ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, August 22, 2023
Time: 6:15 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see 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 Kwame P. Reed, 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 enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].
ANTIOCH CITY COUNCIL -1- AUGUST 22, 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 meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: 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.
N
otice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, f
ill out a Speaker Request form and place it 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 agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
6:15
P.M. ROLL CALL – CLOSED SESSION – for Council Members – All Present
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY
ATTORNEY. This closed session is authorized pursuant to California Government Code section 54957.
No reportable action
6:16
P.M. MOTIONED TO ADJOURN CLOSED SESSION
7:03
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
MOMENT OF SILENCE IN MEMORY OF LEO FONTANA
ANTIOCH CITY COUNCIL -2- AUGUST 22, 2023
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
COUNCIL MEMBER OGORCHOCK REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE COUNCIL REGULAR AGENDA ITEM #7 AND PUBLIC HEARING ITEMS #6 AND #5 TO BE HEARD IN THAT ORDER AFTER THE PROCLAMATIONS; APPROVED, 5/0
MAYOR THORPE REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE ITEM #3 – PROCLAMATIONS TO BE HEARD AS THE NEXT ORDER OF BUSINESS; APPROVED, 5/0
3. PROCLAMATIONS
• Antioch Christian Center – 25
th Year Anniversary, August 2023
• Recognizing Dr. Carol Weyland Conner’s Humanitarian Contributions to the City of Antioch
• Pentecostal Missionary Church of Christ (4th Watch) – 50th Golden Church Anniversary, August 27, 2023
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamations.
COUNCIL REGULAR AGENDA
7. ZERO EMISSION VEHICLE TRANSITION PROJECT
Reso No. 2023/133 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving an amendment to the Fiscal Year 2023/24 Operating Budget to increase the funding from the General Fund for the Zero Emission Vehicle Transition Project by $1,226,760 for a total amount of $1,361,814.
ANTIOCH CITY COUNCIL -3- AUGUST 22, 2023
PUBLIC HEARING
6. INTRODUCTION OF ORDINANCE CHANGING 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
To September 12, 2023, for adoption, 3/2 (Barbanica and Ogorchock) Recommended Action: It is recommended that the City Council introduce by title only and waive further reading of the ordinance (1) amending section 2-
2.06(B)(2) of the Antioch Municipal Code removing the Chief of Police from the City Manager’s appointment, discipline, and removal power, and (2) adding a new Article 4 to Chapter 3 of Title 2 of the Antioch Municipal Code, so that the Chief is appointed by and serves at the pleasure of the City Council, and setting out some general duties and responsibilities of the Police Chief.
8:43
P.M. RECESS
8:49 P.M. RECONVENED, ROLL CALL – All Present
MAYOR PRO TEM TORRES-WALKER REQUESTED A MOTION TO SUSPEND THE RULES AND RECONSIDER THE PREVIOUS MOTION FOR PUBLIC HEARING ITEM #6; APPROVED 5/0
6. INTRODUCTION OF ORDINANCE CHANGING 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
To September 12, 2023, for adoption with an amendment to take effect and be enforced 90 days after adoption, 3/2 (Barbanica and Ogorchock) Recommended Action: It is recommended that the City Council introduce by title only and waive further reading of the ordinance (1) amending section 2-
2.06(B)(2) of the Antioch Municipal Code removing the Chief of Police from the City Manager’s appointment, discipline, and removal power, and (2) adding a new Article 4 to Chapter 3 of Title 2 of the Antioch Municipal Code, so that the Chief is appointed by and serves at the pleasure of the City Council, and setting out some general duties and responsibilities of the Police Chief.
COUNCIL MEMBER BARBANICA REQUESTED A MOTION TO SUSPEND THE RULES AND MOVE GENERAL PUBLIC COMMENTS TO BE HEARD AS THE NEXT ORDER OF BUSINESS; APPROVED 5/0
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.
ANTIOCH CITY COUNCIL -4- AUGUST 22, 2023
PUBLIC HEARING – continued
COUNCIL MEMBER BARBANICA RECUSED HIMSELF PRIOR TO THE DISCUSSION OF PUBLIC HEARING ITEM #5
5. INTRODUCE ORDINANCE PROHIBITING RETALIATION AND HARASSMENT OF
RESIDENTIAL TENANTS
11:04 P.M. DURING THE DISCUSSION OF ITEM #5, MAYOR PRO TEM TORRES -WALKER
REQUESTED A MOTION TO SUSPEND THE RULES AND EXTEND THE MEETING FOR AN ADDITIONAL 7 MINUTES; APPROVED 4/0
To September 12, 2023, for adoption with the following ordinance amendments:
[Amendment #1]
Section 4. 11-5.03 “HARASSMENT BY LANDLORD PROHIBITED”
ADD to Section (A)(8) “…If applicable law allows for the towing of the vehicle, then towing the vehicle does not constitute harassment.”
[Amendment #2]
Section 4. 11-5.03 “HARASSMENT BY LANDLORD PROHIBITED”
ADD to Section (A)(23) “…on engaging in other political activities when hosted by a tenant.”
[Amendment #3]
Section 4. 11-5.[07] “REMEDIES AND PENALTIES”
ELIMINATE from Section 4. 11-5.[07] (A) Criminal Penalty. “…by imprisonment in the county jail for a period of not more than six months or both.”
[Amendment #4]
Section 4. 11-5.02 “EXEMPTIONS”
ELIMINATE from Section (A) “…Senior Residential Home Care Facilities.”
3/1 (Ogorchock)
[Barbanica – Recused]
Recommended Action: It is recommended that the City Council introduce by title only and waive further reading of the Ordinance adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code prohibiting retaliation and harassment of residential tenants.
COUNCIL MEMBER BARBANICA RETURNED TO THE DAIS AFTER COUNCIL VOTE ON PUBLIC HEARING ITEM #5
M
OTION TO ADJOURN – Motioned to adjourn meeting at 11:12 p.m., 5/0
ANTIOCH CITY COUNCIL -5- AUGUST 22, 2023
11:14 P.M. MAYOR THORPE REQUESTED A MOTION TO REOPEN THE MEETING; APPROVED 4/1 (OGORCHOCK)
MAYOR PRO TEM TORRES -WALKER REQUESTED A MOTION TO SUSPEND THE RULES AND MOVE THE CONSENT CALENDAR TO BE HEARD AS THE NEXT ORDER OF BUSINESS; APPROVED 5/0
4. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 25, 2023 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 8, 2023 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.
C. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. REJECTION OF CLAIM: HALL & LOADS, INC.
Rejected, 5/0
Recommended Action: It is recommended that the City Council reject the claim submitted by Hall & Loads, Inc.
ANTIOCH CITY COUNCIL -6- AUGUST 22, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
F. SECOND READING – ORDINANCE AMENDING ARTICLE 15 OF CHAPTER 5 OF TITLE 4 OF THE ANTIOCH MUNICIPAL CODE AND CHANGING THE PRIMA FACIA SPEED LIMIT ON VARIOUS ROADWAYS (P.W. 282-3A) (Introduced on August 8, 2023) Ord. No. 2230-C-S adopted, 5/0
Recommended Action: It is recommended that the City Council adopt an ordinance amending Article 15 of Chapter 5 of Title 4 of the Antioch Municipal Code “Special Speed Zones” in order to change the prima facie speed limit on certain streets.
G. SECOND READING – DESIGN GUIDELINES ZONING TEXT AMENDMENT (Introduced on August 8, 2023)
Ord. No. 2231-C-S adopted, 5/0
Recommended Action: It is recommended that the City Council adopt an ordinance amending Section 9- 5.2609 of the Antioch Municipal Code regarding design guidelines.
MAYOR THORPE RECUSED HIMSELF PRIOR TO THE DISCUSSION OF CONSENT CALENDAR ITEM #H
H. RENEWAL OF VESTING TENTATIVE SUBDIVISION MAP 357 -302-20, FINAL
DEVELOPMENT PLAN, AND DESIGN REVIEW
Reso No. 2023/134 adopted, 4/0 [Thorpe - Recused]
Recommended Action: It is recommended that the City Council adopt the resolution approving a one-year extension of the vesting tentative subdivision map, final development plan, and design review approvals for the Wild Horse Multifamily Project.
MAYOR THORPE RETURNED TO THE DAIS AFTER COUNCIL DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM #H
ANTIOCH CITY COUNCIL -7- AUGUST 22, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
I. FIRST AMENDMENT TO THE AGREEMENT WITH C&J FAVALORA TRUCKING, INC.
FOR THE FULTON YARD RECYCLING PROJECT
Reso No. 2023/135 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the first amendment to the Agreement with C&J Favalora Trucking, Inc. for the Fulton Yard Recycling Project in the amount of $1,650,000 for a total amount of $3,450,000 including up to a 20 percent contingency of the contract amount for a total contract amount of $4,140,000; and
2) Authorizing the Acting City Manager or designee to execute the first amendment to the Agreement in a form approved by the City Attorney.
J. AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH FOUNDRY
CONSTRUCTION FOR THE MAINTENANCE SERVICE CENTER WAREHOUSE IMPROVEMENTS (P.W. 143-R)
Reso No. 2023/136 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving an amendment to increase the construction
agreement with Foundry Construction Co. (“Contractor”) by $53,466 for a total agreement amount of $483,466 and extend the term of the agreement to December 31, 2023; and
2) Authorizing the Acting City Manager or designee to execute the amendment in a form approved by the City Attorney.
K. SMALL GOVERNMENT AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
Reso No. 2023/137 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving a sole source request for consulting services with Environmental Systems Research, Inc.; and
2) Authorizing the Acting City Manager to execute a consulting services agreement with Environmental Systems Research, Inc. for GIS licensing, software, and integrations for Public Works, for a total amount not to exceed $255,000.
ANTIOCH CITY COUNCIL -8- AUGUST 22, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
L. FIRST AMENDMENT TO THE AGREEMENT WITH TERRACARE ASSOCIATES FOR
PARK MAINTENANCE SERVICES
Reso No. 2023/138 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the first amendment to the Agreement with
Terracare Associates in the amount of $207,972 for a total amount of $4,517,771.25 for additional park maintenance services; and
2) Authorizing the Acting City Manager or designee to execute the first amendment in a form approved by the City Attorney.
M. FIRST AMENDMENT TO THE AGREEMENT WITH TERRACARE ASSOCIATES FOR
LANDSCAPE MAINTENANCE SERVICES
Reso No. 2023/139 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the first amendment to the agreement with
Terracare Associates for Landscape Maintenance Services in the amount of $131,898 for a total amount of $6,179,128; and
2) Authorizing the Acting City Manager or designee to execute the first amendment in a form approved by the City Attorney.
N. RESOLUTION TO ACCEPT THE CONVEYANCE OF TWO GRANTS OF EASEMENTS TO THE CITY OF ANTIOCH FOR THE DEER VALLEY ESTATES SUBDIVISION 9518 (MERITAGE HOMES OF CALIFORNIA) (P.W. 681-2)
Reso No. 2023/140 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution to accept the conveyance of two Grants of Easements for the Deer Valley Estates Subdivision 9518 from Kaiser Foundation
Hospitals.
ANTIOCH CITY COUNCIL -9- AUGUST 22, 2023
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
O. AWARDING AN AGREEMENT WITH SHARJO LLC DBA SERVICEMASTER
RESTORATION MANAGEMENT FOR ON -CALL HOMELESS ENCAMPMENT CLEANUP
SERVICES
Reso No. 2023/141 adopted amending
the effective date, 4/1 (Torres-Walker)
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding a Maintenance Services Agreement for On- Call Homeless Encampment Cleanup Services throughout the City to Sharjo LLC dba ServiceMaster Restoration Management for a three (3) year term from July 25, 2023, to June 30, 2026, in the amount of $1,365,000 with an option to extend two (2) additional years from July 1, 2026, to June 30, 2028, in an amount of $951,360 for a total contract amount not to exceed $2,316,360 over the five (5) year period;
2) Authorizing the Acting City Manager or designee to execute the Agreement in a form approved by the City Attorney; and
3) Authorizing the Acting City Manager or designee to implement the tentative agreement between the City and APWEA by
making the necessary budget amendments to the Street
Maintenance Operating Budget for Fiscal Year 2023/24 and Fiscal Year 2024/25 to cover the costs of the first two (2) years of the Agreement.
P. ACCEPTANCE OF THE DEDICATION OF THE ROADWAYS WITHIN AVIANO SUBDIVISION PHASE 3, TRACT NO. 9489 (P.W. 676-3)
Reso No. 2023/142 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution accepting the dedication of the roadways within Aviano
Subdivision Phase 3, Tract No. 9489 and authorizing the Acting City Manager or designee to accept the dedication of the roadway, including Sand Creek Road from Rigolato Drive to Dozier -Libbey Road and Dozier -Libbey Road from Sand Creek Road to the temporary access road to Deer Valley Road, which has been completed for Aviano Subdivision Phase 3, Tract No. 9489.
M
OTION TO ADJOURN – Motioned to adjourn meeting at 11:19 p.m., 5/0
ANTIOCH CITY COUNCIL -10- AUGUST 22, 2023
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 09/12/2023 COUNCIL MEETING TO BE HEARD]
COUNCIL REGULAR AGENDA – Continued from August 8, 2023, Council Meeting
1. RESOLUTION APPROVING A NEW CLASS SPECIFICATION FOR PROPERTY AND
EVIDENCE SUPERVISOR, ASSIGNING A SALARY RANGE, AND ASSIGNING THE CLASSIFICATION TO THE MANAGEMENT (MID/PROF.) BARGAINING UNIT
Recommended Action: It is recommended that the City Council adopt a resolution approving the New Class Specification for Property and Evidence Supervisor, assigning a salary range, and assigning the classification to the Management (Mid/Prof.) Bargaining Unit.
2. DISCUSSION ON HIRING OF RETIRED POLICE OFFICERS
Recommended Action: It is recommended that the City Council discuss the idea of potentially hiring retired police officers.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
PUBLIC COMMENTS
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 90 days.
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 22, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Ana Cortez, Human Resources Director /1'£{/' APPROVED BY: Kwame Reed, Acting City Manager
SUBJECT: Resolution Approving a New Class Specification for Property and Evidence Supervisor, Assigning a Salary Range, and Assigning the Classification to the Management (Mid/Prof.) Bargaining Ur:iit
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the New Class Specification for Property and Evidence Supervisor, assigning a salary range, and assigning the classification to the Management (Mid/Prof.) Bargaining Unit.
FISCAL IMPACT
The salary range (without benefits) for one (1) Property and Evidence Supervisor is $106,716 - $129,720. The total annual range of cost of funding one (1) Property and Evidence Supervisor is (Step A-Step E) $201,540 to $237,998. The position and funding was approved as a Police Evidence Supervisor in the adopted 2023-25 budget. The attached resolution will update the position title included in the budget.
DISCUSSION
This classification will plan, direct, manage, and oversee the activities and operations of Property and Evidence Unit and within the police department; supervises assigned staff, performs technical support duties to provide effective storage, maintenance, and control of police department property and evidence, and performs related duties as assigned.
Some of the duties include:
• Assume management responsibility for assigned services and activities of the Property and Evidence Unit within the police department; participate in the development and implementation of goals, objectives, policies, and priorities for assigned programs, recommend, and administer policies and procedures; monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; recommend best practices within department policy. • Plan, direct, coordinate and review the work plan for the Property and Evidence Unit staff; assign work activities, projects, and programs; review and evaluate work products, methods, and procedures, meet with staff to identify and resolve problems; 1 Agenda Item #
Antioch City Council Report
August 22, 2023 Agenda Item #1 2
ensure 24/7 day-to-day operations and functions of providing non-emergency police support services to the public and Police Officers are carried out in accordance with department policies; federal and state laws, and other requirements in the most efficient and effective manner that contributes to the safety and well-being of the public and department personnel.
• Coordinate recording and storing of all evidence and found property; coordinate security and maintenance of the department's property room in accordance with state law and best practices and department regulations and ensures compliance with relevant OSHA and City safety regulations; select, train, and motivate assigned personnel, coordinate training, work with employees to correct deficiencies; implement discipline and termination procedures; oversee and participate in the development and administration of the annual budget for the Property and Evidence Unit; perform regular and detailed audits of stored items and ensure integrity of records associated with inventory control and documentation; serves as a liaison with the Investigations Unit and patrol staff regarding property handing and chain of custody.
Please refer to Attachment A - Exhibit 1 for the Property and Evidence Supervisor Specification.
ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution - Property and Evidence Class Specification
ATTACHMENT A
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A NEW CLASS SPECIFICATION FOR PROPERTY AND EVIDENCE
SUPERVISOR, ASSIGNING A SALARY RANGE, AND ASSIGNING THE CLASSIFICATION TO THE MANAGEMENT (MID/PROF.) BARGAINING UNIT WHEREAS, the City has an interest in the effective and efficient management of the classification plan;
WHEREAS, the City recognizes the importance of having competent management and oversight of the Property and Evidence Unit activities and operations; WHEREAS, the City recognizes the Property and Evidence Supervisor position is more cost effective, prudent, and in line with industry standards; WHEREAS, for internal equity purposes the recommended salary range for the Property and Evidence Supervisor Classification is $8,892 - $10,810 per month; WHEREAS, the Management (Mid/Prof.) Bargaining Unit has reviewed and approved the Class Specification; and
WHEREAS, the title of Police Evidence Supervisor in the adopted 2023-25 budget should be replaced with Property and Evidence Supervisor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:
Section 1. The Class Specification for the classification of Property and Evidence Supervisor, attached hereto as "Exhibit 1", is hereby approved and added to the City of Antioch Employees' Classification System;
Section 2. The Property and Evidence Supervisor Classification is hereby assigned a monthly salary range of $8,893 - $10,810;
Section 3. The Property and Evidence Supervisor Classification is hereby assigned to the Management (Mid/Prof.) Bargaining Unit with Tier 3 Administrative Leave; and
Section 4. The title of Police Evidence Supervisor in the adopted 2023-25 budget shall be replaced with Property and Evidence Supervisor. * * * * * * * * * * *
RESOLUTION NO. 2023/**
August 22, 2023
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 22th day of August 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT 1
CITY OF ANTIOCH
PROPERTY AND EVIDENCE SUPERVISOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under administrative direction, directs, manages, supervises, and coordinates the activities and operations of the Property and Evidence within the Police Department; supervises assigned staff, performs technical support duties to provide effective storage, maintenance, and control of police department property and evidence; and performs related duties as assigned.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Assume management responsibility for assigned services and activities of the Property and Evidence Unit within the Police Department.
2. Manage and participate in the development and implementation of goals, objectives, policies, and priorities for assigned programs; recommend and administer policies and procedures.
3. Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; recommend, within departmental policy, appropriate service and staffing levels.
4. Plan, direct, coordinate, and review the work plan for the Property and Evidence Unit staff; assign work activities, projects, and programs; review and evaluate work products, methods, and procedures; meet with staff to identify and resolve problems.
5. Ensure 24/7 day-to-day operations and functions of providing non-emergency Police support services to the public and Police Officers are carried out in accordance with Department polices, state laws, and other requirements in the most efficient and effective manner that contributes to the safety and well-being of the public and departmental personnel.
6. Coordinate recording and storing of all evidence and found property; coordinates security and maintenance of department's property room in accordance with state laws, industry best practice, and department regulations; and ensures compliance with relevant OSHA and City safety regulations.
7. Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures.
8. Oversee and participate in the development and administration of the annual budget for the Property and Evidence Unit; participate in the forecast of funds needed for staffing, equipment, materials, and supplies; monitor and approve expenditures; implement adjustments.
9. Perform regular, detailed audits of stored items and ensures integrity of records associated with inventory control and documentation; serves as a liaison with investigations and patrol staff regarding property handling and security, and chain of custody.
CITY OF ANTIOCH
PROPERTY AND EVIDENCE SUPE RVISOR (CONTINUED)
10. Assist in the purchasing of property and evidence packaging, cleaning, and other supplies, equipment, and materials as necessary; research service providers and makes recommendations regarding contract services.
11. Secures court orders for the destruction of controlled substances and firearms on adjudicated cases.
Research officers' reports for required information. Enters crime gun information into California Law Enforcement Telecommunication System (CLETS).
12. Manage, issue, and track inventory of equipment for police department employees.
13. Respond to and resolve difficult and sensitive citizen inquiries and complaints; establishes and maintains positive working relationships with co-workers, City employees and the public using principles of good customer service.
14. Perform related duties as required.
QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
• Principles and practices of law enforcement property and evidence room management. • Methods, procedures, principles, practices, and terminology used in property and evidence handling, processing, recording, preservation, storage, destruction, and release. • Pertinent federal, state, and local laws, codes, and regulations including those relating to the safekeeping, processing, and disposition of property and evidence. • Principles of supervision, training, and performance evaluation. • Principles and practices of project management and administration. • Principles of budget management.
• Law enforcement systems and technology platforms including current and emerging technologies.
• Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases. • Principles and practices of customer service.
Ability to:
• Oversee and participate in the management of the Police Department's Property and Evidence Unit.
• Oversee, direct, and coordinate the work of lower-level staff. • Select, supervise, train, and evaluate staff.
• Participate in the development and administration of division goals, objectives, and procedures.
• Prepare and administer budgets.
• Prepare clear and concise administrative and financial reports. • Research, analyze, and evaluate new service delivery methods and techniques. ■ Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals.
• Understand the organization and operation of the City, assigned programs, and of outside agencies as necessary to assume assigned responsibilities. • Interpret and apply federal, state, and local policies, laws, ,and regulations. • Understand software systems; evaluate and research products to be used in support services.
CITY OF ANTIOCH
PROPERTY AND EVIDENCE SUPER VISOR (CONTINUED)
• Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
• Adapt to changing technologies and learn functionality of new equipment and systems. • Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines
Education/Training:
Equivalent to the completion of the twelfth grade supplemented by college level course work in business administration, public administration, management, criminal justice, communications, or a related field. A Bachelor's degree is preferred.
Experience:
Three years of increasingly responsible experience in the coordination and disposition of Property and Evidence or forensic science or crime scene investigations.
License:
Possession of an appropriate, valid driver's license. An out-of-state valid Motor Vehicle Operator's License will be accepted during the application process, but a valid California license must be obtained within six (6) months of appointment to the position.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Work is performed primarily in a standard office setting and may be occasionally exposed to fumes, airborne particles, and toxic or caustic chemicals; extreme cold, extreme heat, risk of electrical shock, risk of radiation, and vibration; and the noise level in the work environment is usually moderate.
Physical: Primary functions require sufficient physical ability and mobility to work in an office and evidence room setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.
FLSA: Exempt
Created: July 2023
This class specification identifies the essential functions typically assigned to positions in this class.
Other duties not described may be assigned to employees in order to meet changing business needs or staffing levels but will be reasonably related to an employee's position and qualifications. Other duties outside of an individual's skill level may also be assigned on a short-term basis in order to provide job enrichment opportunities or to address emergency situations.
2 Agenda Item #
ST
AFF REPORT TO THE CITY COUNCIL
DATE
:
TO:
Regular Meeting of August 22, 2023
Honorable Mayor and Members of the City Council
SUBM
ITTED BY: Kwame P. Reed, Acting City Manager/Economic Development Director
SUBJE
CT: Discussion on Hiring of Retired Police Officers
RECOMMENDED ACTION
It i s r ecommended that t he City C ouncil discuss t he id ea of potentiall y hirin g r etired police officers.
FISCAL IMPACT
The recommended action has no fiscal impact.
DISCUSSION
This item is for discussion and was placed on the agenda in response to a request by Councilmember Barbanica. The Acting City Manager, the Antioch Police Department, and the Human Resources Department are engaged in discussions to address current vacancies at the Police Department as soo n as possible.
Councilmember Barbanica sugges ted that the City cons ider hiring retired police officers to provide temporary coverage for certain non-s worn duties within the Police Department. The Acting City M anager will consider all options and make necessary efforts to address the c urrent staffing concerns in the Police Department.
ATTACHMENTS
None
ANTIOCH CHRISTIAN CENTER
25TH YEAR ANNIVERSARY
AUGUST 2023
WHEREAS, Antioch Christian Center is celebrating 25 years of ministry service during August 2023;
WHEREAS, Rev. Michael B. Bell and Mrs. Lesia Bell have provided 25 years of service to the Ministry of Christ, with Rev. Bell providing the last 9 years of service as Senior Pastor of Antioch Christian Center;
WHEREAS, Antioch Christian Center’s roots come out of San Francisco Christian Center under the pastorate of Bishop Donald E. Green;
WHEREAS, the first worship services for Antioch Christian Center, formerly Koinonia Christian Center, were held on August 2, 1998, led by Founding Pastor Paul Taylor and a group of dedicated individuals and families who met in Antioch in March 1998 to lay the foundation for this ministry;
WHEREAS, Antioch Christian Center has provided Christian counseling and education, youth and children’s ministry, and dynamic worship and fellowship; fostered healthy personal and social relationships; and positively impacted the quality of life for individuals, youth, and families in Antioch and surrounding areas;
WHEREAS, Antioch Christian Center ministers and members have helped to restore broken people to a place of community, interdependence, and self-sufficiency in Christ and created opportunities for broad community involvement in facilitating youth success and leadership; and
WHEREAS, Antioch Christian Center has formed collaborative partnerships in ministry and community service with the Youth Intervention Network, Sutter Delta Medical Center Chaplain Advisory Board, CCISCO, Love Never Fails, St. John’s Lutheran Church, and other faith organizations and ministries in Antioch, East Contra Costa, and overseas.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby commend the “Antioch Christian Center” for 25 years of exemplary service to the City of Antioch and extend best wishes for success in future endeavors.
AUGUST 22, 2023
__________________________________________
LAMAR A. THORPE, Mayor 3.01
08-22-23
RECOGNIZING DR. CAROL WEYLAND CONNER’S
HUMANITARIAN CONTRIBUTIONS TO THE CITY OF ANTIOCH
WHEREAS, Dr. Carol Weyland Conner, who peacefully passed away on April 22, 2023, founded White Pony Express in 2013, the volunteer-powered nonprofit which delivers fresh, surplus food gathered from supermarkets and restaurants to the hungry throughout the county;
WHEREAS, Dr. Conner believed, “There is a simple solution that can end the problems of hunger and marginalization for good—a new paradigm: voluntary shared abundance. In this model of life, responsibility for helping the family of man is assumed by everyone, or in the phrase White Pony Express uses, “All of us taking care of all of us!”
