Antioch City Council
April 11, 2023

ANNOTATED AGENDA
Antioch City Council

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

Date: Tuesday, April 11, 2023
Time: 5:00 P.M. Closed Session
5:30 P.M. Special Meeting/Study Session
7:00 P.M. Regular Meeting

Place: Council Chambers

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 the 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 Forrest B. Ebbs, Acting City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney ACCESSIBILITY: 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 can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].

ANTIOCH CITY COUNCIL -1- APRIL 11, 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 consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular before each Council Meeting. To be notified when the agenda packets ar simply click on this link: Notifications City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council City of Antioch, California (antiochca.gov) . 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 City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.

5:00 P.M. ROLL CALL
CLOSED SESSION for Council Members All Present

PUBLIC COMMENTS for Closed Session None

CLOSED SESSION:

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

Council authorized a severance payment and general release with John Samuelson, former Public Works Director/City Engineer, consisting of severance pay for $144,714.44 and settlement of claims for $100,000, for a total of $244,714.44,
3/2 (Torres-Walker, Thorpe)

2) CONFERENCE WITH REAL PROPERTY NEGOTIATONS pursuant to California Government Code section 54956.8; Property: East 18th Street and Wilson Street (APN 051-400-027), Antioch, CA; Agency Negotiation: City of Antioch Negotiators: Forrest Ebbs, Acting City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: City of Antioch and Contra Costa County Fire Protection District, Negotiator Fire Chief Lewis Broschard; Under Negotiation: Price and terms of payment.

Direction provided to Acting City Manager and City Attorney

5:01 P.M. ADJOURNED TO CLOSED SESSION

ANTIOCH CITY COUNCIL -2- APRIL 11, 2023

5:31 P.M. ROLL CALL SPECIAL MEETING/STUDY SESSION for Council Members All Present

PLEDGE OF ALLEGIANCE

STUDY SESSION

PUBLIC COMMENTS for Study Session Following the study session presentation, public comments on the study session agenda item will be taken.

SM-1. FISCAL YEAR 2023-25 BUDGET PRIORITIES
Direction provided to staff to provide scenarios for capping use of the Budget Stabilization Fund at $0, $3M and $4M Recommended Action: It is recommended that the City Council provide feedback and direction regarding the budget policies for the fiscal year 2023-25 budget.

6:04 P.M. MOTIONED TO ADJOURN SPECIAL MEETING/STUDY SESSION

7:02 P.M. ROLL CALL REGULAR MEETING for City /City Council Members acting as Housing Successor to the Antioch Development Agency All Present

PLEDGE OF ALLEGIANCE

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

1. INTRODUCTION OF NEW CITY EMPLOYEES

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

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.

7:55 P.M. RECESS
7:57 P.M. RECONVENED
All Present

PUBLIC COMMENTS (Continued) 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

ANTIOCH CITY COUNCIL -3- APRIL 11, 2023

MAYOR THORPE LED MOMENT OF SILENCE AND REFLECTION

2. PRESENTATION Antioch Police Department 2022 Annual Update presented by Police Chief Steven Ford

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 14, 2023 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

B. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR MARCH 17, 2023
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Special Meeting/Closed Session Minutes.

C. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 28, 2023 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

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

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

F. REJECTION OF CLAIM: VICTORIA COLLINS
Rejected, 5/0
Recommended Action: It is recommended that the City Council reject the claim submitted by Victoria Collins.

ANTIOCH CITY COUNCIL -4- APRIL 11, 2023

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

G. RESOLUTION APPROVING THE CLASS SPECIFICATION UPDATES FOR THE CONFIDENTIAL UNIT AND OPERATING ENGINEERS LOCAL UNION NO. 3

BARGAINING UNITS WITH NO SALARY CHANGES
Reso No. 2023/52 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution approving class specification updates to the Confidential and Operating Engineers Local Union No.3 Bargaining Units.

H. RESOLUTION AUTHORIZING AN INCREASE OF THE LOAN APPLICATION WITH THE

STATE WATER RESOURCES CONTROL BOARD FOR A DRINKING WATER STATE REVOLVING FUND LOAN UP TO $60,000,000 FOR THE BRACKISH WATER DESALINATION PROJECT (P.W. 694)
Reso No. 2023/53 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution authorizing the Acting City Manager to increase
s loan
application with the State Water Resources Control Board for a Drinking Water State Revolving Fund Loan by $5,000,000 for a total amount of $60,000,000 for the Brackish Water Desalination Project.

I. SECOND AMENDMENT TO THE HONEYWELL BUILDING SOLUTIONS AGREEMENT FOR HVAC MAINTENANCE SERVICES NO. 400984420 FOR EXTRA WORK TO HVAC

EQUIPMENT AT CITY FACILITIES
Reso No. 2023/54 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a second amendment to the agreement with
Honeywell International Inc. No. 400984420 to increase the remaining contract year amounts by $435,000 in year three (3) Fiscal Year 2022/23, $113,300 in year four (4) Fiscal Year 2023/24, and $152,300 in year five (5) Fiscal Year 2024/25 for a total amount of $700,600; and

2) Authorizing the Acting City Manager or designee to execute the second amendment to agreement No. 400984420 with
Honeywell International Inc. in a form approved by the City Attorney.

ANTIOCH CITY COUNCIL -5- APRIL 11, 2023

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

J. RESOLUTION AUTHORIZING TO PURCHASE UP TO THREE (3) 2024 NEW-TO-FLEET VEHICLES AND UP TO TWENTY (20) 2024 REPLACEMENT VEHICLES UTILIZING

COOPERATIVE PURCHASE AGREEMENTS
Reso No. 2023/55 adopted
Approving Options #1 and 2,
3/2 (Wilson, Thorpe)
Recommended Action: It is recommended that the City Council adopt the resolution authorizing the Acting City Manager to execute an agreement for the purchase of:

1) Three (3) 2024 new-to-fleet hybrid or electric vehicles and up to twenty (20) 2024 hybrid or electric vehicle replacement vehicles utilizing cooperative purchase agreements for an amount of $1,843,897.

OR

2) If hybrid and electric vehicles are not available for order this year, three (3) 2024 new-to-fleet gas-powered vehicles and up to twenty (20) 2024 gas-powered replacement vehicles utilizing cooperative purchase agreements for an amount of $1,843,897.

K. INCREASE TO THE PURCHASE ORDER WITH CHEMTRADE CHEMICALS US LLC, FOR

THE PURCHASE OF ALUMINUM SULFATE
Reso No. 2023/56 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving an increase of $207,570 with Chemtrade Chemicals US LLC for the purchase of aluminum sulfate. The total purchase order would increase from $192,430 to a total amount of $400,000.

L. INCREASE OF PURCHASE ORDER WITH CENTRALSQUARE FOR FINANCE

ENTERPRISE SOFTWARE UPGRADE
Reso No. 2023/57 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving an increase to the purchase order with CentralSquare for $65,000 for finance enterprise software upgrades and amending the fiscal year 2023 budget.

ANTIOCH CITY COUNCIL -6- APRIL 11, 2023

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

M. RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT DEED CONVEYING TO

THE CITY OF ANTIOCH PROPERTY LOCATED AT DELTA FAIR BOULEVARD -080-034-7
Reso No. 2023/58 adopted, 4/1 (Ogorchock)
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Authorizing the acceptance of a grant deed conveying property located at Delta Fair Boulevard (Assessor s Parcel Number 074-080-034-7) consisting of approximately 4.79 acres located along the southern line of Delta Fair Boulevard, immediately east of the Antioch City limit, in the City of Antioch; and

2) Authorizing the City Attorney to execute the Certificate of Acceptance for said property.

9:58 P.M. FIVE MINUTE RECESS
10:05 P.M. RECONVENED, ROLL CALL
All Present

COUNCIL REGULAR AGENDA

4. POLICE CRIME PREVENTION COMMISSION REVIEW OF PAST PURPOSE AND

FUTURE VALUE
Mayor Pro Tem Torres-Walker to work with Police Staff, Director of Public Safety and Community Resources, and PCPC Chair to define the purpose and structure of the commission
Recommended Action: It is recommended that the City Council discuss the future relevance of the Police Crime Prevention Commission.

5. CONSIDERATION OF A CHANGE TO THE CITY

ORGANIZATIONAL STRUCTURE BY TRANSFERRING, FROM THE CITY MANAGER TO

THE CITY COUNCIL, THE AUTHORITY TO APPOINT, SUPERVISE, AND REMOVE THE

CHIEF OF POLICE
Direction provided to staff to prepare the ordinance
(Barbanica, Ogorchock-Against)
Recommended Action: It is recommended that the City Council provide direction to staff regarding whether to prepare an ordinance changing the
from the City Manager to the City Council, the authority to appoint, supervise, and remove the Chief of Police.

ANTIOCH CITY COUNCIL -7- APRIL 11, 2023

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

Motioned to adjourn Regular Meeting at 11:07 p.m., 5/0

SM- 1
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Special Meeting of April 11, 2023
TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Forrest Ebbs, Acting City Manager
Dawn Merchant, Finance Director

SUBJECT: FY2023-25 Budget Priorities

RECOMMENDED ACTION
It is recommended that the City Council provide feedback and direction regarding the budget policies for the fiscal year 2023-25 budget.

FISCAL IMPACT
The fiscal impact of this budget is outlined in this report and attachments.

DISCUSSION
On March 28, 2023, the City Council held a Study Session to discuss the forthcoming budget for FY 2023-25. At that meeting, the City Council directed staff to return with a discussion on the City Council’s broader policies and goals, which would ultimately drive the content of the budget.

The annual budget is an expression of the priorities, goals and values of a City Council.

Through the budget process, specific programs are funded to realize these priorities, goals and values. The budget is a policy in itself and is the means to implement other policies of the City Council.

Priorities and Programs
A priority assigns a ranking to a program. The City Council may want to discuss the City’s various activities and services in terms of programs. A program can be a broader initiative or goal that crosses over multiple departments. For example, a “violence reduction” program would include activities of the Antioch Police Department and also the Public Safety and Community Resources Department. If this program was a high priority of the City Council, staff would recommend a budget with adequate funding for the particular areas of the affected departments.

This approach is different than considering department-specific requests. Many of the programs led by a single department are supported by the efforts of other departments.

Antioch City Council Report
April 11, 2023 Agenda Item #SM-1 2
By considering the broader program, adequate resources can be provided across departments to ensure that the corresponding services can be provided.

