crisis Response pilot
Bridge Housing Support Services pilot master lease of hotel and support services Economic Development/Business small business grants, façade improvement grants, small business support

Rehabilitation of building for Public Safety Community Resources Wi-Fi Downtown Area (from NRCC and 3rd St.to west of CH and 3rd St., to the waterfront) installation and annual maintenance x2
Aquatic Center - Perimeter fence replacement
Meals on Wheels $25,000

Councilmember Torres-Walker spoke in support of future conversations to improve connectivity across District 1.

In response to Councilmember Barbanica, Director of Parks and Recreation Helfenberger clarified that the deck repair, pool plaster replacement, boulder structure repair and slide restoration were needed for the safety of children.

Caitlin Sly, Executive Director of Meals on Wheels gave a brief overview of their program.

Mayor Thorpe stated the ARPA Spending List would be reviewed later for the remaining funds.

Finance Director Merchant explained that they were working with legal experts to review the spending ideas to ensure compliance with the ARPA funding requirements.

RESOLUTION NO. 2022/60

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On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adopted a resolution authorizing the necessary Fiscal Year 2022 and 2023 budget amendments for expenditures approved at the April 12, 2022, meeting.

10. DISCUSSION ITEM: ANTIOCH POLICE OVERSIGHT COMMISSION SUMMARY OF

CONTENT FOR A DRAFT ORDINANCE

City Attorney Smith presented the staff report dated April 12, 2022, recommending the City Council: 1) Determine whether to direct staff to prepare an ordinance forming the Antioch Police Oversight Commission; and 2) If so, advise staff whether to rename the Police Crime Prevention Commission, by designating it as a board or committee, or to make any other modifications to it.

In response to Councilmember Ogorchock, City Attorney Smith explained that Mayor Thorpe had requested this matter come to Council as a discussion item.

Frank Sterling, Harry Thurston, Lacey Brown and Victoria Adams, East County NAACP, spoke in support of the formation of the Antioch Police Oversight Commission. Ms. Adams requested the Police Chief be required to submit semi-annual or quarterly reports to the Commission, City Council and public.

Councilmember Torres-Walker spoke in support of the formation of the Police Oversight Commission and agreed with increasing the frequency of the reports from the Police Chief.

City Attorney Smith stated if Council wanted quarterly written reports, he could insert that; however, the Chief or his designee would be present at meetings to provide verbal reports.

Following discussion, Council consensus directed staff to bring back an ordinance forming the Antioch Police Oversight Commission and a report identifying the duties of the Police Crime Prevention Commission.

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

THE TOTAL COMPENSATION STUDY FINAL REPORT

Administrative Services Director Mastay presented the staff report dated April 12, 2022 recommending the City Council adopt a resolution: 1) Approving the Side Letter Agreement between the City of Antioch and the Treatment Plant Employees Association 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 Treatment Plant Employees Association; 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.

RESOLUTION NO. 2022/61

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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 Treatment Plant Employees Association for Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021, Appendix IV: Salary Range Placement Recommendations; 2) Authorizing the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and Treatment Plant Employees Association; and 3) Authorizing 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.

13. TENTATIVE AGREEMENTS BETWEEN THE CITY OF ANTIOCH AND THE ANTIOCH POLICE OFFICERS ASSOCIATION (APOA) FOR THE PERIOD OF SEPTEMBER 1, 2021 AUGUST 31, 2025

Administrative Services Director Mastay presented the staff report dated April 12, 2022, recommending the City Council adopt a resolution: 1) Approving the Tentative Agreements between the City of Antioch and the Antioch Police Officers Association (APOA); and 2) Authorize the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and 2022/23 budgets to implement the provisions of the Tentative Agreements.

RESOLUTION NO. 2022/62

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted a resolution: 1) Approving the Tentative Agreements between the City of Antioch and the Antioch Police Officers Association (APOA); and 2) Authorizing the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and 2022/23 budgets to implement the provisions of the Tentative Agreements.

14. RESOLUTION APPROVING CLASS SPECIFICATION UPDATES FOR ASSISTANT

CITY ATTORNEY AND ASSIGNING AN UPDATED SALARY RANGE

Administrative Services Director Mastay presented the staff report dated April 12, 2022, recommending the City Council adopt a resolution: 1) Approving updates for the Assistant City Attorney class specification; 2) Assigning an updated salary range to the Assistant City Attorney class specification; and 3) Authorizing the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and 2022/23 budgets to implement the updated salary range.

RESOLUTION NO. 2022/63

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adopted a resolution: 1) Approving updates for the Assistant City Attorney class specification; 2) Assigning an updated salary range to the Assistant City Attorney class specification; and 3) Authorize the City Manager or designee to make any necessary

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adjustments to the Fiscal Year 2021/22 and 2022/23 budgets to implement the updated salary range.

PUBLIC COMMENT

Edgar Martinez spoke in support of the Police Oversight Commission. He urged Council to include residents in the Cavallo and 18th Street neighborhoods in the MApprenticeship program. He mentioned that he had watched an interview with Councilmember Torres-Walker regarding eviction issues that was very informative.

STAFF COMMUNICATIONS None

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Torres-Walker requested Council consider providing translation services at every Council meeting. She thanked Carmen Ponce and Edgar Martinez for their comments this evening. She thanked Interim Chief Morefield for providing policing data related to geography. She also thanked various community members who supported and provided resources to community members in need.

Mayor Thorpe stated Antioch was going through a maturation process and it had been challenging for staff and the community. He noted the City would remain strong.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adjourned the meeting at 11:31 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

CITY COUNCIL MEETING

Special Meeting April 19, 2022
7:00 P.M. Council Chambers

7:00 P.M. SPECIAL MEETING

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

Present: Council 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.

OPENING REMARKS BY MAYOR AND CITY COUNCIL

Mayor Thorpe announced that this Special meeting was scheduled to review agenda items previously requested by Council.

Councilmember Ogorchock requested staff agendize a performance evaluation for Interim City Manager Johnson and reconsideration of the smoke shop ordinance.

COUNCIL REGULAR AGENDA

CITY COUNCIL AGENDA FOLLOW-UP ITEMS NO. 1-9

1. CITY OF ANTIOCH HUMAN RIGHTS AND RACIAL EQUITY COMMITTEE

Councilmember Torres-Walker requested Council establish an Ad Hoc Committee to work on the formation of a Human Rights and Racial Equity Committee.

Leslie May and Edgar Martinez spoke in support of the formation of a Human Rights and Racial Equity Committee.

Following discussion, Council consensus directed staff to bring back a resolution to create an Ad Hoc Committee to work on the potential formation of a Human Rights and Racial Equity Committee.

2. EMERGENCY OPERATIONS CENTER (EOC) TECHNOLOGY UPGRADES

Councilmember Barbanica requested Council agendize the Emergency Operations Center technology upgrades. He stated this item was important for Antioch because they could lose funding if they managed an emergency incorrectly.

B
05-24-22

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April 19, 2022 Page 2 of 4

Following discussion, this item lacked consensus to bring it back for discussion.

3. POLICE CHIEF'S REPORT ON 2020 AND 2021 CRIME AND ANTIOCH POLICE

DEPARTMENT UPDATE

Councilmember Barbanica stated he requested a report of staffing levels and crime statistics for the community on an annual basis.

Ralph Hernandez informed Council that reporting of crime statistics would be different this year because there were crimes that were now categorized differently.

Edgar Martinez, Antioch resident, spoke in support of the transparency provided by reporting.

Following discussion, this item lacked consensus to bring it back for discussion.

Mayor Thorpe announced that Councilmember Wilson had the capacity to bring this item to her committee at any time.

4. CREATION OF A BEACH PARK FROM RIVERVIEW LODGE TO THE MARINA

Councilmember Ogorchock stated a beach park downtown had potential and it would bring more people to the area in the summer.

Following discussion, this item lacked consensus to bring it back for discussion.

5. YOUTH APPRECIATION DAY

Councilmember Ogorchock stated there were several youths that should be recognized and honored in the community.

Following discussion, this item lacked consensus to bring it back for discussion.

Mayor Thorpe announced that Youth Services Network Manager Johnson was working on this item and would be bringing it forward in the future.

6. PRESENTATION

Councilmember Barbanica stated this item was brought to his attention by Veterans who had a project presentation prepared.

Barbara J. Brooks, Edgar Martinez, JR Wilson, Pat Jeremy representing VFW, Antwon Webster , Donald Freitas
Community Projects, and Audrey James representing American Legion, spoke in support of placing community p items on future agendas.

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April 19, 2022 Page 3 of 4

Council thanked the Veterans for their service.

Councilmember Torres-Walker suggested renaming and Contra Loma Blvd., Blvd.

as an agenda item. They also supported the renaming of come back as a separate agenda item with a comprehensive discussion for street improvements throughout the community.

7. NAMING OF NEW STREETS IN DEVELOPMENTS AND NAMING A STREET THOMAS

GAINES BOULEVARD

Councilmember Barbanica requested the re brought back with a comprehensive approach to street naming throughout the community.

Edgar Martinez spoke in support of holding a future discussion Thomas Gaines Blvd. He requested the history of Thomas Gaines be provided for the public when this item is agendized. He encouraged the City to include corridor with the renaming project.

Following discussion, Council consensus supported the Street be included in a comprehensive discussion for street improvements throughout the community.

8. POLICY ON CENSURE OF CITY COUNCIL MEMBERS (TO INCLUDE REMOVAL

FROM COMMISSIONS)

Councilmember Barbanica stated he requested this item because the City lacked any policy on the censure of City Council members.

Andrew Becker spoke in support of developing a policy to hold Council accountable.

Following discussion, this item lacked consensus to bring it back for discussion.

9. ADMINISTRATIVE ASSISTANTS FOR CITY COUNCIL MEMBERS

Councilmember Torres-Walker stated she requested this item because she felt Council needed the support. She noted it could be a shared or independent assistant.

Ralph Hernandez stated if this item moved forward, it should be filled by a volunteer.

Andrew Becker spoke in support of moving this item forward for Council consideration.

Following discussion, Council consensus supported bringing this item back for discussion during the budget process.

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PUBLIC COMMENTS

Leslie May discussed the need to address mental health issues associated with the unhoused in Antioch. She reported the County was willing to work with the City to identify funding to address this issue.

Ralph Hernandez announced he would be releasing the details of two cases to the public on April 21, 2022, in Martinez. He spoke in support of the Antioch Police Department and increasing the number of sworn officers.

Ken Turnage discussed his removal from a previous Council meeting and urged Mayor Thorpe to apply the same criteria for all public speakers.

Edgar Martinez reported on his attendance at Mental Health Services Act meetings, and he invited the public to participate in future meetings. He spoke in support of the nonprofits that wished to remain in the Antioch Community Resource Center. He encouraged the City to hold quarterly special meetings.

Erica Raulston commended the Antioch Police Department for their professionalism during an incident involving a combative person who was involved in illegal activity.

Andrew Becker stated he believed it was a conflict of interest that a candidate for elected office was involved in the Celebrate Antioch Foundation hosting the Sesquicentennial events. He expressed concern that the official a post endorsing the candidate. He encouraged the City to submit a Project Homekey application by the May 2, 2022, deadline.

Frank Sterling spoke in support of an investigation of the Antioch Police Department (APD) regarding crimes of moral turpitude and discussed incidents he was involved in with them. He invited Council and staff to attend an event for people speaking out against the APD on April 30, 2022.

STAFF COMMUNICATIONS None

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS None

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adjourned the meeting at 8:22 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:

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
C ouncil Meeting Minutes of , 20
- -

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:

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
C ouncil Meeting Minutes of , 20

F
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Second Reading: Ordinance Creating the Antioch Police Oversight Commission

RECOMMENDED ACTION
It is recommended that the City Council adopt the ordinance creating the Antioch Police Oversight Commission (“Attachment A”).

FISCAL IMPACT
The members of the Antioch Police Oversight Commission will not be compensated for their time. However, the City will need to provide funding for the Police Commission’s general operating expenses, training, continuing education, and public outreach and events. There will also be expenses associated with staff time dedicated to working with the Police Commission.

DISCUSSION
Civilian oversight of police departments is an evolving governmental function designed to provide the community with a means to influence police department policies and to help ensure that policing is conducted in a manner that is constitutional, effective, and responsive to the standards, values, and expectations of those served by the police department.

The City Council directed City staff to research and make recommendations to the City Council Police Oversight Standing Committee on the potential formation of an Antioch Police Oversight Commission (“Police Commission”). City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies.

City staff has prepared an ordinance forming the Antioch Police Oversight Commission with the aim of strengthening trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department's policies, practices, and customs meet or exceed national standards of constitutional policing.

Antioch City Council Report
May 24, 2022 Agenda Item #F 2

ANTIOCH POLICE OVERSIGHT COMMISSION
The purpose of the Antioch Police Oversight Commission is to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department's policies, practices, and customs meet or exceed national standards of constitutional policing.

The Police Commission shall advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch. The Police Commission shall facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.

The Police Commission shall promote and encourage open communication and cooperation between the Antioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.

The Police Commission shall develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.

ATTACHMENTS
A. Ordinance – Antioch Police Oversight Commission

ATTACHMENT A

ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADDING SECTION 5.109 TO TITLE 2 AND CHAPTER 3 TO TITLE 4 OF THE ANTIOCH

MUNICIPAL CODE CREATING THE ANTIOCH POLICE OVERSIGHT COMMISSION WHEREAS, the City Council directed City staff to research and make recommendations to the City Council Police Oversight Standing Committee on the potential formation of an Antioch Police Oversight Commission;

WHEREAS, City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between citizen police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies; and

WHEREAS, City staff recommends the formation of the Antioch Police Oversight Commission to increase transparency, enhance accountability, foster trust, and strengthen police-community relations in the City.

The City Council of the City of Antioch, California, hereby ordains as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Adoption.Section 2-5.109 is hereby added to the Antioch Municipal Code to read as follows:
§ 2-5.109 ANTIOCH POLICE OVERSIGHT COMMISSION.

The Antioch Police Oversight Commission (“Police Commission”) consists of seven members. The Police Commission has the duties as specified in Chapter 3 of Title 4 of this code.

SECTION 3. Adoption. Chapter 3 is hereby added to Title 4 of the Antioch Municipal Code to read as follows:

Sections

4-3.101 CREATED.
4-3.102 PURPOSE.
4-3.103 MEMBERSHIP AND APPOINTMENT.
4-3.104 TERMS OF OFFICE AND REMOVAL FROM OFFICE.
4-3.105 OFFICERS.
4-3.106 MEETINGS.
4-3.107 NO COMPENSATION.
4-3.108 BUDGET.

ATTACHMENT A

4-3.109 TRAINING.
4-3.110 POWERS AND DUTIES.
4-3.111 PUBLIC REPORTS.
4-3.112 REQUIREMENT OF COOPERATION BY THE ANTIOCH POLICE

DEPARTMENT AND ALL OTHER CITY EMPLOYEES AND
OFFICIALS WITH THE POLICE COMMISSION.

§ 4-3.101 CREATED.

There is hereby created an Antioch Police Oversight Commission (hereinafter referred to as the "Police Commission").

§ 4-3.102 PURPOSE.

The purpose of the Police Commission is to advise the City Council, City Manager, and Chief of Police on the administration of the Antioch Police Department and on matters of public safety within the City of Antioch to ensure that the Antioch Police Department's policies, practices, and customs conform to national standards of constitutional policing.

The Police Commission shall facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.

The Police Commission shall develop, review, and make policy recommendations aimed at informing the community of its rights and responsibilities when interacting with police officers.

§ 4-3.103 MEMBERSHIP AND APPOINTMENT.

(A) The Police Commission shall consist of seven (7) voting members appointed by the Mayor and confirmed by the City Council.

(B) All voting members of the Police Commission shall be residents of the City of Antioch.

(a) one (1) representative from each of the four (4) councilmember voting districts of the City;

(b) one (1) representative of the Antioch faith-based community;

ATTACHMENT A

(d) one (1) employee or student of the Antioch Unified School District. (D) No one shall be excluded from the Police Commission because he or she has a criminal record.
(E) The following shall not be eligible to serve as a Police Commissioner:

(a) current sworn police officer or his/her spouse;

(b) current City employee or his/her spouse;

(d) current or former employee, official, or representative of an employee association representing sworn police officers or his/her spouse.

(F) Commissioners shall not be issued and shall not display, wear, or carry badges that so resemble a peace officer’s badge that an ordinary reasonable person would believe that Commissioners have the authority of a peace officer.

§ 4-3.104 TERMS OF OFFICE AND REMOVAL FROM OFFICE.

(A) The terms of office for all members of the Police Commission shall be three years, but the terms of not more than three (3) members shall expire in any one year.

Therefore, when the initial seven (7) members are selected, two (2) commissioners shall be appointed to serve an initial one-year term, two (2) commissioners shall be appointed to serve an initial two-year term, and the remaining three (3) shall serve an initial three- year term. No members shall serve for more than two consecutive full terms. For this purpose, the initial one-year and two-year terms in this paragraph shall be considered full terms. The expiration date of all terms shall be November 31, but each member shall serve until his or her successor is duly appointed and qualified.

(B) A member may resign before the expiration of his or her term with written notification to the chairperson of the Police Commission and the Mayor.

(C) Members of the Police Commission shall serve at the pleasure of the City Council and may be removed from office by a majority vote of the Council.

(D) The Police Commission may recommend to the City Council that a member be removed for reasons including but not limited to:

(a) misuse of position as a Police Commission member;

ATTACHMENT A

(b) misuse of police-issued documents;

(c) misconduct that impedes the member's ability to serve as an effective and impartial Police Commission member;
(d) unexcused absences from at least three meetings in a one-year span of time;

(e) violation of the Code of Ethics of the National Association for Civilian Oversight of Law Enforcement (NACOLE); or

(f) conflict of interest.

(E) Upon receipt of notification of resignation or a Council vote of removal, the position shall be considered vacant and eligible for the Mayor to nominate a replacement commissioner for appointment with confirmation by the City Council. The replacement commissioner shall serve for the remainder of the term and be eligible for reappointment for one additional term.

§ 4-3.105 OFFICERS.

During January of each year, the Police Commission shall elect one of its members as chairperson and one as vice-chairperson who shall each hold office for one (1) year or until their respective successors are elected. After all Police Commission members have been appointed and confirmed, officers shall be elected no later than the second meeting of the Police Commission. No officer shall be eligible to serve more than two consecutive terms in the same office.

§ 4-3.106 MEETINGS.

(A) The Police Commission shall hold its first meeting within thirty days after all of its members have been appointed and confirmed. At the first meeting, the Police Commission shall set the time and date of regularly scheduled meetings, which shall occur at least twice each month, except during the months of July and December when regular meetings shall occur once per month. Regular meetings of the Police Commission shall be held at Antioch City Hall except for meetings held under section 4-

3.060(B). The Police Commission shall notify the public of the time and place of its meetings and provide time for public comment at each meeting in compliance with the Brown Act.

(B) At least two meetings of the Police Commission each year shall be held at locations within the City of Antioch other than City Hall for the purpose increasing community engagement with the Police Commission. The Police Commission shall make a good faith effort to hold these meetings at public schools, youth centers, or community- based organizations within the City of Antioch.

ATTACHMENT A

(D) In the interest of upholding and modeling a positive relationship between the citizens of Antioch and the Antioch Police Department, the Antioch Chief of Police, or his or her designee, shall attend the beginning of all public meetings of the Police Commission and, as the first order of new business, be placed on the agenda to comment or report on any matters under consideration by the Police Commission.

§ 4-3.107 NO COMPENSATION.

Members of the Police Commission shall serve without compensation. However, the City Council may authorize the reimbursement of reasonable expenses incurred by the members in the performance of their duties.

§ 4-3.108 BUDGET.

The City shall provide the Police Commission with funding for general operating expenses, training, and continuing education for all Police Commissioners.

§ 4-3.109 TRAINING.

The City shall provide appropriate funding for introductory training of new Police Commission members as well as continuing education for all members. Training shall cover all of the following, but not be limited to:

(A) The ordinance establishing the Police Commission;

(B) National standards of constitutional policing;

(D) Laws governing local public records and public meetings, confidentiality, police officer rights, arrestee rights, and excessive force; and

(E) Police policies, practices, and procedures around stops, arrests, use of force, detention, large-scale protests, and marginalized communities.

§ 4-3.110 POWERS AND DUTIES.

To effectuate its purpose, the Police Commission shall, in compliance with the California Public Records Act (Gov. Code, §§ 6250 et seq.), Penal Code Sections 832.7 and 832.8; California Public Safety Officers Procedural Bill of Rights Act (Gov. Code, §§ 3300 et seq.), Government Code section 38630, Government Code section 37104, Penal Code section 832.7, and all other applicable state and federal law:

ATTACHMENT A

(A) Propose changes, at its discretion or upon receiving direction from the City Council, including modifications to the Police Department’s proposed changes, to any policies or procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de-escalation techniques on civilians, hate crimes, or biased-based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. All such proposed changes and modifications shall be submitted to the City Council for approval or rejection.

(B) Recommend City Council approval or rejection of the Police Department’s proposed changes to all policies and procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de-escalation techniques with civilians, hate crimes, or biased-based policing including profiling based on any of the protected characteristics identified by federal, state, or local law.

(a) If the Police Commission recommends rejection of the proposed policy, the Police Department’s proposed changes, notice of the Commission’s rejection, and the reasons for rejection, together with the Police Department’s proposed changes, shall be submitted to the City Council for review.

(b) If the Police Commission recommends approval of the Police Department’s policy, the Police Department’s proposed changes will proceed directly to the City Council for review.

(c) If the Police Commission does not approve or reject the Police Department’s proposed changes within sixty (60) days of the Police Department’s submission of the proposed changes to the Police Commission, the Police Department’s proposed changes will proceed directly to the City Council for review.

(C) Review and comment on, at its discretion, any other policies, procedures, customs, and general orders of the Police Department. All such comments shall be submitted to the Chief of Police, the City Manager, and the City Attorney. The Chief of Police shall provide a written response to the Police Commission upon request.

(D) Review the City Council’s proposed budget advise whether budgetary allocations for the Police Department are aligned with the Police Department’s policies and procedures. The Police Commission shall conduct at least one public hearing on the Police Department budget per budget cycle and shall forward to the City Council any recommendations for change.

(E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require.

(F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chief's report in addition to such other matters as are relevant to the functions and duties of the Police Commission.

ATTACHMENT A

(G) Receive reports from the Police Department on publicly disclosable information concerning the status of civilian complaints. Develop a program for the mediation of civilian complaints, in coordination with the Chief of Police, the City Manager, and the City Attorney.

(H) Study, develop, and recommend community policing and alternative crime- prevention policies and strategies to the Chief of Police, City Manager, City Attorney, and City Council; assess and make recommendations regarding the role of social services in public safety, including but not limited to those related to mental health, alcohol and substance abuse, homelessness, juvenile justice, and education.

(I) Develop and recommend, in conjunction with the Chief of Police and the City Manager, educational programs regarding policing in Antioch and community outreach events, such as town hall meetings, forums to communicate information about neighborhood watch programs, and events designed to encourage safety and emergency preparedness.

(J) Request and review data from public records of the Antioch Police Department as needed to effectuate the Police Commission’s powers and duties including data regarding police use of force; demographics of individuals stopped, searched, or arrested; demographics of Antioch Police Department officers and staff; and officer training and qualifications.
§ 4-3.111 PUBLIC REPORTS.

(A) The Police Commission shall draft and issue public reports regarding the issues described in section 4-3.100. An annual report may be in the form of an update from a previous year's report. The Police Commission may issue additional public reports as it deems appropriate.

(B) The Police Commission shall provide annual public reports to City Council, City Manager, and City Attorney on the Police Department’s progress on Police Commission recommendations and other updates relevant to the mission of the Police Commission.

SECTION 4. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project

ATTACHMENT A

is not subject to CEQA. This Ordinance authorizes the City Council to create an Antioch Police Oversight Commission and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.

SECTION 5. Severability.Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 6. Publication; Effective Date.This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.
* * * * *
I HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch held on the ___ day of _________, 2022 and passed and adopted at a regular meeting thereof held on the ___ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________________
Lamar A. Thorpe, Mayor

ATTEST:

_________________________________
Elizabeth Householder, City Clerk

ATTACHMENT B
Base Year = 1986/87 - $20,840,418
New Calculated New Calculated
Year Rate Limit Year Rate Limit
97/98 1.0467 2010/11 0.9746

1.0214 x 45,938,248 = 49,112,581 1.0128 94,979,598 = 93,754,361

1.0691 0.9871
98/99 1.0415 2011/12 1.0251

1.0267 x 49,112,581 = 52,516,083 1.0081 x 93,754,361 = 96,885,757

1.0693 1.0334
99/00 1.0453 2012/13 1.0377

1.0218 x 52,516,083 = 56,092,428 1.0075 x 96,885,757 = 101,294,059

1.0681 1.0455
2000/01 1.0491 2013/14 1.0512

1.0269 x 56,092,428 = 60,428,373 1.0112 x 101,294,059 = 107,675,585

1.0773 1.0630
2001/02 1.0782 2014/15 0.9977

1.0280 x 60,428,373 = 66,978,809 1.0112 x 107,675,585 = 108,633,898

1.1084 1.0089
2002/03 0.9873 2015/16 1.0382

1.0384 x 66,978,809 = 68,666,675 1.0151 x 108,633,898 = 114,489,265

1.0252 1.0539

2003/04 1.0231 2016/17 1.0537

1.0276 x 68,666,675 = 72,189,275 1.0089 x 114,489,265 = 121,713,538

1.0513 1.0631
2004/05 1.0328 2017/18 1.0369

1.0154 x 72,189,275 = 75,704,893 1.0066 x 121,713,538 = 127,032,420

1.0487 1.0437
2005/06 1.0526 2018/19 1.0367

0.9995 x 75,704,893 = 79,649,118 1.0070 x 127,032,420 = 132,621,846

1.0521 1.0440
2006/07 1.0396 2019/20 1.0385

1.03 x 79,649,118 = 85,288,276 1.0056 x 132,621,846 = 138,496,994

1.07079 1.0443
2007/08 1.0442 2020/21 1.0373

0.9999 x 85,288,276 = 89,049,489 1.0009 x 138,496,994 = 143,787,579

1.0441 1.0382
2008/09 1.0429 2021/22 1.0573

1.0068 x 89,049,489 = 93,493,058 1.0055 x 143,787,579 = 152,860,575

1.0499 1.0631
2009/10 1.0062 2022/23 1.0755

1.0096 x 93,493,058 = 94,979,598 0.9994x 152,860,575= 164,309,832

1.0159 1.0749

CITY OF ANTIOCH

APPROPRIATION LIMIT

APPLICATION OF REVISED RATES
: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

May 2022
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2022, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2022-23.
income and an example for utilizing the price factor and population percentage change factor to calculate the 2022-23 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website
Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population Finance
will certify the higher estimate to the State Controller by June 1, 2022.

Please Note: The p The per capita personal
income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

KEELY MARTIN BOSLER
Director
By:

ERIKA LI
Chief Deputy Director
Attachment
ATTACHMENT C, P.1
May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 ATTACHMENT C, P. 2
Fiscal Year 2022-23
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2021 to January 1, 2022 and Total Population, January 1, 2022 Total
County Percent Change --- Population Minus Exclusions --- Population City 2021-2022 1-1-21 1-1-22 1-1-2022
Contra Costa
Antioch -0.06 115,142 115,074 115,074
Brentwood 0.18 64,224 64,342 64,342
Clayton -0.92 10,964 10,863 10,863
Concord -0.90 124,755 123,634 123,634
Danville -0.05 43,373 43,352 43,352
El Cerrito -0.08 25,671 25,650 25,650
Hercules -1.01 26,357 26,091 26,091
Lafayette -0.61 25,217 25,064 25,064
Martinez -0.77 37,195 36,908 36,908
Moraga -0.59 17,206 17,105 17,105
Oakley 2.08 43,627 44,533 44,533
Orinda -0.09 19,496 19,478 19,478
Pinole -1.01 18,819 18,628 18,628
Pittsburg -0.83 75,788 75,156 75,156
Pleasant Hill -0.90 34,335 34,026 34,026
Richmond -0.13 114,643 114,489 114,489
San Pablo -0.89 31,793 31,510 31,510
San Ramon -0.48 84,226 83,820 83,820
Walnut Creek -0.96 70,566 69,891 69,891
Unincorporated -0.55 177,843 176,857 176,941
County Total -0.41 1,161,240 1,156,471 1,156,555
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

ATTACHMENT C, P. 3

J
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 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
Even though cases of COVID-19 have dropped, AB 361 is expressly intended “to protect the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location” because of physical status.

The City of Antioch has utilized teleconference technology for some time, and since the State of Emergency is still in effect and state officials are still recommending measures to promote social distancing, especially for immunocompromised and sensitive groups (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:

Antioch City Council Report
May 24, 2022 Agenda Item #J 2
The City is not required to provide a physical location for the public to attend or provide comments.

Public 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 determines by majority vote that 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, and the “SMARTER” plan that the Governor unveiled specifically indicates that the State of Emergency will not be terminated;

WHEREAS, in addition to the above, state officials have issued orders recommending social distancing measures for certain individuals and in certain situations.

For example, and not by way of limitation, social distancing is referenced in guidance on vaccine doses for persons who are immunocompromised and in certain situations under general industry safety orders;

WHEREAS, the state legislature has also made findings that by removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, AB 361 protects the health and safety of civil servants and

ATTACHMENT A
the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location;

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 a State of Emergency declared by the Governor of the State of California is currently in effect, and that state or local officials are recommending measures promote social distancing.

Section 3. Remote Teleconference Meetings. The City Manager and City Attorney are 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 26th day of April, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTACHMENT A
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
K
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director

SUBJECT: Approval to Receive Funding through the California Natural Resource Agency (CNRA) for the Nick Rodriguez Community Center Rehabilitation Project in the amount of $2,200,000

RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution authorizing the filing of a project application through the California Natural Resources Agency (CRNA) for the rehabilitation of the Nick Rodriguez Community Center.

FISCAL IMPACT
The grant allocation for the City of Antioch for the rehabilitation of the Nick Rodriguez Community Center is $2,200,000. The City will be eligible to receive these funds once the project begins and expenses are reported. Funds must be expended by March 2026.

DISCUSSION
In May 2021, the office of State Senator Steve Glazer informed the City of Antioch of a potential funding opportunity via a State General Fund allocation. The funding would help to accomplish a community project that would benefit the Antioch community and its residents. Staff subsequently prepared a proposal for approximately $2M in funding to address rehabilitation of the Nick Rodriguez Community Center. The proposal includes an overall refresh of the space, upgrades to ensure ADA compliance, repairs to infrastructure, and interior design changes that would allow for a more effective use of space.

In July 2021, staff were informed that the project was approved and that a total of $2,200,000 was awarded for the project. The funding was appropriated by the State Legislature in Senate Bill 129, Chapter 69 (Control Section 19.56 Enacted Budget), which was approved by Governor Newsom on July 12, 2021.

The funding is managed by the California Natural Resources Agency (CNRA). Funds will not be dispersed until there is a fully executed Grant Agreement between CNRA and the City of Antioch. Before an agreement can be developed, the City must complete

Antioch City Council Report
May 24, 2022 Agenda Item # K 2
and submit a Project Information Package to CNRA. Part of the package must include the attached authorizing resolution from the City Council.

ATTACHMENTS
A. Resolution

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE ACCEPTANCE OF GENERAL FUND GRANT FUNDS FOR THE

NICK RODRIGUEZ REHABILITATION PROJECT

WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above;
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures;
WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of a Project Information Package before submission of said package to the State; and WHEREAS, the Grantee will enter into an agreement with the State of California for the above project.

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

1. Approves the acceptance of a general fund allocation for local assistance for the above project(s);

2. Certifies that said agency understands the assurances and certification in the Project Information Form;

3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement or will secure the resources to do so; and

4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.

5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

6. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement contained in the Procedural Guide; and

RESOLUTION NO. 2022/**
May 24, 2022

Page 2 ends

7. Appoints the Parks and Recreation Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

* * * * * * * * *

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 24th day of May, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

N
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Nickie Mastay, Administrative Services Director SUBJECT: Resolution Approving the Class Specification Updates for the Operating Engineers Local Union No. 3 Representational Unit I Bargaining Unit.

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving class specification updates for Operating Engineers Local Union No. 3 Representational Unit IV Bargaining Unit.

FISCAL IMPACT
Approving the updates to the class specifications has no financial impact.

DISCUSSION
The updates are for the Recreation Programs Coordinator class specifications.

Recreation Programs Coordinator
The primary updates to the Recreation Program Coordinator class specification are in Education/Training and Experience sections. In the Education/Training section, the primary update is
:
minimum of one year of experience working in a Recreation setting in a leadership or coordination capacity in an organization responsible for planning and organizing The updates to the class specification will aid in recruitment by attracting the targeted candidates for each classification.

Detailed updates to the class specifications are referenced in the attached resolution and exhibit.

ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution Recreation Programs Coordinator Class Specification

ATTACHMENT A

RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING CLASS SPECIFICATION UPDATES FOR OPERATING ENGINEERS LOCAL UNION NO. 3 REPRESENTATIONAL UNIT IV BARGAINING UNIT WITHOUT

ANY SALARY CHANGES

WHEREAS, the City has an interest in the effective and efficient management of the classification plan;

WHEREAS, the City Council has considered updated Class Specifications on a case-by-case basis as needed for recruitments;

WHEREAS, Operating Engineers Local Union No. Representational Unit IV Bargaining Unit has reviewed and approved the changes to the Class Specifications; and

WHEREAS, Department Management have reviewed and updated the descriptions to reflect current organizational structure and operational needs.

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

Section 1. The Class Specification updates for Operating Engineers Local Union No. 3 Representational Unit IV Bargaining Unit, are hereby approved in substantially the form, attached hereto in Exhibit 1 Recreation Programs Coordinator; and

Section 2. The current salary ranges are hereby maintained.

* * * * * * * * * * *

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 24th day of May 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

Page 1 of 4 ends

CITY OF ANTIOCH

RECREATION PROGRAMS COORDINATOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are notintended to reflect all duties performed within the job.

SUMMARY DESCRIPTION
Under general supervision, to plan, organize, promote, facilitate and coordinate various recreation, social and cultural activities. May exercise technical/functional supervision of subordinate and volunteer staff. Perform related work as required.

REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.

1. Plan, organize, promote, facilitate and coordinate regularly scheduled activities, special events and services.

2. Train and provide technical/functional supervision for subordinate and volunteer staff.

3. Prepare and maintain records and reports on activities.

4. Evaluate program effectiveness and provides recommendations for improvement or modification.

5. procedures and work standards.

6. Act as City staff liaison to outside boards, groups and committees, and the public regarding program offerings and coordination of services.

7. Promote and coordinate specific activities within a recreation programs; prepare program event and facility marketing material including news releases, flyers, schedules of events, pamphlets and brochures.

8. Promote, facilitate, and oversee the rentals of recreation facilities.

9. Participate in the preparation and administration of the recreation program budget for assigned area; submit budget recommendations; monitor expenditures; oversee program deposits, refunds and billings.

10. Participate in the selection of recreation staff for assigned area; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline procedures.

11. Respond to inquiries and concerns regarding recreation activities; research and resolve conflicts as required.

12. Maintain records and develop reports concerning new or ongoing programs and program effectiveness; maintain and file recreation records and reports; prepare statistical reports as required.

CITY OF ANTIOCH

RECREATION PROGRAMS COORDINATOR (CONTINUED)

Page 2 of 4 ends

13. Perform related duties as required.

QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.

Knowledge of:

Basic operations, services and activities of recreation programs.

Principles of supervision, training and performance evaluation.

Principles and practices of recreation program development and implementation.

Basic procedures, methods and techniques of budget preparation and control.

Marketing theories, principles and practices and their application to recreation activities and facilities.

Modern office equipment including computers.

Basic principles of municipal budget preparation and control.

Methods and techniques of special events planning and coordination.

Principles and practices of coordinating, maintaining and scheduling facilities.

Program content for specialized community activities.

Techniques used in public relations and customer service practices.

Rules and equipment used in recreation programs.

Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Principles and procedures of record keeping.

Principles of business letter writing and basic report preparation.

Basic principles and practices of fiscal, statistical, and administrative research and report preparation.

Appropriate safety precautions and procedures within the area of assignment.

Pertinent federal, state and local laws, codes and regulations.

Ability to:

Coordinate and direct assigned recreation programs suited to the community.

Elicit community and organizational support for recreation programs.

Interpret and explain City policies and procedures.

Allocate limited resources in a cost-effective manner.

Develop, coordinate, organize, and promote recreation programs, activities, and events.

Recruit, select, train, and evaluate a variety of personnel and volunteers.

Understand community needs in recreational areas and evaluate activities according to those needs.

Develop, recommend, and implement goals and objectives for providing recreation services.

Respond to requests and inquiries from the general public.

Prepare and administer assigned program budgets.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Maintain program related records, statistics, and documents.

Prepare clear and concise schedules and reports.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

CITY OF ANTIOCH

RECREATION PROGRAMS COORDINATOR (CONTINUED)

Page 3 of 4 ends

Education and Experience Guidelines
Education/Training:
recreation, business or public administration, or a related field; or five years of experience in a municipal government setting with reelatable experience involving Parks and Recreation; and .

Experience:

A minimum or one year experience working in a Recreation settingOne year in a leadership or coordination capacity in an organization responsible for planning and organizing recreation programs and/or related activities.

License or Certificate:

Possession of, or ability to obtain within three months of employment, appropriate, valid CPR and First Aid certificates.

Possession of, or ability to obtain within three months, appropriate, valid certification in Lifeguard Training, Lifeguard Instruction, Lifeguard Instructor Trainer, Water Safety Instruction, and Water Safety Instructor Trainer when assigned to water programs or facilities deemed by the City to require such certification.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.

Environment: Work is performed in a standard office environment and at indoor and outdoor recreational facilities with travel to different locations; incumbents may be exposed to inclement weather conditions and may have some contact with chemical agents used in pool maintenance; work and/or walk on various types of surfaces including slippery or uneven surfaces; extensive public contact; incumbents may be required to work extended hours including evenings and weekends.

Physical: Primary functions require sufficient physical ability and mobility to work in an office and recreation facility setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of transportation; and to verbally communicate to exchange information.

FLSA: Non-Exempt

Created: July 1999
Revised: June 2014, June 2017, April 2022

This class specification identifies the essential functions typically assigned to positions in this class.

Other duties not described may be assigned to employees in order to meet changing business needs or staffing levels but will be reasonably related to an empl du
provide job enrichment opportunities or to address emergency situations.

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CITY OF ANTIOCH

RECREATION PROGRAMS COORDINATOR (CONTINUED)

Page 4 of 4 ends

O
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Rosanna Bayon Moore, Assistant City Manager APPROVED BY:Cornelius H. Johnson, Interim City ManagerCHJ SUBJECT: Resolution Approving Amendment No. 6 to the Consulting Services Agreement between the City of Antioch and Voler Strategic Advisors and Authorizing the City Manager to Execute the Agreement

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution to:
1) Approve Amendment No. 6 to the Consulting Services Agreement between the City of Antioch and Voler Strategic Advisors, which extends the term of the Agreement for thirty-six months to May 15, 2025, and increases the value of the Agreement by $288,000 for a total amount not to exceed $544,000; and 2) Authorize the City Manager to execute Amendment No. 6 to the Consulting Services Agreement between the City of Antioch and Voler Strategic Advisors.

FISCAL IMPACT
Voler Strategic Advisorscost is $8,000 per month. This does not include the cost for any media advertising, buying and printing.

DISCUSSION
The City of Antioch solicited bids for Public Information and Communication Officer and was engaged for an initial period of six months. Five amendments to the original Antioch City Council.

The City continues to have a need for the above-referenced professional services. The City and Consultant desire to extend the term of services of the original Agreement by thirty-six months until May 15, 2025. The proposed action will increase the value of the Agreement by $288,000 for a total amount not to exceed $544,000.

Antioch City Council Report
May 24, 2022 Agenda Item O 2

ATTACHMENTS
A. Resolution
Exhibit A to Resolution Amendment No. 6 to the Consulting Services Agreement

ATTACHMENT A
RESOLUTION NO. 2022/

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AMENDMENT NO. 6 TO THE CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF ANTIOCH AND VOLER STRATEGIC ADVISORS AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on September 16, 2019, the City of Antioch and Voler Strategic Advisors entered a Consulting Services Agreement for public information and communication officer services (“Agreement”);

WHEREAS, on March 10, 2020, the City of Antioch and Voler Strategic Advisors executed Amendment No. 1 extending the term of services in the Agreement to September 15, 2020 and increasing the contract value by $48,000 for a total contract amount not to exceed $96,000;

WHEREAS, on September 16, 2020, City of Antioch and Voler Strategic Advisors executed Amendment No. 2 extending the term of the Agreement for 6 months to March 15, 2021 and increasing the contract value by $48,000 for a total amount not to exceed $144,000;

WHEREAS, on March 9, 2021, the City of Antioch City Council approved Amendment No. 3 extending the term of the Agreement for 2 months to May 15, 2021 and increasing the contract value by $16,000 for a total amount not to exceed $160,000;

WHEREAS, on May 11, 2021, the City of Antioch City Council approved Amendment No. 4 extending the term of the Agreement to November 15, 2021 and increasing the contract value by $48,000 for a total amount not to exceed $208,000;

WHEREAS, on November 23, 2021, the City of Antioch City Council approved Amendment No. 5 extending the term of the Agreement to May 15, 2021 and increasing the contract value by $48,000 for a total amount not to exceed $256,000; and

WHEREAS, the City continues to have a need for public information and communication officer services and the City and Consultant desire to extend the term of services of the original Agreement for thirty-six (36) months to November 15, 2025, increasing the contract value by $288,000 for a total amount not to exceed $544,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch does hereby:

1. Approve Amendment No. 6 (“Exhibit A”) to the Consulting Services Agreement between the City of Antioch and Voler Strategic Advisors, which extends the term of the Agreement for thirty-six (36) months to May 15, 2025 and increases the value of the Agreement by $288,000 for a total amount not to exceed $544,000.

2 2. Authorize the City Manager to execute Amendment No. 6 to the Consulting Services Agreement between the City of Antioch and Voler Strategic Advisors in substantially the form attached as “Exhibit A” subject to approval of form by the City Attorney.

* * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 10thday of May 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

EXHIBIT A

AMENDMENT NO. 6

CONSULTING SERVICES AGREEMENT
Between the City of Antioch and
Voler Strategic Advisors

THIS SIXTH AMENDMENT TO THE AGREEMENT FOR CONSULTANT
SERVICES is entered into and effective this ___day of May, 2022 by and between the CITY OF ANTIOCH, a municipal corporation (“City”) and VOLER STRATEGIC ADVISORS, their address is 1671 The Alameda, Suite 301 San Jose, CA 95126 (“Consultant”).

R E C I T A L S

WHEREAS, on September 16, 2019, the City of Antioch and Voler Strategic Advisors entered into a Consulting Services Agreement for public information and communication officer services;

WHEREAS, on March 10, 2020, the City of Antioch and Voler Strategic Advisors executed Amendment No. 1 to the Agreement extending the term of service to September 15, 2020 and increasing the total amount of the Agreement to $96,000;

WHEREAS, the City continues to have a need for public information and communication officer services and the City and Consultant desire to extend the term of services of the original Agreement for 36 months to May 15, 2022, increasing the contract value by $288,000 for a total amount not to exceed $544,000.

EXHIBIT A

NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:

1. Section 1.1 “Term of Services” shall be amended to read as follows:

The term of this Agreement shall begin on the date first noted above and shall end on May 15, 2025 and Consultant shall complete the work described in the Request for Proposal (“RFP”) prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

2. Section 2 “COMPENSATION” the first two paragraphs shall be amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed $8,000 per month, for a total contract amount not to exceed $544,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth below. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City, therefore, has no responsibility for such contributions beyond compensation required under this Agreement.

Except as modified herein, all other terms and conditions of the Consulting Services Agreement dated September 16, 2019 shall remain in full force and effect.

(all signatures are on the next page)

CITY OF ANTIOCH:

By:

Cornelius H. Johnson
Interim City Manager

ATTEST:

By:

Elizabeth Householder
City Clerk

APPROVED AS TO FORM:

By:

Thomas Lloyd Smith
City Attorney

VOLER STRATEGIC
ADVISORS:

By:

Rolando Bonilla
Chief Strategic Officer

By:

Perla Rodriguez
Chief Executive Officer

ATTACHMENT

RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE PURCHASE OF ELEVEN (11) POLICE VEHICLES AND

AUTHORIZING THE CITY MANAGER TO PURCHASE THE VEHICLES FROM

NATIONAL AUTO FLEET GROUP UTILIZING SOURCEWELL COOPERATIVE PURCHASING CONTRACT NO. 091521-NAF IN AN AMOUNT NOT TO EXCEED $523,141.10.

WHEREAS, leet Division annually assesses its inventory of vehicles and equipment in conjunction with the operational needs of each division and based on standard replacement criteria;

WHEREAS, Division maintains the
replacement of vehicles and equipment that are beyond their useful life, which is critical in managing costs and liability associated with an aging fleet;

WHEREAS, the City of Antioch received a quote from National Auto Fleet Group, a Sourcewell cooperative purchasing vendor with fair pricing for government agencies; and

WHEREAS, by utilizing Sourcewell Cooperative Purchasing Contract No. 091521-NAF, the City will be guaranteed a significant cost savings while maintaining the principles of fair and open competition in public procurement.

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

1) Approves the purchase of eleven (11) Police vehicles from National Auto Fleet Group for an amount not to exceed $523,141.10; and 2) Authorizes the City Manager or designee to execute the Sourcewell Cooperative Purchasing Contract No. 091521-NAF with National Auto Fleet Group for the purchase of the vehicles

* * * * * * * * * * * * *

RESOLUTION NO. 2022/**
May 24, 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 24th day of May 2022, 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 May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Proposed Ordinance Amending Ordinance 2207-C-S (Relating to the Sale, Possession, or Provision of Specified Products by Tobacco Retailers or Businesses) By Providing a Grace Period Prior to the Effective Date of Ordinance 2207-C-S

RECOMMENDED ACTION
It is recommended that the City Council introduce, waive the first reading, and read by title only the proposed ordinance (attached hereto as Attachment A) amending Ordinance 2207-C-S.

FISCAL IMPACT
The proposed action will have no effect on the City’s budget.

DISCUSSION
The proposed ordinance would modify the effective date of Ordinance 2207-C-S by adding a grace period until December 1, 2022.