WHEREAS, over the last 10 years, White Pony Express has delivered more than 20 million free, fresh, and healthy meals and 1.5 million clothing items to residents of Contra Costa County, including Antioch;
WHEREAS, every week, White Pony Express provides fresh groceries and nutritious meals to Antioch low-income seniors, at-risk youth, the unhoused, new immigrant families, other vulnerable neighbors, and to students at Antioch Middle School;
WHEREAS, Dr. Conner founded the nonprofit Following Francis, which nurtures kindness, courage, and self-worth in children and has staged festive, outdoor “faires” and musical plays for nearly 15,000 children throughout the nation, including children in Antioch. Following Francis has also delivered gifts of clothing, groceries, gift baskets and household supplies to Antioch families at Dr. Conner’s request;
WHEREAS, during the pandemic, volunteers of White Pony Express and Following Francis participated in a project initiated by Dr. Conner which involved distributing cash gifts of $1,200 apiece to those identified by community partner organizations as being in dire need, including residents of Antioch. All told, approximately $1 million was given to individuals across the nation who were severely impacted by COVID; and
WHEREAS, Dr. Conner was the spiritual director of Sufism Reoriented, an American spiritual school founded by Meher Baba that honors all spiritual traditions and the essential unity of all life.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby recognize and commend the impact of Dr. Conner’s contributions and humanitarian efforts to serve the City of Antioch.
AUGUST 22, 2023
__________________________________________
LAMAR A. THORPE, Mayor
3.02 08-22-23
PENTECOSTAL MISSIONARY CHURCH OF CHRIST (4TH WATCH)
5OTH GOLDEN CHURCH ANNIVERSARY
AUGUST 27, 2023
WHEREAS, the Pentecostal Missionary Church of Christ (4th Watch) is a Christian denomination, founded by Chief Executive Arsenio T. Ferriol in the Philippines, and has been established in more than 71 countries of the world;
WHEREAS, Chief Executive Minister Arsenio T. Ferriol has envisioned reaching the far corners of the world with the Gospel of Jesus Christ and the doctrines of God;
WHEREAS, Presbyter Leticia S. Ferriol pioneered the work of the PMCC (4th Watch) in the United States over 30 years ago;
WHEREAS, for more than 25 years, Deputy Executive Minister Bishop Jonathan S. Ferriol, in partnership with his co-workers and elders, has been leading the PMCC (4th Watch) United States District to growth and expansion;
WHEREAS, Deputy Executive Minister Bishop Jonathan and Pastor Maritess Ferriol have served as the Senior Pastors of South Bay's PMCC (4th Watch) for over 25 years;
WHEREAS, the Pentecostal Missionary Church of Christ (4th Watch) celebrates 50 years with its Golden Church Anniversary celebration this year on August 27, 2023, at 2400 Sycamore Drive, Antioch, California; and
WHEREAS, the Pentecostal Missionary Church of Christ (4th Watch) believes that millions of lives have been impacted, transformed, and saved by the Gospel.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby commemorate and congratulate “Pentecostal Missionary Church of Christ (4th Watch)” on their 50th Golden Church Anniversary” on August 27, 2023, in recognition and celebration of the significant contributions to the City of Antioch.
AUGUST 22, 2023
__________________________________________
LAMAR A. THORPE, Mayor 3.03
08-22-23
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting July 25, 2023
7:00 P.M. Council Chambers
5:30 P.M. - CLOSED SESSION
Mayor Thorpe called the meeting to order at 5:30 P.M., and Acting City Clerk Rosales called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 1) Torres-Walker and Mayor Thorpe
1. CONFERENCE WITH LEGAL COUNSEL: Existing Litigation pursuant to Government Code section 54956.9; Frank Sterling v. City of Antioch, et al. United States District Court Northern District of California Case No. 3:22-cv-07558-TSH.
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY. This closed session is authorized pursuant to Government Code section 54957.
3. PUBLIC EMPLOYMENT – RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to Government Code section 54957(b).
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to California Government Code section 54956.8; Property: 809 -815 1st Street, Antioch, CA 94509 (APN: 066-091-015), Negotiating Parties: City of Antioch Negotiators: Kwame P. Reed, Acting City Manager and T homas Lloyd Smith, City Attorney; Lynn House Gallery Negotiator: Jody Mattison; Under Negotiation: Rent and terms of payment.
PUBLIC COMMENTS
Andrew Becker questioned why the news outlets published the City’s recruitment process prior to Council discussing the process during Closed Session.
Melissa Case requested citizens be involved in the selection process for the new City Manager.
Mayor Thorpe explained that Council had previously discussed conducting a national search for the City Manager.
ADJOURN TO CLOSED SESSION
Mayor Thorpe adjourned to Closed Session at 5:38 P.M.
7:00 P.M. REGULAR MEETING
A
08-22-23
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 2 of 13
Mayor Thorpe called the meeting to order at 7:00 P.M., and Acting City Clerk Rosales called the roll.
Present: Council/Agency 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.
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 , direction given to City Attorney , #2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY, no reportable action, #3 PUBLIC EMPLOYMENT – RECRUITMENT OF CITY MANAGER, direction given to Human Resources Director ; and, #4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Council voted to forgive past rent of $6,333.65 for COVID-19 period, by 4/0/1 vote with Councilmember Torres-Walker abstaining.
ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER
BARBANICA, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED PRESENTATION #2, COUNCIL REGULAR AGENDA ITEM #8 and PUBLIC HEARING ITEM #4 TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
2. PRESENTATION
Vanessa Rosales, Certified Municipal Clerk (CMC) Designation
Mayor Thorpe presented Vanessa Rosales, with her Certified Municipal Clerk (CMC) Designation certificate.
COUNCIL REGULAR AGENDA
Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to one and a half minutes.
8. ON-CALL HOMELESS ENCAMPMENT CLEANUP SERVICES
Acting Director of Public Works/City Engineer Buenting presented the staff report dated July 25, 2023, recommending the City Council: 1) Discuss contracting out homeless encampment cleanup services to a third-party contractor; and 2) Provide direction to staff on a funding source to provide these services.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 3 of 13
Chad Tresdell, Art Hernandez, Tedd Romano, Zach Looney, Miguel Santoyo, Bruce Cooke, Jeff Cook, representing Antioch Public Works and Todd Northam, representing the A ntioch Public Works Association , expressed concern regarding the safety of their members current ly performing homeless encampment cleanups and spoke in support of the City contracting out abatement services.
Andrew Becker commented that Public Works should not be performing homeless encampment cleanups and suggested departments working with unhoused residents be included in the conversation.
Frank Sterling commented that Public Works should not be performing homeless encampment cleanups. He suggested the City hire a culturally experienced consultant and involve the Angelo Quinto Crisis Response Team.
Christian Gutierrez discussed his experience with homelessness and suggested that those who were concerned about performing encampment cleanups find different employment.
On motio n by Councilmember Ogorchock , seconded by Councilmember Barbanica , the City Council directed staff to move forward with contracting out homeless encampment cleanups and authorized the Acting City Manager to make the appropriate budget adjustments. The motio n carried the following vote:
Ayes: Barbanica, Ogorchock, Wilson, Thorpe Abstain: Torres-Walker
PUBLIC HEARING
4. INTRODUCE ORDINANCE PROHIBITING RETALIATION AND HARASSMENT OF
RESIDENTIAL TENANTS
Councilmember Barbanica announced that under the direction and advice of City Attorney Smith, he would recuse himself from Public Hearing Item #4, and he left the dais.
City Attorney Smith presented the staff report dated July 25, 2023, recommending the City Council introduce by title only and waive further reading of the Ordinance Adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code Prohibiting Retaliation and Harassment of Residential Tenants.
Mayor Pro Tem Torres-Walker opened the public hearing.
Ethan Silverstein, ACCE Institute, Proponent, spoke in support of the ordinance as presented.
He noted it included a reasonable standard for violation s and captured enough violations and remedies. He felt arguments against the ordinance were invalid.
Rhovy Lyn Antonio, CA Apartment Ass ociation, discussed several provisions within the proposed ordinance that posed concerns for housing providers. She requested the City Council
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 4 of 13
reject the ordinance, review the provisions previously outlined and move forward with an inclusive process.
Joseph Stokley Sr, Real Estate Investor and L andlord, expressed concern that the proposed ordinance would result in fewer rental properties. He stated he worked with residents through difficult times and had only one eviction. He commented if the ordinance was enacted it would force him to sell his properties and reinvest elsewhere.
Ranae Callaway, Delta Association of Realtors, James Britto, Aeysha Corio, Realtor, Landlord and Concord Planning Commissioner and Joe Stokley Jr. expressed concern regarding several provisions within the proposed ordinance. They requested Council reconsider the current ordinance and work with stakeholders to advance an ordinance that was fair and balanced for all parties.
Scott MacIntyre agreed with various aspects of the anti-harassment ordinance and requested that wording within be clarified.
Mary Anne Johnson, Property Owner, stated they took great pride in being landlords that followed the rules and felt the anti-harassment ordinance would be targeting them.
Rev Millie Phillips, Faith Alliance for a Moral Economy, Teresa Farias, Rising Juntos, Christine Clark, Rising Juntos, Rocio Aramburo, Rising Juntos, Nicole Arrington, ACCE, Devin Williams, Tachina Garrett, ACCE, CPO, NAMI, Frank Sterling, Reimagine Antioch, Kim Carlson, Treyveon Carlson, ACCE, Archie Brumfield, ACCE, Navy Veteran, Patricia Granados, Rhea Elina Laughlin, Rising Juntos, Francisco Torres, Reimagine Antioch, Eddie Gums, ACCE, Rocheall Pierre, Raising Juntos, and Della Brass spoke in support of the anti-harassment ordinance.
Many speakers also requested Council move forward with a just cause ordinance.
Melissa Case encouraged stakeholders to work together to address all of their concerns.
Stephany Morris discussed uninhabitable living conditions in rental units.
Julia Emego Kwua suggested the City advance a moratorium on rent increases.
Mayor Thorpe closed the public hearing.
Mayor Thorpe declared a recess at 9:20 P.M. The meeting reconvened at 9:37 P.M. with all Councilmembers present with the exception of Councilmember Barbanica who previously recused himself from Item #4.
Mayor Thorpe reopened the public hearing.
Bob Norri and Rochelle Stede Norri stated they had historically helped their tenants and discussed the impact of raising costs for landlords. They encouraged the City to make a decision that was fair and balanced for all parties.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 5 of 13
Mayor Thorpe closed the public hearing.
Mayor Thorpe reopened the public hearing.
An unidentified speaker discussed the negative impacts of investors who would be unable to maintain and build new housing given rent control and regulations. She spoke in opposition to the ordinance and encouraged Council to pursue a better solution.
Public comments submitted in writing were entered into the record from the following individuals:
Derek A. Ridgway, Molly Bacigalupo, Property Manager / Palm Terrace Condominium Rentals, Monica Fraga, Rene Urone, Business Manager / Hillcrest View Apartments, Pam Nightingale, Tim Hearns, Kristina Ball, Community Manager, Bryan Smith, Property Management, Dennis Hanna, Sandra Sanchez, Stephen Liem and Helen Rozam, Antioch residents, Yvette Evans, Property Management / DH Apartment Homes, Yasmin Meertins, Joyce Kelly, Ali Uscilka, Program Director / Healthy & Active Before 5, and Reina Banuelos, Director of Property Management / DH Apartment Homes and Deborah Polk.
Mayor Thorpe closed the public hearing.
Councilmember Ogorchock thanked the speakers for their public comments. She discussed several provisions within the proposed ordinance that posed concerns for housing provide rs.
She suggested changing wording within the ordinance, so provision s applied to corporate owners. She requested the City work collaboratively with stakeholders to create a resolution and ordinance that all parties could support.
Councilmember Torres-Walker thanked the speakers for their public comments. She reported that Mayor Thorpe attempted a meeting with stakeholders which was unsuccessful. She expressed concern that landlords had indicated they would sell properties if the ordinance were approved and stated if that was the case, she would ask that they consider working with the first- time homeowner program.
A motion was made by Councilmember Torres-Walker and seconded by Councilmember Wilson to introduce by title only and waive further reading of the Ordinance Adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code Prohibiting Retaliation and Harassment of Residential Tenants.
Speaking to the previous motion and following discussion, Mayor Thorpe and Councilmember Ogorchock requested the following friendly amendments to the motion: 1) Section 3. HOUSING SERVICES. 11-1.02 “Definitions” - EXCLUDE “...including the right to have a specific number of occupants and the right to one-for-one replacement of roommates, regardless of any prohibition against subletting and/or assignment.” 2) Section 4. 11 -5.02 “EXEMPTIONS” - ADD “Senior Residential Home Care Facilities” to section (A); and 3) Section 4. 11-5.03 “HARASSMENT BY LANDLORD PROHIBITED” - ADD “...except when a landlord is engag ed in a tenant eviction process.” to sections (A)(16) and (A)(17).
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 6 of 13
A substitute motion was made by Councilmember Torres -Walker and seconded by Councilmember Wilson to introduce by title only and waive further reading of the Ordinance Adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code Prohibiting Retaliation and Harassment of Residential Tenants including the following amendments:
Section 3. HOUSING SERVICES. 11-1.02 “Definitions”
➢ EXCLUDE “...including the right to have a specific number of occupants and the right to one-for-one replacement of roommates, regardless of any prohibition against subletting and/or assignment.”
Section 4. 11-5.02 “EXEMPTIONS”
➢ ADD “Senior Residential Home Care Facilities” to section (A):
Section 4. 11-5.03 “HARASSMENT BY LANDLORD PROHIBITED”
➢ ADD “...except when a landlord is engaged in a tenant eviction process.” to sections (A)(16) and (A)(17)
The motion carried the following vote:
Ayes: Wilson, Torres-Walker, Thorpe Noes: Ogorchock
Councilmember Torres-Walker thanked Councilmember Barbanica for recusing himself from this process.
Councilmember Barbanica returned to the dais.
1. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Director of Public Safety and Community Resources Johnson announced the following civic and community events.
➢ Summer Outdoor Movie Night Prewett Park – August 3, 2023 ➢ Summer Concert Series Prewett Park – July 27, 2023, and Waldie Plaza– August 5, 2023 ➢ Julpun Park – Ribbon Cutting Ceremony – August 5, 2023
Councilmember Ogorchock announced the following community event.
➢ Stuff the Bus - August 5, 2023, Dallas Ranch Middle School.
Acting Director of Public Works/City Engineer Buenting made the following civic announcement:
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 7 of 13
➢ Construction on Lone Tree Way – July 26 through October 31, 2023, from Putnam Street to Terranova Drive, Antioch, CA (One lane of traffic in each direction from 8:00 P.M. to 5:00 A.M.).
PUBLIC COMMENTS
Christian Gutierrez discussed incidents he had experienced with community members and law enforcement.
Rosalba Zendejas discussed an incident involving her sons and the Antioch Police Department (APD).
Melissa Case expressed concern regarding an elected official’s open letter to Mr. Rains . She encouraged Council to unify and compromise on city matters.
Carolyn Simmons discussed racism and spoke in support of scrutinizing all new APD hires and ensure that they would be professional employees.
Kathryn Wade discussed an incident involving her son and the APD.
Francisco Torres, Reimagine Antioch, encouraged the City Council to move forward with the Police Oversight Commission appointments and suggested the community be involved in choosing a new Police Chief.
Frank Sterling expressed concern regarding letters sent from lawyers for the APOA. He urged Council to implement the Police Oversight Commission and ensure officers involved in misconduct be decertified.
Andrew Becker discussed his experience in the foster care system and expressed concern regarding a family who was experiencing homelessness.
Julia Emego Kwue spoke in support of defunding APD and building a multistory building for the homeless. She requested summer meals be pro vided for pick up and funding be allocated for students who were homeschooled.
Teki Flow thanked the City Council for enacting the anti-harassment ordinance. She expressed concern that a police escort had not been available for the Crisis Response Team. She requested the Police Oversight Commission be established and the audit of the APD be expedited.
Kimberly Kidd-Bailey discussed an incident involving her son and the APD. She encouraged the City to hire a Police Chief that was fair.
Public comments submitted in writing were entered into the record from the following individuals:
Michael Kitterman, American Citizens Institute and Tim Schwartz, Antioch resident.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 8 of 13
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS – None
MAYOR’S COMMENTS – None
3. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR MAY 30, 2023
B. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 13, 2023
C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JUNE 23, 2023
D. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 27, 2023
E. APPROVAL OF COUNCIL WARRANTS
F. APPROVAL OF HOUSING SUCCESSOR WARRANTS
G. REJECTION OF CLAIM: KHALID BARROW, RONNIE FIELDS, AND AHMAD SLOAN
H. ORDINANCE NO. 2229-C-S SECOND READING – THE RANCH PHASE I PROJECT – PLANNED DEVELOPMENT GUIDELINES ORDINANCE (Introduced on June 27, 2023)
I. RESOLUTION NO. 2023/111 CONSULTING SERVICES AGREEMENT WITH
CENTRICITY GIS, LLC FOR IMPLEMENTATION OF ASSET MANAGEMENT
SOFTWARE
J. RESOLUTION NO. 2023/112 CONSIDERATION OF BIDS FOR THE WEST ANTIOCH CREEK SILT REMOVAL (P.W. 201-5A)
K. RESOLUTION NO. 2023/11 3 CONSIDERATION OF BIDS FOR THE WATER
DISTRIBUTION AND SERVICE MATERIALS
L. RESOLUTION NO. 2023/11 4 CONSIDERATION OF BIDS FOR EQUIPMENT
OPERATOR IN CREEKS AND CHANNELS
M. RESOLUTION NO. 2023/115 AGREEMENT WITH CAL ENGINEERING & GEOLOGY
FOR GEOTECHNICAL ENGINEERING CONSULTING SERVICES FOR LANDSLIDE
REPAIRS THROUGHOUT THE CITY OF ANTIOCH
N. RESOLUTION NO. 2023/11 6 AGREEMENT WITH NINYO & MOORE FOR
GEOTECHNICAL ENGINEERING CONSULTING SERVICES FOR LANDSLIDE
REPAIRS THROUGHOUT THE CITY OF ANTIOCH
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 9 of 13
O. RESOLUTION NO. 2023/11 7 APPROVING CONSOLIDATED ENGINEER’S REPORT
AND DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE
HILLCREST, CITYWIDE, DOWNTOWN, ALMONDRIDGE, LONE TREE, AND EAST
LONE TREE LANDSCAPE MAINTENANCE DISTRICTS, AND SETTING PUBLIC HEARING (P.W. 500)
P. RESOLUTION NO. 2023/118 AGREEMENT WITH FUGRO USA LAND, INC. FOR ON-
CALL GEOTECHNICAL AND ENGINEERING SERVICES
Q. RESOLUTION NO. 2023/119 FIRST AMENDMENT TO THE CONSULTANT SERVICE AGREEMENT WITH MCARDLE DESIGN INC. FOR LANDSCAPE DESIGN SERVICES
R. RESOLUTION NO. 2 023/120 AGREEMENT WITH WILSEY HAM ENGINEERING,
SURVEYING & PLANNING FOR ON -CALL GEOTECHNICAL AND ENGINEERING
SERVICES
S. RESOLUTION NO. 2023/1 21 ACCEPTING COMPLETED IMPROVEMENTS AND RELEASE OF BONDS FOR AVIANO SUBDIVISION PHASE 2, TRACT NO. 9449 (P.W. 676-2)
T. RESOLUTION NO. 2023/1 22 ACCEPTING COMPLETED IMPROVEMENTS,
RELEASE OF BONDS, AND AUTHORIZING THE ACCEPTANCE OF GRANT DEEDS
FOR PARK RIDGE PARK (JULPUN PARK) AND OPEN SPACE CONVEYING PROPERTY LOCATED AT 5500 SIERRA TRAIL WAY, ASSESSOR’S PARCEL NUMBERS 053-060-069 AND 053-060-071 (P.W. 674-9)
U. RESOLUTION NO. 2023/1 23 UNHOUSED RESIDENTS SERVICES – AMENDMENT NO. 5 TO CONSULTING SERVICES AGREEMENT WITH FOCUS STRATEGIES
V. RESOLUTION NO. 2023/1 24 APPROVAL REAPPROPRIATING UNSPENT FISCAL YEAR 2023 YOUTH NETWORK SERVICES CONTRACTUAL SERVICES TO FISCAL YEAR 2024
W. APPROVAL OF TREASURER’S REPORT FOR APRIL 2023
X. APPROVAL OF TREASURER’S REPORT FOR MAY 2023
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of items H, O and U which were removed for further discussion.
Item H – Andrew Becker and Frank Sterling discussed the need for affordable housing in Antioch and questioned if this matter had been discussed with the developer.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 10 of 13
Francisco Torres opposed The Ranch project and encouraged the City to focus on those needing affordable housing.
Teki Flow, Reimagine Antioch, questioned why resources were going toward a fire station and not investing in healing trauma.
Kimberly Kidd-Bailey questioned if sufficient infrastructure was in place to support The Ranch project.
Julia Emego Kwue, requested the City reduce speed limits in Antioch and open a bank to assist unhoused and low income residents.
Public comment submitted in writing was entered into the record from the following individual:
Allan Moore, A.P.C.
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council approved Item H. The motion carried the following vote:
Ayes: Barbanica, Ogorchock, Wilson, Thorpe Noes: Torres-Walker
Item O – In response to Councilmember Barbanica , Acting Director of Public Works/City Engineer Buenting explained assessments were already in place and they would not increase taxes.
Melissa Case questioned if this item had been voted down by voters.
Mayor Thorpe responded that this item had not been voted down.
Acting Director of Public Works/City Engineer Buenting explained staff was mandated to present this item to Council yearly as an administrative process.
Julia Emego Kwue commented that some landscaping was not practical and was dangerous for pedestrians. She encouraged the City to focus on social safety programs.
On motion by Councilmember Barbanica , seconded by Councilmember Ogorchock , the City Council unanimously approved Item O.
Item U – Andrew Becker questioned how the consultants were assisting unhoused residents in Antioch.
Julia Emego Kwue encouraged the Council to vote their conscience, defund APD and suggested building a large multi-story building for low income, unhoused and mentally ill residents.
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica , the City Council approved Item U. The motion carried the following vote:
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 11 of 13
Ayes: Barbanica, Ogorchock, Wilson, Thorpe Noes: Torres-Walker
PUBLIC HEARING – Continued
5. ORDINANCE AMENDING ARTICLE 15 OF CHAPTER 5 OF TITLE 4 OF THE ANTIOCH
MUNICIPAL CODE AND CHANGING THE PRIMA FACIA SPEED LIMIT ON VARIOUS ROADWAYS (P.W. 282-3A)
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council unanimously continued Public Hearing Item #5 to August 8, 2023.
COUNCIL REGULAR AGENDA – Continued
6. REJECTION OF HOMEKEY APPLICANTS
Director of Public Safety and Community Resources Johnson presented the staff report dated July 25, 2023, recommending the City Council adopt a resolution rejecting the proposals received in response to RFQ No. 060720.
Andrew Becker expressed concern that Council had not reviewed the proposals and the City had not chosen to pursue Homekey funds.
Julia Emego Kwue requested the City assist marginalized people.
Councilmember Ogorchock stated if another Homekey opportunity presented itself, she would support the City extending the process and working with partners to prepare a project.
Councilmember Torres -Walker expressed her disappointment that the City had been unsuccessful in accessing Homekey funding. She encouraged the public to research the Focus Strategies contract noting they had not been successful in bringing sustainable options for unhoused residents.
RESOLUTION NO. 2023/125
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council adopted a resolution rejecting the proposals received in response to RFQ No. 060720.
The motion carried the following vote:
Ayes: Barbanica, Ogorchock, Wilson, Thorpe Abstain: Torres-Walker
7. PROPOSED TRAFFIC CALMING IMPROVEMENTS FOR SYCAMORE DRIVE, JAMES DONLON BOULEVARD, AND WEST 10TH STREET
Public comment submitted in writing was entered into the record from the following individual:
Rick Stadtlander.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 12 of 13
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously postponed Regular Agenda Item #7 to August 8, 2023.
9. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND AUTHORIZATION FOR ASSOCIATED CONFERENCE EXPENSES NOT TO EXCEED $1,295 PER
PARTICIPANT
Acting City Manager Reed presented the staff report dated July 25, 2023 recommending the City Council the Mayor nominate and City Council: 1) Approve [_________] as a Voting Delegate for the 2023 League of California Cities Annual Conference. 2) Approve [_________] as an Alternate Delegate for the 2023 League of California Cities Annual Conference. 3) Authorize an amount not to exceed $1,295 for associated conference expenses for each c onference participant.
Andrew Becker requested the City schedule an informative presentation from a representative of the League of California Cities.
Councilmember Ogorchock responded that she would follow up with Carolyn Coleman, CEO / League California Cities to schedule a regional presentation.
On motion by Councilmember Barbanica, seconded by Councilmember Wilson, the City Council unanimously approved Councilmember Ogorchock as a Voting Delegate for the 2023 League of California Cities Annual Conference.
On motion by Councilmember Barbanica, seconded by Councilmember Wilson, the City Council unanimously approved Mayor Pro Tem Torres-Walker as an Alternate Delegate for the 2023 League of California Cities Annual Conference.
On motion by Councilmember Barbanica, seconded by Councilmember Wilson, the City Council unanimously authorized an amount not to exceed $1,295 for associated conference expenses for each conference participant.
PUBLIC COMMENT – None
STAFF COMMUNICATIONS – None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Barbanica requested the following future agenda items: discussion on setting agenda items, presentation from the investor and developer for the property north of JC Penney, hiring of retired police officers as non -sworn personnel, update on staffing levels for Antioch Police Department and a p ress information policy. He thanked Acting City Manag er Reed for working with him on the issues surrounding the methadone clinic and the sole source company
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
July 25, 2023 Page 13 of 13
for the removal of abandoned recreational vehicles and debris. He reported the process for hiring the City Manager would occur in both closed and open session.
Councilmember Wilson reported Tri Delta Transit would meet tomorrow and reported on her attendance at the Transit Board Member Conference.