Examples of potential programs for discussion include:

Police Oversight: Oversight can help increase the public's understanding and ability to influence police department policies and procedures. Police oversight initiatives can help improve community relations by enhancing communication between the community and police department. Oversight can help develop public understanding of high-profile incidents and the actions being taken to resolve them.
o City Stakeholders: City Attorney’s Office, City Manager’s Office, and the Antioch Police Department
Tenant Protections and Affordable Housing – Efforts to implement recently adopted policies relative to the protection of tenant’s rights and the assurance that safe housing is ensured for all. Initiatives to promote and develop affordable housing. The Rent Program is charged with implementing and administering the RSO and is administered by the City Attorney’s Office. Tenants may file a Petition for Reduction of Rent with the City if they believe they are being charged more than the amount permitted by the RSO.
o City Stakeholders: City Attorney, Community Development (Code Enforcement/Rental Inspection, Planning), Public Safety and Community Resources.

Youth and Community Service Programs – These include recreation services, senior services, youth intervention services, apprenticeship programs, and similar. o City Stakeholders: Parks and Recreation, Antioch Police Department, Public Safety and Community Resources
Employment Generation and Economic Development – Efforts to promote the development of jobs, redevelopment of industrial corridors, and new development of employment-generating land uses.
o City Stakeholders: Economic Development Department, Community Development (Planning), Public Works (Engineering, Capital Projects).

Conversion of the City’s Fleet Vehicles to Zero Emissions Electric Vehicles and Hybrid Electric Vehicles -- Zero-emission electric vehicles (EVs) are considered clean fuel alternatives. Hybrid electric vehicle (HEVs) combine the benefits of high fuel economy and low tailpipe emissions with the power and range of conventional vehicles. Electric vehicles and hybrid vehicles are both less costly to operate and maintain than gas powered vehicles. Conversion to zero-emission vehicles will require renovations to fueling and maintenance areas of the vehicle Antioch City Council Report
April 11, 2023 Agenda Item #SM-1 3
maintenance complex, but these vehicles require a lower cost of maintenance per mile than gas-powered vehicles.
o City Stakeholders: Economic Development Department, City Attorney’s Office, Community Development, Public Works and the Police Department.

Staff Support, Recruitment and Retention – Efforts to attract, retain, and serve qualified staff to deliver City services. The City’s ability to realize priorities has been hindered by a lack of available staff in the Human Resources Department to keep up with continued demand for their services. This program would target growth in those internal service programs that build Citywide capacity across all Departments to deliver services.
o City Stakeholders: Human Resources, Finance, Antioch Police Department Community Safety – Efforts to reduce crime and improve compliance with codes and regulations.
o City Stakeholders: Antioch Police Department, Community Development (Code Enforcement), Public Safety and Community Resources (Violence Prevention)
Long Term Financial Stability – Addressing outstanding unfunded obligations, improving budget reserves.
o City Stakeholders: Finance Department, All Other Departments.

Strategic Use of City Real Property Resources – Efforts to engage underutilized City-owned property for community use or economic development, to improve public services, reduce City liability, support development including affordable housing, and eliminate blight.
o City Stakeholders: Economic Development, Community Development, City Attorney, City Manager, Public Works
Customer Service and Experience, Public Communication – Efforts to improve access to City information and services, streamline public communication, improve social media presence and effectiveness.
o City Stakeholders: City Manager, All Other Departments.

Utility Services and Water Rights Preservation - Supporting projects and efforts to reduce reliance on outside water sources, stabilize City and resident expenses, and ensure the long-term viability of water resources.
o City Stakeholders: City Attorney, Public Works Department Major Capital Projects – Large building projects, such as the 10th Street Public Safety and Community Resources Department building and the new park at the Antioch City Council Report
April 11, 2023 Agenda Item #SM-1 4
City-owned lumber yard site. These are projects that may fall outside of the ordinary Capital Improvement Program budget.
o City Stakeholders: Public Works (Capital Projects Division), Public Safety and Community Resources, Community Development (Planning).

Asset Maintenance and Improvement – Projects that contribute to the long term maintenance and viability of existing City facilities, improvements to existing facilities to expand services, and Citywide public beautification efforts. o City Stakeholders: Public Works, Benefitting Departments Legal Compliance and Risk Management – Many of the City’s programs are directly tied to statutory compliance requirements and require committed funding to remain in compliance. These include efforts across all Departments and include budgeting/accounting, environmental compliance, records request response, human resources, various reporting requirements, and similar. o City Stakeholders: City Attorney, All Other Departments.

The above list is a sample of potential programs that City Council may wish to identify and prioritize. It is provided to foster discussion that will lead to direction to staff. There are certainly other programs that the City Council may offer and prioritize and this list is not intended to be finite or conclusive.

Deficit Spending
The City Council is also asked to provide direction on the level of deficit spending that it is comfortable incurring. The draft budget presented on March 28th suggested that the City might experience a $6.4 million deficit in FY23-24 and $8.9 million deficit in FY24-

25. These numbers have since been reduced slightly to $6M in FY23-24 and $8.4M in FY24-25 for revisions to gas and electric franchise revenues as mentioned at the meeting on the 28th. The Council is asked to provide direction on a targeted level of deficit spending to inform future draft budgets. This, in combination with the established priorities, will inform revisions to the current draft budget. Chart A describes the budget presented on March 28, 2023 for informational purposes, with minor revisions to revenues for gas and electric franchise fee projections and some other minimal adjustments.

Revenue Analysis
City staff has provided revenue projections for FY23-24 and FY 24-25. Though revenues may vary slightly from projections, the Finance Director has consistently been very accurate in recent years. Any realized surpluses have been a result of unspent funds tied primarily to staffing vacancies and uncompleted projects. They were not a result of unanticipated revenues. For the past three years, the projected revenues have been very close to the actualized revenues as shown in the following table.

Antioch City Council Report
April 11, 2023 Agenda Item #SM-1 5
Fiscal Year Actualized Revenues: % Discrepancy from Projected Revenues 19-20 (.03%)
20-21 2.8%
21-22 2.0%
As such, staff does not recommend adjusting the revenue projections without new information to inform the change.

CHART A

GENERAL FUND BUDGET SUMMARY
PRESENTED ON MARCH 28, 2023 WITH REVISIONS
2022-23 2023-24 2024-25
Revised Proposed Proposed
Beginning Balance, July 1 $34,730,176 $34,730,176 $34,730,176 Revenue Source:

Taxes 56,051,800 57,115,786 59,083,748
1% Sales Tax 21,036,699 21,145,433 21,727,902
Licenses & Permits 2,432,000 2,750,240 2,750,240
Fines & Penalties 77,123 75,100 75,100
Investment Income & Rentals 641,000 665,000 675,000
Revenue from Other Agencies 918,054 150,000 150,000
Current Service Charges 5,504,883 4,917,821 5,049,409
Other Revenue 962,484 520,200 520,200
Transfers In 4,451,392 4,372,793 4,405,014
Total Revenue 92,075,435 91,712,373 94,436,613
Expenditures:

Legislative & Administrative 6,487,240 6,443,085 6,823,885 Finance 1,895,638 2,051,521 2,267,877
Nondepartmental 8,305,467 4,842,768 5,106,965
Public Works 13,825,520 10,815,481 11,631,300
Police Services 52,235,828 54,716,392 56,862,228
Police Services-Animal Support 1,923,994 2,103,368 2,276,802 Recreation/Community Svs. 4,633,428 4,062,127 4,238,843 Public Safety & Community Resources 2,455,509 2,920,230 3,041,632 Community Development 6,443,473 7,659,544 8,496,214
Total Expenditures 98,206,097 97,687,705 102,814,982 (Deficit) (6,130,662) (5,975,332) (8,378,369)
Budget Stabilization Transfer 6,130,662 5,975,332 8,378,369 Ending Balance, June 30 $34,730,176 $34,730,176 $34,730,176 Committed-Comp. Absences 150,338 150,000 150,000
Committed-Litigation Reserve 500,000 500,000 500,000
Committed-Comm. Dev. Fees 1,020,135 1,240,135 356,546 Unassigned Fund Balance $33,059,703 $32,840,041 $33,723,630 Percentage of Revenue 35.91% 35.81% 35.71%

TOTAL CALLS FOR SERVICE

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

Regular Meeting March 14, 2023
7:00 P.M. Council Chambers

6:30 P.M. - CLOSED SESSION

Councilmember Wilson called the meeting to order at 6:30 P.M., and City Clerk Householder called the roll.

Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson

Absent: Mayor Pro Tem/Agency Member (District 1) Torres-Walker and Mayor Thorpe

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

PUBLIC COMMENTS None

ADJOURNED TO CLOSED SESSION

Councilmember Wilson adjourned to Closed Session at 6:31 P.M.

7:00 P.M. REGULAR MEETING

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

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

Absent: Mayor Thorpe

Once a quorum was established, Councilmember Barbanica excused himself and left the meeting for health reasons. At the request of Mayor Pro Tem Torres-Walker, Councilmember Wilson presided over the meeting.

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, Council voted to place City Manager Johnson on Administrative Leave effective immediately, by a 3-0 vote (Councilmember Torres-Walker and Mayor Thorpe - absent).

A
04-11-23

ANTIOCH CITY COUNCIL

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Regular Meeting
March 14, 2023 Page 2 of 14

PLEDGE OF ALLEGIANCE

Councilmember Wilson led the Pledge of Allegiance.

1. INTRODUCTION OF NEW CITY EMPLOYEES

Acting Director of Public Works/City Engineer Buenting introduced Mitchell Loving, Junior Engineer and Jason Bonilla, Operations Supervisor who thanked Acting Director of Public Works/City Engineer Buenting for the introduction and stated they were looking forward to serving the citizens of Antioch.

Police Chief Ford introduced Tekari Kelley, Community Services Officer.

Finance Director Merchant introduced Monisha Mala, Payroll Specialist and Avangeline Balingit, Accounting Technician who thanked Finance Director Merchant for the introduction and stated they were looking forward to serving the citizens of Antioch.

Director of Community Development Ebbs introduced Danielle Wisniewski, Theodore Romano and Sequoia Taylor, Code Enforcement Officers, who thanked Director of Community Development Ebbs for the introduction and stated they were looking forward to serving the citizens of Antioch.

On behalf of Director of Economic Development Reed, Acting City Manager Cortez introduced Bret Sweet, Development Program Manager, who thanked Acting City Manager Cortez for the introduction and stated he looked forward to serving the citizens of Antioch.

City Attorney Smith introduced Rachel Hundley, Assistant City Attorney, who stated it was an honor to work in Antioch.

On behalf of Director of Parks and Recreation Helfenberger, Acting City Manager Cortez who stated she looked forward
to serving the citizens of Antioch.

Councilmember Wilson thanked the new employees for their public service.

2. PROCLAMATION

American Red Cross Month, March 2023

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

Reverend Will McGarvey, Interfaith Council of Contra Costa County, accepted the American Red Cross Month proclamation, thanked the City Council for the recognition and highlighted some of their activities.