At its March 8, 2022 meeting, the City Council adopted Ordinance 2207-C-S. This Ordinance took effect thirty days after its date of adoption. Ordinance 2207-C-S related to the sale, possession, provision of specified products by tobacco retailers and businesses (“Attachment B”). Recently, several tobacco retailers and businesses have indicated to the City that the implementation of Ordinance 2207-C-S within thirty days of its adoption creates a financial hardship for them by prohibiting them from selling inventory they have already purchased.

To minimize this hardship, the attached Ordinance would modify the effective date of Ordinance 2207-C-S by adding a grace period until December 1, 2022.

ATTACHMENT
A. Draft ordinance amending Ordinance 2207-C-S
B. Ordinance 2207 -C-S

ATTACHMENT A
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH MODIFYING ORDINANCE 2207-C-S (RELATING TO THE SALE, POSSESSION, OR

PROVISION OF SPECIFIED PRODUCTS BY TOBACCO RETAILERS OR

BUSINESSES) BY PROVIDING A GRACE PERIOD PRIOR TO THE EFFECTIVE DATE OF ORDINANCE 2207-C-S

The City Council of the City of Antioch does ordain as follows:

SECTION 1:

The City Council is committed to taking the steps necessary to provide a healthy, safe environment for all City residents. Towards that goal, the City is concerned about the adverse effect of cigarettes and related tobacco products on its residents, including minors.

SECTION 2:

Over the years, the City Council has adopted various ordinances relating to the use of tobacco to protect the health of its residents. Consistent with this goal, the Council took additional steps restricting certain types of tobacco and tobacco products in the City by adopting Ordinance 2207-C-S with a second reading on March 8, 2022.

SECTION 3:

Immediate implementation of Ordinance 2207-C-S could cause a temporary economic hardship for tobacco retailers and businesses which have already purchased inventory that would otherwise be prohibited by Ordinance 2207-C-S. Accordingly, the Council is willing to provide a reasonable grace period prior to the effective date of Ordinance 2207- C-S.

SECTION 4:

Section 8 of Ordinance 2207-C-S regarding that Ordinance’s effective date is hereby modified to state:

This ordinance shall take effect and be enforced on December 1, 2022 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.

SECTION 5: 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.

2 SECTION 6. CEQA.

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

SECTION 7:

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. * * * * * * * I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Antioch, held on the ____ of _____ 2022, and passed and adopted at a regular meeting thereof, held on the ____ day of _____ 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

6 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Introduction of Ordinance Forming the Public Safety and Community Resources Department

RECOMMENDED ACTION
It is recommended that the City Council introduce, waive the first reading, and read by title only an ordinance forming the Public Safety and Community Resources Department.

FISCAL IMPACT
The proposal for the Public Safety and Community Resources Department involves both existing and new staff positions. New staff positions may include the Public Safety and Community Resources Director, Public Safety Manager, Public Safety Coordinator, Youth Coordinator, Community Resource Specialists, Administrative Analysts, and an Executive Assistant. Existing positions moved into the new department include the Youth Services Network Manager, Unhoused Resident Coordinator, Environmental Resources Administrative Analyst, and CDBG & Housing Consultant. Community Resource Specialists are also expected to have dedicated City vehicles that can be used to perform their work within the City. The Public Safety and Community Resources Department will also require dedication and potential renovation of office space as well as purchase of furniture, supplies, and equipment.

The budget for the Public Safety and Community Resources Department is not under consideration at this meeting. The City Council will have the opportunity to consider the budget for new positions, office space, supplies, and equipment in its upcoming consideration of the fiscal year budget.

Antioch City Council Report
May 24, 2022 Agenda Item #6 2

DISCUSSION
The Public Safety and Community Resources Department Ad Hoc Committee, consisting of Councilmember Wilson and Councilmember Torres-Walker, met with the City Attorney, City Manager, and several department heads to develop a new ordinance to form the Public Safety and Community Resources Department. The ordinance includes information about the Department’s purpose, leadership, divisions, and personnel.

The Public Safety and Community Resources Department will be operated under the authority of the Director of Public Safety and Community Resources subject to the direction of the City Manager. The salary of the Public Safety and Community Resources Director will be as fixed from time to time by the Council.

The Director of Public Safety and Community Resources will be responsible for supervision of the Department’s divisions. The Department will include the following divisions: (1) Housing and Homelessness Division; (2) Violence Intervention and Prevention Division, (3) Youth Services Division; (4) Environmental Sustainability and Resilience Division; and (5) Community Engagement Division.

The Housing and Homelessness Division will provide housing services to the City’s low income and unhoused residents. The division will actively work with local school districts, county, state, and federal governments, housing providers, law enforcement and non- profit community-based organizations to develop policies and strategies to address the needs of persons experiencing homelessness or housing insecurity. The Housing and Homeless Division will work closely with the City’s Community Development Block Grant Unit, Environmental Sustainability and Resilience Division, and housing consultants in soliciting and identifying additional funding.

The Violence Intervention and Prevention Division will work to improve public health and safety by developing programs that resolve conflicts, interrupt violence, and achieve peace. The division will work with community leaders in various diverse neighborhoods throughout the City to achieve peace by implementing initiatives that provide community- based and trauma-informed services to residents with a focus on communities that are disproportionately impacted by violence. The division will apply for support from state and county grants and contract funding to design and implement initiatives that provide community-focused, and trauma-informed responses to public health and safety issues.

The division will also support and partner with community leaders, currently embedded in the various diverse neighborhoods throughout the City to make positive, proactive and reactive changes within the City.

The Youth Services Division will create equitable opportunities that uplift the value of youth voice and engage youth as influencing members of the City. The division will conduct youth-centered programs, events, and initiatives. Its activities will help youth build positive relationships, gain self-confidence, and meet their personal, educational, vocational, and life goals. The division’s programs will address incidental, emotional, and educational barriers that youth encounter. Programs will also build the capacity of youth to build positive relationships with their families and other positive role models in their lives. The division will collaborate with families, school districts, charter schools, non-profit Antioch City Council Report
May 24, 2022 Agenda Item #6 3
organizations, the police department, and faith-based communities. The Youth Services Division will be operated under the supervision of the Youth Services Network Manager, subject to the direction of the Public Safety and Community Resources Director.

The Environmental Sustainability and Resilience Division will manage the City’s sustainability programs, including water conservation, climate change and resilience, energy efficiency, pollution, and waste prevention. The division will advance partnerships for waste collection, recycling grants, the City’s Climate Action and Resilience Plan, and coordinate with other departments and partner agencies.

The Community Engagement Division will proactively engage with the community to address critical public health and safety issues through events, initiatives, public forums, and panel discussions. The division will link residents to resources that resolve community public health and safety issues. The division will collaborate with other divisions within the Public Safety and Community Resources Department on matters concerning housing and homelessness, violence intervention and prevention, youth services, environmental sustainability, and resilience. The division is dedicated to establishing meaningful and sustainable programs that promote diversity, equity, inclusion, and community pride by fostering a sense of belonging for every person.

ATTACHMENTS
A. Draft Ordinance

ATTACHMENT A
1 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING AND RESTATING ARTICLE 8 AND ADDING ARTICLE 9 TO CHAPTER 3 OF TITLE 2

OF THE ANTIOCH MUNICIPAL CODE CREATING THE PUBLIC SAFETY AND

COMMUNITY RESOURCES DEPARTMENT

WHEREAS, the City Council formed the Public Safety and Community Resources Ad Hoc Committee to work with City staff to research and make recommendations to the City Council on the potential formation of the Public Safety and Community Resources Department (the “Department”);

WHEREAS, the City Council directed the City Attorney to prepare an ordinance forming the Public Safety and Community Resources Department;

WHEREAS, Public Safety and Community Resources Department shall include divisions addressing housing and homelessness, violence intervention and prevention, youth services, environmental resources, and community engagement; and

WHEREAS, the Public Safety and Community Resources Department shall be led by the Public Safety and Community Resources Director whose duties shall include planning, directing, managing, and overseeing the activities and operations of the Department.

The City Council of the City of Antioch, California, hereby ordains as follows:

SECTION 4.Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 5.The table of contents for Chapter 3 of Title 2 of the Antioch Municipal Code is hereby amended and restated to add Articles 8 and 9 as follows:

CHAPTER 3: DEPARTMENTS
Section
Article 1: Community Development
[No change]
Article 2: Public Works
[No change]
Article 3: Department of Finance
[No change]

ATTACHMENT A
2 Article 4: [Reserved]
[No change]
Article 5: Department of Leisure Services
[No change]
Article 6: Legal Services
[No change]
Article 7: Information Systems
[No change]
Article 8: Public Safety and Community Resources Department 2-3.801 Created.
2-3.802 Operation.
2-3.803 Housing and Homelessness Division.
2-3.804 Violence Intervention and Prevention Division.
2-3.805 Youth Services Division.
2-3.806 Environmental Resources Division.
2-3.807 Community Engagement Division.

Article 9: Promulgation of Rules by Department Heads
2-3.901 Authorization.

SECTION 6.Articles 8 and 9 of Chapter 3 to Title 2 of the Antioch Municipal Code are hereby amended and restated to read as follows:

ARTICLE 8: Public Safety and Community Resources Department § 2-3.801 CREATED.

There is hereby created in the government of the City a Public Safety and Community Resources Department, which shall consist of the following functions:
(A) Housing and Homelessness
(B) Violence Intervention and Prevention
(C) Youth Services
(D) Environmental Sustainability and Resilience
(E) Community Engagement

ATTACHMENT A
3 § 2-3.802 OPERATION.

The Public Safety and Community Resources Department shall be operated under the authority of the Public Safety and Community Resources Director subject to the direction of the City Manager. The Public Safety and Community Resources Director shall be responsible for supervision of the department’s divisions. § 2-3.803 HOUSING AND HOMELESSNESS DIVISION.

The Housing and Homelessness Division shall provide housing services to the City’s low income and unhoused residents. The division shall actively work with local school districts, county, state, and federal governments, housing providers, law enforcement and non-profit community-based organizations to develop policies and strategies to address the needs of persons experiencing homelessness or housing insecurity. § 2-3.804 VIOLENCE INTERVENTION AND PREVENTION DIVISION.

The Violence Intervention and Prevention Division shall work to improve public health and safety by developing programs that resolve conflicts, interrupt violence, and achieve peace. The division shall work with community leaders in various diverse neighborhoods throughout the City to achieve peace by implementing initiatives that provide community-based and trauma-informed services to residents with a focus on communities that are disproportionately impacted by violence. § 2-3.805 YOUTH SERVICES DIVISION.

The Youth Services Division shall create equitable opportunities that uplift the value of youth voice and engage youth as influencing members of the City. The division shall conduct youth-centered programs, events, and initiatives. Its activities shall help youth build positive relationships, gain self-confidence, and meet their personal, educational, vocational, and life goals. The division’s programs shall address incidental, emotional, and educational barriers that youth encounter. Programs shall also build the capacity of youth to build positive relationships with their families and other positive role models in their lives. The division shall collaborate with families, school districts, charter schools, non-profit organizations, the police department, and faith-based communities. The Youth Services Division shall be operated under the supervision of the Youth Services Network Manager, subject to the direction of the Public Safety and Community Resources Director.

ATTACHMENT A
4 § 2-3.806 ENVIRONMENTAL SUSTAINABILITY AND RESILIENCE DIVISION.

The Environmental Sustainability and Resilience Division shall manage the City’s sustainability programs, including water conservation, climate change and resilience, energy efficiency, pollution, and waste prevention. The division shall advance partnerships for waste collection, recycling grants, the City’s Climate Action and Resilience Plan, and coordinate with other departments and partner agencies. § 2-3.807 COMMUNITY ENGAGEMENT DIVISION.

The Community Engagement Division shall proactively engage with the community to address critical public health and safety issues through events, initiatives, public forums, and panel discussions. The division shall link residents to resources that resolve community public health and safety issues. The division shall collaborate with other divisions within the Public Safety and Community Resources Department on matters concerning housing and homelessness, violence intervention and prevention, youth services, environmental sustainability, and resilience. The division is dedicated to establishing meaningful and sustainable programs that promote diversity, equity, inclusion, and community pride by fostering a sense of belonging for every person. § 2-3.808 OFFICERS AND EMPLOYEES.

The Public Safety and Community Resources Department shall consist of the Public Safety and Community Resources Director and such other employees with such titles and duties as may from time to time be fixed by resolution of the Council. § 2-3.809 DIRECTOR DUTIES.

The duties of the Public Safety and Community Resources Director shall include planning, directing, managing, and overseeing the activities and operations of the Public Safety and Community Resources Department including the Housing and Homelessness Division, the Violence Intervention and Prevention Division, the Youth Services Division, the Environmental Sustainability and Resilience Division, and the Community Engagement Division and such other duties as may be assigned by the City Manager.
§ 2-3.10 DIRECTOR SALARY.

The salary of the Public Safety and Community Resources Director shall be as fixed from time to time by the Council.

ARTICLE 9: PROMULGATION OF RULES BY DEPARTMENT HEADS
§ 2-3.901 AUTHORIZATION.

Each department head may prepare written rules and regulations for the conduct of his department. After approval by the City Manager, such rules and regulations shall be the policy of that department and shall be enforceable under the provisions of this code and the personnel rules. Such rules and regulations shall in no way conflict with the policies

ATTACHMENT A
5 of the Council or the provisions of this code, the personnel rules of the City, or state laws, and any such conflict shall be resolved in favor of said latter policies, rules, and laws.

SECTION 7. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. This Ordinance authorizes the City Council to create an Antioch Police Oversight Commission and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.

SECTION 8. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 9. Publication; Effective Date.This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.
* * * * *

ATTACHMENT A
6 I HEREBY CERTIFYthat the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch held on the ___ day of _________, 2022 and passed and adopted at a regular meeting thereof held on the ___ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________________
Lamar A. Thorpe, Mayor

ATTEST:

_________________________________
Elizabeth Householder, City Clerk

Antioch City Council Report
May 24, 2022 Agenda Item#7 2

FISCAL IMPACT
Each program option has an associated fiscal impact.

In an effort to achieve program compliance with a minimal impact on Antioch rate payers, options 1, 2 and 3 incorporate a City waiver of applicable franchise fees. The waiver of franchise fees is estimated as $350,000 to $600,000 less in potential City revenues.

In option 4, the franchise fee is reduced from 12% to 10% for residential service and is maintained at 12% for commercial service. Annual franchise fee revenues are estimated to increase over time only as it relates to Consumer Price Index (CPI) adjustments.

Should the Council adopt option 1 or 2 above, there will be additional costs borne by the City in the form of staff time and outreach efforts otherwise addressed by the hauler in options 3 and 4.

DISCUSSION
Background
Current legislation
Senate Bill (SB) 1383 was adopted in September 2016 and establishes statewide targets to reduce the amount of organic waste disposed of in landfills (50% reduction by 2020 and 75% by 2025). It also sets a goal to rescue at least 20% of currently disposed edible food by 2025 and redirect that food to people in need. https://calrecycle.ca.gov/organics/slcp/electedofficials/ From 2016-2020, the California Department of Resources, Recycling and Recovery (CalRecycle) worked to develop regulations to achieve the goals of SB 1383. These new regulations were finalized by CalRecycle in November 2020 and took effect in January 2022.

Per the regulations, the City must:

Provide organic waste collection to all residents and businesses Establish a food recovery program to recover edible food from the waste stream and redistribute it for consumption
Conduct outreach and education to all affected/relevant parties, waste generators, haulers, facilities, edible food recovery organizations, and City departments
Conduct Capacity Planning: evaluate the City’s readiness to implement SB 1383 Procure recycled organic waste products like compost, mulch, and renewable natural gas (RNG)
Inspect and enforce compliance with SB 1383
Maintain accurate and timely records of SB 1383 compliance Antioch City Council Report
May 24, 2022 Agenda Item#7 3
The primary goal of proposed rate scenarios is to provide organic waste collection to all residents and businesses and to ensure that that material is diverted from the landfill.

Currently, the residential green waste cart is for yard waste only and is used as Alternative Daily Cover (ADC) at Keller Canyon Landfill. As of January 1, 2020, use of this material as ADC is no longer considered recycling and is now counted as disposal under AB 1594. Additionally, SB 1383 requires the City to add food waste to our diversion programs, so our green cart contents need to be directed to a facility that can process both yard waste and food waste.

Franchise Agreement
The City of Antioch has had an exclusive waste and recycling hauling agreement with Pleasant Hill Bayshore Disposal (PHBD) since 1974. With ownership changes of PHDB over the years and regulatory changes by the state, the franchise agreement has been transferred and updated as needed. Our last major overall of the agreement was in 2010 when the franchise agreement was with Allied Waste. In 2008, Allied Waste and Republic Services merged and requested a 10-year contract extension, an annual rate adjustment methodology change and residential rate restructuring. Since then, they are now branded as Republic Services (Republic) and will be referred to thorough the reminder of this report as such. Republic offered an expanded commercial and residential programs, additional services to the City and payment of Community Impact Fees in their request. This extended the existing contract until July 31, 2025 and is the franchise agreement under which the City is currently operating. It is included as Attachment B to this staff report. Table 1 below outlines those changes. The commercial wet/dry option was never implemented, but Republic has been offering Commercial Organics Collection to all customers and has been working with their commercial customers to achieve compliance with the regulations related to SB 1826.

Table 1
2005 Agreement Current Agreement
Agreement Term July 31, 2015 July 31, 2025
Annual Rate
Adjustment
Residential rates can
increase annually by 60% of
CPI annual increase with a
5% max annual increase

Commercial rates can be
increased at 100% of CPI
annually.

Residential rate can
increase annually by 2% or
90% of CPI, whichever is
greater. 5% max annual
increase
Commercial rates can be
increased by 100% of CPI
or 2% whichever is
greater. 5% max annual
increase
Single-Family
Recycling
Bi-weekly collection –
64 gallon cart
Weekly collection –
64 gal cart
Materials added to
program: electronic waste,
Antioch City Council Report
May 24, 2022 Agenda Item#7 4
rigid plastics, hard cover
books
Single-Family On-
Call Service
2 garbage and 2 recycling on
call pickups per year for
additional material. For
larger items such as
mattresses or appliances a
fee applies
2 on call garbage
collections plus one large
item at no charge per year.
3 recycling/yardwaste on
call pickups per year
Batteries and compact
fluorescent light bulbs
added to on call program.

Reuse day drop off option
City Services Include roll-off bins
Earth Day Cleanup event
and APD’s monthly
Neighborhood Cleanup
Events to annual city
services
Collect recycling and
garbage from all City Parks
Manage Fulton Shipyard
Road Annex garbage and
recycling service
Collection of fluorescent
light bulbs from city
facilities at no charge
Assistance with
enforcement of §6-3.02,
mandatory garbage and
recycling service
Commercial
Recycling
Single stream (comingled) or
source separated recycling
service
Existing options, plus
wet/dry sort option at
regular garbage rates
Analysis
SB1383 compliance
The rate increase options for selection represent efforts to show progress towards compliance with SB 1383 while keeping the rates as low as possible for Antioch Antioch City Council Report
May 24, 2022 Agenda Item#7 5
residents and businesses. Due the multifaceted requirements of SB 1383, none of the rate proposal will result in full compliance. The first step was to update the Antioch Municipal Code, which Council approved in January of this year. Having mandatory organics service to all generators is the next major milestone in the process. The City’s goal is to continue to make substantial efforts to comply with SB 1383 and avoid issuance of a Notice of Violation (NOV) for as long as possible. This will delay the implementation of a Corrective Action Plan (CAP) so that the time period for the CAP will last beyond the City’s solicitation for a new franchise agreement. If the City Council were to not approve a rate structure so that an organics program can be implemented this summer, the State will issue a NOV to the City. An early NOV would fast track placement on a CAP now and present the challenge of achieving compliance prior to the bidding process for the new agreement. Detailed guidance on CalRecycle’s SB 1383 compliance process can be found in Attachment C of this report.

One other step that staff will be making to avoid the CAP mentioned above as well as a more aggressive a 3-6 month compliance plan, is to begin enforcement action for businesses without organics programs as required by AB 1826. Staff plans to address these by mailing notices of violation in the next month. That list of businesses is currently being finalized by staff at Republic Services. CalRecycle will be following up with staff in late June or early July to verify our progress on this issue.

While establishing the mandatory organics program and the rate structure to fund it are the primary objectives of this agenda item, Republic Services has also submitted possible rate structures to address other aspects of SB 1383 Compliance. In rate proposals #3 & 4, the cost for additional SB 1383 compliance is included. Generally speaking, both proposals address route auditing and extra outreach. Both proposals will be outlined further in the Rate options section below.

Rate options
It is the recommendation of staff that the City Council adopt rate structure 1 or 3 listed above. Option 1 provides rate payers with the lowest possible rate increase while the City works to implement SB 1383 in a way that delays Antioch’s placement on a Corrective Action Plan. Option 3 provides the highest opportunity for program success and SB 1383 implementation until a new Franchise Agreement in 2025 is in place.

Each of the 4 scenarios above have slightly different program offerings. All options include adding food waste to the residential green cart and directing the contents of those carts to a composting facility. Program details are broken out in Table 2, below and a detailed overview of each option follows. Cost overviews for Options 1-3 can be found in Attachment D. Also included in Attachment D are rate calculations for residential service for each option and a countywide comparison of the rate. The original proposal for Option 4 is included as Attachment E.

Antioch City Council Report
May 24, 2022 Agenda Item#7 6
Table 2: Rate option overview
Proposed rate
increases
Residential
% increase
Commercial
% increase
Residential
green cart
frequency
Route
Auditing
included
Additional
outreach
included
Franchise fees
collected on
rate increase
Added
program
features

1. Residential bi-
weekly compost,
existing
commercial
program 9.8 12.6 bi-weekly No no no

2. Residential
weekly compost,
existing
commercial
program 19.2 12.6 weekly No no no

3. Residential
weekly compost
and SB1383
assistance 20.1 13.9 weekly yes yes no

4. Extension 2028
with weekly
Residential
compost
collection and
SB1383
assistance 15.2 7.7 weekly yes yes
10% on
Residential,
12% on
Commercial
Yes, see
Attachment
E
Option 1: Biweekly residential organics collection
Option 1 converts the existing residential green waste cart (green cart) to an organics cart but keeps all other services the same. This option is the cheapest to our rate payers. It would be the easiest to implement as it only involves one additional truck and Republic should be able to implement immediately with the fleet on hand. Biweekly organics collection is not ideal and this would be a temporary solution until the new franchise agreement in 2025.

This option keeps the existing commercial organics program but there will be increased participation in the program as Republic and staff work to get all commercial accounts set up for service. Republic has been offering organics collection to those that are required to have it under SB 1826 since 2018. There has been no rate increase to cover this additional service. As we shift to requiring service for all generators, Republic is requesting a 12.6% increase to Commercial garbage and recycling rates to fold the organics costs into those rates.

Option 2: Weekly residential organics collection
Weekly residential organics is the desired collection frequency but comes at a much higher rate increase. The majority of the cost is related to the 3 additional trucks and drivers that are needed to go from biweekly to weekly collection. Collecting food waste weekly helps cut down on the potential for odors and by doing so increases participation Antioch City Council Report
May 24, 2022 Agenda Item#7 7
in the organics collection. The Commercial rate increase and program is the same for option 2 as it is for option 1.

Option 3: Weekly residential organics collection, Additional SB1383 assistance Option 3 has the collection frequency of Option 2 but with additional SB 1383 support.

Since the rate increase is nominal (.9% higher for Residential and 1.3% higher for commercial) in comparison to Option 2, should the Council wish to convert to weekly residential organics collection immediately, rather than wait until the new franchise agreement, staff recommends adopting Option 3.

The additional SB 1383 assistance Republic has included involves 2 additional full-time employees (FTE) and additional outreach funds. One FTE would be a residential route auditor, who would be responsible for conducting the route reviews that are required under SB 1383. This entails random visual inspection of cart contents for each collection route on an annual basis. The other FTE would be a 2ndCommercial Recycling Coordinator who would assist businesses with implementing the required programs in addition to the route audits required.

Option 4: Extension of Franchise Agreement to 2028
While staff is not in favor of extending the current franchise agreement, Republic has requested that the option be put forward to City Council. Option 4 includes all the program changes and SB 1383 implementation included in Option #3, but the rate increase is discounted to reflect the value Republic Services places on extending the contract for an additional 3.5 years to Dec 31, 2028. Additionally, this includes reducing the franchise fee for residential service revenue from 12% to 10% and keeping franchise fees collected on commercial customers at the current 12%.

Republic’s full proposal can be found in the December 16, 2021 SB 1383 Contract Proposal (Attachment E) as SB1383 Compliant Proposal. The rate increase options before contained in this report vary slightly from that initial proposal, however the program offering does not. In Attachment E, the rate increase is a flat increase across all customer types. Staff asked for Republic to break out the cost so that each customer type is baring the cost of the service provided. In the original rate increase request, Commercial customers would have been covering some of the costs related to residential service. In an effort to still keep residential rates as low as possible, Republic is suggesting that the City collect less in franchise fees for related to revenue collected from residential customers. This would entail changing our franchise fee to 10% for residential revenue and keeping it at 12% for commercial.

Antioch City Council Report
May 24, 2022 Agenda Item#7 8

ATTACHMENTS
A. Resolution
B. Current Franchise Agreement
C. CalRecycle compliance process guidance document
D. Cost proposals and rate analysis spreadsheets

1. Biweekly Residential Costs

2. Weekly Residential Costs

3. Commercial Costs options

4. Residential Rate Scenarios

5. Residential Rate options comparison to other jurisdictions E. December 16, 2021 SB1383 Contract Proposal
F. Presentation Slides

RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING

THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH REPUBLIC

SERVICES FOR COLLECTION OF ORGANICS MATERIAL AS REQUIRED BY SENATE BILL 1383

WHEREAS, the City and Republic Services, DBA Allied Waste Systems did, on March 25, 2010, enter into an Exclusive Franchise Agreement for the collection of refuse, and recycling materials in the City;

WHEREAS, the City of Antioch requested and subsequently received a proposal from Republic Services to redirect green waste from use as Alternative Daily Cover to a composting facility and to add food waste to the existing green waste collection services, thus converting it to an organics collection;

WHEREAS, the City Council held a public hearing on this matter on May 24, 2022; and

WHEREAS, amendment of a franchise agreement is not a “project” as defined by the CEQA Guidelines as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Antioch hereby adopts and authorizes the following:

1. Authorizes the City Manager to enter into an agreement with Republic Services with a maximum rate increase of XX% for Residential Service and XX% for Commercial Service to implement the organics collection program options which correspond with that rate increase in order work towards compliance with SB1383 in a form approved by the City Attorney.

* * * * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 24thday of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:
___________________________________
Elizabeth Householder
City Clerk of the City of Antioch

ATTACHMENT A
A1
Amended and Restated Agreement for Collection Services

1 2
3 4
5 6
7 8
9 10
11 12
Amended and Restated Agreement for Collection Services 13 14 15
16 City of Antioch 17
and Allied Waste Systems, Inc. 18
A Delaware Corporation 19
Dba, Allied Waste Services of Contra Costa County, Inc. 20 21 22
March 25, 201023
24 25
26 27
28 29
30 3132

ATTACHMENT B
B1
Amended and Restated Agreement for Collection Services

TABLE OF CONTENTS 33
34

Page 35 ends

36 ARTICLE 1. Definitions ..................................................................................................... 237 38 ARTICLE 2. Exclusive Agreement ...................................................................................739

2.01 Exclusive Agreement ......................................................................................740 .................................................................741

2.03 Contractor Warranties ...................................................................................742

2.04 Conditions to Effectiveness of Agreement ....................................................843

2.05 Limitations to Scope .......................................................................................944 45 ARTICLE 3. Term of Agreement......................................................................................1046

3.01 Term .................................................................................................................1047

3.02 Additional Services .........................................................................................1048

3.03 Defense Agreement .........................................................................................1049

3.04 Disposal or Processing of Collected Materials .............................................1050

3.05 Status of Transfer Station ..............................................................................1151

3.06 Status of Disposal Site .....................................................................................1152

3.07 Closure of Disposal Site ..................................................................................1153

3.08 Prior Agreement Superseded .........................................................................1254 55 ARTICLE 4. Services Provided by the Contractor .........................................................1356

4.01 Collection, Recycling and Education Services and Programs ....................1357

4.02 City Right to Direct Changes ........................................................................1358

4.03 Responsibility for Service Billing and Collection .........................................1459

4.04 Service to City Facilities .................................................................................1460

4.05 Service Standards............................................................................................1461

4.06 Labor and Equipment ....................................................................................1462

4.07 Purchase, Distribution and Ownership of Carts ..........................................1563

4.08 Holiday Service................................................................................................1564

4.09 Spillage and Litter...........................................................................................1565

4.10 Ownership of Materials ..................................................................................1566

4.11 Special Collecting Services .............................................................................1667

4.12 Regularly Scheduled and Temporary Bins...................................................1668

4.13 Noise ................................................................................................................1669

4.14 Property Damage ............................................................................................1670

4.15 Litter and Debris pickup for 71

4.1672
73 ARTICLE 5. Rates, Charges and Contractor Compensation .........................................1874

5.01 Charges and Rates ..........................................................................................1875

5.02 Collection Services .........................................................................................1876

5.03 Partial Month Service .....................................................................................1877

5.04 General Billing Requirements .......................................................................1878

5.05 City Audit of Billings ......................................................................................1979

5.06 Adjustments to Service Rate ..........................................................................1980

5.07 Significantly Changed Circumstances ..........................................................2081 B2
Amended and Restated Agreement for Collection Services

82 ARTICLE 6. City Compensation and Other Fees ..........................................................2183

6.01 City Compensation .........................................................................................2184 85 6.03 Other Fees ........................................................................................................2186 87 ARTICLE 7. Single Family Dwelling Collection Services ..............................................2288

7.01 Single Family Dwellings (SFD) Collection Services: General ....................2289

7.02 On-Premises Service .......................................................................................2290

7.03 Frequency and Scheduling of Service ...........................................................2291

7.04 SFD Solid Waste Collection Service ..............................................................2292

7.05 SFD Recycling Service ...................................................................................2293

7.06 Green Waste Collection Service ...................................................................2394

7.07 Change in Collection Schedule .....................................................................2395

7.08 SFD Bulky Waste Collection Service ............................................................2396

7.09 On-Call Recycle Cleanups ..............................................................................2397

7.10 Holiday Tree Collection Service ....................................................................2498 99 ARTICLE 8. Multiple Family Dwelling Collection Services ..........................................25100

8.01 Multiple Family Dwelling (MFD) Collection Services: General.................25101

8.02 MFD Solid Waste Collection Service ............................................................25102

8.03 MFD Recycling Service ..................................................................................25103

8.04 MFD On Call Waste Collection Service........................................................26104

8.05 On Call Recycle Cleanups ..............................................................................26105

8.06 Holiday Tree Collection Service ....................................................................26106 107
ARTICLE 9. Commercial Collection Service ..................................................................27108

9.01 Commercial Collection Service: General.....................................................27109

9.02 Commercial Solid Waste Collection Service ................................................27110

9.03 Commercial Recycling Service ......................................................................28111 112
113
...................29114

10.01 Con .......................................................................................29115 .................................................................................29116

10.03 Collection Equipment ...................................................................................30117 118
ARTICLE 11. Record Keeping and Reporting Requirements .......................................32119

11.01 Records, Reports and Compilations ............................................................32120

11.02 Record Retention ..........................................................................................33121

11.03 Additional Reporting ....................................................................................34122

11.04 Solid Waste Records .....................................................................................34123

11.05 CERCLA Disposal Records .........................................................................34124 125
ARTICLE 12. Service Inquiries, Complaints and Quality of Service ...........................36126

12.01 Service Inquiries and Complaints ...............................................................36127

12.02 Quality of Service ..........................................................................................36128

12.03 City Cost Recovery .......................................................................................39129

12.04 Performance Review .....................................................................................39130 B3
Amended and Restated Agreement for Collection Services

131
ARTICLE 13. Performance Bond; Insurance; Indemnification ....................................41132

13.01 Performance Bond ........................................................................................41133

13.02 Insurance .......................................................................................................41134

13.03 Indemnification .............................................................................................43135 136
ARTICLE 14. Default and Remedies ...............................................................................46137

14.01 Events of Default ...........................................................................................46138

14.02 Right to Terminate Upon Default ................................................................47139

14.03 Effective Date ................................................................................................48140

14.04 Termination Cumulative ..............................................................................48141

14.05 Excuse from Performance ............................................................................48142

14.06 Assurance of Performance ...........................................................................48143

14.07 City Remedies for Contractor Default ........................................................49144

14.08 City Right to Perform Service .....................................................................49145 146
ARTICLE 15. Modifications to the Agreement ...............................................................50147

15.01 Modifications .................................................................................................50148

15.02 Change in Law...............................................................................................50149

15.03 Amendments ..................................................................................................50150 151
ARTICLE 16. Miscellaneous Provisions...........................................................................51152

16.01 New Services and Container Inventory ......................................................51153

16.02 Report of Accumulation of Solid Waste......................................................51154

16.03 Emergency Services ......................................................................................51155

16.04 Load Inspection Program.............................................................................51156

16.05 Independent Contractor ...............................................................................52157

16.06 Laws to Govern .............................................................................................52158

16.07 Consent to Jurisdiction .................................................................................52159

16.08 Assignment.....................................................................................................52160

16.09 Nondiscrimination ........................................................................................52161

16.10 Compliance with Laws .................................................................................53162

16.11 Permits and Licenses ....................................................................................53163

16.12 Point of Contact.............................................................................................53164

16.13 Notices ............................................................................................................53165

16.14 Entire Agreement ..........................................................................................54166

16.15 Severability ...................................................................................................54167

16.16 Right to Require Performance .....................................................................54168

16.17 Headings.........................................................................................................54169

16.18 Exhibits ..........................................................................................................54170 .....................................................54171

16.20 Authority to Execute .....................................................................................54172

16.21 Effective Date ................................................................................................55173 Exhibit A Service Specifications 174
Exhibit B Schedule of Maximum Rates Contractor Can Impose 175 Exhibit C Schedule of Commercial and Multifamily Maximum Garbage Rates 176 Exhibit D City Services and Special Collection Services 177 Exhibit E Service Specifications: Right of Way Cleaning Areas 178 Exhibit F Corporate Guarantee 179
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Amended and Restated Agreement for Collection Services
1 Amended and Restated Agreement For Collection Services 180 181
This Amended and Restated Agreement is entered into and effective, __________2010 between 182 the City of Antioch, a municipal corporation of the State of California (City), and Allied Waste 183 Systems, Inc. A Delaware Corporation (Contractor), Dba CONTRACTOR Allied Waste 184 Services of Contra Costa County and amends and restates the Agreement For Collection Services 185 dated September 2, 2005. 186
This Agreement is based on the following facts: 187
A. The Legislature of the State of California, by enactment of the California Integrated 188 Waste Management Act of 1989 (AB 939) and subsequent additions and amendments (codified 189 as Public Resources Code Section 40000 et seq.), has declared that it is within the public interest 190 to authorize and require local agencies to make adequate provisions for Solid waste collection 191 within their jurisdictions 192
B.193
collection, removal and disposal of Solid waste under a franchise agreement dated July 8, 1988 194 that was extended from August 1, 2010 to July 31, 2015 pursuant to an Agreement For 195 Collection Services dated September 2, 2005. In exchange, Contractor provided expanded 196 197
C. Customers in the City are generally very satisfied with the services that they receive from 198 the Contractor and continuing with the Contractor minimizes or avoids the risk of service 199 disruptions that may come with a transition to a new company. 200 D. Contractor has requested an extension of that agreement from August 1, 2015 to July 31, 201 2025_. In exchange, Contractor proposes to expand garbage and recycling services at all City 202 parks and facilities; increase special event garbage collection services; expand residential 203 recycling services; enhance commercial recycling; provide a program to collect household 204 batteries and compact fluorescent light bulbs; provide additional clean-up days for residential 205 customers; and pay a Community Impact Fee of One Million Dollars to the City. 206 E. The City has undertaken negotiations with the Contractor to develop this Agreement; the 207 negotiations have resulted in a satisfactory result; the Contractor agrees to and acknowledges that 208 it shall collect, transfer, transport, process and dispose of all Solid waste collected in the City 209 area and the City is not instructing the Contractor how to collect or where to dispose of Solid 210 waste, including Recyclable materials and Green waste; and this Agreement reflects the results 211 of the negotiations and is satisfactory to the parties. 212 213
Now, therefore, the parties agree as follows: 214
215
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Amended and Restated Agreement for Collection Services
2 Article 1. Definitions 216

1.01 Definitions. For the purpose of this Agreement, the definitions contained in this Article 217 apply unless otherwise specifically stated. If a word or phrase is not defined in this Article, the 218 219
of the Antioch Municipal Code shall control. When not inconsistent with the context, words used 220 in the present tense include the future, words in the plural include the singular, and words in the 221 singular include the plural. Use of the masculine gender includes the feminine gender. 222 Agreement means this franchise agreement (dated as as of the first date on page 1 of the 223 Agreement, including all exhibits and attachments, and any amendments thereto) between the 224 City and the Contractor for collection, transfer, transportation and disposal of Solid waste and 225 other services related to reliable Solid waste collection. 226 Americans with Disabilities Act (ADA) means 42 United States Code 12101-12213 and 27 227 United States Code 225 and 611 and all federal rules and regulations relating to it. 228 Bin means a container with capacity of one to eight cubic yards, with hinged lid and wheels/no 229 wheels serviced by a front end-loading truck. 230
Bulky waste or bulky items means discarded large household appliances such as washers and 231 dryers, dishwashers and other appliance without Freon (white goods), e-waste, furniture, tires, 232 carpets, mattresses and similar large items which require special handling due to their size, but 233 can be collected without special loading equipment (such as forklifts or cranes) and without 234 violating vehicle load limits. It does not include abandoned vehicles or household hazardous 235 waste (except for e-waste).236
California Integrated Waste Management Act of 1989 or AB 939 means California Public 237 Resources Code Section 40000 and following, and subsequent amendments to it. 238 Cart means a container with a hinged lid and wheels serviced by an automated or semi-239 automated loading truck with varying capacities of approximate 20 to 100 gallons. 240 City Managermeans the City Manager of Antioch or his or her designee. 241 Collection, collect and collection servicesmeans the collection of: 242 (a) Solid waste and its transportation to a transfer station or landfill; 243 (b) Recyclable material and its transportation to a processing or materials recovery facility; 244 and245
(c) Green waste and its transportation to a processing facility or landfill. 246 Commercial means a primarily non-residential use, including retail sales; professional services; 247 wholesale operations; manufacturing and industrial operations; healthcare and educational 248 operations; and institutional, governmental and non-profit uses. It does not include a business 249 conducted in a residence with a home occupation use permit. 250 Commercially generated Recyclable materials means Recyclable material generated at 251 commercial property and separated by the generator for collection in a manner different from 252 Solid waste.253
Commingled recyclables or mixed recyclables means more than one type of Recyclable 254 material in a bin, cart, drop box, compactor or other type of container that is separated from Solid 255 B6
Amended and Restated Agreement for Collection Services
3 waste. This material includes, but is not limited to, wood, paper, plastic, metals, glass, and other 256 dry waste. Commingled recyclables excludes Mixed waste or Contaminated recyclables. 257 Compactor means a mechanical apparatus that compresses materials. 258 Compost means the product resulting from the controlled decomposition of organic wastes, 259 including Green waste, wood waste and food waste which are not hazardous wastes. 260 Construction and demolition debris means wood, wallboard, metals, glass, paper, plastic, 261 concrete, and other recyclable and non-recyclable Solid wastes, including Mixed waste, 262 generated by residential, commercial and industrial demolition, remodeling, and construction 263 activities. (See Article II of Chapter 3 of Title 6 of the Antioch Municipal Code) 264 Container means an approved container used for the disposal and storage until collection of 265 Solid waste, Green waste or Recyclable material. It includes a cart, bin, or drop box (or roll-off 266 box, debris box). 267
Contractor means a company that has entered into a franchise agreement with the City for the 268 collection of Solid waste, Green waste and/or Recyclable materials, under Chapter 3 of Title 6 of 269 the Antioch Municipal Code. 270
Disposal means the ultimate disposition of Solid waste collected by Contractor at a landfill in 271 full regulatory compliance or other fully permitted disposal site. Disposal does not include 272 alternative daily cover (ADC) to the extent state law defines ADC as landfill diversion for the 273 purposes of AB 939. 274
Diversion requirement means the diversion of 50% or more of the Solid waste and recyclables 275 disposed of in the city, as required by AB 939 and any subsequent actions. 276 Drop Box means an open-top container with a capacity of eight to fifty cubic yards that is 277 serviced by a roll- ty of four to 278
six cubic yards generally used by customers on a temporary basis. 279 Environmental lawsmean all federal and state statutes and Contra Costa County ordinances and 280 regulations concerning public health, safety and the environment, including amendments to 281 them. These include (by way of example and not limitation): 282 the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 283 42 U.S.C. §9601 et seq; 284
the Resource Conservation and Recovery Act, 42 U.S.C. §69012 et seq.; 285 the federal Clean Water Act, 33 U.S.C. §1251 et seq.; 286 the Toxic Substances Control Act, 29 U.S.C. §1 601 et seq.; 287 the Occupational Safety and Health Act, 29 U.S.C. §651 et seq.; 288 the California Hazardous Waste Control Act, California Health and Safety Code §25100 289 et seq.; 290
the California Toxic Substances Account Act, California Health and Safety Code §25300 291 et seq.; 292
the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; 293 the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code 294 §25249.5 et seq. 295
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Amended and Restated Agreement for Collection Services
4 E-waste or electronic waste means discarded electronic equipment such as stereos, radios, 296 speakers, televisions, computers, monitors, VCRs, printers, copiers, facsimile machines, DVDs, 297 microwaves, telephones and similar items (including cathode ray tubes and other universal 298 waste which may require special handling). 299
Exempt waste means those wastes, including hazardous waste and infectious waste, included 300 within the exemptions set forth in Antioch Municipal Code Section section 6-3.01.301 Food waste means food scraps separated from Solid waste and offered for collection by the 302 Contractor, that will decompose and/or putrefy including (i) all kitchen and table food waste, and 303 animal or vegetable waste that attends or results from the storage, preparation, cooking or 304 handling of food stuffs, and (ii) paper waste contaminated with food waste or otherwise not 305 accepted pursuant to the service specifications. 306
Garbage. See Solid waste. 307
Green waste means organic material from trees, shrubs, grass and other vegetation. Trees may 308 not be more than six inches in diameter. Green waste does not include plastic bags, bricks, 309 rocks, gravel, large quantities of dirt, concrete, sod, non-organic wastes, loose fruits and 310 vegetables, tree trunks, stumps, palm fronds, branches more than six inches in diameter or three 311 feet in length, or pet waste. 312
Hazardous waste means all substances defined as hazardous waste, acutely hazardous waste, or 313 extremely hazardous waste by the State of California in Health and Safety Code §25110.02, 314 §25115, and §25117 or in the future amendments to or recodifications of such statutes or 315 identified and listed as hazardous waste by the United States Environmental Protection Agency, 316 pursuant to the Federal Resource Conservation and Recovery Act (42 USC §6901 et seq.), and 317 all future amendments thereto. However, for the purposes of this Agreement, hazardous waste 318 shall not mean household hazardous waste which may be contained in Solid waste provided that 319 the City is in compliance with federal, state and local laws related to the diversion of household 320 hazardous waste. 321
Household hazardous waste means hazardous waste generated at residential sites in the City, 322 including normal residential amounts of household chemicals, pesticides, motor oil, paint, 323 products containing mercury, e-waste categorized as universal waste (such as television tubes or 324 monitors), anti-freeze, and lead-acid batteries. 325
Landfill means a permitted disposal site which accepts Solid waste. 326 Litter means any quantity of improperly discarded waste materials, including paper, metal, 327 plastic, glass or other miscellaneous Solid waste thrown or deposited in the public right-of-way, 328 public property or water.329
Materials recovery facility (MRF) means a permitted facility where Solid waste or Recyclable 330 material is sorted or separated for recycling, reuse or processing. 331 Medical waste or Infectious waste means waste which may cause disease or reasonably be 332 suspected of harboring pathogenic organisms, including waste resulting from medical clinics, 333 dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, 334 veterinary facilities, hospitals, and similar facilities processing wastes which may include human 335 or animal parts, contaminated bandages, pathological specimens, hypodermic needles, sharps, 336 contaminated clothing and surgical gloves. (Reference: 17 Cal. Adm. Code 314(d); Health and 337 Safety Code Sections 118215 and 25015 et seq., especially 25117.5). 338 B8
Amended and Restated Agreement for Collection Services
5 Mixed waste or Contaminated recyclables means combined Recyclable materials and non-339 Recyclable materials. 340
Multi-family residential means residential premises having multiple residences, which have 341 centralized Solid waste services. In this Agreement, premises may be classified as residential 342 (with individual billing for each residence) or multi-family residential (with a single billing for 343 each complex or group of units). 344
Premisesmean any land or building in the City where Solid waste is generated or accumulated. 345 Processing facility means a facility to which residential Green waste, food waste or Recyclable 346 material is brought to be processed (into compost, mulch, or soil amendment), separated, 347 recycled or reused. 348
Recyclable materials means and includes glass, paper, cardboard, wood, concrete, plastic, used 349 motor oil & filters, ferrous and non-ferrous metal, aluminum, and any other waste materials that 350 are capable of being recycled. The terms recycle, recycled and recycling each mean and refer to 351 the process of collecting, sorting, cleansing, treating, reconstituting and/or selling recycling 352 materials, and returning them to the use in the economy. It includes construction and demolition 353 debris, including asphalt and concrete. (See regulations regarding management plan for 354 construction and demolition debris at Article II of Chapter 3 of Title 6 of the Antioch Municipal 355 Code) 356
Recycling center means a facility established and licensed for the collection of Recyclable 357 materials, including but not limited to buy-back centers or drop-off locations, which are 358 supplemental to the curbside recycling program operated by Contractor.359 Refuse.See Solid waste. 360
Residence or dwelling unit means an individual living unit having bathroom and kitchen 361 facilities in a single-family (SFD) or a multi-family (MFD) building. (See also multi-family 362 residential.) It does not include a hotel or motel or an institutional facility. 363 Rubbish. See Solid waste. 364
Salvage means the authorized and controlled accumulation of Solid waste materials for 365 subsequent use. 366
Service specifications means the detailed operational description and other data that are 367 contained in Exhibit A and that provide the baseline used by the City to measure the success of 368 specific programs described in this Agreement. 369
Solid waste and waste each mean all putrescible and non putrescible solid, semi-solid, and liquid 370 wastes, including Garbage, trash, Refuse, paper, Rubbish, ashes, commercial and industrial 371 wastes, Green waste, Construction and demolition debris, abandoned vehicles and parts thereof, 372 discarded home and industrial appliances, vegetable or animal solid and semi-solid wastes, and 373 other discarded solid and semi-solid wastes. Solid waste and waste include Recyclable materials 374 that are discarded by the generators of such materials and Mixed waste which include both 375 recyclable and non-recyclable materials. Solid waste and waste does not include any of the 376 following wastes: (1) hazardous waste, as defined in Public Resources Code Section 40141; (2) 377 radioactive waste; and (3) medical waste regulated pursuant to the Medical Waste Management 378 Act. It includes all Recyclable materials that are discarded by the generator, and Mixed waste. 379 Solid waste does not include exempt waste, as defined above. 380 381
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Amended and Restated Agreement for Collection Services
6 Refuse means garbage and rubbish. It does not include Green waste or Recyclable 382 material that has been separated out for recycling, recovery or reuse. 383 Rubbish means non-putrescible Solid wastes such as ashes, paper, cardboard, tin cans, 384 yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.385 Source separated signated 386
for separate collection for recycling, recovery or reuse. 387 Transfer station means a facility used to receive Solid wastes, temporarily store or process the 388 materials in the Solid wastes, or to transfer the Solid wastes directly from smaller to larger 389 vehicles for transport. 390
Universal wastes are hazardous wastes that are more common and pose a lower risk to people 391 and the environment than other hazardous wastes. (see California Code of Regulations, Div. 4.5, 392 chapter 23.) They include, for example; mercury thermostats, switches and thermometers; 393 batteries; fluorescent and high-intensity lamps; non-empty aerosol cans; certain consumer 394 electronic devices; and cathode ray tubes such as those found in television and non-flat monitors. 395 Waste generator or generator means the person who produces the Solid waste, Recyclable 396 material or Green waste, or whose act first causes the Solid waste to become subject to 397 regulation. (Public Resources Code §§40170, 40191) 398 White goods means inoperative or discarded refrigerators, ranges, water heaters, freezers, 399 washers, dryers, and other similar large household appliances. (See also, bulky items.) 400 401
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Amended and Restated Agreement for Collection Services
7 Article 2. Exclusive Agreement 402