Councilmember Torres-Walker thanked Councilmember Ogorchock and City Attorney Smith for their attempts to schedule their first meeting of the Human Rights and Racial Equity Ad Hoc Committee. She discussed the need to address public safety in Antioch and reported she had been working to bring relationships to the City to address those issues. She thanked everyone who attended this evening and wished Leslie May a speedy recovery.
Mayor Thorpe reported on his attendance at the Transit Board Member Conference. He announced he would be setting up interviews for the Police O versight Commission and requested Councilmembers participate in the interview process for their districts.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adjourned the meeting at 11:33 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
B
08-22-23
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of August 22, 2023
Honorable Mayor and Members of the City Council
SUBMITTED BY: Ellie Householder, MPP, City Clerk
Christina Garcia, CMC, Deputy City Clerk
SUBJECT: City Council Meeting Minutes of August 8, 2023
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of August 8, 2023.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
100 General Fund
Non departmental
00408046 RANEY PLANNING & MANAGEMENT INC CONSULTING SERVICES 11,046.71 00408057 STANTEC CONSULTING SERVICES INC PROFESSIONAL SERVICES 9,726.00 00408154 CONTRA COSTA COUNTY PAYROLL 50.00
00408189 LIFE INSURANCE COMPANY OF NA PAYROLL 4,467.70
00408204 MUNICIPAL POOLING AUTHORITY PAYROLL 2,188.54
00408213 PARS PAYROLL 18,623.26
00408226 STATE OF CALIFORNIA PAYROLL 224.46
00408227 STATE OF CALIFORNIA PAYROLL 30.00
00408228 STATE OF CALIFORNIA PAYROLL 120.00
00408229 STATE OF CALIFORNIA PAYROLL 534.70
00408230 STATE OF CALIFORNIA PAYROLL 970.37
00408232 STEVEN MCMULLEN REFUND CBSC FEE 1.65
00945953 LSA ASSOCIATES INC CONSULTANT SERVICES 17,508.75 00946148 NATIONWIDE RETIREMENT SOLUTION PAYROLL 49,174.22 00946152 NATIONWIDE RETIREMENT SOLUTION PAYROLL 29,363.48 City Council
00408003 COSTCO VARIOUS BUSINESS EXPENSES 191.05
00408239 VERIZON WIRELESS DATA USAGE 105.08
00945942 ALTURA COMMUNICATION SOLUTIONS PHONE 1,234.69
00945947 CCC MAYORS CONFERENCE ANNUAL ASSESSMENT 6,009.00 City Attorney
00408138 BURKE WILLIAMS AND SORENSEN LLP LEGAL SERVICES RENDERED 22,852.00 00408178 HANSON BRIDGETT LLP LEGAL SERVICES RENDERED 70,368.65 00408188 LIEBERT CASSIDY WHITMORE LEGAL SERVICES RENDERED 34,828.00 00408200 MEYERS NAVE A PROFESSIONAL CORP LEGAL SERVICES RENDERED 72,753.39 00408208 OFFICE DEPOT INC OFFICE SUPPLIES 54.72
00408234 TELECOM LAW FIRM PC LEGAL SERVICES RENDERED 4,103.60 00945945 CANON FINANCIAL SERVICES COPIER LEASE 148.97
City Manager
00408003 COSTCO VARIOUS BUSINESS EXPENSES 298.41
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 226.20 00408239 VERIZON WIRELESS DATA USAGE 41.78
00945945 CANON FINANCIAL SERVICES COPIER LEASE 148.97
City Clerk
00408011 EIDEN, KITTY J MINUTES CLERK 2,300.00
00408040 OFFICE DEPOT INC OFFICE SUPPLIES 107.75
00408108 ACCOUNTEMPS TEMP SERVICES 2,884.70
00408113 AMAZON CAPITAL SERVICES INC SAFETY SUPPLIES 105.35 00945944 BAY AREA NEWS GROUP - EAST BAY LEGAL AD 495.00 00945956 RAY MORGAN COMPANY COPIER USAGE 985.44
00946141 CARTER, RONN CAMERA OPERATOR 273.00
City Treasurer
00408044 PFM ASSET MANAGEMENT LLC ADVISORY SERVICES 11,213.51 Human Resources
00945942 ALTURA COMMUNICATION SOLUTIONS PHONE 246.94
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
4C
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
Economic Development
00945945 CANON FINANCIAL SERVICES COPIER LEASE 148.97
Finance Administration
00408122 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 591.92 00945956 RAY MORGAN COMPANY COPIER USAGE 853.57
Finance Accounting
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 10.85 00408122 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 980.00 00408208 OFFICE DEPOT INC OFFICE SUPPLIES 38.38
00408237 TYLER TECHNOLOGIES INC ANNUAL SOFTWARE SUBSCRIPTION 13,759.20 00945958 SUPERION LLC ASP SERVICES 21,151.89
00946151 UBEO BUSINESS SERVICES SCANNER PURCHASE 817.64 Finance Operations
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 19.74 00408208 OFFICE DEPOT INC OFFICE SUPPLIES 43.02
00945942 ALTURA COMMUNICATION SOLUTIONS PHONES 246.94
Non Departmental
00407974 ASSOC OF BAY AREA GOVERNMENTS MEMBERSHIP DUES 29,300.00 00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 558.35 00408122 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 184.73 00408242 WAGEWORKS ADMIN FEE 416.00
00945943 AVENU SUTA SERVICES 11,129.55
00946137 ALLIANT INSURANCE SERVICES EARTHQUAKE INSURANCE PREMIUM 177,779.14 Public Works Administration
00945956 RAY MORGAN COMPANY COPIER USAGE 203.86
Public Works Street Maintenance
00407971 ANTIOCH BUILDING MATERIALS ASPHALT MATERIALS 590.87 00408065 URBAN RESTORATION GROUP GRAFFITI REMOVER 741.04 00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 38.38 00408135 BIG B LUMBER LUMBER 223.69
00408163 DELTA GRINDING CO INC EQUIPMENT RENTAL 3,950.00 00408193 MANERI SIGN COMPANY STREET SIGNS 571.49
00408208 OFFICE DEPOT INC OFFICE SUPPLIES 23.72
00408223 SHERWIN WILLIAMS CO PAINT SUPPLIES 53.03
00408239 VERIZON WIRELESS DATA USAGE 105.07
00408243 WATERSAVERS IRRIGATION SUPPLIES 232.01
00946138 BIG SKY ENVIRONMENTAL SOLUTIONS HAZARDOUS WASTE DISPOSAL 700.00 Public Works-Signal/Street Lights
00407975 AT AND T MCI PHONES 614.07
00408042 PACIFIC GAS AND ELECTRIC CO ELECTRIC 186.63
00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 8,492.81
00408153 CONTRA COSTA COUNTY TRAFFIC SIGNAL MAINTENANCE 66,754.70 00408161 DC ELECTRIC GROUP INC STREETLIGHT MAINTENANCE 39,028.49 00408212 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,408.68
Public Works-Facilities Maintenance
00407975 AT AND T MCI PHONES 78.62
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICES 17,721.61 00407997 CONCORD GLASS INC GLASS INSTALLATION 1,098.14
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408036 MUNICIPAL POOLING AUTHORITY SAFETY TRAINING 660.00 00408043 PACIFIC GAS AND ELECTRIC CO GAS 18,070.83
00408050 ROBINS LOCK AND KEY LOCK REPAIR 355.00
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 902.64 00408130 BAY ALARM COMPANY MONITORING SERVICES 390.00
00408132 BAY CITIES PYROTECTOR FIRE SPRINKLER TESTING 2,720.00 00408161 DC ELECTRIC GROUP INC ELECTRICAL SERVICES 1,073.54 00408212 PACIFIC GAS AND ELECTRIC CO ELECTRIC 655.82
00408214 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 1,060.00 00408223 SHERWIN WILLIAMS CO PAINT SUPPLIES 133.06
00408231 STERICYCLE INC SHREDDING SERVICE 87.72
00408239 VERIZON WIRELESS DATA USAGE 105.07
00945949 GRAINGER INC SUPPLIES 3,022.95
Public Works-Parks Maint
00407966 ALTA FENCE FENCE REPAIR 1,335.00
00407975 AT AND T MCI PHONES 133.60
00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,065.62
00408112 ALTA FENCE FENCE REPAIR 1,314.00
00408212 PACIFIC GAS AND ELECTRIC CO ELECTRIC 3.78
00408243 WATERSAVERS IRRIGATION IRRIGATION PARTS 1,209.28 00945949 GRAINGER INC LOCKS 40.61
Public Works-Median/General Land
00407975 AT AND T MCI PHONES 405.75
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 1,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 2,262.98
00408150 CONCRETE FENCE INSTALLERS INC MONUMENT INSTALLATION 33,546.66 00408212 PACIFIC GAS AND ELECTRIC CO ELECTRIC 3.90
00408235 TERRACARE ASSOCIATES LANDSCAPING SERVICES 33,509.25 00408243 WATERSAVERS IRRIGATION IRRIGATION PARTS 3,759.86 00946150 SITEONE LANDSCAPE SUPPLY IRRIGATION PARTS 1,528.43 PW-Work Alternative-Strt Maint
00408157 COOK, JEFFREY DON EXPENSE REIMBURSEMENT 66.70
Police Administration
00407972 ARROWHEAD 24 HOUR TOWING INC TOWING SERVICE 7,728.50 00407976 AT AND T MOBILITY DEPARTMENT CELL PHONES 7,111.43 00407977 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 433.89 00407978 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 11,588.87 00407979 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 4,971.54 00407987 CALIFORNIA SURVEYING & DRAFTING OFFICE SUPPLIES 885.55 00407990 CITY OF FAIRFIELD RANGE FEES 324.00
00407991 CLONINGER, NAHLEEN R EXPENSE REIMBURSEMENT 70.45 00407993 CODE 3 WEAR PUBLIC SAFETY EMPLOYEE EQUIPMENT 3,106.43 00408006 CRIME SCENE CLEANERS INC CELL CLEAN UP 108.00
00408025 IBS OF TRI VALLEY BATTERIES 8.16
00408027 KENDALL, PRICE JULIUS TRAINING PER DIEM 222.00 00408038 NET TRANSCRIPTS TRANSCRIPT SERVICE 298.59
00408040 OFFICE DEPOT INC OFFICE SUPPLIES 619.53
00408058 STARZYK INSTRUCTIONAL SERVICES TRAINING FEES 2,560.00
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408067 VERIZON WIRELESS CELLULAR SERVICE 3,048.40
00408118 ANGELINI TEIXEIRA DS, RICARDO TRAINING PER DIEM 222.00 00408119 ARROWHEAD 24 HOUR TOWING INC TOWING SERVICES 205.00 00408121 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 2,850.75 00408124 BATTLE, AALIYAH MARIANNA TRAINING PER DIEM 74.00 00408145 COLLAZO, JOSE ANTONIO TRAINING PER DIEM 74.00
00408146 COLLEY, JAMES M TRAINING PER DIEM 276.00
00408160 D TAC K9 LLC K9 BASIC SCHOOL 6,500.00
00408166 DUALHARE INC WEBSITE & EDITING SERVICES 14,300.00 00408167 DUFF, RYAN JAMES TRAINING PER DIEM 222.00
00408185 KELLEY, TEKARI TASHAY TRAINING PER DIEM 74.00
00408196 MARTIN, RICHARD B TRAINING PER DIEM 276.00
00408201 MILLER MENDEL INC SOFTWARE IMPLEMENTATION 6,075.00 00408205 NIEVES JR, RUDOLPH TRAINING PER DIEM 74.00
00408206 NIEVES, DIANE GUADALUPE TRAINING PER DIEM 148.00 00408208 OFFICE DEPOT INC OFFICE SUPPLIES 349.62
00408215 PEREGRINE TECHNOLOGIES INC SOFTWARE SUBSCRIPTION 95,250.00 00408221 SAFESTORE INC EVIDENCE STORAGE 3,962.60
00408225 SOURCING GROUP, THE PRINTING/FORMS 390.71
00408238 VANDERPOOL, JASON C TRAINING PER DIEM 276.00
00408240 VIGIL JR, JOSEPH TRAINING PER DIEM 370.00
00945945 CANON FINANCIAL SERVICES COPIER LEASE 214.10
00945955 PITNEY BOWES INC MAIL POSTAGE METER 300.72
00946139 CANON FINANCIAL SERVICES COPIER LEASE 2,419.29 Police Prisoner Custody
00407979 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 104.69 Police Community Policing
00408045 POWERDMS INC SOFTWARE SUBSCRIPTION 6,421.60
00408055 SP PLUS CORPORATION PARKING SERVICES 21,422.10 00408121 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 675.00 00408175 FORTNER, JOHN C EXPENSE REIMBURSEMENT 34.99
Police Investigations
00408000 CONTRA COSTA COUNTY FORENSICS SERVICES 13,210.50 00408032 MARTIN, RICHARD B EXPENSE REIMBURSEMENT 72.13
00408061 T MOBILE USA INC DIGITAL FORENSICS 880.00
00408110 ALHAMBRA WATER SERVICE 102.92
00408121 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 1,841.35 00408182 INABNETT, KELLY EXPENSE REIMBURSEMENT 26.20
00946142 COMPUTERLAND COMPUTER EQUIPMENT 2,500.23
Police Communications
00407975 AT AND T MCI PHONES 1,217.45
00407995 COMCAST CONNECTION SERVICES 169.00
00407999 CONTRA COSTA COUNTY ANNUAL SYSTEM SHARED COSTS 21,806.19 00408120 AT AND T PHONES 59.92
00408147 COMCAST PD MAIN CIRCUIT 2,715.74
Office Of Emergency Management
00407975 AT AND T MCI PHONES 212.17
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
Police Community Volunteers
00408007 CRYSTAL CLEAR LOGOS INC UNIFORMS 1,237.09
00408032 MARTIN, RICHARD B EXPENSE REIMBURSEMENT 40.00
Police Facilities Maintenance
00407975 AT AND T MCI PHONES 260.20
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICES 1,868.06 00408043 PACIFIC GAS AND ELECTRIC CO GAS 35,110.50
00408063 TMC SHOOTING RANGE SPECIALIST INC RANGE MAINTENANCE/REPAIR 2,100.00 00408130 BAY ALARM COMPANY MONITORING SERVICES 10,168.75 00408132 BAY CITIES PYROTECTOR FIRE SPRINKLER TESTING 3,035.00 00408214 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 222.00 Youth Network Services
00407973 ASPIRE YOUTH ENGAGEMENT CONSULTING SERVICES 3,754.60 00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 210.45 00408239 VERIZON WIRELESS DATA USAGE 52.39
Housing and Homelessness
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 1,063.90 00408171 ECONOMY INN HOMELESS SERVICES 980.00
00408239 VERIZON WIRELESS DATA USAGE 52.54
PSCR Administration
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 90.42 00408239 VERIZON WIRELESS DATA USAGE 52.54
00945946 COMPUTERLAND COMPUTER EQUIPMENT 2,994.53
00945960 UNLIMITED GRAPHIC & SIGN NETWORK SIGN INSTALLATION 4,953.04 Community Development Land Planning Services
00408046 RANEY PLANNING & MANAGEMENT INC CONSULTANT SERVICES 27,052.44 00408232 STEVEN MCMULLEN REFUND GP MAINT FEE 9.65
00945944 BAY AREA NEWS GROUP - EAST BAY LEGAL AD 247.50 CD Code Enforcement
00408070 WORK WORLD SAFETY SHOES 500.00
PW Engineer Land Development
00407975 AT AND T MCI PHONES 51.90
00408134 BELLECCI AND ASSOCIATES INC PROFESSIONAL SERVICES 7,912.55 00408144 COASTLAND CIVIL ENGINEERING PROFESSIONAL SERVICES 27,280.00 00408183 INTERWEST CONSULTING GROUP INC ENGINEERING SERVICES 46,653.75 00408239 VERIZON WIRELESS DATA USAGE 105.07
00945956 RAY MORGAN COMPANY COPIER USAGE 356.03
Community Development Building Inspection
00408232 STEVEN MCMULLEN REFUND ENERGY INSP FEE 208.44
Capital Imp. Administration
00945944 BAY AREA NEWS GROUP - EAST BAY LEGAL AD 495.00 00945956 RAY MORGAN COMPANY COPIER USAGE 722.85
00945959 UBEO BUSINESS SERVICES COPIER USAGE 364.40
206 American Rescue Plan Fund
Non Departmental
00407992 COCINA MEDINA INC FACADE IMPROVEMENT GRANT 15,000.00 00408026 JOYCE ACUPUNCTURE CLINIC SMALL BUSINESS GRANTS 5,000.00 00408053 RUDRAM LLC BRIDGE HOUSING SERVICES 97,333.33
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408173 FELTON INSTITUTE CIT SERVICES 72,442.18
209 RMRA Fund
Streets
00407985 BKF ENGINEERS INC PROFESSIONAL SERVICES 12,705.50 212 CDBG Fund
CDBG
00407996 COMMUNITY VIOLENCE SOLUTIONS CDBG SERVICES 2,499.52 00408005 COURT APPT SPECIAL ADVOCATES CDBG SERVICES 1,428.89 00408035 MONUMENT IMPACT CDBG SERVICES 3,106.60
00408141 CHOICE IN AGING CDBG SERVICES 922.68
00408152 CONTRA COSTA CHILD CARE COUNCIL CDBG SERVICES 132.54 00408170 ECHO HOUSING CDBG SERVICES 5,816.34
00408191 LIONS CENTER CDBG SERVICES 2,180.90
00408199 MEALS ON WHEELS CDBG SERVICES 4,999.29
00408210 OPPORTUNITY JUNCTION CDBG SERVICES 14,998.56
00408219 RENAISSANCE ENTREPRENEURSHIP CDBG SERVICES 2,140.28
CDBG-CV
00408054 SHELTER INC CDBG SERVICES 29,665.99
213 Gas Tax Fund
Streets
00408042 PACIFIC GAS AND ELECTRIC CO ELECTRIC 210.38
00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 49,462.51 00408212 PACIFIC GAS AND ELECTRIC CO ELECTRIC 184.63
214 Animal Services Fund
Animal Services
00407994 COGENT SOLUTIONS AND SUPPLIES OPERATING SUPPLIES 2,049.96 00408010 EAST BAY VETERINARY EMERGENCY VETERINARY SERVICES 1,301.08 00408012 ELANCO US INC VET SUPPLIES 201.81
00408023 HILLS PET NUTRITION PET FOOD 459.04
00408028 KOEFRAN SERVICES INC PET CREMATION 723.99
00408037 MWI VETERINARY SUPPLY CO VETERINARY SUPPLIES 1,172.51 00408043 PACIFIC GAS AND ELECTRIC CO GAS 1,847.92
00408111 ALLIANCE DISTRIBUTION HOLDINGS INC DRYER/WASHER REPAIR 890.94 00408123 BANK OF AMERICA VARIOUS BUSINESS EXPENSES 1,906.14 00408169 EAST BAY VETERINARY EMERGENCY VETERINARY SERVICES 463.69 00408180 HILLS PET NUTRITION PET FOOD 244.44
00408186 KOEFRAN SERVICES INC PET CREMATION SERVICES 140.00 00408216 PETHUB, INC. PET TAGS 4,883.88
00408246 ZOETIS LLC PET VACCINATIONS 663.71
00945950 IDEXX LABORATORIES INC VET LABS 471.68
00946144 IDEXX LABORATORIES INC VETERINARY SUPPLIES 203.76 215 Civic Arts Fund
Civic Arts
00408018 GROOVE RIDE SUMMER CONCERT EVENT 2,150.00
216 Park-In-Lieu Fund
Parks & Open Space
00408017 GATES AND ASSOCIATES INC DESIGNING SERVICES 4,401.25
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408052 ROYSTON HANAMOTO ALLEY AND ABEY PROFESSIONAL SERVICES 25,257.77 219 Recreation Fund
Non departmental
00407967 ALTERNATIVE FAMILY SERVICES INC FACILITY DEPOSIT REFUND 500.00 00408022 HILL PHYSICIANS MEDICAL GROUP FACILITY DEPOSIT REFUND 1,000.00 00408047 RAYMOND, CAITLIN DEPOSIT REFUND 500.00
00408059 STATE BOARD OF EQUALIZATION SALES TAX REMITTANCE 2,438.82 00408109 AHLAYZIA FRAZIER DEPOSIT REFUND 500.00
00408156 CONTRA COSTA HEALTH SERVICES SENIOR NUTRITION SERVICES 1,671.00 00408184 JASMINE WATKINS REFUND DEPOSIT 500.00
00408194 MARTHA VASQUEZ DEPOSIT REFUND 1,000.00
00408203 MONUMENT IMPACT REFUND DEPOSIT 500.00
00408209 OLUSEGUN, AJOSE DEPOSIT REFUND 1,000.00
00408233 SUSAN BATESTING REFUND DEPOSIT 322.00
00408241 VOLK, VALERIE DEPOSIT REFUND 500.00
Nick Rodriguez Community Cent
00407997 CONCORD GLASS INC LAMINATED GLASS 640.05
00408043 PACIFIC GAS AND ELECTRIC CO GAS 5,404.21
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 670.28 00408132 BAY CITIES PYROTECTOR FIRE SPRINKLER TESTING 535.00 00408195 MARTHA VASQUEZ ROOM REFUND 115.00
00408214 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 222.00 00945956 RAY MORGAN COMPANY COPIER USAGE 1,556.91
Senior Programs
00407975 AT AND T MCI PHONES 76.52
00408043 PACIFIC GAS AND ELECTRIC CO GAS 3,602.81
00408117 AMERICAN STAGE TOURS SENIOR TRIP 8,912.00
00408132 BAY CITIES PYROTECTOR FIRE SPRINKLER TESTING 535.00 00408165 DONALD STRAUSHEIM CUSTOMER REFUND 208.00
00408176 GOLDEN STATE WARRIORS LLC SENIOR TRIP 4,567.50 00408220 RENEE COTTON TRIP REFUND 215.00
00408222 SF GIANTS BASEBALL CLUB LLC SENIOR TRIP 2,913.75 00945942 ALTURA COMMUNICATION SOLUTIONS PHONE 740.81
Recreation Sports Programs
00407975 AT AND T MCI PHONES 26.72
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICE 75.00 00407986 BSN SPORTS LLC SUMMER CAMP & STAFF SHIRTS 3,994.36 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 5,148.42
00408149 CONCORD SOFTBALL UMPIRES UMPIRE SERVICES 1,232.00 00408217 PIONEER MANUFACTURING COMPANY FIELD PAINT 577.26 Recreation-Comm Center
00407975 AT AND T MCI PHONES 27.76
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICE 320.00 00408008 DELTA KAYAK ADVENTURES CONTRACTOR PAYMENT 2,271.50 00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 634.88 00408125 BAUTISTA JR, CESAR MULTICULTURAL EVENT 4,922.09 00408130 BAY ALARM COMPANY MONITORING SERVICES 2,197.00 00408131 BAY AREA JUMP EVENT JUMPERS 2,721.87
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408133 BE EXCEPTIONAL PROFESSIONAL SERVICES 4,032.00
00408140 CHOFOR, EMERALD M PROFESSIONAL SERVICES 210.00 00408168 DUGAND, KARINA PROFESSIONAL SERVICES 120.00
00408197 MAX MARTIAL ARTS LLC PROFESSIONAL SERVICES 864.00 00408198 MAX MARTIAL ARTS LLC PROFESSIONAL SERVICES 336.00 00945956 RAY MORGAN COMPANY COPIER USAGE 1,146.93
Recreation Water Park
00407975 AT AND T MCI PHONES 155.68
00408034 MIDPOINT INTERNATIONAL INC. RECYCLING BIN 2,200.08 00408043 PACIFIC GAS AND ELECTRIC CO GAS 25,269.12
00408051 ROTO ROOTER PLUMBING SERVICE 854.00
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 5,627.77 00408115 AMERICAN PLUMBING INC PLUMBING SERVICE 17,380.00 00408116 AMERICAN RED CROSS STAFF CERTIFICATIONS 340.00 00408132 BAY CITIES PYROTECTOR FIRE SPRINKLER TESTING 535.00 00408192 LUMA BUILDERS CONCRETE REPAIR 21,837.75
00408214 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 543.00 00408241 VOLK, VALERIE DEPOSIT REFUND 740.00
00945956 RAY MORGAN COMPANY COPIER USAGE 603.38
221 Asset Forfeiture Fund
Non departmental
00407998 CONTRA COSTA COUNTY ASSET FORFEITURE 222.90
00408016 GARCIA, AMADEO ASSET FORFEITURE 1,707.00
00408062 TILLER, CHASEN ASSET FORFEITURE 2,324.00
222 Measure C/J Fund
Streets
00408183 INTERWEST CONSULTING GROUP INC ENGINEERING SERVICES 47,190.00 226 Solid Waste Reduction Fund
Solid Waste
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 102.31 00408232 STEVEN MCMULLEN REFUND WASTE MAN FEE 35.00
229 Pollution Elimination Fund
Channel Maintenance Operation
00408001 CCC TAX COLLECTOR CCC PROPERTY TAX BILL 39.19
00408039 NOMAD ECOLOGY LLC BIOLOGICAL SURVEYS 1,212.50
00408214 PEPPER INVESTMENTS INC RODENT CONTROL SERVICES 1,050.00 236 CDBG Revolving Loan Fund
Non departmental
CDBG
00408048 REDGWICK CONSTRUCTION COMPANY PROGRESS PAYMENT 406,914.90 00946147 KLEINFELDER INC PROFESSIONAL SERVICES 327.50
251 Lone Tree SLLMD Fund
Lonetree Maintenance Zone 1
00407975 AT AND T MCI PHONES 106.88
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 7,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,094.46
00408235 TERRACARE ASSOCIATES TURF MOWING 367.32
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
Lonetree Maintenance Zone 2
00407975 AT AND T MCI PHONES 183.95
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 10,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 986.20
Lonetree Maintenance Zone 3
00407975 AT AND T MCI PHONES 80.16
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 12,000.00 00408235 TERRACARE ASSOCIATES MAIN LINE REPAIR 300.00
Lonetree Maintenance Zone 4
00408235 TERRACARE ASSOCIATES TURF MOWING 587.60
252 Downtown SLLMD Fund
Downtown Maintenance
00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 426.98
00408235 TERRACARE ASSOCIATES TURF MOWING 367.32
253 Almondridge SLLMD Fund
Almondridge Maintenance
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK DISKING 4,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 285.94
254 Hillcrest SLLMD Fund
Hillcrest Maintenance Zone 1
00407975 AT AND T MCI PHONES 53.44
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 13,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,035.62
00408235 TERRACARE ASSOCIATES TURF MOWING 955.02
Hillcrest Maintenance Zone 2
00407975 AT AND T MCI PHONES 187.04
00407984 BELLECCI AND ASSOCIATES INC PROFESSIONAL SERVICES 2,658.00 00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 17,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 1,008.14
00408235 TERRACARE ASSOCIATES TURF MOWING 1,607.66
Hillcrest Maintenance Zone 4
00407975 AT AND T MCI PHONES 158.78
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 12,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 898.53
00408235 TERRACARE ASSOCIATES MAIN LINE REPAIR 2,084.64 255 Park 1A Maintenance District Fund
Park 1A Maintenance District
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICE 115.00 00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 1,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 136.97
00408130 BAY ALARM COMPANY RV INSTALLATION 8,052.11
00408212 PACIFIC GAS AND ELECTRIC CO ELECTRIC 66.79
00408235 TERRACARE ASSOCIATES TURF MOWING 955.02
256 Citywide 2A Maintenance District Fund
Citywide 2A Maintenance Zone 3
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK DISKING 7,500.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 107.22
00408235 TERRACARE ASSOCIATES TURF MOWING 14.68
