ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Date: Tuesday, February 28, 2023
Time: 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
Tamisha Torres-Walker, Mayor Pro Tem (District 1) Lauren Posada, City Treasurer Michael Barbanica, Council Member District 2
Lori Ogorchock, Council Member District 3 Cornelius Johnson, 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- FEBRUARY 28, 2023
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 consid eration. 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. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. City Council Agendas, including Staff Reports are posted onto our City’s W ebsite 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: https://www.antiochca.gov/notifications/ and enter your e -mail address to subscribe. To view the agenda information, click on the following link:
https://www.antiochca.gov/government/agendas-and-minutes/city-council/. Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the Council on each agenda item. Please see the Speaker Rules on the inside cover of this Agenda for additional information on public participation.
7:00 P.M. ROLL CALL – REGULAR MEETING – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, and Mayor Thorpe [Mayor Pro Tem (District 1) Torres-Walker and District 4 Wilson – Absent]
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION – NO CLOSED SESSION
1. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
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
2. PRESENTATIONS – PFM Asset Management LLC Report on City Investments presented by Sarah Meacham, Managing Director
– Micro-Housing Project Update
presented by Forrest Ebbs, Community Development Director
ANTIOCH CITY COUNCIL -2- FEBRUARY 28, 2023
3. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 24, 2023 Continued, 3/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2023 Continued, 3/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 23, 2023 Continued, 3/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.
D. SECOND READING – BILLBOARD REGULATIONS (Z-22-04) (Introduced on 02/14/2023) Ord. No. 2225-C-S adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the ordinance amending the Antioch Municipal Code section “Sign Regulations” (Chapter 5, Article 5).
E. SECOND READING – BUILDING CODE UPDATES (Introduced on 02/14/2023) Ord. No. 2226-C-S adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the ordinance amending Title 8 of the Antioch Municipal Code, adopting by reference the California Code of Regulations Title 24, 2022 Edition of the California Building Standards and related model codes, as amended.
F. BUILDING INSPECTION SERVICES DIVISION ANNUAL REPORT
Received and filed, 3/0
Recommended Action: It is recommended that the City Council receive and file this annual report of the Building Inspection Services Division of the Community Development Department.
G. APPROVAL OF AWARDS FOR THE 2022 -2023 CIVIC ENHANCEMENT GRANT
PROGRAM
Reso No. 2023/28 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the 2022-23 Civic Enhancement Grants.
ANTIOCH CITY COUNCIL -3- FEBRUARY 28, 2023
CONSENT CALENDAR – Continued
H. ACCEPTANCE OF WORK AND NOTICE OF COMPLETION FOR THE CITY HALL PLAZA IMPROVEMENTS AND LEO FONTANA FOUNTAIN PROJECT (P.W. 247-R) Reso No. 2023/29 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting work and authorizing the City M anager or designee to file a Notice of Completion for City Hall Plaza Improvements and Leo Fontana Fountain Project.
I. RESOLUTION TERMINATING THE DECLARATION OF A LOCAL EMERGENCY CONCERNING THE NOVEL CORONAVIRUS DISEASE 2019 (“COVID-19”) Reso No. 2023/30 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution terminating the declaration of a local emergency concerning the Novel Coronavirus Disease 2019 (“COVID-19”).
J. RESOLUTION IN SUPPORT OF CLEAN MOBILITY OPTIONS PROGRAM VOUCHER
APPLICATION
Reso No. 2023/31 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution supporting the initial concept to apply for a Clean Mobility Options Project Voucher in order to establish an Electric Vehicle Car Share program in Antioch.
K. RESOLUTION APPROVING A SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC., TO PROVIDE SUPPORT TO THE BUILDING
INSPECTION SERVICES DIVISION OF THE COMMUNITY DEVELOPMENT
DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
AGREEMENT
Reso No. 2023/32 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving an amended agreement with 4 Leaf, Inc., to provide contract services at the Community Development Technician and Building Inspector level through June 30, 2023, in the increased amount of $240,000 for an amount not to exceed $1,140,000, and
2) Authorizing the City Manager to execute th e amended agreement.
ANTIOCH CITY COUNCIL -4- FEBRUARY 28, 2023
PUBLIC HEARING
4. SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2022-23 ACTION PLAN/2020 -25
CONSOLIDATED PLAN TO DISSOLVE REVOLVING LOAN FUND AND REPROGRAM FUNDING TO HIGH PRIORITY GOAL # CD -7 GOAL: INFRASTRUCTURE AND ACCESSIBILITY, STRATEGY CD-7.1 CITY DOWNTOWN STREET AND ACCESSIBILITY
PROJECT, AND AMENDMENT TO THE C ONSTRUCTION AGREEMENT WITH REDGWICK CONSTRUCTION CO. FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT DOWNTOWN ROADWAY PAVEMENT REHABILITATION, PHASE 9 PROJECT (P.W. 678-9)
Recommended Action: It is recommended that the City Council:
Reso No. 2023/33 adopted, 3/0
1) Adopt the resolution approving the substantial amendment to the Fiscal Year (FY) 2022-23 Action Plan and 2020 -25 Contra Costa Consortium Consolidated Plan for the City of Antioch:
a. Determining that it is appropriate to submit the revised City of Antioch FY 2022 -23 Action Plan to the U.S. Department of Housing and Urban Development (HUD), outlining the Substantial Amendment to the City’s expenditure of CDBG funds in support of HUD’s national objectives, which includes (1) dissolution of the Housing Revolving Loan Fund, (2) cancellation of the CDBG project allocation to the Antioch Home Ownership Program, and (3) reallocation of $550,000 in former Revolving Loan Fund monies to the City Downtown Street and Accessibility Project; and
b. Identifying the City Manager, or designee, (1) shall be the City representative to submit the Substantial Amendment to the FY 2022- 2023 Action Plan and all understandings and assurances contained therein, (2) is hereby directed and authorized to d isburse funds and execute all attendant documents and agreements consistent with the City Council’s designation and approval of the programs, activities and projects as designated in the Amended City of Antioch FY 2022- 23 Action Plan, and (3) shall act in connection with the submission and provide such additional information as may be required.
Reso No. 2023/34 adopted, 3/0
2) Adopt the resolution amending the Fiscal Year 2022 -23 Capital Improvements and Operating Budgets to include an amendment to increase the construction agreement with Redgwick Construction Co. for the CDBG Downtown Roadway Pavement Rehabilitation, Phase 9 Project P. W. 678-9:
a. Increasing the FY 2022/2023 Capital Improvement and Operating Budgets in the amount of $550,000 for the Project from the Community Development Block Grant Fund for a total project budget of $1,483,000;
b. Increasing the construction agreement with Redgwick Construction Co. for the Project by $550,000 for a total agreement amount of $1,235,000; and
c. Authorizing a nd directing the City Manager to execute the amendment in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -5- FEBRUARY 28, 2023
COUNCIL REGULAR AGENDA
5. RESOLUTION APPROVING AN AMENDMENT TO THE 2022/23 FISCAL YEAR BUDGET TO INCLUDE EXPENDITURES FOR THE JULY 4, 2023, CELEBRATION IN THE AMOUNT OF $110,000
Tabled, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution approving an amendment to the 2022/23 fiscal year budget to include expenditures for the July 4, 2023, Celebration in the amount of $110,000.
6. CONSIDERATION OF WHETHER TO PROVIDE TELECONFERENCE MEETING
ACCOMMODATIONS FOR BROWN ACT MEETINGS OF THE CITY COUNCIL AND CITY
BOARDS, COMMISSIONS AND COMMITTEES
Direction provided to staff to #2 – Conduct meetings of the City Council and City boards, commissions, and
committees in person and without teleconferencing, 3/0
Recommended Action: It is recommended that the City Council:
1) Make a motion to implement teleconference meeting
accommodations, as permitted by Assembly Bill (AB) 2449, for Brown Act meetings of the City Council and City boards, commissions, and committees; or
2) Make a motion to conduct meetings of the City Council and City boards, commissions, and committees in person and without teleconferencing.
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 Regular Meeting at 10:16 p.m., 3/0
BOARDS AND COMMISSIONS
VACANCY ANNOUNCEMENTS
SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
PURPOSE:
The Committee’s function is to review the expenditure records of the C ity’s voter-approved Measure W one -cent sales tax effective A pril 1, 2019 and must report the results of their review to the City Council by April 1 each year.
CURRENT VACANCIES:
• (4) Full-Term seats, expiring March 2026
• (1) Partial-Term seat, expiring March 2024
MEETINGS:
• At least 2 times annually,
virtually on Zoom
SEATS:
• 1 Chair
• 1 Vice Chair
• 5 Committee Members
REQUIREMENTS:
• All members must reside in the City of Antioch
To be considered for the vacancy position(s) listed above, please fill out and sign the “Community Service Application ” form available at City Hall or online at https://www.antiochca.gov/government/boards-commissions/.
Then, e-mail it to [email protected], or print and mail/drop off in the water billing drop-off box outside City Hall at: City Clerk, 200 H Street, Antioch, CA 94509
EXTENDED DEADLINE: FRIDAY, MARCH 3, 2023
#1
Investment Performance Review
For the Quarter Ended December 31, 2022
Client Management Team PFM Asset Management LLC
Sarah Meacham, Managing Director 213 Market Street
Harrisburg, PA 17101-2141
717-232-2723
633 W 5th St., 25th Floor
Los Angeles, CA 90071
213-415-1699
NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE
For Institutional Investor or Investment Professional Use Only - This material is not for inspection by, distribution to, or quotation to the general public
CITY OF ANTIOCH
#2
© PFM Asset Management LLC pfmam.com|
Market Update
PFM Asset Management LLC
For the Quarter Ended March 31, 2022
California Affiliated Risk Management Authorities Market UpdateCLIENT NAME For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
The Year in Review
Beginning in March, the Fed hiked rates by
425 basis points in 2022
• The 2-year treasury yield rose just
370 bps through 2022
Consumer spending remained resilient
despite price pressures and extended credit
levels
Energy prices surged due to uncertainty,
geopolitical conflict (war in Ukraine), and
storage challenges
2022 saw an uncommon phenomenon of
both stocks and bonds posting negative
returns
-19.4%
-13.0%
-5.3%
1.5%
6.7%
-20%
-15%
-10%
-5%
0%
5%
10%
S&P 500 Barclays
U.S. Bond
Aggregate
1-5 Year
Gov/Corp A
or Better
Cash Crude Oil
2022 Asset Class Returns
Source: Bloomberg, as of 12/31/2022.
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC pfmam.com|
2 PFM Asset Management LLC
For the Quarter Ended March 31, 2022
California Affiliated Risk Management Authorities Market UpdateCLIENT NAME For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Current Market Themes
▸ The U.S. economy is characterized by:
▹ High inflation that shows signs of slowing
▹ Continued strong labor market
▹ Potentially declining health of U.S. household finances ▹ Expectations for a modest yet broad economic downturn ▸ The Federal Reserve is expected to wrap up their normalization process
▹ Slowing pace of rate hikes
▹ Fed projecting short-term fed funds rate to reach 5.00% to 5.25% by year- end, with markets expecting rate cuts in the second half of 2023 ▹ Fed officials reaffirm that restoring price stability is the utmost priority, despite risks of overtightening
▸ Volatile markets potentially calming
▹ Treasury yields in the belly of the curve (3-7 years) ended the quarter slightly lower, while shorter and longer maturities ended higher ▹ Yield curve inversion has deepened further since last quarter ▹ While still elevated, volatility and liquidity challenges have begun subsiding
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC pfmam.com|
3 For the Quarter Ended March 31, 2022
California Affiliated Risk Management Authorities Market UpdateCLIENT NAME For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Source: Bloomberg, as of 12/31/2022.
Rates Remain Sensitive to Fed and Inflation
The 2-year
Treasury is
commonly used
to gauge market
reactions and
near-term policy
expectations
3.75%
4.00%
4.25%
4.50%
4.75%
5.00%
Oct-22 Nov-22 Dec-22 Jan-23
Hundreds
2-Year US Treasury Yield
October 13th CPI
Consumer prices rise
more than expected,
catalyzing uncertainty;
+17 bps
November 10
th CPI
The first tangible sign
that inflation is
slowing; -24 bps
November 3
rd
Hawkish stance from the
FOMC regarding higher
rates; +10 bps
November 30
th
Powell confirms that
upcoming rate hikes
will be smaller; -16 bps
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC pfmam.com|
4 For the Quarter Ended March 31, 2022
California Affiliated Risk Management Authorities Market Update What Could the Fed’s Pivot Look Like?
CLIENT NAME
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
+25
+50
+75 +75 +75 +75
+50
+25 +25
-25 -25 -25
0%
1%
2 %
3%
4%
5%
6%
-50
-25
0 25
50 75
100
Jan-22 May-22 Jul-22 Nov-22 Feb-23 May-23 Jul-23 Nov-23 Jan-24 Basis Point Change
FOMC Meeting Dates
Changes to the Target Fed Funds Rate
Actual Market Expectation FF Mid-Point (right axis)
Source: Bloomberg WIRP Interest Rate Probability as of 1/9/2023.
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC pfmam.com|
5 PFM Asset Management LLC
For the Quarter Ended March 31, 2022
California Affiliated Risk Management Authorities Market UpdateCLIENT NAME For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Inflation Now Trending Lower
Source: Bloomberg, as of December 2022.