2.01 Exclusive Agreement. The Contractor is granted an exclusive right to provide collection 403 processing and disposal services within the City for Solid waste, Recyclable materials and Green 404 waste for single family residential, multifamily residential, commercial and industrial premises 405 except for exempt wastes, self-hauling if permitted by the City following consultation with 406 contractor regarding reasonable regulations, or as otherwise limited by this Agreement or by law. 407 This Agreement is based on the statutory and constitutional powers provided to the City 408 effectuated through the contractual terms of this Agreement. Contractor accepts this right and 409 privilege and contractually agrees to perform according to the terms, benefits and obligations 410 provided for herein. 411
412
413

2.02 Generators may dispose of Recyclable materials, 414 Green waste and bulky items by lawful means as provided for inChapter 3 of Title 6 of the 415 Antioch Municipal Code, including but not limited to, taking Recyclable materials, Green waste 416 or bulky items directly to drop-off facilities and donating or selling such items to private or 417 public entities. 418
419

2.03 Contractor Warranties. In signing this Agreement, Contractor warrants that to the best 420 of its knowledge the following is true and accurate: 421 a. Contractor Resources. Contractor possesses the business, professional, and technical 422 expertise to collect, transport, process, and transfer the Solid waste and Recyclable material 423 generated in the City; and Contractor possesses the equipment, facility, and employee resources 424 required to perform the services specified in this Agreement. 425 b. Agreement Will Not Cause Breach. To the best 426
reasonable investigation, neither the execution or delivery of this Agreement nor the 427 performance by Contractor of its obligations hereunder: (i) conflicts with, violates, or results in a 428 breach of any law or governmental regulation applicable to Contractor; or (ii) conflicts with, 429 violates or results in a breach of any term or condition of any judgment, order, or decree of any 430 court, administrative agency or other governmental authority, or any agreement or instrument to 431 which Contractor is a party or by which Contractor or any of its properties or assets are bound, or 432 constitutes a default thereunder. 433
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Amended and Restated Agreement for Collection Services
8 c. No Adverse Judicial Decisions434
reasonable investigation, there is no judicial decision that affects the validity of this 435 Agreement and may subject this Agreement to legal challenge. 436 d. No Legal Prohibition437
investigation, there is no applicable law in effect on the date Contractor signed this 438 Agreement that would prohibit the performance by the Contractor of its obligations under 439 this Agreement and the transactions contemplated hereby. 440 e. . Contractor has made an independent investigation 441 (satisfactory to it) of the conditions and circumstances surrounding the Agreement and 442 the work to be performed hereunder and has taken these matters into consideration in its 443 agreement to provide these services in exchange for the compensation provided for under 444 the terms of this Agreement. 445
f. Contractor Status. Contractor is duly organized, validly existing and in good 446 standing under the laws of the State of California. It is qualified to transact business in 447 the State of California and has the power to own its properties and to carry on its business 448 as now owned and operated and as required by this Agreement. 449 g. Contractor Authorization. Contractor has the authority to enter into and perform 450 its obligations under this Agreement. The board of directors of Contractor (or the 451 shareholders, if necessary) have taken all actions required by law, its articles of 452 incorporation, its bylaws or otherwise to authorize the execution of this Agreement. The 453 persons signing this Agreement on behalf of Contractor represent and warrant that they 454 have authority to do so. This Agreement constitutes the legal, valid and binding 455 obligation of the Contractor. 456
h. . The information supplied 457
by Contractor in all written submittals mad458
459
the negotiation and execution of this Agreement, and all written representations and 460 warranties made by Contractor throughout this Agreement are true, accurate, correct, and 461 complete in all material respects on and as of the effective date of this Agreement. 462 i. No Litigation463
investigation, there is no action, suit, proceeding or investigation, at law or in equity, 464 before or by any court or governmental authority, commission, board, agency or 465 instrumentality decided, pending or threatened against Contractor wherein an unfavorable 466 decision, ruling or finding, in any single case or in the aggregate, would materially 467 adversely affect the performance by Contractor of its obligations hereunder or which, in 468 any way, would adversely affect the validity or enforceability of this Agreement or which 469 would have a material adverse effect on the financial condition of Contractor, or any 470 471

2.04 Conditions to Effectiveness of Agreement. The obligation of the City to permit this 472 Agreement to become effective and to perform its undertakings provided for in this Agreement is 473 subject to the satisfaction of each of the conditions set out below, each of which may be waived 474 in whole or in part by the City. 475
a. Accuracy of Representations. Representations and warranties made by Contractor 476 in Section 2.03 and throughout this Agreement are accurate, true and correct on and as of 477 the effective date of this Agreement. 478
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Amended and Restated Agreement for Collection Services
9 b. Absence of Litigation. There is no litigation pending or threatened in any court 479 challenging the award of this Agreement to the Contractor or the execution of this 480 Agreement or seeking to restrain or enjoin its performance as of the effective date of this 481 Agreement. 482
c. Furnishing of Insurance and Financial Assurances. Contractor has furnished 483 satisfactory evidence of the insurance and the financial assurances required by Article 13 484 of this Agreement. 485
d.486
approving this Agreement shall, pursuant to California law providing that such a 487 resolution is subject to referendum for 30 days following approval, shall become fully 488 effective prior to the effective date of this Agreement. 489 e. Corporate Guarantee. On or before the date of signature of this Agreement the 490 Contractor shall provide a guarantee or other assurance acceptable to the City from 491 492
guaranteeing or assuring performance under this Agreement by the Contractor. The 493 guarantee will be incorporated into this Agreement as Exhibit D. 494

2.05 Limitations to Scope. This grant to the Contractor of an exclusive agreement, right and 495 privilege to collect, transfer, transport, process and dispose of Solid waste, including Green 496 waste and Recyclable materials, shall be interpreted to be consistent with state and federal laws, 497 now and during the term of the Agreement, and the services provided hereunder shall be limited 498 by applicable state and federal laws, regulations or judicial decisions or orders with regard to the 499 matters contained in this Agreement. If future interpretations of applicable state and federal laws, 500 regulations or judicial decisions or orders limit the ability of the City to lawfully provide for the 501 scope of agreement as specifically set forth herein, in 502 Contractor agrees that the scope and extent of the Agreement will be limited to those services 503 which may be lawfully provided for under this Agreement, and that the City shall not be 504 responsible for any lost profits claimed by the Contractor arising out of further limitations of the 505 scope or extent of services of the Agreement set forth herein. In such an event, it shall be the 506 responsibility of the Contractor to minimize the financial impact to those remaining services 507 being provided as much as possible. This includes but is not limited to a City decision to allow 508 self-hauling in regulated situations.509
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Amended and Restated Agreement for Collection Services
10 Article 3. Term of Agreement 510

3.01 Term. The term of this Agreement shall be for a period beginning September 1, 2005 511 and terminating on July 31, 2025, subject to Section 3.02 below. 512 At the end of the term, the City may renegotiate the terms and conditions of the Agreement with 513 the current Contractor or select another means to procure or provide collection services. The 514 City has no obligation to renegotiate, renew, or extend the rights granted to Contractor hereunder. 515

3.02 Additional Services. The primary consideration of the City in entering into this 516 Agreement with Contractor, which extends to the Contractor the exclusive right to collect Solid 517 waste, Recyclable materials and Green waste for single family residential, multifamily 518 residential, commercial and industrial customers within the City limits until 2025, is to provide 519 for a comprehensive system of Solid waste collection, diversion and reuse for all sectors of the 520 waste stream in order to comply with the diversion requirements of AB 939 and subsequent 521 522
rights and responsibilities for collection and processing of Recyclable materials to Contractor in 523 524
939. Beginning January 1, 2006, and each year thereafter, City and Contractor shall examine the 525 526
programs which are designed to enable City to meet the state mandated diversion requirements. 527 Contractor shall implement only such additional programs which Contractor and City agree may 528 be appropriate. 529
If the actions required of Contractor under this Agreement, including the undertaking of any 530 additional programs as provided for in this section, fails to result in compliance with any of the 531 state mandated diversion requirements under AB939 and subsequent enactments, City and the 532 Contractor shall meet and confer to evaluate the existing programs and discuss modifications 533 and/or additions that will assist the City in meeting the state mandated diversion requirements 534 under AB 939. City compliance with state mandated diversion requirements shall be evaluated 535 by reference to the California Department of Resources Recycling and Recovery (CalRecycle) 536 final compliance determination for the City for the years starting with 2005. 537 In addition, consideration for the extension to the Agreement is set forth in the recitals to the 538 Agreement. 539

3.03 Defense of Agreement. Contractor may at its election, and if it makes that election, at its 540 sole expense, defend the validity of this Agreement against all challenges to the Agreement 541 including challenges to any compensation or fees provided to City, by any entity or person not a 542 party to this Agreement. Neither the City nor the Contractor shall have any liability to each other 543 resulting from a determination that this Agreement violates any state or Federal law, statute, or 544 545
willful misconduct or negligence. However, if the Contractor elects to not defend the validity of 546 this Agreement, the City may, upon reasonable notice, terminate the Agreement at its election, 547 and if it makes that election, it shall have no liability to the Contractor resulting from that 548 election 549
compensation for services rendered by Contractor up to the date of termination, minus any 550 monies due the City provided for under this Agreement. 551

3.04 Disposal or Processing of Collected Materials. The Contractor shall dispose of or 552 deliver for processing all materials collected under this Agreement at a transfer station, landfill, 553 materials recovery facility or other appropriate state-licensed facility of its sole choice. 554 B14
Amended and Restated Agreement for Collection Services
11 3.05 Status of Transfer Station. Any transfer station utilized must be designed and 555 constructed in accordance with all applicable state and local laws (e.g., California Environmental 556 Quality Act (CEQA), California Code of Regulations, etc.). The transfer station must maintain 557 full regulatory compliance with all permits from federal, state, regional, county and city agencies 558 necessary for it to operate as a transfer station and is in compliance with all such permits. 559 Contractor shall provide copies to the City of all notices of violation or amendments to permits 560 561
Any transfer station selected by the Contractor must be authorized to accept, under its existing 562 permit, and have sufficient uncommitted capacity to accept, all Solid waste generated in the City 563 and delivered to it by, or on behalf of, the City for the duration of the Agreement. The 564 Contractor shall immediately notify the City of any notice of breach or default received from the 565 transfer station. A third party letter prepared by Contra Costa Health Services Department 566 stating that as of the signature date of this Agreement the disposal company continues to meet the 567 regulatory compliance requirements of this Section 3.05, must be sent to the City Manager upon 568 request. 569

3.06 Status of Disposal Site. Any landfill utilized by the Contractor must be designed and 570 constructed in accordance with 23 California Code of Regulations Section 2510 et seq. 571 e all required permits from federal, state, regional, 572 county and city agencies necessary for it to operate as a Class III Sanitary Landfill and is in full 573 regulatory compliance with all such permits. The Contractor shall provide copies to the City of 574 all 575
Agreement, or amendments to permits, including any extensions. 576 Any landfill must be authorized to accept, under its existing permit, and have sufficient 577 uncommitted capacity to accept, all Solid waste delivered to it by, or on behalf of, the City for 578 the duration of this Agreement. The selected landfill should not maintain the co-disposal of 579 hazardous waste with municipal Solid waste. The Contractor shall immediately notify the City of 580 any notice of breach or default received from the landfill. A third party letter prepared by Contra 581 Costa Health Services Department stating that as of the signature date of this Agreement the 582 disposal company continues to meet the regulatory compliance requirements of this Section 3.06, 583 must be sent to the City Manager upon request. 584

3.07 Closure of Disposal Site. The closure and post-closure maintenance plans required by 585 14 California Code of Regulations Section 18260 et seq. must be submitted to and not 586 disapproved by the state and local permit enforcement agencies having jurisdiction over the 587 landfill utilized by Contractor. The disposal site owner must have submitted evidence to the 588 appropriate governing authorities of adequate provisions to finance the closure and post-closure 589 maintenance of the landfill as required by 14 California Code of Regulations Section 18260 et 590 seq. and these arrangements have also been approved by the state and local permit enforcement 591 agencies having jurisdiction. The mechanism which the disposal site owner currently plans to 592 utilize to meet the state requirement of financial assurance for closure and post closure 593 maintenance is a performance bond. Disposal site owner may change this mechanism to another 594 legally authorized mechanism if the change is approved by the California Integrated Waste 595 Management Board. Evidence of compliance with state regulations regarding closure and post-596 closure funding and financial assurances shall be provided to the City upon request. A third 597 party letter prepared by Contra Costa Health Services Department stating that as of the signature 598 date of this Agreement the disposal site owner continues to meet the closure and post-closure 599 B15
Amended and Restated Agreement for Collection Services
12 financial assurance requirements of this Section 3.07, must be sent to the City Manager upon 600 request. 601

3.08 Prior Agreement Superseded. The parties previously entered into an agreement for 602 services similar to those specified in this Agreement. That agreement, including extensions is 603 scheduled to terminate on August 1, 2015. In signing this Agreement and upon its effective date, 604 Contractor stipulates that except for any provisions of the prior agreement specified as surviving 605 the termination of the agreement (including but not limited to record keeping, insurance, and 606 indemnity), all rights and responsibilities of the parties contained that that prior agreement are 607 superceded by this Agreement. 608
609
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Amended and Restated Agreement for Collection Services
13 Article 4. Services Provided by the Contractor 610

4.01 Collection, Recycling and Education Services and Programs. Contractor shall 611 provide the collection, recycling and education services and programs described in the service 612 specifications incorporated into this Agreement as Exhibit A. 613 614
615
other 616
businesses providing recycling or collection services. 617

4.02 City Right to Direct Changes.618
a. Procedure for Making Changes. The City may direct Contractor to: perform 619 additional services including new diversion programs and additional public education 620 activities; eliminate programs; modify the manner in which it performs existing services; 621 and perform pilot programs and innovative services, which may entail new collection 622 methods, targeted routing, different kinds of services, different types of collection 623 vehicles, and/or new requirements for generators. Contractor shall be entitled to an 624 adjustment in its compensation in accordance with Section 5.07 for providing such 625 additional or modified services but not for the preparation of its proposal to perform such 626 627
Contractor for its reasonable, net costs of providing such additional or modified services. 628 a proposal to 629
provide the additional or expanded services described in this Section 4.02. At a minimum, 630 the proposal shall contain a complete description of the following: 631

1. Collection methodology to be employed (equipment, manpower, etc.). 632

2. Equipment to be utilized (vehicle number, types, capacity, age, etc.). 633

3. Labor requirements (number of employees by classification). 634

4. Type of materials. 635

5. Containers to be utilized. 636

6. Provision for program publicity/education/marketing. 637

7. Five year projection 638
a balance sheet and operating statement format including documentation of the 639 key assumptions underlying the projections and the support for those 640 assumptions, giving full effect to the savings or costs to existing services. 641 Contractor acknowledges and agrees that the City may permit other persons besides 642 Contractor to provide additional Solid waste collection services not otherwise 643 contemplated in this Agreement if Contractor and the City cannot agree on terms and 644 conditions of such services in 120 calendar days from the date when the City first 645 requests a proposal from the Contractor to perform such services. 646 b. Monitoring and Evaluation647
with the City to describe the progress of each new program and other service issues. If 648 applicable, Contractor shall document the results of the new programs on a monthly 649 basis, including at a minimum the tonnage diverted by material type, the end use or 650 B17
Amended and Restated Agreement for Collection Services
14 processor of the diverted materials and the cost per ton for transporting and processing 651 each type of material and other such information requested by the Contractor and/or the 652 City necessary to evaluate the performance of each program. 653 At each meeting, the City and the Contractor shall have the opportunity to revise the 654 program based on mutually agreed upon terms. The City shall have the right to terminate 655 a program if, in its sole discretion, the Contractor is not cost effectively achieving the 656 jectives. Prior to such termination, the City shall meet and confer 657 658
Thereafter, the City may utilize a third party to perform these services if the City 659 reasonably 660
Notwithstanding these changes, Contractor shall continue the program during the meet 661 and confer period and, thereafter, until the third party takes over the program. 662

4.03 Responsibility for Service Billing and Collection. The Contractor is responsible for the 663 billing and collection of payments for collection services. The Contractor shall not bill for 664 collection services rendered to City facilities as described in Section 4.04. (See Article 5, Rates, 665 Charges and Contractor Compensation.) 666

4.04 Service to City Facilities. Contractor shall provide Solid Waste collection and recycling 667 services to all City facilities at no cost. Currently, those facilities are listed with service levels in 668 Exhibit C. The Solid waste collection service shall be at least weekly at each location. 669 Contractor will provide for the service of recycling and garbage receptacles at all City Parks and 670 Trails at no cost to the City. Service to Parks must be done weekly at a minimum and more often 671 as need to insure that receptacles are not overflowing and debris is contained. Any changes to 672 service levels must be agreed upon by Contractor and the City prior to start of service. Annually, 673 or more frequently as needed, Contractor and the City will review the waste stream at each 674 facility to evaluate diversion programs and make changes to service levels. 675 In addition to the collection services outlined in Exhibit C, Contractor will agree to receive the 676 rect off haul of cake solids that are produced at the Water Treatment Plant dewatering 677 facility once it is constructed. The solids will be produced and shipped to the landfill disposal 678 site between 20 to 30 percent cake. If possible, this material should be used as Alternative Daily 679 Cover and City will pay an agreed upon rate for this disposal. Except as provided herein, the City 680 or its agents or subcontractors shall not direct haul waste to transfer or disposal facilities owned 681 by Contractor for free disposal without prior agreement from Contractor. 682 The free City services provided for in this Section shall not include free hauling and/or disposal 683 of Construction and demolition debris from the demolition or renovation of City buildings or 684 structures, or the hauling or disposal of waste stream sludge/solids, if allowed by operating 685 permits, generated from water treatment works. In the event the City wishes to have Contractor 686 provide these services, Contractor shall negotiate a fee for such services with the City that will 687 compensate Contractor for the reasonable value of such services. 688

4.05 Service Standards. Contractor shall perform all collection services under this 689 Agreement in a thorough and professional manner so that the residents and businesses are 690 provided reliable, courteous, timely and high quality collection services at all times. Collection 691 services described in this Agreement shall be performed regardless of weather conditions or 692 difficulty of collection. 693

4.06 Labor and Equipment. Contractor shall provide and maintain all labor, equipment, 694 695
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Amended and Restated Agreement for Collection Services
15 obligations under this Agreement. Contractor shall at all times have sufficient backup equipment 696 and labor to fulfil697
698
supervision shall be provided or paid to Contractor by City or by any customer except as 699 expres700
Collection Equipment.) 701

4.07 Purchase, Distribution and Ownership of Carts. The Contractor is responsible for the 702 purchase and distribution of fully assembled and functional garbage, recycling and green waste 703 carts, bins and drop boxes. Contractor retains ownership of the carts, bins and drop boxes and 704 shall provide all necessary maintenance. 705
Each SFD and MFD customer shall be permitted one free replacement container per any twelve 706 month period to replace a stolen or damaged container or to swap a dirty container for a clean 707 one. SFD and MFD customers may also exchange one container size for a different container 708 size per any twelve month period at no charge. This 709 obligation to repair containers which are damages due to normal collection activities. 710 711

4.08 Holiday Service. The Contractor observes December 25th and January 1st as legal 712 holidays. Contractor is not required to provide collection services or maintain office hours on the 713 designated holidays. In any week in which one of these holidays falls on a work day (Monday 714 through Saturday), SFD collection services for the holiday and each work day thereafter will be 715 delayed one work day for the remainder of the week, with normally scheduled Friday SFD 716 collection services being performed on Saturday. MFD and commercial collection services shall 717 be adjusted as necessary but must meet the minimum frequency requirements of one time per 718 week. 719

4.09 Spillage and Litter. The Contractor shall not litter premises in the process of providing 720 collection services or while its vehicles are on the road. The Contractor shall transport all 721 materials collected in such a manner as to prevent the spilling or blowing of such materials from 722 723
providing collection services so as to prevent spilling or dropping of Solid waste, Green waste or 724 Recyclable materials and shall immediately, at the time of occurrence, clean up such spilled or 725 dropped waste or materials. 726
The Contractor is not responsible for cleaning up sanitary conditions caused by the carelessness 727 of the customer; however, the Contractor shall clean up any material or residue that is spilled or 728 scattered by the Contractor or its employees. 729
Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting from the 730 d immediately with an absorptive 731
material and removed from the street surface. When necessary, Contractor shall apply a suitable 732 cleaning agent to the street surface to provide adequate cleaning. Contractor shall notify City 733 Manager of any spills including the location, material, how it occurred and how it was cleaned 734 up.735
Contractor shall cover all open drop boxes during transport and shall take such similar physical 736 steps as are necessary to avoid unacceptable spillage from collection vehicles. 737

4.10 Ownership of Materials. Once Solid waste is placed in containers and properly 738 presented for collection, ownership and the right to possession shall transfer directly from the 739 B19
Amended and Restated Agreement for Collection Services
16 generator to Contractor by operation of this Agreement. Contractor is hereby granted the right to 740 retain, process, dispose of, and otherwise use such Solid waste, or any part thereof, in any lawful 741 fashion or for any lawful purpose desired by Contractor. Subject to the provisions of this 742 Agreement, Contractor shall have the right to retain any benefit resulting from its right to retain, 743 process, dispose of, or use the Solid waste which it collects. Solid waste, or any part thereof, 744 which is disposed of at a disposal site or facility (whether landfill, transformation facility, 745 transfer station, or materials recovery facility) shall become the property of the owner or operator 746 of the disposal site(s) or facility once deposited there by Contractor. Contractor shall be entitled 747 to retain all revenues from the sale of Recyclable materials collected by Contractor pursuant to 748 this Agreement. 749

4.11 Special Collection Services. Contractor shall, free of charge, collect Solid waste and 750 Recycling for a minimum of three special events for the City, such as parades or civic events, as 751 determined by the City as well as one 30 cubic yard debris box for specific monthly 752 neighborhood clean-up events organized by the police department or other city department. 753 Contractor shall provide an adequate number and type of collection containers for the special 754 events and shall coordinate its collection services with the City. Recycle containers shall be 755 provided upon request. 756
Contractor shall partner with a non-profit organization to schedule an annual reuse day where 757 businesses and residents can drop off reusable items at a location with the City. The event details 758 must be approved by the City. 759
Requests for donated collection services for special events by other entities can be approved and 760 fulfilled at the discretion of the Contractor. 761

4.12 Regularly Scheduled and Temporary Bins. Contractor shall provide regularly 762 scheduled and temporary bins/drop box service for the purpose of collection of non-hazardous 763 Solid waste to all persons requesting and paying for such service. Contractor shall deliver and 764 collect bins at the direction of the customer. Drop boxes and bins shall be kept free of graffiti 765 766
the City right of way. Drop boxes delivered on the street in front of a 767 require authorization from the City. Encroachment permits are required for any box to be 768 delivered on the streets. Drop boxes shall be delivered within one working day of the receipt of 769 eet these requirements may result in assessment 770
of a liquidated damage as provided in subsection 12.02 g. 771

4.13 Noise. All Collection operations shall be conducted as quietly as possible and shall 772 conform to applicable federal, state, county and City noise level regulations, including the 773 requirement that the noise level during the stationary compaction process not exceed seventy 774 decibels at a distance of 50 feet with the exceptions of 85 decibels for one-minute duration as 775 measured from a distance of 50 feet. The City may conduct random checks of noise emission 776 levels to ensure such compliance. Contractor shall promptly resolve any complaints of noise to 777 the satisfaction of the City Manager. 778

4.14 Property Damage. Contractor shall be responsible for any damage it causes to private 779 780
associated curbs, gutters and traffic control devices, resulting from or directly attributable to any 781 of its operations. Nothing in this paragraph is intended to create any new or additional liability 782 -of-w 783

4.15 Litter and Debris pickup for City streets and public right of ways 784 B20
Amended and Restated Agreement for Collection Services
17 Contractor shall be responsible for the litter collection services on streets and public right of way. 785 This shall include the pickup of litter scattered on local streets and material illegally dumped on 786 sidewalks and near local waterways in the areas defined in Exhibit E. Contractor can provide 787 services directly or may subcontract work upon approval of the City. Contractor shall publicize 788 the Contra Costa Clean Water Program toll free number, 1-800 NO DUMPING as a resource for 789 people to report illegal dumping of debris. Reports of illegal dumping of debris made to this 790 number for sites within the City shall be forwarded to the Contractor for resolution. The number 791 of calls, the amount of material collected and the locations of the material will be reported to the 792 City monthly. 793
794
795
Contractor shall provide oversight and the resources necessary to ensure that the debris delivered 796 797
The material placed at the Annex for collection shall only be related to City related work, 798 including work done directly by city employees and sub-contractors approved by the City to use 799 the Annex. Accumulation of Hazardous Materials shall not be permitted at the Annex. 800 Additionally the Contractor shall not use the Annex for the accumulation of Solid Waste from 801 non-City related work without the written authorization from the City. Staging of Contractor 802 related equipment shall be limited to 5 roll-off bins. Any other storage of Contractor equipment 803 requires written approval from the City. The City shall have the right to review, provide 804 feedback and approve of any changes to the processes and uses for the Annex. 805 806
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Amended and Restated Agreement for Collection Services
18 Article 5. Rates, Charges and Contractor Compensation807

5.01 Compensation.808
revenues generated by the rates that Contractor imposes, which the maximum rates set forth in 809 Exhibit B, as such rates and charges may be adjusted pursuant to this Agreement. The full, entire 810 and complete compensation due Contractor for all labor, equipment, materials and supplies, 811 taxes, insurance, bonds, overhead, disposal, profit and all other things necessary to perform all of 812 the services required by this Agreement in the manner prescribed shall be provided by Contractor 813 solely through the revenues generated through customer charges and the sale of salvage and 814 recyclables. 815
Contractor does not look to the City for payment of any sum under this Agreement. Contractor 816 will perform the responsibilities and duties described in this Agreement in consideration of the 817 right to charge and collect from customers for services rendered at rates imposed by Contractor 818 with maximum rates set by the City from time to time. The City shall have the right to structure 819 the maximum rate for residential solid waste, recycling and Green waste and commercial Solid 820 waste as it deems appropriate so long as the revenues forecasted to be received by Contractor 821 from charging such rates not exceeding the maximum rates set by the City will generate 822 equivalent revenues to that received prior to the adjustment of the rate structure net of change in 823 franchise fees and other nonrelated rate components. This Agreement does not contemplate a 824 guaranteed level of return (profit) for Contractor, nor does the City, through the setting of 825 maximum rates assume responsibility to guarantee revenues to cover all market or business risks, 826 unreasonable operational costs, or losses due to business judgment. 827

5.02 Collection services. The Contractor is responsible for the billing and collection of 828 payments for all collection services. Since the responsibility for providing service per Chapter 3 829 of Title 6 of the Antioch Municipal Code lies with the owner of the property, it will be the 830 831
County Assessors office. 832
The Contractor shall charge customers the service rates that do not exceed the maximum rates set 833 by the City Council and set forth in Exhibit B. The rates may be adjusted under the terms of this 834 Agreement. 835

5.03 Partial Month Service836
-rated based on the weekly service rate 837
(weekly service rate shall be the service rate divided by the number of actual weeks in the month 838 that service was provided to the customer). 839

5.04 General Billing Requirements. Contractor shall prepare mail and collect bills (and 840 issue written receipts for cash payments) for Solid waste collection services provided by 841 Contractor. Residential bills shall be for service for a two month period unless the City requests 842 a more frequent billing interval. Each bill must clearly describe that the billed amount is for a 843 two month period. Bills for residential service shall be mailed in advance of the provision of 844 service but no more than two months in advance. Commercial bills shall be for service for a one 845 month period billed no more than one month in adv846
local address, phone number, and e-847
frequency of collection); and any credits due the customer. City shall have the right to: 1) review 848 and determine the bill messages; 2) revise the billing format to itemize certain charges, and; 3) 849 review the billings frequency and procedures. City may also direct Contractor to insert mailers 850 relating to service with the billings. The mailers must fit in billing envelopes and not increase the 851 B22
Amended and Restated Agreement for Collection Services
19 required postage. The Contractor will notify City about any changes to the billing insert 852 requirements at least 60 days prior to the next bill mailing. Any increased costs to City for failure 853 to do so will be borne by the Contractor. City will provide not less than 60 days notice to 854 Contractor prior to the mailing date of any proposed mailing to permit Contractor to make 855 856
notices of non-payment to a customer after 60 days and to suspend service after 90 days of non-857 payment by customer. Contractor is also authorized to charge late fees on unpaid balances and 858 City of accounts 859
to be suspended on a monthly basis. 860
Contractor shall work with the City to proactively address locations without garbage service. 861 This shall included mailing of notice of violation letters to the customers with suspended service 862 and to property owners if the customer letter is not successful in getting service reinstated. 863 Addresses that do not subscribe to service ten (10) days after the owner letter is sent will be 864 referred to the City for further action. Contractor will work with the City to abate properties 865 where compliance is not achieved by signing the property up for six (6) months of service per 866 Chapter 3 of Title 6 of the Antioch Municipal Code. 867

5.05 City Audit of Billings. City may at its sole discretion select a qualified independent firm 868 to perform up to five billing audits during the term of the Agreement. The frequency and timing 869 870
sixty days notice of each change in the audit schedule. City shall determine the scope of any 871 audits. 872
The auditor shall review the billing practices of Contractor with relation to delivery of collection 873 services. The intent of this audit is to use sampling to verify that customers are receiving the type 874 and level of service for the rates they are billed. 875 The cost of the first billing audit shall be borne by the Contractor. The cost for any subsequent 876 audit that demonstrates an error rate of less than one percent shall be borne by the City. The cost 877 of any audit that demonstrates an error rate equal to or greater than one percent shall be borne by 878 the Contractor. 879

5.06 Adjustments to Service Rates880
a. Beginning on July 1, 2011, and annually thereafter, the maximum residential 881 to this Agreement shall be automatically adjusted. 882
For residential service rates, the automatic adjustment in maximum rates may be not 883 -San 884
Francisco-Oakland All Urban Co885
increase, whichever is greater.. Beginning July 1, 2010, for commercial, industrial and 886 multi-family regulated rates, the automatic adjustment may be not more than one hundred 887 (100%) percent of the CPI or a two percent (2%) increase, whichever is greater.. For all 888 rates, the maximum annual increase shall be five (5%) percent. Contractor shall notify 889 City of its intention to increase any rates by May 15 of each year. Any increase shall be 890 effective July 1. 891
892
b. Limits of Annual Adjustments. Fractions of less than one cent shall not be 893 considered in making annual rate adjustments. The indices or calculations shall be 894 truncated at four decimal places for the adjustment calculations. 895 B23
Amended and Restated Agreement for Collection Services
20 5.07 Significantly Changed Circumstances. A special rate change may be approved at any 896 time it can be established that there is good cause based on a significant change in circumstances 897 Significantly changed circumstances may include City directed changes in service pursuant to 898 Section 4.02, new governmental fees, charges or taxes, regulatory changes, changes in law such 899 as any new or amended federal, state or local law or regulation or any change in the 900 interpretation or enforcement thereof or other dramatic changes in costs not within the control of 901 Contractor. If Contractor does desire to seek a special rate change, Contractor shall submit to the 902 City Manager a thorough written explanation of the significantly changed circumstances, as well 903 as an explanation of why these extraordinary circumstances constitute good cause for making 904 such an application and the amount of the rate adjustment requested by Contractor, together with 905 such other data and supporting documentation as may be required by City Manager. 906 907
The City Manager shall determine within 45 days whether good cause exists for an adjustment in 908 rates. If it has been determined that good cause does exist, a hearing on the proposed maximum 909 rate adjustments will be scheduled before the City Council within 60 days after the City 910 911
other materials and information reasonably requested by the City Council from Contractor to 912 uncil will consider an adjustment to 913
914
such additional or modified services. No action from the City Manager within the 45 day period 915 shall be considered an appealable denial, as described below. 916 If the City Manager determines that good cause does not exist, Contractor shall have ten days in 917 which to file an appeal of the determination with the City Council. That appeal shall be placed 918 as soon as practicable. 919
920
construed to prevent either party from seeking judicial relief for any breach of any provision of 921 this Agreement by either party. 922
923
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Amended and Restated Agreement for Collection Services
21 Article 6. City Compensation and Other Fees 924

6.01 City Compensation. The parties acknowledge that Contractor's heavy trucks create 925 significant wear and tear on City streets, leading to the need for more frequent repair. The exact 926 amount and nature of such street damage is difficult if not impossible to calculate. In 927 consideration of the exclusive contractual rights and agreement granted by the City to Contractor 928 for provision of collection services for both residential, commercial and industrial Solid waste 929 generators, beginning with the adoption of this contract on September 1, 2005, and thereafter, 930 Contractor agrees to pay the City 12% of all gross revenues received by Contractor for provision 931 of the collection services under this Agreement. This compensation has the following elements: 932 5% for the privilege of exercising the franchise, and 7% for a street impact fee and development 933 of programs for compliance with AB 939 and liquidated damage payment. The amount of any 934 City compensation may be adjusted from time to time by the City with consent of the Contractor. 935 ans any and all compensation receive by the Contractor from the operation 936 937
services, charges for the use of extra or special services, and income of whatever kind or nature 938 received by contractor by virtue of its enjoyment of the franchise agreement, including both 939 regulated and unregulated customer payments; but shall not include revenues from the sale of 940 include refundable deposits or bad debts for which 941
no payment was received from the customer or subscriber. 942 The City compensation shall be paid every three months and shall be considered late if not paid 943 by the 20th day of the month in which it becomes due. Late payments are subject to a 2% late 944 penalty for the amounts owing during the two-month payment period. Contractor shall pay an 945 additional 2% on any unpaid balance for each following 30-day period that the Agreement fee 946 remains unpaid. 947
The compensation provided to City under this Section 6.01 is contractual in nature and was a 948 materially bargained for term of this Agreement. Contractor and City agree that this amount is 949 fair and reasonable in the applicable commercial setting existing at the time of execution of this 950 Agreement. It is further agreed that the City is justified in receiving this compensation, whether 951 received as compensation for the contractual rights provided herein, as a franchise fee (5%), or 952 as cost reimbursement (7%) to the City for street repair and Solid waste programs. 953

6.02 Community Impact Fee 954
The Contractor shall pay the City a total of one million dollars ($1,000,000) as a Community 955 956
2010 and July 1, 2011 or as one payment of $1,000,000 on July 1, 2010. The Community 957 958

6.03 Other Fees. The City shall reserve the right to set other or additional fees as it deems 959 necessary and will notify Contractor of any changes in fees to be collected as a part of the fees 960 and charges for Solid waste collection services. Such fees will be reflected by an adjustment in 961 the rates that Contractor is allowed to charge and collect from customers. 962 963
964
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Amended and Restated Agreement for Collection Services
22 Article 7. Single Family Dwelling Collection Services 965

7.01 Single Family Dwellings (SFD) Collection Services: General. The Contractor shall 966 provide SFD collection service to all SFD customers in the City area whose residential Solid 967 waste, Recyclable materials and Green waste are properly containerized and set out within three 968 feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other 969 such location agreed to by the Contractor and customer, that will provide safe and efficient 970 971

7.02 On-Premises Service. Contractor shall provide on-premises collection of residential 972 Solid waste, Recyclable materials and Green waste to a SFD customer if all adult customers 973 residing there have disabilities that prevent them from setting their garbage or recycling cart at 974 the curb for collection and if a request for on-premises service has been made to, and approved 975 by, the City Manager in the manner required by City. On premises service shall include pickup 976 and replacement of carts within the front or side yard and return of the cart to such location. The 977 Contractor shall authorize on-premises service in appropriate circumstances. If there is a dispute 978 between the Contractor and a customer regarding this issue, the Contractor shall refer the matter 979 to the City Manager for his or her determination. No additional monies shall be due to the 980 Contractor for the provision of on-premises service to special needs or disabled customers. The981 City may direct Contractor to provide an elective or optional on-premises service to customers 982 who request it for a fee in addition to the otherwise applicable rates and charges. This elective 983 on-premises service would be available to able-bodied customers. 984 Contractor shall provide on-premises collection service on the same work day that curbside 985 collection would otherwise be provided to the SFD customer. 986

7.03 Frequency and Scheduling of Service. SFD collection services shall be provided one 987 time per week on a scheduled route basis, except for bulky item collection, on-call waste and 988 recycling, and Holiday tree collection.989
a. Hours and Days of Collection. SFD collection services shall be provided 990 beginning no earlier than 6:00 a.m. and ending no later than 6:00 p.m., Monday through 991 Saturday. The hours or days of collection may be extended due to extraordinary 992 circumstances with the prior consent of the City Manager. 993 b. Manner of Collection. The Contractor shall provide SFD collection service with 994 as little disturbance as possible and shall leave carts in an upright position at the same 995 point they were collected without obstructing alleys, roadways, driveways, sidewalks or 996 mail boxes. 997

7.04 SFD Solid waste Collection Service.Contractor is not required to collect any 998 residential Solid waste that is not placed in the cart or that is commingled with hazardous waste 999 or medical waste. In the event of non-collection, Contractor shall affix to the cart a non-1000 collection notice explaining why collection was not made. 1001

7.05 SFD Recycling Service. 1002
a. Collection. The Contractor is not required to collect Recyclable materials if the 1003 customer does not segregate the Recyclable materials from residential Solid waste. If 1004 Recyclable materials are contaminated through commingling with residential Solid waste, 1005 the Contractor shall, if practical, separate the residential Solid waste from the Recyclable 1006 materials. The Recyclable materials shall then be collected and the Solid waste shall be 1007 B26
Amended and Restated Agreement for Collection Services
23 left in the recycling cart along with a non-collection notice. However, if the Recyclable 1008 materials and Solid waste are commingled to the extent that they cannot easily be 1009 separated by the Contractor or the nature of the Solid waste renders the entire recycling 1010 cart contaminated, the Contractor may leave the recycling cart un-emptied along with a 1011 non-collection notice. 1012
b. Cardboard. Corrugated cardboard that will not fit inside the recycling cart shall 1013 be placed as specified by the Contractor and picked up pursuant to an on-call recycle 1014 cleanup as described in Section 7.09 below. 1015
c. Changes to Work. If changes in law arise that necessitate any additions or 1016 deletions to the work described here including the type of items included as Recyclable 1017 materials, the parties shall negotiate any necessary cost changes and shall enter into an 1018 Agreement amendment covering the modifications to the work to be performed and the 1019 compensation to be paid before undertaking any changes or revisions to the work. In the 1020 event there are no costs associated with adding materials to the recycling program, 1021 additional items can be added at anytime with City Manager approval. 1022

7.06 Green waste Collection Service. Contractor is not required to collect any Green waste 1023 that is not placed in a Green waste cart. In the event of non-collection, Contractor shall affix to 1024 the Green waste cart a non-collection notice. 1025

7.07 Change in Collection Schedule. Contractor shall notify City not later than sixty days 1026 prior to, and residential customers not later than 14 days prior to, any change in residential 1027 collection operations that results in a change in the day on which Solid waste collection occurs. 1028 Contractor shall not permit any customer to go more than seven days without service in 1029 connection with a collection schedule change. City must give final approval to the routing 1030 changes and its approval shall not be withheld unreasonably. 1031

7.08 SFD On-Call Waste and Bulky Waste Collection Service. The Contractor shall provide 1032 SFD two on-call waste collection services to all SFD customers whose items or extra residential 1033 Solid waste have been placed in a disposable bag or container, or bundled, and placed within 1034 three feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or 1035 other such location agreed to by the Contractor and customer, that will provide safe and efficient 1036 -call waste collection service is 1037
limited to two cubic yards per collection. 1038
Each SFD customer is entitled to receive SFD on-call waste collection service up to two times 1039 per year. The collections shall be on-call. Collection of batteries, cell phones and CFLs can be 1040 arranged at no cost to the customer during an on-call cleanup. Contractor shall maintain 1041 adequate vehicles and personnel to meet demand of on-call pickups within two weeks of request. 1042 Each SFD customer is entitled to curbside collection of two free large bulky items (such as those 1043 specified in Exhibit B), such as appliances or furniture, at no charge per year. Additional items 1044 will be picked up for a fee as listed in bulky item price list in Exhibit B 1045

7.09 On-Call Recycle Cleanups. The Contractor shall provide on-call recycle cleanup 1046 service to each SFD customer whose Green waste or corrugated cardboard has been placed in a 1047 manner as set forth by the Contractor in the customer guide prepared and distributed by the 1048 Contractor to all customers. 1049
Each SFD customer is entitled to receive on-call recycle cleanup service up to three times per 1050 year (three Green waste pick ups or corrugated cardboard pick ups). Collection of batteries, cell 1051 phones and CFLs can be arranged at no cost to the customer during an on-call cleanup. 1052 B27
Amended and Restated Agreement for Collection Services
24 7.10 Holiday Tree Collection Service. Contractor shall provide annual Holiday tree 1053 collection pick up and recycling at up to two locations designated by the City. This service shall 1054 be provided during the first three weeks of January of each year at a time and in a manner to be 1055 specified by Contractor in the annual holiday schedule brochure which shall be prepared by the 1056 Contractor and distributed to all SFD customers. Contractor shall provide an advance copy of 1057 the schedule to the City for its review and approval. 1058 1059
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Amended and Restated Agreement for Collection Services
25 Article 8. Multiple Family Dwelling Collection Services 1060

8.01 Multiple Family Dwelling (MFD) Collection Services: General. The MFD collection 1061 service is governed by the following terms and conditions: 1062 a. Hours and Days of Collection. MFD collection services shall be provided 1063 beginning no earlier than 6:00 a.m. and ending no later than 6:00 p.m., Monday through 1064 Saturday. The hours or days of collection may be extended due to extraordinary 1065 circumstances with the prior consent of the City Manager. 1066 b. Manner of Collection. The Contractor shall provide collection service with as 1067 little disturbance as possible and shall leave any container at the same point it was 1068 collected, with the lid closed, without obstructing alleys, roadways, driveways, sidewalks 1069 or mailboxes. 1070

8.02 MFD Solid Waste Collection Service. The Contractor shall provide MFD solid waste 1071 collection service to all MFD customers whose residential solid waste is properly contained in a 1072 container. This service shall be provided at least once every week on a scheduled route basis. 1073 The size of the container and the frequency (above the minimum) of collection shall be 1074 determined between the customer and the Contractor. 1075

8.03 MFD Recycling Service. This service will be governed by the following terms and 1076 conditions. 1077
a. Conditions of Service. The Contractor shall provide MFD recycling service to all 1078 MFD customers whose Recyclable materials are properly containerized and set out. The 1079 Contractor is not required to collect Recyclable materials if the customer does not 1080 segregate the Recyclable materials from residential Solid waste. If Recyclable materials 1081 are contaminated through commingling with Solid waste, the Contractor shall, if 1082 practical, separate the Solid waste from the Recyclable materials. The Recyclable 1083 materials shall then be collected and the Solid waste shall be left in the recycling 1084 container along with a non-collection notice. However, if the Recyclable materials and 1085 Solid waste are commingled to the extent that they cannot easily be separated by the 1086 Contractor or the nature of the residential Solid waste renders the entire recycling 1087 container contaminated, the Contractor may leave the container un-emptied along with a 1088 non-collection notice. 1089
b. Frequency of Service. This service shall be provided a minimum of every other 1090 week on a scheduled route basis. 1091
c. Changes to Work.If changes in law arise that necessitate any additions or 1092 deletions to the work, including the type of items included as Recyclable materials, the 1093 Contractor shall modify its operations to appropriately address the change in law. The 1094 parties shall attempt to negotiate any reasonable and necessary cost changes and shall 1095 enter into an Agreement amendment covering the modifications to the work to be 1096 performed and the modification to the rates and charges of Article 5. In the event there 1097 are no costs associated with adding materials to the recycling program, additional items 1098 can be added at anytime with City Manager approval.1099 1100
1101
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Amended and Restated Agreement for Collection Services
26 8.04 MFD On-call Waste Collection Service. Multifamily residents subscribing individually 1102 for service will receive two (2) on-call waste cleanups as described under Residential Services 1103 and two large item pickups per year. Contractor provides large item pick-up for a fee as 1104 described in Exhibit B. Bin service customers cannot request individual cleanups. All other 1105 guidelines apply as described in Residential Services. 1106

8.05 On-Call Recycle Cleanups. Multifamily residents subscribing individually for service 1107 will receive the same information as residential customers described in Residential Services for 1108 on-call recycle cleanups. Green waste exempt customers will not be eligible for Green waste 1109 cleanups. Those residents of multifamily complexes not subscribing to individual service will 1110 receive (2) cardboard on-call cleanups only. 1111