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
Citywide 2A Maintenance Zone 4
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 8,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 483.56
Citywide 2A Maintenance Zone 5
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 8,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 539.83
Citywide 2A Maintenance Zone 6
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK DISKING 7,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 316.67
00408235 TERRACARE ASSOCIATES TURF MOWING 881.56
Citywide 2A Maintenance Zone 8
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 7,000.00 00408235 TERRACARE ASSOCIATES TURF MOWING 73.46
Citywide 2A Maintenance Zone 9
00407975 AT AND T MCI PHONES 106.88
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 9,500.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 660.12
00408224 SILVA LANDSCAPE LANDSCAPING SERVICES 4,968.00
00408235 TERRACARE ASSOCIATES TURF MOWING 220.38
Citywide 2A Maintenance Zone10
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK MOWING 5,000.00 00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 162.95
257 SLLMD Administration Fund
SLLMD Administration
00408235 TERRACARE ASSOCIATES TURF MOWING 881.34
00946150 SITEONE LANDSCAPE SUPPLY HOLDING IRRIGATION REPAIR 12,071.83 259 East Lone Tree SLLMD Fund
Zone 1-District 10
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK DISKING 6,000.00 311 Capital Improvement Fund
Public Buildings & Facilities
00408183 INTERWEST CONSULTING GROUP INC ENGINEERING SERVICES 331.25 376 Lone Diamond Fund
Assessment District
00407989 CENTRAL SELF STORAGE ANTIOCH STORAGE FEE 448.00 570 Equipment Maintenance Fund
Non departmental
00408024 HUNT AND SONS INC FUEL 4,041.17
00408181 HUNT AND SONS INC FUEL 17,751.92
Equipment Maintenance
00407972 ARROWHEAD 24 HOUR TOWING INC TOW SERVICE 586.00 00408015 FRONTIER ENERGY INC PROFESSIONAL SERVICES 9,957.75 00408029 LES SCHWAB TIRES OF CALIFORNIA TIRE PARTS 1,647.49 00408030 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 2,024.83 00408041 OREILLY AUTO PARTS AUTO PARTS 473.37
00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 955.52
00408049 REINHOLDT ENGINEERING CONSTR LABOR 1,605.11
00408064 TRED SHED, THE TIRES 739.84
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408068 WALNUT CREEK FORD AUTO REPAIR PARTS 4,401.90
00408142 CHUCKS BRAKE & WHEEL SERVICE BRAKE PARTS 415.82 00408190 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 785.86 00408211 OREILLY AUTO PARTS AUTO PARTS 2,366.66
00408244 WINTER CHEVROLET CO AUTO PARTS 466.65
00945951 KIMBALL MIDWEST PARTS 1,090.09
00945956 RAY MORGAN COMPANY COPIER USAGE 67.95
00946146 KIMBALL MIDWEST SUPPLIES 1,310.49
00946149 PETERSON TRACTOR CO AUTO REPAIR PARTS 1,514.14 573 Information Services Fund
Information Services
00407975 AT AND T MCI PHONES 102.23
00408239 VERIZON WIRELESS DATA USAGE 261.95
Network Support & PCs
00407968 AMERICAN MESSAGING PAGER & PAGECOPY SERVICE 70.82 00407969 AMS DOT NET INC SOFTWARE SUBSCRIPTION 1,346.11 00407975 AT AND T MCI PHONES 81.05
00408114 AMERICAN MESSAGING PAGER AND COPY SERVICE 49.90 00408147 COMCAST CONNECTION SERVICES 2,715.73
00408148 COMCAST CONNECTION SERVICES 996.80
00945956 RAY MORGAN COMPANY COPIER USAGE 23.78
Telephone System
00407975 AT AND T MCI PHONES 464.64
577 Post Retirement Medical-Police Fund
Non Departmental
00408073 RETIREE MEDICAL AFTER RETIREMENT 1,676.38
00408075 RETIREE MEDICAL AFTER RETIREMENT 913.74
00408085 RETIREE MEDICAL AFTER RETIREMENT 1,310.98
00408090 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00408093 RETIREE MEDICAL AFTER RETIREMENT 415.50
00408095 RETIREE MEDICAL AFTER RETIREMENT 415.50
00408096 RETIREE MEDICAL AFTER RETIREMENT 156.11
00408097 RETIREE MEDICAL AFTER RETIREMENT 1,196.99
00408099 RETIREE MEDICAL AFTER RETIREMENT 1,585.11
00408100 RETIREE MEDICAL AFTER RETIREMENT 709.38
00408101 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00408104 RETIREE MEDICAL AFTER RETIREMENT 49.30
00945961 RETIREE MEDICAL AFTER RETIREMENT 415.50
00945962 RETIREE MEDICAL AFTER RETIREMENT 2,224.72
00945966 RETIREE MEDICAL AFTER RETIREMENT 1,045.99
00945967 RETIREE MEDICAL AFTER RETIREMENT 351.56
00945969 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00945970 RETIREE MEDICAL AFTER RETIREMENT 1,473.30
00945974 RETIREE MEDICAL AFTER RETIREMENT 415.50
00945976 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00945984 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00945989 RETIREE MEDICAL AFTER RETIREMENT 415.50
00945991 RETIREE MEDICAL AFTER RETIREMENT 879.00
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00945993 RETIREE MEDICAL AFTER RETIREMENT 689.04
00945997 RETIREE MEDICAL AFTER RETIREMENT 676.18
00946009 RETIREE MEDICAL AFTER RETIREMENT 1,563.12
00946010 RETIREE MEDICAL AFTER RETIREMENT 1,827.48
00946015 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946016 RETIREE MEDICAL AFTER RETIREMENT 879.00
00946017 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946030 RETIREE MEDICAL AFTER RETIREMENT 415.50
00946031 RETIREE MEDICAL AFTER RETIREMENT 689.04
00946032 RETIREE MEDICAL AFTER RETIREMENT 222.52
00946033 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946043 RETIREE MEDICAL AFTER RETIREMENT 1,128.24
00946044 RETIREE MEDICAL AFTER RETIREMENT 493.80
00946045 RETIREE MEDICAL AFTER RETIREMENT 1,644.73
00946046 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946049 RETIREE MEDICAL AFTER RETIREMENT 453.25
00946060 RETIREE MEDICAL AFTER RETIREMENT 1,219.61
00946063 RETIREE MEDICAL AFTER RETIREMENT 2,077.36
00946067 RETIREE MEDICAL AFTER RETIREMENT 828.24
00946069 RETIREE MEDICAL AFTER RETIREMENT 762.74
00946070 RETIREE MEDICAL AFTER RETIREMENT 269.02
00946078 RETIREE MEDICAL AFTER RETIREMENT 1,035.91
00946081 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946082 RETIREE MEDICAL AFTER RETIREMENT 689.04
00946084 RETIREE MEDICAL AFTER RETIREMENT 415.50
00946086 RETIREE MEDICAL AFTER RETIREMENT 1,219.61
00946090 RETIREE MEDICAL AFTER RETIREMENT 305.87
00946099 RETIREE MEDICAL AFTER RETIREMENT 132.25
00946101 RETIREE MEDICAL AFTER RETIREMENT 1,391.42
00946110 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946111 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946113 RETIREE MEDICAL AFTER RETIREMENT 700.03
00946118 RETIREE MEDICAL AFTER RETIREMENT 415.50
00946119 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946122 RETIREE MEDICAL AFTER RETIREMENT 305.87
00946128 RETIREE MEDICAL AFTER RETIREMENT 607.89
00946132 RETIREE MEDICAL AFTER RETIREMENT 674.61
00946133 RETIREE MEDICAL AFTER RETIREMENT 762.74
00946136 RETIREE MEDICAL AFTER RETIREMENT 762.74
578 Post Retirement Medical-Misc Fund
Non Departmental
00408072 RETIREE MEDICAL AFTER RETIREMENT 269.02
00408076 RETIREE MEDICAL AFTER RETIREMENT 140.00
00408079 RETIREE MEDICAL AFTER RETIREMENT 85.69
00408080 RETIREE MEDICAL AFTER RETIREMENT 453.25
00408081 RETIREE MEDICAL AFTER RETIREMENT 558.38
00408082 RETIREE MEDICAL AFTER RETIREMENT 203.69
00408084 RETIREE MEDICAL AFTER RETIREMENT 85.69
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408086 RETIREE MEDICAL AFTER RETIREMENT 85.69
00408088 RETIREE MEDICAL AFTER RETIREMENT 143.21
00408089 RETIREE MEDICAL AFTER RETIREMENT 283.25
00408102 RETIREE MEDICAL AFTER RETIREMENT 85.69
00408103 RETIREE MEDICAL AFTER RETIREMENT 182.85
00408106 RETIREE MEDICAL AFTER RETIREMENT 200.00
00945963 RETIREE MEDICAL AFTER RETIREMENT 890.87
00945965 RETIREE MEDICAL AFTER RETIREMENT 322.38
00945968 RETIREE MEDICAL AFTER RETIREMENT 322.38
00945973 RETIREE MEDICAL AFTER RETIREMENT 85.69
00945979 RETIREE MEDICAL AFTER RETIREMENT 203.69
00945982 RETIREE MEDICAL AFTER RETIREMENT 203.69
00945983 RETIREE MEDICAL AFTER RETIREMENT 558.38
00945985 RETIREE MEDICAL AFTER RETIREMENT 203.69
00945986 RETIREE MEDICAL AFTER RETIREMENT 558.38
00945987 RETIREE MEDICAL AFTER RETIREMENT 322.38
00945990 RETIREE MEDICAL AFTER RETIREMENT 558.38
00945995 RETIREE MEDICAL AFTER RETIREMENT 354.69
00945998 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946002 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946005 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946008 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946012 RETIREE MEDICAL AFTER RETIREMENT 558.38
00946013 RETIREE MEDICAL AFTER RETIREMENT 558.38
00946014 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946021 RETIREE MEDICAL AFTER RETIREMENT 709.38
00946022 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946023 RETIREE MEDICAL AFTER RETIREMENT 558.38
00946028 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946029 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946037 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946038 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946042 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946048 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946053 RETIREE MEDICAL AFTER RETIREMENT 203.69
00946054 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946055 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946057 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946058 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946064 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946066 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946072 RETIREE MEDICAL AFTER RETIREMENT 203.69
00946076 RETIREE MEDICAL AFTER RETIREMENT 709.38
00946077 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946079 RETIREE MEDICAL AFTER RETIREMENT 556.00
00946083 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946087 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946089 RETIREE MEDICAL AFTER RETIREMENT 85.69
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00946093 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946098 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946100 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946105 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946116 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946121 RETIREE MEDICAL AFTER RETIREMENT 140.36
00946124 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946131 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946134 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946135 RETIREE MEDICAL AFTER RETIREMENT 558.38
579 Post Retirement Medical-Mgmt Fund
Non Departmental
00408074 RETIREE MEDICAL AFTER RETIREMENT 85.69
00408077 RETIREE MEDICAL AFTER RETIREMENT 1,370.61
00408078 RETIREE MEDICAL AFTER RETIREMENT 862.90
00408083 RETIREE MEDICAL AFTER RETIREMENT 85.69
00408087 RETIREE MEDICAL AFTER RETIREMENT 203.69
00408091 RETIREE MEDICAL AFTER RETIREMENT 278.48
00408092 RETIREE MEDICAL AFTER RETIREMENT 85.69
00408094 RETIREE MEDICAL AFTER RETIREMENT 82.77
00408098 RETIREE MEDICAL AFTER RETIREMENT 438.38
00408105 RETIREE MEDICAL AFTER RETIREMENT 2,224.72
00408107 RETIREE MEDICAL AFTER RETIREMENT 558.38
00945964 RETIREE MEDICAL AFTER RETIREMENT 322.28
00945971 RETIREE MEDICAL AFTER RETIREMENT 558.38
00945972 RETIREE MEDICAL AFTER RETIREMENT 322.38
00945975 RETIREE MEDICAL AFTER RETIREMENT 558.38
00945977 RETIREE MEDICAL AFTER RETIREMENT 132.25
00945978 RETIREE MEDICAL AFTER RETIREMENT 132.25
00945980 RETIREE MEDICAL AFTER RETIREMENT 143.69
00945981 RETIREE MEDICAL AFTER RETIREMENT 2,224.72
00945988 RETIREE MEDICAL AFTER RETIREMENT 322.38
00945992 RETIREE MEDICAL AFTER RETIREMENT 322.38
00945994 RETIREE MEDICAL AFTER RETIREMENT 84.00
00945996 RETIREE MEDICAL AFTER RETIREMENT 862.90
00945999 RETIREE MEDICAL AFTER RETIREMENT 689.04
00946000 RETIREE MEDICAL AFTER RETIREMENT 143.69
00946001 RETIREE MEDICAL AFTER RETIREMENT 206.70
00946003 RETIREE MEDICAL AFTER RETIREMENT 393.75
00946004 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946006 RETIREE MEDICAL AFTER RETIREMENT 438.38
00946007 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946011 RETIREE MEDICAL AFTER RETIREMENT 269.02
00946018 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946019 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946020 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946024 RETIREE MEDICAL AFTER RETIREMENT 473.38
00946025 RETIREE MEDICAL AFTER RETIREMENT 322.38
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00946026 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946027 RETIREE MEDICAL AFTER RETIREMENT 132.25
00946034 RETIREE MEDICAL AFTER RETIREMENT 439.12
00946035 RETIREE MEDICAL AFTER RETIREMENT 400.00
00946036 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946039 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946040 RETIREE MEDICAL AFTER RETIREMENT 236.69
00946041 RETIREE MEDICAL AFTER RETIREMENT 2,224.72
00946047 RETIREE MEDICAL AFTER RETIREMENT 862.90
00946050 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946051 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946052 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946056 RETIREE MEDICAL AFTER RETIREMENT 676.18
00946059 RETIREE MEDICAL AFTER RETIREMENT 1,500.22
00946061 RETIREE MEDICAL AFTER RETIREMENT 534.31
00946062 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946065 RETIREE MEDICAL AFTER RETIREMENT 1,493.73
00946068 RETIREE MEDICAL AFTER RETIREMENT 269.02
00946071 RETIREE MEDICAL AFTER RETIREMENT 143.69
00946073 RETIREE MEDICAL AFTER RETIREMENT 1,676.48
00946074 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946075 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946080 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946085 RETIREE MEDICAL AFTER RETIREMENT 762.74
00946088 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946091 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946092 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946094 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946095 RETIREE MEDICAL AFTER RETIREMENT 132.25
00946096 RETIREE MEDICAL AFTER RETIREMENT 682.90
00946097 RETIREE MEDICAL AFTER RETIREMENT 203.69
00946102 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946103 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946104 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946106 RETIREE MEDICAL AFTER RETIREMENT 269.02
00946107 RETIREE MEDICAL AFTER RETIREMENT 689.04
00946108 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946109 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946112 RETIREE MEDICAL AFTER RETIREMENT 438.38
00946114 RETIREE MEDICAL AFTER RETIREMENT 13.22
00946115 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946117 RETIREE MEDICAL AFTER RETIREMENT 558.38
00946120 RETIREE MEDICAL AFTER RETIREMENT 220.00
00946123 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946125 RETIREE MEDICAL AFTER RETIREMENT 85.69
00946126 RETIREE MEDICAL AFTER RETIREMENT 322.38
00946127 RETIREE MEDICAL AFTER RETIREMENT 2,224.72
00946129 RETIREE MEDICAL AFTER RETIREMENT 85.69
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00946130 RETIREE MEDICAL AFTER RETIREMENT 1,748.00
611 Water Fund
Non departmental
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 220.43 00408136 BISHOP CO TOOLS 578.46
00408208 OFFICE DEPOT INC OFFICE SUPPLIES 1,185.04
00945949 GRAINGER INC SUPPLIES 1,209.36
00946143 GRAINGER INC SAFETY SUPPLIES 348.94
Water Supervision
00408164 DIAB, MARWA CHECK REPLACEMENT 89.61
00408236 THEA SMITH CHECK REPLACEMENT 123.83
00408239 VERIZON WIRELESS DATA USAGE 395.33
00408245 YANG, BEILEI CHECK REPLACEMENT 46.47
Water Production
00407975 AT AND T MCI PHONES 818.99
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICE 40.00 00408014 FISHER SCIENTIFIC COMPANY LAB SUPPLIES 179.24
00408020 HACH CO LAB SUPPLY 127.98
00408033 MCCAULEY AGRICULTURAL & PEST FIREBREAK DISKING 12,000.00 00408043 PACIFIC GAS AND ELECTRIC CO GAS 378,473.34
00408066 US BANK COPIER 415.03
00408069 WALTER BISHOP CONSULTING PROFESSIONAL SERVICES 3,993.84 00408130 BAY ALARM COMPANY MONITORING SERVICES 6,908.08 00408143 CITY OF BRENTWOOD GROUNDWATER SERVICES 713.79
00408174 FINBERG FENCING INC FENCE REPAIR 750.00
00408202 MISCO PARTS 4,540.27
00408239 VERIZON WIRELESS DATA USAGE 290.56
00945948 EUROFINS EATON ANALYTICAL INC TESTING 2,625.00 00945950 IDEXX LABORATORIES INC LAB SUPPLY 43.13
Water Distribution
00407970 ANTIOCH ACE HARDWARE PARTS 6.20
00407975 AT AND T MCI PHONES 26.72
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICE 105.00 00408013 FASTENAL CO INDUSTRIAL SUPPLIES 2,336.65
00408030 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 20.82 00408040 OFFICE DEPOT INC OFFICE SUPPLIES 7.68
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 583.63 00408130 BAY ALARM COMPANY MONITORING SERVICES 540.00
00408172 FASTENAL CO INDUSTRIAL SUPPLIES 326.14
00408190 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 39.47 00408207 CA OCCUPATIONAL HEALTH CENTERS PRE-EMPLOYMENT MEDICAL 489.00 00408208 OFFICE DEPOT INC OFFICE SUPPLIES 5.92
00408239 VERIZON WIRELESS DATA USAGE 5,951.99
00945956 RAY MORGAN COMPANY COPIER USAGE 248.24
00946143 GRAINGER INC SUPPLIES 111.01
00946145 INFOSEND INC PRINT AND MAIL SERVICES 8,591.77
Public Buildings & Facilities
00407988 CDM SMITH INC PROFESSIONAL SERVICES 247,710.79
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10 , 2023
FUND/CHECK#
00408021 HB CONSULTING GROUP INC PROFESSIONAL SERVICES 9,120.00 00408071 WR FORDE ASSOCIATES INC PROGRESS PAYMENT 870,870.00 00408151 CONSTRUCTION TESTING SERVICES PROFESSIONAL SERVICES 15,800.40 00408159 CSI METRICS LLC PROFESSIONAL SERVICES 10,856.54 00408162 DELTA DIABLO PROFESSIONAL SERVICES 72,550.10
00408179 HB CONSULTING GROUP INC PROFESSIONAL SERVICES 11,590.00 00945952 KLEINFELDER INC PROFESSIONAL SERVICES 5,907.95 00945957 SHIMMICK CONSTRUCTION INC PROGRESS PAYMENT 2,950,453.89 00946140 CAROLLO ENGINEERS INC PROFESSIONAL SERVICES 258,884.39 621 Sewer Fund
Swr-Wastewater Administration
00407975 AT AND T MCI PHONES 54.48
00408009 DKF SOLUTIONS GROUP LLC TRAINING FEES 2,000.00 00408030 LIM AUTOMOTIVE SUPPLY INC AUTOMOTIVE REPAIR PARTS 689.02 00408036 MUNICIPAL POOLING AUTHORITY SAFETY TRAINING 605.00 00408040 OFFICE DEPOT INC OFFICE SUPPLIES 36.19
00408043 PACIFIC GAS AND ELECTRIC CO ELECTRIC 971.81
00408113 AMAZON CAPITAL SERVICES INC OFFICE SUPPLIES 336.03 00408132 BAY CITIES PYROTECTOR FIRE SPRINKLER TESTING 535.00 00408136 BISHOP CO MATERIALS 139.47
00408137 BLALOCK, DIETRICH JAMES TRAINING PER DIEM 345.00 00408139 BURRIS, RYAN M J TRAINING PER DIEM 345.00
00408157 COOK, JEFFREY DON TRAINING REIMBURSEMENT 2,677.45 00408158 COOK, JEFFREY DON TRAINING PER DIEM 345.00
00408187 LEWIS IV, JASON F PER DIEM 207.00
00408208 OFFICE DEPOT INC OFFICE SUPPLIES 48.48
00408218 RAMOS JR, GONZALO PER DIEM 207.00
00408239 VERIZON WIRELESS DATA USAGE 5,706.94
00945945 CANON FINANCIAL SERVICES COPIER LEASE 74.14
00945949 GRAINGER INC EQUIPMENT 506.63
00945954 OWEN EQUIPMENT SALES EQUIPMENT REPAIR & PARTS 913.89 00945956 RAY MORGAN COMPANY COPIER USAGE 208.48
00946143 GRAINGER INC SUPPLIES 192.42
00946145 INFOSEND INC PRINT AND MAIL SERVICES 8,591.78
631 Marina Fund
Non departmental
00408059 STATE BOARD OF EQUALIZATION SALES TAX REMITTANCE 783.37 00408060 STATE BOARD OF EQUALIZATION SALES TAX REMIT 1,165.00 Marina Administration
00407982 BAY ALARM COMPANY ALARM MONITORING SERVICES 175.00 00408004 COUNTY LOCK CITY LOCKSMITH SERVICES 918.23
00408040 OFFICE DEPOT INC OFFICE SUPPLIES 231.00
00408043 PACIFIC GAS AND ELECTRIC CO GAS 5,573.26
00408135 BIG B LUMBER LUMBER 241.82
00408208 OFFICE DEPOT INC OFFICE SUPPLIES 37.30
00408214 PEPPER INVESTMENTS INC PEST CONTROL SERVICES 125.00 00945956 RAY MORGAN COMPANY COPIER USAGE 47.34
Finance Accounting
Prepared by: A.Balingit
8/17/2023 August 22, 2023
CLAIMS BY FUND REPORT
FOR THE PERIOD OF
JULY 28 - AUGUST 10, 2023
FUND/CHECK#
227 Housing Fund
Housing
00407983 BAY AREA LEGAL AID CDBG SERVICES 4,657.73
00408002 CONTRA COSTA HEALTH SERVICES CDBG SERVICES 14,587.56 00408019 HABITAT FOR HUMANITY EAST BAY CDBG SERVICES 37,436.59 00408031 LOAVES AND FISHES OF CONTRA COSTA CDBG SERVICES 2,080.66 00408056 STAND FOR FAMILIES FREE OF VIOLENCE CDBG SERVICES 5,546.47 00408155 CONTRA COSTA CRISIS CENTER CDBG SERVICES 2,500.12 00408170 ECHO HOUSING CDBG SERVICES 14,200.97
00408177 HABITAT FOR HUMANITY EAST BAY CDBG SERVICES 49,412.57
Finance Accounting
Prepared by : A.Balingit
8/17/2023 August 22,2023
4D
E
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 22, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: REJECTION OF CLAIM: HALL & LOADS, INC.
RECOMMENDED ACTION
It is recommended that the City Council reject the claim submitted by Hall & Loads, Inc.
Should the City Council desire to discuss this matter, it would be scheduled for a future closed session.
ATTACHMENTS
None.
G
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 22, 2023
SUBMITTED BY: Zoe Merideth, Senior Planner
APPROVED BY: Kevin Scudero, Acting Community Development Director SUBJECT: Design Guidelines Zoning Text Amendment - Second Reading of the Ordinance
RECOMMENDED ACTION
It is recommended that the City Council adopt an ordinance amending Section 9-5.2609 of the Antioch Municipal Code regarding design guidelines (Attachment A).
FISCAL IMPACT
There are no direct fiscal impacts incurred by the City for the approval of this ordinance or the associated design guidelines.
DISCUSSION
The adoption of an ordinance requires two separate readings. The City Council introduced the subject ordinance at its August 8, 2023 regular meeting. This second reading will finalize the adoption of the ordinance. The ordinance will take effect 30 days after its final passage. (Gov. Code, § 36937).
The Zoning Text Amendment (ZTA) is needed to codify the new Single Family and Missing Middle Objective Design Standards (ODS), which the Council adopted at the August 8, 2023 Council meeting in conjunction with the first reading of the ZTA. To clarify that the previously approved Citywide Design Guidelines for residential projects no longer apply, a ZTA is required. The amendment clarifies which chapters of the Citywide Design Guidelines are still applicable, codifies the ODS, and the process for amending the ODS in the future. Additionally, the amendment clarifies the applicability of the ODS to ministerial projects and outlines the process for obtaining an exception to the ODS. Finally, the amendment also clarifies the applicability and exception process for the already adopted Multifamily Objective Design Standards.