Lower energy
and goods
prices help to
offset increases
in wage-driven
services costs
Dec-22
6.5%
-2%
0%
2%
4%
6%
8%
10%
Jun-20 Sep-20 Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Jun-22 Sep-22 Consumer Prices (CPI)
Top-Line Contributions and Year-over-Year Reading
Services (Ex Food & Energy) Goods (Ex Food & Energy) Food Energy Headline YoY%
Bloomberg
Forecasts
Q1
‘23
Q2
‘23
Q3
‘23
Dec-22
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC pfmam.com|
6 PFM Asset Management LLC
For the Quarter Ended March 31, 2022
California Affiliated Risk Management Authorities Market UpdateCLIENT NAME For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Recession Gauge Flashing Yellow, But GDP Expected to Grow by End of Year Labor
market
Consumer
Retail sales
Manufacturing
Inverted
yield curve
Recession Risk
Rate hike cycle
I
nflation
1.1%
0.1%
-0.6%
0.0%
0.9%
1.5%
1.8%
-2.0%
-1
.5%
-1.0%
-0.5%
0.0%
0.5%
1.0%
1.5%
2.0%
2.5%
Q4 '22 Q1 '23 Q2 '23 Q3 '23 Q4 '23 Q1 '24 Q2 '24
U.S. GDP Forecasts
Annualized Rate
Range Median of Forecasts
Source: Bloomberg, Economist Forecasts. Recession risk based on most recent economic data as of 1/9/2023.
Housing
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC pfmam.com|
7 PFM Asset Management LLC
For the Quarter Ended March 31, 2022
California Affiliated Risk Management Authorities Market UpdateCLIENT NAME For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC | pfmam.com
Higher Yields Can Offset Some of the Price Depreciation Woes Source: ICE BofAML Indices via Bloomberg, as of 12/31/2 022. PFMAM Calculations. Income return represents the yield of the benchmark index, as of the end of the prior calendar year, respective to the year of performance shown.
4.34%
4.75%
4.22%
4.00% 3.97%
3.87%
2.5%
3.0 %
3.5%
4.0%
4.5%
5.0%
5.5%
Yield
U.S. Treasury Yield Curve
December 31, 2022
September 30, 2022
3mo 2yr 5yr 7yr 10yr
2023
Starting Yield:
4.49%
-6%
-4%
-2
%
0%
2%
4%
6%
8%
10%
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
2020
2022
Annual Price & Income Returns
1-3 Year Treasury Index
Income Return Price Return Total Return
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Market Update
© PFM Asset Management LLC pfmam.com|
8 © PFM Asset Management LLC pfmam.com|
Account Summary
© PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Portfolio Snapshot
|
Yield and duration calculations exclude cash and cash equivalents. Sector allocation includes market values and accrued interest.
The portfolio’s benchmark is currently the ICE BofAML 1-3 Year U.S Treasury Index. Prior to 2/28/11 it was the ICE BofAML 1 Year U.S Treasury Index. Prior to 9/30/10 it was the ICE BofAML 1-3 Year U.S Treasury Index. Prior to 6/30/02 it was the ICE BofAML 1 Year U.S Treasury Note Index. Source: Bloomberg.
An average of each security’s credit rating was assigned a numeric value and adjusted for its relative weighting in the portfolio.
1. Portfolio Snapshot - CITY OF ANTIOCH, CA¹
Credit Quality - S&P
15%
52%
33%
1%
7%
58%
35%
0%
20%
40%
60%
0-1 Yr 1-2 Yrs 2-3 Yrs 3-4 Yrs
Portfolio Benchmark
Duration Distribution
U.S. Treasury | 41%
Corporate | 28%
ABS | 17%
Federal Agency | 6%
Negotiable CD | 3%
Municipal | 2%
Supranational | 1%
Agency CMBS | 1%
Agency MBS Pass Through | <1%
Sector Allocation
AAA | 15%
AA+ | 50%
AA | 4%
AA- | 4%
A+ | 4%
A | 9%
A- | 9%
BBB+ | 2%
A-2 | 1%
Not Rated | 3%
Portfolio Statistics
Portfolio Effective Duration 1. 69 years
Benchmark Effective Duration 1.74 years
Portfolio Credit Quality AA
Yield At Market 4.54%
Yield At Cost 2.04%
Total Market Value $105,450,289.27
$105,024,065.55Securities Sub-Total
$0.00Cash
$426,223.72Accrued Interest
10 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Account Summary
|
16.5%
27.6%
3.5%
2.2%
1.4%
0.2%
1.4%
6.2%
41.0%
0.0% 20.0% 40.0% 60.0% 80.0% 100.0%
ABS - $17,395,814
Corporate - $29,125,520
Negotiable CD - $3,641,127
Municipal - $2,296,656
Supranational - $1,507,247
Agency MBS Pass Through - $246,547
Agency CMBS - $1,497,823
Federal Agency - $6,514,358
U.S. Treasury - $43,225,199
Portfolio Allocation Sector Limit for Analysis*
Sector Allocation Analytics
For informational/analytical purposes only and is not provided for compliance assurance. Includes accrued interest. *
Sector Limit for Analysis is as derived from our interpretation of your most recent Investment Policy as provided. 11 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Compliance
|
Note: Pre- and post-trade compliance for the account(s) managed by PFM Asset Management is provided via Bloomberg Asset and Investment Management ("AIM").
Certificate of Compliance
During the reporting period for the quarter ended December 31, 2022, the account(s) managed by PFM Asset Management (
"PFMAM") were in compliance with the applicable investment policy and guidelines as furnished to PFMAM.
Acknowledged :PFM Asset Management LLC
12 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Portfolio Activity
|
Portfolio Activity - CITY OF ANTIOCH, CA
Net Activity by Sector
($
millions)
Federal Agency
U.S. Treasury
Supranational
Agency MBS Pass Through
Agency CMBS
Municipal
Negotiable CD
ABS
Corporate
Federal Agency
U.
S. Treasury
Supranational
Agency MBS Pass
Through
Agency CMBS
Municipal
Negotiable CD
ABS
Corporate
($8.0) ($6.0) ($4.0) ($2.0) $0.0 $2.0 $4.0 $6.0
Based on total proceeds (principal and accrued interest) of buys, sells, maturities, and principal paydowns. Detail may not add to total due to rounding.
Sector Net Activity
Corporate $2,967,240
ABS $2,870,526
Negotiable CD $1,220,462
Municipal $522,544
Agency CMBS $162,761
Agency MBS Pass Through ($14,595)
Supranational ($1,302,553)
U.S. Treasury ($2,834,604)
Federal Agency ($3,077,373)
$514,407Total Net Activity
Sales/Maturities Purchases
13 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Portfolio Performance
|
The lesser of 10 years or since inception is shown. Since inception returns for periods one year or less are not shown. Performance inception date is June 30, 1995.1.
Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.2.
Returns for periods one year or less are presented on a periodic basis. Returns for periods greater than one year are presented on an annualized basis.3.
The portfolio’s benchmark is currently the ICE BofAML 1-3 Year U.S Treasury Index. Prior to 2/28/11 it was the ICE BofAML 1 Year U.S Treasury Index. Prior to 9/30/10 it was the ICE BofAML 1-3 Year U.S Treasury Index. Prior to 6/30/02 it was the ICE BofAML 1 Year U.S Treasury Note Index. Source: Bloomberg.
4. -4.0%
-3.0%
-2.0%
-1.0%
0.0%
1.0%
2.0%
Return
Portfolio Benchmark
Portfolio Performance
Market Value Basis Earnings 3 Months 1 Year 3 Years 5 Years 10 Years Interest Earned² $49 8,448 $1,362,431 $4,172,428 $7,524,724 $12,009,873 Change in Market Value $356,411 ($4,564,573) ($4,783,802) ($3,589,014) ($5,109,797) $854,859Total Dollar Return ($3,202,142) ($611,374) $3,935,710 $6,900,076 Total Return³
Portfolio 0.82% -3.21% -0.10% 1.09% 0.97%
Benchmark⁴ 0.74% -3.65% -0.41% 0.77% 0.67%
3 Months 1 Year 3 Years 5 Years 10 Years
14 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Portfolio Performance
|
The lesser of 10 years or since inception is shown. Performance inception date is June 30, 1995.1.
Interest earned calculated as the ending accrued interest less beginning accrued interest, plus net interest activity.2.
Realized gains / (losses) are shown on an amortized cost basis.3.
Accrual Basis Earnings - CITY OF ANTIOCH, CA
Accrual Basis Earnings
Interest Earned²
Re
alized Gains / (Losses)³
Change in Amortized Cost
Total Earnings
3 Months
$498,448
($
401,769)
($18,006)
$78,673
1 Year
$1,362,431
($
696,640)
($137,870)
$527,921
3 Years
$4,172,428
$6
81,163
($305,755)
$4,547,835
5 Year
$7,524,724
$2
52,675
($190,404)
$7,586,995
10 Year¹
$12,009,873
$6
14,238
($1,249,635)
$11,374,476
15 © PFM Asset Management LLC pfmam.com|
Portfolio Review:
Issuer Diversification
© PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Account Summary
|
Ratings shown are calculated by assigning a numeral value to each security rating, then calculating a weighted average rating for each security type / issuer category using all available security ratings, excluding Not-Rated (NR) ratings. For security type / issuer categories where a rating from the applicable NRSRO is not available, a rating of NR is assigned. Includes accrued interest and excludes balances invested in overnight funds.
Issuer Diversification
Market Value (%) S&P / Moody's / FitchSecurity Type / Issuer
41.0%U.S. Treasury
UNITED STATES TREASURY 41.0% AA / Aaa / AAA
6.2%Federal Agency
FREDDIE MAC 6. 2% AA / Aaa / AAA
1.4%Agency CMBS
FANNIE MAE 0.4% AA / Aaa / AAA
FREDDIE MAC 1.0% AA / Aaa / AAA
0.2%Agency MBS Pass Through
FANNIE MAE 0.2% AA / Aaa / AAA
1.4%Supranational
INTER-AMERICAN DEVELOPMENT BANK 0.8% AAA / Aaa / AAA
INTL BANK OF RECONSTRUCTION AND DEV 0.6% AAA / Aaa / AAA
2.2%Municipal
CALIFORNIA DEPARTMENT OF WATER
RESOURCES
0.4% AAA / Aa / NR
FLORIDA STATE BOARD OF ADMIN FIN CORP 0.7% AA / Aa / AA
LOS ANGELES COMMUNITY COLLEGE
DISTRICT
0.2% AA / Aaa / NR
NEW JERSEY TURNPIKE AUTHORITY 0.2% AA / A / A
NEW YORK ST URBAN DEVELOPMENT CORP 0.6% AA / NR / AA
STATE OF CONNECTICUT 0.1% AA / Aa / AA
3.5%Negotiable CD
CREDIT AGRICOLE SA 0.8% A / Aa / AA
CREDIT SUISSE GROUP RK 0.7% BBB / A / BBB
NORDEA BANK ABP 1.0% AA / Aa / AA
TORONTO-DOMINION BANK 1.0% A / A / NR
27.6%Corporate
ABBOTT LABORATORIES 0.3% AA / A / NR
Market Value (%) S&P / Moody's / FitchSecurity Type / Issuer
27.6%Corporate
AMAZON.COM INC 0.9% AA / A / AA
AMERICAN EXPRESS CO 0.7% BBB / A / A
AMERICAN HONDA FINANCE 0.7% A / A / A
ANZ BANKING GROUP LTD 0.4% AA / Aa / A
ASTRAZENECA PLC 0.4% A / A / A
BANK OF AMERICA CO 1.2% A / A / AA
BMW FINANCIAL SERVICES NA LLC 0.4% A / A / NR
BRISTOL-MYERS SQUIBB CO 0.4% A / A / NR
BURLINGTON NORTHERN SANTA FE 0.2% AA / A / NR
CATERPILLAR INC 0.7% A / A / A
CHARLES SCHWAB 0.3% A / A / A
CINTAS CORPORATION NO. 2 0.3% A / A / NR
CITIGROUP INC 0.6% BBB / A / A
COLGATE-PALMOLIVE COMPANY 0.1% AA / Aa / NR
COMCAST CORP 0.6% A / A / A
DEERE & COMPANY 0.7% A / A / A
EXXON MOBIL CORP 0.2% AA / Aa / NR
GENERAL DYNAMICS CORP 0.3% A / A / NR
GOLDMAN SACHS GROUP INC 0.4% BBB / A / A
HERSHEY COMPANY 0.2% A / A / NR
HOME DEPOT INC 0.2% A / A / A
HONEYWELL INTERNATIONAL 0.7% A / A / A
HORMEL FOODS CORP 0.3% A / A / NR
HSBC HOLDINGS PLC 0.7% A / A / A
IBM CORP 0.8% A / A / NR
JP MORGAN CHASE & CO 1.2% A / A / AA
17 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Account Summary
|
Ratings shown are calculated by assigning a numeral value to each security rating, then calculating a weighted average rating for each security type / issuer category using all available security ratings, excluding Not-Rated (NR) ratings. For security type / issuer categories where a rating from the applicable NRSRO is not available, a rating of NR is assigned. Includes accrued interest and excludes balances invested in overnight funds.