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March 14, 2023 Page 3 of 14

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS None

PUBLIC COMMENTS

Daniel Knight, Drama Factory, invited the community to attend a production of Death of Triboulet at the Nick Rodriguez Community Theatre.

Kathryn Wade announced she celebrated the anniversary of the death of her son and requested the Antioch Police Department release reports related to his case.

Lucas Stuart-Chilcote announced the El Campanil Theatre would host an Irish music concert on March 16, 2023.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Ogorchock provided an overview of AB1078.

Councilmember Torres-Walker reported the CDBG committee would be meeting soon to review meeting and City Clerk Householder for managing public comments this evening because she was not feeling well. She thanked those who supported Proposition 47 and stated that it needed to be protected.

Councilmember Wilson reported on her attendance at a Policy Briefing Conference on behalf of Delta Diablo. She acknowledged s History Month and the women serving on the

None

PUBLIC COMMENTS Continued

City Clerk Householder announced she had overlooked a public comment and asked Council if they wanted to give that audience member the opportunity to speak now.

Patricia Granados spoke in support of reparations and encouraged the Council to participate in conversations related to AB3121.

3. PRESENTATIONS

Economic Development Program Manager Sweet introduced Joseph Dieguez, Senior Vice President, Kosmont Companies.

Due to technical difficulties, Council agreed to switch the order of the Presentations.

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March 14, 2023 Page 4 of 14

Member Williams and Vice Chairperson Mundhenk
introduced their Committee Members and presented the
Committee Presentation - Measure W.

Mayor Thorpe arrived at 7:46 P.M. and
presided over the remainder of the City Council meeting.

Andrew Becker thanked the Committee for the presentation. He requested Council invest CDBG funds for unhoused residents and those in need.

Patricia G. expressed concern regarding the amount of money the City had invested in the Antioch Police Department.

Councilmember Ogorchock and Mayor Thorpe thanked the
Committee for the presentation. Mayor Thorpe commented that he supported prioritizing unhoused resident services. He discussed the decrease in violent crime and reported that with an increase in applicants and a significant number of individuals sent to the academy, there should be an increase in APD staff over the summer. Additionally, he noted there were ten Code Enforcement Officers, and the City was on track to hire an additional four.

Joseph Dieguez, Senior Vice President, Kosmont Companies gave the KOSMONT Presentation on Economic Development Public Financing Mechanisms.

Mayor Thorpe thanked Economic Development Program Manager Sweet for the presentation and noted that follow up would occur around this topic.

ON MOTION BY COUNCILMEMBER WILSON, SECONDED BY COUNCILMEMBER

TORRES-WALKER, THE CITY COUNCIL MEMBERS PRESENT UNANIMOUSLY

SUSPENDED THE R
NEXT ORDER OF BUSINESS.

Continued

Dwayne Eubanks and Linda Wallgren, Antioch Historical Society, thanked the City for the Civic Enhancement Award to fund new signage at the Antioch Historical Society.

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 24, 2023

B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 14, 2023

C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 23, 2023

D. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 28, 2023

ANTIOCH CITY COUNCIL

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E. APPROVAL OF COUNCIL WARRANTS

F. APPROVAL OF HOUSING SUCCESSOR WARRANTS

G. REJECTION OF CLAIMS: SUBMITTED BY JARROD GARNER, REAGAN

DEGUZMAN AND ERICA TIFFANY THOMAS ON BEHALF OF HONESTII LUMSEY

H. RESOLUTION NO. 2023/35 EIGHTH AMENDMENT TO THE DESIGN CONSULTANT

SERVICES AGREEMENT WITH SWATT MIERS ARCHITECTS FOR IMPROVEMENTS

TO CITY HALL COUNCIL CHAMBERS INTERIOR REMODEL/CITY HALL IMPROVEMENTS AND LEO FONTANA FOUNTAIN (P.W. 247-P, P.W. 247-S AND P.W. 247-R)

I. RESOLUTION NO. 2023/36 ACCEPTING COMPLETED IMPROVEMENTS FOR PARK RIDGE PHASE 2, TRACT NO. 9845 (P.W. 674-2)

J. RESOLUTION NO. 2023/37 ACCEPTING COMPLETED IMPROVEMENTS FOR PARK RIDGE PHASE 3, TRACT NO. 9517 (P.W. 674-3)

K. RESOLUTION NO. 2023/38 ACCEPTING COMPLETED IMPROVEMENTS FOR PARK RIDGE PHASE 4, TRACT NO. 9490 (P.W. 674-4)

L. RESOLUTION NO. 2023/39 CONSIDERATION OF BIDS FOR THE ANTIOCH CAPE SEAL 2023 PROJECT (P.W. 328-13)

M. RESOLUTION NO. 2023/40 SECOND AMENDMENT TO THE AGREEMENT WITH

TJKM TRANSPORTATION CONSULTANTS FOR DESIGN CONSULTING SERVICES (P.W. 282-20)

N. RESOLUTION NO. 2023/41 DESIGNATING AUTHORIZED AGENTS OF THE CITY OF (CAL-OES) AND FEMA PUBLIC ASSISTANCE GRANTS AND APPROVING CAL OES FORM 130

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of Items H, L, M and N which were removed for further discussion.

Item H In response to Councilmember Ogorchock, Acting Director of Public Works/City Engineer Buenting explained that this item related to finalized payments for all of the projects listed.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously approved Item H.

ANTIOCH CITY COUNCIL

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Item L In response to Councilmember Ogorchock, Acting Director of Public Works/City Engineer Buenting explained that only one bid was submitted, and they were confident it was reasonable. He added that these streets were on the schedule to be done last year.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously approved Item L.

Item M Andrew Becker recommended staff report out on agenda items removed from the Consent Calendar. He questioned what attributed to the additional cost requested.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council approved Item M. The motion carried the following vote:

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

Item N Lucas Stuart-Chilcote recommended staff report out on agenda items when they were removed from the Consent Calendar. He requested staff provide a presentation on how property owners and renters could access grant funds.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously approved Item N.

PUBLIC HEARING

5. APPEAL OF THE PLANNING COMMISSION APPROVAL OF THE SOMERSVILLE

LIQUOR STORE USE PERMIT

Director of Community Development Ebbs presented the staff report dated March 14, 2023, recommending the City Council adopt the resolution: Denying the appeal and approving the use permit with Conditions of Approval; Or Granting the appeal and denying the use permit.

Director of Community Development Ebbs explained that this application could have been approved by the Zoning Administrator; however, he elected to defer to the Planning Commission, since they were better suited to address controversial items.

Mayor Thorpe opened the public hearing.

Kathryn Wade, Proponent representing District 4, reported the Somersville and Delta Fair communities were opposed to the development of a new liquor store at Somersville Plaza due to the oversaturation of these businesses in Antioch. She asked who would monitor the business to ensure they complied with their conditions of approval. She suggested the City focus on family-oriented businesses.

A family member speaking on behalf of the Somerville Liquor Store, reported that they had a history of running a clean, safe and well-served environment for the past 10 years. He

ANTIOCH CITY COUNCIL

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commented that beer and wine would be sold self-serve and liquor would be kept behind the counter served by employees. He stated they understood the responsibility that came with selling alcoholic beverages and they took it seriously. They requested Council approve their project and grant them 35% of the floor space for alcoholic beverages. He noted they wanted to serve the needs of the community and attract more business to the shopping center. He agreed to change the name of the establishment to something more community friendly and reduce their hours.

Ralph Hernandez, Antioch resident, spoke in support of denying the appeal and granting the use permit. He noted this business was a convenience store that would fill an empty storefront. He noted the reasons for the denial applied greater to the nearby dispensary. He further noted convenience stores did not cause illegal problems and this Use Permit would be reviewed in two years for compliance.

Norma Hernandez spoke in support of the convenience store, noting it was an essential business for the community. She encouraged Council to welcome new businesses especially with an applicant that already had a good business reputation in the community and could bring in needed sales tax dollars.

Devin Williams opposed the approval of the Use Permit citing oversaturation of these businesses in the area.

Michelle Hasan discussed oversaturation of liquor businesses and the potential impact this business may have on police services. She urged Council to grant the appeal, denying the Use Permit. She supported Council moving forward with a moratorium on liquor stores so they could better understand their impacts on the community.

Dominique King, Antioch resident, discussed the impact of liquor stores on youth and the potential for increased criminal activity occurring near these types of businesses. She reported they had collected over 300 signatures of Antioch residents who were asking Council to grant the appeal to deny the use permit. She discussed the oversaturation of liquor businesses in Antioch.

Nisha Toor, Business Owner, discussed oversaturation of liquor businesses in this area. She stated she had a competitive business in the area and had experienced illegal activity in their parking lot. She stated they held their business to a high level of integrity and values. She reported they had collected the signatures of 300 residents. She noted that another liquor store would not benefit this community and she encouraged Council to help create a safer, healthier and family friendly environment. She encouraged Council to stand with the community and thanked them for their stewardship.

Savannah, Antioch Middle School, opposed another liquor store in Antioch noting the negative health issues related to drug and alcohol use.

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Nadia King, Antioch Middle School, opposed another liquor store in Antioch and discussed illegal activity associated with these types of businesses.

Andrew Becker encouraged the youth who spoke this evening to participate in the Antioch Council of Teens. He expressed concern that speakers were tying an entrepreneur to a lack of resources or support within this community. He spoke about opportunities to create successful economic communities.

Diego Irigoyen, Farmers Insurance, stated he was a current tenant in this shopping plaza and felt a liquor store would not attract new tenants. He discussed the inequality in the number of businesses selling alcohol and parks in Antioch. He expressed concern regarding illegal activity occurring around liquor stores.

Lucas Stuart-Chilcote stated this was a serious decision and recognized the speakers this evening. He commended the applicant for the ability to grow his business. He stated that he hoped Council was prepared to make their decision.

Mayor Thorpe closed the public hearing.

Councilmember Torres-Walker thanked the public speakers. She noted it was unfortunate that someone who wanted to expand their business and create more fiscal sustainability for their family was placed in this position. She acknowledged issues surrounding violence in the community. She commented that challenges in the community as a result of substances had nothing to do with tobacco, liquor stores or dispensaries. She stated communities had been under resourced in Antioch, which could be attributed to former decisions. She noted empty storefronts and blighted properties were also issues for illegal activity.

Councilmember Wilson stated she appreciated those who spoke regarding this item. She agreed that a lot of these issues were a result of past decisions. She stated she was concerned index for Antioch and the oversaturation of liquor stores. She clarified that she was promoting a moratorium on future liquor stores and the Council needed to think about how to plan and zone to assure no oversaturation was occurring.

City Attorney Smith clarified that a rebuttal would be available for the proponent.

Councilmember Ogorchock expressed concern regarding the proximity of this business to an existing liquor store.

Mayor Thorpe stated that Council had the responsibility of making sure they were fair and equitable to all communities. He clarified that this appeal was based on location, not the applicant or business.

RESOLUTION NO. 2023/42

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
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March 14, 2023 Page 9 of 14

On motion by Councilmember Wilson, seconded by Councilmember Ogorchock, the City Council approved the resolution granting the appeal and denying the use permit. The motion carried the following vote:

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

6. APPEAL OF PLANNING COMMISSION APPROVAL OF TREE REMOVAL PERMIT AT 411 WEST 5TH STREET

Director of Community Development Ebbs presented the staff report dated March 14, 2023, recommending the City Council take the following action: Deny the appeal and approve the Tree Removal Permit; Or Approve the appeal and deny the Tree Removal Permit.

Mayor Thorpe opened the public hearing.

Kerry Motts, Proponent, read into record written statement presented to the City Council along with photos, to support his appeal. Speaking as a Planning Commissioner, past president of the Rivertown Preservation Community Group, and a community member in his last semester of a graduate degree in Sustainable Communities, he asked Council to join him in saving the historic trees so that Antioch can live up to their designation as a Tree City.

Diane Gibson-Gray played audio recordings of comments made by herself, Kerry Motts, Director of Community Development Ebbs, and Joy Motts at Planning Commission meetings addressing the tree removal permits.

Rachel Motts, Antioch resident and Sheri Thompson spoke in support of approving the appeal and denying the Tree Removal Permit. They provided a history of their Planning Commission testimony and previous actions taken. They reported the trees were surviving and requested the Council allow them to remain.

Andrew Becker reported process and policies were followed and the Planning Commission responded that the tree removal permit should be granted. He questioned why this item was coming before the Council. He commented that Public Works was beyond capacity to address these issues. He felt it was inappropriate that a Planning Commissioner filed the appeal for this item.

Lucas Stuart-Chilcote discussed the benefits of street trees and suggested approved replacement trees be planted if the tree removal permit were approved. He reported that there were street trees throughout the City that were not properly maintained.

REBUTTAL

Kerry Motts stated as a Planning Commissioner, he did not give up his right to advocate for community issues. He reported he had recused himself from the items when they were before the Commission. He spoke to the environmental value of trees.

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

Joy Motts.

Councilmember Ogorchock thanked the speakers for their comments. She clarified that homeowners were responsible for maintaining the property from their home to the street; however, she did not believe they should have to repair the infrastructure multiple times in order to retain trees causing damage. She questioned who would be liable for tripping hazards and root damage if the City determined the trees could remain. She spoke in support of denying the appeal.

In response to Councilmember Torres-Walker, Director of Community Development Ebbs clarified a permit application was submitted, staff assembled the tree committee who reviewed the permit and compared it against criteria given and they found damage to property was a major concern and they approved the Tree Removal Permit. He noted that action was appealable to the Planning Commission. He explained they had followed all legal requirements for notification.

Councilmember Wilson
preserving or replacing the existing trees.

In response to Councilmember Wilson, Director of Community Development Ebbs explained both trees were causing damage; however, tree b was in worse condition. He clarified the tree removal permit issued by the tree committee included a requirement for two replacement trees from the approved street tree list and the complete removal of the existing trees.

Mayor Thorpe reviewed the appeal process and spoke in support of allowing the trees to remain.

A motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, to deny the appeal and approve the Tree Removal Permit with replacement of both trees, failed by the following vote:

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

Mayor Thorpe announced that a
decision approving the Tree Removal Permit stands.

7. ORDINANCE FORMING A NEW ENGINEERING DEPARTMENT AND MODIFYING

THE PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS

Acting Director of Public Works/City Engineer Buenting presented the staff report dated March 14, 2023, recommending the City Council introduce, read by title only, and waive further reading of the ordinance amending and restating Articles 1, 2, and 9 and adding Article 10 to Chapter 3 Title 2 of the Antioch Municipal Code reorganizing the Public Works and Community Development Departments and creating a new Engineering Department.

ANTIOCH CITY COUNCIL

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In response to Councilmember Torres-Walker, Acting Director of Public Works/City Engineer Buenting clarified that the idea was to create a new engineering department that would include the engineering land development portion pulled out of Community Development.

City Attorney Smith explained City Manager Johnson eparate Public Works from the Engineering Division which would be under a new Department Head/City Engineer and engineering functions from Community Development would be transported to that division.

Councilmember Torres-Walker stated she supported tabling this discussion, until Council began the process for hiring a new City Manager and Assistant City Manager.

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

Councilmember Ogorchock stated she did not believe this action would be organizational or cost efficient. She suggested the item be postponed indefinitely.

Councilmember Torres-Walker stated she believed the separation of Public Works and Engineering could help with efficiency; however, she did not feel the timing was appropriate.

Mayor Thorpe agreed with Councilmember Torres-Walker.

A motion by Councilmember Ogorchock to table this item indefinitely died for the lack of a second.

City Attorney Smith explained the process for tabling and postponing agenda items.

On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson, the City Council members present unanimously postponed Public Hearing Item #7.

COUNCIL REGULAR AGENDA

ON MOTION BY COUNCIL MEMBER WILSON, SECONDED BY COUNCILMEMBER

TORRES-WALKER THE CITY COUNCIL MOTIONED TO REMOVE THE NEXT ITEM FROM THE TABLE TO DISCUSS. THE MOTION CARRIED THE FOLLOWING VOTE:

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

8. 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

Director of Parks and Recreation Helfenberger presented the staff report dated March 14, 2023, recommending the City Council adopt the resolution approving an amendment to the 2022/23

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Fiscal Year budget to include expenditures for the July 4, 2023, Celebration in the amount of $110,000.

In response to Council, Director of Parks and Recreation Helfenberger explained that cost estimates were based on event costs for the past two years. He noted they had not explored expanding events outside of the Rivertown area; however, they could investigate that for future years.

Councilmember Ogorchock stated in speaking with Celebrate Antioch, the cost estimates were low. She stated she did not believe City staff had the capacity to assume responsibility for these events. She noted Celebrate Antioch Foundation had the experience and proven track record.

In response to Councilmember Torres-Walker, Director of Parks and Recreation Helfenberger stated expanding the parade to begin in Southeast Antioch and end in Rivertown could also be explored in future years.

RESOLUTION NO. 2023/43

On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson the City Council adopted 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. The motion carried the following vote:

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

9. FORMATION OF A HUMAN RIGHTS AND RACIAL EQUITY AD HOC COMMITTEE

City Attorney Smith presented the staff report dated March 14, 2023 recommending the City Council take the following actions: 1) Determine if the City Council wishes to form a Human Rights and Racial Equity Ad Hoc Committee for the purposes described in the resolution; 2) Confirm the appointment of two (2) members for the Human Rights and Racial Equity Ad Hoc Committee; 3) Confirm the duration of the Human Rights and Racial Equity Ad Hoc Committee; and 4) Adopt the resolution forming the Human Rights and Racial Equity Ad Hoc Committee.

Councilmember Torres-Walker stated that the Human Rights and Racial Equity Ad Hoc Committee was unable to begin their meetings so this item was an extension so they could begin conversations on forming the Commission.

Ralph Hernandez, Antioch resident, spoke in support of postponing the formation of a Human Rights and Racial Equity Ad Hoc Committee to a future date since he believed staff were currently being overworked. He stated the staff report should clarify the purpose of the committee. He discussed inequity as it related to the makeup of the City Council.

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

Lucia Albers.

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Councilmember Ogorchock suggested the committee be made up of two representatives from each district.

Mayor Thorpe explained that historically the purpose of an Ad Hoc Committee was to gather information to bring forward when considering the formation of a Commission. He clarified that Council established Ad Hoc Committees so staff would not have to take on the responsibilities.

Councilmember Torres-Walker added that public participation was encouraged, and the Ad Hoc Committee was the opportunity for residents to provide their input.

Councilmember Torres-Walker, Mayor Thorpe, and Councilmember Ogorchock volunteered to serve on the Ad Hoc Committee.

RESOLUTION NO. 2023/44

On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson, the City Council members present unanimously adopted the resolution forming the Human Rights and Racial Equity Ad Hoc Committee appointing Councilmember Torres-Walker and Councilmember Ogorchock for a duration of 6-months.

PUBLIC COMMENT

Andrew Becker expressed concern regarding comments made by a previous speaker. He discussed grant opportunities for affordable housing projects.

Lucas Stuart Chilcote also expressed concern regarding comments made by a previous speaker and thanked Council for the work they were doing to provide equity in the community.

STAFF COMMUNICATIONS None

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Wilson requested the following items be brought back for consideration, a Tree Policy, a moratorium on fast food, and a Study Session on water quality.

Councilmember Torres-Walker expressed concern regarding insufficient lighting throughout District 1 and she requested an update as to how the City was addressing the matter. She requested Council consider sunsetting the Economic Development Commission and Police Crime Prevention Commission. She apologized to the public for not being in attendance for Closed Session and encouraged Council to appoint an Interim City Manager and begin a national search for a permanent City Manager, and Assistant City Manager as soon as possible.

Councilmember Ogorchock requested Council consider the formation of a Tree Committee and update the tree ordinance. She also requested an update on the Desalination project.

ANTIOCH CITY COUNCIL

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March 14, 2023 Page 14 of 14

In response to Mayor Thorpe, Acting Director of Public Works/City Engineer Buenting reported the City was underway with a survey with PG&E related to lighting.

Mayor Thorpe apologized for being late for the meeting. He stated he understood changes occurred during Closed Session and he trusted his colleagues for the action that was taken. He explained that changes would not distract Council from increasing the quality of life for the community.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously adjourned the meeting at 11:34 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

CITY COUNCIL MEETING

Special Meeting/Closed Session March 17, 2023
10:00 A.M. Council Chambers

10:00 A.M. - CLOSED SESSION

Mayor Thorpe called the Special meeting to order at 10:00 A.M., and City Attorney Smith called the roll.

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

PLEDGE OF ALLEGIANCE

Mayor Thorpe led the Pledge of Allegiance.

PUBLIC COMMENTS None

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION AND POSSIBLE ACTION This closed session is authorized pursuant to Government Code section 54957(b). Title: City Manager.

2. PUBLIC EMPLOYEE APPOINTMENT This closed session is authorized pursuant to Government Code section 54957(b). Title: Acting City Manager.

PUBLIC COMMENTS None

ADJOURNED TO CLOSED SESSION

Mayor Thorpe adjourned to closed session at 10:02 A.M.

RETURN TO OPEN SESSION FROM CLOSED SESSION TO REPORT OUT

Mayor Thorpe called the meeting to order at 11:01 A.M., and City Attorney Smith called the roll.

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

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION AND POSSIBLE ACTION, Council voted to place City Manager Con Johnson on Administrative Leave by a 5-0 vote and, #2 PUBLIC EMPLOYEE APPOINTMENT, Council voted to appoint Forrest Ebbs as Acting City Manager by a 5-0 vote.

B
04-11-23

ANTIOCH CITY COUNCIL
Special Meeting/Closed Session
March 17, 2023 Page 2 of 2

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously adjourned the meeting at 11:03 A.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

0 - -2

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

SUBMITTED BY:

SUBJECT:

RECOMMENDED ACTION

FISCAL IMPACT

DISCUSSION

ATTACHMENT

CLAIMS BY FUND REPORT FOR THE PERIOD OF
MARCH 17-30, 2023
FUND/CHECK #
227 Housing Fund
Housing
00405828 SHELTER INC PROFESSIONAL SERVICES 8,905.13

Finance Accounting
Prepared by : A.Balingit
4/6/2023 April 11, 2023
3E

F
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 11, 2023

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: REJECTION OF CLAIM: VICTORIA COLLINS

RECOMMENDED ACTION
It is recommended that the City Council reject the claims submitted by Victoria Collins.

Should the City Council desire to discuss this matter, it would be scheduled for a future closed session.

ATTACHMENTS
None.

DATE:

TO:

SUBMITTED BY:

APPROVED BY:

SUBJECT:

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of April 11, 2023
Honorable Mayor and Members of the City Council
Carlos Zepeda, Deputy Public Works Director c,"t.

Scott Buenting, Acting Public Works Director/City Engineer GI fo�S& Second Amendment to the Honeywell Building Solutions
Agreement for HVAC Maintenance Services No. 400984420 for Extra Work to HVAC Equipment at City Facilities

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Approving a second amendment to the agreement with Honeywell International Inc. No. 400984420 to increase the remaining contract year amounts by $435,000 in year three (3) fiscal year 2022/23, $113,300 in year four (4) fiscal year 2023/24, and $152,300 in year five (5) fiscal year 2024/25 for a total amount of $700,600 in substantially the form attached as Exhibit "1" to the Resolution (Attachment "A"); and

2. Authorizing the Acting City Manager or designee to execute the second amendment to agreement No. 400984420 with Honeywell International Inc. in a form approved by the City Attorney.

FISCAL IMPACT
Funding for this contract increase of $435,000 in fiscal year 2022/23 is allocated within the currently approved fiscal year 2022/23 General Fund within the respective Police and Public Works Facilities Maintenance operating budgets. Funding for the contract increases in fiscal year 2023/24 of $113,300 and fiscal year 2024/25 of $152,300 will be requested as part of the City's current biennial budget process within the Public Works Facilities Maintenance operating budget.

DISCUSSION
The City has a three (3) year maintenance agreement with an option to extend two (2) additional years with Honeywell International Inc. (Honeywell) for the maintenance and repair of its HVAC systems at all City owned facilities. Staff works with the vendor to identify needed replacement of HVAC equipment which is at or exceeds its useful life.

On July 26, 2022, the City Council approved the first amendment to the agreement with Honeywell for HVAC maintenance services and extra work (agreement no. 400984420).

I
Agenda Item #

ATTACHMENT "A"
RESOLUTION NO. 2023/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING A

SECOND AMENDMENT TO THE AGREEMENT WITH HONEYWELL
INTERNATIONAL INC. NO. 400984420 INCREASING THE REMAINING CONTRACT YEAR AMOUNTS BY $435,000 IN YEAR THREE (3) FY 2022/23, $113,300 IN YEAR FOUR (4) FY 2023/24, AND $152,300 IN YEAR FIVE (5) FY 2024/25 FOR A TOTAL AMOUNT OF $700,600 AND AUTHORIZING CITY MANAGER OR DESIGNEE TO

EXECUTE THE SECOND AMENDMENT
WHEREAS, the City has a three (3) year maintenance agreement (Agreement) with an option to extend two (2) additional years with Honeywell International Inc. (Honeywell) for the maintenance and repair of its HVAC systems at all City owned facilities;
WHEREAS, on July 26, 2022, the City Council approved the first amendment to the agreement with Honeywell for maintenance and extra work repairs to HVAC systems at various City facilities;
WHEREAS, staff has identified additional HVAC repairs needed to replace the chiller at the Antioch Police Department/Animal Services, which is approaching its useful life, replacement of multiple HVAC units at the Water Park Main Building and Kiosk, replacement of temperature controls at City Hall for more efficient energy use and needed HVAC repairs at the Water Treatment Plant as well as additional repairs that may be needed; and
WHEREAS, on April 11, 2023, the City Council has considered approving this second amendment to the Agreement which will allow the Public Works Department to continue to maintain the functional integrity of the HVAC systems at City facilities and provide better air quality to the City's employees and customers.

EXHIBIT "1"

SECOND AMENDMENT TO

THE HONEYWELL BUILDING SOLUTIONS AGREEMENT

WITH THE CITY OF ANTIOCH FOR
HV AC MAINTENANCE SERVICES (AGREEMENT NO. 40098420)

THIS SECOND AMENDMENT TO THE HONEYWELL BUILDING SOLUTIONS AGREEMENT FOR HV AC MAINTENANCE SERVICES (AGREEMENT NO. 400984420) is entered into as of this 11th day of April, 2023, by and between the CITY OF ANTIOCH, a municipal corporation with its principal place of business at 200 H Street, Antioch California 94509 ("City") and Honeywell Building Solutions (Honeywell), a California corporation with its principal place of business at 1099 Sneath Ln, San Bruno, CA 94066 ("Contractor").

RECITALS
WHEREAS, on September 8, 2020, the City and Contractor entered into a Maintenance Services Agreement for the HV AC Maintenance Services ("Agreement") in the amount not to exceed $790,700 for the original three (3) year term of the agreement, ending on June 30, 2023 with an optional two (2) year extension in an amount not to exceed $504,266 for the original two (2) year extension, ending on June 30, 2025 for a grand total five (5) year contract amount of $1,294,966;
WHEREAS, on July 26, 2022, the City and Honeywell amended the original contract with a first amendment to the Honeywell Building Solutions agreement for HV AC maintenance services (agreement no. 400984420) which increased the extra work performed for an additional amount not to exceed $54,339.02 for the second year of the Agreement, to cover outstanding bills for extra work and repairs performed on equipment not under contract in fiscal year 2021/22; and $75,000 for any extra work performed for the final year of the agreement 2022/23, for a total not to exceed amount of$129,339.02;
WHEREAS, the Agreement provides for HV AC maintenance services and extra misc. work for the following City facilities: City Hall, RV Lot, Community Center (Parks & Recreation), Public Works Maintenance Service Center Police Department and the Marina, as detailed in Exhibit "A" of the Agreement and the attachments thereto; and
WHEREAS, on April 11, 2023 the City Council approved the second amendment to the agreement to increase the extra work performed in the amount of $435,000 for the third year of the agreement, to cover extra work and repairs performed on equipment not under contract in fiscal year 2022/23 and $113,300 for any extra work performed for the optional fourth year of the agreement 2023/24, and $152, 300 for any extra work performed for the optional fifth and final year of the agreement 2024/25 for a total amount of $700,600.

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

1. Section 3.1 "SCOPE OF SERVICES AND TERM, 3.1.1 General Scope of Services" the first paragraph shall be amended to read as follows:

1. "Subject to the terms and conditions set forth in this Agreement, Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and

CITY OF

ANTIOCH

CALIFORNIA
DATE:

STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of April 11, 2023
TO:

SUBMITTED BY:

Honorable Mayor and Members of the City Council
Carlos Zepeda, Deputy Public Works Director C 'L
APPROVED BY:

SUBJECT:
foa..SB
Scott Buenting, Acting Public Works Director/City Engineer et Resolution Authorizing to Purchase Up to Three (3) 2024 New-to­ Fleet Vehicles and Up to Twenty (20) 2024 Replacement Vehicles Utilizing Cooperative Purchase Agreements

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing the Acting City Manager to execute an agreement for the purchase of:

1. three (3) 2024 new-to-fleet hybrid or electric vehicles and up to twenty (20) 2024 hybrid or electric vehicle replacement vehicles utilizing cooperative purchase agreements for an amount of $1,843,897.

OR

2. if hybrid and electric vehicles are not available for order this year, three (3) 2024 new-to-fleet gas-powered vehicles and up to twenty (20) 2024 gas-powered replacement vehicles utilizing cooperative purchase agreements for an amount of $1,843,897.

FISCAL IMPACT
Funding for all twenty-three (23) vehicles in the total amount of $1,843,897 will be included within the proposed fiscal year 2023/24 biennial budget process in the Vehicle Replacement Fund, Water Enterprise Fund, and General Fund. Replaced vehicles will be sold at auction and revenue from the sales will be returned to the Vehicle Replacement Fund.

DISCUSSION
The City's inventory of vehicles and equipment is examined annually in conjunction with the budget process to determine which existing units meet replacement criteria and which divisions have new operational needs. The Fleet Division is committed to purchasing alternative fuel options such as all electric or hybrid service vehicles when available. Staff are constantly in contact with regional sales managers of Ford and J
Agenda Item #

ATTACHMENT "A"
RESOLUTION NO. 2023/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PURCHASE UP TO THREE (3) 2024 NEW-TO-FLEET VEHICLE AND UP TO TWENTY (20) 2024

REPLACEMENT VEHICLES AND AUTHORIZING THE ACTING CITY MANAGER TO

PURCHASE THE VEHICLES UTILIZING COOPERATIVE PURCHASE
AGREEMENTS IN AN AMOUNT NOT TO EXCEED $1,843,897
WHEREAS, the City's Fleet Division annually assesses its inventory of vehicles and equipment in conjunction with the operational needs of each division based on standard replacement criteria;
WHEREAS, the City's Fleet Division maintains the City's fleet through timely replacement of vehicles and equipment that are at or beyond their useful life, which is critical in managing costs and liability associated with an aging fleet; WHEREAS, the Public Works Department has been notified by its vendors that order banks will only be open for short periods of time; WHEREAS, the Public Works Department seeks authorization to purchase the vehicles listed in Exhibit A in order to be able to purchase the vehicles during these short periods of time;
WHEREAS, the City of Antioch will obtain quotes from qualified vendors offering cooperative purchase agreements; and
WHEREAS, by utilizing cooperative purchasing agreements as outlined in the City's Municipal Code, the City of Antioch will be guaranteed significant cost savings while maintaining the principles of fair and open competition in public procurement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes the Acting City Manager to execute an agreement for the purchase of:

1. three (3) 2024 new-to-fleet hybrid or electric vehicles and up to twenty (20) 2024 hybrid or electric vehicle replacement vehicles utilizing cooperative purchase agreements for an amount of $1,843,897.

OR

2. if hybrid and electric vehicles are not available this year, three (3) 2024 new­ to-fleet gas-powered vehicles and up to twenty (20) 2024 gas-powered replacement vehicles utilizing cooperative purchase agreements for an amount of $1,843,897.

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 11, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Marcus Woodland, Senior Water Treatment Plant Operator APPROVED BY: Scott Buenting, Acting Public Works Director/City Engineer Cl fol.SB
SUBJECT: Increase to the Purchase Order with Chemtrade Chemicals US LLC, for the Purchase of Aluminum Sulfate

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving an increase of $207,570 with Chemtrade Chemicals US LLC for the purchase of aluminum sulfate. The total purchase order would increase from $192,430 to a total amount of $400,000.

FISCAL IMPACT
Funding for this request is included in the approved fiscal year 2022/23 Water Enterprise Fund Budget.

DISCUSSION
The City of Antioch is a member of the Bay Area Chemical Consortium (BACC) consisting of Antioch, Pittsburg, Martinez, and Diablo Water District. The BACC's purpose is to obtain the most competitive prices, while minimizing procurement costs and duplication of efforts.

The BACC advertised a request for proposals to provide water and wastewater chemicals for the period of July 1, 2022, through June 30, 2023. Although jointly bid, the chemical products are delivered and invoiced separately to the respective cities. The City of Antioch purchases chemical products within the North Bay only, and will be purchasing from Chemtrade Chemicals, LLC US, Brenntag Pacific, Inc., Pennco, Inc., and Univar Solutions USA, Inc.

At the regular meeting of May 24, 2022, Council approved a joint agency cooperative purchase agreement for Water Treatment Plant chemicals for the period of July 1, 2022 through June 30, 2023, in the amount of $1,121,629.

K
Agenda Item #

ATTACHMENT "A"
RESOLUTION NO. 2023/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AN INCREASE IN THE AMOUNT OF $192,430 FOR A TOTAL AMOUNT OF $400,000 FOR THE CHEMTRADE CHEMICALS US LLC. PURCHASE ORDER
WHEREAS on May 24, 2022, the City Council approved a joint agency cooperative purchase agreement for Water Treatment Plant chemicals for the period of July 1, 2022 through June 30, 2023, in the total amount of $1,121,629; WHEREAS, staff need to make additional purchases of aluminum sulfate for the removal of particulate, colloidal, and dissolved substances as part of the water treatment Process; and
WHEREAS, funding for this request is included in the approved fiscal year 2022/23 Water Enterprise Fund budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby approves the purchase order increase in the amount of $192,430 for a total amount of $400,000 for fiscal year 2022/23.
* * * * * * *
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 11th day of April, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

____ ___
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 11, 2023

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Dawn Merchant, Finance Director

SUBJECT: Increase of Purchase Order with CentralSquare for Finance Enterprise Software Upgrade

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving an increase to the purchase order with CentralSquare for $65,000 for finance enterprise software upgrades and amending the fiscal year 2023 budget.

FISCAL IMPACT
The cost of the upgrade is estimated to be $65,000. A fiscal year 2023 General Fund budget amendment is requested.

DISCUSSION
Since 2003, the City has been utilizing finance enterprise software, OneSolution provided by CentralSquare, as the General Ledger software th at maintains and processes all financial and personnel transactions of the City in cluding: payroll, timekeeping, human resources, accounting, budgeting, stores inventory, accounts payable, and accounts receivable. The software is hosted on a server maintained by CentralSquare and the City has an annual purchase order with them for hosting and maintenance. Periodic version upgrades are released, but the City has not found the need to upgrade in the last several years due to the time and implementation involved as the version we are currently on has been meeting City needs. CentralSquare has notified clients that the current software version we are on will no longer be supported by th e end of the year due to significant changes made in the newest version platform and therefore the City must upgrade to the latest version in order to maintain adequate softwa re support. The implementation process will also include upgrading the City’s time keeping software from Executime, which used to partner with CentralSquare, to IntelliTime, which is their new partner. One- time costs for the upgrade, which includes installa tion, Finance staff training, interface updates, and report updates that may be needed are estimated not to exceed $65,000.

ATTACHMENTS
A. Resolution

ATTACHMENT A

RESOLUTION NO. 2023/

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING A

PURCHASE ORDER INCREASE WITH CENTRALSQUARE IN THE AMOUNT OF $65,000 FOR FINANCE ENTERPRISE SOFTWARE UPGRADES AND AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET

WHEREAS , the City currently utilizes OneSolution finance enterprise provided by CentralSquare for its General Ledger software;

WHEREAS , the current software version will no longer be supported by CentralSquare and is required to be upgraded to the newest version; and

WHEREAS , the upgrade will also include changing timekeeping software from Executime to Intellitime;

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

Section 1. Approves an increase to the purchase order with CentralSquare in the amount of $65,000 for finance enterprise software upgrades; and Section 2. Amends the fiscal year 2023 General Fund budget in the amount of $65,000.

* * * * * * *

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 11th day of April 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
__________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

M
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 11, 2023

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Resolution Authorizing the Acceptance of a Grant Deed Conveying to the City of Antioch Property Located at Delta Fair Blvd.

Assessor’s Parcel Number 074-080-034-7

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Authorizing the acceptance of a grant deed conveying property located at Delta Fair Blvd. (Assessor's Parcel Number 074-080-034-7) consisting of approximately

4.79 acres located along the southern line of Delta Fair Boulevard, immediately east of the Antioch city limit, in the City of Antioch; and

2. Authorizing the C ity Attorney to execute the Certificate of Acceptance for said property in substantially the form attached to the resolution.

FISCAL IMPACT
There is no projected financial impact.

DISCUSSION
On March 11, 2020, the City of Antioch signed and notarized a grant deed that transferred the Delta Fair Property to the Contra Costa County (County) for the purposes of building housing and services to address homelessness. The grant deed contained rest rictions pertaining to the use of the property, the City’s right to reenter, and covenants on the property.

Under the first restriction pertaining to use of the property, the County was required to use property only for navigation centers/assessment centers, emergency shelter, transitional and bridge housing, and/or permanent supportive housing for individuals experiencing homelessness.

The second restriction imposed a deadline on the County for commencing and completing construction of the facility o n the property. The County was required to commence construction of the facility within two (2) years after recording of the grant deed. However,

Antioch City Council Report
April 11, 2023 Agenda Item# M 2
the deadline for commencement of construction has passed and no construction has been commenced on the site. Therefore, the City contacted the County and exercised its right to reenter and take possession of the real property.

T
he County has provided the City with a grant deed conveying the property back to the City. The City Council’s acceptance of the grant deed will enable the conveyance of the property back to the City.

AT

TACHMENTS
A. Resolution
B. Grant Deed
C. Contra Costa County Assessor’s Parcel Map
RESOLUTION NO. 2023/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING

THE ACCEPTANCE OF A GRANT DEED CONVEYING TO THE CITY OF ANTIOCH PROPERTY LOCATE D AT DELTA FAIR BLVD. (ASSESSOR'S PARCEL NUMBER 074-080-034-7) CONSISTING OF APPROXIMATELY 4.79 ACRES LOCATED ALONG

THE SOUTHERN LINE OF DELTA FAIR BOULEVARD, IMMEDIATELY EAST OF THE

ANTIOCH CITY LIMIT, IN THE CITY OF ANTIOCH
WHEREAS, on March 11, 2020, the City of Antioch (“City”) signed and notarized a grant deed that conveyed the Delta Fair Property (Assessor's Parcel Number 074-080- 034-7) to the Contra Costa County ( “County”) for the purposes of building housing and services to address homelessness;
WHEREAS, t he grant deed contained restrictions pertaining to the use of the property, the City’s right to reenter, and covenants on the property; WHEREAS, the grant deed required the County to use the property only for navigation centers/assessment centers, emergency shelter, transitional and bridge housing, and/or permanent supportive housing for individuals experiencing homelessness (“Approved Use”);
WHEREAS, the grant deed authorized the City to reenter and take possession of the property if the County (a) uses the Property for any other use other than the Approved Use; (b) fails to commence construction of the facility for the Approved Use within two years after recording of the grant deed; or (c) fails to complete construction of the facility for the Approved Use within three years after commencing construction of the facility; WHEREAS, the deadline for commencement of construction on the Property has passed and no construction has been commenced on the Property; WHEREAS, the City has exercised its right to reenter and take possession of the Property;
WHEREAS, the County has provided the City with a grant deed conveying the property back to the City; and
WHEREAS, the City Council has considered authorizing acceptance of the grant deed to enable conveyance of the Property back to the City.

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

1. Ac
cepts the grant deed conveying property located at Delta Fair Blvd. (Assessor's Parcel Number 074- 080-034-7) consisting of approximately 4.79 acres of real

ATTACHMENT A
property located along the southern line of Delta Fair Boulevard, immediately east of the Antioch city limit, in the City of Antioch; and

2. Authorizes the City Attorney to execute the Certificate of Acceptance for the Property in substantially the form attached to this resolution. * * * * * * * *
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 11 th day of April 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________

ELIZABETH HOUSEHOLDER, MPP

CITY CLERK OF THE CITY OF ANTIOCH

ATTACHMENT B

ATTACHMENT C
DATE:

TO:

SUBMITTED BY:

APPROVED BY:

SUBJECT:

CITY OF

ANTIOCH

CALIFORNIA

STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of April 11, 2023
Honorable Mayor and Members of the City Council
Anthony Morefield, Police Captain
Steven A. Ford, Chief of Polic@
Police Crime Prevention Commission Review of Past Purpose and Future Value

RECOMMENDED ACTION
It is recommended that the City Council discuss the future relevance of the Police Crime Prevention Commission.

FISCAL IMPACT
This discussion has no fiscal impact.

DISCUSSION
Background - The Antioch Police Crime Prevention Commission makes recommendations to the City Council relative to crime prevention and reports on programs. Commissioners are involved in public presentations, coordination of various Neighborhood Watch groups, and special community events such as National Night Out.

The Commission consists of 7 members, who each serve a 4-year term. Applicants must not be a full-time police officer. The Commission meets on the third Monday evening of the month barring holidays at which time the meeting will be held the following Wednesday.

Due to a lack of attendance and commissioner vacancies, the Police Crime Prevention Commission has met infrequently during the calendar years 2021 and 2022. Worthwhile endeavors like Neighborhood Watch and National Night Out can still exist outside the purview of the Commission through the Police Department staff as well as our Volunteers in Police Services (VIPS) program. The benefits of the Police Crime Prevention Commission should be evaluated in the context of limited staff resources and other initiatives with greater impact.

The City Council is asked to provide direction on the future of the Police Crime Prevention Commission. The following alternatives are provided for discussion:
4 Agenda Item #
Antioch City Council Report
[April 11, 2023] Agenda Item# 4 2

1. Reinstate the Police Crime Prevention Commission by seeking 7 new members

2. Dissolve the Police Crime Prevention Commission

3. Other City Council recommendation

ATTACHMENTS
None
5 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of April 11, 2023

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Consideration of a Change to the City Administration’s Organizational Structure by Transferring, from the City Manager to the City Council, the Authority to Appoint, Supervise, and Remove the Chief of Police

RECOMMENDED ACTION
It is recommended that the City Council provide direction to staff regarding whether to prepare an ordinance changing the organizational structure of the City’s administration by transferring, from the City Manager to the City Council, the authority to app oint, supervise, and remove the Chief of Police.

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

DISCUSSION
The purpose of this staff report is to provide information, so the City Council can consider whether it seeks to change the organizational structure of the City’s administration by transferring, from the City Manager to the City Council, the authority to appoint, supervise, and remove the Chief of Police.

City Council’s Statutory Authority
City councils are granted wide latitude in deciding how a city will be administered and operated. The Government Code provides a city council with the statutory authority to appoint and remove the chief of police. ( Gov. Code, § 36505; Gov. Code, § 36506.) A city council can also adopt a city manager form of government and vest the authority, by ordinance, in the city manager to appoint and remove the chief of police and other subordinate appointive officers and employees, except the city attorney. (Gov. Code, § 34856.)
The City of Antioch currently operates under a city council -city manager form of government. The ordinance establishes the authority of the City Manager and vests the

Antioch City Council Report
April 11, 2023 Agenda Item#5 2

authority to appoint, remove, and supervise the Chief of Police. In the city council-city manager form of government, the city council conducts policymaking functions, approves the budget and certain decisions, and supervises the city manager and the city attorney.

The chief of police is generally appointed and supervised by the city manager.

In some cities, the city council appoint s department heads, including the chief of police.

Under this organizational structure, the chief of police reports directly to the city council, but many routine day -to-day police department issues may be coordinated by the city manager. In this way, more routine matters are handled by the city manager and the city council has a more direct relationship with the chief of police. An example of this structure is found in the City of Fullerton, CA, where the Chief of Police is appointed by and serves at the pleasure of the City Council. (Ord. 3185,§ 2, 2012)

The City of Antioch Has a Council-City Manager Form of Government The C ity of Antioch has a council -city manager organizational structure. The City Manager is responsible to the City Council for the efficient administration of all the affairs of the City that are under his control.

The City Manager exercise s control over all departments and divisions of the C ity government and over all appointive officers and employees, except as provided by local, state, or federal law. T he City Manager has power, subject to the City personnel rules, to employ, discipline, or remove all heads of departments or subordinate officers and employees, to transfer employees from one department to another, and to consolidate or combine offices, positions, departments, or units under his or her jurisdiction. 1 The Police Oversight Standing Committee Previously Considered Transferring the Authority to Appoint and Remove the Chief of Police from the City Manager to the City Council
In 2021, the City Council explored the idea of changing the authority of the City Manager to hire and remove the Chief of Police. At the Oc tober 26, 2021 meeting of the Police Oversight Standing Committee, Mayor Thorpe, Mayor Pro Tem Wilson and Council Member Torres-Walker requested a working draft of the Police Chief hiring process that includes the following: an external recruitment pool, one representative from each district involved in the hiring process, the City Council’s ability to ratify the contract prior to hiring.

Notably, the City Council expressed interest in transferring authority from the City Manager to the City Council to make the final decision regarding hiring of a police chief.

At the November 23, 2021 meeting, former City Manager Ron Bernal prepared a staff report on the City’s “Police Chief Recruitment and Hiring Process”. Council member Barbanica made a motion to approve the policy prepared by City Manager Bernal. The motion was seconded by Council member Ogorchock , but it failed with only Councilmembers Barbanica and Ogorchock voting in favor of it. Mayor Pro Tem Wilson and Councilmember Torres-Walker voted against the motion. Mayor Thorpe was absent.

1 This authority does not apply to the City Attorney, the City Clerk, or the City Treasurer.

Antioch City Council Report
April 11, 2023 Agenda Item#5 3

At the end of that meeting, Councilmember Torres -Walker requested a Municipal Code review of the police chief appointment process to include the City Council.

Transferring the Appointment Supervision, and Removal Authority for the Chief of Police from the City Manager to the City Council Would Require Amending the Antioch Municipal Code
The existing structure of the city council-city manager form of government is established by ordinance. Therefore, the Antioch Ci ty Council would need to adopt an ordinance amending the City’s municipal code if it desired to change the reporting structure of the Chief of Police. A new ordinance could remove the existing authority of the City Manager with regard to the Chief of Poli ce position and vest the authority to appoint, supervise, and remove the Chief of Police in the City Council.

Supervision and Performance Evaluation of the Chief of Police

The Chief of Police is currently supervised by the City Manager. If the Chief of Police were to report directly to the City Council, then the City Council would supervise the Chief and evaluate his performance. This authority would be vested in the City Council as a whole. The procedure for supervising this position could include annual, semi -annual, and/or as-needed performance evaluations. If the City Council desires to maintain closer oversight, the City Council could meet more regularly for this purpose. I t would also be exercised by the City Council as a whole vi a noticed closed and open session public meetings.

Under this reporting structure, the City Manager, City Attorney, and Chief of Police would all report to the City Council. Therefore, the City Council may wish to consider the extra workload for an additional direct report. That being said, a direct reporting relationship between the City Council and the Chief of Police may support enhanced communication and alignment between the City Council and the Police Chief.

On the other hand, if the City Council elects to retain the current reporting relationship between the City Manager and t he Chief of Police, the City Manager could include community-provided information in the evaluation the Police Chief.

The California League of Cities, in its Mayors and Council Members Resource Guide, describes the importance of the relationship between the City Council and Police Department as follows:

“The internal policies and procedures of the [police] department are determined by the police chief and need to be consistent with the law and policies of the city manager or city administrator and the council. Since the police function is primarily concerned with a broad range of order maintenance activities and with the provision of services to the community, these matters are clearly local concerns requiring responsiveness to the public and accountabil ity to community priorities.

Coordination of services, development of priorities, and maintenance of a balance between the services offered and the financial resources of the community require that the agencies delivering the services be responsible to the public. The Antioch City Council Report
April 11, 2023 Agenda Item#5 4

determination of what services a police agency will provide, what priorities will exist, and what police responses will be sanctioned are proper decisions for the city council. A police department exists within a political arena, and a city co uncil can be asked to answer to the electorate based on the actions of the police department. It is therefore, important that a police department understand its connection and relationship within this political arena.”

The City Council may also be well positioned to eval uate the effectiveness of the police department by soliciting input from their respective constituencies. The City Council has extensive relationships that position them to understand the perception of the police by diverse communities of residents, the business community, the faith -based community, and by other communities and individuals interacting with law enforcement. For example, the presence of officers on “Patrol” assignment on the streets may be perceived differently by different segments of the community; for some it may suggest comforting security, but others may view it as intimidating. Certain statistical measurements may suggest varying degrees of productivity, but these may be counter to the community’s perception.

City Council Discussion and Public Comment

The City Council’s decision of whether to transfer, from the City Manager to the City Council, the authority to appoint, supervise, and remove the Chief of Police is likely to have city-wide implications. Therefore, the City Council may wish to invite input from the City Manager, department heads, other city staff, and the broader Antioch community.

ATTACHMENTS
A. Antioch Municipal Code: City Manager
B. Fullerton Municipal Code: Appointment of Chief of Police C. November 11, 2021 Police Oversight Commission Staff Report: Police Chief Recruitment and Hiring Process
D. October 26, 2021 Police Oversight Com mission Staff Report: Police Chief Recruitment and Hiring Process
4/5/23, 10:35 AM https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ 1/4 CHAPTER 2: CITY MANAGER
Section
2-2.01 Office established
2-2.02 Appointment; qualifications
2-2.03 Removal
2-2.04 Resignation
2-2.05 Acting City Manager
2-2.06 Powers and duties
2-2.07 Powers and duties; purchases
2-2.08 Powers and duties; requisitions
2-2.09 Powers and duties; claims and demands
2-2.10 Council interference
2-2.11 Council direction and control
2-2.12 City Manager administrator only
2-2.13 Political activities prohibited
2-2.14 Salary
2-2.15 Bond
§ 2-2.01 OFFICE ESTABLISHED.

The office of City Manager for the city is hereby established. ('66 Code, § 2-2.01) (Ord. 246-A, passed 1-13-48)
§ 2-2.02 APPOINTMENT; QUALIFICATIONS.

The City Manager shall be appointed by the Council solely on the basis of his executive and administrative qualifications. No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after he has ceased to be a member of the Council.
('66 Code, § 2-2.02) (Ord. 246-A, passed 1-13-48)
§ 2-2.03 REMOVAL.

The Council shall, by majority vote of its members, appoint a City Manager for an indefinite term and may, by majority vote after not less than 30 days' notice to the City Manager, remove the City Manager from office for any reason, but it is expressly provided that the Council shall, at the time of giving such 30 days' notice, either orally or in writing, state to the City Manager the reason or reasons therefor. ('66 Code, § 2-2.03) (Ord. 246-A, passed 1-13-48; Am. Ord. 415-A, passed 6-9-58)

ATTACHMENT A
4/5/23, 10:35 AM https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ 2/4 § 2-2.04 RESIGNATION.

Should the City Manager desire to resign or in any other manner terminate his employment with the city, he shall first give 30 days' written notice of his intention to resign or otherwise terminate his employment to the Council, and during such 30 day period shall be required to perform his duties as City Manager unless the Council shall otherwise provide by resolution. ('66 Code, § 2-2.04) (Ord. 246-A, passed 1-13-48)
§ 2-2.05 ACTING CITY MANAGER.

During the absence or disability of the City Manager, the Council may designate some properly qualified person to perform the duties of the office of the City Manager. ('66 Code, § 2-2.05) (Ord. 246-A, passed 1-13-48)
§ 2-2.06 POWERS AND DUTIES.
(A) The City Manager shall be the administrative head of the city government under the direction and control of the Council, except as otherwise provided by law. He shall be responsible to the Council for the efficient administration of all the affairs of the city which are under his control. (B) In addition to the City Manager's general powers as administrative head and not as a limitation thereon, it shall be his duty and he shall have the power:
(1) To see that all laws and ordinances are duly enforced; (2) Subject to the city personnel rules, to employ, discipline, or remove all heads of departments or subordinate officers and employees, to transfer employees from one department to another, and to consolidate or combine offices, positions, departments, or units under his or her jurisdiction. Nothing contained in this subdivision shall apply, however, to the City Attorney, the City Clerk, or the City Treasurer;
(3) To exercise control over all departments and divisions of the city government and over all appointive officers and employees thereof, except as provided in this chapter; (4) To attend all meetings of the Council and its committees unless excused therefrom by the Council or the committee, and except when the City Manager's removal is under consideration by the Council;
(5) To recommend to the Council for adoption such measures and laws as he deems necessary or expedient;
(6) To keep the Council at all times advised as to the financial conditions and needs of the city, and at least quarterly to submit a financial report;
(7) To prepare the budget annually, submit it to the Council, and be responsible for its administration after adoption;
(8) To prepare and submit to the Council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year; (9) To prepare and recommend to the Council a salary plan; (10) To purchase all supplies for all of the departments or divisions of the city, and no expenditure shall be submitted or recommended to the Council except upon the report or approval of the City Manager;
4/5/23, 10:35 AM https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ 3/4 (11) To make investigations into the affairs of the city, or any department or division thereof, or any contract or the proper performance of any obligation running to the city; (12) To investigate all complaints in relation to all matters concerning the administration of the government of the city and in regard to the service maintained by public utilities in the city and to see that all franchises, permits, and privileges granted by the city are faithfully observed; (13) To exercise general supervision over all public buildings, public parks, streets, and other public property which are under the control and jurisdiction of the Council; (14) To prepare and submit to the Council an organization chart showing the organization plan for all departments of the city government;
(15) To issue on behalf of the Council all licenses and permits not otherwise provided for by law; (16) To superintend the construction of all public work done by the city; (17) To devote his entire time to the duties and interests of the city; and (18) To perform such other duties and exercise such other powers as may be delegated by ordinance or motion of the Council.
('66 Code, § 2-2.06) (Ord. 246-A, passed 1-13-48; Am. Ord. 415-A, passed 6-9-58) § 2-2.07 POWERS AND DUTIES; PURCHASES.

The City Manager shall be the purchasing agent of the city. It shall be his duty to make all purchases for and in behalf of the city upon requisitions presented and approved in accordance with the provisions of this chapter; provided, however, in those cases where the laws of the state require that sealed proposals be called for by the Council, the City Manager shall lay before the Council such information as may assist the Council in accepting or rejecting such proposals. ('66 Code, § 2-2.07) (Ord. 246-A, passed 1-13-48)
§ 2-2.08 POWERS AND DUTIES; REQUISITIONS.

No officer or employee shall incur any indebtedness on behalf of the city unless the power to do so has been expressly conferred upon such officer by the laws of the state, except upon a requisition signed by the City Manager.
('66 Code, § 2-2.08) (Ord. 246-A, passed 1-13-48)
§ 2-2.09 POWERS AND DUTIES; CLAIMS AND DEMANDS.

No claim or demand shall be audited or allowed by the Council which is not approved by the City Manager.
('66 Code, § 2-2.09) (Ord. 246-A, passed - - )
§ 2-2.10 COUNCIL INTERFERENCE.

Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council, nor any member thereof, shall give orders to any of the subordinates of the City Manager.
('66 Code, § 2-2.10) (Ord. 246-A, passed 1-13-48)
§ 2-2.11 COUNCIL DIRECTION AND CONTROL.
4/5/23, 10:35 AM https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ https://export.amlegal.com/api/export-requests/33c7089d-7a65-4b3b-b0d1-dd2aa97f8cae/download/ 4/4 Notwithstanding the provisions of § 2-2.10 of this chapter, nothing contained in this chapter shall be deemed to restrict or prohibit the Council, acting in its official capacity, from exercising complete direction and control over the City Manager in all matters pertaining to the government of the city, and it is expressly provided that the City Manager shall promptly execute all lawful orders issued to him by the Council, acting in its official capacity.
('66 Code, § 2-2.11) (Ord. 246-A, passed 1-13-48; Am. Ord. 415-A, passed 6-9-58) § 2-2.12 CITY MANAGER ADMINISTRATOR ONLY.

There is hereby retained to the Council the sole power of being the policy making and legislative body for the city, and the duties and powers of the City Manager are expressly confined to the administration service of the city.
('66 Code, § 2-2.12) (Ord. 246-A, passed 1-13-48)
§ 2-2.13 POLITICAL ACTIVITIES PROHIBITED.

The City Manager shall not participate in any city political activities or politics. ('66 Code, § 2-2.13) (Ord. 246-A, passed 1-13-48)
§ 2-2.14 SALARY.

The City Manager shall receive such salary as the Council shall from time to time determine and fix by resolution or motion.
('66 Code, § 2-2.14) (Ord. 246-A, passed 1-13-48)
§ 2-2.15 BOND.

The City Manager shall furnish a surety company bond, to be approved by the Council, in such sum as may be determined by the Council.
('66 Code, § 2-2.15) (Ord. 246-A, passed 1-13-48)
Chapter 2.06

CHIEF OF POLICE
Sections:

2.06.010. Appointment of Chief of Police.

2.06.020. Duties and responsibilities

2.06.010. Appointment of Chief of Police.

The Chief of Police shall be appointed by and serve at the pleasure of the City Council. (Ord. 3185, § 2, 2012)

2.06.020. Duties and Responsibilities.

Under general administrative direction is responsible for all activities of the Police Department, which is charged with the enforcement of laws and regulations and the provision of round-the-clock protection of lives and property, and performs related work as required. (Ord. 3185, § 2, 2012)

ATTACHMENT B
4 Agenda Item #
S

TAFF REPORT TO THE CITY COUNCIL

MEETING AS THE POLICE OVERSIGHT STANDING COMMITTEE
DAT
E: Meeting of November 23, 2021
T
O: Honorable Mayor and Members of the City Council
S
UBMITTED BY: Ron Bernal, City Manager
SUBJ
ECT: Police Chief Recruitment and Hiring Process

RECOMMENDED ACTION
It is recommended that the City Council discuss and recommend a policy by formal action at a regular meeting of the Antioch City Council or provide direction to staff in accordance with the standing committee’s instructions.

FISCAL IMPACT
There is no fiscal impact at this time.

DISCUSSION
At the October 26, 2021 meeting, the standing committee received an overview of the current hiring process for the Police Chief. The City Council directed staff by consensus to incorporate several additional elem ents. The revised approach is summarized and recommended as follows:

1. The Cit
y Manager selects o ne individual from each Council district to be a participant in the Search Committee.

2. The City Manager works in tandem with HR and the Search Committee to review and update the job description and minimum qualifications for the position as appropriate.

3. Th
e City Manager initiates the RFP process to solicit and select an executive search firm to conduct a nationwide recruitment. Once a firm is selected, the brochure content is developed, as well as the overall timeline and approach.

Once an adequate applicant pool is achieved, the executive search firm reviews applications and identifies candidates for interview.

4. Di
fferent audiences convene in a panel interview format, including city managers, public safety executives, department heads, police department personnel, the Search Committee and other community members.
.

ATTACHMENT C
November 23, 2021 Agenda Item 4 2

5. Once the panel interview process informs the ranking of candidates, the City Manager interviews the top candidates for final ranking. The City Council Members are advised of the finalist.

6. The City Manager makes a conditional offer to the top candidate.

7. The recruiting firm conducts a thorough background check which includes credit history, criminal background, professional and personal references and neighbors. The finalist’s current / last place of employment may be visited to gather additional information.

8. Upon clearance of all conditions, the City Manager notifies the Mayor and City Council Members, makes the appointment, followed by a public announcement.

The standing committee’s request to have the City Council ratify the Police Chief contract is in conflict with the existing Antioch Municipal Code. As such, contract ratification is not incorporated in the above proposed policy.

Some additional elements for an enhanced community engagement effort may also be of interest. These include:

• The recruiter’s facilitation of Town Hall style meeting(s) that would include the Mayor and City Council, Search Committee and the community at-large.

• Polls and surveys to gather information on the community’s desires and expectations.

Approaches like these could inform the task of revising the Police Chief job description which would require City Council approval.

Once the standing committee determines what elements to include in the new Police Chief recruitment policy, the recommendation would be brought before the City Council for approval.

ATTACHMENTS
None
5 Agenda Item #
ST

AFF REPORT TO THE CITY COUNCIL

MEETING AS THE POLICE OVERSIGHT STANDING COMMITTEE
DATE
: Meeting of October 26, 2021
TO: H
onorable Mayor and Members of the City Council
SUBM
ITTED BY: Ro sanna Bayon Moore, Assistant City Manager
APPR
OVED BY: Ron Bernal, City Manager
SUBJE
CT: Police Chief Recruitment and Hiring Process

RECOMMENDED ACTION
It is recommended that the City Council approve a policy by formal action at a regular meeting of the Antioch City Council or p rovide direction to staff in accordance with the standing committee’s instructions.

FISCAL IMPACT
There is no fi scal impact at this time.

DISCUSSION
It was previously requested that this item be placed on the agenda for review and discussio n. As background information, staff p repared a description of the hiring process for the Chief of Police, which is typical for all department head positions that are directly hired by the City Manager. The steps are described as follows:

1. Wor
k in tandem with HR to review and update the job description and minimum qualifications for the position as appropriate.

2. If an i
n house pool exists, determine whether an internal or external recruitment best serves City goals and agency needs.

3. If an i
nternal recruitment is the selected pathway, publish minimum qualifications, open the application process and establish the candidate pool. Review applications and invite qualifying applicants to the interview process.

4. If an ex
ternal recruitment is the selected pathway, initiate the RFP process to solicit and select an executive search firm to conduct the recruitment. Once a firm is selected, contribute to brochure content and work with firm to establish the

ATTACHMENT D
Antioch City Council Report
October 26, 2021 Agenda Item 5 2
overall timeline and approach. Once adequate applicant pool is achieved, review applications and identify candidates for interview.

5. Ut
ilize a panel interview format comprised of different audiences - city managers, public safety executives, department heads, police department personnel and community members.
.

6. Once the panel interview process informs the ranking of candidates, City Manager interviews the top candidates then extends conditional offer to the top candidate.

7. C
onduct a thorough background check which includes, credit history, criminal background, professional and personal references, neighbors. If an external candidate is selected, visit finalist’s current / last place of employment to gather additional information.

8. Upon c
learance of all conditions, make appointment and announce appointment.