ATTACHMENT
A
. Design Guidelines Zoning Text Amendment Ordinance
KS
ZM
ORDINANCE NO. _____
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AMENDING § 9-5.2609 OF THE ANTIOCH MUNICIPAL CODE
REGARDING DESIGN GUIDELINES (LA2023-0002)
T
he City Council of the City of Antioch does ordain as follows:
S
ECTION 1:
The City Council is committed to tak ing the steps necessary to promote and protect the public health, safety and general welfare. The City of Antioch has the authority to make and enforce within its limits all ordinances and regulations not in conflict with general laws. (Cal. Const. art. XI § 7) including, but not limited to, all rights and powers that are expressly granted and necessarily or fairly implied by state law.
S
ECTION 2:
The City Council finds that the public necessity requires the proposed zoning ordinance amendments to impose requirements within the City of Antioch that are consistent with State law; said amendments are not detrimental to properties within Antioch, and that the proposed zoning ordinance amendment is in conformance with the Antioch General Plan.
S
ECTION 3:
At its regular meeting of July 19, 2023, the Planning Commission recommended that the City Council adopt the Ordinance amending § 9-5.2609 of the Antioch Municipal Code.
S
ECTION 4:
§ 9-5. 2609 is amended as follows:
§ 9-5 .2609 DESIGN GUIDELINES AND OBJECTIVE DESIGN STANDARDS. (A) The Planning Commission shall have the authority to develop and recommend for Council approval design guidelines and objective design standards to establish criteria for the review of those matters required to come before the Commission. The guidelines and standards may include criteria for site planning, landscape treatment, building design, and signs.
(B) The Citywide Design Guidelines, with the exception of Chapter 6 – Residential Design Guidelines prepared by Downtown Solutions and dated October 2009, are herein incorporated by reference.
(C) New construction and exterior remodels of residential uses are subject to the Single Family and Missing Middle Objective Design Standards and the Multi-Family Objective Design Standards, which may be adopted, amended, and repealed by City Council resolution.
(D) The Zoning Administrator, the Planning Commission and the City Council shall adhere to the adopted guidelines and standards, as amended, in site plan and design review as required in § 9-5.2607, and no such application shall be approved, unless it complies with the adopted guidelines and, unless findings can be made pursuant to
ATTACHMENT A
A1
2 division (GC) of this section. Findings are not required to be made for development applications deemed complete prior to the adoption of this section. (E) Ministerial residential projects shall be subject to the adopted standards and shall be reviewed against the adopted standards at building permit submittal. Findings are not required to be made for development applications deemed complete prior to the adoption of this section.
(F) In circumstances where conflicts arise between the design guidelines and standards and specific requirements of the zoning ordinance, then the design guidelines zoning ordinance shall supersede the zoning ordinance design guidelines and standards requirements.
(GC) In order to grant a waiver from adopted design guidelines and objective standards for projects, except as pursuant to division (H), the Zoning Administrator, Planning Commission or the City Council shall find at least one of the following:
(1) T hat because of special circumstances applicable to the subject property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the design guidelines is not feasible; or (2) T hat the overall project has a quali ty design, the majority of the project is consistent with the design guidelines and minor discrepancies with the design guidelines will not create a development that is undesirable or unsightly; or (3) T hat the project features a unique theme or style that is not addressed in the design guidelines, but the overall project is of such extraordinary design quality that the project will not create a development that is undesirable or unsightly. (H) In order to allow modifications to the adopted Multi-family Objective Design Standards, the Zoning Administrator, Planning Commission or City Council shall follow the procedure set forth in § 9-5.702.
S
ECTION 5: Seve rability.
If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
S
ECTION 6. CE QA.
The above amendments to the City’s Municipal Code are not considered a project under the California Environmental Quality Act under the common sense exemption ( CEQA Guidelines §15061(b)(3) because the proposed amendments will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.
S
ECTION 7: Pu blication; Effective Date
This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption and shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch. *
* * * * * *
A2
3 I HE REBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the 8th of August 2023, and passed and adopted at a regular m eeting thereof, held on the ____ day of _______ 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LAM AR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
AT
TEST:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A3
H
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 22, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Zoe Merideth, Senior Planner
APPROVED BY: Kevin Scudero, Acting Community Development Director SUBJECT: Renewal of Vesting Tentative Subdivision Map 357 -302-20, Final Development Plan, and Design Review
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution approving a one-year extension of the vesting tentative subdivision map, final development plan, and design review approvals for the Wild Horse Multifamily Project (Attachment A).
FISCAL IMPACT
There is no direct fiscal impact because of this action.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was adopted and certified on January 11, 2022.
DISCUSSION
On January 11, 2022, the City Council adopted (1) Resolution 2022/07, which approved the EIR Certification; (2) Resolution 2022/08 which approved the General Plan Amendment; (3) Ordinance 2201 -C-S rezoning the property to Planned Development District (PD-20-01); and (4) Resolution 2022/09 which approved the Vesting Tentative Subdivision Map (VTSM 357 -202-20) for condominium purposes , Final Development Plan and Desig n Review for the Wild Horse Multifamily Project. Resolution 2022/09 is included as Attachment B. The applicant is requesting an extension of the approvals found in Resolution 2022/09. The project consists of approximately 11.72 acres parcel located at the terminus of Wild Horse Road, between Le Conte Circle and State Route (SR) 4.
Analysis
The approved Conditions of Approval include General Conditions 1 for project expiration:
This approval expires two years from the date of approval by the City Council (January 11, 2024), unless a building permit has been issued and construction has diligently commenced thereon and has not expired, or an extension has been approved by the Zonin g Administrator. Requests for Antioch City Council Report
August 22, 2023 Agenda Item #H 2
extensions must be received in writing with the appropriate fees prior to the expiration of this approval. No more than one one-year extension shall be granted.
Chapter 4 “Subdivisions” and Article 3 “Tentative Maps” includes expiration and extension policies for approved tentative maps. This provision also requires the recommendation of the Planning Commission to the City Council for the extension approval of one additional year.
9-4.314 EXPIRATION AND EXTENSION.
An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. Upon an application of the subdivider filed prior to the expiration of the tentative map, and following the recommendation of the Commission, th e time at which the map expires may be extended by the Council for a period of one additional year.
The tentative map was approved on January 11, 2022, and is set to expire on January 11, 2024. The applicant has requested an extension of the map approval pursuant to Section 9-4.314 (See Attachment C) and is seeking a one -year approval extension with a new expiration date of January 11, 2025.
If approved, the new expiration date will be January 11, 2025. The previously approved Conditions of Approval and Tentative Map will be carried forward without any change and as originally approved by the City Council in January 2022.
ATTACHMENTS
A. Resolution extending the project approvals
B. Resolution 2022/09
C. Request Letter
RESOLUTION NO. 2023/XX
RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING
THE ONE-YEAR EXTENSION OF THE VESTING TENTATIVE SUBDIVISION MAP,
FINAL DEVELOPMENT PLAN, AND DESIGN REVIEW APPROVALS OF THE WILD HORSE MULTIFAMILY PROJECT (PD-20-01, AR-21-17)
W
HEREAS, the City of Antioch received a written request from Philip Su, applicant, for a one-year extension of the project approvals for the Wild Horse Multifamily Project. The extension would extend the expiration date of the approvals for Vesting Tentative Subdivision Map (VTSM 357- 302-20) for condominium purposes, Final Development Plan, and Design Review;
W
HEREAS, an Environmental Impact Report (EIR) and a Mitigation Monitoring and Reporting Program was prepared and adopted by the City Council on January 11, 2022 in conformance with the California Environmental Quality Act; W
HEREAS, a subsequent environmental document does not need to be prepared because (1) no changes to the project are proposed requiring revisions to the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, ( 2) no substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, and ( 3) no new information of substanti al importance, which was not known and could not have been known with the exercise of reasonable diligence or at the time the previous EIR was adopted; W
HEREAS, on January 11, 2022, the City Council duly held a public meeting, received and considered evidence, both oral and documentary and approved the Vesting Tentative Subdivision Map, Final Development Plan, and Design Review; W
HEREAS, the Planning Commission held a public meeting on July 19, 2023, considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request; W
HEREAS, the Planning Commission recommended that the City Council approve the extension;
W
HEREAS, the City Council held a public meeting on August 8, 2023, and continued the item until the August 22, 2023 City Council Meeting; and W
HEREAS, the City Council held a public meeting on August 22, 2023, considered all public comments received, the presentation by City staff, the staff report, and all other pertinent documents regarding the proposed request.
ATTACHMENT A
A1
RESOLUTION NO. 2023/**
August 22, 2023
NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves a one-year extension of the project approvals for the Vesting Tentative Subdivision Map (VTSM 357- 302-20) for condominium purposes, Final Development Plan, and Design Review for the Wild Horse Multifamily Project until January 11, 2025. *
* * * * * * *
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 22 nd day of August 2023, by the following vote:
A
YES:
N
OES:
ABS
TAIN:
ABS
ENT:
___
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
A2
CITY COUNCIL
RESOLUTION NO. 2022/ 09
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A VESTING TENTATIVE MAP, FINAL DEVELOPMENT PLAN, AND
DESIGN REVIEW FOR THE WILD HORSE MULTIFAMILY PROJECT
WHEREAS, the City of Antioch ( City) received an application from CCP- Contra Costa Investor, LLC ( Applicant), seeking approval of the following: EIR Certification, General Plan Amendment, Rezone to Planned Development District, Vesting Tentative Map, Final Development Plan, and Design Review for the development of a 126 multifamily unit residential community and associated improvements on an approximately
11.72 acre project site, known as the Wild Horse Multifamily Project ( PD-20-01, GP- 20- 03, AR- 21- 17);
WHEREAS, the project site consists of an approximately 11.72 acre parcel located at the terminus of Wild Horse Road, between Le Conte Circle and State Route ( SR) 4 APN: 041- 022- 003);
WHEREAS, a Final Environmental Impact Report ( Final EIR) and Mitigation Monitoring and Reporting Program was prepared in accordance with the California Environmental Quality Act (" CEQA") Guidelines Section 15162; WHEREAS, on December 1, 2021, the Planning Commission recommended to the City Council certification of the Final Environmental Impact Report, based on findings of fact and adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program;
WHEREAS, on January 11, 2022, the City Council certified the Final Environmental Impact Report, based on findings of fact and adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; WHEREAS, the applicant has prepared Design Guidelines for the Project in order to customize the City of Antioch' s Residential Design Guidelines specifically for the Project;
WHEREAS, on October 21, 2021, the Parks and Recreation Commission considered the Wild Horse Multifamily Project and did recommend to the Planning Commission that the project be obligated to pay $ 119, 700 in parkland dedication in lieu fees. The Planning Commission did recommend to the City Council on December 1, 2021 that the project be obligated to pay $ 119,700 in parkland dedication in lieu fees; WHEREAS, on December 1, 2021, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary, and recommended approval of a Vesting Tentative Subdivision Map, Final Development Plan, and Design Review to the City Council;
ATTACHMENT B
B1
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
WHEREAS, the City Council duly gave notice of public hearing as required by law; and
WHEREAS, on January 11, 2022, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary.
NOW, THEREFORE, BE IT RESOLVED, that the City Council makes the following required findings for approval of a Vesting Tentative Subdivision Map:
1. The Vesting Tentative Subdivision Map, design and improvements are consistent with the General Plan, as required by Section 66473. 5 of the Subdivision Map Act and the City' s Subdivision Regulations. The site has a proposed General Plan Designation of High Density Residential and the Vesting Tentative Subdivision Map will accommodate uses that are consistent with the proposed General Plan designation.
2. The project proposed by the Vesting Tentative Subdivision Map for Condominium Purposes complies with the rules, regulations, standards and criteria of the City' s Subdivision Regulations. The City' s Planning and Engineering staff have reviewed the Vesting Tentative Subdivision map and evaluated the effects of the map proposed and have determined that the Vesting Tentative Map, as conditioned, complies with and conforms to all the applicable rules, regulations, standards, and a
criteria of the City' s Subdivision Regulations.
3. The Project' s conditions of approval protect the public safety, health and general welfare of the users of the project and surrounding area. In addition, the conditions ensure the project is consistent with all applicable City standards.
BE IT FURTHER RESOLVED, that the City Council makes the following findings for approval of a Final Development Plan:
1. Each individual unit of the development can exist as an independent unit capable of creating an environment of sustained desirability and stability, and the uses proposed will not be detrimental to present and potential surrounding uses but instead will have a beneficial effect which could not be achieved under another zoning district because the project will provide new housing options to the area while remaining compatible with existing surrounding development. The project is designed to function independently while remaining interconnected through pathways and access for both vehicles and pedestrians.
2. The streets and thoroughfares proposed meet the standards of the city' s Growth Management Program and adequate utility service can be supplied to all phases of the development because the Project design minimizes traffic impacts to the existing street system and encourages internal pedestrian circulation within the development. The Project will be required to construct all required streets and B2
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
utilities to serve the project. The final design, location, and size of these improvements will be subject to the approval of the City Engineer. As shown in the project's FinalEIR, adequateutilityservicecan be suppliedto the project. the projectwill be constructingallthe requiredstreetsandutilitiesto servethe project.
3. Any commercial components are justified economically at the location( s) proposed. There are no commercial components to the project
4. Any residentialcomponentwillbe in harmonywiththe characterof thesurrounding neighborhood and community and will result in densities no higher than that permittedby the GeneralPlanbecausethe projecthas beendesignedto comply with City densitystandards, and the proposeddensitiesare within GeneralPlan allowances. The projectincludesmultifamilydevelopmentthat is consistentwith the overall intent of the General Plan.
5. Any industrialcomponentconformsto applicabledesirable standardsand will constitute an efficient, well- organized development with adequate provisions for railroad and/or truck access and necessary storage and will not adversely affect adjacent or surrounding development. There are no industrial components of the project.
6. Any deviationfrom the standardzoningrequirementsis warrantedby the design and additional amenities incorporated in the final development plan which offer certain unusual redeeming features to compensate for any deviations that may be permitted. The proposedPD zone was intendedto allow for currentand future flexibilityin development. Minordeviationsto developmentstandardshave been incorporated into the Wild Horse Multifamily Project Planned Development Ordinance that respond to specific limitations, including topography and existing infrastructure, of the project site.
7. The area surrounding the P-D District can be planned and zoned in coordination and substantial compatibility with the proposed development because the land surroundingthe Projectis alreadydevelopedandthe proposalhasbeendesigned to compatible with surrounding uses.
8. The P-D District conforms to the General Plan of the city because the amendment to the General Plan to change the designation of the site to High Density Residential allows continues to allow residential development to occur at the site while allowingflexibilityof developmenttypes. The intent of the GeneralPlan is being maintained.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch does herebyAPPROVEa VestingTentativeMap, Final DevelopmentPlan, and Design Review for the development of a 126 multifamily unit residential community and associated improvements on an approximately 11. 72 acre project site, known as the Wild B3
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
Horse Multifamily Project( PD-20-01, GP-20-03, AR-21-17) located at the terminus of Wild Horse Road, between Le Conte Circle and State Route ( SR) 4 ( APN: 041- 022- 003) subject to the following conditions:
A. GENERAL CONDITIONS
1. The developmentshall complywith the City of Antioch MunicipalCode, unless a specific exception is granted thereto, or is otherwise modified in these conditions.
2. Concurrentwith the first submittal of grading or improvementplans, the developershallsubmita site planexhibitshowingthe site planas modified by conditions and approvals.
3. This approvalexpirestwoyearsfromthe dateof approval (ExpiresJanuary 11, 2024) unless a building permit has been issued and construction has diligently commenced thereon and not expired, or an extension has been approved by the Zoning Administrator. Requests for extensions must be received in writing with the appropriate fees prior to the expiration of this approval. No more than one, one-year extension shall be granted.
4. The developershall defend, indemnify, and hold harmlessthe City in any action brought challenging any land use approval or environmental review for the Project. In addition, developer shall pay any and all costs associated with any challenge to the land use approval or environmental review for the Project, including, withoutlimitation, the costs associatedwith any election challenging the Project.
5. A final and unchallengedapproval of this project supersedes previous approvals that have been granted for this site.
6. Permits or approvals, whether discretionary or ministerial, will not be considered if the developer is not current on fees, reimbursement and/ or other payments that are due the City.
7. All advertising signs shall be consistent with the Sign Ordinance or as approved by the Community Development Director.
8. All required easements or rights-of-way for improvements shall be obtained by the developer at no cost to the City of Antioch. Advance permission shall be obtainedfromanypropertyor, if requiredfromeasementholders, forany work done within such property or easements.
B4
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
9. All easements of record that are no longer required and affect individual lots or parcelswithinthis projectshall be removedpriorto or concurrentlywith the recordation of the parcel map for condominium purposes or subsequent separate document as approved by City Engineer.
B. VESTING TENTATIVE MAP CONDITIONS
1. The Vesting Tentative Map for condominium purposes approval is subject to the time lines established in the State of California Subdivision Map Act.
2. Approval is based upon substantial conformance with the Vesting Tentative MapforcondominiumpurposespreparedonAugust10, 2020, revisedon October 26, 2020 and stamped received by the Community Development Department on October 30, 2020.
3. Approval of this Vesting Tentative Map for condominium purposes shall not constitute the approval of any improvements shown on the Vesting TentativeMapfor condominiumpurposesand shall not be construedas a guaranteeof futureextensionor re-approvalsof this or similarmaps, nor is it an indication of future availability of water or sewer facilities or permission to develop beyond the capacities of these facilities.
C. DISTRICTS AND ANNEXATION
1. Prior to filing of a parcel map for condominium purposes for recording, the developer shall annex into the District 1 Zone 1 Lighting and Landscaping District ( LLD) and accept a level of annual assessments sufficient to maintain public facilities in the vicinity of the project area at no cost to the City. The annual assessment shall cover the actual annual cost of maintenance as described in the Engineer' s Report.
2. Priorto filing of a parcelmapfor condominiumpurposesfor recording, the developer shall annex into CFD 2018- 02 ( Police Protection).
D. HOME OWNERS ASSOCATION AND CC& RS
1. The developer shall establish a Home Owners Association ( HOA) for this project in conformancewith the regulationsset forth by the California Department of Real Estate. The HOA shall be responsible for maintaining all on- site landscaping, roadway ( including striping and signing), concrete including sidewalk, curb, gutter and curb ramps), street lighting, bio- retention basins, and storm drain facilities.
B5
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
2. The City shall be reimbursed for maintenance of landscape, roadway including striping and signing), concrete ( including sidewalk, curb, gutter and curb ramps), bio-retentionbasins, stormdrainfacilities, street lighting, and all otherHOAfacilitiesandamenitiesnot maintainedbythe HOAto an acceptable City level.
3. A parking lot sweeping program shall be implemented that, at a minimum, providesfor sweepingimmediatelyprior to the storm seasonand prior to each storm event.
4. Subject to approval by the state, the Codes, Covenants and Restrictions CC&Rs) forthesubdivisionshallincludeaprovisionindicatingthattheCity of Antioch is named as a third-party beneficiary with the right, but not the obligation,
to enforce the provisions of the CC&Rs relating to the
maintenanceandrepairofthe propertyandimprovements, includingbutnot limited to landscaping, streets, curbs, gutters, streetlights, parking, open space, stormwaterfacilitiesandthe prohibitionof nuisances. The Cityshall have the same rights and remedies as the Association, Manager or Owners are affordedunderthe CC&Rs, includingbut not limitedto rights of entry.
This right of enforcement is in addition to all other legal and equitable remedies available to the City, including the right to refuse to issue building permits for any building or structure that is not in compliance with applicable federal, state or local laws, regulations, permits or approvals. Neither action nor inactionbythe Cityshallconstitutea waiveror relinquishmentof any rights or remedies. In addition, the CC&Rs shall include a provision that any design approvals required by the CC& RS for construction, reconstruction and remodeling are in addition to any approvals needed from the City as well. Further, the CC& Rs cannot be terminated or amended materially without the prior written consent of the Community Development Director and the City Attorney of the City of Antioch. Material changes are those that would change the fundamental purpose of the development including but not limited to:
City approvals of uses or external modifications.
Property ownership or maintenance obligations including, but not limited to, common areas, storm water and landscaping.
The CC&Rs for this projectshallbe reviewedandapprovedby the City Attorney and the Community Development Director prior to the issuance of the first building permit.
B6
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
E. CONSTRUCTION CONDITIONS
1. The use of construction equipment shall be as outlined in the Antioch Municipal Code and is restricted to weekdays between the hours 8: 00 A. M. and 5: 00 P. M., or as approved in writing by the City Manager. Requests for alternative days/time may be submitted in writing to the City Engineer for consideration.
2. The project shall be in compliance with and supply all the necessary documentation for Antioch Municipal Code § 6- 3. 2: Construction and Demolition Debris Recycling.
3. Standard dust control methods and designs shall be used to stabilize the dust generated by construction activities. The developer shall post dust control signage with a contact number of the developer, City staff, and the air quality control board.
4. The site shall be kept clean of all debris ( boxes, junk, garbage, etc.) at all times.
F. SITE AND PROJECT DESIGN
1. Provisions for mail delivery and locations of mailbox facilities shall be reviewed by the USPS and approved by the City Engineer prior to the issuance of a building permit.
2. All proposed improvements shall be constructed to City standards or as approved by the City Engineer.
3. All public streets shall intersect at approximately 90 degrees and meet the requirements of Caltrans Highway Design Manual for Intersection Design Standards ( Topic 405), as approved by the City Engineer.
4. All driveways shall be perpendicular or radial to the street centerline, or as approved by the City Engineer.
5. Maximum driveway slope shall be 12% or as approved by the City Engineer.
6. All driveways shall be a minimum of five feet ( 5') from the curb return.
7. Curb ramps shall meet the latest version of Caltrans ramps.
B7
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
8. Monolithic sidewalks with beveled curb shall be six inches ( 6") thick and reinforced as approved by the City Engineer. Sidewalks at driveway approaches shall be ADA complaint. Minimum sidewalks widths shall be as follows:
Adjacent to beveled curb, 4 feet excluding curb (bevel curb to be 12" deep by 3" high with 1/2" lip and 18" gutter).
Adjacent to vertical curb, 4.5 feet excluding curb.
9. Sight distance triangles shall be maintained per Antioch Municipal Code § 9-5.1101 Site Obstructionsat Intersections, or as approvedby the City Engineer.
10. A minimum of a twenty- foot ( 20') tangent shall extend beyond the return at intersections at public streets for the maintenance of adequate sight distance, or as approved by the City Engineer.
11. In cases where a fence is to be built in conjunction with a retaining wall, and the wall face is exposed to a side street, the fence shall be setback a minimum of three feet ( 3') behind the retaining wall per Antioch Municipal Code § 9-5. 1603, or as approved by the City Engineer.
12. Thestreetnamesfor thestreetslistedbelowshallbeapprovedby Planning Commission prior to recordation of the parcel map for condominium purposes. Changes to street names shall require Planning Commission review and approval.
Street ' A'
Street ' B'
13. The developer shall provide a "checklist" of universal design accessibility features to home buyers as required by Health and Safety Code § 17959. 6.
14. All improvements for each lot ( water meters, sewer cleanouts, etc.) shall be contained outside of the driveway and within the lot and the projection of its sidelines, or as approved by the City Engineer.
15. The developer shall install and maintain streetlights within the project area at no cost to the City.
16. Guest parking shall be provided at the site at a minimum rate of one spot per every five units.
17. Cul- de- sac parking shall be provided as required by the City Engineer.
B8
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
18. Allfencingadjacentto openspace (trailsandbasins) shallbewroughtiron or tubular steel and shall be located at the top of slope.
19. All standard two-car garages shall be a minimum of twenty feet by twenty feet ( 20' x 20') clear inside dimensions. All tandem two- car garages shall have a minimum dimension of ten feet by forty feet ( 10' x 40') clear inside dimensions.
20. The developer and then the HOA, once the CC& Rs are operative, shall maintain all undeveloped areas within this subdivision in an attractive manner, which shall also ensure fire safety.
G. UTILITIES
1. Public utilities shall be constructed to their ultimate size and configuration with the road construction in which they are to be located.
2. All existingand proposedutilitiesshallbe undergrounded (e.g. transformers and PMH boxes) and subsurface in accordance with the Antioch Municipal Code, or as approved by the City Engineer.
3. All sewage shall flow by gravity to the intersecting street sewer main.
4. All publicutilities, includingstormdrainpipesandditches, shallbe installed in streets avoiding between lot locations. All proposed drainage facilities, includingopenditches, shall be constructedof PortlandConcreteCement or as approved by the City Engineer.
5. Prior to the recordation of the parcel map for condominium purposes, the developer shall submit hydrology and hydraulic analyses with a storm water controlplanthat provesthe adequacyof the in-tract drainagesystemand downstream drainage system to the City for review and approval and to Contra Costa County Flood Control for review at no cost to the City as directed by the City Engineer.
6. The detention basin and associated improvements shall be constructed priorto issuanceof first buildingpermitfor residentialstructures.
7. The developer shall provide adequate water pressure and volume to serve this development. This will include a minimum residual pressure of 20 psi with all losses included at the highest point of water service and a minimum static pressure of 50 psi or as approved by the City Engineer. See Fire Requirements for additional water flow conditions.
B9
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
8. Buildingsshallcontainrainguttersanddownspoutsthatdirectwateraway fromthe foundationas approvedby the CityEngineer.
9. Prior to acceptanceof public utilities, the developer shall provide GPS coordinates of all in and above ground assets. This includes all Water DistributionUtilityfeatures, CollectionUtilityfeatures, StormWaterUtility features, and inverts associated with these features. Developer shall also includeGPScoordinatesof metalsubdivisionentrywaysigns, streetsigns, light poles, and irrigation controllers. These GPS coordinates must betaken on a survey-grade sub-meter GPS data receiver/collector and provided in GIS shapefile format using the North American 1983 Coordinate System.
H. LANDSCAPING
1. Landscaping on all slopes, medians, C.3 basins and open space areas shall be approved by the City Engineer and shall be installed, at no cost to the City.
2. Finallandscapeand irrigationplansshallbesubmittedto the Cityfor review and approval at the time the design review for the multifamily buildings are submitted. All landscaping and irrigation shall be installed in accordance with approvedplanspriorto the issuanceof certificatesof occupancy.