Issuer Diversification
Market Value (%) S&P / Moody's / FitchSecurity Type / Issuer
27.6%Corporate
LOCKHEED MARTIN CORP 0.4% A / A / A
MERCK & CO INC 0.2% A / A / NR
MORGAN STANLEY 0.7% A / A / A
NATIONAL AUSTRALIA BANK LTD 0.5% AA / Aa / NR
NATIONAL RURAL UTILITIES CO FINANCE
CORP
0.5% A / A / A
NESTLE SA 0.9% AA / Aa / A
PACCAR FINANCIAL CORP 0.7% A / A / NR
PNC FINANCIAL SERVICES GROUP 0.7% A / A / A
PRAXAIR INC 0.8% A / A / NR
RABOBANK NEDERLAND 0.9% A / Aa / AA
Roche Holding AG 1.2% AA / Aa / AA
STATE STREET CORPORATION 1.1% A / A / AA
TARGET CORP 0.3% A / A / A
TEXAS INSTRUMENTS INC 0.1% A / Aa / NR
THE BANK OF NEW YORK MELLON
CORPORATION
1.4% A / A / AA
TOYOTA MOTOR CORP 0.7% A / A / A
TRUIST FIN CORP 0.7% A / A / A
UNILEVER PLC 0.2% A / A / A
UNITEDHEALTH GROUP INC 0.5% A / A / A
USAA CAPITAL CORP 0.5% AA / Aa / NR
WAL-MART STORES INC 0.5% AA / Aa / AA
16.5%ABS
ALLY AUTO RECEIVABLES TRUST 1.4% AAA / Aaa / NR
AMERICAN EXPRESS CO 1.0% AAA / NR / AAA
BMW FINANCIAL SERVICES NA LLC 0.1% AAA / Aaa / NR
Market Value (%) S&P / Moody's / FitchSecurity Type / Issuer
16.5%ABS
BMW VEHICLE OWNER TRUST 0.3% AAA / Aaa / AAA
CAPITAL ONE FINANCIAL CORP 1.8% AAA / Aaa / AAA
CARMAX AUTO OWNER TRUST 2.2% AAA / Aaa / AAA
DISCOVER FINANCIAL SERVICES 1.4% AAA / Aaa / AAA
FORD CREDIT AUTO OWNER TRUST 0.2% AAA / NR / AAA
GM FINANCIAL CONSUMER AUTOMOBILE
TRUST
0.9% AAA / Aaa / AAA
GM FINANCIAL LEASINGTRUST 0.2% AAA / NR / AAA
HARLEY-DAVIDSON MOTORCYCLE TRUST 0.5% AAA / Aaa / NR
HONDA AUTO RECEIVABLES 0.2% NR / Aaa / AAA
HYUNDAI AUTO RECEIVABLES 1.4% AAA / NR / AAA
KUBOTA CREDIT OWNER TRUST 1.6% NR / Aaa / AAA
MERCEDES-BENZ AUTO LEASE TRUST 0.0% AAA / NR / AAA
MERCEDES-BENZ AUTO RECEIVABLES 0.9% AAA / Aaa / AAA
NISSAN AUTO RECEIVABLES 0.5% AAA / Aaa / NR
Toyota Lease Owner Trust 0.2% AAA / Aaa / NR
TOYOTA MOTOR CORP 0.8% AAA / Aaa / AAA
VERIZON OWNER TRUST 0.3% AAA / Aaa / AAA
VOLKSWAGEN AUTO LEASE TURST 0.2% NR / Aaa / AAA
WORLD OMNI AUTO REC TRUST 0.4% AAA / NR / AAA
100.0%Total
18 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Appendix
|
Important Disclosures
This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation, as it was prepared without regard to any specific objectives or financial circumstances.
Investment advisory services are provided by PFM Asset Management LLC ("PFMAM"), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. ("USBAM"). USBAM is a subsidiary of U.S. Bank National Association ("U.S. Bank"). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.
PFMAM professionals have exercised reasonable professional care in the preparation of this performance report. Information in this report is obtained from sources external to PFMAM and is generally believed to be reliable and available to the public; however, we cannot guarantee its accuracy, completeness or suitability. We rely on the client's custodian for security holdings and market values. Transaction dates reported by the custodian may differ from money manager statements. While efforts are made to ensure the data contained herein is accurate and complete, we disclaim all responsibility for any errors that may occur. References to particular issuers are for illustrative purposes only and are not intended to be recommendations or advice regarding such issuers. Fixed income manager and index characteristics are gathered from external sources. When average credit quality is not available, it is estimated by taking the market value weights of individual credit tiers on the portion of the strategy rated by a NRSRO.
It is not possible to invest directly in an index. The index returns shown throughout this material do not represent the results of actual trading of investor assets.
Third-party providers maintain the indices shown and calculate the index levels and performance shown or discussed. Index returns do not reflect payment of any sales charges or fees an investor would pay to purchase the securities they represent. The imposition of these fees and charges would cause investment performance to be lower than the performance shown.
The views expressed within this material constitute the perspective and judgment of PFMAM at the time of distribution and are subject to change. Any forecast, projection, or prediction of the market, the economy, economic trends, and equity or fixed-income markets are based upon certain assumptions and current opinion as of the date of issue and are also subject to change. Some, but not all assumptions are noted in the report. Assumptions may or may not be proven correct as actual events occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Opinions and data presented are not necessarily indicative of future events or expected performance.
For more information regarding PFMAM's services or entities, please visit www.pfmam.com. © 2022 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. 19 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Appendix
|
Important Disclosures
Market values that include accrued interest are derived from closing bid prices as of the last business day of the month as supplied by Refinitiv, Bloomberg, or Telerate. Where prices are not available from generally recognized sources, the securities are priced using a yield-based matrix system to arrive at an estimated market value.
In accordance with generally accepted accounting principles, information is presented on a trade date basis; forward settling purchases are included in the monthly balances, and forward settling sales are excluded.
Performance is presented in accordance with the CFA Institute's Global Investment Performance Standards (GIPS). Unless otherwise noted, performance is shown gross of fees. Quarterly returns are presented on an unannualized basis. Returns for periods greater than one year are presented on an annualized basis. Past performance is not indicative of future returns.
Bank of America/Merrill Lynch Indices provided by Bloomberg Financial Markets.
Money market fund/cash balances are included in performance and duration computations.
Standard & Poor's is the source of the credit ratings. Distribution of credit rating is exclusive of money market fund/LGIP holdings.
Callable securities in the portfolio are included in the maturity distribution analysis to their stated maturity date, although, they may be called prior to maturity.
MBS maturities are represented by expected average life. 20 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Appendix
|
Glossary
Accrued Interest: Interest that is due on a bond or other fixed income security since the last interest payment was made.
Agencies: Federal agency securities and/or Government-sponsored enterprises.
Amortized Cost: The original cost of the principal of the security is adjusted for the amount of the periodic reduction of any discount or premium from the purchase date until the date of the report. Discount or premium with respect to short-term securities (those with less than one year to maturity at time of issuance) is amortized on a straight line basis. Such discount or premium with respect to longer-term securities is amortized using the constant yield basis.
Asset-Backed Security: A financial instrument collateralized by an underlying pool of assets – usually ones that generate a cash flow from debt, such as loans, leases, credit card balances, and receivables.
Bankers’ Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill as well as the insurer.
Commercial Paper: An unsecured obligation issued by a corporation or bank to finance its short-term credit needs, such as accounts receivable and inventory.
Contribution to Total Return: The weight of each individual security multiplied by its return, then summed for each sector to determine how much each sector added or subtracted from the overall portfolio performance.
Effective Duration: A measure of the sensitivity of a security’s price to a change in interest rates, stated in years.
Effective Yield: The total yield an investor receives in relation to the nominal yield or coupon of a bond. Effective yield takes into account the power of compounding on investment returns, while nominal yield does not.
FDIC: Federal Deposit Insurance Corporation. A federal agency that insures bank deposits to a specified amount.
Interest Rate: Interest per year divided by principal amount and expressed as a percentage.
Market Value: The value that would be received or paid for an investment in an orderly transaction between market participants at the measurement date.
Maturity: The date upon which the principal or stated value of an investment becomes due and payable.
Negotiable Certificates of Deposit: A CD with a very large denomination, usually $1 million or more, that can be traded in secondary markets.
Par Value: The nominal dollar face amount of a security.
Pass-through Security: A security representing pooled debt obligations that passes income from debtors to its shareholders. The most common type is the mortgage-backed security.
21 © PFM Asset Management LLC pfmam.com
CITY OF ANTIOCH
For the Quarter Ended December 31, 2022
Appendix
|
Glossary
Repurchase Agreements: A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date.
Settle Date: The date on which the transaction is settled and monies/securities are exchanged. If the settle date of the transaction (i.e., coupon payments and maturity proceeds) occurs on a non-business day, the funds are exchanged on the next business day.
Supranational: A multinational union or association in which member countries cede authority and sovereignty on at least some internal matters to the group, whose decisions are binding on its members.
Trade Date: The date on which the transaction occurred; however, the final consummation of the security transaction and payment has not yet taken place.
Unsettled Trade: A trade which has been executed; however, the final consummation of the security transaction and payment has not yet taken place.
U.S. Treasury: The department of the U.S. government that issues Treasury securities.
Yield: The rate of return based on the current market value, the annual interest receipts, maturity value, and the time period remaining until maturity, stated as a percentage on an annualized basis.
YTM at Cost: The yield to maturity at cost is the expected rate of return based on the original cost, the annual interest receipts, maturity value, and the time period from purchase date to maturity, stated as a percentage on an annualized basis.
YTM at Market: The yield to maturity at market is the rate of return based on the current market value, the annual interest receipts, maturity value, and the time period remaining until maturity, stated as a percentage on an annualized basis. 22 A
02-28-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of February 28, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of January 24, 2023
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of January 24, 2023, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
B
02-28-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of February 28, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of February 14, 2023
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of February 14, 2023, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
C
02-28-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of February 28, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Special Meeting Minutes of February 23, 2023
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting Minutes of February 23, 2023, to the next meeting.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
ORDINANCE NO. _____
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AMENDING SECTION 9-5.515 (C) OF THE ANTIOCH MUNICIPAL CODE REGARDING BILLBOARDS (Z-22-04)
T
he City Council of the City of Antioch does ordain as follows:
SEC
TION 1:
The City Council is committed to take the steps necessary to provide a healthy and safe environment for all residents. The City of Antioch has the right to make and enforce all laws and regulations not in conflict with general laws, and the City has all rights and powers established by state law.
SEC
TION 2:
The City Council finds that the public necessity requires the proposed zoning ordinance amendments to impose requirements within the City of Antioch that are consistent with State law; said amendments are not detrimental to properties within Antioch, and that the proposed zoning ordinance amendment is in conformance with the Antioch General Plan.
SEC
TION 3:
At i ts regular meeting of November 16, 2022, the Planning Commission adopted Resolution 2022-31 recommending the City Council adopt the Ordinance amending § 9-
5.515(C) of the Antioch Municipal Code.
SEC
TION 4:
§ 9-5.515(C) is amended as follows:
(C) Billboards. BILLBOARD shall mean an outdoor advertising sign that is containing more than 50 square feet in size., which signs shall be permitted in the C-3, M-1, and M- 2 Zones with a use permit.
(1) O rientation. Billboards shall be located within 500 feet of a freeway right -of- way line and oriented to be viewed primarily from a freeway. (2) S
pacing. No billboard shall be placed within 4,000 feet of another billboard located on the same side of a freeway. The support post for a new billboard shall be placed at least 500 feet from a residential zoning district located on the same side of the freeway as the billboard.
(3) Zo
ning. Billboards shall be permitted in the C-2, C-3, M-1, and M-2 zones. (
4) Preservation of Development Standards. A billboard shall not create site conflicts with other required development standards. This includes but is not limited to site circulation, preservation of on- site parking, and other development standards as required by the Antioch Municipal Code.
(5) U
se Permit Required. A use permit is required for a billboard.
ATTACHMENT A
A1
2 SEC
TION 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.
SEC
TION 6. CEQA.
The above amendments to the City’s Municipal Code are not considered a project under the California Environmental Quality Act under the common sense exemption ( CEQA Guidelines §15061(b)(3) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.
SEC
TION 7: Publication; Effective Date
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its ado ption 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 14th of February 2023, and passed and adopted at a regular meeting thereof, held on the 28th day of February 2023, by the following vote:
A
YES:
N
OES:
ABS
ENT:
ABS
TAIN:
LAMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
A
TTEST:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
ORDINANCE NO.________
ORDINANCE AMENDING CERTAIN CHAPTERS OF TITLE 8 OF THE ANTIOCH MUNICIPAL CODE “BUILDING REGULATIONS”, ADOPTING THE CALIFORNIA CODE OF REGULATIONS TITLE 24, 2022 EDITION OF THE CALIFORNIA
BUILDING STANDARDS CODES AND RELATED MODEL CODES AS AMENDED
SECTION 1. Sec tion 8-1 of the Antioch Municipal Code is hereby amended to read in its entirety as follows:
Sec. 8-1. 01. Adoption of the 2022 California Building Code.
The California Building Code, 2022 Edition, based on the 2021 International Building Code, published by the International Code Council (ICC), as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, is hereby adopted by reference. Also adopted by reference are Appendix Chapter 1 Administrative; Appendix Chapter I; Patio Covers, and Appendix Chapters J; Grading. Copies are on file in the offices of the Building Official.
SECTION 2. Sec
tion 8-3.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
Sec. 8-3.01. A doption of the 2022 California Electrical Code.