8.06 Holiday Tree Collection Service. Contractor shall provide annual Holiday tree 1112 collection pick up and recycling at up to two locations designated by the City. This service shall 1113 be provided during the first three weeks of January of each year at a time and in a manner to be 1114 specified by Contractor in the annual holiday schedule brochure which shall be prepared by the 1115 Contractor and distributed to all MFD customers. The brochure will also include a description of 1116 pick up services (such as cardboard or holiday tree roll-off bins) available to MFD customers for 1117 fee. Contractor shall provide advance copy of the schedule to the City for its review and 1118 approval.1119
1120
B30
Amended and Restated Agreement for Collection Services
27 Article 9. Commercial and Industrial Collection Services 1121

9.01 Commercial and Industrial Collection Service: General. The Contractor shall 1122 provide commercial collection services to all commercial and industrial customers. This service 1123 is governed by the following terms and conditions: 1124 a. Provision of Service. Contractor shall provide commercial Solid waste and 1125 recycling service to all commercial customers. 1126
b. Hours of Collection. Commercial collection service shall not occur between the 1127 hours of 6:00 p.m. and 4:00 a.m. within 300 feet of an inhabited dwelling unit. In order 1128 to reasonably accommodate nearby residents with noise complaints, Contractor shall 1129 adjust its collection times for specific business customers if the scheduled collection time 1130 is before 7:00 a.m. as long as the scheduled collection time can be adjusted without 1131 posing a safety risk. 1132
c. Manner of Collection. The Contractor shall provide commercial collection service 1133 with as little disturbance as possible and shall leave any container at the same point it was 1134 originally located without obstructing alleys, roadways, driveways, sidewalks or mail 1135 boxes. Bin lids must be left in the closed position when garbage enclosure is not roofed. 1136 Contractor shall not collect garbage in the Rivertown Business District between the hours 1137 of 11:00 am and 10:00 pm of each day, except for a one (1) special service upon specific 1138 request by the customer or the City. 1139

9.02 Commercial Solid waste Collection Service. 1140
a. Conditions of Service. The Contractor shall provide commercial Solid waste 1141 collection service to all commercial and industrial customers whose Solid waste is 1142 properly contained in containers. 1143
b. Size and Frequency of Service. Contractor shall provide Solid waste collection 1144 service as deemed necessary and as determined between the Contractor and the customer, 1145 but such service shall be received no less than one time per week. Collection service 1146 scheduled to fall on a holiday may be rescheduled as determined between the customer 1147 and the Contractor as long as the minimum frequency requirement is met. The 1148 frequency (above the minimum) of collection shall be determined between the customer 1149 and the Contractor. 1150
The Contractor shall provide containers as part of the commercial collection service rates 1151 set forth in Exhibit B. The kind, size and number of containers furnished to particular 1152 customers shall be as determined mutually by the customer and company. Containers 1153 which are front loading bins, shall have lids. All containers with a capacity of one cubic 1154 yard or more shall meet applicable regulations for container safety and shall have 1155 reflective markings, shall be maintained in good repair with neatly and uniformly painted 1156 surfaces and shall prominently display the name and telephone number of Contractor. 1157 Containers shall be clearly marked and identified as belonging to Contractor. Contractor 1158 shall not be obligated to provide customers with compactor units, but will be obligated to 1159 charge the rates set by the City for the collection of compacted Solid waste. 1160 The kind, size and number of containers and frequency of collection shall be sufficient to 1161 provide that no Solid waste need be placed outside the container. 1162 B31
Amended and Restated Agreement for Collection Services
28 c. Non-Collection. Contractor is not required to collect any commercial Solid waste 1163 that is not placed in a container unless the Solid waste is outside the container as a result 1164 of overflow. If Solid waste is not collected, the Contractor shall affix a non-collection 1165 notice to the container. 1166
1167

9.03 Commercial Recycling Service.This service will be governed by the following terms 1168 and conditions: 1169
a. Conditions of Service. The Contractor shall provide commercial recycling service 1170 to all commercial customers whose Recyclable materials are properly containerized and 1171 set out. The Contractor is not required to collect Recyclable materials if the customer 1172 does not segregate the Recyclable materials from commercial Solid waste. If Recyclable 1173 materials are contaminated through commingling with Solid waste, the Contractor shall, 1174 if practical, separate the Solid waste from the Recyclable materials. The Recyclable 1175 materials shall then be collected and the Solid waste shall be left in the container along 1176 with a non-collection notice. However, if the Recyclable materials and Solid waste are 1177 commingled to the extent that they cannot easily be separated by the Contractor or the 1178 nature of the commercial Solid waste renders the entire recycling container contaminated, 1179 the Contractor may leave the container un-emptied along with a non-collection notice. 1180 b. Size and Frequency of Service. The Contractor shall provide this service as 1181 deemed necessary and as determined between the Contractor and the customer, but such 1182 service shall be received no less than every other week. Collection service scheduled to 1183 fall on a holiday may be rescheduled as determined between the customer and the 1184 Contractor as long as the minimum frequency requirement is met. Service may be 1185 provided by bin, cart or drop box at the option of the customer. The size of the container 1186 and the frequency (above the minimum) of collection shall be determined between the 1187 customer and the Contractor. The Contractor shall provide containers as part of the 1188 commercial collection service rates. 1189
c. Changes to Work. If changes in law arise that necessitate any additions or 1190 deletions to the work described here, including the type of items included as Recyclable 1191 materials, the parties shall negotiate any necessary cost changes and shall enter into an 1192 Agreement amendment covering the modifications to the work to be performed and the 1193 compensation to be paid before undertaking any changes or revisions to the work. In the 1194 event there are no costs associated with adding materials to the recycling program, 1195 additional items can be added at anytime with City Manager approval. 1196 1197

9.04 Wet/Dry Collection 1198
For commercial customers where the debris generated for collection is primarily dry material 1199 containing paper and metal, the Contractor shall route said customers on the recycling routes and 1200 process the material as recyclables. Wet material such as food waste or bathroom waste would 1201 be collected as Solid waste. For customers where there is no sorting done by the customer, 1202 garbage rates shall apply. 1203
1204
B32
Amended and Restated Agreement for Collection Services
29 1205
Equipment 1206

10.01 .1207
a. Location; Telephone Service. Contractor shall designate a location in the City 1208 where bills may be paid by customers and a listed telephone number for the City of 1209 Antioch which does not involve a toll call for Antioch residents. Said billing payment 1210 location shall be open during normal business hours on all work days. The main office 1211 shall be open during normal business hours on all work days. The average hold time on 1212 customer calls should not exceed 60 seconds. The Contractor shall provide either a 1213 telephone answering service or mechanical device to receive customer inquiries during 1214 those times when the office is closed. Call back messages left on a business day before 1215 noon shall be returned by the end of the same day. Calls received after noon or after 1216 normal business hours shall be addressed before noon of the next business day. 1217 Contractor shall maintain the capability of responding to telephone calls: (1) in English, 1218 Spanish and such other languages as needed through a phone translation service; and (2) 1219 through telecommunications device for the deaf (TDD) services. 1220 Contractor shall install telephone equipment sufficient to handle the volume of calls 1221 typically experienced on the busiest days and such telephone equipment shall be capable 1222 of recording the responsiveness to each call. 1223
b. Emergency Contact. The Contractor shall provide the City Manager with an 1224 emergency phone number where the Contractor can be reached outside of the required 1225 office hours. 1226

10.021227
a. Qualified Personnel. The Contractor shall employ and assign qualified personnel 1228 to perform the services under this Agreement. The Contractor is responsible for ensuring 1229 that its employees comply with all applicable laws and regulations and meet all federal, 1230 state and local requirements related to their employment and position. 1231 Contractor shall provide suitable operations, health and safety training for all of its 1232 employees who use or operate equipment or who are otherwise directly involved in 1233 collection or other related operations. 1234
Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, 1235 management and other personnel as may be necessary to provide the services required by 1236 this Agreement in a satisfactory, safe, economical and efficient manner. If additional 1237 personnel are required to meet the service specifications of this Agreement, Contractor 1238 shall provide such additional personnel. 1239
b. Personnel Identification1240
come into direct contact with the public, including drivers, shall bear some means of 1241 individual photographic identification such as a name tag or identification card. 1242 c. . All drivers shall be trained and qualified in the operation 1243 of vehicles they operate and must posses a valid license, of the appropriate class, issued 1244 by the California Department of Motor Vehicles. Each driver of a collection vehicle shall 1245 B33
Amended and Restated Agreement for Collection Services
30 at all times comply with all applicable state and federal laws, regulations and 1246 requirements. 1247
d. Customer Service Personnel. Contractor shall employ and provide ongoing 1248 training to the number of customer service representatives (CSRs) necessary to provide 1249 an excellent level of customer service. The primary responsibility of the CSRs is 1250 answering and addressing telephone and e-mail requests including for, but not limited to, 1251 new service, service changes, missed-pickups and other service-related complaints and 1252 billing inquiries. CSRs shall be fully trained to address the entire range of customer 1253 service issues and shall be fully trained in the use of telecommunications devices for the 1254 deaf services to communicate with hearing-impaired customers. 1255 e. Employee Courtesy. Contractor shall train its employees in customer courtesy, 1256 shall prohibit the use of loud or profane language, and shall instruct collection crews to 1257 perform the work quietly. Contractor shall use its best efforts to assure that all employees 1258 present a neat appearance and conduct themselves in a courteous manner. If any 1259 employee is found to be discourteous or not to be performing services in the manner 1260 required by this Agreement, Contractor shall take all necessary corrective measures 1261 including, but not limited to, transfer, discipline or termination. 1262 f. Employee Gratuities. Contractor shall not, nor shall it permit any agent, 1263 employee, or subcontractors employed by it to request, solicit, demand, or accept, either 1264 directly or indirectly, any extra compensation or gratuity. 1265

10.03 Collection Equipment. 1266
a. General Provisions. All equipment used by Contractor in the performance of 1267 services under this Agreement shall be of a high quality. The vehicles shall be designed 1268 and operated so as to prevent collected materials from escaping from the vehicles. 1269 Hoppers shall be closed on top and on all sides with screening material to prevent 1270 collected materials from leaking, blowing or falling from the vehicles. All trucks and 1271 containers shall be watertight and shall be operated so that liquids do not spill during 1272 collection or in transit. 1273
b. Registration. All vehicles used by Contractor in providing collection services, 1274 1275
California Department of Motor Vehicles. 1276
c. Requirements for Equipment. The Contractor shall keep its vehicles in good order 1277 and repair. The Contractor shall clean and wash the trucks at a sufficient frequency to 1278 keep them clean and neat at all times. The cab and forepart of each truck shall be a 1279 uniform color. The Contractor shall paint its name on the side of each truck. The 1280 Contractor shall at all times possess and maintain adequate equipment to perform this 1281 Agreement. 1282
d. Reserve Equipment. The Contractor shall have available to it, at all times, reserve 1283 collection equipment which can be put into service and operation within one hour of any 1284 breakdown. Such reserve equipment shall correspond in size and capacity to the 1285 equipment used by the Contractor to perform the contractual duties. 1286 e. Vehicle Inspections. Contractor shall inspect each vehicle daily to ensure that all 1287 equipment is operating properly. Vehicles which are not operating properly shall be taken 1288 out of service until they are repaired and do operate properly. Contractor shall perform 1289 B34
Amended and Restated Agreement for Collection Services
31 all scheduled maintenance fu1290
and schedule. Contractor shall keep accurate records of all vehicle maintenance, recorded 1291 according to date and mileage and shall make such records available to the City upon 1292 request. 1293
f. Operation . Vehicles shall be operated in compliance with the California Vehicle 1294 Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in 1295 1296
weight restrictions on vehicles. 1297
g. Low Emissions Requirement. Contractor shall convert or retrofit its collection 1298 fleet to use the most cost-effective means to reduce air pollutant emissions and be in full 1299 compliance with local, state and federal clean air requirements, including, but by no 1300 means limited to, the proposed California Air Resources Board Heavy Duty Engine 1301 1302
Highway Diesel Fuel Sulfur regulations. 1303
1304
reflect a combination of continued use of existing vehicles, immediate purchase of new 1305 vehicles, and additional introduction of new vehicles during the term of the Agreement. 1306 It is i1307
occasional additional purchase of vehicles during this Agreement, will allow Contractor 1308 to meet the applicable low emissions or clean air requirements, without additional 1309 replacement or major modification of the newly purchased vehicles. Should the 1310 1311
repair materially change due to the requirements of this subsection 10.03.g. from those 1312 negotiated and agreed upon, the additional costs shall not be treated as extraordinary 1313 costs providing a basis for a rate adjustment, but shall be treated as a disallowed expense 1314 for purposes of setting collection rates. 1315
If, and only if, a material change in law after the date of this Agreement requires that the 1316 vehicles purchased during the term of this Agreement must be modified or replaced to 1317 meet new clean air requirements, Contractor may apply for a special rate adjustment 1318 pursuant to Section 5.07 (Significantly Changed Circumstances) of this Agreement. 1319 Knowledge shall be imputed to Contractor of the current and proposed regulations, both 1320 state and federal, relating to clean fuel and/or low emissions requirements for Solid waste 1321 or similar vehicles which are in effect or expected to become effective during the term of 1322 this Agreement. Any impact from such current or proposed regulations shall not 1323 constitute a material change in law. 1324
1325
B35
Amended and Restated Agreement for Collection Services
32 Article 11. Record Keeping and Reporting Requirements 1326

11.01 Records, Reports and Compilations.1327
a. Confidentiality. Certain financial records and data prepared by Contractor or its 1328 Affiliates, relating to the cost of Contractor providing services under this Agreement, 1329 may contain or constitute confidential trade secret information which is proprietary to 1330 Contractor or its Affiliates. Contractor shall designate any such information as 1331 1332
maintain the confidentiality of such records and data to the full extent permitted by law. 1333 The City agrees to notify Contractor of any request from any third party files legal action 1334 against the City seeking release of such records and data, City shall tender the defense of 1335 such action to Contractor and Contractor shall indemnify and hold the City harmless from 1336 any and all expenses associated with the defense of such action, including, without 1337 1338
judgments against the City. 1339
b. Records . Contractor shall maintain such accounting, statistical and other records 1340 related to its performance under this Agreement as shall be necessary to develop the 1341 financial statements and other reports required by this Agreement. Also, Contractor1342 agrees to take direction from the City on matters related to this Agreement, conduct data 1343 collection, information and record keeping, and reporting activities needed to comply 1344 with applicable laws and regulations and to meet the reporting and Solid waste program 1345 management needs of the City and AB 939. To this extent, such requirements set out in 1346 this and other articles of this Agreement shall not be considered limiting or necessarily 1347 complete. In particular, this article is intended to only highlight the general nature of 1348 records and reports and is not meant to define exactly what the records and reports are to 1349 be and their content. Further, with the written direction or approval of the City Manager, 1350 the records and reports to be maintained and provided by Contractor in accordance with 1351 this and other articles of the Agreement may be adjusted in number, format, or frequency. 1352 c. Records Access. The City may designate one or more City employee(s) or 1353 independent contractor(s) who shall have full access to th1354 1355
subject to such reasonable disclosure limitation as may be necessary to protect 1356 , shall be negotiated in good 1357
faith between Contractor and the City and commemorated in a separate legally binding 1358 document.1359
d. Compiled Financial Statements. Contractor shall furnish to the designated 1360 employees or independent contractors a compilation prepared by Contractor, which shall 1361 include: 1362
an examination of the consolidated balance sheets; 1363 statement of income; 1364
retained earnings; 1365
statement of changes in financial position and/or statement of cash flows of 1366 Contractor and its subsidiaries, reflecting all revenues derived by Contractor 1367 from the provision of collection services under this Agreement; 1368 B36
Amended and Restated Agreement for Collection Services
33 information needed by the City or its consultant for reporting to the Waste 1369 Management Board; and 1370
such schedules or additional statements as may be required to reasonably 1371 evaluate all costs and revenues attributable to, or derived from, operations under 1372 this Agreement. 1373
The compilation shall be furnished to the City within 30 days if a request by City is made 1374 in writing. 1375
e. Inspection of Records. The designated City employees or independent contractors 1376 shall have the right to inspect and review the books, records and accounts of Contractor, 1377 1378
documents or records required under this Agreement, at all times during the term of this 1379 Agreement. 1380
f. . The Contractor shall notify 1381
the City of the expiration dates for all labor contracts and inform the City of any issues 1382 relating t1383
perform under the terms of this Agreement. 1384
g. Statement of Number of Customers. The Contractor shall furnish to the City semi-1385 annually a signed statement setting forth the Co1386
MFD customers, commercial and industrial customers in the City as of the date of the 1387 statement. The statement shall also indicate the breakdown of the number of MFD, 1388 commercial and industrial customers receiving Recycling and Green waste collection 1389 services. 1390

11.02 Record Retention. Contractor shall maintain any and all letters, books of account, 1391 invoices, vouchers, canceled checks, and other records or documents evidencing or relating to 1392 charges for services or expenditures and disbursements charged to under this Agreement. 1393 Contractor shall retain all such records for at least three years after termination or expiration of 1394 this Agreement. 1395
Contractor shall maintain all documents and records under this Agreement and shall make such 1396 documents and records available for inspection or audit, at any time during regular business 1397 hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated 1398 representative of any of them. Copies of such documents shall be provided to the City for 1399 inspection at the City offices when it is practical to do so. Otherwise, unless an alternative site is 1400 1401
of notices in this Agreement. 1402
Where City has reason to believe that such records or documents may be lost or discarded due to 1403 1404
request or demand of any of the above named officers, require that custody of the records be 1405 given to City and that the records and documents be maintained in City Hall. Access to such 1406 sequestered records and documents shall be granted to any party authorized by Contractor, 1407 -in-interest. 1408
All records under the 2005 Agreement shall be available for inspection and audit and maintained 1409 for a period of three years after the effective date of this Agreement. 1410 B37
Amended and Restated Agreement for Collection Services
34 11.03 Additional Reporting. The Contractor shall furnish the City with any additional reports 1411 as may reasonably be required, such reports to be prepared within a reasonable time following 1412 the reporting period. 1413
Records shall be maintained in forms and by methods that facilitate flexible use of data 1414 contained in them to structure reports, as needed. Reports are intended to compile recorded data 1415 into useful forms of information that can be used to, among other things: 1416 a. Evaluate past and expected progress towards achieving goals and objectives; 1417 b. Determine needs for adjustment to programs; and, 1418 c. Evaluate customer service and complaints. 1419

11.04 Solid waste Records. Upon request by City, Contractor shall maintain Solid waste 1420 service and diversion records for all services provided within City relating to: 1421 a. Customer services and billing information (including names and addresses); 1422 b. Monthly tonnage figures by City for Solid waste collected, transferred, processed 1423 and disposed of by the Contractor, and by type of generator (commercial, industrial, 1424 multi-family, and residential). 1425
c. Residential on-call clean-up tonnages disposed and diverted and the number of 1426 clean-ups completed; 1427
d. City services by agency, including City facilities and special events at which 1428 collection occurs; 1429
e. Routes and route maps; 1430
f. Facilities, equipment and personnel used; 1431
g. Processing and disposal of Solid waste; 1432
h. Complaints; 1433
i. Missed pick ups; 1434
j. C&D diversion; 1435
k. Transfer station diversion; 1436
l. Landfill diversion; 1437
m. Holiday tree tonnage; 1438
n. E-waste tonnage collected; 1439
o. Bulky Items diverted tonnage. 1440
p. Litter/Illegal Dumping debris collected 1441

11.05 CERCLA Disposal Records. City views the ability to defend against Comprehensive 1442 Environmental Response, Compensation and Liability Act (CERCLA) and related litigation as a1443 matter of great importance. For this reason, the City regards the ability to prove where Solid 1444 waste collected in the City was taken for transfer or disposal, as well as where it was not taken, 1445 to be matters of concern. Contractor shall maintain, retain and preserve records which can 1446 establish where Solid waste collected in the City was disposed (and therefore establish where it 1447 was not) under this Agreement and the 2005 Agreement. This provision shall survive the 1448 expiration or earlier termination of this Agreement and the 2005 Agreement. Contractor shall 1449 B38
Amended and Restated Agreement for Collection Services
35 maintain these records for a minimum of ten years beyond expiration or earlier termination of 1450 this Agreement, in an organized and indexed manner, and whether in physical (e.g. weigh tickets) 1451 and/or electronic form. City, however may elect to obtain such physical and electronic records at 1452 the expiration of the Agreement, or upon termination. 1453 1454
B39
Amended and Restated Agreement for Collection Services
36 Article 12. Service Inquiries, Complaints and Quality of Service. 1455

12.01 Service Inquiries and Complaints. 1456
a. Inquiries and Complaints. All service inquiries and complaints shall be directed 1457 to the Contractor. A representative of the Contractor shall be available to receive the 1458 complaints during normal business hours. All service complaints will be handled by the 1459 Contractor in a courteous, prompt and efficient manner. If there is a dispute between the 1460 Contractor and a customer, the matter will be reviewed and a decision made by the City 1461 Manager. 1462
b. Customer Service Log. The Contractor will utilize the customer service log to 1463 maintain a record of all inquiries and complaints, in a manner prescribed by the City. 1464 City may obtain a copy of a service log or inspect same at any time during normal 1465 business hours. 1466
c. Resolving Disputes. Contractor agrees that it is in the best interest of the City that 1467 all residential waste and Recyclable materials be collected on the scheduled collection 1468 day. Accordingly, missed collections will normally be collected as set forth in Articles 7 1469 and 8 above regardless of the reason that the collection was missed. However, if a 1470 customer requests missed collection service more than two times in any consecutive two 1471 month period, the City Manager will work with the Contractor to determine an 1472 appropriate resolution to that situation. If the Contractor believes a complaint to be 1473 without merit, the Contractor shall notify the City Manager, either by fax or e-mail. The 1474 City Manager will investigate all disputed complaints and render a decision. 1475

12.02. Quality of Service. 1476
a. Intent . Contra1477
entering into this Agreement is to ensure that the collection services are of the highest 1478 caliber, that customer satisfaction remains at the highest level, that maximum diversion 1479 levels are achieved, and that materials collected are put to the highest and best use. 1480 b. Liquidated Damages1481
Agreement in such a manner as to implement the goals set forth in subsection a. above. 1482 If Contractor fails to adequately perform the services set forth in this Agreement, City 1483 and its residents will be damaged, disadvantaged or denied the full benefit intended by 1484 the terms of this Agreement. City finds, and Contractor agrees, that as of the time of the 1485 execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain 1486 the extent of damages which shall be incurred by City as a result of a breach by 1487 Contractor of its obligations under this Agreement. The factors relating to the 1488 impracticability of ascertaining damages include, but are not limited to, the fact that: (i) 1489 substantial damage results to members of the public who are denied services or denied 1490 quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, 1491 and deprivation of the benefits of the Agreement to individual members of the general 1492 public for whose benefit this Agreement exists, in subjective ways and in varying degrees 1493 of intensity which are incapable of measurement in precise monetary terms; (iii) that 1494 services might be available at substantially lower costs than alternative services and the 1495 monetary loss resulting from denial of services or denial of quality or reliable services is 1496 impossible to calculate in precise monetary terms; and (iv) the termination of this 1497 Agreement for such breaches, and other remedies is, at best, a means of future correction 1498 B40
Amended and Restated Agreement for Collection Services
37 and not remedies which make the public whole for past breaches. However, a single 1499 breach or pattern of breaches may result in the termination of this Agreement as described 1500 in Section 14.02. 1501
c. Service Performance Standards; Liquidated Damages for Failure to Meet 1502 Standards. The parties further acknowledge that consistent, reliable Solid waste 1503 collection service is of utmost importance to City and that City has considered and relied 1504 1505
Agreement to it. The parties further recognize that some quantified standards of 1506 performance are necessary and appropriate to ensure consistent and reliable service and 1507 performance. The parties further recognize that if Contractor fails to achieve the 1508 performance standards, or fails to submit required documents in a timely manner, City 1509 and its residents will suffer damages and that it is and will be impractical and extremely 1510 difficult to ascertain and determine the exact amount of damages that City will suffer. 1511 -performance as an event of 1512
default under this Article 12, the parties agree that the following liquidated damage 1513 amounts represent a reasonable estimate of the amount of such damages considering all 1514 of the circumstances existing on the date of this Agreement, including the relationship of 1515 the sums to the range of harm to City that reasonably could be anticipated and the 1516 anticipation that proof of actual damages would be costly or inconvenient. In placing 1517 their initials at the places provided, each party specifically confirms the accuracy of the 1518 statements made above and the fact that each party has had ample opportunity to consult 1519 with legal counsel and obtain an explanation of the liquidated damage provisions at the 1520 time that the Agreement was made. 1521
Contractor City 1522
Initial Here _______ Initial Here ________ 1523
Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set 1524 forth below: 1525
1526
1527
a. Failure to promptly repair damage to customer property caused by Contractor or its personnel.
$500.00 per incident per
location.
b. Failure to maintain or timely submit to City all documents and reports required under the provisions of this
Agreement.
$500.00 per incident per
day.
c. Failure to comply with the hours of operation as required by this Agreement.
$500.00 per incident per
day.
d. Failure or neglect to complete at least ninety percent (90%) of each route on the regular scheduled collection service work day.
$1,000.00 for each route not
completed.
e. For each failure to collect Solid waste, that has been properly set out for collection, from an established
customer account on the scheduled collection day and not thereafter collected within one working day.
$150.00
B41
Amended and Restated Agreement for Collection Services
38 f. For each failure to forward unresolved customer complaints to City pursuant to Section 12.01 (c)
$500.00
g. Failure to provide cart (s), bins(s) or containers to an existing customer on next service day and new customer
within three days.
$200.00
h. For each failure to provide an on-call cleanup as provided in Section 7.08, 7.09, 8.04, 8.05
$150.00
i. Failure to provide collection as required for City-sponsored special events as provided for in Section 4.11.
$1,000.00 per event.
j.

Keeping fraudulent or inaccurate records or providing
fraudulent records with regard to customer complaint
logging, tracking and resolution.
$10,000 per incident
k. Failure to maintain an accurate customer complaint log or accurate records.
$200.00
1528
Prior to assessing liquidated damages, the City shall give Contractor written notice of any 1529 alleged breach of this Agreement that the City believes justifies the imposition of 1530 liquidated damages. Contractor shall have ten (10) days after its receipt of said notice to 1531 1532
to correct or cure the breach, then the City may thereafter impose liquidated damages on 1533 Contractor for any breaches occurring after the ten day notice period and those listed in 1534 the written notice and consistent with the other provisions of this Agreement. 1535 1536
d. Procedure for Review of Liquidated Damages. The City Manager may assess 1537 liquidated damages under this Article 12 on a monthly or less frequent basis. At the end 1538 1539
a1540
The assessment shall become final unless, within ten calendar days of the date of the 1541 notice of assessment, Contractor provides a written request for a meeting with the City 1542 Manager to present evidence that the assessment should not be made. 1543 1544
The City Manager shall schedule a meeting between Contractor and the City Manager as 1545 1546
Manager shall r1547
the administrative charges as soon as reasonably possible after the meeting. Written 1548 notice of the decision shall be 1549
decision may be taken to the Board of Administrative Appeals pursuant to procedures set 1550 forth in AMC Chapter 4 of Title 1. 1551
1552
B42
Amended and Restated Agreement for Collection Services
39 If Contractor does not submit a written request for a meeting within ten calendar days of 1553 the date of the notice of assessment, the City M1554
Contractor shall make payment within five calendar days. 1555 1556
exercising any other right or remedy, including the right to terminate this Agreement, for 1557 1558
Agreement. 1559

12.03 City Cost Recovery. In addition to the liquidated damages and other remedies set forth 1560 herein, the City may bill the Contractor for fees and costs associated with addressing issues 1561 related to verified franchise violations that have not been remedied by the Contractor within a 1562 reasonable period of time, and City efforts to resolve complaints against Contractor. In instances 1563 where no liquidated damage is provided for, or no liquidated damage is imposed, and the 1564 Contractor remains in non-compliance after the City has given Contractor reasonable time to 1565 resolve the complaints, the City may require Contractor to reimburse City for the reasonable 1566 costs associated with City staff addressing verified violations of the Agreement, including, but 1567 not limited to, failures to properly resolve customer complaints and activities undertaken to force 1568 the terms of this Agreement. The costs to be recovered may include fully loaded personnel costs, 1569 direct costs incurred by the City, and third party costs incurred by the City when reasonably 1570 1571

12.04 Performance Review.City may at its sole discretion hold a public hearing at which 1572 Contractor shall be present and shall participate, to review its collection system services and 1573 performance. Performance review hearings may be scheduled by City at any time deemed 1574 appropriate by City. The purpose of the hearing is to provide for a discussion and review of 1575 technological, economic, and regulatory changes in order to achieve a continuing, advanced 1576 Solid waste system; and to ensure services are being provided with adequate quality, 1577 effectiveness and economy. City may require Contractor to distribute a customer satisfaction 1578 survey to all customers receiving service under this Agreement, which survey shall be approved 1579 by City prior to distribution. 1580
Topics for discussion and review at the performance review hearing may include, but shall not be 1581 limited to, services provided, feasibility of providing new services, application of new 1582 technologies, customer complaints, amendments to this Agreement, developments in the law, 1583 new initiatives for 1584
performance. City and Contractor may each select additional topics for discussion at any 1585 performance review hearing. 1586
rt to City indicating the 1587
following: 1588
a. Analysis of results of customer satisfaction survey, broken down by 1589 customer category and level of service. 1590
b.1591
continue to meet the goals of AB 939 and to contain costs and minimize impacts 1592 on rates. 1593
c. Any specific plans for provision of changed or new services by 1594 Contractor, including modifications to service to meet changing circumstances 1595 and customer preferences. 1596
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Amended and Restated Agreement for Collection Services
40 This report shall be reviewed in a public hearing(s). Contractor may submit other relevant 1597 performance information and reports for consideration. City may request Contractor to submit 1598 additional specific information for the hearing. In addition, any customer may submit comments 1599 or complaints during or before the hearing, either orally or in writing, and these shall be 1600 considered. 1601
Not later than 60 days after the conclusion of each performance review hearing, City may issue a 1602 report. As a result of the review, City may require Contractor to provide expanded or new 1603 services within a reasonable time and for reasonable rates and compensation and City may direct 1604 or take corrective actions for any performance inadequacies.1605 1606
B44
Amended and Restated Agreement for Collection Services
41 Article 13. Performance Bond; Insurance; Indemnification. 1607

13.01 Performance Bond. Upon execution of this Agreement, the Contractor shall furnish to 1608 the City, and keep current, a performance bond, or other form of financial assurance acceptable 1609 to City, in the amount of $25,000 for faithful performance of this Agreement; however, if 1610 Contractor proposes to assign this Agreement the amount of performance bond may be 1611 unilaterally increased by City roughly equal to three months revenue under this Agreement for 1612 the faithful performance of its terms. 1613

13.02 Insurance.1614
a. Insurance Policies. Contractor shall secure and maintain throughout the term of 1615 this Agreement, insurance against claims for injuries to persons or damages to property 1616 1617
unde1618
1619
b. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1620

1. The most recent editions of Insurance Services Office form number GL 1621 0002 covering Commercial or Comprehensive General Liability and Insurance 1622 Services Office form number GL 0404 covering Broad Form Comprehensive 1623 General Liability; or Insurance Services Office Commercial General Liability 1624 1625

2. The most recent editions of Insurance Services Office form number CA 1626 1627
0025. 1628

3. Labor Code of the 1629
1630
c. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1631

1. Commercial or Comprehensive General Liability: $5,000,000 combined 1632 single limit per occurrence for bodily injury, personal injury and property damage. 1633

2. Automobile Liability: $5,000,000 combined single limit per accident for 1634 bodily injury and property damage. 1635

3.1636
limits as required by the Labor Code of the State of California and Employers 1637 Liability limits of $1,000,000 per accident. 1638
e. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, 1639 the following provisions: 1640

1. General Liability and Automobile Liability Coverages: 1641 (a) The City, its officials, directors, employees and volunteers are to be 1642 covered as additional insureds as respects: liability arising out of activities 1643 performed by or on behalf of Contractor; products and completed 1644 operations of Contractor; premises owned, leased or used by Contractor; 1645 or automobiles owned, leased, hired or borrowed by Contractor. The 1646 B45
Amended and Restated Agreement for Collection Services
42 coverage shall contain no special limitations on the scope of protection 1647 afforded to the City, its officials, directors, employees or volunteers. 1648 (b) 1649
respects City, its officials, employees and volunteers. Any insurance or 1650 self-insurance maintained by City, its officials, employees or volunteers 1651 ance and shall not contribute with it. 1652
(c) Any failure to comply with reporting provisions of the policies 1653 shall not affect coverage provided to City, its officials, employees or 1654 volunteers. 1655
(d) 1656
separately to each insured against whom claim is made or suit is brought, 1657 1658

2. . The insurer 1659
shall agree to waive all rights of subrogation against City, its officials, employees 1660 and volunteers for losses arising from work performed by Contractor for City 1661 except for the sole negligence of City. 1662

3. All Coverages. Each insurance policy required by this clause shall be 1663 endorsed to state that the coverage shall not be suspended, voided, canceled by 1664 1665
receipts requested, has been given to City. 1666
f. Acceptability of Insurers. The insurance policies required by this section shall be 1667 issued by an insurance company or companies admitted to do business in the State of 1668 1669
category VII or larger and a rating classification of A or better. To the extent permitted by 1670 law, all or any part of the required insurance may be provided under a plan of self-1671 insurance. 1672
g. Verification of Coverage. Contractor shall annually furnish City with certificates 1673 of insurance and with original endorsements affecting coverage required by this clause. 1674 The certificates and endorsements for each insurance policy are to be signed by a person 1675 authorized by that insurer to bind coverage on its behalf. The certificates and 1676 endorsements are to be on forms provided by or acceptable to City and are to be received 1677 and approved by City before work commences. 1678
h. Subcontractor. Contractor shall include all subcontractors as insureds under its 1679 policies or shall furnish separate certificates and endorsements for each subcontractor. All 1680 coverages for subcontractors shall be subject to all of the requirements stated herein. 1681 i. Rights of Subrogation. All required insurance policies shall preclude any 1682 1683
negligence of City with the express intention of the parties being that the required 1684 insurance coverage protects both parties as the primary coverage for any and all losses 1685 covered by the above-described insurance. Contractor shall ensure that any companies 1686 issuing insurance to cover the requirements contained in this Agreement agree that they 1687 shall have no recourse against City for payment or assessments in any form on any policy 1688 1689
B46
Amended and Restated Agreement for Collection Services
43 1690
named as an additional insured shall not apply to City. 1691

13.03 Indemnification. 1692
a. Indemnification. Contractor shall indemnify, defend and hold harmless City, its 1693 1694
and against any and all loss, liability, penalty, forfeiture, claim, demand, action, 1695 proceeding or suit of any and every kind and description (including, but not limited to, 1696 injury to and death of any person and damage to property, or for contribution or 1697 indemnity claimed by third parties) arising or resulting from and in any way connected 1698 with: 1699
(1) the alleged negligence or willful misconduct of Contractor, its officers, 1700 employees, agents and/or subcontractors in performing services under this 1701 Agreement; 1702
(2) the failure of Contractor, its officers, employees, agents and/or applicable laws 1703 (including, without limitation, environmental laws) and regulations, and/or 1704 applicable permits and licenses; 1705
(3) the acts of Contractor, its officers, employees, agents and/or subcontractors in 1706 performing collection services under this Agreement for which strict liability is 1707 imposed by law (including, without limitation, environmental laws). 1708 1709
The foregoing indemnity applies regardless of whether the loss, liability, penalty, 1710 forfeiture, claim, demand, action, proceeding, suit, injury, death or damage is also caused 1711 1712
exclude coverage for intentional wrongful acts and active negligence of indemnities. 1713 Contractor further agrees to and shal1714
expense, defend (with attorneys acceptable to the City) the City, its officers, directors, 1715 employees, and agents against any claims, actions, suits or other proceedings, whether 1716 judicial, quasi-judicial or administrative in nature, arising or resulting from any events 1717 described in the immediately preceding paragraph. 1718 1719
termination of this Agreement. 1720
b. Hazardous Substances Indemnification. Contractor shall indemnify, defend with 1721 counsel selected by City, protect and hold harmless the City, its officers, directors, 1722 1723
claims, damages (including but not limited to special, consequential, natural resources 1724 and punitive damages), injuries, costs, (including without limit any and all responses, 1725 remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, 1726 suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses 1727 1728
connection with defending against any of the foregoing or in enforcing this indemnity), 1729 (col1730
asserted against, indemnitees arising from or attributable to the acts or omissions of 1731 Contractor, its officers, directors, employees, companies or agents, whether or not 1732 negligent or otherwise culpable, in connection with or related to the performance of this 1733 B47
Amended and Restated Agreement for Collection Services
44 Agreement, including without limit damages arising from or attributable to any 1734 operations, repair, clean-up or detoxification, or preparation and implementation of any 1735 removal, remedial, response, closure, post-closure or other plan (regardless of whether 1736 undertaken due to governmental action) concerning any hazardous substance, hazardous 1737 1738
Contractor transports, processes, stores or disposes of the Solid waste, and/or 1739 construction and street debris, or other waste collected under this Agreement. This 1740 indemnity afforded indemnitees, shall only be limited to exclude coverage for intentional 1741 wrongful acts and active negligence of indemnitees. The foregoing indemnity is intended 1742 to operate as an agreement pursuant to Section 107(e) of the Comprehensive 1743 Environmental Response, Compensation and Liability Act, CERCLA, 42 USC §9607(e) 1744 and California Health and Safety Code §25364, to defend, protect, hold harmless, and 1745 indemnify City from liability. This provision is in addition to all other provision in this 1746 Agreement and is intended to survive the end of the term of this Agreement. Nothing in 1747 this paragraph shall prevent the Contractor from seeking indemnification or contribution 1748 from persons or entities other than indemnitees, for any liabilities incurred by the 1749 Contractor, or the indemnitees. As appropriate, the parent company should provide the 1750 guarantees necessary to meet this provision. All costs of Contractor incurred in providing 1751 this indemnification and in defense of itself and related party entities, shall be disallowed 1752 for purposes of setting rates under this Agreement. 1753 c. Proposition 218 Indemnification. City intends to comply with all applicable laws 1754 concerning the setting of maximum rates under this Agreement. Nonetheless, Contractor 1755 shall indemnify, defend and hold harmless the City, their officers, employees, agents and 1756 volunteers, (collectively, indemnitees) from and against all claims, damages, injuries, 1757 losses, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or 1758 administrative proceedings, interest fines, charges, penalties and expenses (including 1759 attorneysand expert witness fees, expenditures for investigation, and administration) and 1760 costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or 1761 assessed against Contractor or any of the indemnitees resulting in any form from the 1762 Citys setting of maximum rates for service under this Agreement or in connection with 1763 the application of California Constitution Article XIIIC and Article XIIID to the 1764 imposition, payment or collection of rates and fees for services provided by Contractor 1765 under this Agreement. Nothing herein is intended to imply that California Constitution 1766 Articles XIIIC or XIIID, apply to the setting of rates for the services provided under this 1767 Agreement, rather this section is provided merely to allocate risk of loss as between the 1768 parties. 1769
d. AB 939/SB1016 Indemnification. The Contractor agrees to indemnify and hold 1770 harmless City, its officers, directors, employees and agents from and against all fines 1771 and/or penalties imposed by the CalRecycle if the source reduction and recycling goals or 1772 any other requirement of AB 939/SB1016 or any future diversion or disposal 1773 requirements are not met by City with respect to the waste stream collected under this 1774 Agreement and such failure is due to the failure of Contractor to meet any obligation 1775 under this Agreement, including delays in providing information that prevents City from 1776 submitting reports required by AB 939/SB1016 in a timely manner. 1777 In interpreting the foregoing AB 939/SB1016 indemnification provision, Contractor and 1778 City are cognizant of Public Resources Code 40059.1 and agree that the intent of this 1779 Agreement is to provide Contractor with the breadth of rights and responsibilities to 1780 B48
Amended and Restated Agreement for Collection Services
45 allow the City to meet its AB 939 diversion requirements through implementation of 1781 programs. The program and services to be carried out by Contractor under 1782 this Agreement, as more particularly outlined in the service specifications (Exhibit A), 1783 are intended and expected to allow the City to meet its AB 939 diversion requirements, 1784 provided all programs are carried out consistently and competently, and with an 1785 aggressive program of outreach and customer education. Reliance by the City on 1786 1787
ance with AB 939 diversion requirements constitutes a material 1788 consideration for City to grant the exclusive rights and privileges contained herein. 1789 1790
B49
Amended and Restated Agreement for Collection Services
46 ARTICLE 14. DEFAULT AND REMEDIES 1791

14.01 Events of Default. All provisions of the franchise and this Agreement to be performed 1792 by Contractor are considered material. Each of the following shall constitute an event of default. 1793 a. Fraud or Deceit. If Contractor practices, or attempts to practice, any fraud and/or 1794 deceit upon City. 1795
b. Repeated Pattern of Breaches. If there is a pattern of breaches over time such that 1796 in combination, they constitute a significant failure by Contractor to perform its 1797 obligations. 1798
c. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling 1799 to pay its debts, or upon listing of an order for relief in favor of Contractor in a 1800 bankruptcy proceeding. 1801
d. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full 1802 coverage as 1803
required by this Agreement. 1804
e. Violations of Regulation. If Contractor, its facilities, transfer station or disposal 1805 site, fall out of full regulatory compliance or Contractor violates any permits, orders or 1806 filings of any regulatory body having jurisdiction over Contractor which violation or non-1807 1808
provided that Contractor may contest any such orders or filings by appropriate 1809 proceedings conducted in good faith, in which case no breach of the Agreement shall be 1810 deemed to have occurred during the pendency of the contestation or appeal, to the extent 1811 Contractor is able to adequately perform during that period. 1812 f. Result of Performance Review. Failure to provide information as requested for a 1813 performance review, or failure to adequately perform as revealed by a performance 1814 review, as provided in Section 12.04. 1815
g. Failure to Perform. If Contractor ceases to provide collection, transfer, transport, 1816 processing, or disposal services as required under this Agreement for a period of two 1817 consecutive business days or more, including without limit, cessation of services due to 1818 work stoppages or slowdowns, strikes, sickouts, picketing or concerted job actions by 1819 s employees. 1820
h. Failure to Pay . If Contractor fails to make any payments required under this 1821 Agreement. 1822
i. Failure to Maintain or Supply Records. If Contractor fails to maintain and/or to 1823 provide City with required information, reports, and/or records in a timely manner as 1824 provided for in this Agreement. 1825
j. False or Misleading Statements. Any representation or disclosure made to City 1826 by Contractor in connection with or as an inducement to entering into this Agreement, or 1827 any future amendment to this Agreement or in conjunction with any application for a rate 1828 increase, which proves to be false or misleading in any material respect as of the time 1829 such representation or disclosure is made, whether or not any such representation or 1830 disclosure appears as part of this Agreement. 1831
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Amended and Restated Agreement for Collection Services
47 k. Attachment. There is a seizure or attachment of, or levy on, the operating 1832 equipment of Contractor, including without limits its equipment, maintenance or office 1833 facilities, or any part thereof. 1834
l. Failure to Provide Assurance of Performance. If Contractor fails to provide 1835 reasonable assurances of performance as required under Section 13.01. 1836 m. Criminal Activity of Contractor. Should Contractor or any of its officers, 1837 directors or contract manager, or others in position to supervise or influence actions under 1838 1839
1840
deemed to include any judicial determination that 1841
officers, directors or employees is guilty, and any admission of guilt by Contractor, or 1842 1843
1844
bargain. Such felonious conduct includes, but is not limited to any activities related to or 1845 carried out pursuant to this Agreement for: (i) price fixing, (ii) illegal transport or 1846 disposal of hazardous or toxic materials, (iii) bribery of public officials, or (iv) fraud or 1847 tampering. In the event of felonious conduct, City reserves the right to exercise one or 1848 more of the remedies specified below in Section 14.02. Such action shall be taken after 1849 Contractor has been given notice and an opportunity to present evidence in mitigation. 1850 n. Assignment. Contractor assigns this Agreement in violation of Section 16.08. 1851 Contractor shall be given two business days from notification by the City to cure any default 1852 arising under subsections g, h, i, k, and l provided, however that the City shall not be obligated to 1853 provide Contractor with a notice and cure opportunity if the Contractor has committed the same 1854 or similar breach within a twenty-four month period. 1855 However, notwithstanding anything contained herein to the contrary, for the failure of the 1856 Contractor to provide collection services for a period of two consecutive work days, the City 1857 interim collection 1858
services until the matter is resolved and the Contractor is again able to perform under this 1859 Agreement; provided, however, if the Contractor is unable for any reason to resume performance 1860 at the end of 30 calendar days all liability of the City under this Agreement to the Contractor 1861 shall cease and this Agreement may be deemed terminated by the City. Interim collection service 1862 may be provided by City, or a designated third party, pursuant to Section 14.08 of the Agreement, 1863 or otherwise. 1864

14.02 Right to Terminate Upon Default 1865
1866
1867
said default within ten (10) days of said notice, the City Manager shall have the right to terminate 1868 this Agreement upon a ten business days notice if the public health or safety is threatened, 1869 without the need for any hearing, suit or legal action. If public health or safety is not immediately 1870 threatened the City Council may terminate after a hearing and subsequent thirty days notice of 1871 the decision to terminate, without need for further hearing, suit or legal action. This right of 1872 termination is in addition to any other rights of City upon a failure of Contractor to perform its 1873 obligations under this Agreement. 1874
1875
hall not constitute an 1876
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Amended and Restated Agreement for Collection Services
48 election of remedies. Instead, they shall be in addition to any and all other legal and equitable 1877 rights and remedies which City may have. 1878
By virtue of the nature of this Agreement, the urgency of timely continuous and high-quality 1879 service, the lead time required to effect alternative service, and the rights granted by City to 1880 Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall 1881 be entitled to injunctive relief. 1882

14.03 Effective Date. In the event of the events specified above, and except as otherwise 1883 1884
written notice to the Contractor and upon that date this Agreement shall be deemed immediately 1885 terminated. Upon such termination all liability of the City under this Agreement to the 1886 Contractor shall cease, and the City shall have the right to call the performance bond and shall be 1887 free to negotiate with other contractors for the operation of the collection services. The 1888 Contractor for failure to perform shall reimburse the City all direct and indirect costs of 1889 providing interim collection services. 1890