3. Landscapingfor the projectshall be designedto complywith the City of Antioch Water Efficient Landscape Ordinance ( WELO). Prior to issuance of a building permit, the developer shall demonstrate compliance with the applicable requirements of the WELO in the landscape and irrigation plans submitted to the City.
4. Basedondroughtconditions, theCityEngineerhastheauthorityto delay some or all of the landscape Conditions of Approval.
5. All trees shall be a minimum 15-gallon size and all shrubs shall be a minimum 5-gallon size.
FIRE REQUIREMENTS
1. Theapplicantshallcomplywiththeconditionsprovidedbythe ContraCosta Fire Protection District in the letter dated December 23, 2020.
J. FEES
1. The developershall pay all Cityfees which have been establishedby the City Council and as required by the Antioch Municipal Code.
B10
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
2. Prior to recordation of parcel map for condominium purposes, developer shall pay the Contra Costa County Flood Control District Drainage Area fee per letter dated January 4, 2021 and Contra Costa County map maintenance fee.
3. The developer shall pay all pass- through fees. Fees include but are not limited to:
a. East Contra Costa Regional Fee and Financing Authority ( ECCRFFA) Fee in effect at the time of building permit issuance.
b. Contra Costa County Fire Protection District Fire Development Fee in place at the time of building permit issuance.
c. Contra Costa County Map Maintenance Fee in affect at the time of recordation of the parcel map for condominium purposes. d. Contra Costa County Flood Control District Drainage Area fee. e. School Impact Fees.
f. Delta Diablo Sanitation Sewer Fees.
g. Contra Costa Water District Fees.
K. MODEL HOMES
1. If developer requests model homes or sales trailer, prior to the placement of any sales trailers, plans shall be submitted to the Engineering Department for review and approval. Any trailer shall be placed out of the public right- of-way and shall have its own parking lot.
2. The model home complex parking lot location and design shall be subject to the City Engineer' s approval.
3. The model home landscaping shall be drought tolerant, with total area of spray irrigation for the complex not to exceed 50 percent of the landscaping area.
L. GRADING
1. Prior to the approval of the grading plan( s), the City Engineer shall determine if it is necessary to engage soils and structural engineers, as well as any other professionals, deemed necessary to review and verify the adequacy of the building plans submitted for this project. If deemed necessary by the City Engineer, this condition may include field inspections by such professionals to verify implementation of the plans. Costs for these services shall be borne by the developer.
B11
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
2. The grading operation shall take place at a time, and in a manner, so as not to allow erosion and sedimentation. The slopes shall be landscaped and reseeded as soon as possible after the grading operation ceases. Erosion measures shall be implemented during all construction phases in accordance with an approved erosion and sedimentation control plan.
3. A grading permit shall be required prior to any grading operations.
4. All lots and slopes shall drain to approved drainage facilities as approved by the City Engineer.
5. All grading shall be accomplished in a manner that precludes surface water drainage across any property line.
6. All lots shall be graded to drain positively from the rear to the street or as approved by the City Engineer.
7. The swales adjacent to the house structure shall have a minimum of a two percent ( 2%) slope or as directed by the City Engineer.
8. All off-site grading is subject to the coordination and approval of the affected property owners and the City Engineer. The developer shall submit written authorization to " access, enter, or grade" adjacent properties prior to performing any work.
9. Any sale of a portion ( or portions) of this project to multiple developers shall include the necessary agreement and/ or grading easements to assure that project- wide grading conforms to the approved map and conditions of this resolution.
10. The grading plan for this development shall be approved by the City Engineer.
11. All elevations shown on the plans shall be on the USGS 1929 sea level datum or NAVD 88 with conversion information, as approved by the City Engineer.
12. Retaining walls shall not be constructed in City right-of-way or other City maintained parcels unless approved by the City Engineer.
13. All retaining walls shall be of masonry construction.
14. Wall and fence locations shall be included on the grading plan.
B12
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
15. All retaining walls shall be reduced in height to the maximum extent practicable and the walls shall meet the height requirements in the front yard setback and sight distance triangles as required by the City Engineer.
16. The back- to- back or side- to- side grading transitions from lot-to- lot shall have a maximum slope of 2: 1, and shall be accommodated entirely on the lower lot or as approved by the City Engineer.
17. The minimum concrete gutter flow slope shall be 0.75%.
18. All property lines shall be located at the top of slope.
M. CONSERVATION/ NPDES
1. Water conservation measures, including low volume toilets, flow restrictors in showers and the use of drought tolerant landscaping, shall be used.
2. The Project shall meet or exceed Tier 1 of the CALGreen Building Code.
3. The project shall comply with all Federal, State, and City regulations for the National Pollution Discharge Elimination System ( NPDES) ( AMC§ 6- 9).
Note: Per State Regulations, NPDES Requirements are those in affect at the time of the Final Discretional Approval.) Under NPDES regulations, the project is subject to provision C. 3: New development and redevelopment regulations for storm water treatment. Provision C. 3 requires that the project include storm water treatment and source control measures, as well run- off flow controls, so that post- project runoff does not exceed estimated pre- project runoff. C. 3 regulations require the submittal of a Storm Water Control Plan ( SWCP) that demonstrates how compliance will be achieved.
The SWCP shall be submitted simultaneously with the project plans. For the treatment and flow- controls identified in the approved SWCP, a separate Operation and Maintenance Plan ( O& M) shall be submitted and approved before the Building Department will issue Certificate of Occupancy permits. Both the approved SWCP and O& M plans shall be included in the project CC& Rs. Prior to building permit final and issuance of a Certificate of Occupancy, the developer shall execute any agreements identified in the Storm Water Control Plan that pertain to the transfer of ownership and/ or long- term maintenance of storm water treatment or hydrograph modification BMPs. Already stated in COAs below, 5.c and
5. h. w.
4. Additional information regarding the project SWCP is necessary and modifications to the SWCP shown on the proposed Vesting Tentative Map may be required in order to comply with C. 3 regulations.
B13
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
5. The following requirements of the federally mandated NPDES program National Pollutant Discharge Elimination System) shall be complied with as appropriate, or as required by the City Engineer:
a. Prior to issuance of permits for building, site improvements, or landscaping, the developer shall submit a permit application consistent with the developer' s approved Storm Water Control Plan, and include drawings and specifications necessary for construction of site design features, measures to limit directly connected impervious area, pervious pavements, self- retaining areas, treatment BMPs, permanent source control BMPs, and other features that control storm water flow and potential storm water pollutants.
b. The Storm Water Control Plan shall be certified by a registered civil engineer, and by a registered architect or landscape architect as applicable. Professionals certifying the Storm Water Control Plan shall be registered in the State of California and submit verification of training, on design of treatment measures for water quality, not more than three years prior to the signature date by an organization with storm water treatment measure design expertise ( e. g., a university, American Society of Civil Engineers, American Society of Landscape Architects, American Public Works Association, or the California Water Environment Association), and verify understanding of groundwater protection principles applicable to the project site ( see Provision C.3.i of Regional Water Quality Control Board Order R2 2003 0022). c. Prior to building permit final and issuance of a Certificate of Occupancy, the developer shall submit, for review and approval by the City, a final Storm Water BMP Operation and Maintenance Plan in accordance with City of Antioch guidelines. This O&M plan shall incorporate City comments on the draft O&M plan and any revisions resulting from changes made during construction. The O& M plan shall be incorporated into the CC& Rs for the Project.
d. Prior to building permit final and issuance of a Certificate of Occupancy, the developer shall execute and record any agreements identified in the Storm Water Control Plan which pertain to the transfer of ownership and/ or long-term maintenance of storm water treatment or hydrograph modification BMPs.
e. Prevent site drainage from draining across sidewalks and driveways in a concentrated manner.
f. Collect and convey all storm water entering, and/ or originating from, the site to an adequate downstream drainage facility without diversion of the B14
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
watershed. Submit hydrologic and hydraulic calculations with the Improvement Plans to Engineering Services for review and approval. g. Prior to issuance of the grading permit, submit proof of filing of a Notice of Intent ( NOI) by providing the unique Waste Discharge Identification Number( WDID#) issued from the Regional Water Quality Control Board. h. Submit a copy of the Storm Water Pollution Prevention Plan ( SWPPP) for review to the Engineering Department prior to issuance of a building and/ or grading permit. The general contractor and all subcontractors and suppliers of materials and equipment shall implement these BMP' s.
Construction site cleanup and control of construction debris shall also be addressed in this program. Failure to comply with the approved construction BMP may result in the issuance of correction notices, citations, or a project stop work order.
i. Install appropriate clean water devices at all private storm drain locations immediately prior to entering the public storm drain system. Implement Best Management Practices ( BMP' s) at all times.
j. Install on all catch basins " No Dumping, Drains to River" decal buttons. k. If sidewalks are pressure washed, debris shall be trapped and collected to prevent entry into the storm drain system. No cleaning agent may be discharged into the storm drain. If any cleaning agent or degreaser is used, wash water shall be collected and discharged to the sanitary sewer, subject to the approval of the sanitary sewer District.
I. Include erosion control/ storm water quality measures in the final grading plan that specifically address measures to prevent soil, dirt, and debris from entering the storm drain system. Such measures may include, but are not limited to, hydro seeding, gravel bags and siltation fences and are subject to review and approval of the City Engineer. If no grading plan is required, necessary erosion control/ storm water quality measures shall be shown on the site plan submitted for an on-site permit, subject to review and approval of the City Engineer. The developer shall be responsible for ensuring that all contractors and subcontractors are aware of and implement such measures. m. Sweep or vacuum the parking lot(s) a minimum of once a month and prevent the accumulation of litter and debris on the site. Corners and hard to reach areas shall be swept manually.
n. Ensure that the area surrounding the project such as the streets stay free and clear of construction debris such as silt, dirt, dust, and tracked B15
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
mud coming in from or in any way related to project construction. Areas that are exposed for extended periods shall be watered regularly to reduce wind erosion. Paved areas and access roads shall be swept on a regular basis. All trucks shall be covered.
o. Clean all on-site storm drain facilities a minimum of twice a year, once immediately prior to October 15 and once in January. Additional cleaning may be required if found necessary by City Inspectors and/ or City Engineer.
6. Per State Regulations, all impervious surfaces including off- site roadways to be constructed as part of the project, are subject to C.3 requirements.
7. Defined emergency spillway shall be included in the bioretention basin' s design to convey potential overflow due to large storm events from the basin and mitigate flooding on adjacent properties and an Operations and Maintenance Manual shall be submitted for basins.
N. PARCEL MAP REQUIREMENTS
1. The parcel map for condominium purposes submittal shall include all of the required information described in Title 9, Chapter 4, Article 5: Final Maps, of the Antioch Municipal Code, including, but not limited to:
a. Improvement security in one of the following forms:
Bond or bonds issued by one or more duly authorized corporate securities in an amount equal to 100% of the total estimated costs of the improvements for faithful performance, and in an amount equal to 100% of the total estimated costs of the improvements for labor and materials.
ii. A deposit, either with the city or a responsible escrow agent or trust company, at the option of the City Engineer, of money or negotiable bonds of the kind approved for securing deposits of public moneys, in the amounts and for security as specified above, to be released in the same manner as described above for bonds.
iii. An irrevocable letter of credit in form acceptable to the City Attorney issued by a financial institution acceptable to the City Attorney in an amount equal to 100% of the total estimated costs of the improvements for faithful performance, no part thereof to be released until such time as specified by state law. b. An original, signed improvement agreement, to be executed by the developer, guaranteeing the completion of the construction of the B16
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
improvements required by the governing body within a specified time and payment therefore, satisfactory to the City Attorney as to legality and satisfactory to the City Engineer as to amount.
c. A letter from the Tax Collector showing that all payable taxes have been paid and a bond for the payment of taxes then a lien but not yet payable, as required by the Subdivision Map Act.
d. A cash payment, or receipt therefore, of all the fees required for the checking and filing of the maps and the inspections of the construction; payment for the street signs to be furnished and installed by the city, if required by the developer; a cash deposit for the payment of such fire hydrant rental fees as may be established by the respective fire districts or water company or district having jurisdiction; and any other applicable fees or deposits.
e. Deeds for the easements or rights- of-way for road purposes map. f. Written evidence acceptable to the city, in the form of rights of entry or permanent easements across private property outside the subdivision, permitting or granting access to perform the necessary construction work and permitting the maintenance of the facility.
g. Agreements acceptable to the city, executed by the owners of existing utility easements within the proposed roads rights-of-way, consenting to the dedication of roads or consenting to the joint use of the rights- of-way as may be required by the city for the purpose use and convenience of the roads.
h. A surety bond acceptable to the city, guaranteeing the payment of the taxes and assessments which will be a lien on the property, as set forth in the Subdivision Map Act, when applicable.
Payment of map maintenance fee.
j. Payment of the assessment district apportionment fee, if applicable. k. Evidence of annexation into Police Services Fee CFD
Evidence of payment of Contra Costa County Flood Control District fees.
m. A preliminary soil report, prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations of every subdivision, as defined in Cal. Gov' t Code §§ 66490 and 66491. The B17
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
preliminary soil report may be waived if the City Engineer shall determine that, due to the knowledge of such department as to the soil qualities of the subdivision, no preliminary analysis is necessary.
2. Concurrentwith, or prior to, submittal of the Final SubdivisionMap, the developer shall submit evidence of annexation into all required districts, including Community Facilities District and Lighting and Landscape District.
O. MITIGATION MONITORING AND REPORTING PROGRAM
1. The developer shall comply with all mitigation measures identified in the Mitigation Monitoring and Reporting Program for the Wild Horse Multifamily Project.
P. PROJECT SPECIFIC CONDITIONS
1. This approval applies to the following documents; a. Vesting tentative map for condominium purposes and final development plans and other design drawings dated received by the Community Development Department on October 30, 2020
b. Landscaping plans dated received by the Community Development Department on August 12, 2020
c. Su Property Design Guidelines dated received by the Community Development Department on October 30, 2020
d. Stormwater Control Plan for Su Property dated received by the Community Development Department on October 30, 2020.
2. Prior to the development of the project, the applicant shall secure a use permit and design review approval from the Planning Commission.
3. Developer shall record parcel map for condominium purposes prior to the issuance of a building permit.
4. Wild Horse Road extension shall be fully landscaped to the satisfaction of the City Engineer, prior to the issuance of the first building permit.
Improvements shall be full width ( both sides of street) for the full length of Wild Horse Road extension plus the adjacent unimproved street frontage areas. For the purpose of this condition, Wild Horse extension shall be definedasfromthe intersectionwith LeConteCircleupto and includingthe underpass of Highway 4.
5. Developer shall provide all the necessary signing, striping and street improvements along Wild Horse Road necessary to provide safe access to and from their proposed entrance. Improvements may include but not be B18
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
limited to accessibility, safety signage, view corridors, safe pavement transitions, etc. The entrance shall be a " street cut" design.
6. No Parking Any Time ( R26) signage shall be installed per California MUTCD standards at locations along project frontage as approved by the City Engineer.
7. Stop sign shall be installed at driveway exits onto Wild Horse Road.
8. Street ' A', Street ' B', and all interior drive aisles between building units shall have a street width of 26', a minimum traffic index ( TI) of 6, and a minimum pavement thickness of 4" AC over 12" Class II AB.
9. Street ' A' and Street ' B' shall have 5' sidewalk on both sides of streets.
10. The parking lot striping and signing plan shall be approved by the City Engineer.
11. All parking spaces shall be double-striped and all parking lot dimensions shall meet minimum City policies and Antioch Municipal Code requirements.
12. The City of Antioch franchise waste hauler shall provide approval for the location of all trash enclosures, subject to the approval of the City Engineer.
Trash enclosures shall not be located within any easement areas. Trash bins shall not be stored in the required garage space for each unit.
13. Trash enclosures shall be screened with landscaping and painted to match the building design. The trash enclosure shall comply with AMC § 9- 5. 1401 Refuse Storage Area Design Guidelines. The trash enclosures shall be depicted on the Design Review application.
14. The applicant shall show a turning template on the site plan verifying that trucks can safely ingress, egress, and successfully maneuver throughout the site.
15. Prior to the issuance of the building permit for the construction of the 7th multifamily unit, open space/play area shall be constructed and completed.
16. As recommended by the Parks and Recreation Commission on October 21, 2021, the following conditionshall apply prior to the issuanceof the 1st building permit:
Park- in- lieu fees in the amount of$ 119, 700 shall be paid to the City of Antioch to meet the Project' s park land dedication obligation.
B19
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
17. The final privateparkdesignshall be reviewedand approvedby the Parks and RecreationCommissionprior to the issuanceof a buildingpermitfor the park.
18. The private park shall meet all the City's park design standards current at the time of park construction and shall include a color scheme soothing for children with visual sensitivities.
19. The developer shall disclose to each property owner in the development that the Contra Costa Water District property that borders the development contains hydrological improvements and related service structures which may be altered or expanded by the Water District.
20. All units shall have two covered and enclosed parking spaces in a garage.
Up to 50% of the parking spaces may be tandem parking.
21. The project shall be built in conformance with the Su Property Design Guidelines, dated received by the Community Development Department on October 30, 2020, unless modified by the conditions of approval or the Planned Development Ordinance for the project. Major deviations from or modification to the Design Guidelines shall be approved by the Planning Commission. Minor deviations may be approved by the Zoning Administrator.
22. The landscaping plans shall be revised to use non- invasive, drought tolerant, native plants. The revisions shall be shown on the final landscaping plan submittal.
23. A Community Facilities District (CFD) for fire protection shall be required for this project. The developer shall enter into a Memorandum of Understanding with the Contra Costa County Fire Protection District regarding the establishment of the CFD or annexation of the property into an existing CFD.
24. The park shall be designed to be an all-abilities park.
25. The project shall provide speed humps/ speed bumps at the entrance of the project. The design shall be reviewed and approved by the City Engineer prior to issuance of a building permit.
B20
RESOLUTION NO 2022/ 09
JANUARY 11, 2022
I HEREBY CERTIFY that the foregoing recommendation was passed and adopted bytheCityCounciloftheCityofAntioch, at a regularmeetingthereof, heldonthe 11th day of January, 2022 by following vote:
AYES: Council Members District 3 Ogorchock, District 4 Wilson and Mayor Pro Tern ( District 2) Barbanica
NOES: Council Members District 1 Torres- Walker
ABSTAIN: None
ABSENT: None
RECUSED: Mayor Thorpe
ELIZABETH HOUSEHOLDER
City Clerk of the City of Antioch
B21
ATTACHMENT C
C1
DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of August 22, 2023
Honorable Mayor and Members of the City Council
Brandon Peters, GIS Coordinator
Scott Buenting, Acting Public Works Director/City Engineer? Small Government Agreement with Environmental Systems
Research Institute, Inc.
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving a sole source request for consulting services with Environmental Systems Research, Inc.; and
2. Authorizing the Acting City Manager to execute a consulting services agreement with Environmental Systems Research, Inc. for GIS licensing, software, and integrations for Public Works, for a total amount not to exceed $255,000.
FISCAL IMPACT
The fiscal year 2023/24 Operating Budget has adequate funds for these GIS services.
DISCUSSION
Staff is requesting City Council approve a sole source request with Environmental Systems Research, Inc. ("ESRI"). A sole source approval is requested as ESRl's proprietary software is the current mapping system utilized by the City and serves as the system of record throughout various City departments. These departments include Public Works, Community Development, and the Police Department. ESRI is the only vendor who can provide licensing and permanent use-rights for the City to use its software.
Staff is requesting the City Council to authorize the Acting City Manager to execute a consulting services agreement with ESRI, for a total amount not to exceed $255,000. This agreement would enter the City into an enterprise agreement with ESRI based on a three year term, and fixed annual costs of $85,000 per fiscal year. The ESRI enterprise agreement incorporates permanent-use rights for software licensing, technical support, and all software updates. As a result, this agreement centralizes system management K
Agenda Item #
Antioch City Council Report
August 22, 2023 Agenda Item #K 2
and administration of our GIS , significantly reducing administrative and maintenance costs.
ATTACHMENTS
A. Resolution
B. Bid Submission
ATTACHMENT “A”
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A SOLE SOURCE REQUEST AND AUTHORIZING THE ACTING CITY
MANAGER TO EXECUTE AN AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR AN ENTERPRISE LICENSING AGREEMENT
WHEREAS, a sole source approval is requested as Environmental Systems Research Institute, Inc.’s ( “ESRI”) proprietary softwar e is the current mapping system utilized by the City and serves as the system of record throughout various City departments including Public Works , Community Development and the Police Department;
WHEREAS, ESRI is the only vendor who can provide licensing and permanent use-rights for the agreement duration authorizing the City to use its software;
WHEREAS, these services will incorporate permanent -use rights for software licensing, technical support, and all software updates, and as a result, wi ll centralize the system management and administration of our GIS, significantly reducing administrative and maintenance costs;
WHEREAS, the City Council has considered approving an agreement with ESRI, for a total amount not to exceed $255,000 based on a three-year term, and fixed annual costs of $85,000 per fiscal year; and
WHEREAS, the City Council has considered authorizing the Acting City Manager to execute the consulting services agreement with ESRI.
RESOLUTION NO. 2023/**
August 22, 2023
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:
1. Approves a sole source request for consulting services with Environmental Systems Research, Inc.; and
2. Authorizes the Acting City Manager to execute a consulting services agreement with Environmental Systems Research, Inc. for GIS licensing, software, and integrations for Public Works, for a total amount not to exceed $255,000, in a form approved by the City Attorney.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 2 2nd day of August 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Quotation # Q-489649
Date: July 18, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 3243 Contract #
City of Antioch
Public Works
1201 W 4th St
Antioch, CA 94509-1005
To expedite your order, please attach a copy of ATTENTION: Brandon Peters this quotation to your purchase order. PHONE: (925) 779-7000 x4129 Quote is valid from: 2/3/2023 To: 9/5/2023 EMAIL: [email protected] Material Qty Term Unit Price Total
168180 1 Year 1 $85,000.00 $85,000.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 2 $85,000.00 $85,000.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription 168180 1 Year 3 $85,000.00 $85,000.00
Populations of 100,001 to 125,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $255,000.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $255,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Corey Welsh
Email:
[email protected]
Phone:
(916) 448-2412 x1736
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at
https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
WELSHC This offer is limited to the terms and conditions incorporated and attached herein.
ATTACHMENT "B"
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-4)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
500 ArcGIS Online Viewers
500 ArcGIS Online Creators
62,500 ArcGIS Online Service Credits
500 ArcGIS Enterprise Creators
7 ArcGIS Insights in ArcGIS Enterprise
7 ArcGIS Insights in ArcGIS Online
100 ArcGIS Location Sharing for ArcGIS Enterprise
100 ArcGIS Location Sharing for ArcGIS Online
5 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 5 ArcGIS Utility Network User Type Extensions (Enterprise) 5 ArcGIS Trace Network User Type Extensions (Enterprise)
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
Antioch City Council Report
August 22, 2023 Agenda Item #M 2
Staff recommends exec uting the first amendment to the Agreement to ensure that the City’s landscaped right of ways, medians and trails continue to be maintained in a manner that is both safe and aesthetically pleasing to the residents of Antioch.
ATTACHMENTS
A. Resolution
ATTACHMENT “A”
RESOLUTION NO. 2023/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH
TERRACARE ASSOCIATES FOR
LANDSCAPE MAINTENANCE SERVICES
WHEREAS, the City entered into an agreement with Terracare Associates for the maintenance of all the City’s landscaped medians, right of ways, and trails on August 1, 2021, with a termination date of June 30, 2024, and an option to extend two additional years;
WHEREAS, the City recently accepted two (2) new development phases, one at Aviano and another at Park Ridge;
WHEREAS, this first amendment to the Agreement with Terracare Associates for landscape maintenance services provides for regular maintenance of these additional landscaped areas within the City’s medians and right-of-way; and
WHEREAS, the City Council has considered approving the first amendment to the agreement with Terracare Associates to ensure that the City’s landscaped right of ways, medians and trails continue to be maintained in a manner that is both safe and aesthetically pleasing to the residents of Antioch.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:
1. Approves the first amendment to the agreement with Terracare Associates for Landscape Maintenance Services in the amount of $131,898 for a total amount of $6,179,128 attached as Exhibit “1”; and
2. Authorizes the Acting City Manager or designee to execute the first amendment in a form approved by the City Attorney.
* * * * * * * RESOLUTION NO. 2023/**
August 22, 2023
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 22 nd day of
August 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT “1”
1 FIRST AMENDMENT TO
CITY OF ANTIOCH
MAINTENANCE SERVICES AGREEMENT
WITH TERRACARE ASSOCIATES FOR
LANDSCAPE MAINTENANCE SERVICES RFP NO. 988-0520-21A
THIS FIRST AMENDMENT TO THE AGREEMENT F OR LANDSCAPE
MAINTENANCE SERVICES RFP NO. 988-0520-21A is entered into as of this 22 nd day of August 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 Terracare Associates (Terracare), with its principal place of business at 921 Arnold Drive, Martinez , CA 94553 (“Contractor”).