The California Electrical Code, 2022 Edition, based on the 2021 Edition of the National Electrical Code published by the National Fire Protection Association, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, is hereby adopted by reference. Copies are on file in the offices of the Building Official.
SECTION 3. S
ection 8- 4.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
Sec. 8-4.01. A doption of the 2022 California Residential Building Code.
The California Residential Building Code, 2022 Edition, based on the 2021 International Residential Code, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations is hereby adopted by reference. Copies are on file in the offices of the Building Official.
ATTACHMENT A
A1
SECTION 4. Section 8-5.01 of the Antioch Municipal Code is hereby amended to read as follows:
S ec. 8- 5.01. Adoption of the 2022 California Plumbing Code.
(A) The California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, is hereby adopted by reference. Copies are on file in the offices of the Building Official.
(B) In addition, T he California Plumbing Code, 2022 Edition, Section 1210.18 shall include the following, “All new single and multiple family dwelling construction shall be equipped with an Earthquake- Actuated Gas Shutoff Valve installed as per this code”.
SECTION 5. S
ection 8- 7.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
Sec. 8-7 .01. Adoption of the 2022 California Green Building Standards Code.
The 2022 California Green Building Standards Code, published by the State of California, Department of Housing and Community Development, Division of Codes and Standards, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations is hereby adopted by reference. Copies are on file in the offices of the Building Official.
SECTION 6.
Section 8- 8.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
S ec. 8- 8.01. Adoption of the 2022 California Mechanical Code.
The California Mechanical Code, 2022, published by the International Association of Plumbing and Mechanical Officials, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, is hereby adopted by reference. Also adopted by reference are Appendix Chapters A, B, C, and D. Copies are on file in the offices of the Building Official.
SECTION 7.
Section 8-11.01 of the Antioch Municipal Code is hereby amended to read as follows:
A2
Sec. 8-11.01. Adoption of the 2022 California Energy Code.
The 2022 California Energy Code, published by the State of California, Department of Housing and Community Development, Division of Codes and Standards, as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations is hereby adopted by reference. Copies are on file in the offices of the Building Official.
SECTION 8. S ection 8- 15.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
Sec. 8-15. 01. Adoption of the 2022 California Fire Code.
(A) The 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1- 37 and 48 -49, Appendix Chapter 4, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, and Appendix J are adopted by reference and shall be controlling and enforceable within the Jurisdictional boundaries of the City.
SECTION 9. S
ection 8- 16.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
S ec. 8- 16.01. Adoption of the 2022 California Historical Building Code.
The 2022 California Historical Code published by the International Code Council, as adopted and amended by the California Building Standards Commission in the California Building Standards Code; Title 24 of the California Code of Regulations is hereby adopted by reference. Copies are on file in the offices of the Building Official.
SECTION 10. S
ection 8-17.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
S ec. 8- 17.01. Adoption of the 2022 California Existing Buildings Code.
The 2022 California Existing Buildings Code based on the 2021 International Existing Buildings Code published by the International Code Council, as adopted and amended by the California Building Standards Commission in the California Building Standards Code; Title 24 of the California Code of Regulations is hereby adopted by reference. Copies are on file in the offices of the Building Official.
SECTIO
N 11. Section 8-18.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
A3
Sec. 8-18.01. Adoption of the 2022 California Referenced Standards Code.
The 2022 California Referenced Standards Code published by the California Building Standards Commission in the California Building Standards Code; Title 24 of the California Code of Regulations is hereby adopted by reference. Copies are on file in the offices of the Building Official.
SECTION 12. S
ection 8-19.01 of the Antioch Municipal Code is hereby amended in its entirety to read as follows:
S ec. 8- 19.01. Adoption of the 2022 California Administrative Code.
The 2022 California Administrative Code published by the California Building Standards Commission in the California Building Standards Code; Title 24 of the California Code of Regulations is hereby adopted by reference. Copies are on file in the offices of the Building Official.
SECTION 13. T
his ordinance shall take effect and be enforced beginning January 1, 2023. The ordinance or summary shall be posted and published in a newspaper of general circulation printed and published in the City of Antioch as set forth in State Law.
SECTION 14. T
he Building Official shall file a copy of this ordinance with the State Department of Housing and Community Development and the State of California Building Standards Commission.
* * * * * * * *
*
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 14th day of February, 2023, and passed and adopted at a regular meeting thereof, held on the 28th day of February, 2023.
AYES:
NOES:
ABSENT:
L AMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A4
Building Inspection Services Division
Annual Report – 2022
The Building Inspection Services Division, commonly known as the “Building Department”, is one of three divisions contained in the Community Development Department. The Division is housed on the second floor of City Hall and administers the building permit application, review, issuance, and inspection processes. The Division is open from 8:00am – 5:00pm, Monday through Thursday.
B
uilding Permit - Process
When a building permit is required, a contractor or homeowner submits an application form and construction plans to the Division. Applications and plans can be dropped off at the plan kiosk or may be submitted in person at the public counter. If the project requires approval from the County health department or fire district, the applicant is directed to pursue those permits or approvals separately.
M
any small projects do not require the submittal of plans and can be issued “over -the- counter” by Division technicians. In this case, the applicant meets with the technician, submits all necessary information, makes payment, and receives the building permit in one visit.
O
nce the application is received, the plans are routed to the Building Inspectors for review or “plan check”. During this process, the plans are reviewed to ensure they conform to the adopted building codes. At the same time, the plans are routed to the Planning Division (CDD) and Engineering Division (PW). The Engineering and Planning Divisions review the plans to ensure that they are consistent with past Planning approvals, entitlements, the zoning ordinance/municipal code, and applicable State laws.
T
he review of plans typically takes 2-4 weeks, depending on the complexity of the project.
The commenting Divisions offer written comments or corrections, which are compiled and given to the applicant. The applicant can then modify the plans and resubmit them for review. Once the plans are found to be consistent with the Building Code and all other standards, they are approved, and the building permit is prepared. The applicant is notified, and an appointment is made to pick up and pay for the building permit.
ATTACHMENT A
A1
The applicant is required to pay all applicable fees at the time the building permit is issued.
The Division collects fees for its services and also collects pass-through fees for a number of other purposes and agencies. The following fees are collected by the Division:
1. Building Permit and Plan Check Fees: These cover the cost of reviewing the plans, producing the permit, retaining the file, and all inspections by Division staff. The amount of the fee is based on the size and valuation of the project.
2. Planning Plan C heck Fees: A small fee is collected to cover the cost of review by Planning staff for conformance with the Zoning Ordinance and prior Planning entitlements.
3. Pass-Through Fees: Fees are collected for the Antioch Unified School District, Brentwood Union School District, East Contra Costa County Regional Fee & Financing Authority (ECCRFFA), and others.
4. Support Fees: A
dditional fees are collected to support technology upgrades in the Community Development Department and for training in green building and disabled access, as enabled by State law.
Appointment System
In 2020, the Division shifted to an appointment system for all transactions in response to the pandemic. The Division never closed or stopped offering building permit or inspection services and remained available for in-person transactions. Today, appointments are not required to submit an application or visit the public counter. The Division learned through extensive positive feedback that applicants strongly prefer an appointment system to pick up permits since they are often travelling from other cities and appreciate the predictability offered by the system. The Division remains open for drop in inquiri es or to pick up an over-the-counter permit.
Div
ision – B udgeted Staffing
The Division currently has the following six budgeted positions:
1) Building Inspection Services Manager
2) Senior Building Inspector
3) Building Inspector I with Certification X 2 (2 vacant) 4) Community Development Technician X 2 (1 vacant)
Of the six budgeted positions, three are currently vacant.
A2
Div
ision – C ontract Staffing
In 2022, the City of Antioch used contract services for two full -time building ins pectors and one full-time permit technician. CDD anticipates using full-time contract staffing until the budgeted positions are filled by permanent employees.
Position
Monthly Cost
City
Employee
(Step C)
Contract
Employee
Building Inspector I with Certification $13,981
Building Inspector II with Certification $14,839
Associate Community Development Technician $13,283
TOTAL $42,103 $45,465
A
s shown in the above table, the City is currently spending over $45,000 per month on contract services, which is 8% more than using full -time City staff. Though contract services are valuable in the short term to supplement staff, they are not a reliable long- term substitution. Turnover among contract staff is higher and each new appointment requires training and commitment of staff resources. The Division is currently transitioning to a new permitting software and will be training, out of necessity, the interim contract staff. This valuable training resource would be better invested in permanent staff. In addition, permanent staff are generally more committed to long term career outcomes, customer service, and dedication to the organization. The Division is optimistic that these positions will be filled in the coming year.
A3
Building Permits – Trends
In 2022, the Building Inspection Services Division issued 4,454 building permits. This includes routine building permits for water heaters, kitchen remodels, roofs and similar projects. New single-family homes accounted for 371 building permits, which is 8% of the total. A total of 1,927 permits were issued for new solar panel installations, which is 43% of the total.
Year 2018 2019 2020 2021 2022
All Building Permits 2,890 3,386 3,211 3,981 4,454
Single-Family Homes 60 221 311 560 371
Solar Panels 694 1,067 1,045 1,494 1,927
Total $ Valuation of Building
Permits ($ millions)
$122.5 $151.6 $229.8 $268.7 $207.9
Average $ Valuation of Building
Permit
$42,422 $44,772 $71,566 $67,495 $46,677
2,890
3,386 3,211
3,981
4,454
60 221 311 560 371
694
1,067 1,045
1,494
1,927
-
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
4,500
5,000
2018 2019 2020 2021 2022
Building Permits Issued
Building Permits by Year
All Building Permits
Single-Family Homes
Solar Panels
A4
Building Permits - Valuation
The cost of most Building Permits is dependent on the valuation of the project, which includes material and labor. Since 2018, the total valuation of projects has increased by $85.3 million or 70%. However, the average dollar valuation of a building permit has increased by just $4,255 or 10%. In short, the City is receiving a larger volume of smaller- valuation projects such as solar panels.
Future Projections
Due to the rise of interest rates and the cooling of the national economy, many sources predict a slowing of the construction industry. Most home purchases and remodels require loans that are sensitive to interest rates. Moving forward, the Community Development Department anticipates a slight decline in the number of building permits across all categories. There remains significant inventory of build-ready lots in the large residential subdivisions in southeastern Antioch and other subdivisions will become available with the delivery of sewer and roads along Sand Creek Road. The Division anti cipates continued growth in the number of building permits issued, but a continued decline in the total valuation and average valuation of a building permit.
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$-
$50
$100
$150
$200
$250
$300
2018 2019 2020 2021 2022
$ Valuation per Building Permit
Total Valuation in $ Millions
Valuation by Year
A5
G
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
SUBJECT: Approval of Awards for the 2022-2023 Civic Enhancement Grant Program
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the 2022-23 Civic Enhancement Grants.
FISCAL IMPACT
The General Fund budget allocation for the Civic Enhancement Grant Program is $50,000 for Fiscal Year 2022-23. The total amount requested is $49,715.
DISCUSSION
The FY2022-23 General Fund Budget includes continued funding for the Civic Enhancement Grants Program to support community events and improvement projects that originate with nonprofit organizations in Antioch. It is the City’s goal to assist nonprofit organizations by creating and implementing a grant program to fund civic events and enhancement projects in an objective and efficient manner. The Parks and Recreation Commission makes final recommendations for grant approval to the City Council.
The Grant application period opened in December 2022 and applications were due January 17, 2023. The Parks and Recreation Commission appointed an Ad-Hoc Committee to complete the initial review of applications and provide a funding recommendation to the Commission. The Committee met on January 26, 2023 to review applications and determine their recommendation.
The City received nine applications for grant funding to support projects and/or programs in 2023. The City Council authorized $50,000 in FY2022-23 to fund the civic enhancement grant program. The total amount of funding requested is $49,715.
A chart summarizing the applications received is detailed below:
City Council Staff Report
February 28, 2023 Agenda Item G 2
At the Regular Meeting of February 16, 2023, the Parks and Recreation Commission voted to recommend that all applications be funded in full. Following the approval of grant awards, staff will proceed with executing grant agreements and disbursement of grant funding.
ATTACHMENTS
A. Resolution
Name of
Applicant
Amount
Requested
Amount
Recommended Project Summary
Be Exceptional $10,000 $10,000
To expand services in the
community by leasing their own
facility
Cancer Support
Community $2,500 $2,500 To help low-income communities of color by providing free services
Delta Veterans
Group $6,500 $6,500 Veterans Memorial Banner Program
Loaves and Fishes
of Contra Costa $5,000 $5,000 To provide food for families, seniors, unhoused residents, and veterans.