14.04 Termination Cumulative1891
any other rights and remedies provided by law or by this Agreement. 1892

14.05 Excuse from Performance. The parties shall be excused from performing their 1893 respective obligations hereunder in the event they are prevented from so performing by reason of 1894 floods, earth1895
(including judicial action) and other similar catastrophic events, which are beyond the control of 1896 and not the fault of the party claiming excuse from performance hereunder. Labor unrest, 1897 including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other 1898 1899
selected facilities is not an excuse from performance and Contractor shall be obligated to 1900 continue to provide service notwithstanding the occurrence of any or all of such events. 1901 The party claiming excuse from performance shall, within two business days after such party has 1902 notice of such cause, give the other party notice of the facts constituting such cause and asserting 1903 its claim to excuse under this section. 1904
1905
excused shall not constitute a default by Contractor under this Agreement. Notwithstanding the 1906 foregoing, however, if Contractor is excused from performing its obligations hereunder for any 1907 of the causes listed in this section for a period of seven calendar days or more, City shall 1908 nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten 1909 1910
1911
this Article will apply. 1912

14.06 Assurance of Performance. City may, at its option and in addition to all other remedies 1913 it may have, demand from Contractor reasonable assurances of timely and proper performance of 1914 this Agreement, in such form and substance as City may require. If Contractor fails or refuses to 1915 provide satisfactory assurances of timely and proper performance in the form and by the date 1916 required by City, such failure or refusal shall be an event of default. 1917 1918
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Amended and Restated Agreement for Collection Services
49 14.07 City Remedies For Contractor Default.1919
City shall have the following rights: 1920
a. Waive Default1921
b. Termination . Terminate the Agreement in accordance with this Article. 1922 c. All Other Available Remedies. In addition to, or in lieu of termination, to 1923 exercise all of its remedies in accordance with this Article and any other remedies at law 1924 and in equity, to which City shall be entitled, according to proof. 1925 d. Damages Survive rmination of 1926
1927
Whether or not City exercises its right to terminate, City shall have the right to: (i) seek 1928 performance by the surety under the letter of credit, performance bond or certificate of 1929 deposit (instrument for securing performance), and (ii) make a claim on any insurance 1930 policy or policies. 1931

14.08 City Right to Perform Service. 1932
a. General . In the event that Contractor, for any reason whatsoever, fails, refuses or 1933 is unable to collect, transfer, transport, process and dispose of any or all Solid waste 1934 which it is required by this Agreement, at the time and in the manner provided in this 1935 Agreement, for a period of more than three business days, and if, as a result thereof, Solid 1936 waste should accumulate in the city to such an extent, in such a manner, or for such a 1937 time that the City should find that such accumulation endangers or menaces the public 1938 health, safety or welfare, then City shall have the right, but not the obligation, upon one 1939 business day prior written notice to Contractor during the period of such emergency as 1940 determined by the City Manager, to perform, or cause to be performed, such services. 1941 b. Billing and Compensation to City. During such time that City is providing Solid 1942 waste services, or causing them to be provided by a third party, Contractor shall bill and 1943 collect payment from all users of the above-mentioned services. Contractor further agrees 1944 that, in such event, it shall reimburse City for any and all costs and expenses incurred by 1945 City in providing the Solid waste service in such a manner and to an extent as would 1946 otherwise be required of Contractor under the terms of this Agreement. Such 1947 reimbursement shall be made from time to time after submission by City to Contractor of 1948 each statement listing such costs and expenses, but in no event later than five (5) business 1949 days from and after each such submission. 1950
c.1951
does not constitute a taking of private property for which compensation must be paid, (2) 1952 will not create any liability on the part of City to Contractor, (including loss of revenue 1953 by Contractor) and (3) does not exempt Contractor from any of the indemnity provisions 1954 of this Agreement, which are meant to extend to circumstances arising under this section. 1955 d.1956
collection services, shall terminate when City determines that such services can be 1957 resumed by Contractor; provided nothing in this section is intended to limit such other 1958 rights as City has under this Article. 1959
1960
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Amended and Restated Agreement for Collection Services
50 Article 15. Modifications to the Agreement 1961

15.01 Modifications. The City shall have the power to make changes in this Agreement as the 1962 result of changes in law, changes in the City of Antioch Municipal Code, or both, to impose new 1963 rules and regulations on the Contractor under this Agreement relative to the scope and methods 1964 of providing collection services as may be 1965
with regard to public welfare, sanitation, health and AB 939. The City shall give the Contractor 1966 notice of any proposed change and an opportunity to be heard concerning those matters. The 1967 scope and method of providing collection services under this Agreement shall also be liberally 1968 construed to include, but not be limited to, the manner, procedures, operations and obligations, 1969 financial or otherwise, of the Contractor. 1970

15.02 Change in Law. The City and the Contractor understand and agree that the California 1971 Legislature and other regulatory bodies have the authority to make comprehensive changes in 1972 Solid waste management legislation and that these and other changes in law in the future which 1973 mandate certain actions or programs for counties or municipalities may require changes or 1974 modifications in some of the terms, conditions or obligations under this Agreement. The 1975 Contractor agrees that the terms and provisions of the City of Antioch Municipal Code, as it now 1976 exists or as it may be amended, shall apply to all of the provisions of this Agreement. 1977 1978
Nothing in this Agreement requires any party to perform any act or function contrary to law. The 1979 City and Contractor agree to enter into good faith negotiations regarding modifications to this 1980 Agreement which may be required in order to implement changes in the interest of the public 1981 welfare or due to change in law. When such modifications are made to this Agreement, the City 1982 and the Contractor shall negotiate in good faith, a reasonable and appropriate compensation 1983 adjustment for any increase or decrease in the services or other obligations required of the 1984 Contractor due to any modification in the Agreement, which may include an adjustment to the 1985 maximum rate that Contractor can impose. 1986

15.03 Amendments. This Agreement may be modified or amended only by a written document 1987 executed by both the Contractor and the City, and approved as to form by the City Attorney. 1988 1989
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Amended and Restated Agreement for Collection Services
51 Article 16. Miscellaneous Provisions 1990

16.01 New Services and Container Inventory. Contractor shall provide collection service to 1991 any new customer within one business day of receiving such request. Contractor shall provide 1992 new customer requested carts, bins, or debris boxes within one business day of receiving such 1993 request and by next service day for existing customers. If a request for new service or for a 1994 change of service is received in the form of a voicemail message or an e-mail, the time of receipt 1995 1996
Contractor shall maintain an adequate inventory of each type of container as is necessary to meet 1997 these requirements. 1998

16.02 Report of Accumulation of Solid waste. Contractor shall direct its drivers to note (1) 1999 the addresses of any premises at which they observe that Solid waste is accumulating and is not 2000 being delivered for collection; and (2) the address, or other location description, at which Solid 2001 waste has been dumped in an apparently unauthorized manner. Contractor shall deliver the 2002 address or description to City within five business days of such observation. 2003

16.03 Emergency Services. Contractor shall as soon as practically possible and normally 2004 within four hours of notice from the City, provide collection services in order to remove debris 2005 resulting from a disaster or other emergency event (declared or not), unless upon a reasonable 2006 2007
such personnel, drop boxes, and/or drop box vehicles as are reasonably available to collect and 2008 transport debris and the Contractor will be reasonably compensated for said work performed. 2009

16.04 Load Inspection Program. Contractor shall develop and implement a public education 2010 program designed to educate generators regarding proper methods of handling and disposing of2011 2012
hazardous waste placed by generator for collection by Contractor. Collection vehicle drivers 2013 shall be trained by Contractor to inspect containers prior to collection when practical. 2014 In the event a collection vehicle driver finds hazardous waste at the point of collection and such 2015 waste is in an uncovered or leaking container that would be unsafe to leave, the hazardous waste 2016 shall be left in the collection cont2017
notified to handle the issue with the generator. Environmental technicians shall help guide the 2018 2019
prop2020
knowingly collect hazardous waste or remove unsafe or poorly containerized hazardous waste 2021 from a collection container. In the event an extremely hazardous waste is found in a collection 2022 container or collection area, such as an explosive or large quantity of concentrated corrosive 2023 material, Contractor shall immediately notify the appropriate regulatory authorities. 2024 If materials collected by Contractor are delivered to a facility owned by Contractor for purposes 2025 of transfer, processing, or disposal, load checkers and equipment operators at such facility shall 2026 conduct inspections in areas where collection vehicles unload Solid waste, Recyclable materials, 2027 Green waste, or Green waste and food waste to identify hazardous wastes. Facility personnel 2028 shall remove these materials for storage in an on-site hazardous materials storage container(s). 2029 Contractor shall make reasonable efforts to identify and notify the generator. Contractor shall 2030 arrange for removal of the hazardous wastes by permitted haulers in accordance with applicable 2031 laws and regulatory requirements. 2032
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Amended and Restated Agreement for Collection Services
52 Contractor shall comply with emergency notification procedures required by applicable laws and 2033 regulatory requirements. All records required by regulations shall be maintained at the 2034 2035
characterization records, inspection records, incident reports, and training records. 2036

16.05 Independent Contractor. In the performance of services under this Agreement, 2037 Contractor is an independent contractor and not an officer, agent, servant or employee of City. 2038 Contractor shall have exclusive control of the details of the services and work performed and 2039 over all persons performing such services and work. Contractor shall be solely responsible for 2040 the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. 2041 Neither Contractor nor its officers, employees, agents, contractors or subcontractors shall obtain 2042 any right to retirement benefits, workers compensation benefits, or any other benefits which 2043 accrue to City employees, and Contractor expressly waives any claim it may have or acquire to 2044 such benefits. 2045

16.06 Laws to Govern. This Agreement and all matters relating to it shall be governed by the 2046 laws of the State of California. 2047

16.07 Consent to Jurisdiction.The parties agreed that any litigation between City and 2048 Contractor concerning or arising out of this Agreement shall be filed and maintained exclusively 2049 in the courts of County of Contra Costa, Martinez, State of California, or in the United States 2050 District Court for the Northern District of California. Each party consents to service of process 2051 in any manner authorized by California law. 2052

16.08 Assignment. No assignment of this Agreement or any right occurring under this 2053 Agreement shall be made in whole or in part by the Contractor without the express written 2054 consent of the City. The City shall have full discretion to approve or deny, with or without cause, 2055 any proposed or actual assignment by the Contractor. City may perform a detailed review of all 2056 aspects of any proposed assignment and Contractor shall provide all documents and information 2057 requested by City to facilitate its review. All costs of City in performing such a review will be 2058 reimbursable by Contractor to City on demand. Any assignment of this Agreement made by the 2059 Contractor without the express written consent of the City shall be void and shall be grounds for 2060 the City to declare a default of this Agreement and immediately terminate this Agreement by 2061 giving written notice to the Contractor, and upon the date of such notice this Agreement shall be 2062 deemed immediately terminated, and upon such termination all liability of the City under this 2063 Agreement to the Contractor shall cease, and the City shall have the right to call the performance 2064 bond and shall be free to negotiate with other contractors, the Contractor, or any other person or 2065 company for the service which is the subject of this Agreement. In the event of any assignment, 2066 the assignee shall fully assume all the liabilities of the Contractor. The definition of assignment 2067 is as defined in the Guaranty Agreement attached as Exhibit D. 2068 The use of a subcontractor to perform services under this Agreement shall not constitute 2069 2070
authorization from the City Manager to subcontract such services and the City Manager has 2071 approved a subcontractor who will perform such services. Contractor shall be responsible for 2072 2073
ctor. The City Manager shall 2074
have the right to require the removal of any approved subcontractor for reasonable cause. 2075

16.09 Nondiscrimination. In the performance of all work and services under this Agreement, 2076 Contractor shall not discriminate against 2077
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Amended and Restated Agreement for Collection Services
53 color, national origin, religion, marital status or sexual orientation. Contractor shall comply with 2078 all applicable local, state and federal laws and regulations regarding nondiscrimination, including 2079 those prohibiting discrimination in employment. 2080

16.10 Compliance with Laws. In the performance of this Agreement, Contractor shall comply 2081 with all applicable laws, regulations, ordinances and codes of the federal, state and local 2082 governments, including the City of Antioch Municipal Code. 2083 City shall provide written notice to Contractor of any planned amendment to the Antioch 2084 2085
this Agreement. Such notice shall be provided at least 30 calendar days before the City 2086 2087

16.11 Permits and Licenses. Contractor shall obtain, at its own expense, all permits and 2088 licenses required by law or ordinance, specifically including the City business license, and 2089 maintain them in effect throughout the term of this Agreement. Contractor shall provide proof of 2090 such permits, licenses or approvals and shall demonstrate compliance with them upon the request 2091 of the City Manager. 2092

16.12 Point of Contact. The day-to-day dealings between the Contractor and the City shall be 2093 between the Contractor and the City Manager or his or her designee. 2094

16.13 Notices. Whenever either party desires to give notice to the other, it must be given by 2095 written notice addressed to the party for whom it is intended, at the place last specified as the 2096 place for giving of notice in compliance with this paragraph. For the present, the parties 2097 designate the following as the respective persons and places for giving of notice: 2098 2099
As to the City:

City Manager
City of Antioch- City Hall
P.O. Box 5007
Antioch, CA 94531-5007
With a copy to:

City Attorney
City of Antioch City Hall
P.O. Box 5007
Antioch, CA 94531-5007
As to the Contractor:

Allied Waste Systems, Inc.
441 N Buchanan Circle
Pacheco, CA 94553
Notices shall be effective when received at the address as specified above. Changes in the 2100 respective address to which such notice is to be directed may be made by written notice. 2101 Facsimile transmission is acceptable notice, effective when received, however, facsimile 2102 transmissions received (i.e. printed) after 4:30 p.m. or on weekends or holidays, will be deemed 2103 received on the next business day. The original of items that are transmitted by facsimile 2104 equipment must also be mailed.2105
B57
Amended and Restated Agreement for Collection Services
54 16.14 Entire Agreement. This Agreement is the result of mutual drafting efforts of the parties, 2106 both of whom were represented by counsel. Therefore, no interpretation shall be given to this 2107 Agreement which would favor one party or the other because of the identity of the drafter. This 2108 Agreement and the attached Exhibits constitute the entire Agreement and understanding between 2109 the parties, and it shall not be considered modified, altered, changed or amended in any respect 2110 unless in writing and signed by the parties. The original agreement between the parties dated 2111 December 17, 1974 and all amendments to it and the subsequent Agreement dated September 2, 2112 2005 are expressly superseded in total by this Agreement except for the indemnification 2113 provisions. In addition, all prior written and oral communications, including correspondence, 2114 drafts, memoranda and representations, are superseded by this Agreement. 2115

16.15 Severability. If any provision of this Agreement or the application of it to any person or 2116 situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement 2117 shall not be affected, shall continue in effect. 2118

16.16 Right to Require Performance. The failure of the City at any time to require 2119 performance by the Contractor of any provision of this Agreement does not affect the right of the 2120 City thereafter to enforce the provision, nor shall waiver by the City of any breach of any 2121 provision be held to be a waiver of any succeeding breach of the provision or as a waiver of any 2122 provision itself. 2123

16.17 Headings. Headings in this document are for convenience of reference only and are not 2124 to be considered in any interpretation of this Agreement. 2125

16.18 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this 2126 Agreement. Each such Exhibit is a part of this Agreement and each is incorporated by this 2127 reference. The list of exhibits is set forth at the end of the Table of Contents. 2128

16.19 . This Agreement is entered into under the 2129
2130
hereby incorporated in and made a part of this Agreement by reference.2131

16.20 Authority to Execute. Contractor warrants that it has the authority to enter in to this 2132 Agreement and that the officers signing below have the authority to bind the Contractor. 2133 2134
B58
Amended and Restated Agreement for Collection Services
55 16.21 Effective Date. This Agreement shall take effect when it is properly executed by the 2135 City and the Contractor, and that date shall be reflected in the opening paragraph. 2136 IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement on the 2137 respective date(s) below each signature. 2138

CITY OF ANTIOCH
By: _______________________
Jim Jakel, City Manager
Date: ____________________
Authorized by
City Council Resolution No. ____
Attest: ______________________
Jolene Martin, City Clerk
Approved as to form:
__________________________
Lynn Tracy Nerland, City Attorney

CONTRACTOR

ALLIED WASTE SYSTEMS, INC
By: ___________________________
Jeff Andrews, Senior Vice President,
Operations
Date:_________________________
Approved as to form:
______________________________
Thomas M. Bruen, Counsel for Contractor
B59
Amended and Restated Agreement for Collection Services
1 Exhibit A 2139
Service Specifications: 2140
Description of Collection, Recycling and Education Services and Programs2141 2142
I. Residential Collection Services 2143
2144
Solid waste2145
Contractor will offer a fully automated collection service for Solid waste. Each single family 2146 dwelling will have a choice of four cart sizes for refuse collection (20-gallon, 32-gallon, 64-2147 gallon or 96-gallon). On a weekly basis the carts will be serviced at the curb by an automated 2148 collection vehicle, using an extendable arm, to grasp the cart and tip the contents into the body of 2149 the vehicle. Drivers will provide special consideration for on-premises services as described 2150 below (i.e. seniors, disabled).2151
2152
Only Garbage shall be placed in the garbage cart. Customers shall be instructed to place their 2153 cart out the night before their collection day or by 5:30 a.m. on their service day. At least three 2154 (3) feet of space shall be between the garbage cart and any other object including Green waste 2155 and recycling carts, mailboxes or portable basketball hoops. The cart will be placed on the street 2156 in front of the curb for street side pickup. The cart's front will face out to the street. 2157 2158
Customers with extra Garbage or large Bulky items, can call customer service prior to their 2159 service day to arrange for extra service for a fee, as described in Exhibit B. 2160 2161
Recycling2162
Contractor will offer fully automated collection services for recycling. Each single family 2163 dwelling will receive a 64-gallon cart for recycling collection. On a weekly basis the carts will 2164 be serviced on the same day as their regular garbage pick up day at the curb. An automation 2165 collection vehicle, using an extendable arm, will grasp the cart and tip the contents into the body 2166 of the vehicle. Drivers will provide special consideration for on-premises service as described2167 below (i.e. seniors, disabled). 2168
2169
Customers will not have to source separate Recyclable material. All material will be deposited 2170 into the 64-gallon recycling cart. The cart will be placed on the street in front of the curb for 2171 street side pickup. The cart's front will face out to the street. Contractor will provide a 32-gallon 2172 recycling cart for those customers with special needs such as disability or storage limitations or a 2173 96 gallon recycling cart for those customers who generate excess Recyclable material. This 2174 option will not be an advertised service, but provided on a case by case as needed basis. 2175 Additional carts for Recyclable material will be available for the rate set forth in Exhibit B. 2176 Customers shall be instructed to place their cart out the night before their collection day or by 2177 5:30 a.m. on their service day. At least three (3) feet of space shall be between the garbage cart 2178 and any other object including Green waste and recycling carts, mailboxes, portable basketball 2179 hoops, etc. 2180
2181
Acceptable Recyclable material: 2182
All plastic containers #1-72183
Rigid Plastic items 2184
B60
Amended and Restated Agreement for Collection Services
2 Aluminum and tin cans 2185
Glass bottles and jars of all colors 2186
White paper 2187
Envelopes (with or without windows) 2188
Computer print out paper (with blue/green stripe) 2189
Adding machine tape 2190
Colored paper 2191
Fax paper 2192
White & carbonless forms 2193
Laser printer paper 2194
Manila folders and envelopes 2195
Magazines 2196
Newspapers 2197
Cardboard (3'x3' in size, no larger) 2198
Phone books 2199
Junk mail 2200
Paperback and hard covered books 2201
Construction paper 2202
Aluminum foil 2203
Scrap metal and small metal appliances 2204
Electronic Waste Peripherals 2205
2206
Unacceptable Recyclable material: 2207
Plastic bags 2208
Carbon paper 2209
Spiral or bound notebooks 2210
Food/snack waste 2211
Restroom waste 2212
Tyvek (overnight envelopes) 2213
Food wrappers 2214
Cookware/Ceramics 2215
Window glass or mirrors 2216
Shrink wrap 2217
Polystyrene/Styrofoam 2218
2219
All contaminated containers will be tagged for customer education purposes. 2220 2221
Green waste2222
Each single family dwelling will receive a 96-gallon cart for Green waste collection. On a bi-2223 weekly basis (every other week) the carts will be serviced on the same day as regular garbage 2224 pick up at the curb. An automation collection vehicle, using an extendable arm, will grasp the 2225 cart and tip the contents into the body of the vehicle. Customers will be notified annually of 2226 their collection schedule. The cart will be placed on the street in front of the curb for street side 2227 pickup. The cart's front will face out to the street. Customers shall be instructed to place their 2228 cart out the night before their collection day or by 5:30 a.m. on their service day. At least three 2229 (3) feet of space shall be between the Green waste cart and any other object including Garbage 2230 B61
Amended and Restated Agreement for Collection Services
3 and recycling carts, mailboxes, portable basketball hoops, etc. Contractor will provide a 32-2231 gallon Green waste cart for those customers with special needs such as disability or storage 2232 limitations. This option will not be an advertised service, but provided on a case by case as 2233 needed basis. Drivers will provide special consideration for on-premises service as described 2234 below (i.e. seniors, disabled). Additional carts for Green Waste material will be available for the 2235 rate set forth in Exhibit B. Acceptable material must be placed directly into the cart, with no 2236 bagging or other containers placed into the cart. 2237
2238
2239
Acceptable Green waste material: 2240
Grass clippings 2241
Brush 2242
Weeds and leaves 2243
Hay and straw 2244
Prunings 2245
Tree trimmings 2246
Tree branches 6 inches or less in diameter and 3 feet or less in length 2247 2248
Unacceptable Green waste material: 2249
Plastic bags 2250
Rocks or concrete 2251
Sod and dirt 2252
Loose fruits and vegetables 2253
Tree trunks, stumps, palm fronds 2254
Branches more than 6 inches in diameter or more than 3 feet in length 2255 Pet waste 2256
2257
All contaminated containers will be tagged for customer education purposes. 2258 2259
2260
Exemptions will be granted if the resident can prove that no Green waste is generated for 2261 disposal due to composting, contracting with a landscaper or if the property is hardscaped (does 2262 not have any plants, consists of concrete and rock or decking). Customers who are granted 2263 exemptions will not receive a Green waste cart and will be billed at the Green waste Exempt rate 2264 set forth in Exhibit B. 2265
2266
On-Premises Service2267
2268
Contractor shall provide on-premises collection of residential Solid waste, Recyclable materials 2269 and Green waste to a SFD customer if all adult customers residing there have disabilities that 2270 prevent them from setting their Garbage, Recycling or Green waste cart at the curb for collection 2271 and if a request for on-premises service has been made to, and approved by, the City Manager in 2272 the manner required by City. On premises service shall include pickup and replacement of carts 2273 within the front or side yard and return of the cart to such location. The Contractor shall 2274 authorize on-premises service in appropriate circumstances. 2275 2276
On Call Waste Cleanup Program2277
B62
Amended and Restated Agreement for Collection Services
4 2278
Contractor will offer residential customers two (2) on-call curbside cleanups per year allowing a 2279 maximum of 2 cubic yards per cleanup or the equivalent of fourteen (14) thirty-two gallon bags. 2280 Pick up will be on the same day as regular garbage service. Contractor provides large item pick-2281 up for 2 items per customer every calendar year for additional items there is a fee as outlined in 2282 Exhibit B. For customer convenience, Contractor utilizes a voice mail system so customers may 2283 leave messages after business hours including requests for scheduling on-call collection service. 2284 Guidelines will be as follows:2285
2286
Guidelines for collection:2287
Place items at the curb by 5:30 a.m., preferably the night before the cleanup day. 2288 All items must be stacked in one place. 2289
Bag or tie items with rope, cord, tape or string strong enough to keep the bundle intact or 2290 place in disposable containers. All containers will be taken including metal and plastic trash 2291 cans. 2292
Place cleanup items in a single pile at a distance of 4 feet or more from all carts. 2293 2294
Unacceptable . waste Material:2295
No item may weigh more than 150 lbs. or be longer than 4 feet. Bags cannot weigh more 2296 than 50 pounds. 2297
No televisions or computer monitors*. 2298
No household hazardous wastes including paint, motor oil, car batteries, antifreeze, solvents, 2299 pesticides, cleaners. 2300
No large car parts (tires, transmission blocks, engines, etc.) or large furniture*. 2301 No rocks, dirt or concrete. 2302
No refrigerators, freezers, air conditioners or other appliances with Freon*. 2303 No tree stumps or large tree trunks. 2304
Do not place cleanup items near or in front of refuse or recycling carts. 2305 No loose piles 2306
* Can be picked up as a large item pickup, but not part of the on-call cleanups. 2307 2308
On Call Recycle Cleanups2309
2310
Contractor will offer three (3) on call recycling pickups per year, for recycling extra Green waste 2311 and/or for extra corrugated cardboard. Residents will call customer service to schedule a pickup 2312 a week in advance. 2313
2314
Guidelines: 2315
After filling Green waste cart, place extra clippings in containers that are 32 gallons or less in 2316 volume. Maximum 75 lbs. per container. Containers will not be taken away. Do not use 2317 plastic bags. 2318
Tree branches and prunings must be 3 feet or less in length and 6 inches or less in diameter. 2319 Trim cardboard to 3 feet or less on each side, flatten and bundle with string. 2320 For pickups, place bundled cardboard or Green waste containers at the curb by 5:30 a.m. or, 2321 preferably, the night before. 2322
Keep extra material at least 4 feet away from carts. 2323 2324
B63
Amended and Restated Agreement for Collection Services
5 Motor Oil and Oil Filters2325
Customers will be able to recycle motor oil and oil filters curbside. The motor oil shall be in a 2326 clear plastic container like a plastic milk jug. The lid shall be taped to the top and placed beside 2327 the recycle cart on their recycle collection day. Customers are allowed a maximum of three (3) 2328 gallons of oil per pick up. Oil filters will be placed in a heavy sealable plastic bag such as a 2329 Ziploc bag sealed and left by the recycle cart on their recycle collection day. 2330 2331
While recycling is an automated service, the driver will get out of the vehicle to pick up these 2332 materials. 2333
2334
Used motor oil and filters will not be collected during the On-Call Bulky Waste Cleanups. 2335 2336
On-Call Pickup of Batteries, Cell Phones and Compact Fluorescent Light bulbs2337 Customers will be able to include Compact Fluorescent Light bulbs (CFLs), cell phones and 2338 household batteries to any on call recycling or waste pickups at no additional charge. Items need 2339 to placed next to material left out for pickup in sealed clear plastic bags. Each material type 2340 needs to be placed in a separate bag. There is a maximum of four (4) cell phones per 2341 appointment. CFLs must not be broken or there will be a fee for disposal 2342 2343
II. Multifamily Collection Services 2344
2345
Solid waste2346
Multifamily residents subscribing individually for service will receive carts for Solid waste, 2347 Recycling and Green waste. These customers will receive service that is very similar to the type 2348 described for single family dwellings. Multi-family residents who do not subscribe individually 2349 for service will be provided with carts (32-gallon, 64-gallon or 96-gallon) or front end load 2350 containers ranging in size from one (1) cubic yard to six (6) cubic yards. Collection frequency 2351 will be at a minimum once a week. Contractor provides large item pick-up for a fee as described 2352 in Exhibit B. 2353
2354
Contractor will service compactor containers as long as the compactor meets collection vehicle 2355 specifications. 2356
2357
Recycling2358
2359
Recycling service will be provided to all complexes and individuals in multifamily complexes 2360 unless the City determines otherwise. Diversion for this program is calculated with the 2361 commercial diversion rates. Carts or front-end load containers will be used for recycling. The 2362 types of material collected will be the same as detailed under Residential Recycling Services. 2363 2364
Multifamily residents who subscribe individually for service will receive 2365 instructions/information that is similar to residents of single family dwellings. Those residents of 2366 multifamily complexes not subscribing to individual service will receive information through the 2367 facility manager, if available or the property owner. Contractor will bill the facility manager, 2368 landlord or homeowners association for the service in cases where front load containers are 2369 utilized. 2370
2371
B64
Amended and Restated Agreement for Collection Services
6 The City of Antioch reserves the right to review service criteria (space limitations, impractical 2372 service, lack of recycle material, lack of commitment to separate material from Solid waste) and 2373 require any adjustments to the program. Contractor will work with all multifamily customers to 2374 maximize recycling services and minimize additional overall cost of service upon request of the 2375 customer. 2376
2377
Contractor will service compactor containers as long as the compactor meets our collection 2378 vehicle specifications. 2379
2380
Green waste2381
Green waste service will be offered to all complexes and individuals in multifamily complexes 2382 unless the City determines otherwise. Carts or drop boxes will be used. 2383 2384
The City of Antioch reserves the right to review service criteria (space limitations, impractical 2385 service, lack of recycle material) and approve any exemptions from the program. Contractor will 2386 work with all multifamily customers to maximize Green waste services and minimize additional 2387 overall cost of service upon request by the customer. 2388 2389
On Call Waste Cleanup2390
Multifamily residents subscribing individually for service will receive two (2) on-call bulky 2391 waste cleanups as described under Residential Services. Contractor provides large item pick-up 2392 for a fee as described in Exhibit B. 2393
2394
Multifamily residents subscribing to bin service have the option of scheduling debris boxes for 2395 complex clean ups according to the fees set forth in Exhibit B. The property manager or 2396 designated representative must call in advance to schedule a box. The customer service 2397 department will determine the appropriate box size based on the size of the complex. Contractor 2398 will provide the property manager/designee with information to distribute to their tenants 2399 regarding acceptable material for the cleanups. No hazardous waste or white goods containing 2400 Freon will be allowed. Bin service customers cannot request individual cleanups. All other 2401 guidelines apply as described in Residential Services. Contractor provides large item pick-up for 2402 a fee as described in Exhibit B. 2403
2404
On Call Recycle Cleanups2405
Multifamily residents subscribing individually for service will receive the same information as 2406 residential customers described in Residential Services for on-call recycle cleanups. Green waste 2407 exempt customers will not be eligible for Green waste cleanups. Those residents of multifamily 2408 complexes not subscribing to individual service will receive three (3) cardboard on-call cleanups 2409 only. The facility manager will coordinate with Contractor whether a bin, debris box or other 2410 collection method would best suit their need. 2411
2412
2413
III. Commercial/Industrial Collection Services2414
2415
Solid waste2416
Commercial and industrial customers are serviced in a variety of ways depending upon their 2417 location, frequency and amount of service required, accessibility and where they are situated 2418 relative to other customers with similar service requirements and as described in Section 9 of the 2419 B65
Amended and Restated Agreement for Collection Services
7 Collection Agreement. Commercial and Industrial customers will typically be serviced in one of 2420 three ways. The most common means of managing materials generated by this segment of the 2421 customer base is the use of small containers/bins for collection by front end load vehicles. These 2422 containers come in multiple sizes and can be configured to various dimensions in order to fit a 2423 given refuse enclosure. These bins are typically utilized for collection of Refuse and Recyclable 2424 material and will be available for Green waste service. 2425 2426
Drop boxes are used in circumstances where the generator has a large amount of material that 2427 would require too frequent service of a front end load container. These boxes also come in 2428 multiple shapes and sizes and are transported by roll-off collection vehicles equipped with a hoist 2429 to lower and raise the container onto the bed of the vehicle for transport. These containers are 2430 typically used for Refuse, Recyclable material and Green waste. These boxes must have a 2431 minimum of twice a month service. However, the City of Antioch may require more frequent 2432 service based upon health or public nuisance issues. 2433 2434
Some customers may be better served by use of containers equipped with compactors. These 2435 receptacles are generally very useful for bulky wastes and material that is easily compacted in 2436 order to maximize payloads. Roll-off collection vehicles are also utilized to transport and 2437 exchange compactor boxes. Contractor will provide service at the compacted rate as long as the 2438 customer supplies their own compactor.2439
2440
In certain instances where commercial customers do not require a large degree of service, 2441 commercial carts are utilized. These containers are identical to those employed in serving 2442 residential customers and typically are used by small business owners who do not generate a 2443 large amount of refuse or recyclables. These carts are generally serviced by the vehicles serving 2444 the residential customers. 2445
2446
Contractor will work closely with commercial and industrial customers to determine the most 2447 efficient and cost effective service options available to them. 2448 2449
Recycling2450
2451
Contractor will offer a range of recycling services to commercial customers: 2452 2453
Send a Waste Assessment Survey and commercial recycling mailer outlining new services to 2454 all commercial customers. 2455
Meet with large waste generators to identify potential recycle waste streams and source 2456 reduction opportunities. 2457
Conduct on-site Waste Assessments upon request for all commercial customers. Make 2458 recycling and source reduction recommendations. 2459
Attend and speak to business organizations such as the Chamber of Commerce. 2460 Review current service levels of all commercial customers. Determine potential for 2461 recycling and contact customer. 2462
Re-route commercia2463
Contractor will work with all commercial customers to maximize recycling services and 2464 minimize additional overall cost of service. 2465
2466
Commercial/Industrial Diversion Requirements2467
B66
Amended and Restated Agreement for Collection Services
8 2468
Allied Waste will use all commercially reasonable efforts to implement a comprehensive, 2469 mandatory, commercial/industrial recycling, reuse and diversion program to maximize the 2470 ed 2471
Waste will obtain a commercial diversion rate, as calculated by the dividing total commercial 2472 recycling tonnage by the total commercial tons hauled of 50% by 2011. The incremental goals 2473 are to be a 35% diversion rate for 2008, 40% for 2009 and 45% for 2010. If the incremental 2474 goals are not met, Allied Waste shall meet with the City to evaluate the program and 2475 implementation plan. 2476
2477
In order to meet this diversion rate, Allied Waste will have a full-time Recycling Coordinator 2478 dedicated to waste diversion programs in Antioch. 2479 2480
If it does not look like the 2011 goal will be achieved Allied Waste shall promptly undertake a 2481 study at no cost to the City, including waste characterization of the commercial/industrial waste 2482 stream, to determine how these requirements can be met. Allied Waste shall, upon a schedule 2483 agreed to by the City, provide the study to the City along with a comprehensive report as to how 2484 these specific targets can be promptly met and how the state mandated City-wide 50 percent 2485 diversion requirement will be accomplished on a consistent basis. 2486 2487
IV. Construction and Demolition 2488
Construction and demolition debris means wood, wallboard, metal, glass, paper, plastic, concrete 2489 and other recyclable and non-recyclable Solid wastes, including Mixed waste, generated by 2490 residential, commercial and industrial demolition, remodeling, and construction activities. 2491 Containers are available in sizes ranging from (8) eight cubic yards to fifty (50) cubic yards. 2492 2493
Construction and Demolition (C&D) customers must contact a customer service representative 2494 (CSR) at Contractor to arrange for service. The CSR will ask if the drop box contains recycle 2495 material and will direct Construction and demolition debris, including dirt and cement, to a 2496 permitted processing facility. The diversion goal of these mixed loads at the processing facility is 2497 a minimum fifty (50) percent. The customer will indicate on their order form, by checking the 2498 applicable box, if they need documentation to comply with the City of Antioch Municipal Code. 2499 Contractor will report to the City any flagrant violations of the City C&D Ordinance. Contractor 2500 will obtain a fifty (50) percent or greater diversion from mixed C&D customers on a bin by bin 2501 basis. Bins where a 50% diversion rate cannot be achieved must be hauled and noted as Solid 2502 waste. Prior to servicing mixed C&D bins as Solid waste, customer must be notified. 2503 2504
VI. Holiday Tree Recycling2505
2506
Residential2507
Contractor will offer two options for residential customers for recycling holiday trees: 2508 Green waste cart collection Place unflocked tree in green waste cart. Branches must be 6 2509 inches or less in diameter and 3 feet or less in length. Cut off treetops. 2510 Recycling Drop Off Center- Contractor shall provide annual Holiday tree collection pick up 2511 and recycling at up to two locations designated by the City. This service shall be provided 2512 during the first three weeks of January of each year at a time and in a manner to be mutually 2513 agreed upon by City and Contractor. 2514
2515
B67
Amended and Restated Agreement for Collection Services
9 Information and instructions for the Holiday Tree Collection Program will be sent to residential 2516 customers as a bill insert upon City approval. 2517
2518
Multifamily2519
A flyer, approved by the City, will be sent to multifamily complexes notifying them of their tree 2520 recycling options and program guidelines. Multifamily accounts can use their existing green 2521 waste bins for recycling, the free drop off locations described above or schedule a green waste 2522 recycling roll off bin. 2523
2524
Commercial2525
A drop off facility located on N. Buchanan Cr. in Pacheco accepts holiday trees at no charge 2526 from commercial customers. Residential and multi-family customers may avail themselves of 2527 this service as well. Commercial accounts can also use their existing green waste bins for 2528 recycling or the free drop off locations described above. 2529 2530
Guidelines for residential, multifamily and commercial customers: 2531 Remove stands, whether metal, plastic or wood. 2532
No flocked or artificial trees. 2533
Remove lights, ornaments, tinsel and other trimming from branches. 2534 2535
VII. Electronic Recycling2536
2537
Residential customers can use one of their free on call bulky cleanups for curbside collection of 2538 computer monitors, televisions and other electronic equipment (universal waste) for single 2539 family, multi-family and commercial customers. Residential, multifamily and commercial 2540 customers can put electronic waste peripherals such as keyboards, speakers, and mice in single 2541 stream recycling carts or dumpsters. 2542
2543
Single family, multifamily and commercial customers can call Contractor customer service in 2544 advance to schedule a pick up for the collection of electronic equipment for a fee as described in 2545 Exhibit B. Multi-family and commercial customers that do not have individual billing may have 2546 electronic equipment picked up for a fee as described in Exhibit B. For commercial customers, 2547 this material will need to be placed in a location accessible to larger vehicles. Multifamily 2548 customers will be asked where their material will be located for collection. If the customer does 2549 not provide this information, the customer will be asked to place the material near their garbage 2550 enclosure. 2551
2552
Collection arrangements that have not been made according to the guidelines above will not be 2553 picked up and a non-collection notice will be left with information on how to schedule. 2554 2555
VIII. Public Education 2556
2557
Contractor will develop materials that convey instructions and information to residential, 2558 multifamily and commercial customers. Information will be distributed to customers on an 2559 annual basis, at a minimum. Multifamily and commercial literature may differ slightly due to 2560 collection differences. This information will include: 2561 2562
Garbage collection guidelines 2563
B68
Amended and Restated Agreement for Collection Services
10 Recycle collection guidelines 2564
Green waste collection guidelines 2565
On call cleanup guidelines 2566
Recycle cleanups 2567
Set out of oil and oil filters 2568
Spacing between carts 2569
Recycling Drop Off Center 2570
Hazardous waste guidelines 2571
How to Reach Us 2572
Payment Options 2573
Service Questions 2574
Vacation policy 2575
Holidays 2576
Holiday Tree Collection Program as described on page 10. 2577 Website 2578
Customer Complaint Resolution Process 2579
Electronic Waste Recycling 2580
2581
2582
Program Expansion Outreach- An implementation plan will be submitted to the City for approval 2583 30 days after contract approval. The implementation plan will include, but is not limited to: 2584 start date of new services; types of outreach methods to be used (brochures, workshops, 2585 meetings, personal contact, etc. stickers; press releases and newspaper ads). The City will 2586 approve all educational material within a reasonable time period that enables implementation 2587 deadlines to be met. 2588
2589
IX. City Services 2590
City facilities will be provided service free of charge as specified in Section 4.04 and 415. of the 2591 Collection Agreement. 2592
2593
X. Outreach to Schools 2594
Contractor has a separate Agreement with Antioch Unified School District. Contractor will 2595 include all solid waste and recycle tons in their quarterly recycle reports to the City. 2596 2597
XI. Scope of Services2598
Nothing contained herein is intended to modify the definitions of Solid waste or the scope of 2599 exempt waste as set forth in this Agreement or City ordinances, including but not limited to 2600 2601
this Exhibit A shall be interpreted in a manner so as to harmonize any inconsistencies. 2602 2603
2604
2605
2606
2607
2608
2609
2610
B69
Amended and Restated Agreement for Collection Services
1 Exhibit B 2611
Schedule of Maximum Rates that Contractor can Impose 2612 2613
Maximum Residential Rates 2614
2615
20 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $20.99 2616 32 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $24.65 2617 64 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $39.80 2618 96 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $46.75 2619 Maximum Green Waste Exempt Rate 2620
20 gal garbage cart, 64 gal recycle cart $16.67 2621 32 gal garbage cart, 64 gal recycle cart $20.33 2622 64 gal garbage cart, 64 gal recycle cart $35.48 2623 96 gal garbage cart, 64 gal recycle cart $42.43 2624 2625
Maximum Senior Rates (must apply with City) 2626
20 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $13.60 2627 32 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $ 14.80 2628 64 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $23.65 2629 96 gal garbage cart, 64 gal recycle cart, 96 gal green waste cart $ 27.77 2630 Maximum Green Waste Exempt Senior Rates 2631
20 gal garbage cart, 64 gal recycle cart $11.012632
32 gal garbage cart, 64 gal recycle cart $12.21 2633 64 gal garbage cart, 64 gal recycle cart $21.06 2634 96 gal garbage cart, 64 gal recycle cart $25.18 2635 2636
Maximum Additional Rates: 2637
Second recycle cart 64Gal- $5.21 2638 Senior second recycle cart 64 Gal $4.442639 Second green waste cart 96 Gal $4.32 2640 Senior second green waste cart 96 Gal $2.59 2641 2642
Extra on call recycling/cardboard cleanup on service day only 30.00 2643 Extra on call recycling/green waste cleanup - on service day only 30.00 2644 Maximum Special Pickup Rates 2645
Minimum charge on service day $25.00 2646
Minimum charge nonservice day $40.00 2647
Extra bag $2.50 each place at curb 2648
Extra can $6.00 each place at curb 2649
Maximum Handy Hauler Bins Rates 2650
4 yard 139.532651
5 yard 161.002652
6 yard 203.932653
2654
B70
Amended and Restated Agreement for Collection Services
1 Bulky Item Maximum Price List 2655
2656
2657
2658
2659
2660
2661
2662
2663
2664
2665
2666
2667
2668
2669
2670
2671
2672
2673
2674
2675
2676
2677
2678
2679
2680
2681
2682
twin mattress $40.00
twin box spring $40.00
double mattress $40.00
double box spring $40.00
queen mattress $40.00
queen box spring $40.00
king mattress $40.00
king box spring $40.00
Stove $40.00
Dryer $40.00
Washer $40.00
Dishwasher $40.00
hot water heater $40.00
couch/sofa $40.00
hide a bed $40.00
refrigerator (pick up and Freon removal) $100.00
Freezer (pick up and Freon removal) $100.00
air conditioner (pick up and Freon removal) $100.00
swamp cooler $40.00
tires (less than 19") $6.00
tires with rim (less than 19") $8.00
tires (larger than 19") $9.00
tires with rim (larger than 19") $14.00
$25.00
$40.00
Computer monitors $25.00
Ewaste (3 pieces) $5.00
Extra 32 Gal bag $2.50
B71
Amended and Restated Agreement for Collection Services
1 Exhibit C 2683
Commercial & Multi-Family Maximum Garbage Rates 2684
2685
1 Yd 1 x per week 142.62 5 Yd 1 x per week 528.78
2 x per week 285.23 2 x per week 1057.64
3 x per week 427.85 3 x per week 1586.50
4 x per week 570.48 4 x per week 2115.28
5 x per week 713.09 5 x per week 2644.14
Special 49.67 Special 157.29

2 Yd 1 x per week 219.57 6Yd 1 x per week 627.45
2 x per week 439.19 2 x per week 1254.88
3 x per week 658.79 3 x per week 1882.23
4 x per week 878.39 4 x per week 2509.67
5 x per week 1097.99 5 x per week 3137.12
Special 74.20 Special 182.10

3Yd 1 x per week 330.36 8Yd 1 x per week 824.82
2 x per week 640.89 2 x per week 1649.27
3 x per week 961.30 3 x per week 2473.84
4 x per week 1281.73 4 x per week 3298.43
5 x per week 1481.88 5 x per week 4123.03
Special 99.33 Special 248.32

4Yd 1 x per week 427.24
2 x per week 854.49
3 x per week 1281.73 32 Gal cart 1x/wk 23.20
4 x per week 1708.96 64 Gal cart 1x/wk 41.36
5 x per week 2136.20 96 gal cart 1x/wk 59.17
Special 132.43
2686
2687
2688
2689
2690
2691
2692
2693
2694
2695
2696
2697
2698
2699
2700
Debris Box:

Compact Rate 362.09
Min. Monthly 488.37
Concrete 212.16
Reg. Rate 479.67
Excess ton 88.33
B72
Amended and Restated Agreement for Collection Services
1 Commercial & Multi-Family Maximum Recycle Rates 2701 2702
1 Yd 1 x per week 99.83 5 Yd 1 x per week 370.15
2 x per week 199.67 2 x per week 740.35
3 x per week 299.50 3 x per week 1110.55
4 x per week 399.34 4 x per week 1480.70
5 x per week 499.16 5 x per week 1850.90
Special 34.77 Special 110.10

2 Yd 1 x per week 153.70 6Yd 1 x per week 439.22
2 x per week 307.44 2 x per week 878.42
3 x per week 461.15 3 x per week 1317.56
4 x per week 614.87 4 x per week 1756.77
5 x per week 768.59 5 x per week 2195.98
Special 51.94 Special 127.47

3Yd 1 x per week 231.25 8Yd 1 x per week 577.21
2 x per week 448.62 2 x per week 1154.48
3 x per week 672.91 3 x per week 1731.68
4 x per week 897.21 4 x per week 2308.90
5 x per week 1037.32 5 x per week 2886.12
Special 69.53 Special 173.82

4Yd 1 x per week 299.07
2 x per week 598.14
3 x per week 897.21
4 x per week 1196.28
5 x per week 1495.34
Special 92.70
96 gal cart green waste 4.33 2703 2704
32 gal cart recycle 16.23 2705
94 gal cart recycle 28.95 2706
96 gal cart recycle 41.422707
2708
B73
Amended and Restated Agreement for Collection Services
1 Exhibit D 2709
City Facilities and Special Collection Services 2710
2711
City Facilities shall include but not be limited to the following: 2712 2713
City Facility
Current Service
Level

ANTIOCH
0033696-132 G
Antioch Youth Sports
Complex G 21 95 gal 1x wk
1030 Apollo Court R 15 95 gal on call
0033696-135 G East Co. Day Care G 1 2yd 1x wk
0033696-117 G 931 Cavallo Rd. G 1 4yd 2x wk
0033696-129 G Lynn House G 1 95 gal 1x wk
809 First St.
0020636-107 G Fulton Shipyard R 2 95 gal 1x wk
0020636-109 R R 1 20yd on call
0020636-101 R R 4 20 yd on call
0020636-103 R R 5 20 yd on call gw
0029496-100 G Park Maintenance Dept. G 1 32 gal 1x wk
3060 Gentrytown Dr.
0033696-105 G Lone Tree Golf Course G 1 6yd 2x wk
G 1 6yd 1x wk
R 15 95 gal 1x wk
R 3 14 gal bins on call
R 1 2yd 1x wk
0033696-100 G City Hall G 4 95 gal 2x wk
0033696-119 R 212 H Street R 10 95 gal 1x wk
0033696-148 R R 8 95 gal 1x wk
R 1 8yd 3x wk
0033696-126 G Community Park G 1 8yd 2x wk
801 James Donlon R 1 2yd 1x wk
0033696-124 G Police Station G 1 4yd 5x wk
300 L Street R 3 95 gal 1x wk
0033696-137 G Prewett Water Park G 1 95 gal 1x wk
4701 Lone Tree Way G 4 3yd 3x wk
R 1 95 gal 1x wk
0033696-103 G Chichibu Park G 6 32 gal 1x wk
Longview Road
0033696-123 G Antioch Marina G 2 4yd 2x wk
0033696-138 R 5 Marina Plaza R 4 95 gal 1x wk
0033696-107 G Corp Yard G 3 2yd 1x wk
0033696-120 R N Street G 1 8yd 1x wk
R 4 95 gal 1x wk
R 1 4yd 1x wk
0033696-106 G Water Treatment Plant G 1 4yd 1x wk
401 Putnam Street R 2 64 gal 1x wk
0033696-118 G 275#A Tregallas Road G 1 32 gal 1x wk
0014126-100 G Antioch Little League G 2 6yd 1x wk
0014126-101 R 10th Street R 12 95 gal 1x wk
0033696-128 G Delta 2000 G 1 3yd 1x wk
B74
Amended and Restated Agreement for Collection Services
1 301 10th Street R 1 64 gal 1x wk
0033696-122 G 200#A 18th Street G 1 32 gal 1x wk
0033696-125 G Antioch Sr. Center G 1 6 yd 2x wk
415 2nd St. R 2 95 gal 1x wk
0033696-104 G 6th Street G 2 32 gal 1x wk
0033696-139 R Delta Diablo HW R 2 64 gal 1x wk

G - trash
R - recycling
2714
Minimum Three Special events and monthly litter pickup events, which currently 2715 include: 2716
Coastal Clean Up 2717
Keep Antioch Beautiful clean up 2718
Monthly Neighborhood Litter Picks 2719
2720
2721
2722
2723
B75
Amended and Restated Agreement for Collection Services
1 Exhibit E 2724
Service Specifications: 2725
Right of Way Cleaning Areas 2726
2727
2728
2729
Lone Tree Way - Hwy 4 to Empire 2730
2731
Hillcrest Ave. - Hwy 4 to Lone Tree Way 2732
2733
Deer Valley Rd. - Hwy 4 to Lone Tree Way 2734
2735
James Donalon Blvd. - Lone Tree Way to Somersville 2736 2737
Contra Loma Blvd. - Hwy 4 to James Donalon 2738
2739
Dallas Ranch Rd. - Lone Tree Way to the end of the road 2740 2741
Davison Dr. Lone Tree Way to Hillcrest Ave. 2742
2743
Country Hills Dr. Truskmore Way to Lone Tree Way 2744
2745
Sagebrush Way Lone Tree Way to Prewett Ranch Rd. 2746
2747
East 18thSt. Hillcrest Ave. east to #1860 18thSt. 2748
2749
Oakley Rd. Willow Ave. to City Limits 2750
2751
Mokelumne Dr Mark Twain Dr to Prewett Ranch Dr 2752
2753
Golf Course Rd Lone Tree way to Mesa Ridge Dr 2754
Other right of way areas to be added. 2755
B76
CalRecycle Compliance Assistance
effort to reduce super pollutants builds on shared commitment to reduce greenhouse gas emissions, improve human health, and create clean jobs that support resilient local economies. Implementing a state-wide plan (SB 1383, Lara, Chapter 395, Statutes of 2016) to reduce short-lived climate pollutants, harmful super pollutants with significant warming impacts,
goals.

CalRecycle will provide compliance assistance to jurisdictions, including:

Implementation Checklists
Training and Guidance
Model Implementation Tools (Model: Franchise Agreement, Edible Food Recovery Agreement, Enforcement Ordinance, Procurement Policy) CalRecycle Enforcement Discretion
The SB 1383 enforcement structure allows CalRecycle to focus on compliance assistance first and dedicate enforcement efforts to serious offenders. The regulations allow for flexibility and deadline extensions in some instances when there are extenuating circumstances causing compliance issues despite a substantial efforts, such as the COVID-19 pandemic and natural disasters.

The enforcement process is an escalating process, and the timelines are not triggered until a Notice of Violation (NOV) is issued.

CalRecycle has discretion to address compliance issues with a jurisdiction through compliance evaluations prior to moving to enforcement proceedings. compliance prior to issuing NOVs.

CalRecycle has discretion to issue NOVs and, depending on circumstances, not seek penalties.

If CalRecycle takes enforcement action, it can considerextenuating circumstancesas well assubstantial effortsmade by a jurisdiction and place the entity on a Corrective Action Plan (CAP). CalRecycle has enforcement discretion to allow for a longer timeline for compliance.

The regulations allow for extended compliance timelines (under certain circumstances), giving jurisdictions additional flexibility to come into compliance before penalties are issued.

ATTACHMENT C
C1
2 SB 1383 Enforcement Process Timeline

Notice of Violation (NOV) -If CalRecycle determines a jurisdiction is violating one or more requirements and decides to take enforcement action, it must issue an NOV.

A jurisdiction will have 90 daysto correct the violation.

That timeframe can be extended an additional 90 daysto a total of 180 days if CalRecycle finds that additional time is necessary.

Corrective Action Plan (CAP) -For violations due to barriers outside a jurisdictions control (extenuating circumstances) and when a substantial effortis made towards compliance:

Jurisdictions can be placed on a Corrective Action Plan, extended compliance timelines.

Extenuating circumstances are:

Acts of God such as earthquakes, wildfires, flooding, and other emergencies (such as pandemics) or natural disasters.

Delays in obtaining discretionary permits or other government agency approvals.

An organic waste recycling infrastructure capacity deficiency requiring more than 180 days to cure.

Substantial effortis where a jurisdiction has done everything within its authority and ability to comply.Substantial effort does not include circumstances where a decision-making body of a jurisdiction has not taken the necessary steps to comply with the chapter, including, but not limited to:

Failure to provide adequate staff resources to meet its obligations, or Failure to provide sufficient funding to meet its obligations, or Failure to adopt the ordinance(s) or similarly enforceable mechanisms.

If a jurisdiction does not demonstrate that they have made a substantial effort, they would not be eligible for the extended compliance deadlines. However, CalRecycle will issuing NOVs.

Penalties are imposed after all other compliance actions have failed.

If a jurisdiction does not meet NOV or CAP deadlines, CalRecycle has another opportunity to exercise enforcement discretion by determining when to commence an action to impose administrative civil penalties.

C2
3 When CalRecycle commences an action to impose administrative civil penalties, it shall serve an accusation and hold a hearingif requested by the respondent (roughly, a 180-day process).

Compliance Determination
AB 939 established a specified waste diversion target for each jurisdiction.

AGood Faith Effortdetermination relies upon a suite of indicators to determine if a jurisdiction is actively trying to implement programs and achieve its targets.

SB 1383 establishes a statewide target and prohibits a target for each jurisdiction.

SB 1383 requires a more prescriptive approach and state minimum standards.

Jurisdictions must demonstrate compliance with each prescriptive standard.

Legislators amended SB 1383 to remove the requirement that CalRecycle use the AB 939 Good Faith Effortrequirement for its enforcement for SB 1383.

The 75 percent organic waste diversion target in 2025 will not be reachable with the longer compliance process under the Good Faith Effortstandard.

Senate Bill 619 - Notification of Intent to Comply (NOIC) SB 619 authorizes a jurisdiction facing continuing violations that commence during the 2022 calendar year to submit a NOIC and a resolution to CalRecycle no later than March 1, 2022.

SB 619 authorizes CalRecycle to issue a CAP for any jurisdiction with an approved NOIC even if the jurisdiction has not provided sufficient funding, provided adequate staff, or adopted an enforcement ordinance.

Upon an approved notification, a jurisdiction may be eligible for both of the following:

1. Administrative civil penalty relief for the 2022 calendar year pursuant to 14 CCR section 42652.5(d).

2. A corrective action plan pursuant to 14 CCR section 18996.2.

Administrative Civil Penalty Relief CalRecycle will waive administrative civil approved NOIC, if the jurisdiction implements the proposed action(s) to remedy the violation(s) in accordance with the schedule in the NOIC.

Additionally, for violations commencing during the 2022 calendar year and continuing into the 2023 calendar year, administrative civil penalties will begin accruing starting January 1, 2023, but, if CalRecycle exercises its discretion to put a jurisdiction on a CAP, any penalties may be waived upon a determination of full compliance with the terms of the CAP (see 14 CCR section 18996.2).

In the SB 1383 enforcement process, penalties may begin accruing for violations occurring in 2022.

If a jurisdiction fails to adhere to the proposed action(s) and schedule in the NOIC, CalRecycle may revoke its approval of the NOIC and impose administrative civil C3
4 penalties for violations occurring during the 2022 calendar year retroactive to the date of violation(s).

Eligibility for a CAP through the NOIC ProcessFor violations identified in the NOIC, CalRecycle may address any violations disclosed through a CAP that will take more than 180 days to correct.

A jurisdiction is not required to demonstrate a substantial effort to be eligible for a CAP through the NOIC process. This differs from the SB 1383 enforcement process outlined on page 3.

For instructions on how to submit and what the NOIC should include, visit https://www.calrecycle.ca.gov/organics/slcp/enforcement/noic.

ATTACHMENT D
D1
D2
D3
D4
D5
D6
D7
D8
D9
D10

ATTACHMENT E
E1
E2
E3
E4
E5

ATTACHMENT F
F1
F2
F3
F4
F5
F6
F7
F8

DRAFT MASTER FEE SCHEDULE
EFFECTIVE JULY 1, 2022

Exhibit A

MASTER FEE SCHEDULE
City of
Antioch
1 >>POLICE DEPARTMENT<<

DESCRIPTION FEE ACCT CODE
Local Record Review $ 42.00 100-3110.46010
Accident Investigation Report Copy $ 30.00 100-3110.46010 Vehicle Release $ 209.00 (no fee for storage authority VC2651(c) or (g))
100-3110.46300
Administrative Fee: Repossession of vehicles $ 15.00 (set by State law) 100-3110.46300 Bicycle Registration $ 6.00 100-3110.42030
Card Room Permit: Regulation fees per table/year $ 766.00 100-3110.46300 Card Room Permit (New) $3,100 deposit plus fully burdened hourly rate for all staff involved plus any outside costs

Clearance Letters $ 80.00 100-3110.46300
Citation Sign-Offs $ 26.00 100-3110.46300
Code Enforcement (Municipal Code Violations) Set by courts Copy of Police Report Victim of Domestic Violence: No charge Rape, ID theft, human trafficking and elder abuse
victims: First copy free
All others: $21.00
100-3110.46010
Video and Audio Redaction Fee Fully burdened hourly rate for staff involved plus any outside costs
100-3110.46300
CAD Event $ 16.00 100-3110.46010
DUI Collision Response (fee limited by State law) Direct costs of responding to incident - not to exceed $12,000
100-3110.46300
DUI Arrest Processing $ 415.00 100-3110.46300
Escort of Wide or Overload Vehicle Actual police and engineering time for investigation of route and escort if required
100-3110.46300
ABC Daily License Authorization $ 36.00 100-3110.46300 Gun Permit Fees Concealed Weapons
Permit Application/Renewal (non-refundable and set
by State Penal Code Sections 12050-12054):

New Permit - $100* ($20 paid at time of application
with balance due upon permit issuance)
Renewal Permit - $25*
Amended Permit - $10* *Psychological testing costs are added to the above fees up to $150.00
100-3110.46300
Limo/Taxi Business Permit $ 305.00 per yea r 100-3110.46300 Limo/Taxi Driver Permit $ 305.00 per yea r 100-3110.46300 Limo/Taxi Vehicle Inspection: per vehicle per
inspection
$ 83.00 570-2610.46630
Parking Enforcement Established by Council Resolution 100-3150.43020 Parties & Nuisances AMC Chapter 13,
Sec 5-13.03/05
Fully burdened hourly rates for staff involved plus
any outside costs
100-3110.46300
Police Department Room Rental:

Nonprofit Uses:

Classroom (Animal Services area) per hr
Community Room Use (police area) per hr
Commercial or Private:

Classroom use (Animal Services area) per hr
Community Room Use (Police area) per hr

$ 36.00
$ 62.00

$ 60.00
$ 109.00

100-3110.46300
Second hand dealer - application fee
Second hand dealer - Department of Justice fee (initial and renewal)
$ 295.00
$ 300.00
100-3110.46300
Massage Establishment: Initial
Registration
Renewal (no
changes)
Change Owner/
Location 100-3110.46300
Owner/Practitioner $ 250.00 $ 175.00 $ 250.00 Owner/Non-Practitioner $ 350.00 $ 275.00 $ 350.00 Per Employee/Practitioner $ 25.00 $ 25.00 $ 25.00 Verification letters $ 32.00 100-3110.46300

MASTER FEE SCHEDULE
City of
Antioch
2 >>POLICE DEPARTMENT<<

DESCRIPTION

FEE

ACCT CODE
Misdemeanor Booking $ 78.00 per booking 100-3110.46300 Special Event Regulation (group putting on Event)
Event charged for Police Officer, Corporal and
Sergeant at overtime rate for Step E of regular pay
scale plus a 25% Administrative Fee. Event charged
for Reserve Police Officer at Step A rate of regular
officer pay scale plus a 25% Administrative Fee
Time, materials and Administrative overhead cost 100-3110.46300 Subpoena, Civil deposit/officer/day plus Admin fee $ 275.00 per G.C. 68096.1 deposit plus actual cost 100-0000.22315 100-3110.47010
Subpoena, Civil Administrative Fee Clerical cost @ max of $24/hr ($6 per ¼ hr), plus 10 cents/page document duplication
100-3110.47010
Subpoena Duces Tecum/Deposition Subpoena,
Plus reasonable/actual costs (per 1563 E.C.)
Clerical cost @ max of $24/hr ($6 per ¼ hr), plus
10 cents/page document duplication
100-3110.47010
Adult Business Permit Deposit as determined by Police Dept plus charges at fully burdened hourly rates for all involved
personnel and any outside costs
100-3110.46300
Firearms Range $100.00 hourly with operator (ADP operator always required for use)
100-3110.47010
Alarm Users:

Registration and Renewal $30.00 100-3110.46315
Registration Late Charge $15.00
Alarm Fee Late Charge/All Fees and Fines Late 5% of unpaid amount False Alarm Registered 1 No charge; 2 School or $100; 3 or more - $205 (for each subsequent response)
100-3110.46320
False Alarm Non-Registered 1 Schoo l or $100; 2 or more - $205 (for each subsequent response)

Operating Suspended Alarm System 1 - $205; 2 - $350; 3 or more - $500 (for each subsequent response)

Alarm Company:

Failure to Report New Install $30.00
Failure to use Alarm Confirmation or Enhanced Call
Confirmation Procedures
$30.00
False Alarm Caused by Alarm Company 1 No charge; 2 or more - $205 (for each subsequent response)

Calling on Suspended Alarm Site 1 No charge; 2 or more - $205 (for each subsequent response)

All Late Charges $15.00
>>ANIMAL SERVICES<<

DESCRIPTION

FEE

ACCT CODE
Adoption Fees
Adopt - Dog
Adopt - Cat
$ 125.00*
$ 90.00*
214-3320.46710
Adopt Rabbit $ 16.00
Adopt - Small animal (rats, hamsters, guinea pigs) $ 7.00 *Fees include spay/neuter, microchip and core
vaccines. Actual cost of spay/neuter that cannot be
completed in-house will be added to the adoption fees.

MASTER FEE SCHEDULE
City of
Antioch
3 >>ANIMAL SERVICES<<

DESCRIPTION

FEE

ACCT CODE
Animal Licensing Fees Dogs
License - Altered:

Altered License - 1 Year
Altered License - 2 Year
Altered License - 3 year

$ 20.00
$ 35.00
$ 50.00

214-3320.42010
Senior Citizen License Altered Dog
Senior Altered License - 1 Year
Senior Altered License - 2 Year
Senior Altered License - 3 Year

$ 11.00
$ 19.00
$ 26.00

License - Unaltered
Unaltered License - 1 Year
Unaltered License - 2 Year
Unaltered License - 3 Year

$ 41.00
$ 71.00
$ 109.00

Senior Citizen License Unaltered Dog
Senior Unaltered License - 1 Year
Senior Unaltered License - 2 Year
Senior Unaltered License - 3 Year

$ 22.00
$ 37.00
$ 55.00

License - Unaltered & Impounded (U&A)
License U&A - 1 yr
License U&A - 2 yr
License U&A - 3 yr

$ 64.00
$ 94.00
$ 131.00

License Potential Dangerous/Vicious Animal
Potentially Dangerous-Vicious Animal 1 Year

$ 70.00

License - Fees, Other
License - Multiple Pet Permit/year/application
License - Tag Transfer
License - Fee - Duplicate for lost license tag

$ 55.00
$ 7.00
$ 7.00

Animal Licenses - Late Fee Penalty $ 34.00
Livestock Permit - per application/year $ 55.00 214-3320.42010 Cat Trap Fees:

Trap Deposit
Trap Rental/day

$ 60.00
$ 6.00

214-3320.47010
Board/Care Fees:

Dog/day
Cat or small animal/day
Livestock, reptiles/day
Potentially Dangerous/Vicious Animal/day

$ 20.00
$ 20.00
$ 20.00 (at cost if not at Animal Shelter)
$ 35.00

214-3320.46710
Potentially Dangerous/Vicious Animal
Impound Fee
Conditional Release Agreement

$ 350.00
$ 150.00 inspection fee + boarding, alteration,
microchipping and other fees and costs

214-3320.46719
Dangerous Animal Administrative Fee $450.00 + impound, boarding, alteration, microchipping, vaccination and other fees and
costs. Appeal processing fee refunded if appeal
is won.

Disposal Fees:

Disposal - dog licensed*
Disposal - dog unlicensed
Disposal - cat
Disposal - other animal

$ 20.00
$ 36.00
$ 20.00
$ 20.00

214-3320.46731
*If the dog to be disposed has a current, multiple year license and has a full year's credit remaining, that amount will be applied against the disposal fee. There will be no refunds.

MASTER FEE SCHEDULE
City of
Antioch
4 >>ANIMAL SERVICES<<

DESCRIPTION

FEE

ACCT CODE
Euthanasia Fees
Euthanasia - dog with license
Euthanasia - dog unlicensed
Euthanasia - cat
Euthanasia - small animal
Vet Pick up
Vet Per Animal Charge

$ 36.00
$ 57.00
$ 36.00
$ 25.00
$ 40.00
$ 10.00

214-3320.46728
Handling Fees:

Pick up fees:

Dog (plus surrender fee)
Cat or small animal (plus surrender fee)

$ 36.00
$ 36.00

214-3320.46719
Impound Fees and Fines:

With Current license: 214-3320.46719
Impound - Dog - 1st $ 30.00
Impound - Dog - 2nd within 12 months $ 75.00
Impound - Dog - 3rd within 24 months $ 120.00
Impound - Dog - 4th within 36 months $ 180.00
Unlicensed:

Impound - Dog - 1st
Impound - Dog - 2nd within 12 months
Impound - Dog - 3rd within 24 months
Impound - Dog - 4th within 36 months
Other Fees:

Impound - Cat/ Small
Impound - Livestock
After Hours Impound

$ 50.00
$ 88.00
$ 181.00
$ 234.00

$ 30.00
$ 59.00
$ 30.00

214-3320.46719
Inspection Fee $ 55.00 214-3320.46719
Unaltered Dog/Cat Penalty - State law (Food & Ag.

Code section 31751.7) mandates that a fine shall be
levied against the owners of unaltered dogs and cats that are impounded. These fines are charged in addition to
the City's impound and redemption fees:

Penalty - First Offense
Penalty - Second Offense
Penalty - Third Offense

$ 36.00
$ 52.00
$ 104.00

214-3320.46719
Microchipping Fees:

Microchipping of dogs and cats - includes microchip
implant and registration on the Animal Shelter database.

$ 25.00 per animal

214-3320.46735
Vaccinations Fee is per vaccination $ 25.00 214-3320.46716 Neuter or Spay Fees:

Neuter Fees:

AAS Canine Neuter
AAS Feline Neuter
Local Vet - Neuter Feline/Canine
Spay Fees:

AAS Canine Spay
AAS Feline
Local Vet - Spay Feline/Canine

$ 150.00
$ 90.00
Vet Cost

214-3320.46734

MASTER FEE SCHEDULE
City of
Antioch
5 >>ANIMAL SERVICES<<

DESCRIPTION

FEE

ACCT CODE
Redemption Fees:

Redemption fees to be charged to pet owner(s) upon the
redemption of their pet:

1. Administration of reasonable veterinary medical
treatments, which may be required in order to treat an
injured and/or sick animal.

2. Medical treatments which may include the
administration of veterinary drugs and/or medicinal
products

Vet cost

Vet Cost

214-3320.46733
Quarantine Fees:

Quarantine Admin Fee - Home
Quarantine Admin Fee - Shelter, plus

Dog/board
Cat or small animal
Livestock

$ 110.00 per animal
$ 55.00 per animal+ board fees

$ 28.00 per day
$ 23.00 per day
$ 28.00 per day (at cost if not at Animal
Shelter)

214-3320.46710
Surrender Fees:

Surrender - dog with license
Surrender - dog unlicensed
Surrender - puppy litter
Surrender - kitten litter
Surrender - small animals (rats, misc. hamsters,
birds, snakes)
Surrender - cat/rabbit/snake/lizard (2 lbs and larger)
Surrender - vaccination for unvaccinated dogs & cats
(fee is per vaccination)

$ 30.00
$ 54.00
$ 42.00
$ 42.00
$ 15.00

$ 30.00
$ 20.00

214-3320.46725
>>COMMUNITY DEVELOPMENT<<

DESCRIPTION

FEE

ACCT CODE

PLANNING & ENGINEERING STAFF HOURLY
RATES
As outlined in Hourly Rate Detail report on file
in the Finance Dept
Various
PLANNING FEES:

Minor Administrative Use Permit $ 539.00 non-profit pays 50% of fee 100-5130.46610 Major Administrative Use Permit $ 1,146.00 100-5130.46610 Temporary Sign/Banner Permit $ 124.00 100-5130.46610 Zoning Administrator Use Permit $ 2,943.00 per application 100-5130.46610 Application Extension $ 853.00 100-5130.46610
Professional Services & Consultant Contracts
General Plan Maintenance
Actual cost + 10% Administrative Fee
5% of Building Permit Fee
100-5130.46610
100-5130.46617
Home Occupation Review $ 134.00 100-5130.46610
Sidewalk Vendor Permit $ 134.00 100-5130.46610
Plan Review Residential - $262.00 per plan; Commercial - $523.00 per plan; Deposit Project charge fully
burdened hourly rates plus any outside costs
100-5130.46610
Sign- Planning Approval (building permit) $ 167.00 100-5130.46610 Sign Review Administrative $ 907.00 100-5130.46610

MASTER FEE SCHEDULE
City of
Antioch
6 >>COMMUNITY DEVELOPMENT<<

DESCRIPTION

FEE

ACCT CODE
PLANNING FEES (Cont.):

Sign Program Review $ 2,127.00 per application 100-5130-46610 Sign Review Planning Commission $ 1,941.00 per application 100-5130.46610 Minor Design Review $ 1,301.00 per application 100-5130.46610 Variance - Administrative
Variance - Hearing
$ 779.00 per application
$ 1,925.00 per application
100-5130.46610
100-5130.46610
Specific Plan Preparation Contract cost + any outside agency cost + staff review time at fully burdened hourly rate
100-5130.46610
Zoning Verification Letter Residential - $208.00/letter Commercial - $368.00/letter
100-5130.46610
Public Hearing Postage single noticing
Public Hearing Postage double noticing
$ 25.00 Planning Commission Only
$ 50.00 Planning Commission & City
Council review
100-5130.46610
PLANNING DEPOSIT APPLICATIONS The
following are deposits required for the items of
work. Actual costs will be billed monthly for staff
time at fully allocated hourly rates.

Annexations $ 10,000.00 Various
Development Agreement (deposit) $ 2,500.00 Various
Final Development Plan (deposit) $ 10,000.00 Various
General Plan Amendment (deposit) $ 10,000.00 Various
Master Development Plan (deposit) $ 10,000.00 Various
Environmental Document Preparation (deposit) $ 2,500.00 Various Municipal Code Amendment Review (deposit) $ 2,000.00 Various Preliminary Development Plan (deposit) $ 2,000.00 Various Residential Development Application (deposit) $ 3,000.00 Various Use Permit (deposit) $ 2,000.00 Various
Zoning/Rezoning Request (deposit) $ 2,000.00 Various

DEVELOPMENT IMPACT FEES
Development Impact Fees, charged per unit for
residential and per sq. ft. non-residential:

General Administration
Public Works
Police
Parks and Recreation

Total
Single Multi- Non-
Family Family Senior Residential

$ 460.00 $ 292.00 $ 230.00 $ 0.07
$ 445.00 $ 282.00 $ 223.00 $ 0.06
$1,190.00 $ 755.00 $ 596.00 $ 0.17
$3,261.00 $2,065.00 $1,631.00 $ 0.00

$5,356.00 $3,394.00 $2,680.00 $ 0.30

A 3% administrative charge shall be applied
to all fees listed above.
*Accessory Dwelling Units shall be charged a
modified rate in accordance with Antioch
Municipal Code Section 9-3.60

321-5500.46660
322-5505.46661
323-5510.46662
324-5515.46663
BUILDING FEES:

Pool Safety Fee applies to all pools, hot tubs, or any structure capable of holding more than 18 of water
1/10 of 1% of valuation 100-5160.46650
Certified Access Specialist Consultation Fee Actual Consultant Cost + 10% admin fee 100-5160.46651 Solar Photovoltaic System Residential
Commercial - $1,000 + $7 per kW for each kW
between 51kW & 250 kW + $5 for every kW over
250kW
$ 309.00 100-5160.42040

MASTER FEE SCHEDULE
City of
Antioch
7 >>COMMUNITY DEVELOPMENT<<

DESCRIPTION

FEE

ACCT CODE
BUILDING FEES (Cont.):

Residential Construction:

Dwellings, sf
Private Garages, sf
Sheds less than 300 sf
Building Permits, minimum
Valuation:
$ 133.00148.33/sf
$ 52.0059.88/sf
$ 18.00/sf
$ 145.00
100-5160.42040

Plumbing fee, sq ft; Mechanical fee, sq ft;, Electrical fee, sq ft; and Insulation fee, sq ft

Minimum fee - Plumbing fee, Mechanical fee,
Electrical fee, and Insulation fee

Valuation:
$0.24/sf Commercial, and
$0.18/sf Residential for plumbing, mechanical,
electrical and insulation

$ 145.00

100-5160.42040

Patios, carports, patio covers, sq ft
Wood decks/lath patios, sq ft
Valuation:
$ 15.00/ sq ft
$ 12.00/sq ft

100-5160.42040
Plan Check Fee 65% of Building Permit Fee 100-5160.46605 Green Building Verification & Compliance Fee 18% of Building Permit Fee (New residential & room additions)
15% of Building Permit Fee
(New Commercial & Tenant Improvement with
Title 24)
100-5160.46658
Green Building Verification & Compliance Fee 18% of Building Permit Fee (New residential & room additions)
15% of Building Permit Fee
(New Commercial & Tenant Improvement with
Title 24)
100-5160.46658
Pool, residential + plan check $ 40,000 valuation or contract value, whichever is greater
100-5160.42040
Pool, commercial + plan check Contract Price 100-5160.42040 Spas + plan check $ 7,100.00 valuation 100-5160.42040
Above Ground Pool (no plan check) $ 1,100.00 valuation 100-5160.42040 Special Inspections (written)
Special Inspections/Reinspection (3rd)
$ 145.00175.00 1 hr minimum
$ 116.00175.00 1 hr minimum
100-5160.42040
100-5160.42040
Grading Permit Fee calculation based on contract price 100-5160.42040 Plot Plan Modification/Resubmittal - per lot $ 59.00 100-5160.42040 Changes to existing permits for new houses/permit $ 291.00 100-5160.42040 Reroof
Under 20 squares with tear off
Over 20 squares with tear off
Comp over Comp
Valuation:
$ 6,500.00
$10,000.00
$ 4,500.00
Or contract value, whichever is greater
100-5160.42040
Technology Fee
Energy Inspection Fee
Accessibility Fee (Non-residential)
6% of building permit fee
2% of building permit fee
2% of building permit fee
100-5160.46655
100-5160.46656
100-5160.46657

MASTER FEE SCHEDULE
City of
Antioch
8 >>COMMUNITY DEVELOPMENT<<

ANTIOCH BUILDING PERMIT FEES
Total Valuation 202 12-223 Fee
$1 to $2,000 $ 145.00
$2,001 to $25,000 $ 145.00 for the first $2,000+ $ 16.00 for each additional $1,000 or fraction thereof, up to and including $25,000
$25,001 to $50,000 $ 450.00 for the first $25,000+ $ 12.00 for each additional $1,000 or fraction thereof, up to and including $50,000
$50,001 to $100,000 $ 740.00 for the first $50,000+ $ 8.00 for each additional $1,000 or fraction thereof, up to and including $100,000
$100,001 to $500,000 $ 1,143.00 for the first $100,000 + $ 7.00 for each additional $1,000 or fraction thereof, up to and including $500,000
$500,001 to $1,000,000 $ 3,720.00 for the first $500,000 + $ 6.00 for each additional $1,000 or fraction thereof, up to and including $1,000,000
$1,000,001 and up $ 6,451.00 for the first $1,000,000 + $ 4.00 for each additional $1,000 or fraction thereof

DESCRIPTION FEE

ACCT CODE
CODE ENFORCEMENT:

Abatement or Impound (vehicle, RV, boat, trailer) $ 203.00 100-5140.46025 Code Compliance Re-Inspection $ 240.00 100-5140.46025 Public Nuisance Abatement Administrative Cost $ 2,075.00 per abatement plus actual staff cost at fully burdened hourly rate of on-site review
plus actual cost of abatement
Emergency actual cost of abatement plus
actual staff cost at fully burdened hourly rate
($250.00 minimum)
100-5140.46020
Shopping Cart Abatement or Impound Fee $ 52.00 100-5140.47010 Shopping Cart Fine
(more than three occurrences in 6 months; in
addition to Abatement/Impound fee)
$ 52.00 100-5140.47010
Sign Retrieval $ 23.00 100-5140.46020

RESIDENTIAL RENTAL INSPECTION
PROGRAM (RRIP) (Reso 2007/57):

Initial Registration
(charged when the property enters the program)
Inspection Fee
(charged with enrollment or renewal of non self-
certified properties from 1-4 units)
Additional Unit Inspection Fee
(charged per unit after 4 units)
Annual Self-Certification/Renewal Fee
(when eligible for self-certification)
Re-Inspection Fee
(charged for follow up inspections due to non-
compliance found in initial inspection and first
follow-up)

$ 73.00

$ 227.00

$ 14.00

$ 33.00

$ 160.00

MISCELLANEOUS COMMUNITY DEV. FEES:

Annexation Review: (Fees subject to change by
LAFCO, or State of California) Pass Through

Pass through

MASTER FEE SCHEDULE
City of
Antioch
9 >>COMMUNITY DEVELOPMENT<<

DESCRIPTION FEE

ACCT CODE
MISCELLANEOUS COMMUNITY DEV. FEES
(Cont):

LAFCO Fee
State Fee (Refer to State Board of Equalization
Schedule for State Processing fee).

City Annexation Fee all fees to be escalated by the
SF CPI
Commercial/Industrial Properties

Residential Properties

$808.00 per gross acre due at annexation; and
$1,075.00 per gross acre due with subdivision
or building permit

100-0000.27000
Annexation Fee in FUA #1 for Lone Tree Area $ 68.00 per acre 100-5130.42050 Waste Management Plan Processing $ 35.00 226-5225.47010 GIS Based Mapping Fee (transferred to County) $50/unit 100-0000.22024 City Base Map with Street grid 60 x 78
(wallsize), 1:600 scale
$61 with photo paper
$51 with heavyweight paper 573-1435.43200
City Base Map without street grid 60 x 78
(wallsize), 1:600 scale
$61 with photo paper
$51 with heavyweight paper
573-1435.43200
City Base Map 34x44 $46 with photo paper
$41 with heavyweight paper
573-1435.43200
City Subdivision Map 34x44 $46 with photo paper
$41 with heavyweight paper
573-1435.43200
General Plan Map 34x44 $46 with photo paper
$41 with heavyweight paper
573-1435.43200

>>PUBLIC WORKS<<

DESCRIPTION

FEE

ACCT CODE
MISCELLANEOUS PUBLIC WORKS FEES:

Mobile Stage Rental/day:

Government and Non Profit Uses Flat Fee
Commercial or Private Uses Per Hour

$ 533.00
Within 20-mile radius: $1,337 for first day,
plus $213/day.

Outside 20-mile radius: $1,337 for first day,
plus $126/hour for moving stage, plus
$213/day

621-2210.46820

Public Works Department Training Room Rental:

Government and Nonprofit Uses per hour
Commercial or Private Uses per hour

$ 56.00
$ 95.00

100-2140.46300
Legends /Buttons No Dumping Drains to Delta $5.00 /each 229-2585.47010 Park Maintenance Memorial Tree Grove:

Tree, planting and memorial plaque $ 500.00 100-0000.22054

MASTER FEE SCHEDULE
City of
Antioch
10 >>PUBLIC WORKS<<

DESCRIPTION

FEE

ACCT CODE

MISCELLANEOUS PUBLIC WORKS FEES
(Cont.):

Public Works Services Hourly Rates:

Streets
Signs
Water (Distribution & Treatment)
Wastewater Collections
Storm Channels
Landscaping

Fully burdened hourly rate for all staff
involved + cost of materials & equipment

100-2160.46630
611-2310.46630
621-2210.47010
229-2585.47010
SLLMD Accts
Public Works Gate Keys:

Streets
Water (Distribution & Treatment)
Wastewater Collections
Storm Channels
Landscaping
$ 50.00/key for cell tower access
$100.00/key refundable deposit (all other
locations)

100-2160.46630
611-2310.46630
621-2210.47010
229-2585.47010
SLLMD Accts
Sandbags (Limit 20/customer)
Sandbags (filled)
Sandbags (empty)

$1.00/ea
$0.50/ea

621-2210.47010
611-2330.47010
Plans & specs for PW contract, minimum $ 25.75 Various Construction details/set $ 27.00
Water System Master Plan, each $ 20.6050.00 Various
Urban Water Management Plan, each $ 31.0050.00

RECREATIONAL VEHICLE STORAGE
FACILITY FEES:

Park Maintenance District 1A
20 ft/25 ft spaces/month
30 ft spaces/month
40 ft spaces/month
Lock-out fee (delinquent accounts)
Reconnect fee (reinstate accounts)
Replacement Gate Cards
Alarm user card replacement fee
Wait list fee for non-tenants (non-refundable)

$ 50.00
$ 60.00
$ 70.00
$ 19.00/ea
$ 19.00/ea
$ 19.00/ea
$ 19.00/ea
$ 25.00

255-4551.44810
ENGINEERING FEES:

Lot Line Adjustment
Merger of Contiguous Parcels
$ 1,850.00 per application
$ 3,395.00 per application
100-5150.46605
100-5150.46605
Encroachment Permit Application and Processing

$200.00 per permit for projects up to $50,000;
projects over $50,000 charged the fully
burdened hourly rates for staff time + outside
costs
100-5150.42070

Encroachment Permit Inspection- $0 - $2,000 project $ 280.00 100-5150.42070 Encroachment Permit Inspection- $2,001- $10,000
project
Encroachment Permit Inspection- $10,001 - $50,000
project
Encroachment Permit Inspection - $50,000 + project
$ 840.00
$ 1,390.00
Deposit set at 10% of construction value with
charges at fully burdened hourly rates for staff
time + outside costs
100-5150.42070

100-5150.42070
100-0000.20999

MASTER FEE SCHEDULE
City of
Antioch
11 >>PUBLIC WORKS<<

DESCRIPTION FEE

ACCT CODE
ENGINEERING FEES (Cont.):

Encroachment agreement (permanent structure) $ 590.00 per application plus fees from any other inspections/permits and any other
agencies
100-5150.47070
Traffic Control Plan Review Arterial & Collectors $0-$50,000 valuation - $270.00 $50,000 + valuation Deposit set at 10% of
construction value with charges at fully
burdened hourly rates of staff time + outside
costs
100-5150.42070
Cell Tower Review Modification to existing - $1,040.00 per application; New tower charges at fully
burdened hourly rates of staff time + outside
costs
100-5150.46605 and
various specified job
account codes
Professional Services & Consultant Contracts Actual cost + 10% Administrative Fee Various Sidewalk repair inspection $ 280.00460.00 100-1250.46400 Wide Load Vehicle Permit (State law restricts this
fee to $16 per single trip or each trip completed)
$ 16.00 100-5150.42090
Lone Tree Way Bridge & Arterial Benefit District
(See Reso 92/254 concerning Lone Tree Corridor
Overlapping Benefit District, AD No. 27/31)
Resolution 92/254
Hillcrest Bridge Benefit District (Hillcrest @ State
Highway 4)
$ 254.00/dwelling unit 391-2530.42100
Lone Tree Corridor Overlapping Benefit District -
AD #27/31 (Lone Diamond)
$ 373.93/unit 376-2530.42100
PARK IN LIEU FEES (PER UNIT) (Ordinance
#2080-C-S):

Single Family, detached
Single Family, attached
Duplexes
Multi-Family
Mobile Home

$ 1,500.00
$ 1,100.00
$ 950.00
$ 950.00
$ 950.00

216-2520.46640
FIRE PROTECTION FEES (Ordinance #2173-C-
S effective 10/24/19):
(A) Per single-family dwelling unit
(B) Per multi-family dwelling unit
(C) Per 1,000 sq ft of office space
(D) Per 1,000 sq ft of commercial space
(E) Per 1,000 sq ft of industrial space

$ 951.00
$ 451.00
$ 568.00
$ 649.00
$ 379.00

755-0000.25000
TRAFFIC SIGNAL FEES: (Reso. No. 83/193)
Residential - all types
Commercial/industrial - greater of either:

A. $ 70/off-street parking space required by City
code; or
B. $194/each daily peak hour trip traveling to and
from
Development based upon:

Office - 2.5 trips/1,000 sq ft (gross)
Commercial - 3 trips/1,000 sq ft (gross)
Service/industrial - 2 trips/1,000 sq ft (gross)

$ 430.00

220-2540.46635

MASTER FEE SCHEDULE
City of
Antioch
12 >>PUBLIC WORKS<<

DESCRIPTION

FEE

ACCT CODE
ENGINEERING DEPOSIT APPLICATIONS The
following are deposits required for the items of work.

Actual costs will be billed monthly for staff time at
fully allocated hourly rates.

Tentative Tract Map: 1-4 lots (deposit) $ 7,500.00 Various Tentative Tract Map: 5 or more lots (deposit) $ 10,000.00 Various Reversion to Acreage (deposit) $ 7,500.00 Various
Subdivision Plan Check, Map Check and Inspection
(deposit)
$ 30,000.00 Various
WATER FEES:

New Water Account Set up
Bacteriological Testing After Hydrant Repair
$ 30.00
$100.00 per test plus fully burdened hourly rate
for all staff involved + cost of materials and
equipment
611-2310.46840
611-2310.46630
Bacteriological testing of new water main installations:
any test required after initial bacteriological failure $100.00 per test plus cost of labor and materials
fully burdened hourly rate for all staff involved
+ cost of materials and equipment - only
charged if test failure
611-2310.46630
Metered water sales/100 cubic foot:

Single Family
Tier I 0-12 HCF
Zone I
Zone II*
Zone III*
Zone IV*
*Zones II, III and IV include pumping quantity surcharge Tier II 13 and over/+HCF
Zone I

Zone II*
Zone III*
Zone IV*
*Zones II, III and IV include pumping quantity surcharge

$ 3.78 Outside City evaluated on a case-by-
case basis
$ 3.89
$ 3.99
$ 4.20

$ 6.22 Outside City evaluated on a case-by-
case basis
$ 6.33
$ 6.43
$ 6.64

611-2310.46825

Non single family
Zone I
Zone II*
Zone III*
Zone IV*
Outside City
*Zones II, III and IV include pumping quantity surcharge

$ 4.44
$ 4.55
$ 4.65
$ 4.86
Outside City evaluated on a case-by-case basis

Raw Water $ 3.15
Backflow Prevention Device Testing:

New Install Testing
Backflow Test on new install and temporary
construction (non fireline)

$140.00/each

611-2330.46630

MASTER FEE SCHEDULE
City of
Antioch
13 >>PUBLIC WORKS<<

DESCRIPTION

FEE

ACCT CODE
WATER FEES (Cont.):

Backflow Prevention Device Maintenance Fees:

Double Check Valve/Reduced Pressure Devices
(monthly by device size as listed below):

5/8 x 3/4
1 inch
1 ½ inch
2 inches
3 inches
4 inches
6 inches
8 inches
10 inches
Backflow Prevention Device Installation

Double Check/RP Device
$ 5.30
$ 5.40
$ 7.30
$ 7.70
$ 25.10
$ 27.10
$ 34.10
$ 61.70
$ 79.80
Actual Cost

611-2330.46855
Fire Protection:

Fire Protection water service charge for unmetered
connections to water system equipped with a detector
check assembly for privately owned sprinklers,
hydrants, or other outlets used for firefighting;
Monthly Standard 5/8 x ¾ Meter Service Fee
$24.40 plus the following:

$ 24.40 plus rates below

Fire sprinkler requires 1 Double Check Detector
Backflow Test on ALL new fire line installations
New Install Testing:

Test on Residential Properties
Test on Commercial Properties (Detector Assemblies)
4 inches and under
6 inches
8 inches
10 inches
Backflow Prevention Device Installation
Double Check Detector Assembly (DCDA)
$ 140.00

$ 140.00
$ 352.00
$ 40.70
$ 47.80
$ 64.90
$ 90.40
Actual Cost
611-2310.46825

Hydrant Meter Water Installation:

Deposit for Hydrant Meter
Hydrant Meter Monthly Charge
Installation
Relocation
Hydrant water usage/unit; Potable or Recycled Water

$ 2,885.00
$ 80.00
$ 140.00 plus deposit
$ 70.00140.00
$ 3.50 Outside City Limit - fees
evaluated on a case-by-case basis

611-2310.46825
Backflow Protection on Hydrant Meter (when
applicable):

Deposit on Backflow Device
Test on RP (new install test)
Monthly Charge for RP

$ 706.00
$ 140.00
Per rates for device sizes listed above

Water Utility Penalty, % of unpaid bill 5%

MASTER FEE SCHEDULE
City of
Antioch
14 >>PUBLIC WORKS<<

DESCRIPTION

FEE

ACCT CODE
WATER FEES (Cont.):

Water Service Charge for Monthly Maintenance of
Water Lines by Meter Size:

5/8"x 3/4"
1"
1-1/2"
2"
3"
4"
6"
8"
10"
12"

$ 24.40
$ 55.00
$ 105.00
$ 165.00
$ 305.00
$ 506.00
$ 1,008.00
$ 1,610.00
$ 2,312.00
$ 3,315.00

611-2310.46840

Water for Construction/home:
(Slab-Prestressing exercises)

$ 29.00

611-2310.46845

Water Meter Installation (includes labor and material):

Single Family Residential:

New Subdivision with Lateral
5/8 x 3/4" meter with remote reading

1 meter with remote reading

Return visit for meter installation

Existing Subdivision, Lateral Not Installed:

Water Meter/lateral installation

$140.00 (Labor) plus $200.00225.00 (Materials)

$140.00 (Labor) plus $268.00350.00 (Materials)

$ 140.00 return visit for meter installation,
when contractor does not have the site ready
Actual Cost

Fully burdened hourly rate for all staff involved
plus any outside costs

611-2310.46850

Backflow device penalties, % of unpaid bill 5% of unpaid bill 611-2310.46855

FOR ALL DELINQUENT, NON-PAYMENT, OR
SUSPENDED ACCOUNTS:

Processing Service Charge
Disconnection Service Charge
Reconnection Service Charge-service is provided next
business day
Reconnection Service Charge, Same Day Service

$ 26.00

$ 104.00 each/per trip when the water is already
disconnected
No Charge

$ 150.00

611-2310.46830

Water Meter Tampering + parts & labor Fully burdened hourly rate of staff involved plus any outside costs minimum charge of $250.00

Return Trips returning for the same reason, service is provided next business day
No Charge
Return Trips returning for the same reason, same day
service
$150.00 each subsequent visit

MASTER FEE SCHEDULE
City of
Antioch
15 >>PUBLIC WORKS<<

DESCRIPTION

FEE

ACCT CODE
WATER FEES (Continued):

FOR ALL NON-DELINQUENT ACCOUNT
REQUESTS:

Water Turn On/Off - service is provided next
business day
Water Turn On/Off same day service

No Charge

$ 150.00

Water Meter Tests and/or Water Meter Replacement
- charge when requested by customer
Fully burdened hourly rate of all staff
involved plus any outside costs. Fee will be
refunded if meter found to be running fast.

Pressure/Flow Test for Design Purposes $ 140.00 611-2310.47010 Water Deposits:

Residential
Commercial

$ 186.00 (requires guaranteed funds)

1.5 times month avg

611-0000.22100

SEWER FEES:

Delinquent sewer charges, % of unpaid bill

5% 621-2210.46820
Residential Uniform Charges per dwelling unit
each month (Resolution 2021/102)
Single Family Dwelling Unit $/month charge

$ 15.00
621-2210.46820
Multi Family Dwelling Unit $/month
Apartment, Mobile Home Dwelling Unit $/month

Non Residential monthly charge (Reso. 2021/102)
Account Charge $/month
Volume Rate $/month

Fee to televise sewer mains
$ 13.40
$ 11.95

$ 4.60 plus volume rate
$ 1.31/per HCF

$ 1.15/ft + Time and Materials (fully
burdened hourly rate + cost of materials and
equipment)

Southeast Gravity Sewer Fee/unit, per city
ordinance #846-C-S

$652.00

Fee for inspection/certification of storm water
collection facilities C-3 requirements
Time and materials for inspection/repair or
replacements costs (fully burdened hourly
rate)

TV Sewer Lateral on Property Sale $105.00 per lateral 621-2210.46630 Sewage Spill Cleanup Fully burdened hourly rate for all staff involved plus any outside costs
621-2210.46630

MASTER FEE SCHEDULE
City of
Antioch
16 >>PUBLIC WORKS<<

WATER & SEWER FACILITY RESERVE FEES
In January 2003, the three components for capacity charges (connection, annex, and storage) were combined into one charge (612-2560.46860) in order to improve administration and reduce the complexity of capacity charge development and implementation. Sewer connection fees are reported in 622-2570.46810. Water Storage Fees, Water Service District Annexation Fees and Water and Sewer Connection Fees shall automatically adjust in each succeeding year in accordance with the Engineering News Record Cost of Construction Index.

Water Meter Size or
Customer Class
*Sewer Connection
622-2570.46810
Treated Water Capacity
100-0000.25001
*Water Capacity
612-2560.46860

5/8 x 3/4

$1,121.38 $ 5,886.866,237.27
1-inch $2,803.45 $ 14,717.1415,593.17
1-1/2 inch $5,606.90 $ 29,434.2731,186.33
2-inch $8,971.04 $ 47,162.6449,969.32
3-inch $17,942.08 $ 88,594.5893,921.41
4-inch $28,034.50 $ 147,284.37156,050.31
6-inch $56,069.00 $ 294,568.76312,100.65
8-inch $100,924.20 $ 472,746.41501,429.94
10-inch $162,600.10 $ 680,872.57723,046.20
12-inch $241,096.70 $ 979,417.171,040,442.86
Residential:

Single Dwelling (per unit) $ 2,825.772,967.06 $1,121.38 $ 5,886.866,237.27 Multi Family (2-4 units) (per unit) $2,259.742,372.73 $1,121.38 $ 5,886.866,237.27 Apartment/Mobile Home (per unit) $1,842.611,934.74 $1,121.38 $ 5,886.866,237.27 *Sewer Capacity Non Residential: Average gallons per day @ $13.6714.35 per gallon *Water Capacity Residential/Multi Family/Apartment/Mobile Home: If meter size greater than 5/8 x 3/4" charge by meter size.

MASTER FEE SCHEDULE
City of
Antioch
17 >>MARINA<<

DESCRIPTION

FEE

ACCT CODE
MARINA FEES:

Credit Check Fee (Non-refundable. Fee includes staff
time to process)
$25.00/each 631-2410.44830
*Open berths (length of boat, all overhangs included,
or berth, whichever is greater) per month. Does not
include electric power. Effective 10-01-22
$6.006.30/ft/month 631-2410.44830
*Covered berth (length of boat, all overhangs included, or berth, whichever is greater) per month. Does not
include electric power. Effective 10-01-22
$7.507.90/ft/month 631-2410.44830
Electric Sub Meter charge/month, at PG&E prevailing
rates for the type of service, adjusted for time of year.

Charge at PG&E established rates per kwh for
the type of service, adjusted for time of year
631-2410.44830
Skiff berths: Open boat only. Maximum length
overall (LOA) with all extensions, including
outboard motor in the stored (up) position.

Maximum 198' and less LOA/month
Maximum -20-21' LOA/month
Maximum -22-24 LOA/month
Late Payment Fee (Payments received after the 15th of
the month)

$ 50.00
$ 80.00
$100.00
10% of Statement/$10.00 minimum
631-2410.44830
Kayak Facility Use

Live aboard fees/month
$ 30.00/month

$175.00
each additional person $ 60.00
631-2410.47010

631-2410.44830
Wait-list fee for non-tenants (non-refundable) $ 50.00 631-2410.44840 Transient overnight vessels:

Marina day use fee
Vessels less than 45'/night
Over 45 and commercial

$ 5.00
$ 25.00
$ 35.00
631-2410.44830
Dock boxes/month
Lien sale filing fee
Vessel chaining (impound) fee - each occurrence
Vessel de-watering (pumping) fee. First pumping is
free; thereafter, charge is $60.00150.00/pumpinghour
+ Time Materials & Equipment.

Labor fee for re-tying, moving, towing, salvaging,
repairing, installing, removing, cleaning, etc., per hour (in ½ hour minimum increments)

Electronic Key/PIN Code fee (Non-Refundable)
$ 5.00
$100.00220.00
$150.00
$ 60.00150.00/hour + Time Materials and
Equipment (Fully Burdened Hourly Rate cost
of materials and equipment)
$75.00 per ½ hour + Time and Materials and
Equipment(Fully Burdened Hourly Rate)
$ 10.00
631-2410.47010
631-2410.47010
631-2410.47010
631-2410.47010

631-2410.47010

631-2410.47010
Boat Launch Fees (per reso 2011/75): Daily rate
Annual pass (January December)
$ 5.00
$100.00
631-2410.46030
631-2410.46030
Jet Ski Dock Rental per month $ 60.00 631-2410.44830
Specials:

The Public Works Director may offer discounted
promotional fees of a limited duration depending on
availability

MASTER FEE SCHEDULE
City of
Antioch
18 >>RECREATION AND COMMUNITY SERVICES<<

DESCRIPTION FEE

ACCT CODE
Senior Bus One-Way Fares $ 2.00 218-4310.46140
Late fee for not picking up children at scheduled release time - $5.00 per 5-minute interval per child
Refund Service Charge (applicable to customer-initiated cancellations for activities or memberships)
$ 5.00

$ 7.00
Various
Activity/Facility Rental Fees: Activity/Facility Rental Fees are set to cover all direct costs and indirect costs as approved in the Fee and Pricing Policy including but not limited to instructors, staff, materials, contracted
services, and necessary overhead.

FACILITY USE DEPOSITS, LATE FEES, AND
Fees set to cover costs as approved in the
Fee and Pricing Policy
$12.00 added for non-resident
participation and non-AUSD
participation
Various
CONTRACT MODIFICATION FEES:

Facility Deposit-Dining Capacity 71 and above
(refundable at 100% compliant)
Facility Deposit-Dining Capacity 70 and under
(refundable at 100% compliant)
Police Response Deposit (refundable at 100%
compliant)
Alcohol Use Permit Outdoor Picnic Areas/Group Use
(non-refundable)
Alcohol Use Permit-Indoor Facilities/Private, Group,
Organization Use (non-refundable)
Security Guard (non-refundable)
All events serving any alcohol require security
guards. City provides security guards based on
attendance. Refer to Rental Policies and Procedures
for the number of security guards required. Contract Modification 7 Days After Contract Approval
Less Than 14 Days Prior to Event
Modification is not available less than 7 days
Late Fee for Unpaid Balance per the Contract Schedule
Event/Contract Cancellation Fee

Deposits, alcohol permits, security guards, late fees and contract modification fees apply to all Recreation
facilities and designated programs

$500.00
$200.00

$500.00

$ 20.00

$ 200.00

$ 38.00/hr per guard

$ 75.00
$100.00

$100.00
$ 75.00 plus additional penalties outlined
in contract schedule of payment

219-0000.22000

Various

Non-Profit* Discount for the Following Facilities:

Antioch Community Center Multi-Use Rooms
Antioch Water Park Community/Multi-Use Room
Nick Rodriguez Community Center
Antioch Senior Center Multi-Use Rooms
*Must provide proof of IRS Designation as 501 (c)
(3) Or public agency

25% discount off of the room rental rate

MASTER FEE SCHEDULE
City of
Antioch
19 >>RECREATION AND COMMUNITY SERVICES<<

DESCRIPTION FEE

ACCT CODE
City of Antioch Employee Discount for the Following
Facilities:

Antioch Community Center Multi-Use Rooms
Antioch Water Park Community/Multi-Use Room
Nick Rodriguez Community Center/Senior Center
Antioch/Senior Center Multi-Use Rooms
Must be a current Full-Time City Employee
20% discount off of the room rental rate

219-4495.44810
219-4630.44810
219-4410.44810
219-4420.44810
Nick Rodriguez Community Center/Senior Center
Fees:

Theater per hour**
Green Room
Multi-Use Room per hour
10 Hour Rate
Podium
Screen and Projector Per Day
Screen Only Per Day
Regular Microphone Per Day
Arts & Crafts Room per hour (Nick Rodriguez Center)
Conference Room per hour
Classroom per hour
Physical Fitness Room per hour
Technician per hour

$ 115.00
$ 56.00
$ 115.00
$1,035.00
$ 20.00
$ 43.00
$ 20.00
$ 12.00
$ 56.00
$ 56.00
$ 56.00
$ 56.00
$ 55.00

219-4410.44810
219-4420.44810
Grand Piano Rental:
1 Day
2 Days
Each additional day
**For long-term productions contact the Recreation
Department
Antioch Senior Center Fees:

Mno Grant Dining Hall Per Hour
10-Hour Rate
Podium
Screen and Projector Per Day
Screen Only Per Day
Regular Microphone Per Day
Arts and Crafts Room Per Hour (Senior Center)
Riverview Room Per Hour

$ 77.00
$ 108.00
$ 45.00

$ 115.00
$ 1,035.00
$ 20.00
$ 43.00
$ 20.00
$ 12.00
$ 56.00
$ 56.00

219-4420.44810
Antioch Community Center Fees:

San Joaquin Community Hall - Full Ballroom
Monday Thursday per hour
Friday, Saturday-Sunday Per hour/10 hour rate
Sunday OnlySpecial, 3:00pm-11:00pm
Lobby per hour, Full Ballroom option only
San Joaquin Community Hall Half Ballroom
Monday Thursday per hour
Friday, Sunday Per hour/10 hour rate
San Joaquin Community Hall One Fourth Ballroom
Monday Thursday per hour
Friday, Sunday Per hour/10 hour rate
West Island Room per hour
Gymnasium For Non-Sport Uses
Full-day rental only up to 12 hours

$ 222.00
$ 265.00/2,385.00
$ 1,200.00
$ 78.00

$ 126.00
$ 150.00/1,350.00

$ 79.00
$ 92.00/828.00
$ 75.00

$ 3,725.00
219-4495.44810

MASTER FEE SCHEDULE
City of
Antioch
20 >>RECREATION AND COMMUNITY SERVICES<<

DESCRIPTION

FEE

ACCT CODE
Antioch Community Center Fees (Cont.):

Amphitheatre
Per Hour
Companion use with Community Hall per hour; two
hour minimum
Arbor Use Per Day
Full Service Catering Kitchen
With Community Hall One Time Fee
Individual Rental Per Hour
Ballroom Projector and Screen Per Day
Ballroom Screen Only Per Day
West Island Projector and Screen Per Day
West Island Screen Only Per Day
Podium Per Day
Portable Bar Per Day
Regular Microphone Per Day
Wireless Microphone Per Day

$ 135.00

$ 100.00
$ 100.00

$ 107.00
$ 53.00
$ 78.00
$ 26.00
$ 53.00
$ 23.00
$ 20.00
$ 30.00
$ 12.00
$ 16.00

Picnic Area Group Use Fees:

Alcohol Permit Required (refer to page 18)
Bounce House/Air Jumper Permit Required
Neighborhood park picnic areas are available to reserve on a daily basis
Jensen Family Picnic Grove Fees:

Picnic Rental Areas: Three picnic areas are available to rent on a daily basis. Applicants may reserve any
combination of picnic areas that fit their needs. (All areas combined will accommodate 160 guests)

$ 20.00
$ 10.00 per table
219-4450.46135
Area 4, Capacity 40
Full Day (8am to dusk)

$ 50.00

Area 3, Capacity 50
Full Day (8am to dusk)

$ 65.00

Area 2, Capacity 70
Full Day (8am to dusk)
Picnic Cancellation Fees (must be at least 7 days in
advance)
$ 90.00
$ 10.00

Prewett Park Outdoor Grand Plaza Fees:

Plaza Area Capacity 120
Per Hour, 2 Hour Minimum
Full Day (8am to dusk)

$ 45.00
$ 200.00

219-4495.44810

Waldie Plaza Use Fees:

Waldie Plaza is available for rent on a daily basis; ideal for community events and citywide gathering. Rental
application subject to City review and may require
additional fees and/or permits.

Monday-Thursday
Full Day (8am to dusk)
Friday, Saturday, Sunday

$1,750.00
$2,000.00

Athletic Fields Fees:

Day Use - 1 hour minimum
Night Use 2 hour minimum
Facility Closure Fee $15 for every 15 minutes after the end time for field use

219-4450.46135

MASTER FEE SCHEDULE
City of
Antioch
21 >>RECREATION AND COMMUNITY SERVICES<<

DESCRIPTION

FEE

ACCT CODE
Athletic Fields Fees (Cont.):

City Park
Adult Day Use Per Hour $ 20.00
Youth Day Use Per Hour $ 10.00
Adult & Youth Night Use (includes lights) Per Hour $ 50.00 Community Park
Adult & Youth Day Use Per Hour
Adult & Youth Night Use (includes lights) Per Hour
Field Drag
Security Deposit (per field)
Cancellation Fees
30 day notice Administrative Fee
Less than 30 days notice Security Deposit

$ 27.00
$ 60.00
$ 48.00
$150.00
$ 35.00
$100.00

219-0000.22000

Half (½) Gym
Adult Use Per Hour
Youth Use Per Hour

$ 35.00
$ 29.00

219-4495.44810
Full Gym
Adult Use Per Hour
Youth Use Per Hour
Adult Saturday/Sunday
Youth Saturday/Sunday

Scoreboard Rental Per Day
Security Deposit for Tournaments

$ 57.00
$ 45.00
$ 80.00
$ 66.00

$ 26.00
$250.00

219-0000.22000
Antioch Water Park Fees:

Daily Admission Weekend/Holidays $ 16.00 219-4630.46110 Daily Admission - Weekday $ 14.00
Daily Admission - After 4:00 pm $ 8.00
Active Military with current ID
Seniors Adults 62 and older
Antioch Resident Season Pass
$ 8.00
$ 8.00
$ 75.00

219-4630.46112
Antioch Resident Season Pass Early Discount
Purchased before Opening Day
Non-Resident Season Pass
Non-Resident Season Pass Early Discount Purchased
before Opening Day
Group Rates
Weekend 10 or more
Weekday 10 or more
Weekday 50 or more
Weekend with water park multi-use room rental
$ 60.00

$ 92.00
$ 72.00

$ 14.00
$ 12.00
$ 11.00
$ 12.00
219-4630.46112

219-4630.46124
219-4630.46124
Complete Park Buy-Out Private Use
Weekday Before 4:00pm Per Hour, 3 Hr Minimum
Evenings After 4:00Pm Per Hour, 3 Hr Minimum
Weekends, 3 Hr Minimum

$ 685.00
$ 740.00
$ 740.00
219-4630.46122

MASTER FEE SCHEDULE
City of
Antioch
22 >>RECREATION AND COMMUNITY SERVICES<<

DESCRIPTION

FEE

ACCT CODE
Boulder Cove Per Hour
Prewett Peak Per Hour
Sport Pool Per Hour
Tad Pool Per Hour
Cattail Harbor Spray Ground
Lap/Lesson Pool Per Hour
Additional Lifeguard Fee Per Hour
$ 260.00
$ 191.00
$ 191.00
$ 100.00
$ 191.00
$ 160.00
$ 25.00
219-4630.46122
Lost Season Pass (new card issued) $ 15.00 219-4630.47010 Locker Rental Small $ 4.00 219-4630.47010
Locker Rental - Large $ 6.00 219-4630.47010
Lost locker key

Discount for Recurring Pool Rentals for Swim User
Groups
*Must be non-profit and book more than 10 dates to
qualify
Deposits, late fees and contract modification fees apply Complete Park Buy-Out
Partial Pool Rental
(refundable at 100% compliant)
$ 25.00

50%

$ 500.00
$ 100.00
219-4630.47010
Antioch Water Park Community Multi-Use Room
Fees: 219-4630.44810
Multi Use Room with Patio per hour
-May 15th to September 15th per hour/10 hour
Projector and Screen Per Day
Screen Only Per Day
Podium Per Day
Regular Microphone Per Day
$ 133.00
$ 153.00/1,377.00
$ 43.00
$ 20.00
$ 20.00
$ 12.00

>>MISCELLANEOUS<<

DESCRIPTION FEE ACCT CODE
Business License Application Fee $ 25.00 100-1250.41150 Business License Renewal Fee $ 10.00 waived if renewed on-line by due date only 100-1250.41150
Business License Certificate Reprint Fee $ 10.00 (on certificate paper) 100-1250.47010 Business License Stickers on vehicles, taxicabs $ 5.00 each 100-1250.47010 Processing of Criminal Complaint staff time, attorney s fees and court costs 100-1250.41140

MASTER FEE SCHEDULE
City of
Antioch
23 >>MISCELLANEOUS<<

DESCRIPTION FEE ACCT CODE
Drainage Fee Processing of Total Districts:

D-55
D-56
J-29
D-29
DA-130

½ of 1%
½ of 1%
½ of 1%
½ of 1%
½ of 1%
100-1250.46400

Fire Protection Fees, % of revenue 1% 100-1250.46400
COBRA Administration fees, % of premium 2% 100-1250.46400 Returned or rejected items charges $ 50.00 100-1250.47010 Staff Time Fully Burdened Hourly Billable Rates As outlined in Hourly Rate Detail report on file in Finance

Various
Block Party Permit Deposit for barricades
Board of Administrative Appeals Fee $ 50.00 refundable if appeal successful 100-1250.46400 Appeal to Planning Commission $ 920.00 per appeal (non-refundable) 100-1250.46400 Appeal to City Council of Commission Decision $ 2,340.00 per appeal (non-refundable); Deposit Project charge fully burdened
hourly rates for all staff time involved 100-1250.46400 Citation Appeals Fee (pursuant to Section 1-5.05 of AMC) Deposit equal to amount of fine

Release of Special Assessment Lien
$ 135 per release plus additional fees from
other agencies Various

Lien Processing Charge
$270.00 plus additional fees from other
agencies Various
Delinquent charges will be assessed on unpaid invoices
over 30 days, % Of unpaid amount

5% of unpaid amount

100-1250.46400
Other Service Charges
Agenda Mailing/year
Minutes Mailing/year
Business License List current active listing, per list Business License Labels
New Business List per month
New Business List prepaid for year
Master Fee Resolution
Financial Reports
City Budget
Candidate Filing Fee
Initiative Fee

Copies - letter/legal size:

Four pages or less
Five pages or more
Copies FPPC reports
Electronic File Copy (Audio/Video/CD/DVD/USB)
GIS maps

Document Certification

$ 48.00
$ 48.00
$ 50.00
$ 75.00
$ 5.00
$ 60.00
$ 6.00
$ 20.00
$ 20.00
$ 25.00 limited by State law
$200.00 - Fee to be refunded to filer if,
with one year of the date of filing notice of
intent, the elections office certifies the
sufficiency of petition

free
$ 0.20 per page ($1 minimum)
$ 0.10 per page
$ 10.00 per device
$ 40.00 (plain paper)
$ 50.00 (glossy paper)
$ 20.00 per document

100-1140.47010
100-1140.47010
100-1250.47010
100-1250.47010
100-1250.47010
100-1250.47010
100-1250.47010
100-1220.47010
100-1250.47010
100-1140.47010
100-1140.47010

Various
100-1140.47010
Various
573-1435.46010
573-1435.46010
Various
Records & Information Research
(not subject to the Public Records Act or subpoena)
Fully burdened hourly cost of staff
involved
Various

MASTER FEE SCHEDULE
City of
Antioch
24 >>MISCELLANEOUS<<

DESCRIPTION FEE ACCT CODE
Council Chambers
Governmental Uses:

Audio/Visual Technician & equipment rental rate/hour

Deposit (refunded after walk-thru to verify clean and no equipment is missing)

Actual cost paid to technician by renter of
Council Chambers

$100.00

Special Event/Assembly/Parade Application Fee $140.00 100-1250.47010 Parade Permit $ 1,435 fee plus the actual cost of staff involved and any outside costs (if
approved)

Senior Discounts are offered for the following:

1. Waiver of the monthly water service charge (for accounts with established discount prior to April 26, 2011)

2. 50% discount on dog licenses (with proof of discount from Republic Services)

3. Garbage service (application mailed directly to Republic Services for consideration) Requirements to qualify for the senior discount are as follows:

1. Sixty-two (62) years of age or older and total household income of no more than the very low income limits for 1 person tied to the Oakland-Fremont area as established by the U.S. Department of Housing and Urban Development Program Income Limits. Household income includes Social Security and all retirement benefits. In the case of a husband and wife, it is the total yearly amount of income earned; OR

2. Disabled as established by the Social Security Administration Supplemental Income Program for the aged, blind, and disabled.
9 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Ruthann G. Ziegler, Special Counsel

APPROVED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Resolution for Approval of Cannabis Operating Agreement for Delta Family Pharms, Inc.

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the operating agreement for Delta Family Pharms, Inc.

FISCAL IMPACT
Approval of the operating agreement will result in increased revenue to the City and the social equity program supported by the operating agreement from Delta Family Pharms’ business.

DISCUSSION
Delta Family Pharms holds Cannabis Business Use Permit UP 20-05 and AR 20-16, approved by the City Council on January 12, 2021. Rick Hoke, who operates Delta Dispensary, is one of three principals with Delta Family Pharms; the other two are Rich Hoke and Dustin Hoke. Delta Family Pharms would engage in cannabis cultivation. It is likely that Delta Family Pharms would produce cannabis for manufacturing by Delta Labs and/or for retail sale by Delta Dispensary.

Delta Family Pharms would be located at 2101 W. 10th Street, Suites G, H, and I. This is the same building complex where Delta Dispensary is located and where Delta Labs, Inc. and KWMA Collective propose to locate.

Before Delta Family Pharms can begin operations, it must obtain City Council approval of its operating agreement. The draft operating agreement (Exhibit 1 to Attachment A) is consistent with the City’s standard operating agreement for cannabis businesses.

Delta Family Pharms has indicated it agrees with the terms and conditions of the proposed operating agreement.

Antioch City Council Report
May 24, 2022 Agenda Item #9 2
The proposed recipient of the social equity program is the East Contra Costa Family Justice Center, which is in Antioch. A copy of the Justice Center’s proposed social equity program is attached hereto as Attachment B.

Standard terms of the operating agreement include:

The operating agreement’s term is ten years with two possible five-year extensions. Delta Family Pharms agree not to operate if the Agreement is not in effect.

The Police Chief has discretion to require changes to the business to protect public health and safety.

The City Manager may impose additional mitigation measures relating to public health and safety.

Delta Family Pharms will begin paying a percentage of gross revenue to the City as of the 15thof the month following the City issuing the Certificate of Occupancy for the City, and monthly thereafter. A business paying a fee based on square footage shall pay that fee, based on existing square footage, at the end of each year.

The operating agreement shall be reviewed annually by City staff or a third party selected by the City.

The operating agreement includes provisions relating to indemnification of the City and insurance protecting the City.

The revenue to be paid to the City is set forth in Exhibit C to the operating agreement, which provides:

Business type Yr 1 Yr 2 Yr 3 Yr 4+
Retail 2% 3% 4% 5%
Microbusiness* 2% 3% 5% 6%
Cultivation (per square foot) * $2 $3 $5 $6
Distribution 2% 3% 4% 5%
Manufacturing 2% 3% 4% 5%
*Eligible for local employment incentive
The total amount payable to City by the Operator pursuant to this Exhibit may be reduced by the following amount if the Operator employs on a full-time basis the following numbers of Antioch residents:

Antioch City Council Report
May 24, 2022 Agenda Item #9 3

ATTACHMENTS
A. Resolution of Approval for Operating Agreement for Delta Family Pharms Exhibit 1 to Attachment A - Operating Agreement for Delta Family Pharms

B. Social Equity Program (Generations Connect) for East County Contra Costa Family Justice Center

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE CANNABIS OPERATING AGREEMENT FOR DELTA FAMILY PHARMS, INC.

WHEREAS, on January 12, 2021, by Resolution No. 2021/01, the City Council approved Cannabis Business Use Permit No. 20-05 and related AR 20-16 for Delta Family Pharms, Inc. to operate a cannabis business within the City on the terms and conditions set forth therein;
WHEREAS, each cannabis business must obtain City Council approval of an operating agreement and execute the Agreement prior to beginning operations as a cannabis business;
WHEREAS, the City Council has reviewed the attached Operating Agreement, and received public comment on it at its May 24, 2022 meeting; WHEREAS, the City Council finds that the attached Operating Agreement will benefit the Antioch community by producing revenue for the City and its goals; WHEREAS, the City Council finds that the attached Operating Agreement will benefit the Antioch community by the Operator committing to provide additional funding for programs to address community needs within Antioch; and WHEREAS, the City Council finds that the attached Operating Agreement with the approved use permit for the cannabis business will not only benefit the community includes adequate provisions to protect public health and safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the attached Operating Agreement and authorizes the City Manager to execute it in a form approved by the City Attorney.
* * * * * * * * *
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 24th day of May, 2022, by the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:
____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]

RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:

City of Antioch
200 H Street
Antioch, CA 94509
Attn: City Clerk
_____________________________________________________________________________________ Exempt from recording fee per Government Code §6103

OPERATING AGREEMENT
This Operating Agreement (“Agreement”) is entered into between the City of Antioch, a municipal corporation (“City”) and Delta Family Pharms, Inc., a California corporation (“Operator”), whose address is 2101 W. 10thStreet, Suites G, H, and I, Antioch, California 94509. City and Operator may be referenced herein as “Party” or collectively as “Parties.”

RECITALS
A. Operator submitted an application for approval of a use permit and design review for a cannabis business, as further detailed herein.

B. On January 12, 2021, by Resolution No. 2021-01, the City Council approved a Cannabis Business Use Permit and related Design Review to operate cannabis business UP 20-05 and AR 20-16 (“CBUP”). A copy of the CBUP is attached hereto as Exhibit A and incorporated herein. The CBUP relates to the Site, as described in Exhibit B, attached hereto and incorporated herein.

C. One condition of the CBUP is that the City and Operator execute an Operating Agreement. This Agreement meets this requirement of the CBUP.

D. On ___________, 2022, the City Council adopted Resolution __________ approving this Agreement.

AGREEMENT

1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth in this Agreement.

2. Definitions. The following terms, when capitalized herein, shall have the meanings specified below.
a. Agreement—This Agreement between the City and Operator.

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]
b. Applicable Law—All applicable federal, state, regional, and local statutes, regulations, and rules including the Uniform Building Code and other Uniform Codes, the California Environmental Quality Act, the City’s ordinances, resolutions, rules, and regulations, as each statute, regulation, regulation, rule, Code, ordinance, and resolution may be amended from time to time, excluding such federal law which may conflict with state or local laws authorizing cannabis businesses or operations. c. Business Operations—The commercial cannabis business operated at the Site by Operator, its officers, officials, employees, agents, and consultants, as approved by the City Council in the CBUP, and as subject to the terms and conditions of this Agreement. d. Cannabis—Both medical and non-medical cannabis as defined by Health & Safety Code section 11362.5 and Business and Professions Code sections 26000 et seq. e. Cannabis Business Use Permit—the Cannabis Business Use Permit, attached hereto as Exhibit A, as approved by City Council Resolution No. 2021-01.
f. City—the City of Antioch, California.
g. City Attorney—the City Attorney of the City.
h. City Council—the City Council of the City.
i. City Manager—the City Manager of the City.
j. Operator—Delta Family Pharms.
k. Fees—All charges, expenses, costs, monetary exactions, and any other monetary obligations imposed on Operator by City, other than assessments or regular or special taxes, and not limited to fees paid pursuant to this Agreement.
l. Gross Receipts—The total of amounts actually received or receivables from sales and the total amounts actually received or receivable for the performance of any act or service for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Gross receipts shall also include all receipts, cash, credits and property of any kind without deduction of the cost of the property sold, the costs of the materials used, labor or services costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from “gross receipts" are the following:

Cash discounts allowed and taken on sales
Credit allowed on property accepted as part of the purchase price and which property may later be sold
Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser
Such part of the sale price of property returned by a purchaser upon rescission of the contract of sale as is refunded whether in cash or by credit Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]
trustee furnishes to the City the names and addresses of the others and the amounts paid to them
Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business are not excluded
The intent of this definition is to ensure that, in calculating payments to the City, all sales and revenue from the Business Operations are captured and, therefore, this definition shall be given the broadest possible definition consistent with this intent. m. Major amendment—Any modification to this Agreement that makes a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. n. Minor amendment—Any modification to this Agreement that does not make a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. o. Police Chief—the Police Chief of the City.
p. Project—The Business Operations, Site Development, Odor and other Mitigation Plans, Security Plans, and all other terms and conditions applicable to Operator’s Business Operations. q. Site—The physical location of the Operator’s Business Operations, as described in Exhibit B, attached hereto.
r. Square Footage under Cultivation--the actual amount of canopy (measured by the aggregate area of vegetative growth of live cannabis plants on the premises including the area occupied by vertically and horizontally stacked canopies) that is limited by the maximum amount a cannabis business is authorized to cultivate by this Agreement or the CBUP, without deducting for unutilized square footage.
s. State license(s)—the license(s) issued by the State, whether through the Bureau of Cannabis Control or other regulatory agency authorizing the Operator to conduct its Business Operations

3. Effective Date. This Agreement shall be effective as of the date of the Resolution approving this Agreement, or such other date (if any) as specified in the Resolution approving this Agreement.

4. Term of Agreement. The initial term of this Agreement shall be ten years, with two possible extensions of five years each. This Agreement may be extended by mutual agreement of the Operator and the City Council on such additional terms and conditions as to which the Parties may agree. At the end of the term, Operator agrees to cease all Business Operations at the Site, notwithstanding the terms and conditions of the CBUP. The parties agree that, prior to the end of the initial ten-year term, they will meet and confer in good faith with the goal either of continuing this Agreement on the same terms and conditions or of modifying the Agreement so that the Business Operations may continue for the mutual benefit of the City and the Operator.

5. Operating Conditions. In addition to the terms and conditions set forth in the CBUP, Operator’s Business Operations shall be subject to the additional terms and conditions:

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]
a. Hours of operation of retail sales on the Site shall not exceed 7 days per week, 8:00 a.m. to 8:00 p.m. There are no other hours’ restrictions on the Business Operations, including delivery. b. Subsequent to the annual audit by the Police Department or a third party selected by the Police Department, the Police Chief shall have the discretion to require additional security measures or modify existing security measures at the Operator’s expense, as may be required by law or reasonable for public safety. At Operator’s expense, the Police Chief may also determine to require additional security measures at any time upon the Department’s finding that existing security measures are insufficient for the Business Operations to comply with the terms of the CBUP or to adequately protect public health and safety. The Police Chief’s determination is appealable to the City Manager. c. The City Manager may impose additional mitigation measures, whether relating to odor or other factors affecting public health and safety, on the Project at Operator’s expense, as may be required by law or reasonable to maintain public health and safety. The City Manager’s determination is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

6. Fees.
a. Operator agrees to pay all fees, whether imposed by the City, state, or other regulatory agencies in a timely manner. Operator’s failure to pay such fees in a timely manner may, at the City’s sole discretion, constitute Evidence of Default. City may provide thirty (30) days’ prior written notice to Operator as to any unpaid City fees. If Operator fails to pay such fees, plus any interest or penalties due for late payment, Operator agrees that the City may record on the property which is the subject of the CBUP one or more liens for the fees owed.
b. Operator agrees to pay City beginning with the fifteenth of the month immediately following the date the City issues the Certificate of Occupancy for the Site the amounts set forth in Exhibit C, attached hereto and incorporated herein. The amount due for Gross Receipts is payable thereafter on the 15th of each month or, if the 15th is a weekend day or a national or state holiday, on the next business day (“Due Date”). The amount due based on square footage, with adjustments made during the year as square footage is increased or decreased, is payable thereafter quarterly, on January 15, April 15, July 15, and October 15 or, if the 15this a weekend day or a national or state holiday, on the next business day (“Due Date”). The Operator shall also submit with each payment required by this section a report on a form provided by the Operator and approved by the City which lists the gross receipts for the period, any adjustments to the gross receipts and basis therefor, the gross receipts subject to the percentages set forth in Exhibit C, the square footage cultivated for the period, and the total amount due. c. A payment is late or deficient under this Section if not postmarked by or received by the City Finance Department on or before the Due Date. A late or deficient payment shall be subject to a one- time penalty of five percent (5%) of the amount owed, plus monthly non-compounding interest at the maximum rate allowed by law, but not to exceed an annualized amount of ten percent (10%). d. If the City Manager is not satisfied with the veracity of report(s) filed by Operator regarding the Business Operations’ total gross receipts or square footage, the City Manager may compute and determine the amount of the fees to paid on the gross receipts or square footage and make a deficiency determination upon the basis of the facts contained in such report(s), or upon the basis of any information EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]
in City’s possession, or that may come into City’s possession within three years of the date the fees are paid. One or more deficiency determinations of the amount of fees owed for a period or periods may be made. The determination of the City Manager pursuant to this subsection is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

7. Social Equity Program.
a. Operator agrees to implement and maintain for the entirety of the term of this Agreement a Social Equity Program (“Equity Program”) to benefit the City and its residents, to foster equitable participation in the cannabis industry, and to create business opportunities for those most negatively impacted by the enforcement of cannabis laws prior to the legalization of cannabis in California.

Operator shall initiate its Equity Program within three months of this Agreement’s Effective Date. b. Operator shall prepare a written Social Equity Program Plan (“Equity Plan”), which includes the Equity Program’s description, a non-profit social equity program plan organization (“Equity Plan Organization“) located in Antioch and approved by the City, and an action plan with goals, tasks, responsible parties, timelines, and measurable outcomes. The Equity Plan is set forth in Exhibit D, attached hereto and incorporated herein. Operator shall provide a written report, semi-annually, to the City Manager and City Attorney on its progress in carrying out the Equity Program’s goals and measurable outcomes. Upon request of the City Manager or City Attorney, Operator also agrees to provide a presentation to the City Council on the Equity Plan’s goals and measurable outcomes. The Equity Plan may be modified in writing by request of the Operator and only with prior written approval of the City Manager or the City Attorney.
c. If the City Council, the City Manager, or the City Attorney determines that Operator’s Equity Plan does not adequately achieve the City’s goals as set forth herein, the City Council, the City Manager, or the City Attorney shall have the discretion to require the Operator to modify its Equity Plan subsequent to one or more meetings with the Operator.
d. Operator agrees to fund its Equity Plan, as detailed in Exhibit D, with the first payment submitted to its Equity Plan Organization at the same time as the first payment for gross receipts and/or square footage is due under Section 6b hereof. Subsequent payments to its Equity Plan Organization shall be made quarterly with each subsequent quarterly payment due on January 15, April 15, July 15, and October 15 or, if the 15this a weekend day or a national or state holiday, on the next business day. Late payment from the Operator to the Equity Plan Organization shall be subject to the same penalties and interest set forth in section 6 hereof.

8. Applicable Law. At all times, Operator shall conduct its Business Operations consistent with Applicable Law, including the City’s ordinances, rules, and regulations; the CBUP; and this Agreement, as each may be amended or modified from time to time. Any violation thereof by Operator or its Business Operations may, at the City’s discretion, be considered Evidence of Default.

Delta Family Pharms Operating Agreement
[date]
facts supporting such Evidence of Default, and the manner in which the Default may be cured. Within that forty-five day period, Operator shall cure the Default to the City Manager’s reasonable satisfaction, provide evidence with supporting facts as to why no Default exists, or provide alternatives satisfactory to the City Manager to address the Default.
b. If the City Manager is not satisfied with Operator’s response and/or believes a Default continues to exist, then the City Manager may, at his/her sole discretion:

Order the Operator to suspend all Business Operations at the Site until the Default is cured.

Take such other action as may be authorized by the CBUP or this Agreement.

Remedy the Default and charge the costs thereof to the Operator, who agrees to pay such sums.
c. The decision of the City Manager under this section is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.
d. The remedies of this section, plus any other remedies set forth in this Agreement and remedies available in law or in equity are cumulative, and non-exclusive. Such remedies are distinct and separate whether or not exercised by the City. The City may, in its discretion, exercise any or all of its rights and remedies, at once or in succession, at such time or times as it considers to be appropriate.

10. Record Keeping. Operator shall keep, maintain, and preserve to the extent applicable all records that may be necessary to determine the amount of gross receipts, the number of retail delivery vehicles, the amount of cannabis manufactured, the amount of cannabis delivered, and any and all other records by which City may determine and verify the amount of fees due to the City pursuant to Section 6 hereof.

At Operator’s expense, City shall have the option of conducting, whether by City staff or by a City-selected consultant, an annual audit to verify the fees due to the City pursuant to Section 6 hereof and compliance with Exhibit D. City shall have the right to inspect such records at all reasonable times during normal business hours and upon not less than five (5) business days’ prior notice. To the extent permitted by Applicable Law, City agrees to treat such records as confidential.

11. Annual Review. In addition to the right to conduct an audit pursuant to Section 10 hereof, the City Manager, at his/her discretion, may direct City staff or a third party to review, no more frequently than once per year, the Business Operations and compliance thereof with the CBUP and this Agreement.

Operator shall be responsible for paying the costs of this annual review, which shall not exceed $10,000 per review, adjusted annually by the CPI index for Bay area cities. In the event there is good cause for a review that would exceed $10,000 (as adjusted annually), Operator and City shall negotiate a minor amendment to allow for such review. Based on this review, City may require additional mitigation measures or other changes to the Business Operations to assure compliance with the CBUP and this Agreement.

Delta Family Pharms Operating Agreement
[date]
action. The City Council, at a duly noticed public meeting, shall have the discretion to approve a Major Amendment or a Minor Amendment, which has been referred to the Council.

13. Assignment. City has entered into the Agreement with Operator in reliance upon Operator’s specialized knowledge, experience, and expertise relating to the Project and cannabis-related business.

Therefore, this Agreement may not be assigned or otherwise transferred by Operator, whether to a third party or to another entity (even if Operator is a partner, owner, or otherwise a participant in such entity), without the prior written authorization of the City Council at a duly noticed meeting. Any such assignment or transfer, at City’s sole discretion, may be considered Evidence of Default. Should Operator wish to assign or otherwise transfer the Agreement, Operator shall provide evidence to the reasonable satisfaction of the City Manager and the City Attorney of the specialized knowledge, experience, expertise, and financial stability of the proposed assignee or transferee prior to review and possible approval by the City Council.

14. Indemnification. Operator agrees to indemnify, defend, and hold harmless City, its officers, officials, employees, agents, and consultants from any and all administrative, legal, or equitable actions, claims, or other proceedings instituted by any person or entity not a party to the Agreement challenging the validity of the Agreement or any action arising out of or relating to the Agreement. Operator shall pay for City’s costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorney’s fees expended by the City in defense of the action or proceeding, plus staff and consultant time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Operator agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney’s fees and time referenced herein.

Operator further agrees to indemnify, defend, and hold harmless City, its officers, officials, employees, agents, and consultants from any and all claims, costs, and liability for any damages, personal injury or death, or property damage which may arise directly or indirectly from Operator’s Business Operations pursuant to this Agreement, except as caused by City’s sole or gross negligence.

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]
c. The insurance referenced herein shall be evidenced by certificate(s) of insurance, which shall be kept current during the term of this Agreement. d. The certificate(s) and endorsement(s) shall be provided to, and approved by, the City Attorney prior to Operator beginning Business Operations. e. The insurance shall be placed with a company authorized to transact business in the State of California and with a rating of not less than A.M. Best-A, or such other rating as approved by the City Attorney.
f. Operator shall provide at least thirty (30) days’ prior written notice of any cancellation, reduction in scope or amount, or material modification of the insurance referenced herein. g. If Operator fails to maintain the insurance referenced herein, the City in its sole discretion may obtain such insurance at Operator’s expense, with Operator obligated to promptly reimburse the City, or determine such failure to be Evidence of Default.

16. Notices. Any notice or communication required by the Agreement between the parties shall be in writing and may be delivered either personally or by registered mail, return receipt requested. Notice, whether given by personal delivery or by registered mail, shall be deemed to have been given and received on the day of actual receipt at any of the addresses designated below as to the party to whom the notice is sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.

However, should a party’s address no longer be valid such that delivery by registered mail, return receipt required, is not successful, then delivery by U.S. mail shall be effective five business days after mailing of notice. Such notices or communications shall be given to the parties at the addresses set forth below:

To the City of Antioch:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Manager Attn: City Manager
With a copy to:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Attorney Attn: City Attorney

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]
To Operator:

Delta Family Pharms
2101 W. 10 th Street, Suites G, H, and I
Antioch CA 94509
Attn: Rick Hoke

17. Miscellaneous
a. Each party has had an equal opportunity to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply to the Agreement. b. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless enforcement of the Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would the frustrate the purpose of the Agreement. c. The Parties shall take all steps reasonable and necessary to effectuate the terms and intent of the Agreement. However, no provision of the Agreement shall limit, or be construed to limit, the right of the City, the City Manager, the City Attorney, or the City Council to exercise discretion as to the Agreement or other matters.
d. The Parties are not, and shall not be construed, to be partners or joint venturers. e. The only parties to the Agreement are City and Operator. There are no third-party beneficiaries and the Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever.
f. In the event that suit is brought by either Party to the Agreement, the Parties agree that venue shall be exclusively vested in the state court of Contra Costa County, or in the U.S. District Court for the Northern District of California.
g. This Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between parties with respect to the subject matter hereof. h. The Parties acknowledge that City would not have entered into this Agreement had it been exposed to damage claims from Operator for any breach hereof. As such, the Parties agree that in no event shall Operator be entitled to recover damages against City for breach of this Agreement. i. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument. j. All waivers must be in writing to be effective or binding upon the waiving party and no waiver shall be implied from any omission by a party to take or not take any action with respect to default or other matters. Failure by a party to insist upon the strict performance of any provisions of the Agreement by the other party shall not constitute waiver of such party’s right to demand strict compliance by the other party in the future. Furthermore, no express written waiver of any default shall affect any other default or cover any other period of time specified I such express waiver.

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]
k. Notwithstanding termination or expiration of this Agreement for any reason, Sections 6c, 6d, 10 and 14 shall be continuing obligations of Operator and shall survive this Agreement.

EXECUTED AS OF ____________________, 2022.

CITY OF ANTIOCH DELTA FAMILY PHARMS, INC.

______________________________________ _______________________________ Cornelius H. Johnson, Interim City Manager

Attest:

_____________________________________
Elizabeth Householder, City Clerk

Approved as to form:

____________________________________
Thomas Lloyd Smith, City Attorney

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]

EXHIBIT A

[to be attached]

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]

EXHIBIT B
The Site is located at 2101 W. 10thStreet, Suites G, H, and I, Antioch CA 94509 and is APN 074-051-005.

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]

EXHIBIT C
Business type Yr 1 Yr 2 Yr 3 Yr 4+
Retail 2% 3% 4% 5%
Microbusiness* 2% 3% 5% 6%
Cultivation (per square foot)* $2 $3 $5 $6
Distribution 2% 3% 4% 5%
Manufacturing 2% 3% 4% 5%
*Eligible for local employment incentive
The total amount payable to City by the Operator pursuant to this Exhibit shall be reduced by the following amount(s) if the Operator employs not fewer than the following numbers of Antioch residents on a full-time basis, providing healthcare benefits:

At least 20 City residents 1%, but not to exceed $60,000 At least 50 City residents 3%, but not to exceed $150,000 At least 100 City residents 6%, but not to exceed $300,000 At least 150 City residents 9%, but not to exceed $450,000 200 or more City residents 12%, but not to exceed $600,000 Example: If the revenue due to the City from Operator, based on gross receipts, is $500,000, and the Operator employs 51 City residents, then the $500,000 would be reduced by 3% and the Operator would owe the City $485,000.

For any Operator requesting the local employment incentive, the City reserves the right to verify the number of City residents employed on an annual basis.

EXHIBIT 1 TO ATTACHMENT A

Delta Family Pharms Operating Agreement
[date]

EXHIBIT D
Operator will donate a percentage of gross receipts to programs whose purpose is to help underprivileged children or adults who have been adversely affected by drug abuse, with such programs serving Antioch residents.

Consistent with this goal, Operator will provide to the East Contra Costa Family Justice Center, a 501 (c)(3) non-profit corporation, the following funding: 0.25% in year one,

0.37% in year 2, and 0.5% in year 3 and thereafter of gross receipts, paid consistent with the terms of the Operating Agreement.

Operator’s funding will help the Justice Center develop and implement a “Generations Connect” program to work with Antioch youth, in coordination with adults, to develop various life skills, knowledge and community and cross-generational connections.

ATTACHMENT B
Generations Connect (12/15/21)
The Contra Costa Family Justice Alliance (DBA the Family Justice Center) operates three warm and welcoming one-stop centers where 60+ co-located direct-service partners provide a full range of trauma-informed services for survivors affected by interpersonal violence (IPV), including domestic violence, sexual assault, child abuse, elder abuse, and human trafficking. Its mission is to bring the community together to support healing for survivors of violence, and to integrate capable service partners to renew individuals and the community from the traumas of interpersonal violence. Our East County Center in Antioch opened its doors in 2019.

Generations Connect is a youth-led social action program that fosters intergenerational community connections and cultivates youth leadership as protective factors against interpersonal violence. The Contra Costa Family Justice Center and the Black Neighborhood partnered to create the program, believing that everyone at every age can help build safe communities free of violence. It creates a range of opportunities for underserved youth of color to deepen their skills as leaders, network-builders, and change agents helping to prevent violence.

We will launch a new Generations Connect cohort in 2022. The new cohort will consist of 10 Antioch teens who will participate in a 10-week leadership development program. We will focus our recruitment efforts on youth from under-resourced communities. During the 10-week program, teens will lead a “design thinking” process to plan and implement two community violence-prevention projects with support from their adult allies. They will build skills, knowledge, and connections across generations. They will learn about intergenerational community building; leadership development; and policy advocacy.

This program will also engage adult allies, including seniors/older adults, and the County’s Family Violence Prevention task force. Adult allies play an important role in Generations Connect by providing support and mentorship to youth throughout the program.

Youth will attend meetings with, and present their projects to, the Family Violence Prevention Task Force, which oversees the “Contra Costa Call to Action” violence prevention plan, a countywide strategy to prevent interpersonal violence. Generations Connect was developed in response to this “Call to Action.”

Goals

1) Develop opportunities for intergenerational interaction and cultivate empathy across generations.
2) Cultivate youth leaders and foster community connectedness as protective factors against interpersonal violence.
3) Give youth opportunities to work from real-life experiences and apply learning directly to their everyday lives.

ATTACHMENT B
Outcomes
The Generations Connect program will bring about the following outcomes:
1) Changes in connection, meaningful relationships, belonging between generations. 2) Changes in skills and knowledge: Teens will build communication, teamwork, and network-building skills. Teens will also build skills in meeting facilitation, listening, storytelling, communications and messaging, community needs assessment, and online safety.
3) Changes in participants’ sense of purpose, engagement, contribution (empowerment and leadership): Strengthen leadership capacity of Antioch teens and increase youth voice.

We will measure these outcomes by surveys and an ongoing team assessment process.

Outputs

Each teen will complete a short video of their interview of family members of other generations about what could be done to have safe and healthy relationships.

The cohort will develop a presentation to make to senior centers and groups in Antioch and make at least one presentation. This project will involve needs assessment and curriculum design.

Timeline
March: Outreach and recruitment starts; recruit at the Teen conference in partnership with Antioch All Children Thrive
April: Launch and learning
May: Work on community projects
June: Graduation and celebration; evaluation and reporting 10 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Ruthann G. Ziegler, Special Counsel

APPROVED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Resolution for Approval of Cannabis Operating Agreement for Delta Labs, Inc.

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the operating agreement for Delta Labs, Inc.

FISCAL IMPACT
Approval of the operating agreement will result in increased revenue to the City and the social equity program supported by the operating agreement from Delta Labs’ business.

DISCUSSION
Delta Labs holds Cannabis Business Use Permit UP 21-06, approved by the City Council on November 23, 2021. Rick Hoke, who operates Delta Dispensary, is one of four principals with Delta Labs; the other three are Rich Hoke, Dustin Hoke, and Erin Page. Delta Labs would engage in cannabis manufacturing, with non-volatile chemicals. It is likely that Delta Labs would obtain cannabis from Delta Family Pharms and possibly KWMA Collective; the product would likely be sold at Delta Dispensary.

Delta Labs would be located at 2101 W. 10thStreet, Suite A. This is the same building complex where Delta Dispensary is located and where Delta Family Pharms and KWMA Collective propose to locate.

Before Delta Labs can begin operations, it must obtain City Council approval of its operating agreement. The draft operating agreement (Exhibit 1 to Attachment A) is consistent with the City’s standard operating agreement for cannabis businesses. Delta Labs has indicated it agrees with the terms and conditions of the proposed operating agreement.

Antioch City Council Report
May 24, 2022 Agenda Item #10 2
The proposed recipient of the social equity program is the East Contra Costa Family Justice Center, which is in Antioch. A copy of the Justice Center’s proposed social equity program is attached as Attachment B.

Standards terms of the operating agreement include:

The operating agreement’s term is ten years with two possible five-year extensions. Delta Labs agrees not to operate if the operating agreement is not in effect.

The Police Chief has discretion to require changes to the business to protect public health and safety.

The City Manager may impose additional mitigation measures relating to public health and safety.

Delta Labs will begin paying a percentage of gross revenue to the City as of the 15th of the month following the City issuing the Certificate of Occupancy, and monthly thereafter. A business paying a fee based on square footage shall pay that fee, based on existing square footage, at the end of each year.

The operating agreement shall be reviewed annually by City staff, or a third party selected by the City.

The operating agreement includes provisions relating to indemnification of the City and insurance protecting the City.

The revenue to be paid to the City is set forth in Exhibit C to the operating agreement, which provides:

ATTACHMENTS
A. Resolution of Approval for Operating Agreement for Delta Labs, Inc.

Exhibit 1 to Attachment A - Operating Agreement for Delta Labs, Inc.

B. Social Equity Program (Generations Connect) for East County Contra Costa County Family Justice Center

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE CANNABIS OPERATING AGREEMENT FOR DELTA LABS, INC.

WHEREAS, on November 23, 2021, by Resolution No. 2021-183, the City Council approved Cannabis Business Use Permit No. 21-06 for Delta Labs, Inc. to operate a cannabis business within the City on the terms and conditions set forth therein; WHEREAS, each cannabis business must obtain City Council approval of an operating agreement and execute that Agreement prior to beginning operations as a cannabis business;
WHEREAS, the City Council has reviewed the attached Operating Agreement, and received public comment on it, at its May 24, 2022 meeting; WHEREAS, the City Council finds that the attached Operating Agreement will benefit the Antioch community by producing revenue for the City and its goals; WHEREAS, the City Council finds that the attached Operating Agreement will benefit the Antioch community by the Operator committing to provide additional funding for programs to address community needs within Antioch; and WHEREAS, the City Council finds that the attached Operating Agreement in combination with the approved use permit for the cannabis business will not only benefit the community but also includes adequate provisions to protect public health and safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the attached Operating Agreement and authorizes the City Manager to execute the agreement in a form approved by the City Attorney. * * * * * * * * *
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 24th day of May, 2022, by the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:
______________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]

RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:

OPERATING AGREEMENT
This Operating Agreement (“Agreement”) is entered into between the City of Antioch, a municipal corporation (“City”) and Delta Labs, Inc., a California corporation (“Operator”), whose address is 2101 W. 10th Street, Suite A, Antioch, California 94509. City and Operator may be referenced herein as “Party” or collectively as “Parties.”

RECITALS
A. Operator submitted an application for approval of a use permit and design review for a cannabis business, as further detailed herein.

B. On November 23, 2021, by Resolution No. 2021/183, the City Council approved a Cannabis Business Use Permit to operate cannabis business UP 21-06 (“CBUP”). A copy of the CBUP is attached hereto as Exhibit A and incorporated herein. The CBUP relates to the Site, as described in Exhibit B, attached hereto and incorporated herein.

C. One condition of the CBUP is that the City and Operator execute an Operating Agreement. This Agreement meets this requirement of the CBUP.

D. On ___________, 2022, the City Council adopted Resolution __________ approving this Agreement.

AGREEMENT

1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth in this Agreement.

2. Definitions. The following terms, when capitalized herein, shall have the meanings specified below.
a. Agreement—This Agreement between the City and Operator.

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
b. Applicable Law—All applicable federal, state, regional, and local statutes, regulations, and rules including the Uniform Building Code and other Uniform Codes, the California Environmental Quality Act, the City’s ordinances, resolutions, rules, and regulations, as each statute, regulation, regulation, rule, Code, ordinance, and resolution may be amended from time to time, excluding such federal law which may conflict with state or local laws authorizing cannabis businesses or operations. c. Business Operations—The commercial cannabis business operated at the Site by Operator, its officers, officials, employees, agents, and consultants, as approved by the City Council in the CBUP, and as subject to the terms and conditions of this Agreement. d. Cannabis—Both medical and non-medical cannabis as defined by Health & Safety Code section 11362.5 and Business and Professions Code sections 26000 et seq. e. Cannabis Business Use Permit—the Cannabis Business Use Permit, attached hereto as Exhibit A, as approved by City Council Resolution No. 2021/183. f. City—the City of Antioch, California.
g. City Attorney—the City Attorney of the City.
h. City Council—the City Council of the City.
i. City Manager—the City Manager of the City.
j. Operator—Delta Labs, Inc.
k. Fees—All charges, expenses, costs, monetary exactions, and any other monetary obligations imposed on Operator by City, other than assessments or regular or special taxes, and not limited to fees paid pursuant to this Agreement.
l. Gross Receipts—The total of amounts actually received or receivables from sales and the total amounts actually received or receivable for the performance of any act or service for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Gross receipts shall also include all receipts, cash, credits and property of any kind without deduction of the cost of the property sold, the costs of the materials used, labor or services costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from “gross receipts" are the following:

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
trustee furnishes to the City the names and addresses of the others and the amounts paid to them
Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business are not excluded
The intent of this definition is to ensure that, in calculating payments to the City, all sales and revenue from the Business Operations are captured and, therefore, this definition shall be given the broadest possible definition consistent with this intent. m. Major amendment—Any modification to this Agreement that makes a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. n. Minor amendment—Any modification to this Agreement that does not make a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. o. Police Chief—the Police Chief of the City.
p. Project—The Business Operations, Site Development, Odor and other Mitigation Plans, Security Plans, and all other terms and conditions applicable to Operator’s Business Operations. q. Site—The physical location of the Operator’s Business Operations, as described in Exhibit B, attached hereto.
r. Square Footage under Cultivation--the actual amount of canopy (measured by the aggregate area of vegetative growth of live cannabis plants on the premises including the area occupied by vertically and horizontally stacked canopies) that is limited by the maximum amount a cannabis business is authorized to cultivate by this Agreement or the CBUP, without deducting for unutilized square footage.
s. State license(s)—the license(s) issued by the State, whether through the Bureau of Cannabis Control or other regulatory agency authorizing the Operator to conduct its Business Operations

3. Effective Date. This Agreement shall be effective as of the date of the Resolution approving this Agreement, or such other date (if any) as specified in the Resolution approving this Agreement.

5. Operating Conditions. In addition to the terms and conditions set forth in the CBUP, Operator’s Business Operations shall be subject to the additional terms and conditions:

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
a. Hours of operation of retail sales on the Site shall not exceed 7 days per week, 8:00 a.m. to 8:00 p.m. There are no other hours’ restrictions on the Business Operations, including delivery. b. Subsequent to the annual audit by the Police Department or a third party selected by the Police Department, the Police Chief shall have the discretion to require additional security measures or modify existing security measures at the Operator’s expense, as may be required by law or reasonable for public safety. At Operator’s expense, the Police Chief may also determine to require additional security measures at any time upon the Department’s finding that existing security measures are insufficient for the Business Operations to comply with the terms of the CBUP or to adequately protect public health and safety. The Police Chief’s determination is appealable to the City Manager. c. The City Manager may impose additional mitigation measures, whether relating to odor or other factors affecting public health and safety, on the Project at Operator’s expense, as may be required by law or reasonable to maintain public health and safety. The City Manager’s determination is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
in City’s possession, or that may come into City’s possession within three years of the date the fees are paid. One or more deficiency determinations of the amount of fees owed for a period or periods may be made. The determination of the City Manager pursuant to this subsection is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

Operator shall initiate its Equity Program within three months of this Agreement’s Effective Date. b. Operator shall prepare a written Social Equity Program Plan (“Equity Plan”), which includes the Equity Program’s description, a non-profit social equity program plan organization (“Equity Plan Organization“) located in Antioch and approved by the City, and an action plan with goals, tasks, responsible parties, timelines, and measurable outcomes. The Equity Plan is set forth in Exhibit D, attached hereto and incorporated herein. Operator shall provide a written report, semi-annually, to the City Manager and City Attorney on its progress in carrying out the Equity Program’s goals and measurable outcomes. Upon request of the City Manager or City Attorney, Operator also agrees to provide a presentation to the City Council on the Equity Plan’s goals and measurable outcomes. The Equity Plan may be modified in writing by request of the Operator and only with prior written approval of the City Manager or the City Attorney.
c. If the City Council, the City Manager, or the City Attorney determine that Operator’s Equity Plan does not adequately achieve the City’s goals as set forth herein, the City Council, the City Manager, or the City Attorney shall have the discretion to require the Operator to modify its Equity Plan subsequent to one or more meetings with the Operator.
d. Operator agrees to fund its Equity Plan, as detailed in Exhibit D, with the first payment submitted to its Equity Plan Organization at the same time as the first payment for gross receipts and/or square footage is due under Section 6b hereof. Subsequent payments to its Equity Plan Organization shall be made quarterly with each subsequent quarterly payment due on January 15, April 15, July 15, and October 15 or, if the 15this a weekend day or a national or state holiday, on the next business day. Late payment from the Operator to the Equity Plan Organization shall be subject to the same penalties and interest set forth in section 6 hereof.

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
facts supporting such Evidence of Default, and the manner in which the Default may be cured. Within that forty-five day period, Operator shall cure the Default to the City Manager’s reasonable satisfaction, provide evidence with supporting facts as to why no Default exists, or provide alternatives satisfactory to the City Manager to address the Default.
b. If the City Manager is not satisfied with Operator’s response and/or believes a Default continues to exist, then the City Manager may, at his/her sole discretion:

Order the Operator to suspend all Business Operations at the Site until the Default is cured.

Take such other action as may be authorized by the CBUP or this Agreement.

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
action. The City Council, at a duly noticed public meeting, shall have the discretion to approve a Major Amendment or a Minor Amendment, which has been referred to the Council.

13. Assignment. City has entered into the Agreement with Operator in reliance upon Operator’s specialized knowledge, experience, and expertise relating to the Project and cannabis-related business.

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
c. The insurance referenced herein shall be evidenced by certificate(s) of insurance, which shall be kept current during the term of this Agreement. d. The certificate(s) and endorsement(s) shall be provided to, and approved by, the City Attorney prior to Operator beginning Business Operations. e. The insurance shall be placed with a company authorized to transact business in the State of California and with a rating of not less than A.M. Best-A, or such other rating as approved by the City Attorney.
f. Operator shall provide at least thirty (30) days’ prior written notice of any cancellation, reduction in scope or amount, or material modification of the insurance referenced herein. g. If Operator fails to maintain the insurance referenced herein, the City in its sole discretion may obtain such insurance at Operator’s expense, with Operator obligated to promptly reimburse the City, or determine such failure to be Evidence of Default.

To the City of Antioch:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Manager Attn: City Manager
With a copy to:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Attorney Attn: City Attorney

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]

To Operator:

Delta Labs, Inc.
2101 W. 10 th Street, Suite A
Antioch CA 94509
Attn: Rick Hoke

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]
by the other party shall not constitute waiver of such party’s right to demand strict compliance by the other party in the future. Furthermore, no express written waiver of any default shall affect any other default or cover any other period of time specified I such express waiver. k. Notwithstanding termination or expiration of this Agreement for any reason, Sections 6c, 6d, 10 and 14 shall be continuing obligations of Operator and shall survive this Agreement.

EXECUTED AS OF ____________________, 2022

CITY OF ANTIOCH DELTA LABS, INC.

_____________________________________ ________________________________ Cornelius H. Johnson, Interim City Manager

Attest:

_____________________________________
Elizabeth Householder, City Clerk

Approved as to form:

_____________________________________
Thomas Lloyd Smith, City Attorney

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]

EXHIBIT A

[to be attached]

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]

EXHIBIT B
The Site is located at 2101 W. 10thStreet, Suite A, Antioch CA 94509 and is APN 074- 051-005.

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]

For any Operator requesting the local employment incentive, the City reserves the right to verify the number of City residents employed on an annual basis.

EXHIBIT 1 TO ATTACHMENT A
Delta Labs Operating Agreement
[date]

Consistent with this goal, Operator will provide to the East Contra Costa Family Justice Center, a 501 (c)(3) non-profit corporation, the following funding: 0.25% in year one,

0.37% in year 2, and 0.5% in year 3 and thereafter of gross receipts, paid consistent with the terms of the Operating Agreement.

Goals

We will measure these outcomes by surveys and an ongoing team assessment process.

Outputs

Each teen will complete a short video of their interview of family members of other generations about what could be done to have safe and healthy relationships.

The cohort will develop a presentation to make to senior centers and groups in Antioch and make at least one presentation. This project will involve needs assessment and curriculum design.

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Ruthann G. Ziegler, Special Counsel

APPROVED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Resolution for Approval of Cannabis Operating Agreement for KWMA Collective, LLC

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the Operating Agreement for KWMA Collective, LLC.

FISCAL IMPACT
Approval of the Operating Agreement will result in increased revenue to the City and the social equity program supported by the operating agreement from KWMA Collective’s business.

DISCUSSION
KWMA Collective holds Cannabis Business Use Permit UP 21-16, approved by the City Council on December 14, 2021. KWMA Collective’s managers are Sun Liang, Wei Sheng Xie, and Guang Hui Lin, with the last individual serving as the Chief Executive Officer. KWMA Collective may produce cannabis for manufacturing by Delta Labs and/or for retail sale by Delta Dispensary.

KWMA Collective would be located at 2101 W. 10th Street, Suites E and F. This is the same building complex where Delta Dispensary is located and where Delta Labs, Inc. and Delta Family Pharms propose to locate.

Before KWMA Collective can begin operations, it must obtain City Council approval of its operating agreement. The draft operating agreement (attached as Exhibit 1 to the Resolution of Approval, attached hereto as Attachment A) is consistent with the City’s standard Operating Agreement for cannabis businesses. KWMA Collective has agreed to the terms and conditions of the proposed operating agreement.

Antioch City Council Report
May 24, 2022 Agenda Item #11 2
The proposed recipient of the social equity program is the East Contra Costa Family Justice Center, which is in Antioch. A copy of the Justice Center’s proposed social equity program is attached hereto as Attachment B.

Standard terms of the operating agreement include:

The operating agreement’s term is ten years with two possible five-year extensions. KWMA Collective agrees not to operate if the operating agreement is not in effect.

The Police Chief has discretion to require changes to the business to protect public health and safety.

The City Manager may impose additional mitigation measures relating to public health and safety.

KWMA Collective will begin paying a percentage of gross revenue to the City as of the 15thof the month following the City issuing the Certificate of Occupancy for the City, and monthly thereafter. A business paying a fee based on square footage shall pay that fee, based on existing square footage, at the end of each year.

The operating agreement shall be reviewed annually by City staff or a third party selected by the City.

The operating agreement includes provisions relating to indemnification of the City and insurance protecting the City.

The revenue to be paid to the City is set forth in Exhibit C to the operating agreement, which provides:

ATTACHMENTS
A. Resolution of Approval for Operating Agreement for KWMA Collective Exhibit 1 to Attachment A Operating Agreement for KWMA Collective B. Social Equity Program (Generations Connect) for East County Contra Costa Family Justice Center

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE CANNABIS OPERATING AGREEMENT FOR KWMA

COLLECTIVE, LLC
WHEREAS, on December 14, 2021, by Resolution No. 2021-196, the City Council approved Cannabis Business Use Permit No. UP 21-16 for KWMA Collective, LLC to operate a cannabis business within the City on the terms and conditions set forth therein; WHEREAS, each cannabis business must obtain City Council approval of an operating agreement and execute that agreement prior to beginning operations as a cannabis business;
WHEREAS, the City Council has reviewed the attached Operating Agreement, and received public comment thereon, at its May 24, 2022, meeting; WHEREAS, the City Council finds that the attached Operating Agreement will benefit the Antioch community by producing revenue for the City and its goals; WHEREAS, the City Council finds that the attached Operating Agreement will benefit the Antioch community by the Operator committing to provide additional funding for programs to address community needs within Antioch; and WHEREAS, the City Council finds that the attached Operating Agreement in combination with the approved use permit for the cannabis business will not only benefit the community but also includes adequate provisions to protect public health and safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the attached Operating Agreement and authorizes the City Manager to execute same.
* * * * * * * * *
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 24th day of May, 2022, by the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:
______________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]

RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:

OPERATING AGREEMENT
This Operating Agreement (“Agreement”) is entered into between the City of Antioch, a municipal corporation (“City”) and KWMA Collective, LLC, a limited liability company (“Operator”), whose address is 2101 W. 10th Street, Suites E and F, Antioch, California 94509. City and Operator may be referenced herein as “Party” or collectively as “Parties.”

RECITALS
A. Operator submitted an application for approval of a use permit and design review for a cannabis business, as further detailed herein.

B. On December 14, 2021, by Resolution No. 2021/196, the City Council approved a Cannabis Business Use Permit to operate cannabis business UP 21-16 (“CBUP”). A copy of the CBUP is attached hereto as Exhibit A and incorporated herein. The CBUP relates to the Site, as described in Exhibit B, attached hereto and incorporated herein.

C. One condition of the CBUP is that the City and Operator execute an Operating Agreement. This Agreement meets this requirement of the CBUP.

D. On ___________, 2022, the City Council adopted Resolution __________ approving this Agreement.

AGREEMENT

1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth in this Agreement.

KWMA Collective Operating Agreement
[date]
Code, ordinance, and resolution may be amended from time to time, excluding such federal law which may conflict with state or local laws authorizing cannabis businesses or operations. c. Business Operations—The commercial cannabis business operated at the Site by Operator, its officers, officials, employees, agents, and consultants, as approved by the City Council in the CBUP, and as subject to the terms and conditions of this Agreement. d. Cannabis—Both medical and non-medical cannabis as defined by Health & Safety Code section 11362.5 and Business and Professions Code sections 26000 et seq. e. Cannabis Business Use Permit—the Cannabis Business Use Permit, attached hereto as Exhibit A, as approved by City Council Resolution No. 2021/196. f. City—the City of Antioch, California.
g. City Attorney—the City Attorney of the City.
h. City Council—the City Council of the City.
i. City Manager—the City Manager of the City.
j. Operator—KWMA Collective, LLC.
k. Fees—All charges, expenses, costs, monetary exactions, and any other monetary obligations imposed on Operator by City, other than assessments or regular or special taxes, and not limited to fees paid pursuant to this Agreement.
l. Gross Receipts—The total of amounts actually received or receivables from sales and the total amounts actually received or receivable for the performance of any act or service for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Gross receipts shall also include all receipts, cash, credits and property of any kind without deduction of the cost of the property sold, the costs of the materials used, labor or services costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from “gross receipts" are the following:

KWMA Collective Operating Agreement
[date]
The intent of this definition is to ensure that, in calculating payments to the City, all sales and revenue from the Business Operations are captured and, therefore, this definition shall be given the broadest possible definition consistent with this intent. m. Major amendment—Any modification to this Agreement that makes a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. n. Minor amendment—Any modification to this Agreement that does not make a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. o. Police Chief—the Police Chief of the City.
p. Project—The Business Operations, Site Development, Odor and other Mitigation Plans, Security Plans, and all other terms and conditions applicable to Operator’s Business Operations. q. Site—The physical location of the Operator’s Business Operations, as described in Exhibit B, attached hereto.
r. Square Footage under Cultivation--the actual amount of canopy (measured by the aggregate area of vegetative growth of live cannabis plants on the premises including the area occupied by vertically and horizontally stacked canopies) that is limited by the maximum amount a cannabis business is authorized to cultivate by this Agreement or the CBUP, without deducting for unutilized square footage.
s. State license(s)—the license(s) issued by the State, whether through the Bureau of Cannabis Control or other regulatory agency authorizing the Operator to conduct its Business Operations

3. Effective Date. This Agreement shall be effective as of the date of the Resolution approving this Agreement, or such other date (if any) as specified in the Resolution approving this Agreement.

5. Operating Conditions. In addition to the terms and conditions set forth in the CBUP, Operator’s Business Operations shall be subject to the additional terms and conditions:
a. Hours of operation of retail sales on the Site shall not exceed 7 days per week, 8:00 a.m. to 8:00 p.m. There are no other hours’ restrictions on the Business Operations, including delivery. b. Subsequent to the annual audit by the Police Department or a third party selected by the Police Department, the Police Chief shall have the discretion to require additional security measures or modify existing security measures at the Operator’s expense, as may be required by law or reasonable for public safety. At Operator’s expense, the Police Chief may also determine to require additional security EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]
measures at any time upon the Department’s finding that existing security measures are insufficient for the Business Operations to comply with the terms of the CBUP or to adequately protect public health and safety. The Police Chief’s determination is appealable to the City Manager. c. The City Manager may impose additional mitigation measures, whether relating to odor or other factors affecting public health and safety, on the Project at Operator’s expense, as may be required by law or reasonable to maintain public health and safety. The City Manager’s determination is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

7. Social Equity Program.

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]
a. Operator agrees to implement and maintain for the entirety of the term of this Agreement a Social Equity Program (“Equity Program”) to benefit the City and its residents, to foster equitable participation in the cannabis industry, and to create business opportunities for those most negatively impacted by the enforcement of cannabis laws prior to the legalization of cannabis in California.

9. Default.
a. If the City Manager finds Evidence of Default, the City Manager shall provide at least forty-five (45) days’ written notice thereof to Operator, with the notice specifying the nature of the default, the facts supporting such Evidence of Default, and the manner in which the Default may be cured. Within that forty-five day period, Operator shall cure the Default to the City Manager’s reasonable satisfaction, provide evidence with supporting facts as to why no Default exists, or provide alternatives satisfactory to the City Manager to address the Default.
b. If the City Manager is not satisfied with Operator’s response and/or believes a Default continues to exist, then the City Manager may, at his/her sole discretion:

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]
Order the Operator to suspend all Business Operations at the Site until the Default is cured.

Take such other action as may be authorized by the CBUP or this Agreement.

12. Amendments. This Agreement may be amended from time to time, if in writing and signed by both parties. The City Manager or the City Attorney shall have the discretion to approve a Minor Amendment to this Agreement or to refer such Minor Amendment to the Council for review and possible action. The City Council, at a duly noticed public meeting, shall have the discretion to approve a Major Amendment or a Minor Amendment, which has been referred to the Council.

13. Assignment. City has entered into the Agreement with Operator in reliance upon Operator’s specialized knowledge, experience, and expertise relating to the Project and cannabis-related business.

KWMA Collective Operating Agreement
[date]
assign or otherwise transfer the Agreement, Operator shall provide evidence to the reasonable satisfaction of the City Manager and the City Attorney of the specialized knowledge, experience, expertise, and financial stability of the proposed assignee or transferee prior to review and possible approval by the City Council.

15. Insurance.
a. For the term of the Agreement, Operator shall be required to, and agrees to, maintain in full force and effect public liability and property damage insurance, including personal injury in an amount of not less than three million dollars ($3,000,000) per occurrence and five million dollars ($5,000,000) aggregate, and automobile insurance for owned and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Each policy shall have such coverage and limits as may be reasonably requested by City from time to time. Each policy shall have a self-insured retention of not more than one hundred thousand dollars ($100,000.) b. The insurance referenced herein shall include endorsements, naming as additional insureds the City, its officers, officials, employees, consultants, and agents. The endorsements shall also specify that the insurance is primary, with any policies held by the City to be non-contributing. c. The insurance referenced herein shall be evidenced by certificate(s) of insurance, which shall be kept current during the term of this Agreement. d. The certificate(s) and endorsement(s) shall be provided to, and approved by, the City Attorney prior to Operator beginning Business Operations. e. The insurance shall be placed with a company authorized to transact business in the State of California and with a rating of not less than A.M. Best-A, or such other rating as approved by the City Attorney.

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]
f. Operator shall provide at least thirty (30) days’ prior written notice of any cancellation, reduction in scope or amount, or material modification of the insurance referenced herein. g. If Operator fails to maintain the insurance referenced herein, the City in its sole discretion may obtain such insurance at Operator’s expense, with Operator obligated to promptly reimburse the City, or determine such failure to be Evidence of Default.

To the City of Antioch:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Manager Attn: City Manager
With a copy to:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Attorney Attn: City Attorney

To Operator:

KWMA Collective, LLC
2101 West 10 thStreet, Suite F
Antioch, CA 94509
Attn: Guang Lin, CEO

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]
b. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless enforcement of the Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would the frustrate the purpose of the Agreement. c. The Parties shall take all steps reasonable and necessary to effectuate the terms and intent of the Agreement. However, no provision of the Agreement shall limit, or be construed to limit, the right of the City, the City Manager, the City Attorney, or the City Council to exercise discretion as to the Agreement or other matters.
d. The Parties are not, and shall not be construed, to be partners or joint venturers. e. The only parties to the Agreement are City and Operator. There are no third-party beneficiaries and the Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever.
f. In the event that suit is brought by either Party to the Agreement, the Parties agree that venue shall be exclusively vested in the state court of Contra Costa County, or in the U.S. District Court for the Northern District of California.
g. This Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between parties with respect to the subject matter hereof. h. The Parties acknowledge that City would not have entered into this Agreement had it been exposed to damage claims from Operator for any breach hereof. As such, the Parties agree that in no event shall Operator be entitled to recover damages against City for breach of this Agreement. i. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument. j. All waivers must be in writing to be effective or binding upon the waiving party and no waiver shall be implied from any omission by a party to take or not take any action with respect to default or other matters. Failure by a party to insist upon the strict performance of any provisions of the Agreement by the other party shall not constitute waiver of such party’s right to demand strict compliance by the other party in the future. Furthermore, no express written waiver of any default shall affect any other default or cover any other period of time specified I such express waiver. k. Notwithstanding termination or expiration of this Agreement for any reason, Sections 6c, 6d, 10 and 14 shall be continuing obligations of Operator and shall survive this Agreement.

EXECUTED AS OF ____________________, 2022

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]

CITY OF ANTIOCH OPERATOR
KWMA Collective, Inc.

_____________________________________ ________________________________ Cornelius H. Johnson, Interim City Manager Guang Lin, CEO

Attest:

_____________________________________
Elizabeth Householder, City Clerk

Approved as to form:

____________________________________
Thomas Lloyd Smith, City Attorney

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]

EXHIBIT A

[to be attached]

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]

EXHIBIT B
The Site is located at 2101 W. 10thStreet, Suites E and F, Antioch CA 94509 and is APN 074-051-005.

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]

For any Operator requesting the local employment incentive, the City reserves the right to verify the number of City residents employed on an annual basis.

EXHIBIT 1 TO ATTACHMENT A

KWMA Collective Operating Agreement
[date]

Consistent with this goal, Operator will provide to the East Contra Costa Family Justice Center, a 501 (c)(3) non-profit corporation, the following funding: 0.25% in year one,

0.37% in year 2, and 0.5% in year 3 and thereafter of gross receipts, paid consistent with the terms of the Operating Agreement.

Goals

We will measure these outcomes by surveys and an ongoing team assessment process.

Outputs

Each teen will complete a short video of their interview of family members of other generations about what could be done to have safe and healthy relationships.

The cohort will develop a presentation to make to senior centers and groups in Antioch and make at least one presentation. This project will involve needs assessment and curriculum design.

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Ruthann G. Ziegler, Special Counsel

APPROVED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Request by Contra Costa Farms For Authorization to Conduct a Temporary Cannabis Event Within the City of Antioch

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution (“Attachment A”) authorizing Contra Costa Farms to conduct a temporary cannabis event within the City consistent with State law and the City’s municipal code.

FISCAL IMPACT
The proposed action should generate increased revenue for the City and for its social equity program.

DISCUSSION
The City Council, at its February 8, 2022 meeting, unanimously approved Ordinance No. 2204-C-S which allows the City Council to approve temporary cannabis events on certain terms and conditions.

Contra Costa Farms (“CoCoFarms”) is seeking City approval to conduct a temporary cannabis event. CoCoFarms plans to conduct the event either by fall 2022 or spring 2023. CoCoFarms will be using its existing retail cannabis license for cannabis sales at the event. Therefore, the event should generate revenue for both the City and the social equity program supported by CoCoFarms.

The temporary cannabis event would be required to:

Comply with state regulations and obtain approval of the state Department of Cannabis Control
Obtain City approval of the event’s security plan
Obtain City approval of the event’s traffic plan
Conduct retail sales pursuant to a valid cannabis license issued by the City Be held at the Contra Costa Event Park (“County Fairgrounds”) located at 1201 West 10th Street or at a District Agricultural Association event Antioch City Council Report
May 24, 2022 Agenda Item #12 2
Provide proof of insurance satisfactory to the City Attorney at least 90 days prior to the event

CoCoFarms has indicated that the event requires at least six months’ advance planning because of the need to obtain these City and State approvals, as well as the need to coordinate availability of the site, vendors, and entertainment.

The Cannabis Standing Committee, at its April 28, 2022 meeting, considered CoCoFarm’s request and directed the matter be moved forward to the City Council for review and possible action.

Attachment B is the PowerPoint presentation that CoCoFarms shared with the Committee. It provides additional details about CoCoFarms’ proposal.

ATTACHMENTS
A. Resolution Approving Request by Contra Costa Farms for Authorization to Conduct a Temporary Cannabis Event within the City of Antioch B. Ordinance 2204-C-S
C. PowerPoint from Contra Costa Farms relating to Its Proposal for Temporary Cannabis Events

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE REQUEST BY CONTRA COSTA FARMS FOR

AUTHORIZATION TO CONDUCT A TEMPORARY CANNABIS EVENT WITHIN THE

CITY OF ANTIOCH

WHEREAS, on February 8, 2022, the City Council approved Ordinance No. 2204- C-S which allows the City Council to approve temporary cannabis events on certain terms and conditions;
WHEREAS, Contra Costa Farms seeks the City’s authorization to conduct a temporary cannabis event within the City of Antioch;
WHEREAS, on April 28, 2022, the Cannabis Committee considered Contra Costa Farms’ request to conduct a temporary cannabis event and directed the request be presented to the City Council;
WHEREAS, the City Council has reviewed Contra Costa Farms’ request and received public comment on it at its May 24, 2022 meeting; WHEREAS, the City Council finds that granting Contra Costa Farms’ request will benefit the Antioch community by producing revenue for the City and its goals; and WHEREAS, the City Council finds that the State and the City have enacted sufficient safeguards for the City, its residents, and its businesses as to the temporary cannabis events proposed by Contra Costa Farms.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes Contra Costa Farms to conduct a temporary cannabis event within 12 months from the date of adoption of this Resolution at the Contra Costa Event Park at 1201 West 10thStreet, Antioch on terms and conditions consistent with Ordinance No. 2204-C-S and state law.
* * * * * * * * *

ATTACHMENT A
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 24th day of May, 2022, by the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:
___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

ORDINANCE NO. 2204-C-S

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 irections for traffic control and security before, during, and after the event.
(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 2 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:

SECTION 5. CEQA:

The above amend not considered a project under
the California Environmental Quality Act under the commonsense 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:

* * * * * * *

I HEREBY CERTIFY that 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: Council Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica, and Mayor Thorpe

NOES: None

ABSENT: None

ABSTAIN: None
/s/ LAMAR A. THORPE
Lamar A. Thorpe
Mayor of the City of Antioch
ATTEST:

/s/ ELIZABETH HOUSEHOLDER
Elizabeth Householder
City Clerk of the City of Antioch

13 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of May 24, 2022

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Ruthann G. Ziegler, Special Counsel

APPROVED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Resolution to Approve First Amended and Restated Operating Agreement for Bakery Antioch I, LLC to reflect Change in Ownership from Cookies to Red Workshop

RECOMMENDED ACTION
It is recommended that the City Council consider adopt the resolution (“Attachment A”) to approve the First Amended and Restated Operating Agreement for Bakery Antioch I, LLC to reflect the change in ownership from Cookies to Red Workshop.

FISCAL IMPACT
The proposed action should not have a negative effect on the City budget and may generate increased revenue by providing more options for different types.

DISCUSSION
Bakery Antioch I, LLC is located at 2515 W. 10th Street, Antioch. This business was formed by Cookies, an established cannabis business operator in California. Cookies is also the parent company of Alluvium dba Lemonnade, located at 2625 Crow Street.

Both cannabis businesses are retail dispensaries with delivery service. Cookies has decided it wishes to operate only one, not two, retail cannabis dispensaries within the City and, therefore, is requesting approval of a change in ownership for Bakery Antioch I, LLC. The City Council has approved the cannabis business use permits (“CBUP”) and operating agreements for both Bakery Antioch and Alluvium.

Bakery Antioch I, LLC holds CBUP #19-14. The Council approved the operating agreement for this business on December 8, 2020. The business is not yet in operation. Section 11 of the operating agreement allows the operating agreement to be transferred from one owner to another only with Council approval at a duly noticed public meeting. Council adoption of the Resolution (Attachment A) to approve the First Amended and Restated Operating Agreement (Exhibit 1 to Attachment A) would authorize this change. The only difference in the original Operating Agreement and the Antioch City Council Report
May 24, 2022 Agenda Item #13 2
First Amended and Restated Operating Agreement is the name of the operator and related contact information.

Ryan Johnson, as general counsel of Cookies, filed a request with the City for the change in ownership. A copy of that request is attached hereto as Attachment B. The proposed transferee is Red Workshop. A copy of background information submitted by Red Workshop to the City is attached hereto as Attachment C. Red Workshop has stated by email that it accepts the terms and conditions of the existing operating agreement.

The City has the discretion to approve or deny the request, ask for modifications, or seek further information.

ATTACHMENTS
A. Resolution To Approve First Amended and Restated Operating Agreement for Bakery Antioch I, LLC to reflect Change in Ownership from Cookies to Red Workshop
Exhibit 1 to Attachment A: First Amended and Restated Operating Agreement for Bakery Antioch I, LLC
B. February 24, 2022 Request by Ryan Johnson for Bakery Antioch I, LLC C. April 5, 2022 Submittal by Red Workshop Relating To Cannabis Experience

ATTACHMENT A
RESOLUTION NO. 2022/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING THE FIRST AMENDED AND RESTATED OPERATING AGREEMENT

FOR BAKERY ANTIOCH I, LLC TO REFLECT CHANGE IN OWNERSHIP FROM

COOKIES TO RED WORKSHOP

WHEREAS, on December 8, 2020, by Resolution No. 2020/182, the City Council approved Cannabis Business Use Permit No. 19-14 for Antioch Bakery I, LLC (Cookies);
WHEREAS, on December 8, 2020, by Resolution No. 2020/183, the City Council approved the Operating Agreement for Bakery Antioch I, LLC; WHEREAS, Cookies has requested that its Operating Agreement be transferred to Red Workshop:

WHEREAS, the City Council has reviewed data submitted by Red Workshop evidencing Red Workshop’s experience in the cannabis industry and its financial stability; WHEREAS, the City Council has received public comment on this matter at its May 24, 2022, meeting;
WHEREAS, the City Council finds that approving the attached First Amended and Restated Operating Agreement, authorizing the change in ownership will increase competition in the cannabis market in Antioch, and benefit the Antioch community by producing revenue for the City and its goals;
WHEREAS, the City Council finds that approving the attached First Amended and Restated Operating Agreement, authorizing the change in ownership with the existing use permit will benefit the Antioch community by providing additional funding for programs to address community needs within Antioch; and
WHEREAS, the City Council finds that approving the attached First Amended and Restated Operating Agreement, authorizing the change in ownership, with the approved use permit for the cannabis business will benefit the community and includes adequate provisions to protect public health and safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the attached First Amended and Restated Operating Agreement and authorizes the City Manager to execute same in a form approved by the City Attorney. * * * * * * * * *

ATTACHMENT A
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 24th day of May, 2022, by the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:
____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

EXHIBIT 1 TO ATTACHMENT A

Bakery Antioch I, LLC (Red Workshop) Operating Agreement

RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:

City of Antioch
200 H Street
Antioch, CA 94509
Attn: City Clerk

Exempt from recording fee per Government Code §6103

FIRST AMENDED AND RESTATED OPERATING AGREEMENT
This Operating Agreement (“Agreement”) is entered into between the City of Antioch, a municipal corporation (“City”) and Bakery Antioch I, LLC, a California limited liability corporation (formerly Bakery Antioch I, Inc., a California corporation) (collectively, “Operator”). Operator proposes a cannabis business located at 2515 W. 10th Street, Antioch, CA (the “Site”). City and Operator may be referenced herein as “Party” or collectively as “Parties”.

RECITALS
A. Operator submitted an application for approval of its use permit for a cannabis business consisting of a dispensary with delivery and a type N infusion license.

B. On December 8, 2020, by Resolution No. 2020/182, the City Council approved Cannabis Business Use Permit # 19-14 relating to Operator’s application (“CBUP”). A copy of the CBUP is attached hereto as Exhibit A and incorporated herein. The CBUP relates to the Site, as described in Exhibit B, attached hereto and incorporated herein.

C. One condition of the CBUP is that the City and Operator execute an Operating Agreement. This Agreement meets this requirement of the CBUP. On December 8, 2020, the City Council adopted Resolution 2020/183 approving an operating agreement which met the requirements of the CBUP.

D. On February 24, 2022, Cookies as the current owner of Bakery Antioch I, LLC requested the City authorize the transfer of its ownership of Bakery Antioch I, LLC to Red Workshop. On April 5, 2022, Red Workshop provided information relating to its cannabis-related experience.

E. On May 24, 2022, at a duly noticed public meeting, the City Council adopted Resolution No. ______ approving this First Amended and Restated Operating Agreement, thus transferring ownership of Antioch Bakery I, LLC from Cookies to Red Workshop.

AGREEMENT

1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth in this Agreement.

EXHIBIT 1 TO ATTACHMENT A

Bakery Antioch I, LLC (Red Workshop) Operating Agreement

2. Definitions. The following terms, when capitalized herein, shall have the meanings specified below.
a. Agreement—This Agreement between the City and Operator. b. Applicable Law—All applicable federal, state, regional, and local statutes, regulations, and rules including the Uniform Building Code and other Uniform Codes, the California Environmental Quality Act, the City’s ordinances, resolutions, rules, and regulations, as each statute, regulation, regulation, rule, Code, ordinance, and resolution may be amended from time to time, excluding such federal law which may conflict with state or local laws authorizing cannabis businesses or operations. c. Business Operations—The commercial cannabis business operated at the Site by Operator, its officers, officials, employees, agents, and consultants, as approved by the City Council in the CBUP, and as subject to the terms and conditions of this Agreement. d. Cannabis—Both medical and non-medical cannabis as defined by Health & Safety Code section 11362.5 and Business and Professions Code sections 26000 et seq. e. Cannabis Business Use Permit—the Cannabis Business Use Permit, attached hereto as Exhibit A, as approved by City Council Resolution 2020/182.
f. City—the City of Antioch, California.
g. City Attorney—the City Attorney of the City.
h. City Council—the City Council of the City.
i. City Manager—the City Manager of the City.
j. Operator—Bakery Antioch I, LLC, formerly Bakery Antioch I, Inc. k. Fees—All charges, expenses, costs, monetary exactions, and any other monetary obligations imposed on Operator by City, other than assessments or regular or special taxes, and not limited to fees paid pursuant to this Agreement.
l. Gross Receipts—The total of amounts actually received or receivables from sales and the total amounts actually received or receivable for the performance of any act or service at the Site for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Gross receipts shall also include all receipts, cash, credits and property of any kind without deduction of the cost of the property sold, the costs of the materials used, labor or services costs, interest paid or payable, or losses or other expenses whatsoever.

Excluded from “gross receipts" are the following:

Cash discounts allowed and taken on sales;
Credit allowed on property accepted as part of the purchase price and which property may later be sold;
Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
EXHIBIT 1 TO ATTACHMENT A

Bakery Antioch I, LLC (Red Workshop) Operating Agreement Such part of the sale price of property returned by a purchaser upon rescission of the contract of sale as is refunded whether in cash or by credit; Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee furnishes to the City the names and addresses of the others and the amounts paid to them; and
Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business are not excluded .

The intent of this definition is to ensure that, in calculating payments to the City, all sales and revenue from the Business Operations are captured and, therefore, this definition shall be given the broadest possible definition consistent with this intent. m. Major amendment—Any modification to this Agreement that makes a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. n. Minor amendment—Any modification to this Agreement that does not make a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. o. Police Chief—the Police Chief of the City.
p. Project—The Business Operations, Site Development, Odor and other Mitigation Plans, Security Plans, and all other terms and conditions applicable to Operator’s Business Operations. q. Site—The physical location of the Operator’s Business Operations, as described in Exhibit B, attached hereto.
r. State license(s)—the license(s) issued by the State, whether through the Bureau of Cannabis Control or other regulatory agency authorizing the Operator to conduct its Business Operations.

3. Effective Date. This Agreement shall be effective as of the date of the Resolution approving this Agreement, or such other date (if any) as specified in the Resolution approving this Agreement.

4. Term of Agreement. The initial term of this Agreement shall be ten years, with two possible extensions of five years each. This Agreement may be extended by mutual agreement of the Operator and the City Council on such additional terms and conditions as to which the Parties may agree. At the end of the term, Operator agrees to cease all Business Operations at the Site, notwithstanding the terms and conditions of the CBUP. The parties agree that, six months prior to the end of the initial ten-year term, they will meet and confer in good faith with the goal either of continuing this Agreement on the same terms and conditions or of modifying the Agreement so that the Business Operations may continue for the mutual benefit of the City and the Operator.

8.00 p.m. There are no other hours’ restrictions on the Business Operations, including delivery.

EXHIBIT 1 TO ATTACHMENT A

Bakery Antioch I, LLC (Red Workshop) Operating Agreement b. Subsequent to the annual audit by the Police Department or a third party selected by the Police Department, the Police Chief shall have the discretion to require additional security measures or modify existing security measures at the Operator’s expense, as may be required by law or reasonable for public safety. At Operator’s expense, the Police Chief may also determine to require additional security measures at any time upon the Department’s finding that existing security measures are insufficient for the Business Operations to comply with the terms of the CBUP or to adequately protect public health and safety. The Police Chief’s determination is appealable to the City Manager. c. The City Manager may impose additional mitigation measures, whether relating to odor or other factors affecting public health and safety, on the Project at Operator’s expense, as may be required by law or reasonable to maintain public health and safety. The City Manager’s determination is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

6. Fees.
a. Operator agrees to pay all fees, whether imposed by the City, state, or other regulatory agencies in a timely manner. Operator’s failure to pay such fees in a timely manner may, at the City’s sole discretion, constitute Evidence of Default. City shall provide thirty (30) days’ prior written notice to Operator as to any unpaid City fees before declaring Evidence of Default, consistent with Section 9 of this Agreement. If Operator fails to pay such fees, plus any interest or penalties due for late payment, Operator agrees that the City may record on the property which is the subject of the CBUP one or more liens for the fees owed.
b. Operator agrees to pay City beginning with the fifteenth of the month immediately following the date the City issues the Certificate of Occupancy for the Site the amounts set forth in Exhibit C, attached hereto and incorporated herein. The amount due for Gross Receipts is payable thereafter on the 15thof each month or, if the 15th is a weekend day or a national or state holiday, on the next business day (“Due Date”). The amount due based on square footage, with adjustments made during the year as square footage is increased or decreased, is payable thereafter quarterly, on January 15, April 15, July 15, and October 15 or, if the 15th is a weekend day or a national or state holiday, on the next business day (“Due Date”). The Operator shall also submit with its Gross Receipts payment and its quarterly square footage payment a report on a form provided by the Operator and approved by the City which lists the gross receipts and square footage (if applicable) for the period; any adjustments to the gross receipts and square footage, and basis therefor; the gross receipts subject to the percentages set forth in Exhibit C; the square footage subject to Exhibit C; and the total amount due. c. A payment is late or deficient under this Section if not postmarked by or received by the City Finance Department on or before the Due Date. A late or deficient payment shall be subject to a one- time penalty of five percent (5%) of the amount owed, plus monthly non-compounding interest at the maximum rate allowed by law, but not to exceed an annualized amount of ten percent (10%). d. If the City Manager is not satisfied with the veracity of report(s) filed by Operator regarding the Business Operations’ total gross receipts or square footage, the City Manager may reasonably compute and determine the amount of the fees to paid on the gross receipts or square footage and make a deficiency determination upon the basis of the facts contained in such report(s), or upon the basis of any information in City’s possession, or that may come into City’s possession within three (3) years of the EXHIBIT 1 TO ATTACHMENT A

Antioch City CouncilMay 24, 2022

Antioch City Council
May 24, 2022