R E C I T A L S
WHEREAS, on June 23, 2021, the City and Contractor entered into a Maintenance Services Agreement for landscape maintenance services (“Agreement”) in the amount not to exceed $6,047,230 for the original term of the agreement , ending on June 30, 2024, with the option to extend an additional two years (FY 2024/2025 and FY 2025/2026); and
WHEREAS, the Agreement provides for daily landscape maintenance services throughout the City’s landscape medians, rights-of-way, and trails, as detailed in Exhibit “A” of the Agreement and the attachments thereto; and
WHEREAS, the City would like to expand landscape maintenance services at several locations as described in the attachment “Exhibit A” of this First Amendment within the medians and right -of-way for an add itional amount not to exceed $258,444 for the initial term of the Agreement, which shall include the same scope of services and schedule of services as detailed in Exhibit “A” of the original Agreement and the attachments thereto;
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. Section 3.1.1 of the Agreement, “General S cope of Services” shall be amended, in its entirety, to read as follows:
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply professional Landscape Maintenance through ought the City’s landscaped medians, right-of-way, and trails and in addition through ought the new areas described in “Attachment A” of this First Amendment required necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” to the First Amendment attached hereto and incorporated herein by reference, and the attachments thereto. All Services 2 shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2. Section 3.3.1 of the Agreement, “Compensation” shall be amended, in its entirety, to read as follows:
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed $6,305,674 without written approval of City’s Deputy Public Works Director. The not to exceed compensation amount is further detailed as follows, and in the attachments to this Agreement:
a. Country Hills Dr and South side Laurel Road ROW Landscape Maintenance Services per exiting contract: total annual cost Twelve Thousand Five hundred four, $12,504.
b. Laurel Road North Side ROW Landscape Maintenance Services per existing contract: total annual cost Four Thousand Seven Hundred Forty. $4,740.
c. L St near Claudia Ct median Landscape Maintenance Service per existing contract: total annual cost: Three Thousand One Hundred Twenty, $3,120.
d. Slatten Ranch Rd near Hillcrest Ave median Landscape Maintenance Service per existing contract: total annual cost: Two Thousand Five Hundred Twenty, $2,520.
e. A St and Lone Tree Wy at HWY 4 median Landscape Maintenance Service per existing contract: total annual cost: Four Thousand Two Hundred, $4,200.
f. Auto Center Dr, Somersville Rd, and San Jose Dr median Landscape Maintenance Service per existing contract: total annual cost: Eleven Thousand Four Hundred, $11,400.
g. Prewett Ranch Rd and Heidorn Ranch Rd median Landscape Maintenance Service per existing contract: total annual cost: Four Thousand Eighty, $4,080.
h. Country Hills Dr and Laurel Rd medians Landscape Maintenance Service per existing contract: total annual cost: Seven Thousand Seven Hundred Fifty-Two, $7,752.
i. Sand Creek Rd medians and hardscape Landscape Maintenance Service per existing contract: total annual cost: Eight Thousand Nine Hundred Seventy-Six, $8,976.
3 j. Sand Creek Rd right-of-way and perimeters of basins Landscape Maintenance Services: total annual cost: Twenty-Six Thousand Eight Hundred Fifty-Six, $26,856.
Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3. Exhibit “A” of the original Agreement, “Scope of Services and Schedule of Services”, shall be amended to include the additional landscape maintenance services through ought the areas as described in the quotes as set forth in “ Exhibit A” attached to this First Amendment and incorporated herein by reference.
4. The recitals set forth above are true and correct and are incorporated into this First Amendment as if fully set forth herein.
5. This First Amendment shall be governed by the laws of the State of California. Venue shall be in Contra Costa County.
6. This First Amendment may be signed in counterparts, each of which shall constitute an original.
7. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
[Signatures on following page]
4 SIGNATURE PAGE
TO
FIRST AMENDMENT TO
CITY OF ANTIOCH
MAINTENANCE SERVICES AGREEMENT
WITH TARRACARE ASSOCIATES FOR
LANDSCAPE MAINTENANCE SERVICES BID NO. 988-0520-21A
CITY OF ANTIOCH TERRACRE ASSOCIATES
By: By:
Kwame P. Reed Brian Helgoe, CEO
Acting City Manager
ATTEST:
Elizabeth Householder,
City Clerk of the City of Antioch
APPROVED AS TO FORM:
__________________________________
Thomas Lloyd Smith
City Attorney
5 EXHIBIT “A” TO FIRST AMENDMENT
Additions to Exhibit “A” Scope of Services and Schedule of Services of the Agreement
The Scope of Work and Schedule of Services shall include the following:
6 7
8 9
10 11
12 13
14 DATE:
TO:
SUBMITTED BY:
APPROVED BY:
SUBJECT:
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of August 22, 2023
Honorable Mayor and Members of the City Council
Bryan Pitts, Operations Supervisor
Scott Buenting, Acting Public Works Director/City Engineer tJ,f' Awarding an Agreement with Sharjo LLC dba ServiceMaster Restoration Management for On-Call Homeless Encampment
Cleanup Services
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Awarding a Maintenance Services Agreement for On-Call Homeless Encampment Cleanup Services throughout the City to Sharjo LLC dba ServiceMaster Restoration Management for a three (3) year term from July 25, 2023, to June 30, 2026, in the amount of $1,365,000 with an option to extend two (2) additional years from July 1, 2026, to June 30, 2028, in an amount of $951,360 for a total contract amount not to exceed $2,316,360 over the five (5) year period;
2. Authorizing the Acting City Manager or designee to execute the Agreement in a form approved by the City Attorney; and
3. Authorizing the Acting City Manager or designee to implement the tentative agreement between the City and APWEA by making the necessary budget amendments to the Street Maintenance Operating Budget for fiscal year 2023/24 and fiscal year 2024/25 to cover the costs of the first two (2) years of the Agreement.
FISCAL IMPACT
Funding for this Agreement will require a budget increase to the approved fiscal year 2023/24 and fiscal year 2024/25 Street Maintenance Operating Budget. Funding for the remaining three (3) years of the agreement will be requested as part of the City's biennial budget process. The estimated cost for the initial three (3) year contract is $455,000 each year, with a 3% increase for each successive year of the optional two (two) year extension for a total five (5) year contract amount of $2,316,360. 0 Agenda Item #
Antioch City Council Report
August 22, 2023, Agenda Item #O 2
DISCUSSION
The City of Antioch entered into a tentative labor agreement dated October 12, 2022, with the Antioch Public Works Employees Association (APWEA) at the Special Meeting held on November 15, 2022. Council approved the following term as part of its labor negotiations with APWEA:
“7. Homeless Encampment Cleanup: The City shall engage the services of a third- party contractor to cleanup homeless encampments as soon as administratively possible. If the City is unable to engage the services of a third- party contractor within six months of this Agreement, the City shall agree to meet and confer with APWEA over the progress and status of the vendor engageme nt process.” (See Attachment B pg. 2) APWEA is concerned for the safety of their members who currently perform homeless camp cleanups. Workers often encounter both biological and hazardous waste materials at cleanup sites. Contracting out homeless encampme nt cleanups would significantly reduce crew members ’ exposure.
In accordance with this provision, t he Public Works Department published an On-Call Homeless Encampment Cleanup Services Request for Proposal (RFP) on April 26, 2023.
The proposal was distributed via the local newspaper, builders exchange email list, and on the City’s website . This RFP closed on May 31, 2023. Public Works received six (6) qualified and competitive proposal submittals. Staff scored all proposals and determined that Sharjo LLC dba ServiceMaster Restoration Management of Benicia CA provides the best value to the City of Antioch for On-Call Homeless Encampment Cleanup Services.
As part of the direction given to staff at the July 25, 2023, regular city council meeting, Staff recommended that the Acting City Manager or designee be authorized to amend the approved fiscal year 2023/24 and fiscal year 2024/25 budgets to implement the tentative labor agreement between the City and APWEA and execute an agreement with ServiceMaster Restoration Management as substantially described in Exhibit 1.
ATTACHMENTS
A. Resolution
B: Tentative Labor Agreement
ATTACHMENT “A”
RESOLUTION NO. 2023/xxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AWARDING AN ON-CALL HOMELESS ENCAMPMENT CLEANUP SERVICES
AGREEMENT TO SHARJO LLC DBA SERVICEMASTER RESTORATION
MANAGEMENT, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE IT,
AND AUTHORIZING THE NECESSARY BUDGET ADJUSTMENTS
WHEREAS, the City of Antioch entered into a tentative labor agreement dated October 12, 2022, with the Antioch Public Works Employees Association (APWEA) at the Special Meeting held on November 15, 2022;
WHEREAS, Council approved the following term as part of its labor negotiations with APWEA: “7. Homeless Encampment Cleanup: The City shall engage the services of a third-party contractor to cleanup homeless enca mpments as soon as administratively possible. If the City is unable to engage the services of a third- party contractor within six months of this Agreement, the City shall agree to meet and confer with APWEA over the progress and status of the vendor engagement process;”
WHEREAS, the Public Works Department published the On -Call Homeless Encampment Cleanup Services Request for Proposal (RFP) on April 26 , 202 3. The proposal was distributed via the local newspaper, builders exchange email list, and on the City’s website . This RFP closed on May 31, 202 3. Public Works received six (6) qualified and competitive proposal submittals. Staff members scored all proposals and determined that Sharjo LLC dba ServiceMaster Restoration Management of Benicia CA provides the best value to the City of Antioch for On-Call Homeless Encampment Cleanup Services; and
WHEREAS, direction was given to staff at the July 25, 2023, r egular city council meeting, to bring a resolution to the City Council to award an agreement with ServiceMaster Restoration Management as substantially described in Exhibit 1. Draft Maintenance Services Agreement (MSA) for On-Call Homeless Encampm ent Cleanup Services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch, hereby:
1. Awards a Maintenance Services Agreement (“Agreement”) for On- Call Homeless Encampment Cleanup Services within the City of Antioch to Sharjo LLC dba ServiceMaster Restoration Management for a three (3) year term from July 25, 2023, to June 30, 2026, in the amount of $1,365,000 with an option to extend two (2) additional years from July 1, 2026, to June 30, 2028, in an amount of $951,360 for a total contract amount not to exceed $2,316,360 over the five (5) year period;
2. Authorizes the Acting City Manager or designee to execute the Agreement in a form approved by the City Attorney; and
3. Authorizes the Acting City Manager or designee to make the necessary budget RESOLUTION NO. 2023/xxx
August 22, 2023
amendments to the Street Maintenance operating budget for FY 2023/24 and FY 2024/25 to cover the costs of the first two (2) years of the Agreement with Sharjo LLC dba ServiceMaster Restoration Management for On Call Homeless Encampment Cleanup Services.
* * * * * * *
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 22th day of August 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Sharjo, LLC dba ServiceMaster Restoration Services Page 1 of 27
CITY OF ANTIOCH
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement (“Agreement”) is made and entered into this 22nd day of August 2023 (“Effective Date”) by and between the City of Antioch, a municipal corporation organized under the laws of the State of California with its principal place of business at 200 H Street, Antioch California 94509 (“City”) and Sharjo, LLC dba ServiceMaster Restoration Services, a LLC with its principal place of business at 5451 Industrial Way, Benicia, CA 94510 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and ass ume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing on-call homeless encampment clean up services services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the On-Call Homeless Encampment Clean Up Services project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional on-call homeless encampment clean up services maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the ex hibits attached hereto and incorporated herein by refer ence, and all applicable local, state and federal laws, rules and regulations.
Sharjo, LLC dba ServiceMaster Restoration Services Page 2 of 27
3.1.2 Term
The term of this Agreement shall be from August 22, 2023 to June 30, 2026 with an option to extend two (2) additional years from July 1, 2026, to June 30, 2028, unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreement.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the r equirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s e xclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social secur ity taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services . Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In o rder to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Carlos Zepeda, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement.
Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Jean Nadolne, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
Sharjo, LLC dba ServiceMaster Restoration Services Page 3 of 27
3.2.6 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Ser vices. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qua lifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indem nification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub -contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contr actor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every calendar day of delay beyond the Performance Time or bey ond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving writte n notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated Sharjo, LLC dba ServiceMaster Restoration Services Page 4 of 27 and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law . Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employmen t of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation co nfirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally accep table method.
Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub -subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrict ions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresent ation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Co mpensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing t he performance of the Services.
Sharjo, LLC dba ServiceMaster Restoration Services Page 5 of 27
3.2.10.5 Equal Opportunity Employment . Contractor represents that it is a n equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, h andicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requir ements’ application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicabl e provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the state.
(B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contra ctor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance. Contractor shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit “D” (Insurance Sharjo, LLC dba ServiceMaster Restoration Services Page 6 of 27 Requirements), attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injur y or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety o f employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipmen t and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or othe rwise specifically requested by City in Exhibit “D ” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise sp ecifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amou nt of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered Sharjo, LLC dba ServiceMaster Restoration Services Page 7 of 27 qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable.
Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.
Contractor shall allow inspect ion of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, in cluding authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by referen ce. The total three (3) year compensation shall not exceed One Million Three Hundred S ixty-Five Thousand Dollars ($1,365,000.00) with an option to extend two (2) additional years in an amount not to exceed Nine Hundred Fifty-One Thousand Three Hundred and Sixty Dollars ($951,360.00) for a total five (5) year contract amount not to exceed Two Million Three Hundred and Sixteen Thousand Three Hundred and Sixty Dollars ($2,316,360.00) without written approval of City’s Finance Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services a nd supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Pre vailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are Sharjo, LLC dba ServiceMaster Restoration Services Page 8 of 27 not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employme nt of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations.
Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance mo nitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relation s against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused d elay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industr ial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving writte n notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished documents and data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.4.4 Agreement Subject to Appropriation of Funds . The Contractor understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Antioch City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of any fiscal Sharjo, LLC dba ServiceMaster Restoration Services Page 9 of 27 year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. The City has no obligation to make appropriations for the Agreement in lieu of a ppropriations for new or other a greements. City budget decisions are subject to the discretion of the Mayor and City Council. Contractor’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Sharjo, LLC dba ServiceMaster Restoration Services
5451 Industrial Way
Benicia, CA 94510
City:
Carlos Zepeda
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City:
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) h ours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related co sts and expenses. Notwithstanding Sharjo, LLC dba ServiceMaster Restoration Services Page 10 of 27 the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorneys’ fees and costs, including expert witness fees. Contractor shall reimburse City and its offici als, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County, California. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work , disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so sha ll be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be dee med calendar days and not work days. All references to Sharjo, LLC dba ServiceMaster Restoration Services Page 11 of 27 Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employe es, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification . No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any oth er default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section
3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not emplo yed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorneys’ Fees and Costs . If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney’ s fees and costs in an amount determined to be reasonable by a court of competent jurisdiction.
3.5.16 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreemen t. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
Sharjo, LLC dba ServiceMaster Restoration Services Page 12 of 27
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.19 Wage Theft Prevention.
3.5.19.1 Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.
3.5.19.2 BY SIGNING THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT
HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO EXECUTING
THIS AGREEME NT THAT CONTRACTOR OR ITS SUBCONTRACTORS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS
SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT, DECISION OR ORDER, OR,
IF ANY JUDGMENT, DECISION OR ORDER HAS NO T BEEN FULLY SATISFIED, CONTRACTOR
AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT,
DECISION OR ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE
APPLICABLE COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS
SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
3.5.19.3 If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor o r a subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidenc e every thirty (30) calendar days during the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
3.5.19.4 For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City , or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.
Sharjo, LLC dba ServiceMaster Restoration Services Page 13 of 27
3.5.19.5 Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis f or immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
3.5.19.6 Notice provided to the City shall be addressed to: Attention: City Manager, P. O. Box 5007, Antioch, CA 94531-5007. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON NEXT PAGE]
Sharjo, LLC dba ServiceMaster Restoration Services Page 14 of 27
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF ANTIOCH
AND SHARJO, LLC DBA SERVICEMASTERS RESTORATION SERVICES IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 22nd day of August, 2023.
CITY OF ANTIOCH
Approved By:
Kwame P. Reed
Acting City Manager
ATTEST:
Elizabeth Householder
City Clerk
Approved As To Form:
Thomas Lloyd Smith
City Attorney
Sharjo, LLC dba ServiceMasters Restoration
Services
Signature
Name
Title
15 EXHIBIT “A”
SCOPE OF SERVICES
16 17
18 19
EXHIBIT “B”
SCHEDULE OF SERVICES
SEE EXHIBIT “A”
EXHIBIT "C"
COMPENSATION
OFFICIAL PROPOSAL SUBMITTAL PAGE 3 OF 4 INITIAL HERE _________ B. EQUIPMENT (not included as part of total proposal calculation):
Please enter the type of specialty equipment typically required to perform the work described in the Scope of Work. The following section will not be considered in the evaluation of award. However, Contractors will be required to honor the prices stated below during the term of any contract award as a result of this RFP.
Hourly Rates
Proposal
Item #
Description of
Equipment FY 23/24 FY 24/25 FY 25/26 Optional:
FY 26/27
Optional:
FY 27/28 Comments
1. $ $ $ $ $
2. $ $ $ $ $
3. $ $ $ $ $
4. $ $ $ $ $
5. $ $ $ $ $
6. $ $ $ $ $
7. $ $ $ $ $
8. $ $ $ $ $
9. $ $ $ $ $
10. $ $ $ $ $
11. $ $ $ $ $
THIS FORM MUST BE USED WHEN SUBMITTING PROPOSAL
Skid Steer
1,351 - 1,699 LBS 40.00
Mini Excavator
1.5 - 2 Ton
56.25 Telehandler
5500 LBS
48.75 Miscellaneous
Materials
107.00 Dump Cart, Bags (50/Box),
Duct Tape
Tyrek Coveralls
Each
14.00 Gloves, Leather
Per Pair
13.00 Dust Mask
Each
4.00 Chain Saw 5.00
40.00 40.00 41.25 42.50
56.25 56.25 58.00 60.00
48.75 48.75 50.25 51.75
107.00 107.00 110.25 113.50
14.00 14.00 14.50 15.00
13.00 13.00 13.50 14.00
4.00 4.00 4.00 4.25
5.00 5.00 5.15 5.31
8 Hour Minimum
8 Hour Minimum
8 Hour Minimum
Unable to convert to hourly
Each
Per Pair
Each
8 Hour Minimum
Revised 7/7/23
JN
DocuSign Envelope ID: F1C3BA6A-D4C4-443C-BB76-664503BB273F 7/7/2023 | 10:39 AM PDT
22 EXHIBIT “D”
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s Agreement.
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences.
City has the right to require Contractor’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
Χ Coverage at least as b road as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit appli es, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
23 Automobile Liability:
Χ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.
___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single limit for bodily injury and property damage.
___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custod y and control of the Contractor, regardless of where the vehicles are kept or driven.
Professional Liability (Errors and Omissions):
___ Insurance appropriate to the Contractor ’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.
___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.
___ Insurance appropriates to the Contractor’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate
Workers’ Compensation Insurance:
Χ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees. Waiver needed.)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Builder’s Risk (Course of Construction):
___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, process es, machinery and equipment.
The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.
24 Contractor’s Pollution Legal Liability:
___ Contractor’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.
If the Cont ractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by t he Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Cyber Liability Insurance
___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to in fringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Surety Bonds:
Contractor shall provide the following Surety Bonds:
____ Bid Bond
_Χ Performance Bond
_Χ Payment Bond
The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
Χ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its officers, officials, employees, and agent s as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on
25 the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contai n or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage.
Such coverage shall name the City as a loss payee as their interest may appear.
___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.
___ Waiver of Subrogation:
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contra ctor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor, its employees, agents and subcontractors.
___ Completed Operations
For Construction Agreements, Contractor shall maintain insurance as requir ed by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay
26 losses and related investigations, claim a dministration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.
City reserves the right to obtain a full -certified copy of any insurance policy and e ndorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A -:VII, unless otherwise acceptable to City.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the cont ract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
27 Subcontractors:
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this A greement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any sub -subcontractor to the extent they apply to the scope of the sub - subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.
Verification of Coverage:
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 22, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Introduce Ordinance Prohibiting Retaliation and Harassment of Residential Tenants
RECOMMENDED ACTION
It is recommended that the City Counci l introduce by title only and waive further reading of the Ordinance adding Chapters 4 and 5 of Title 11 of the Antioch Municipal Code prohibiting retaliation and harassment of residential tenants.
FISCAL IMPACT
Adoption of the ordinance will have direct and indirect fiscal impacts if the City engage s in enforcement of the ordinance, either through the code enforcement process or through litigation. The proposed Ordinance may be enforced by an aggrieved tenant, an organization or other entity that represents the interests of aggrieved tenants, or the City.
At a minimum, an assista nt city attorney or deputy city attorney position plus administrative support would be necessary for the City Attorney’s Office to provide support services to the public for this ordinance.
DISCUSSION
The City Council provided direction to staff at its May 9, 2023 and June 13, 2023 to prepare additional tenant protection policies for City Council consideration, including policies prohibiting retaliation and harassment of residential tenants. S taff presented a Draft Ordinance to the City Council at its June 27, 2023 for discussion and further direction.
After receiving public comment, the City Council identified potential issues concerning the section of the Draft Ordinance that enumerates landlord acts and omissions that would constitute harassment if done in bad faith. The Council directed staff to research potential solutions. The proposed Ordinance, attached as Attachment A, reflects staff’s recommended updates, which are summarized in the table below.
5 Antioch City Council Report
August 22, 2023 Agenda Item#5 2
City Council
Direction
Ordinance Addition
or Revision
1. Address threats of rent
increase in response to
tenant request for repair
New subdivision (A)(4) of § 11-5.03 borrows language
from the proposed retaliation chapter so that the
prohibited acts—including increasing or threatening to
increase rent in retaliation against a tenant who
requests a repair or exercises a right under Title 11 of the Municipal Code—maybe enforced as retaliation or
harassment.
2. Require notice to be in
tenant spoken language
Revised subdivision (B) of § 11-5.04 requires the form
of notice prescribed by the City to include a Spanish
language translation. This revised subdivision also
clarifies that the
City may include additional
translations and additional information that will help
effectuate the Tenant Anti-Harassment Ordinance.
The Rent Stabilization Ordinance requires notices for
its purposes to be provided in the language used in the written lease or that was used during the creation of
an oral lease. The revision in the proposed Ordinance
takes a different approach by requiri
ng the City to
provide a dual-language notice so that tenants whose
primary language is Spanish will receive notice in that language regardless of the language used in the
lease.
3. Address improper
towing of tenant
vehicles
New subdivision (A)(8) of § 11 -5.03 includes the
following act as harassment when done in bad faith:
“Remove or cause removal of a tenant’s vehicle from
the rental property or abutting street in violation of
applicable law.”
4. Address verbal abuse
and psychological harm
New subdivision (A)(13) of § 11-5.03 includes “verbal
or nonverbal abuse” and “ verbal or nonverbal actions
directed at a tenant or their guest that are likely , or intended, to cause physical, mental, or emotional
harm” as harassment when done in bad faith.
Prohibited acts include harmful “verbal or nonverbal
actions directed toward a tenant or their guest as a
member of a protected class that are likely , or
intended, to cause physical, mental, or emotional
harm.”
5. Protect tenants’ right to
organize
New subdivision (A)(23) of § 11 -5.03 includes the
following act as harassment when done in bad faith:
“Prohibit, interfere with, retaliate against, or threaten retaliation against tenant organizing activities or
Antioch City Council Report
August 22, 2023 Agenda Item#5 3
City Council
Direction
Ordinance Addition
or Revision
engaging in other political activities.” This provision also defines “tenant organizing activities .” This
provision clarifies that the subdivision does not prohibit reasonable time, place, and manner requirements ,
which a landlord could impose to address potential
impacts on other tenants and the rental property. Such requirements may not “ effectively prohibit or
substantially interfere with organizing activities. ” This language is based on San Francisco’s regulations on
Residential Tenant Communications.
6. Increase penalties to be
commensurate with
harm and serve as more
effective deterrent
Pursuant to revi sed subdivision (D) of §11-5.05, a
court may award “compensatory damages, rent
refunds for reduction in housing services, reasonable
attorney's fees and costs, imposition of civil penalties up to $10
,000 per violation depending upon the
severity of the violation, tenant relocation, and other appropriate relief, as adjudged by the court.”
Additional Staff
Recommendation
Ordinance Addition
or Revision
7. Clarify standard for
landlord intent to
constitute harassment
Revised subdivision (A) of § 11-5.03 includes acts or
omissions done in “bad faith.” The bad faith standard
is generally recommended for tenant anti-harassment
protections because it is flexible and allows a court to consider the specific facts of the landlord’s behavior
in the context of the action taken and harm suffered.
8. Address sexual
exploitation
New subdivision (A)(5) of § 11 -5.03 includes
solicitation of a tenant for sexual conduct in exchange for protection from eviction, repairs or maintenance,
or fulfillment of a legal obligation.
9. Address excessive rent
increases intended to
force a tenant to vacate
in circumvention of
eviction protection laws
New subdivision (A)(22) of § 11 -5.03 includes
excessive rent increases for units that are not
regulated by the Rent Stabilization Ordinance and
that are intended to push a tenant out of a rental unit that is subject to eviction protections. This provision would apply to units protected by the AB 1482 eviction
regulations, as well as units protected by City eviction regulations if adopted.
10. Include safeguard for
potential First
New subdivision (B) of § 11 -5.03 specifies that the
prohibited acts of harassment do not include “conduct
Antioch City Council Report
August 22, 2023 Agenda Item#5 4
Additional Staff
Recommendation
Ordinance Addition
or Revision
Amendment issues intended to communicate ideas or beliefs to the public at large and that has only an incidental effect upon a
person or persons.” This provision enables the City
to regulate harmful conduct that is directed at a tenant while avoiding interference with protected speech.
11. Add criminal penalty to
allow administrative
enforcement
New subdivision (A) of § 11-5.05 makes violations of
the Anti -Tenant Harassment Ordinance publishable
as an infraction or misdemeanor. This provision
allows the City to enforce the ordinance through code
enforcement because th
e Government Code
authorizes the City to enforce violations of the
Municipal C ode that are infractions through
administrative citations and fines.
BACKGROUND
Anti-Retaliation
A policy prohibiting retaliation by residential landlords, or “anti -retaliation” policy, b ars landlords from retaliating against tenant because the tenant exercised or asserted certain legal rights related to the rental unit, tenancy, and status as a tenant. Staff recommended adding an anti-retaliation policy that covers all existing and future tenant protections due to concerns expressed by tenants engaging with the Rent Program regarding fears of retaliation by landlords if the tenants assert rights under the Rent Stabilization Ordinance.
The proposed Ordinance would add Chapter 4 and Section 11- 4.01 to Title 11, Tenant Protections, of the Antioch Municipal Code. Section 11-4.01 would prohibit landlords from engaging in enumerated acts as retaliation against a tenant for asserting or exercising any right under Title 11. Section 11-4.01 would also establish that any act of prohibited retaliation is a defense to an action to recover possession, as well as a basis for damages and injunctive relief against the landlord.
Anti-Harassment
Under State law, tenant harassment occurs when a landlord engages in specific acts with the intent to cause a tenant to vacate a rental property. The harm State law seeks to prevent is “constructive eviction,” and it does not address harassing acts by landlords that are not accompanied by the specific intent to cause the tenant to vacate or where it is difficult to prove this specific intent.