Love Never Fails $6,000 $6,000 To provide BIPOC Women
opportunities in the IT Field
The Drama Factory $2,880 $2,880
To make theater and stagecraft
accessible to the community by
supporting production fees/ costs
Antioch Historical
Society $8,835 $8,835 To redesign and update signage at the Antioch Historical Museum
Contra Costa
Family Justice
Alliance
$5,000 $5,000 To provide resources and education
to over 200 families and children
Antioch Rotary
Club $3,000 $3,000 For “Kings Conference” for
underserved male students
TOTAL $49,715 $49,715
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING CIVIC ENHANCEMENT GRANTS AS RECOMMENDED BY THE PARKS AND RECREATION COMMISSION FOR FISCAL YEAR 2022-23
WHEREAS, it is the City’s goal to assist nonprofit organizations by creating and implementing a grant program to fund civic events and enhancement projects in an objective and efficient manner;
WHEREAS, the Fiscal Year 2022-23 Budget authorized funding for a community grant program;
WHEREAS, the City conducted an open process to accept grant applications and encouraged all community organizations to submit applications; and
WHEREAS, the Parks and Recreation Commission reviewed all applications and recommends approval and funding for nine programs and projects that support the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the 2022-23 Civic Enhancement Grant awards as recommended by the Parks and Recreation Commission attached as Exhibit 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 28 h day of
February, 2023, by the following vote:
AYES:
ABSENT:
ABSTAIN:
NOES:
____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT A
2022-23 Civic Enhancement Grants Awards Recommended by the Parks and Recreation Commission
Name of
Applicant
Amount
Requested
Amount
Recommended Project Summary
Be Exceptional $10,000 $10,000
To expand services in the
community by leasing their own
facility
Cancer Support
Community $2,500 $2,500 To help low-income communities
of color by providing free services
Delta Veterans
Group $6,500 $6,500 Veterans Memorial Banner
Program
Loaves and Fishes
of Contra Costa $5,000 $5,000
To provide food for families,
seniors, unhoused residents, and
veterans.
Love Never Fails $6,000 $6,000 To provide BIPOC Women
opportunities in the IT Field
The Drama
Factory $2,880
$2,880
To make theater and stagecraft
accessible to the community by
supporting production fees/ costs
Antioch Historical
Society $8,835 $8,835 To redesign and update signage at the Antioch Historical Museum
Contra Costa
Family Justice
Alliance
$5,000 $5,000
To provide resources and
education to over 200 families and
children
Antioch Rotary
Club $3,000 $3,000 For “Kings Conference” for
underserved male students
TOTAL $49,715 $49,715
I
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular City Council Meeting of February 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Rosanna Bayon Moore, Assistant City Manager RBM
SUBJECT: Resolution Terminating the Declaration of a Local Emergency Concerning the Novel Coronavirus Disease 2019 (“COVID-19”)
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution terminating the declaration of a local emergency concerning the Novel Coronavirus Disease 2019 (“COVID-19”).
FISCAL IMPACT
The fiscal impact of ending the declaration of local emergency is unclear at this time.
Should the City experience future costs associated with mitigating COVID impacts, it is unlikely grant funding would be availabl e to offset such costs with no local or State emergency in effect. The General Fund would be responsible for any financial costs.
DISCUSSION
On January 30, 2020, the International Health Regulations Emergency Committ ee of the World Health Organization declare d the C orona outbreak a “public health emergency of international concern. On March 4, 2020, the Governor of California proclaimed a state of emergency in California as a result of the threat of the Coronavirus. On March 10, 2020, Contra Costa Count y proclaimed a local emergency caused by the introduction of Coronavirus and its contribution to the shortage of essential health care s upplies. On March 13, 2020, the President of the United States declared a national emergency due to the Coronavirus.
On March 16, 2020, pursuant to California Health and Safety Code sections 101040, 120175, an order of the Health Officer of the County of Contra Costa w as issued and directed all individuals living in the County to shelter at their place of residence, prohibiting all non- essential gatherings of any number of i ndividuals, and ordering cessation of all non-essential travel.
On March 17, 2020, the City Manager in his capacity of Director of Emergency Services proclaimed a local emergency con cerning COVI D-19. The A ntioch City Co uncil subsequently ratified said ac tion on March 24, 2020 by ad option of City Council Resolution No. 2020/38.
Antioch City Council Report
February 28, 2023 Agenda Item I 2
On October 17, 2022, California Governor Gavin Newson announced that the COVID - 19 State of Emergency will end on February 28, 2023. Consistent with statewide action, on February 7, 2023, t he Board of Supervisors took action to terminate the local emergency throughout Contra Costa County effective February 28, 2023.
The proposed resolution attached to this staff report requests that the City Council take action to terminate the local declaration of emergency consistent with the actions of the State of California and Contra Costa County.
ATTACHMENTS
A. Resolution
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
TERMINATING THE DECLARATION OF A LOCAL EMERGENCY CONCERNING THE NOVEL CORONAVIRUS DISEASE 2019 (“COVID-19”)
WHEREAS, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the Coronavirus outbreak a “public health emergency of international concern;”
WHEREAS, on March 4, 2020, the Governor of California proclaimed a state of emergency in California (E xecutive Order N -25-20 and Executive Order N29- 20), as a result of the threat of the Coronavirus;
WHEREAS, on March 10, 2020, Contra Costa County proclaimed a local emergency caused by the introduction of Coronavirus and its contribution to the shortage of essential health care supplies;
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency due to the Coronavirus;
WHEREAS, on March 16, 2020, pursuant to California Health and Safety Code sections 101040, 120175, an or der of the Health Officer of the County of Contra Costa was issued directing all individuals living in the County to shelter at their place of residence, prohibiting all non- essential gatherings of any number of individuals, and ordering cessation of all non-essential travel;
WHEREAS, on March 17, 2020, pursuant to Section 4- 2.06(A)(1) of the Antioch Municipal Code, the Director of Emergency Services proclaimed a local emergency and on March 24, 2020, and the Antioch City Council subsequently took action to ratify the proclamation so that the local emergency can continue in force and effect; WHEREAS, on October 17, 2022, California Governor Gavin Newson announced that the COVID-19 State of Emergency will end on February 28, 2023; and WHEREAS, consistent with statewide action, the Board of Supervisors took action to terminate the local emergency throughout Contra Costa County effective February 28, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby terminates the declaration of a local emergency concerning COVID-19.
* * * * * * * * *
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 28th day of February, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE
CITY OF ANTIOCH
DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of February 28, 2023
Honorable Mayor and Members of the City Council
Julie Haas-Wajdowicz, Environmental Resource Coordinator � Tasha Johnson, Public Safely and Community Resources Director !) f Resolution in Support of Clean Mobility Options Program Voucher Application
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution supporting the initial concept to apply for a Clean Mobility Options Project Voucher in order to establish an Electric Vehicle Car Share program in Antioch.
FISCAL IMPACT
The Clean Mobility Options Program Voucher does not have a matching funds requirement. Staff time and the use of City property are the anticipated City costs.
DISCUSSION
The City Manager's office was approached by the with Richmond Community Foundation (RCF) in an effort to bring the electric vehicle car share program they launched in Richmond to Antioch. A brochure of the MioCar program for Richmond is included as Attachment B.
City Staff have been working with RCF to look into applying for a Clean Mobility Options' Mobility Program Voucher for funding. The Mobility Program Voucher Phase 1 application is due on March 1 st. At the time of submitting this staff report, the team is working on the initial concept development. The broad overview of the project will be to site an Electric Vehicle Car Share program in or near a low-income neighborhood. This would provide affordable, reliable access to an electric vehicle for our residents with limited access to a personal vehicle and the need to travel to a local appointment or other event where public transit _is not an option. RCF is working with the team at MioCar to develop the Phase 1 submittal. Some of the sites we are evaluating as potential locations is included as Attachment C.
J
Agenda Item #
Antioch City Council Report
February 28, 2023 Agenda Item J
ATTACHMENTS
A. Resolution
8. MioCar brochure
C. Possible locations
2 ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
ENDORSING THE CONCEPT FOR CLEAN MOBILITY OPTIONS PROGRAM
VOUCHER APPLICATION
WHEREAS, pursuant to Resolution No. 2009/57 dated June 23, 2009, the City of Antioch adopted Greenhouse Gas reduction targets by reducing overall carbon emissions by 25% (1990 levels) by 2020 and 80% reductions by 2050 as mandated by the Global Warming Solutions Act of 2006 AB-32;
WHEREAS, on May 12, 2020, City of Antioch adopted the Climate Action and Resilience Plan (CARP) outlining ways that we could reach our Greenhouse Gas reduction targets and aid our residents in becoming more resilient to climate changes; WHEREAS, the CARP sets goals to 'remove barriers to economic, political and social participation for vulnerable populations' and 'reduce the emissions impact of vehicle miles traveled through vehicle electrification;' and WHEREAS, providing access to affordable electric vehicles (EV) to low-income neighborhoods will move Antioch towards an equitable transition to clean transportation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch supports the concept of providing EV car share to our residents and applying for the opportunity to fund this effort through a Clean Mobility Options Program Voucher in partnership with Richmond Community Fund and MioCar.
* * * * * * * * *
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 28th day of February, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
ATTACHMENT C
Potential Locations
No. APN Street Acres Zoning Additional Notes
Name
1. 067-341-027 Claudia 1.69 R-20: High Density Vacant
Court Residential
2. 067-342-001 Fitzuren 0.54 C-2: Medium Low Vacant
Rd. Density Residential
3. 067-342-002 Fitzuren 0.7 C-2: Medium Low Vacant
Rd. Density Residential
4. 067-342-013 Fitzuren 0.539 C-2: Medium Low Vacant
Rd. Density Residential
5. 074-080-028 Delta Fair 0.494 R-35: High Density Vacant Blvd. Residential with
Emergency Shelter
Overlay
6. 074-080-029 Delta Fair 1.117 R-35: High Density Existing Billboard Blvd. Residential with Lease, Seasonal
Emergency Shelter Tenants, Parks
Overlay Revenue Stream
7. 066-107-010 SW Corner Photo DTSP: Downtown Existing paved of 3rd and below Specific Plan parking lot
I Street
Antioch City Council Report
February 28, 2023 Agenda Item #K 2
As the City continues to recruit for its vacancies, the Building Inspection Services Division must maintain the ability to provide ongoing building inspection services. Construction activity is very high in the City of Antioch and the demand for inspection services continues to increase.
The proposed extension will extend the contract to June 30, 2023 and will add $240,000 to the contract. The use of contract staff will be reduced as the budgeted positions are filled.
ATTACHMENTS
A. Resolution
Exhibit 1 – Scope of Work
B. Draft Contract
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING
THE SIXTH AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC. TO PROVIDE BUILDING INSPECTION AND TECHNICIAN STAFFING
FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO THE AGREEMENT
WHEREAS, the Community Development Department has current vacanc ies in the Community Development Technician and Building Inspector classifications;
WHEREAS, the Building Inspection Services Division continues to experience extremely high demands for building permits which require significant numbers of inspections;
WHEREAS, the Building Inspection and supportive t echnician positions are essential to the operation of the Community Development Department;
WHEREAS, 4Leaf, Inc. has been providing a contract Permit Technician to provide the services of a Community Development Technician and two Building Inspectors under an existing Professional Services Agreement that have each acquired unique and specific skills related to the operation of the City of Antioch Building Inspection Services Division; and
WHEREAS, continued contract support for the Building Inspection Services Division is now requested to sustain business operations and reduce the potential for City business interruptions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves a sixth amendment to the agreement with 4Leaf, Inc., in substantially the form attached as Exhibit 1, to provide continued contract services at the Community Development Technician, Building Inspector, and Building Inspection Services Manager levels through June 30, 2023 in an amount of $240,000 for an amount not to exceed $1,140,000, and
2. Authorizes the City Manager to execute the Sixth Amendment to the Agreement in a form approved by the City Attorney.
* * * * * * *
ATTACHMENT A
A1
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 28 th day of February, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
A3
A4
A5
A6
A7
SIXTH AMENDMENT TO AGREEMENT
FOR CONSULTANT SERVICES BETWEEN THE CITY OF ANTIOCH AND 4 LEAF, INC.
THIS FIXTH AMENDMENT TO THE AGREEMENT FOR CONTRACT
BUILDING INSPECTION SERVICE is entered into this ____ day of _____________ by and between the CITY OF ANTIOCH, a municipal corporation ( “City”) and 4LEAF, INC their address is 2126 Rheem Drive, Pleasanton, CA 94588 (“Consultant”).
R E C I T A L S
WHEREAS, on April 22, 2021, City and Consultant entered into an Agreement for Professional Consultant Services for Contract Building Inspection and Permit Technician Services (“Agreement”) in the amount of $50,000.00;
WHEREAS, on June 8, 2021, the City Council approved a First Amendment to provide contract services at the Community Development Technician and Building Inspection Services Manager level in the amount not to exceed $180,000.00;
WHEREAS, on December 14, 2021, the City Council approved a Second Amendment to provide contract services at t he Community Development Technician and Building Inspection Services Manager level in the amount not to exceed $200,000.00;
WHEREAS, on February 22, 2022 , the City Council approved a Third Amendment to provide contract services at the Community Development Technician and Building Inspection Services Manager level in the amount of $200,000.00 for an amount not to exceed $400,000.00;
WHEREAS, on March 22, 2022 , the City Council approved a Fourth Amendment providing an additional of $200,000.00 for contract services at the Community Development Technician and Building Inspection Services Manager level for a total amount not to exceed $600,000.00;
WHEREAS, on September 13, 2022, the City Council approved a Fifth Amendment providing an additional of $300,000.00 for contract services at the Community Development Technician and Building Inspection Services Manager level for a total amount not to exceed $900,000.00; and
WHEREAS, on February 28, 2023, the City Council approved a Sixth Amendment providing an additional of $240,000.00 for contract services at the Community Development Technician and Building Inspector level for a total amount not to exceed $1,140,000.00.
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. Section 1 “SERVICES” the first paragraph shall be amended to read as follows:
“Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish all technical and professional services including labor, material s, equipment,
ATTACHMENT B
B1
transportation, supervision, and expertise to provide to City the services described in the Scope of Work attached as Exhibit A to the Agreement, Exhibit A to Amendment No. 1 of the Agreement, Exhibit A to Amendment No. 2, Exhibit A to Amendment No. 3, Exhibit A to Amendment No. 4, Exhibit A to Amendment No. 5 and Exhibit A to Amendment No. 6 of the Agreement at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement, the Exhibits, the most recent Amendment, then the most recent Amendment shall prevail.”
2. 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 June 30, 2023, and Consultant shall complete the work described in Exhibit A to Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, and Amendment No. 6 prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8 of the Agreement. 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 of the Agreement.”
3. Section 2 “COMPENSATION” the first sentence shall be amended to read as follows:
“City hereby agrees to pay Consultant a total up to, but not to exceed One Million One Hundred Forty Thousand dollars ($1,140,000.00), notwithstanding any contra ry indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.”
All other terms and conditions of the Agreement shall remain in full force and effect.
CITY OF ANTIOCH: 4LEAF, INC.
By: By:
Cornelius H. Johnson Kevin Duggan, President
City Manager
ATTEST:
Elizabeth Householder, City Clerk
APPROVED AS TO FORM:
Thomas Lloyd Smith
City Attorney
B2
4 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 28, 2023
TO: Honorable Mayor and Members of the City Council
PREPARED BY: Teri House, CDBG/Housing Consultant
REVIEWED BY: Scott Buenting, Interim Public Works Director/City Engineer
SUBMITTED BY: Tasha Johnson, Public Services and Community Resources Director TJ
SUBJECT: Substantial Amendment to the FY 2022- 23 Action Plan/2020- 25 Consolidated Plan to Dissolve Revolving Loan Fund and Reprogram Funding to High Priority Goal # CD -7 Goal: Infrastructure and Accessibility, Strategy CD- 7.1 City Downtown Street and Accessibility Project , and Amendment to the Construction Agreement with Redgwick Construction Co. for the Community Development Block Grant Downtown Roadway Pavement
Rehabilitation, Phase 9 Project; (P.W. 678-9)
RECOMMENDED ACTION
It is recommended that the City Council adopt resolutions:
1. Approving the substantial amendment to the Fiscal Year (FY) 2022-23 Action Plan and 2020-25 Contra Costa Consortium Consolidated Plan for the City of Antioch a. Determining that it is appropriate to submit the revised City of Antioch FY 2022-23 Action Plan to the U.S. Department of Housing and Urban Development (HUD), outlining the Substantial Amendment to the City’s expenditure of CDBG funds in support of HUD’s national obj ectives, which includes (1) dissolution of the Housing Revolving Loan Fund, (2) cancellation of the CDBG project allocation to the Antioch Home Ownership Program, and (3) reallocation of $550,000 in former Revolving Loan Fund monies to the City Downtown Street and Accessibility Project; and b. Identifying the City Manager, or designee, (1) shall be the City representative to submit the Substantial Amendment to the FY 2022- 2023 Action Plan and all understandings and assurances contained therein, (2) is hereby directed and authorized to disburse funds and exec ute all Antioch City Council Report
February 28, 2023 Agenda Item #4 2
attendant documents and agreements consistent with the City Council’s designation and approval of the programs, activities and projects as designated in the Amended City of Antioch FY 2022-23 Action Plan, and (3) shall act in connection with the su bmission and provide such additional information as may be required.
2. Amending the FY 2022- 23 Capital Improvements and Operating Budget s to include an amendment to increase the construction agreement with Redgwick Construction Co. for the CDBG Downtown Roadway Pavement Rehabilitation, Phase 9 Project P. W. 678-9
a. Increasing the FY 2022/2023 Capital Improvement and Operating Budgets in the amount of $550,000 for the Project from the Community Development Block Grant Fund for a total project budget of $1,483,000; b. Increasing the construction agreement with Redgwick Construction Co. for the Project by $550,000 for a total agreement amount of $1,235,000; and c. Authorizing and directing the City Manager to execute the amendment in a form approved by the City Attorney.
FISCAL IMPACT
Adopting the resolutions above will have the following impacts:
1. Approving the substantial amendment has no fiscal impact to the General Fund and does not change the amount of funding available in the CDBG program.
2. Closing the RLF and changing the use of the funds to Infrastructure shifts funding from a project that cannot utilize the funding to another high priority project in the adopted FY 2022- 23 CDBG Action Plan that can immediately utilize additional funds.
3. Adoption of the construction contract amendment resolution will increase funding by $550,000 from the Community Development Block Grant Fund for a total project budget of $1,485,988 for engineering, inspections, contract administration and construction of the Community Development Block Grant Downtown Roadway Pavement Rehabilitation, Phase 9 Project (“Project”), in lower income block groups near the Delta which experienced recent flooding.
4. These actions amend the City’s Capital Improvement and Operating Budgets in the amounts approved by the above resolutions.
DISCUSSION
Substantial Amendment
The City of Antioch is an entitlement community under the Federal Community Development Block Grant ( CDBG) program which is administered by the U.S.
Department of Housing and Urban Development (HUD). CDBG funds are expended for Antioch City Council Report
February 28, 2023 Agenda Item #4 3
housing, community and economic development projects and public service programs that serve primarily lower income Antioch residents and lower income areas.
The City has kept a Housing Revolving Loan fund (RLF) to deposit payments and payoffs from housing rehabilitation and first-time homebuyer loans that were funded by the CDBG program. This Housing RLF restricts deposited funds to similar housing programs. In the past several years, when interest rates were at record lows, the fund almost doubled due to residents refinancing and paying off the City loans, or sale of homes which triggered payoff. The fund has grown to $699,727.92.
During the same period, CDBG -funded housing programs slowed or were halted for extended periods due to the COVID pandemic, supply chain issues, cost of lumber, and shortage of skilled laborers. Additionally, the City has moved away from using CDBG for housing programs, as it has a balance of Housing Successor funds it must also expend for low/mod income housing program, and these funds are more flexible than federal funding. It also has received Permanent Local Housing Allocation (PLHA) funds which can be programmed for this purpose.
In the FY 2022-23 Action Plan, the City approved funding in the amount of $553,000 from the RLF for the Antioch Home Ownership Program funding for $553,000, as well as $500,000 from the Housing Successor. The RLF funds are not needed for this purpose, and there are sufficient Housing Successor funds to meet the projected need.
Reprogramming RLF Funds
The growing RLF has the potential to cause the City to be in violation of HUD’s standards for timeliness. HUD regulations at 24 CFR 570.902 require that a CDBG Entitlement grantee must have a balance no greater than one and one-half (1.5) times its annual grant remaining in the Line of Credit, 60 days prior to the end of the program year, which is May 1st. Having an amount greater than this violates the standard for "timely performance" and HUD has a longstanding policy of reducing the next year's grant allocation of a grantee that continues to be untimely. For many years , HUD did not include the RLF amounts in the timeliness calculation. However, that changed several years ago and the RLF now counts against the amount that the jurisdiction has on hand.
The City’s annual allocation for FY 2022- 23 is $866,250, and 1.5 times this allocation is $1,299,375. The City’s current balance is $1,984,656. The City must expend $685,281 in regular CDBG entitlement funds and RLF by April 30
th to meet the test for timely
performance. Without dissolving the RLF and reprogramming the fundin g, this may not be possible.
These former RLF funds can only be used for Housing, Infrastructure, and Economic Development. The funding cannot be utilized to increase Public Services, as HUD caps the expenditure of any source of CDBG funding to 15% of the grant amount plus 15% of the prior year program income. The City is on target to expend all funds in the Public Services category and is prohibited from spending over the 15% cap.
Antioch City Council Report
February 28, 2023 Agenda Item #4 4
In addition, in order to expend some of these funds by May 1, the funds must be allocated to an existing project by means of a Substantial Amendment to the Action Plan/Consolidated Plan. Fortunately, the City’s Downtown Street and Accessibility Project is now underway after two years of accumulating enough funding to obtain com petitive bids for street work. The 2021- 22 allocation was $476,988 and the 2022- 23 allocation was $459,000, for a total of $936,988. The addition of $550,000 in RLF would bring the total to $1,485,988 for the current roadway project, for which there is significant need for funding.
Reprogramming the funding to the Downtown Roadway Project will accomplish t hese goals:
1) Best enable the city to meet the CDBG Timeliness Test on April 30, 2023; 2) Eliminate a restricted and currently stagnant pool of funds that will imperil future funding if the City fails to meet the timeliness test;
3) Increase the speed at which the City can accomplish infrastructure improvements to provide better streets, curb cuts for disability access, and improved drainage for residents living in lower income census tracts and block groups; and 4) Address identified deficiencies in streets and storm drains that were made even more evident during recent rains and flooding near the Delta to increase community resiliency in lower income areas.
Amending Construction Contract
On September 13, 2022, City Council awarded a contract in the amount of $ 685,000 to Redgwick Construction Co. for removal and replacement of the asphalt concrete over the full width of West Eighth Street from ‘A’ to ‘ D’ Streets. Portions of the roadway on West Eighth Street at the ‘B’ and ‘C’ Street intersections will be fully reconstructed. Eight new curb ramps will be installed. Deteriorating, damaged and uneven concrete curb, gutter, sidewalk and driveway approaches adjacent to the roadways will be replaced and various storm drainage improvements will be performed.
• Staff is recommending an amendment to the agreement with Redgwick Construction Co. to include additional pedestrian access enhancements, roadway rehabilitation, replacement of d eteriorating, damaged and uneven concrete and various storm drainage improvements. This work may be performed on ‘H’ Street from 4
th Street to 6th Street, 5th Street from ‘G’ Street to ‘J’ Street, and 6 th Street from ‘G’ to ‘H’ Street.
ATTACHMENTS
A. Exhibit 1 – Resolution of the City Council of the City of Antioch adopting the Substantial Amendment to the 2022- 23 Action Plan and the 2020 -25 Contra Costa Consortium Consolidated Plan for the City of Antioch.
B. Exhibit 2 - Resolution of the City Council of the City of Antioch amending the fiscal year 2022/23 C apital Improvements and Operating budget s, approving an amendment to increase the construction agreement with Redgwick Construction Co.
Antioch City Council Report
February 28, 2023 Agenda Item #4 5
and authorizing the C ity Manager to execute the amendmen t for the C ommunity Development Block Grant Downtown Roadway Pavement Rehabilitation, Phase 9 project P.W. 678-9.
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADOPTING THE SUBSTANTIAL AMENDMENT TO THE 2022-23 ACTION PLAN AND 2020-25
CONTRA COSTA CONSORTIUM CONSOLIDATED PLAN FOR THE CITY OF
ANTIOCH
WHEREAS, the City of Antioch has been designated by the U.S . Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant Funds to help develop viable urban communities through the provision of decent housing, a suitable living environment, and economic opportunity for lower income residents;
WHEREAS, as a condition of funding, HUD requires that recipient jurisdictions prepare a five-year planning document or Consolidated Plan,
WHEREAS, members of the Contra Costa CDBG/HOME Consortium, including the cities of Antioch, Concord, Pittsburg, Walnut Creek, and the County as representative of the urban cities, have each adopted and submi tted to HUD the Contra Costa CDBG/HOME Consortium 2020/25 Consolidated Plan (Consolidated Plan), which details how funds will be expended to benefit eligible populations during the plan period;
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a one- year Action Plan as a subsidiary document to the Consolidated Plan, to indicate how funds will be expended to benefit eligible populations in each year of the five-year Consolidated Plan period;
WHEREAS, the City of Antioch has a Housing CDBG-RLF Revolving Loan Fund with a balance of $699,727.92 that is no longer needed for housing activities due to availability of other fund sources;
WHEREAS, the City’s current Consolidated Plan has identified as a High Priority and annually funded the City Downtown Roadway street repair, curb cuts, and storm drain and catchment improvements in lower income census tracts near the Delta, which were worsened by recent storms and flooding;
WHEREAS, the City wishes to utilize stagnant CDBG -RLF funds to increase funding for the Downtown Roadway project, currently under construction and has determined that the expenditure of these funds will have the cumulative effect of advancing the Consolidated Plan objectives in the short and long-term.
WHEREAS, HUD requires recipient jurisdictions to follow the jurisdiction’s Citizen Participation Plan which defines the conditions that warrant a Substantial Amendment to the plans and requires notifying the public of changes in the allocation of funding and
ATTACHMENT A
solicit public comment for a minimum of 30 days prior to Council consideration of the action;
WHEREAS, on January 27, 2023 the City advertised its intention to substantially amend the 2022-23 Action Plan/2020-25 Consolidated Plan to dissolve the Housing RLF and its allocation to the Antioch Home Ownership Program, and direct $550,000 in funding to the City Downtown Street and Accessibility Project, and solicited public comments for a minimum of 30 days prior to the action;
WHEREAS, no public comment was received on this matter before the Council meeting on February 28, 2023;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES RESOLVE AS FOLLOWS:
• The City hereby determines that it is appropriate to submit the revised City of Antioch FY 202 2-23 Action Plan to the U.S. Department of Housing and Urban Development (HUD), outlining the Substantial Amendment to the City’s expenditure of CDBG funds in support of HUD’s national objectives, which includes (1) dissolution of the Housing Revolving Loan Fund, (2) cancellation of the CDBG project allocation to the Antioch Home Ownership Program, and (3) reallocation of $550,000 in former Revolving Loan Fund monies to the City Downtown Street and Accessibility Project;
• The City Manager, or designee, (1) shall be the City representative to submit the Substantial Amendment to the FY 2022-2023 Action Plan and all understandings and assurances contained therein, (2) is hereby direct ed and authorized to disburse funds and execute all attendant documents and agreements consistent with the City Council’s designation and approval of the programs, activities and projects as designated in the Amended City of Antioch FY 202 2-23 Action Plan, and (3) shall act in connection with t he submission and provide such additional information as may be required.
* * * * * * *
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 2 8 th day of
February 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ATTACHMENT A
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AMENDING THE FISCAL YEAR 2022/23 CAPITAL IMPROVEMENTS AND
OPERATING BUDGETS, APPROVING AN AMENDMENT TO INCREASE THE CONSTRUCTION AGREEMENT WITH REDGWICK CONSTRUCTION CO. AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT DOWNTOWN ROADWAY
PAVEMENT REHABILITATION, PHASE 9 PROJECT P.W. 678-9
WHEREAS, on September 13, 2022 , City Council awarded a construction agreement in the amount of $685,000 to Redgwick Construction Co. for the Community Development Block Grant Downtown Roadway Pavement Rehabilitation, Phase 9 Project (“Project”);
WHEREAS, on February 28, 2023 the City Council has considered an amendment increasing the fiscal year 2022/23 Capital Improvement Budget in the amount of $550,000 for the Project from the Community Development Block Grant Fund for a total project budget of $1,483,000; and
WHEREAS, on February 28, 2023 the City Council has considered approving an amendment to increase the construction agreement with Redgwick Construction Co. for the Project by $550,000 for a total agreement amount of $1,485,988.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves an amendment to increase the fiscal year 2022 /2023 Capital Improvement and Operating Budgets in the amount of $550,000 for the Project from the Community Development Block Grant Fund for a total project budget of $1,483,000;
2. Approves an amendment to increase the construction agreement with Redgwick Construction Co. for the Project by $550,000 for a total agreement amount of $1,235,000; and
3. Authorizes and directs the City Manager to execute the amendment in a form approved by the City Attorney.
* * * * * * *
ATTACHMENT B
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 28 th day of February 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
5 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Brad Helfenberger, Parks and Recreation Director
SUBJECT: Resolution Approving an Amendment to the 2022/23 Fiscal Year Budget to Include Expenditures for the July 4, 2023 Celebration in the Amount of $110,000
RECOMMENDED ACTION
It is recommended that the City Council adopt the attached resolution approving an amendment to the 2022/23 fiscal year budget to include expenditures for the July 4, 2023 Celebration in the amount of $110,000.
FISCAL IMPACT
The proposed action will increase the General Fund budget in the amount of $110,000.
DISCUSSION
The annual July 4th Celebration has been Antioch’s signature event for many years. Since 2012, the Celebrate Antioch Foundation has led the effort on planning and executing the event with City support, both from in-kind staff as well as direct financial support. Prior to 2021, the City was contributing funds to Celebrate Antioch via the Civic Enhancement Grant Program. In 2022, the City entered into a Memorandum of Understanding with Celebrate Antioch, which included $145,000 in direct funding for the provision of the Sesquicentennial Event Series. These events culminated with the July 4th Celebration on July 4, 2022 and the majority of the funding provided was for that event.
In January 2023, Celebrate Antioch Foundation notified the City that it does not intend to continue leading the July 4th event. In order for the event to continue to enjoy a high level of success and quality, City staff proposes to take the lead role and is currently working on planning the event.
Staff have assembled a budget based on features that were included in the event since it was relocated to the downtown area in 2021. The breakdown detailed below includes anticipated direct costs for the event. Staff time is already included in the existing budget and will not be affected by this action.
Antioch City Council Report
February 28, 2023 Agenda Item #5 2
Item Description Proposed Cost
Fireworks $35,000
Barge to launch Fireworks $10,000
Security $15,000
Entertainment $15,000
Sound System $10,000
Kids Zone (Rides and Bounce Houses) $10,000
Electric Cart Rental $2,500
Marketing $2,500
Misc (including but not limited to) $10,000
Decorations
Permit Fees
Giveaways
Chair/ Canopy Rental
Other logistical supplies
Total $110,000
Staff is also proposing to launch a sponsorship program for City events that aims to defray the costs. However, the amount of funding that can be generated from such a program is not known at this time.
ATTACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AN AMMENDMENT TO THE 2022/23 FISCAL YEAR BUDGET FOR THE JULY 4, 2023 EVENT IN THE AMOUNT OF $110,000.
WHEREAS, the July 4 th Celebration has been Antioch’s signature special event for many years;
WHEREAS, the Celebrate Antioch Foundation led the effort with City Support from 2012-2022, but has informed the City that they do not intend to do so in 2023; WHEREAS, the City of Antioch desires to continue to have a high quality July 4 th celebration; and
WHEREAS, City funding is needed to continue holding this event successfully.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves an amendment to the fiscal year 2022/23 General Fund budget for the July 4, 2023 event in the amount of $110,000.
* * * * * * * * *
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 28th day of February 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 28, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Consideration of Whether to Provide Teleconference Meeting Accommodations for Brown Act Meetings of the City Council and City Boards, Commissions and Committees
RECOMMENDED ACTION
It is recommended that the City Council:
1) Make a motion to implement teleconference meeting accommodations , as permitted by AB 2449 , for Brown Act m eetings of the City Council and City boards, commissions, and committees; or
2) Make a motion to conduct meetings of the City Council and City boards, commissions, and committees in person and without teleconferencing.
FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.
DISCUSSION
On September 13, 2022, Governor Newsom signed AB 2449 into law, with an effective date of January 1, 2023. In addition to changes to rules for virtual attendance of public meetings under the Ralph M. Brown Act (Brown Act), AB 2449 also imposed a mandate on local legislative bodies within California to adopt proced ures for receiving and swiftly resolving requests for reasonable accommodations for individuals with disabilities, consistent with federal law.
AB 2449 Teleconferencing Requirements
Assembly Bill 2449 (“AB 2449”), effective as of January 1, 2023, permits a non -majority number of legislative body members to utilize teleconferencing participation for meetings without complying to the traditional Brown Act requirements. To use the teleconferencing rules established under AB 2449, a public agency must comply with the following meeting requirements:
1) A quorum of the members of the agency’s legislative body must participate in person from a singular physical location identified on the agenda; Antioch City Council Report
February 28, 2023 Agenda Item #6 2
2) The legislative body must provide either (i) a two-way audiovisual platform, such as Zoom, which allows the meeting to be viewed and heard from a remote location, or (ii) a two-way telephonic service and a live webcasting of the meeting, this requirement may be satisfied with any combination of platforms that allows the meeting to be viewed and heard from a remote location;
3) The agenda must give notice of the means by which members of the public may access the meeting and offer public comment; and
4) The meeting must be paused (and no action may be taken), if the broadcasting platform, either audio or visual, is interrupted.
If a member of a legislative body wishes to participate remotely under the new procedures, all of the following requirements, (1) through (4), below, must apply:
1) The request to remotely participate must be on the basis of a circumstance that qualifies as a “just cause” or “emergency” circumstance within the meaning of AB 2449:
(i) Just Cause Circumstance: At the earliest opportunity possible (including at the start of a regular meeting), t he requesting member must notify the legislative body that he/she has a “just cause” reason for participating remotely. The request must generally describe the specific circumstances that prevent in person participation. Under AB 2449, “just cause” is specifically defined to mean any of the following circumstances:
a. A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely;
b. A contagious illness that prev ents a member from attending in person;
c. A need related to certain statutorily defined forms of physical or mental disability; or
d. Travel while on official business of the public agency or for another state or local agency.
Under AB 2449, members are limited to a maximum of two (2) times per calendar year to invoke the “just cause” exception to in -person participation.
(ii) Emergency Circumstance: An “emergency circumstance” is defined to mean a “physical or family medical emergency that prevents a member from attending a meeting in person.” To invoke the “emergency circumstance” exception, the requesting member, as soon as possible, Antioch City Council Report
February 28, 2023 Agenda Item #6 3
must request that the legislative body allow him/her to participate remotely due to some specified “emergency circums tance.” In turn, the member’s legislative body must take action to approve the request at the earliest opportunity. The legislative body shall also request a general description (not exceeding 20 words) that describes the circumstances relating to the requesting members “emergency.” The requesting member is not, however, required to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. The member must also make a separate request for e ach meeting in which he/she seeks to participate remotely under the “emergency” exception.
Participation via teleconference under the “emergency circumstance” exception does not count toward the two-meeting limitation applicable to the “just cause” exception.
2) The member must publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.
3) The member must participate through both audio and visual technology.
4) A member’s remote participation may not exceed (i) three consecutive months, or (ii) 20% of a legislative body’s regular meetings within a single calendar year. Also, if the legislative body regularly meets fewer than 10 times per calendar year, a member’s participation from a remote location cannot be for more than two meetings total.
ATTACHMENTS
A. Assembly Bill No 2449
Assembly Bill No. 2449
CHAPTER 285
An act to amend, repeal, and add Sections 54953 and 54954.2 of the Government Code, relating to local government.
[Approved by Governor September 13, 2022. Filed with
Secretary of State September 13, 2022.]
legislative counsel’s digest
AB 2449, Blanca Rubio. Open meetings: local agencies: teleconferences.
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act generally requires posting an agenda at least 72 hours before a regular meeting that contains a brief general description of each item of business to be transacted or discussed at the meeting, and prohibits any action or discussion from being undertaken on any item not appearing on the posted agenda. The act authorizes a legislative body to take action on items of business not appearing on the posted agenda under specified conditions. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.
Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health.
This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. Under this exception, 92 ATTACHMENT A
the bill would authorize a member to participate remotely under specified circumstances, including participating remotely for just cause or due to emergency circumstances. The emergency circumstances basis for remote participation w ould be contingent on a request to, and action by , the legislative body , as prescribed. The bill, until January 1, 2026, w ould authorize a legislative body to consider and tak e action on a request from a member to participate in a meeting remotely due to emer gency circumstances if the request does not allo w sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The bill would define terms for purposes of these teleconferencing provisions.
This bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill w ould require the le gislative body to implement a procedure for recei ving and swiftly resolving requests for reasonable accommodation for indi viduals with disabilities, consistent with federal law.
Existing constitutional pro visions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The people of the State of California do enact as follows:
SECTION 1. Section 54953 of the Government Code, as amended by Section 3 of Chapter 165 of the Statutes of 2021, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agenc y, except as otherwise pro vided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
92 — 2 — Ch. 285
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the le gislative body of a local agenc y shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agenc y exercises jurisdiction, except as provided in subdivisions (d) and (e).
(c) (1) No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or recei ved in the process of de veloping the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. 92 Ch. 285 — 3 —
(2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdi vision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials ha ve imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority v ote, whether as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdi vision shall do all of the following:
(A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(B) In the event of a disruption that pre vents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the e vent of a disruption within the local agency’s control that pre vents members of the public from of fering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items 92 — 4 — Ch. 285
during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(C) The le gislative body shall not require public comments to be submitted in advance of the meeting and must pro vide an opportunity for the public to address the legislative body and offer comment in real time. (D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local le gislative body, that requires registration to log in to a teleconference may be required to re gister as required by the third-party internet website or online platform to participate. (E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to re gister, pursuant to subparagraph (F), to pro vide public comment until that timed public comment period has elapsed.
(ii) A legislative body that does not pro vide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to re gister pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that pro vides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to re gister, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the le gislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
(4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdi vision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular ph ysical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency 92 Ch. 285 — 5 —
exercises jurisdiction and the le gislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observ e the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. (C) The agenda shall identify and include an opportunity for all persons to attend and address the le gislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D) In the event of a disruption that pre vents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the e vent of a disruption within the local agency’s control that pre vents members of the public from of fering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The le gislative body shall not require public comments to be submitted in advance of the meeting and must pro vide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local le gislative body, that requires registration to log in to a teleconference may be required to re gister as required by the third-party internet website or online platform to participate. (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdi vision, if all of the follo wing requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the le gislative body at the earliest opportunity possible, including at the start of a re gular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting.
The pro visions of this clause shall not be used by an y member of the legislative body for more than two meetings per calendar year. (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear 92 — 6 — Ch. 285
remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of P art 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely. (II) The le gislative body may tak e action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the le gislative body may tak e action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals. (C) The member shall participate through both audio and visual technology.
(3) The provisions of this subdivision shall not serve as a means for any member of a le gislative body to participate in meetings of the le gislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agenc y within a calendar year , or more than tw o meetings if the legislative body regularly meets fewer than 10 times per calendar year. (g) The le gislative body shall ha ve and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving an y doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (i) (1) Nothing in this section shall prohibit a le gislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (j) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a ph ysical or f amily medical emergency that prevents a member from attending in person. (2) “Just cause” means any of the following:
92 Ch. 285 — 7 —
(A) A childcare or care giving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g). (D) Travel while on official b usiness of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting.
Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than an y ph ysical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5) “State of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emer gency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (6) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
(7) “Two-way audio visual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (8) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(9) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
SEC. 2. Section 54953 of the Government Code, as added by Section 4 of Chapter 165 of the Statutes of 2021, is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agenc y, except as otherwise pro vided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding 92 — 8 — Ch. 285
shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the le gislative body of a local agenc y shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agenc y exercises jurisdiction, except as provided in subdivision (d).
(c) (1) No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or recei ved in the process of de veloping the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows 92 Ch. 285 — 9 —
any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdi vision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular ph ysical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the le gislative body complies with all of the following:
(A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observ e the meeting, and remotely address the legislative body:
(i) A two-way audiovisual platform.
(ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. (C) The agenda shall identify and include an opportunity for all persons to attend and address the le gislative body directly pursuant to Section 54954.3 via a call-in option, via an internet-based service option, and at the in-person location of the meeting.
(D) In the event of a disruption that pre vents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the e vent of a disruption within the local agency’s control that pre vents members of the public from of fering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items 92 — 10 — Ch. 285
during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The le gislative body shall not require public comments to be submitted in advance of the meeting and must pro vide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local le gislative body, that requires registration to log in to a teleconference may be required to re gister as required by the third-party internet website or online platform to participate. (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdi vision, if all of the follo wing requirements are met:
(A) One of the following circumstances applies:
(i) The member notifies the le gislative body at the earliest opportunity possible, including at the start of a re gular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting.
The pro visions of this clause shall not be used by an y member of the legislative body for more than two meetings per calendar year. (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of P art 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply:
(I) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely. (II) The le gislative body may tak e action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the le gislative body may tak e action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2.
(B) The member shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals. (C) The member shall participate through both audio and visual technology.
92 Ch. 285 — 11 —
(3) The provisions of this subdivision shall not serve as a means for any member of a le gislative body to participate in meetings of the le gislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agenc y within a calendar year , or more than tw o meetings if the legislative body regularly meets fewer than 10 times per calendar year. (f) The le gislative body shall ha ve and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving an y doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation.
(g) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. (h) (1) Nothing in this section shall prohibit a le gislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (i) For the purposes of this section, the following definitions shall apply:
(1) “Emergency circumstances” means a ph ysical or f amily medical emergency that prevents a member from attending in person. (2) “Just cause” means any of the following:
(A) A childcare or care giving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (f). (D) Travel while on official b usiness of the legislative body or another state or local agency.
(3) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (e), other than any physical meeting location designated in the notice of the meeting.
Remote locations need not be accessible to the public.
(4) “Remote participation” means participation in a meeting by teleconference at a location other than an y ph ysical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation.
(5) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.
92 — 12 — Ch. 285
(6) “Two-way audio visual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (7) “Two-way telephonic service” means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate.
(8) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers.
(j) This section shall become operative January 1, 2024, shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 3. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agenc y, except as otherwise pro vided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivision (d). The agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.
Nothing in this section shall prohibit a local agenc y from pro viding the public with additional teleconference locations.
92 Ch. 285 — 13 —
(c) (1) No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2026.
SEC. 4. Section 54954.2 of the Government Code is amended to read:
54954.2. (a) (1) At least 72 hours before a re gular meeting, the legislative body of the local agenc y, or its designee, shall post an agenda containing a brief general description of each item of b usiness to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 w ords. The agenda shall specify the time and location of the 92 — 14 — Ch. 285
regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agenc y’s Internet Web site, if the local agency has one. If requested, the agenda shall be made a vailable in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and re gulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdi vision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. (B) An online posting of an agenda including, b ut not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of char ge and without an y restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city , county, city and county , special district, school district, or political subdi vision established by the state. The direct link to the integrated agenda management platform shall not be in a conte xtual menu. When a person clicks on the direct link to the inte grated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a le gislative body of a city , county, city and county , special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
92 Ch. 285 — 15 —
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdi vision established by the state shall be the first agenda a vailable at the top of the inte grated agenda management platform.
(iv) All agendas posted in the inte grated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city , county, city and county , special district, school district, or political subdi vision established by the state dedicated to pro viding the entirety of the agenda information for the legislative body of the city, county, city and county , special district, school district, or political subdi vision established by the state to the public.
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The pro visions of this paragraph shall not apply to a political subdivision of a local agenc y that was established by the le gislative body of the city , county , city and county , special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their o wn initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or mak e a brief report on his or her o wn activities. Furthermore, a member of a le gislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for f actual information, request staf f to report back to the body at a subsequent meeting concerning an y matter, or tak e action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under an y of the conditions stated belo w. Prior to discussing an y item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a tw o-thirds vote of the members of the legislative body present at the meeting, or , if less than tw o-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agenc y subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to 92 — 16 — Ch. 285
the date action is taken on the item, and at the prior meeting the item w as continued to the meeting at which action is being taken. (4) To consider action on a request from a member to participate in a meeting remotely due to emer gency circumstances, pursuant to Section 54953, if the request does not allo w sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made.
The legislative body may approve such a request by a majority vote of the legislative body.
(c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdi vision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a le gislative body that meets either of the follo wing standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the le gislative body are compensated for their appearance, and if one or more of the members of the le gislative body are also members of a le gislative body as that term is defined by subdi vision (a) of Section 54952.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 5. Section 54954.2 is added to the Government Code, to read:
54954.2. (a) (1) At least 72 hours before a re gular meeting, the legislative body of the local agenc y, or its designee, shall post an agenda containing a brief general description of each item of b usiness to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 w ords. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agenc y’s Internet Web site, if the local agency has one. If requested, the agenda shall be made a vailable in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and re gulations adopted in implementation thereof. The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting.
(2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site, the following provisions shall apply:
92 Ch. 285 — 17 —
(A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdi vision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. (B) An online posting of an agenda including, b ut not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of char ge and without an y restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city , county, city and county , special district, school district, or political subdi vision established by the state. The direct link to the integrated agenda management platform shall not be in a conte xtual menu. When a person clicks on the direct link to the inte grated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a le gislative body of a city , county, city and county , special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019.
(iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdi vision established by the state shall be the first agenda a vailable at the top of the inte grated agenda management platform.
(iv) All agendas posted in the inte grated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) For the purposes of this paragraph, both of the following definitions shall apply:
(i) “Integrated agenda management platform” means an Internet Web site of a city , county, city and county , special district, school district, or political subdi vision established by the state dedicated to pro viding the entirety of the agenda information for the legislative body of the city, county, city and county , special district, school district, or political subdi vision established by the state to the public.
92 — 18 — Ch. 285
(ii) “Legislative body” has the same meaning as that term is used in subdivision (a) of Section 54952.
(E) The pro visions of this paragraph shall not apply to a political subdivision of a local agenc y that was established by the le gislative body of the city , county , city and county , special district, school district, or political subdivision established by the state.
(3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their o wn initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or mak e a brief report on his or her o wn activities. Furthermore, a member of a le gislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for f actual information, request staf f to report back to the body at a subsequent meeting concerning an y matter, or tak e action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under an y of the conditions stated belo w. Prior to discussing an y item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a tw o-thirds vote of the members of the legislative body present at the meeting, or , if less than tw o-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agenc y subsequent to the agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item w as continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdi vision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s Internet Web site, if the local agency has one, shall only apply to a le gislative body that meets either of the follo wing standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the le gislative body are compensated for their appearance, and if one or more of the members of the le gislative body are 92 Ch. 285 — 19 —
also members of a le gislative body as that term is defined by subdi vision (a) of Section 54952.
(e) This section shall become operative January 1, 2026.
SEC. 6. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Go vernment Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely , including from the member’ s private home or hospital room, this act protects the personal, private information of public officials and their f amilies while preserving the public’s right to access information concerning the conduct of the people’s business.
SEC. 7. The Legislature finds and declares that Sections 1 and 2 of this act, which amend Section 54953 of the Go vernment Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act is necessary to ensure minimum standards for public participation and notice requirements allo wing for greater public participation in teleconference meetings.
O
92 — 20 — Ch. 285
Breakthrough
Grant Introduction
Antioch City Council
February 28, 2023
#2B
Breakthrough Grant
2 Defining home“What does home mean to you”
Introducing: Deborah Carney
4 Deborah CarneyResident Empowerment Program,Hope Solutions Antioch Resident
The stats
5 6,815 people are unhousedin our community1,063 were childrenunder 18 802 were seniors62+877 lost their homes in Antioch
In the midst of this crisis, how and why did this partnership come together….
Answering the call
7 URGENCYSYNERGY
MISSION ALIGNMENT
We are not doing this alone
8 ● Golden Hills
● St. Ignatius of Antioch
Catholic Church
● St. Anna Episcopal
● Interfaith Peace Project
● St. John’s Lutheran
● Wesleyan Church
● Most Holy Rosary
Catholic Church
● Islamic Center of East Bay
● Interfaith Council of
Contra Costa County
● First Family Church
Faith based
organizations
● ACCE
● ECCCA
● Catholic Charities
● St. Vincent DePaul
● St. John’s Lutheran
● Family Justice Center
● First Five Contra Costa
● EBHO
● Loaves and Fishes
Community based
organizations
● City of Antioch Police
● Contra Costa Fire
Protection District
● Antioch Unified
School District
Local government
entities
9 BREAKTHROUGH GRANT
Social, racial and economic equity + environmental justice Increase housing inventoryPolicy changesTrain and advocate local leadershipCommunity engagement Leverage unused faith owned landZoning ordinance reformResident empowerment program (REP)Unhoused Encourage ADUs for low income homeownersPermit fee reformFaith community partnership Listen, learn, and share stories Impact fees Reform
ResidentsCBOsFBOs
What we hope to accomplish
10 ADUs: Increase neighborhood stability + Economic Equity Learning and collaboration across the Partnership for the Bay’s Future network Increase city and CBO/FBO partnershipInformed by people with lived experienceSpur housing creation in innovative and cost-effective ways Encourage civic engagement
What we’ve done & where we’re going
11 Micro homes on faith-owned land
ADUsCommunity engagement
Our findings…
13 Finding #1The potential to leverage Antioch’s faith-owned land is very promising! 41sites
75acres
1000sof homes
14 Finding #1The potential to leverage Antioch’s faith-owned land is very promising! 41sites
75acres
1000sof homes
15 Finding #2Regulatory changesare needed.
Micro Homes on Faith-Owned Land Regulatory Recommended Changes 16 ●Permitted land uses and densities●Identifying applicable development standards●Permit and development impact fees●Utility connections (PG&E)
17 Finding #3Faith Institutions Need a Strong Team.
Faith Based Organizations Are Unique
18 ●Mission Alignment matters●Multi-level decision-making●Lack ofconstruction experience●Require financial support●Volunteerism isn’t enough –need professional supportive services
Next Steps -Microhomes
19 ●Allow residential use on faith-owned land●Establish development standards and entitlement pathway for microhomes●Publish white paperon barriers and learning●Provide technical assistance and cohort learning for interested FBOs●Hope Solutions: identify an actual site and complete affordable housing project on faith-owned land●Advocate for Senate Bill [SB] 4
Let’s talk ADUs
Our vision for ADUs
21 ●Pre-reviewed plans○Starting point and inspiration ○Time savings○Cost savings○Potential cross-jurisdiction collaboration●Targeted outreach to ADU stakeholders ●ADU pilot for low-income homeowner●Explore funding opportunities
Community engagement
Resident Empowerment Program
23 ●Individuals with Lived Experiences●Co-created Community Engagement Strategies●Facilitated listening sessions●Informing Housing DevelopmentEfforts
Community engagement stats
24 Consistency and commonalities Co-designed & co-facilitated with REPsPartnered with FBOs & CBOs listening sessionsDozens of communityconversationsOur findings7encountered people300+ surveys80+
Reactions To Microhomes
25 1Consistent overwhelming support for micro homes. 2Professional Supportive services coupled with volunteer support is key.3Differences: unhoused focused on the basics whereaswell-housed residents focussed on creature comforts 26 "Wouldn’t have to make impossible decisions that no one should have to make…choices between paying bills…and get(ting) groceries and fill your prescriptions.” ““It looks awesome. I would love to live there.”
“Something like this has the power to transform people's lives, especially with the wraparound services. People would be able to find and nurture their gifts." “Golden Hills Outreach CenterHot Meals ParticipantGolden Hills Congregant Reactions To Microhomes
Reactions to Affordable Housing on Faith Owned Land
27 ●Most participants were supportive and saw benefits to FBO involvement. ●FBOs can playa special role to create community + support residents. ●Most people wanted to understand tenant selection●Faith community has critical role to win community support.●Overwhelming preference toward not tying housing to church participation and prohibiting evangelizing. 28 1Reactions to Affordable Housing on Faith Owned Land“Our faith community is well-positioned to explain to people that this is right.” “““Hot Meals ParticipantFr. Robert, St. IgnatiusSt Ignatius #1 “Let's build a community within a community”
“The Church would help people stabilize instead of going back to the streets.” Reactions To ADUs
29 1Viewed as an opportunity for inter-generational living 2Curiosity about best practices to support homeowners becoming good landlords and property managers3Uncertainty about the building and permitting process 4Some fear of code enforcement and the implications of government involvement 30 1“What happens if in an ADU the homeowner and tenant have issues –how do you address these types of issues?" “““Hot Meals SessionHot Meals SessionHot Meals Session
“[I] would love to have an ADU on [my] parents' or grandparents' property.” “People renting ADUs should get coaching on how to act as landlords to protect themselves.” Reactions To ADUs
This is about transformation
31 For questions or concerns…Forrest Ebbs, [email protected] Rupp, [email protected] Tarkoff, [email protected] Vera, [email protected]/housingandfaith