A City policy prohibiting harassment by residential landlords, or “anti-harassment” policy, can focus more broadly on harmful actions by landlords that have no lawful purpose. The proposed Ordinance identifies specific acts and omissions by landlords that constitute prohibited harassment when done in “bad faith.” This bad faith standard encompasses situations where a landlord harasses a tenant in order to cause the tenant to leave, as Antioch City Council Report
August 22, 2023 Agenda Item#5 5
well as situations where a landlord wants to avoid the expense or inconvenience of providing a tenant what they are lawfully owed or acts in a discriminatory manner.
The proposed Ordinance requires landlords to provide notice of the prohibited harassment to existing and future tenants within 30 days of the effective date of the chapter or at the beginning of the tenancy. Notice is also required in an interior common area, if any, and with any notice of termination of a tenancy. The proposed Ordinance may be enforced by an aggrieved tenant, the City, or an organization or other entity that represents the interests of aggrieved tenants. The proposed Ordinance also provides for a minimum damages amount and enhanced damages where a tenant is disabled or age 65 or over.
ATTACHMENTS
A. Ordinance Prohibiting Retaliation and Harassment by Residential Landlords
ATTACHMENT A
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADDING CHAPTERS 4 AND 5 OF TITLE 11
OF THE ANTIOCH MUNICIPAL CODE
PROHIBITING RETALIATION AGAINST AND HARASSMENT OF
RESIDENTIAL TENANTS
WHEREAS, a shortage of rental housing and market demand for affordable housing have resulted in an imbalance between supply and demand in the rental housing market in Antioch and an imbalance of bargaining power between residential landlords and tenants;
WHEREAS, Antioch residential tenants may be unwilling or unable to assert their legal rights due to factors such as an imbalance in bargaining power and concerns of retaliation;
WHEREAS, the City Council of the City of Antioch finds that these imbalances in the rental housing market and in the bargaining power of landlords and tenants reduces stability, security, and habitability, which are detrimental to the health, safety, and general welfare of Antioch residents;
WHEREAS, the City Council finds that renters occupy nearly forty percent (40%) of residential units in the City , Antioch renters have provided public comment at several City Council meetings regarding their experiences of harassment, and additional tenant protections will benefit the public health, safety, and welfare of the City; WHEREAS, the City Council finds that the displacement of residential tenants increases the risk that Antioch residents will lack stable and appropriate housing and , therefore, seek to institute measures to reduce the impacts of displacement on tenants, particularly tenants of limited financial means;
WHEREAS, the City Council finds that reasonable regulation of aspects of the residential landlord-tenant relationship is necessary to foster constructive communication, maintain an adequate supply of rental housing units , and protect the health, safety and general welfare of the public and that there is a lack of adequate protections and remedies in the absence of City regulations;
WHEREAS, the purpose of this policy is to preserve the public peace, health, and safety of the City by deterring harassing behavior by landlords against residential tenants, encouraging residential landlords to follow the law and uphold their responsibility to provide habitable rental properties, and establishing more effect remedies for tenants who experience harassing behavior;
WHEREAS, the purpose of this policy is also to help maintain peaceful relations in the community and minimize breaches of the peace caused by self-help evictions; to protect vulnerable populations of the Antioch community, including those referenced in the recitals of the City of Antioch Rent Stabilization Ordina nce adopted on October 11, 2 2022; to preserve Antioch’s affordable rental housing stock; to reduce the expenditure of City and community resources needed in response to involuntary displacement; and to prevent adverse health impacts suffered by individuals —especially children, older person, persons living on fixed incomes, and other vulnerable re nters in the City —and families as a result of displacement; and
WHEREAS, the City Council incorporates into this ordinance as necessary findings the recitals of this ordinance, any amendments or supplements, and any oral testimony provided on June 14, 2022, June 28, 2022, July 27, 2022, August 23, 2022, September 13, 2022, September 27, 2022 , O ctober 11, 2022, December 12, 2022 , February 13, 2023, April 24, 2023, May 8, 2023, June 27, 2023, and July 25, 2023 and finds, determines, and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of the ordinance.
NOW, THEREFORE, the City Council of the City of Antioch does ordain as follows:
Section 1. The recitals above are incorporated herein.
Section 2. Chapter 4 of Title 11 of the Antioch Municipal Code, entitled “Retaliation Prohibited” is hereby added as provided below (section numbers and titles are indicated in capital letters):
§ 11-4.01 RETALIATION PROHIBITED.
(A) No landlord may threaten to bring, or bring, an action to recover possession, cause the tenant to quit the unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any housing services or increase the rent where the landlord’s intent is retaliation against the tenant for the tenant’s assertion or exercise of any right under this title. (B) Any action of retaliation described in subdivision (A) shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and injunctive relief.
(C) A tenant may assert retaliation affirmatively or as a defense to the landlord’s action regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this chapter and the alleged act of retaliation.
Section 3. The following definition is hereby added to Section 11-1.02, entitled “Definitions,” of the Antioch Municipal Code:
HOUSING SERVICES. All amenities and services related to the use or occupancy of a rental unit and common areas that are provided by the landlord , including a proportionate part of services provided to common fa cilities of the building and property in which the rental unit is contained. HOUSING SERVICES includes 3 without limitation hot and cold water, heat, utilities, painting, elevator service, refuse removal, janitorial service, maintenance, repairs, replacement, recreational areas (including pools or gyms), laundry facilities, furnishings, storage space, parking (including one or more automobiles), employee services, security services, insurance, the payment of property taxes, and any other benefits or privileg es permitted to the tenant by agreement, whether express or implied . HOUSING SERVICES also includes those basic housing services required by Cal. Civil Code § 1941.1.
Section 4. Chapter 5 of Title 11 of the Antioch Municipal Code, entitled “Anti- Harassment” is hereby added as provided below (section numbers are indicated in bold, and titles are indicated in bold capital letters):
§ 11-5.01 TITLE, PURPOSE. AND APPLICABILITY.
(A) This chapter shall be known as the “Tenant Anti-Harassment Ordinance”.
(B) The Tenant Anti -Harassment Ordinance augments existing protections provided to residential tenants under federal, State, and local laws to prohibit and deter tenant harassment by landlords in all residential rental units, including single-family residences and condominiums. (C) The Tenant Anti-Harassment Ordinance applies to all landlords and tenants of residential rental units within the City, unless exempted herein, including landlords and tenants who may not be covered by other Title 11 tenant protection policies.
§ 11-5.02 EXEMPTIONS.
The following rental units are exempt from the restrictions and requirements of this chapter:
(A) Rental units in any hospital, skilled nursing facility, Senior Residential Home Care facilities, or health facility.
(B) Rental units in a nonprofit facility that has the primary purpose of providing short-term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception and is licensed for such purpose where such license is required.
(C) Rental units in a nonprofit facility that provides a structured living environment with the primary purpose of helping homeless persons obtain skills necessary for independent living in permanent housing and where the occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months, and w here the client has been informed in 4 writing of the temporary or transitional nature of the housing at its inception and is licensed for such purpose where such license is required. (D) Rental units exempted from Part 4, Title 4, Chapter 2 of the California Civil Code by section 1940(b)(transient occupancy in hotels/motels), or successor statute, unless either the landlord offers for rent or rents the rental unit for a period of thirty (30) days or more, or the landlord violates California Civil Code section 1940.1, or successor statute, to avoid tenancy status.
§ 11-5.03 HARASSMENT BY LANDLORD PROHIBITED.
(A) No landlord, and no agent or employee of the landlord, shall engage in any act or omission described below in bad faith. Each act or omission in violation of this section constitutes harassment. (1) Interrupt, terminate, or fail to provide, or threaten to interrupt, terminate, or fail to provide, housing services required by a rental housing agreement or by State or local housing, health, or safety laws. This includes, without limitation, the following:
(a) Curtailing any utility services by any means whatsoever including, but not limited to, the cutting or removal of wires, removal of fuses, switching of breakers, and non- payment of bills for utilities that are part of the housing services .
Utility services includes, but is not limited to, water, heat, electricity, gas, telephone, cable, internet, garbage and recycling collection, and sewage.
(b) Impeding reasonable access to the rental unit.
(c) Removing, without replacement within a reasonable time period, when building permits are obtained, if required, doors or windows of the rental unit.
(2) Fail to perform , or threaten to fail to perform , repairs or maintenance required by a rental housing agreement or by State or local housing, health, or safety laws.
(3) Fail to exercise due diligence in completing repairs or maintenance once undertaken or fail to follow appropriate industry repair containmen t or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.
(4) Take, or threaten to take, any action to recover possession or cause the tenant to qui t the unit involuntarily, decrease a housing service, or increase rent with the intent to retaliate against a tenant 5 for the tenant’s assertion or exercise of any right under this title , including a right to request reasonable repairs or maintenance, or to deter the assertion or exercise of such rights.
(5) Solicit a tenant for sexual conduct in exchange for protection from eviction, repairs or maintenance of the rental unit or rental property, or the fulfilment of an obligation of the landlord under the rental housing agreement or law.
(6) Abuse the right of access into a rental unit as established and limited by California Civil Code Section 1954 or successor statute, including entering or photographing portions of the rental unit that are beyond the scope of a lawful entry or inspection.
(7) Remove from the rental unit personal property, furnishings, or other items that belong to the tenant or that are part of the housing services without the prior written consent of the tenant, except when done pursuant to the procedures set forth in Civil Code Section 1980 et seq, or successor statute.
(8) Remove or cause removal of a tenant’s vehicle from the rental property or abutting street in violation of applicable law. (9) Influence or attempt to influence a tenant to vacate a rental unit through fraud, intimidation, or coercion. This includes threatening to report a tenant or other person known to the landlord to be associated with the tenant to any local, State, or federal agency based on their perceived or actual immigration status. The prohibition shall not be construed as preventing communication with such agencies regarding an alleged immigration violation as permitted by law. This provision shall also not be construed to conflict with Civil Code Section 1940.2 , subd. (a)(5) or successor statute.
(10) Offer payments to a tenant to vacate more than once in six (6) months, after the tenant has notified the landlord in writing the tenant does not desire to receive further offers of payments to vacate.
(11) Attempt to coerce a tenant to vacate with offer(s) of payments to vacate that are accompanied with threats or intimidation.
(12) Threaten a tenant or their guest by word or gesture, with physical harm.
(13) Engage in verbal or nonverbal abuse of a tenant or their guest or use verbal or nonverbal actions directed at a tenant or their guest 6 that are likely, or intended, to cause physical, mental, or emotional harm, including verbal or nonverbal actions directed toward a tenant or their guest as a member of a protected class that are likely, or intended, to cause, physical, mental, or emotional harm. (14) Engage in any act or omission that interferes with a tenant’s right to quiet use and enjoyment of a rental unit, as that right is defined by California law.
(15) Violate a law that prohibits discrimination based on actual or perceived race, color, sex (including pregnancy, childbirth, and related medical conditions), gender, sexual preference, sexual orientation, ethnic background, nationality, ancestry, place of birth, immigration or citizenship status, primary language, religion, age, source of income, military or veteran status, familial status (including parenthood, occupancy of a minor child, and composition of famil y unit), marital status , disability (including mental and physical disability), genetic information, or medical condition. Parentheticals in the foregoing list are without limitation.
(16) Refuse to accept or acknowledge receipt of a tenant’s lawful rent payment, except when a landlord is engaged in a tenant eviction process.
(17) Refuse to cash a rent check or money order for more than 30 days, except when a landlord is engaged in a tenant eviction process.
(18) Engage in any act that i nterferes with a tenant’s right to privacy or request information that violates a tenant’s right to privacy, including, without limitation, residency or citizenship status or social security number, except as authorized by law.
(19) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts. (20) Force a tenant to vacate their rental unit and reregister to avoid classification as a tenant under Civil Code Section 1940.1.
Forced vacation can be implied from the totality of the circumstances. (21) Unilaterally impose or require an existing tenant to agree to material new terms of tenancy or to a new rental housing agreement, unless:
(a) Subject to subdivision (3), below, the change in the terms of tenancy is explicitly authorized by this title, California Civil Code sections 1946.2(f), 1947.5, or 1947.12, or any 7 successor statute thereof, or is required by federal, State, or local law or regulatory agreement with a government
agency; or
(b) Subject to subdivision (3), below, the change in the terms of the tenancy was accepted in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept such new terms as part of the rental
agreement.
(c) Notwithstanding the foregoing , where a rental unit is regulated by the Rent Stabilization Ordinance, § 11-3.01 et seq., any change in terms of tenancy must comply with the Rent Stabilization Ordinance and associated
regulations.
(22) Take any action to recover possession of a rental unit that is exempt from rent increase limitations under this title or any other provision of law by means of a rent increase that is imposed in bad faith with intent to coerce the tenant into vacating the rental unit in circumvention of State and local eviction protection laws. Evidence of bad faith may include, without limitation, the following: (i) the rent increase was substantially in excess of market rates for comparable units; (ii) the rent increase was within six months after an attempt to recover possession of the unit; and (iii) such other factors as a court may deem relevant.
(23) Prohibit, interfere with, retaliate against, or threaten retaliation against tenant organizing activities or engaging in ot her political activities. “Tenant organizing activities” include the following:
(a) Initiating contact with tenants to ascertain interest in , or seek support for forming , a tenant association or union, which may include conducting door-to-door surveys;
(b) Joining, supporting, or operating a tenant association or union; and
(c) Requesting or providing information, offering assistance, distributing literature, convening meetings with or without a landlord or landlord representative, or otherwise acting on behalf of one or more tenants in the building regarding housing conditions, community life, landlord -tenant
relations, and/or similar i ssues of common interest or concern among tenants in the building.
(d) This subdivision (A)(23) does not prohibit a landlord from establishing reasonable time, place, and manner
8 requirements of organizing activities so long as the
requirements would not effectively prohibit or substantially interfere with organizing activities.
(24) Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, peace or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy. (B) The conduct described in sub division (A), above, shall not include conduct intended to communicate ideas or beliefs to the public at large and that has only an incidental effect upon a person or persons. § 11-5.04 NOTICE.
(A) On or before the date of commencement of a tenancy, and at the same time as any notice of termination of tenancy, a landlord shall deliver to the tenant written notice of the following in the form prescribed by the City:
(1) The tenancy is regulated by this Tenant Anti-Harassment Ordinance, Antioch Municipal Code, Title 11, Chapter 5. (2) Section 11-5.03 of the Antioch Municipal Code prohibits landlords from engaging in certain acts or failing to perform certain acts related to a tenancy in bad faith or with a dishonest intent. (3) Landlords that violate this chapter may be held liable for damages.
(B) The form of notice prescribed by the City shall include a Spanish language translation of the text and may include translations in additional languages or additional information deemed necessary or convenie nt to effectuate the purpose of this chapter.
(C) For tenancies existing on the effective date of this chapter or any amendment thereof , a landlord shall deliver to each existing tenant the written notice required by subdivision (A), above, in the form prescribed by the City within thirty (30) days of such effective date. (D) Where a property contains more than one rental unit and an interior common area accessible by the tenants of more than one rental unit, landlords shall post the written notice required by subdivision (A), above, in the form prescribed by the City in at least one interior common area. 9 § 11-5.05 SEVERANCE OF AMENITIES PROHIBITED.
(A) The following amenities, supplied in connection with use or occupancy of a rental unit, may not be severed from a tenancy without good cause: garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, backyards, gardens on the same lot, kitchen facilities, toilet facilities, or lobbies.
(B) For purposes of this section, good cause shall include:
(1) Required by federal, State, or local law;
(2) For rental units that are exempt from the Rent Stabilization Ordinance, § 11-3.01 et seq., acceptance of the severance in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept the severance;
(3) For rental units that are regulated by the Rent Stabilization Ordinance, § 11-3.01 et seq., approval of the removal of amenities by a Hearing Officer; or
(4) Severance results from the removal of a balcony for which repair or removal was necessary for safety and the landlord has obtained all necessary permits for the removal.
(B) A severance does not include noticed temporary unavailability of the above housing services to perform necessary work with all required permits.
§ 11-5.05 WAIVER VOID.
It is against public policy, void and unenforceable to waive or modify any provision of this chapter in an oral or written rental housing agreement. § 11-5.05 REMEDIES AND PENALTIES.
(A) Criminal Penalty . A violation of any provision of this chapter is punishable as an infraction or misdemeanor. A misdemeanor conviction under this article shall be punished by a fine of not more than $1,000 for each offense or by imprisonment in the county jail for a period of not more than six months or both, as determined by the court.
(B) Civil Action. Any aggrieved person, or any person, organization, or entity who will fairly and adequately represent the interest of an aggrieved tenant(s) under this chapter, or the City ma y institute civil proceedings as provided by law against any landlord violating any of the provisions of this article and any person who aids, facilitates, and/or incites another to violate the provisions of this article, regardless of whether the rental u nit remains 10 occupied or has been vacated due to harassment. The burden of proof in such cases shall be preponderance of the evidence.
(C) Injunction/Equitable Relief . Any person who commits an act or engages in any pattern and practice that violates this chapter may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate. An action for injunction under this subsection may be brought by an aggrieved person, by the City Attorney, or by any person or entity who will fairly or adequately represent the interests of the protected class.
(D) Penalties and Other Monetary Awards.
(1) Any person who violates, or aids or incites another person to violate, the provisions of this chapter is liable in a court action for each and every such offense for money damages of not less than three times actual damages suffered by an aggrieved tenant (including damages for mental or emotional distress), or for the minimum damages in the sum of two thousand dollars ($ 2000.00), whichever is greater, or whatever other relief the court deems appropriate, and shall be liable for such attorneys’ fees and costs as may be determined by the court. In the case of an award for damages for mental or emotional distress, said award shall be trebled only if the trier of fact finds that the landlord acted in knowing violation of or reckless disregard of this chapter.
(2) Any person who violates, or aids or incites another person to violate, this chapter shall be liable for an additional civil penalty of up to five thousand dollars ($5,000) for each offense committed against a person who is disabled within the meaning of California Government Code Section 12926, et seq. or successor statute, or aged sixty-five (65) or over. A tenant prevailing in court under this article may be awarded comp ensatory damages, rent refunds for reduction in housing services, tenant relocation costs, imposition of civil penalties up to $ 10,000 per violation depending upon the severity of the violation or history of violations of this chapter by the landlord, and other appropriate relief, as adjudged by the court. (3) The court may also award punitive damages to any plaintiff, including the City, in a proper case as defined by Civil Code Section 3294 or successor statute. The burden of proof for purposes of punitive damages shall be clear and convincing evidence. (4) A prevailing defendant in a civil action under this section shall be entitled to an award of attorneys’ fees only if it is determined by the court that the action was devoid of merit and brought in bad faith. 11 (E) Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action.
(F) Additional Enforcement; Nonexclusive Remedies and Penalties .
This Rent Stabilization chapter may be enforced as provided in Chapter 2 of Title 1 of thi s code in addition to the remedies provided herein. The remedies in this chapter shall be in addition to any other existing remedies which may be available.
Section 8. S everability. If any section, subsection, provision or part of this ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.
Section 9. CEQA. The above amendment is not a project under the California Environmental Quality Act under the common -sense exemption ( CEQA Guidelines §15061(b)(3) because the proposed amendment will not have a direct or reasonably foreseeable indirect physical change or effect on the environment.
Section 10. Publication. This ordinance shall be published once within fifteen (15) days upon passage and adoption in a newspaper of general circulation printed and published in the City of Antioch and shall take effect and be enforced thirty (30) days from and after the date of its adoption.
* * * * * * *
I HEREBY CERTIFY that the forgoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the ___ th day of ______ 2023, and passed and adopted at a regular meeting thereof, held on the ____ day of _____ 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lamar Thorpe, Mayor of the City of Antioch
ATTEST:
Elizabeth Householder
City Clerk of the City of Antioch
6 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of August 22, 2023
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Introduction of Ordinance Changing 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 introduce by title only and waive further reading of the ordinance (1) amending section 2-2.06(B)(2) of the Antioch Municipal Code removing the Chief of Police from the City Manager’s appointment, discipline, and removal power, and (2) adding a new Article 4 to Chapter 3 of Title 2 of the Antioch Municipal Code, so that the Chief is appointed by and serves at the pleasure of the City Council, and setting out some general duties and responsibilities of the Police Chief (Attachment A).
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 dismiss the chief of police and other subordinate appointive officers and employees, except the city attorney. (Gov. Code, § 34856.)
Antioch City Council Report
August 22, 2023 Agenda Item#6 2
In city council -city ma nager form of government, the city council reserves for itself policymaking functions, approval authority regarding the budget and certain decisions, and supervision of the city manager and the city attorney. The chief of police is generally appointed and supervised by the city manager.
The City of Antioch currently operates under a city council -city manager form of government. The City Council ordinance establishing the authority of the City Manager vests the City Manager with the authority to appoint, remove, and supervise the Chief of Police.
In some cities, the city council appoints 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)
City of Antioch’s Council-City Manager Form of Government The City of Antioch has a council-manager or city manager form of government. 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 exercises control over all departments and divisions of the City government and over all appointive officers and employees, except as provided by local, state, or federal law. The 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 C hief 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 October 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”. Councilmember Barbanica made a motion to approve the policy prepared by City Manager Bernal. The
1 This authority does not apply to the City Attorney, the City Clerk, or the City Treasurer.
Antioch City Council Report
August 22, 2023 Agenda Item#6 3
motion wa s seconded by Councilmember Ogorchock, but it failed with only Councilmembers Barbanica and Ogorchock voting in favor of it. Councilmembers Wilson and Torres-Walker voted against the motion. Mayor Thorpe was absent.
At the end of that meeting, Councilm ember Torres-Walker requested a Municipal Code review of the Police Chief appointment process to include the City Council.
Transferring the Appointment and Removal Authority for the Chief of Police from the City Manager to the City Council Requires Amending the Antioch Municipal Code The existing structure of the city council-city manager form of government is established by ordinance. Therefore, the Antioch City Council needs to adopt an ordinance amending the City’s municipal code to change the reporting structure of the Chief of Police.
The ordinance (Attachment A) removes the existing authority of the City Manager with regard to the Chief of Police position and vests 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 City Council passes the ordinance (Attachment A), the Chief of Police would report directly to the City Council.
The City Council would supervise the Chief and evaluate his performance. 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 of the Police Chief, the City Council could meet more regularly for this purpose. This authority would be vested in the City Council as a whole and exercised by the City Council as a whole via 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 relati onship between the City Council and the Chief of Police may support enhanced communication and alignment between the City Council and the Police Chief.
Elected officials may be well positioned to evaluate 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. While taken individually these diverse viewpoints are subjective, cumulatively they may form a broad basis for evaluation of performance of the police chief. 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.
On the other hand, if the City Council elects to retain the current reporting relationship Antioch City Council Report
August 22, 2023 Agenda Item#6 4
between the City Manager and the 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 accountability 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 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 council 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.”
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 and consider input from the City Manager, department heads, other city staff, and the broader Antioch community.
ATTACHMENTS
A. Ordinance
Ordinance No. XXXX-C-S
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING SECTION 2-2.06(B)(2) AND ADDING A NEW ARTICLE 4, “POLICE DEPARTMENT,” TO CHAPTER 3 OF TITLE 2 OF THE
ANTIOCH MUNICIPAL CODE, RELATING TO OVERSIGHT OF THE
POSITION OF CHIEF OF POLICE
WHEREAS, the City of Antioch ("City") operates under a City Council- City Manager form of government, under which the Chief of Police is presently employed, overseen, disciplined, and removed by the City Manager; WHEREAS, on April 11, 2023 the City Council held a meeting at which it considered a change to the present organizational structure which would involve transferring the authority to appoint, supervise, and remove the Chief of Police from the City Manager to the City Council;
WHEREAS, after consideration of the item, the City Council directed staff to proceed with an ordinance to amend the Antioch Municipal Code (“AMC”) to clarify that, going forward, the Chief of Police will be appointed, supervised, and removed by the City Council;
WHEREAS, under this reporting structure, the City Council may establish additional procedures for becoming more closely involved in performance evaluations, handling constituents’ comments and concerns related to the office of Chief of Police, and managing issues of accountability and responsiveness; and WHEREAS, the City Council has carefully considered the implications of this legislative proposal, and has determined it is in the best interest of the City to transition the oversight of the Chief of Police role from the City Manager’s office to the City Council.
NOW, THEREFORE, the City Council of the City of Antioch, California, does hereby ordain as follows:
SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.
SECTION 2. Amendment. Section 2-2.06(B)(2) of the AMC is hereby amended to read as follows (additions shown in underline):
§ 2-2.06 POWERS AND DUTIES
…
(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:
(2) Subject to the city personnel rules, to employ, discipline, or remove all page 2 / 3
Ordinance No. XXXX-C-S
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, the Chief of Police, or the City Treasurer.
SECTION 3. Addition. A new Article 4 is hereby added to Chapter 3 of Title 2 of the AMC, to read in full as follows:
ARTICLE 4: POLICE DEPARTMENT
§ 2-3.401 CREATED
There is hereby created in the government of the City a Police Department under the control of a Chief of Police , who shall be appointed by and serve at the pleasure of the City Council. The Chief of Police shall perform the functions and duties specified by the laws of the State of California, the Antioch Municipal Code, and the City’s class specification. The Chief of Police shall also perform other legally permissible and proper functions and duties in an efficient, competent, and ethical manner. Pursuant to section 13522 of Chapter 1 of the California Penal Code, the C ity, while receiving aid from the state pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
SECTION 4. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. Here, the amendment of the Antioch Municipal Code in the manner set forth in this Ordinance does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. Moreover, approval of the Ordinance merely constitutes an administrativ e activity of the City and is additionally exempt from CEQA on that basis. (CEQA Guidelines, § 15378(b)(5).) SECTION 5. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
SECTION 6. Effective Date. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second page 3 / 3
Ordinance No. XXXX-C-S
reading and shall be posted and published in accordance with the California Government Code.
I HEREBY CERTIFY that the foregoing ordinanc e was introduced at a regular meeting of the City Council of the City of Antioch, held on the _____ day of August 2023, and passed and adopted at a regular meeting thereof, held on the _____ day of September 2023, by the following vote:
A
YES:
N
OES:
ABS
TAINED:
ABS
ENT:
L
AMAR A. THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
E
LIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH