Agenda — Antioch City Council, March 12, 2024

ANNOTATED AGENDA
Antioch City Council

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

Date: Tuesday, March 12, 2024
Time: 6:30 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 A. Hernandez-Thorpe, Mayor Ellie Householder, City Clerk Monica E. Wilson, Mayor Pro Tem (District 4) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Michael Barbanica, Council Member District 2 Kwame P. Reed, Acting City Manager Lori Ogorchock, Council Member District 3 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 disabiliti es. 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- MARCH 12, 2024

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 mo nth 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.

Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the “Public Comments” section. No one may speak more than once on an 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.

6:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, and Mayor Pro Tem (District 4) Wilson [Council Member District 1 Torres-Walker and Mayor Hernandez-Thorpe – Absent]

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS for Closed Session – None

CLOSED SESSION:

1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: James Adams v.

New Way Management Services, Veronica Dean, and City of Antioch , Superior Court of California Contra Costa County, Case No. MSC 20-01457.

No reportable action

6:32 P.M. MOTIONED TO ADJOURN TO CLOSED SESSION

7:02 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Successor Agency/Housing Successor to the Antioch Development Agency – Council Members District 2 Barbanica, District 3 Ogorchock, and Mayor Pro Tem (District 4) Wilson [Council Member District 1 Torres-Walker and Mayor Hernandez-Thorpe – Absent]

PLEDGE OF ALLEGIANCE

ANTIOCH CITY COUNCIL -2- MARCH 12, 2024

1. PROCLAMATIONS

• In Honor of Women's History Month, March 2024
• Prescription Drug Abuse Awareness Month, March 2024
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the proclamations.

2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

➢ JOIN THE ANTIOCH COUNCIL OF TEENS – The ‘Youth Voice’ for the City of Antioch

▪ Serve as representatives for teens in the community – Visit us at: antiochca.gov/ACT For more information, email: [email protected]

➢ TEEN MOVIE NIGHT – March 26, 2024

▪ Maya Cinemas, 4085 Century Boulevard, Pittsburg, CA

PUBLIC COMMENTS – Members of the public may comment only on unagendized items.

The public may comment on agendized items when they come up on this Agenda.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

MAYOR’S COMMENTS

3. PRESENTATION – 10th Annual Sales Tax Citizens’ Oversight Committee Report Presented by Committee Member Erika Raulston and
Chairperson Cortney L. Jones

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 13, 2024 Approved, 3/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

B. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 27, 2024 Continued, 3/0
Recommended Action: It is recommended that the City Council continue the Meeting Minutes.

ANTIOCH CITY COUNCIL -3- MARCH 12, 2024

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

C. APPROVAL OF COUNCIL WARRANTS
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the warrants.

D. APPROVAL OF SUCCESSOR AGENCY WARRANTS
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the warrants.

E. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the warrants.

F. APPROVAL OF TREASURER’S REPORT FOR SEPTEMBER 2023
Received and filed, 3/0
Recommended Action: It is recommended that the City Council receive and file the September 2023 Treasurer’s Report.

G. APPROVAL OF TREASURER’S REPORT FOR OCTOBER 2023
Received and filed, 3/0
Recommended Action: It is recommended that the City Council receive and file the October 2023 Treasurer’s Report.

H. APPROVAL OF TREASURER’S REPORT FOR NOVEMBER 2023
Received and filed, 3/0
Recommended Action: It is recommended that the City Council receive and file the November 2023 Treasurer’s Report.

I. SECOND READING – ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH, CALIFORNIA, ADDING CHAPTER 4 TO TITLE 4 (PUBLIC SAFETY)

OF THE ANTIOCH MUNICIPAL CODE RELATING TO ORGANIZING OR ADVERTISING STREET RACING, SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS (Introduced on February 27, 2024)
Failed due to lack of a motion
Recommended Action: It is recommended that the City Council adopt the Ordinance adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibits organizing or advertising street racing, sideshows, and reckless driving exhibitions.

ANTIOCH CITY COUNCIL -4- MARCH 12, 2024

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

J. EXTENSION OF VESTING TENTATIVE SUBDIVISION MAP 9501 AND DESIGN REVIEW APPROVALS FOR CREEKSIDE VINEYARDS AT SAND CREEK (GP-19-06, PD-19-02) Reso No. 2024/31 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution approving a two -year extension of the Vesting Tentative Subdivision Map (VTSM 9501) and design review approvals for the Creekside Vineyards at Sand Creek project.

CEQA: An Environmental Impact Report was adopted and
certified on March 23, 2021.

K. CONSIDERATION OF A COOPERATIVE AGREEMENT BETWEEN THE CITY OF

ANTIOCH AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE L STREET PATHWAY TO TRANSIT – BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT FUNDED IN PART BY A SAFE STREETS AND ROADS FOR ALL GRANT (P.W. 234-15)
Reso No. 2024/32 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:

1) Approving the Cooperative Agreement between the City of Antioch and the Contra Costa Transportation Authority for the L Street Pathway to Transit – Bicycle and Pedestrian
Improvement Project;

2) Approving an amendment to the Fiscal Year 2023/2024
Operating Budget to increase the funding for the L Street Pathway to Transit – Bicycle and Pedestrian Improvement Project by $4,952,000 from Road Maintenance and
Rehabilitation Account (RMRA) funds;

3) Authorizing the expenditure of up to $4,952,000 of RMRA funds to pay an advancement to the Contra Costa
Transportation Authority for estimated costs for each phase of project delivery for the L Street Pathway to Transit – Bicycle and Pedestrian Improvement Project, which is required to receive a $ 13,008,000 Safe Streets and Roads for All Grant; and

4) Authorizing the Acting City Manager to execute the agreement.

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

L. ANTIOCH MUNICIPAL RESERVOIR AQUATIC VEGETATION MANAGEMENT MAINTENANCE SERVICES AGREEMENT (P.W. 453-2)
Reso No. 2024/33 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Awarding the maintenance services agreement to Clean Lakes Inc. for aquatic vegetation management at the Antioch
Municipal Reservoir for up to 5 years for a total amount of up to $815,401.50 consisting of $163,080.30 per calendar year for three years totaling $489,240.90 and an option to e xtend an additional two (2) years totaling $326,160.60; and

2) Authorizing the Acting City Manager to execute the agreement with Clean Lakes Inc. in a form approved by the City Attorney.

M. AGREEMENT WITH WESTSIDE LANDSCAPE & CONCRETE, INC. FOR FIREBREAK MOWING AND DISKING SERVICES – PROPOSAL NO. 988-0221-24A Reso No. 2024/34 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Awarding the Maintenance Services Agreement for Firebreak Mowing and Disking Services throughout the City to Westside Landscape & Concrete, Inc.;

2) Approving the agreement with Westside Landscape &
Concrete, Inc. of Newman CA, for a three (3) year term for an amount up to $581,349 with an option to extend two (2)
additional years for an amount up to $391,566 for a total contract amount not to exceed $972,915 over a five (5) year period;

3) Authorizing the Acting City Manager to execute the agreement in a form approved by the City Attorney; and

4) Authorizing the Acting City Manager to make the necessary budget amendment to the approved operating budgets in the additional amounts of $28,000 in F iscal Year 2023/24 and $29,000 in F iscal Year 2024/25 for Firebreak Mowing and Disking Services.

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

N. SECOND AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH FOUNDRY CONSTRUCTION, INC. FOR THE MAINTENANCE SERVICE CENTER WAREHOUSE IMPROVEMENTS (P.W. 143-R)
Reso No. 2024/35 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a second amendment to increase the construction agreement with Foundry Construction Inc. by $5,890 for a total agreement amount of $489,356; and

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

COUNCIL REGULAR AGENDA

5. PLANNING COMMISSION APPOINTMENT FOR ONE FULL -TERM VACANCY, 4 -YEAR TERM, EXPIRING OCTOBER 2027
Reso No. 2024/36 adopted appointing Seth Webber Corcoran to the Planning Commission for one full-term vacancy expiring October 2027, 3/0
Recommended Action: 1) It is recommended that the Mayor nominate the candidate for appointment.

2) It is recommended that the City Council adopt a resolution approving the Mayor’s appointment of Seth Webber Corcoran to the Planning Commission for the one full -term vacancy, 4 - year term, expiring October 2027.

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COUNCIL REGULAR AGENDA – Continued

6. DISSOLVE THE HUMAN RIGHTS AND RACIAL EQUITY AD HOC COMMITTEE AND

PROVIDE DIRECTION TO STAFF ON THE FORMATION OF A NEW AD HOC

COMMITTEE OR STANDING COMMITTEE
Direction provided to staff to dissolve the Human Rights and Racial Equity Ad Hoc Committee and bring back an ordinance, 3/0 Recommended Action: It is recommended that the City Council provide a status update from the Human Rights and Racial Equity Ad Hoc Committee and take the following actions:

1) Dissolve the Human Rights and Racial Equity Ad Hoc
Committee; and

2) Provide direction to staff to:

a. Prepare a resolution for a new ad hoc committee
focused on the development of human rights policies for the City; or

b. Prepare a resolution for a Human Rights and Racial
Equity Standing Committee; or

c. Take no action.

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.

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

Motioned to adjourn meeting at 9:00 p.m., 3/0

IN HONOR OF
WOMEN’S HISTORY MONTH
MARCH 2024
WHEREAS, in 1987, Congress declared March as Women’s History Month and March 8th became International Women’s Day over a decade ago when many countries recognized women’s right to vote;

WHEREAS, women have played a critical role in shaping the economic, cultural, and the social fabric of our society through their participation in the labor force, working both inside and outside the home, in leadership positions, and through creative inspiration;
WHEREAS, National Women’s History Month provides an opportunity for schools and communities to increase knowledge held by our children and our community of women’s roles in history and their contributions
to the development of this nation;

WHEREAS, the story of American women is the story of women of all ages, races, and cultural backgrounds who led campaigns for equality and civil rights, advanced professional and educational opportunities, founded entirely new enterprises, and contributed significantly to the arts, sciences, and humanistic causes; WHEREAS, despite these contributions, the role of American women in history has been consistently overlooked and undervalued in the literature, teaching, and study of American history; and
WHEREAS, the 2024 theme for National Women’s History Month is “Women Who Advocate for Equity, Diversity, and Inclusion” which directly recognizes women throughout the country who understand that, for a positive future, we need to eliminate bias and discrimination entirely from our lives and institutions.

NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby proclaim March 2024 is “Women’s History Month” in the City of Antioch.

I encourage all Antioch Residents to observe March as Women’s History Month with appropriate programs, ceremonies, and activities.

MARCH 12, 2024

______________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor

1.01 03-12-24

PRESCRIPTION DRUG ABUSE AWARENESS MONTH
March 2024
WHEREAS, when used as prescribed by a doctor, prescription medicines such as stimulants, sedatives and opioids can be helpful in treating many illnesses, but when these medications are misused, they can have serious consequences;
WHEREAS, many prescription drugs can alter a person’s thinking and judgment, and can lead to health risks, including addiction, drugged driving, infectious disease, and adverse effects on pregnancy; WHEREAS, anyone who takes prescription opioids can become addicted to them. As many as one in four patients receiving long-term opioid therapy in a primary care setting struggles with an opioid use disorder (OUD);
WHEREAS, prescription opioid overdose deaths also often involve benzodiazepines, which are central nervous system depressants that the Centers for Disease Control and Prevention (CDC) recommend avoiding while taking prescription opioids, due to the risk of overdose; WHEREAS, in 2022 in Contra Costa County, there were 463,914 opioid prescriptions given to patients which is an age-adjusted rate of 318 per 1,000 residents; WHEREAS, in 2022, a total of 21,316 emergency department visits occurred in California that were related to any opioid overdose and 348 of those visits occurred in Contra Costa County. According to the CDC, 106,699 drug overdose deaths occurred nationally in 2022, 80,411 were from opioids and 169 of those opioid related overdose deaths occurred in Contra Costa County; WHEREAS, synthetic opioids other than methadone (primarily fentanyl) and stimulants such as methamphetamine were the main drivers of drug overdose deaths in the United States in 2022;
WHEREAS, to help prevent substance abuse disorder and overdose deaths, the Antioch City Council encourages community members to dispose of their expired and unwanted prescription drugs throughout the year and safety store those still needed; and WHEREAS, the Contra Costa County Medication Education and Disposal Safety (MEDS) Coalition engages all community members in the county to participate in Prescription Drug Abuse Awareness Month activities to raise prescription drug safety awareness.

NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby declare that March 2024 is “Prescription Drug Abuse Awareness Month” in the City of Antioch.

I encourage all citizens to participate in prescription drug abuse related prevention programs and activities. The Antioch City Council also encourages all community members to pledge to, “Spread the Word… One Pill Can Kill”.

MARCH 12, 2024
______________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor 1.02
03-12-24

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY/

ANTIOCH PUBLIC FINANCING AUTHORITY

Special/Regular Meeting February 13, 2024
7:00 P.M. Council Chambers

5:00 P.M. SPECIAL MEETING

Mayor Hernandez-Thorpe called the Special Meeting to order at 5:00 P.M., and Acting City Clerk Rosales called the roll.

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

Absent: Council/Agency Members District 2 Barbanica and Mayor Pro Tem (District 4) Wilson

PLEDGE OF ALLEGIANCE

Mayor Hernandez-Thorpe led the Pledge of Allegiance.

WORK SESSION

SM-1. BROWN ACT TRAINING PRESENTATION

City Attorney Smith introduced Outside Legal Counsel Christopher Diaz, who gave The Ralph M. Brown Act PowerPoint Presentation recommending the City Council receive the presentation.

In response to Leslie May, Outside Legal Counsel Diaz explained AB2449 as it related to the provisions for teleconferencing.

In response to Councilmember Ogorchock, Outside Legal Counsel Diaz also explained that if an item came back to the legislative body as a cure, they would follow the same voting rules.

Additionally, he noted a JPA was a separate governmental agency and he advised JPA members to consult with City Attorney Smith prior to disclosing anything to Council. He confirmed that text messages and emails between members were subject to public record requests.

In response to Councilmember Torres-Walker, Outside Legal Counsel Diaz discussed laws governing disruptions during public comment.

Andrew Becker questioned if there was a cure for an instance in which a member of the public was denied access to a Councilmember.

Mayor Hernandez-Thorpe thanked Mr. Diaz for the presentation.

A
03-12-24

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In response to Mayor Hernandez-Thorpe, Outside Legal Counsel Diaz explained what would constitute a threat to public services. He confirmed that Ad Hoc Committees did not need to conform to the Brown Act since they had limited durational jurisdiction; however, Standing Committees would need to comply.

Mayor Hernandez-Thorpe thanked Mr. Diaz for the training and thanked the Board and Commission members who were in attendance for Brown Act Training. He noted Council strived to follow the Brown Act.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council adjourned the Special Meeting at 6:10 P.M.

6:00 P.M. - CLOSED SESSION

Mayor Hernandez-Thorpe called the Closed Session to order at 6:10 P.M., and Acting City Clerk Rosales called the roll.

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

Absent: Council/Agency Members District 2 Barbanica and Mayor Pro Tem (District 4) Wilson

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: Bullock v. City of Antioch, Superior Court of California Contra Costa County, Case No. MSC19-01331.

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

3. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to California Government Code section 54956.9(d)(4): One Case.

4. PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to California Government Code section 54957(b).

PUBLIC COMMENTS None

ADJOURN TO CLOSED SESSION

Mayor Hernandez-Thorpe adjourned to Closed Session at 6:12 P.M.

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7:00 P.M. REGULAR MEETING

Mayor Hernandez-Thorpe called the meeting to order at 7:12 P.M., and Acting City Clerk Rosales called the roll.

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

Absent: Council/Agency Members District 2 Barbanica and Mayor Pro Tem (District 4) Wilson

PLEDGE OF ALLEGIANCE

Mayor Hernandez-Thorpe led the Pledge of Allegiance. He announced there had been a request for the Pan African Flag to be flown at City Hall; however, there was a delay in relaying that information to Council. Following discussion, Council consensus agreed to display Pan African Flag in Council Chambers this evening.

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 EXISTING LITIGATION, direction given to City Attorney, #2 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, direction given to City Attorney, #3 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, no reportable action; and, #4 PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER, no reportable action.

ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER

TORRES-WALKER, THE CITY COUNCIL MEMBERS PRESENT UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEM #5 TO BE HEARD AFTER ITEM #1 ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS.

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS None

1. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

Acting City Clerk Rosales announced the following Board and Commission openings.

Board of Administrative Appeals
Parks and Recreation Commission

For more information and to apply, applications were available in the lobby of City Hall or by visiting

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COUNCIL REGULAR AGENDA

5. ANTIOCH POLICE OVERSIGHT COMMISSION APPOINTMENT FOR TWO COMMISSION MEMBERS FOR 1-YEAR TERMS, EXPIRING NOVEMBER 2024; TWO COMMISSION MEMBERS FOR 2-YEAR TERMS EXPIRING NOVEMBER 2025; AND THREE COMMISSION MEMBERS FOR 3-YEAR TERMS EXPIRING NOVEMBER 2026

Mayor Hernandez-Thorpe reported that Council had agreed the composition of the Antioch Police Oversight Commission (APOC) would consist of a representative from each district and three at-large individuals representing Antioch Unified School District (AUSD), and the business and faith-based communities. He reported each Councilmember participated in the interview process, which included a panel of other members of the community. He announced that they had been unsuccessful at fulfilling a representative from AUSD and the business community so the appointments for one-year terms would be filled until the next interview process when they would seek individuals to serve in that capacity. He announced a swearing-in ceremony for appointees would be held at 11:00 A.M. on February 14, 2024, at City Hall.

Mayor Hernandez-Thorpe nominated Alicia Dianne Lacey-Oha to the APOC for a one-year term, expiring November 2024 and Acting City Clerk Rosales read her biography.

A motion was made by Councilmember Ogorchock and seconded by Councilmember Torres- Walker to appoint Alicia Dianne Lacey-Oha to the Antioch Police Oversight Commission for a one-year term, expiring November 2024.

Mayor Hernandez-Thorpe opened the floor to public comment.

Ralph Hernandez, Antioch resident, stated he did not support moving forward with appointments to the Commission at this time.

Several speakers spoke in support of appointing Alicia Dianne Lacey-Oha to the APOC.

RESOLUTION NO. 2024/08

A vote taken on the previous motion to adopt
Alicia Dianne Lacey-Oha to the Antioch Police Oversight Commission for a one-year term, expiring November 2024 was unanimously approved by the Councilmembers present.

Mayor Hernandez-Thorpe nominated Devin Williams to the APOC for a one-year term, expiring November 2024 and Acting City Clerk Rosales read his biography.

Several speakers spoke in support of appointing Devin Williams to the APOC.

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Ralph Hernandez stated he opposed appointments to this Commission until their duties were defined and expressed concern for previous comments appointees had made against the Antioch Police Department (APD).

Councilmember Ogorchock responded that she did not believe prospective appointees had a pre-disposed idea of making changes without hearing all the facts for each item. She stated she believed they would be open-minded
did. She commented that she hoped, prayed, and believed that was how the Commission would act.

Mayor Hernandez-Thorpe thanked Councilmember Ogorchock for her comments. He noted while they did not always see eye-to-eye, it could not be said more beautifully in terms of the people they were putting forward.

RESOLUTION NO. 2024/09

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously adopted
of Devin Williams to the Antioch Police Oversight Commission for a one-year term, expiring November 2024.

Mayor Hernandez-Thorpe nominated Porshe Taylor to the APOC for a two-year term, expiring November 2025 and Acting City Clerk Rosales read her biography.

Several speakers spoke in support of the appointment of Porshe Taylor to the APOC.

RESOLUTION NO. 2024/10

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously adopted
of Porshe Taylor to the Antioch Police Oversight Commission for a two-year term, expiring November 2025.

Mayor Hernandez-Thorpe nominated Leslie May to the APOC for a two-year term, expiring November 2025 and Acting City Clerk Rosales read her biography.

Councilmember Torres-Walker reported this recommendation was made by youth who supported Ms. May because of her background in mental health.

Several speakers

RESOLUTION NO. 2024/11

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On motion by Councilmember Torres-Walker, seconded by Councilmember Ogorchock, the City Council members present unanimously adopted
of Leslie May to the Antioch Police Oversight Commission for a two-year term, expiring November 2025.

Mayor Hernandez-Thorpe nominated Mahogany Spears to the APOC for a three-year term, expiring November 2026 and Acting City Clerk Rosales read her biography.

Councilmember Ogorchock reported this recommendation was made by young adults and youth who served on the interview panel and supported the appointment of Ms. Spears because of her professional experience.

RESOLUTION NO. 2024/12

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously adopted
of Mahogany Spears to the Antioch Police Oversight Commission for a three-year term, expiring November 2026.

Mayor Hernandez-Thorpe nominated Treva Hadden to the APOC for a three-year term, expiring November 2026 and Acting City Clerk Rosales read her biography.

A speaker spoke in support of appointing to the APOC.

RESOLUTION NO. 2024/13

On motion by Councilmember Torres-Walker, seconded by Councilmember Ogorchock, the City Council members present unanimously adopted
of Treva Hadden to the Antioch Police Oversight Commission for a three-year term, expiring November 2026.

Mayor Hernandez-Thorpe nominated Harry Thurston to the APOC for a three-year term, expiring November 2026 and Acting City Clerk Rosales read his biography.

A speaker spoke in support of appointing Harry Thurston to the APOC.

RESOLUTION NO. 2024/14

On motion by Councilmember Torres-Walker, seconded by Councilmember Ogorchock, the City Council members present unanimously adopted
of Harry Thurston to the Antioch Police Oversight Commission for a three-year term, expiring November 2026.

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Councilmember Torres-Walker expressed her appreciation to those who applied and the interview panel who selected candidates. She discussed the importance of accountability and transparency for the APD. She suggested the City consider hiring a Diversity and Equity Officer.

Mayor Hernandez-Thorpe congratulated residents on the successful creation of the APOC and expressed his appreciation for those who had advocated for change. He noted this was an important step for rebuilding public safety in Antioch. He reiterated that the swearing-in ceremony for appointees would be held tomorrow at 11:00 A.M. at City Hall.

Assistant City Clerk Garcia administered the Oath of Office to Alicia Dianne Lacey-Oha, Devin Williams, Porshe Taylor, Leslie May, Mahogany Spears, Treva Hadden and Harry Thurston.

PUBLIC COMMENTS

Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to two-minutes.

Sara Blanco, Frank Sterling Hadi Ghaus, Antioch resident, Omair Alam, Ahmad, Antioch resident, Dr. Shaikh, Mushda Farez, Contra Costa & Palestine and Leslie May requested Council agendize a resolution in support of a ceasefire in Gaza.

Rocheall Pierre, Rising Juntos and Monument Impact, requested Council agendize a Just Case for Eviction Ordinance.

Judith Ortiz, Monument Impact, requested Council agendize a Just Cause for Eviction Ordinance and a resolution in support of a ceasefire in Gaza.

Hilda Poulson, Alameda for Cease Fire, Fransisco Torres, Reimagine Antioch and Teki Flow congratulated the City on the formation of the APOC. They requested Council agendize a resolution in support of a ceasefire in Gaza.

Erika Raulston congratulated the City on the formation of the APOC. She requested Council agendize a Just Cause for Eviction Ordinance.

Ralph Hernandez, Antioch resident, commended Mayor Hernandez-Thorpe for changing his name to include his last name and discussed cultural traditions of the Hispanic Latino community.

Al Dargma spoke in support of utilizing tax dollars to benefit American citizens. He requested Council agendize a resolution in support of a ceasefire in Gaza.

Eddie Gums, Archie Brumfield, Necole Arrington, ACCE Antioch, Kamilah Miller, ACCE and Tachina Garrett ACCE, discussed historical events in honor of Black History Month.

Daniel Solorio discussed the fiscal impact of Antioch Unified School Bond Measure B.

ANTIOCH CITY COUNCIL

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Regular/Special Meeting
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Devin Williams discussed historical events in honor of Black History Month and spoke in support of the people in Palestine.

Melissa Case wished everyone a Happy Black History Month and spoke in support of the formation of the APOC. She commented on the delay in bringing police body cameras to APD.

Mayor Hernandez-Thorpe responded that the body camera agenda item included tasers which the majority of Council had opposed.

Cassandra Quinto Collins thanked Mayor Hernandez-
and the City Council for passing police reform policies.

An unidentified speaker discussed his efforts to bring affordable housing units to Antioch. He urged Council and staff to be part of the process.

An unidentified speaker invited the public to visit her social media and discussed past threats against community members. She requested Council agendize a Just Cause for Evictions Ordinance, a resolution in support of a ceasefire in Gaza and invest in public safety/community resources.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Torres-Walker reported on her attendance at a Human Rights and Racial Equity Ad Hoc Committee meeting.

Councilmember Ogorchock reported on her attendance at a Human Rights and Racial Equity Ad Hoc Committee meeting and a Mayor and Councilmember Conference. She discussed the financial implications of the California Business Roundtable.

Mayor Hernandez-Thorpe announced he would be attending a Tri Delta Transit meeting later this month. He reported the CCTA committee met, and he was appointed to the Contra Costa Transportation Ad Hoc Committee to develop a new transportation plan for Contra Costa County.

He announced he was hosting a Black History Closing Celebration and Key to the City event honoring local civil rights leaders at 6:30 P.M. on February 29, 2024, at Delta Bay Community Church.

2. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency/Antioch Public Financing Authority

A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 23, 2024

B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR JANUARY 30, 2024

ANTIOCH CITY COUNCIL

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Regular/Special Meeting
February 13, 2024 Page 9 of 13

C. APPROVAL OF COUNCIL WARRANTS

D. APPROVAL OF HOUSING SUCCESSOR WARRANTS

E. REJECTION OF CLAIMS: MICHAEL J. CLARK AND SUSAN SHINTAKU

F. CITY OF ANTIOCH ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023

G. ANTIOCH PUBLIC FINANCING AUTHORITY BASIC FINANCIAL STATEMENTS

H. RESOLUTION NO. 2024/15 CONSIDERATION OF BIDS FOR THE CURB, GUTTER,

AND SIDEWALK REPAIR INCLUDING TREE REMOVAL AND STUMP GRINDING

AND INSTALLATION OF CONCRETE CURB RAMPS AT MISCELLANEOUS LOCATIONS (2024) (P.W. 507-20)

I. RESOLUTION NO. 2024/16 FIRST AMENDMENT TO THE AGREEMENT WITH PROFESSIONAL TREE CARE CO. FOR ON CALL TREE TRIMMING SERVICES

J. APPROVAL OF EXTRA STREET SWEEPING SERVICES FROM SWEEPING

CORPORATION OF AMERICA UTILIZING THE SOURCEWELL COOPERATIVE PURCHASING AGREEMENT NO. 062421-SWP

K. RESOLUTION NO. 2024/18 FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH W.R FORDE ASSOCIATES, INC. FOR THE WATER MAIN REPLACEMENT AT VARIOUS LOCATIONS (P.W. 503-19)

L. RESOLUTION NO. 2024/19 ACCEPTING COMPLETED IMPROVEMENTS,

AUTHORIZING FILING A NOTICE OF COMPLETION AND AUTHORIZING RELEASE OF BONDS FOR PROMENADE PHASES 1, 2 AND 3 VINEYARDS AT SAND CREEK SUBDIVISION, TRACT NO. 9484, 9483, AND 9482 (PW 697-1, 697-2, AND 697-3)

M. RESOLUTION NO. 2024/20 APPROVAL OF AWARDS FOR THE 2023-2024 CIVIC

ENHANCEMENT GRANT PROGRAM

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously approved the Council Consent Calendar with the exception of Items I, J and M, which were removed for further discussion.

Item I An unidentified speaker expressed concern for costs associated with the tree trimming service.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR

ANTIOCH PUBLIC FINANICING AUTHORITY
Regular/Special Meeting
February 13, 2024 Page 10 of 13

Acting Director of Public Works/City Engineer Buenting explained that the project went out to bid and the proposal from The Professional Tree Care Company was appropriate. He noted additional work needed to be addressed and this was the lowest responsible bidder.

On motion by Councilmember Ogorchock, seconded by Mayor Hernandez-Thorpe, the City Council members present unanimously approved Item I.

Item J Councilmember Ogorchock stated she did not support extra street sweeping services and would not vote to approve it this evening.

A motion was made by Councilmember Torres-Walker, seconded by Mayor Hernandez-Thorpe to postpone Item J.

Speakers spoke in support of Item J.

In response to Councilmember Ogorchock, Councilmember Torres-Walker explained that this proposal had been scaled down and it would improve street conditions and pedestrian safety within Districts 1 and 2, currently underserved and underrepresented.

Councilmember Ogorchock stated given the information provided, she would be willing to support extra street sweeping services.

A vote taken on the previous motion to postpone Item J was unanimously approved by the Councilmembers present.

Item M Acting Assistant City Manager Helfenberger announced the Rotary Club of the Delta was inadvertently left off the list. He requested Council include a grant in the amount of $1,000.00 so they could provide home repairs for the elderly.

A motion was made by Councilmember Ogorchock, seconded by Councilmember Torres- Walker, to approve Item M with the addition of a $1,000.00 grant for the Rotary Club of the Delta.

An anonymous speaker spoke in support of funding all the Civic Enhancement Grants.

Mayor Hernandez-Thorpe explained that this item started as a pilot program and supported increasing grants in the future. He noted there were other grant opportunities in Antioch.

A vote taken on the previous motion to approve Item M with the addition of a $1,000.00 grant for the Rotary Club of the Delta was unanimously approved by Councilmembers present.

PUBLIC HEARING

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR

ANTIOCH PUBLIC FINANICING AUTHORITY
Regular/Special Meeting
February 13, 2024 Page 11 of 13

3. PG&E SERVICE CENTER (PD-21-05, UP-21-14, DR2023-0022)

Acting Planning Manager Merideth presented the staff report dated February 13, 2024, recommending the City Council take the following actions: 1) Adopt the resolution approving the PG&E Service Center Project Initial Study/Mitigated Negative Declaration (IS/MND), Response to Comments, and Mitigation Monitoring and Reporting Program (MMRP). 2) Introduce by title only and waive the further reading of the ordinance rezoning the project site to Planned Development (PD). 3) Adopt the resolution approving a Final Development Plan, Use Permit, and Design Review.

Mayor Hernandez-Thorpe opened the public hearing.

Brett Badelle, Local Government Affairs Representative / PG&E, introduced himself and stated they would incorporate the feedback received for this project from the Planning Commission.

He introduced Richard Price, Principal / DGA who presented the PowerPoint presentation of the PG&E Antioch Service Center Development Plan, Use Permit and Design Review.

A speaker encouraged PG&E to secure their site across the street and suggested they consider investing in a service center as well as warming and cooling centers.

Laura Kindsvater, Antioch resident, requested PG&E consider increasing native keystone species in their landscape plans.

Alexander Broom spoke in support of increasing native plant species, securing their neighboring parcel and increasing solar capacity.

Mr. Badelle stated he appreciated the feedback and noted PG&E was committed to the community.

Mayor Hernandez-Thorpe closed the public hearing.

Councilmember Torres-Walker requested a list of the native plant species. She discussed the importance of community engagement for corporations.

In response to Councilmember Torres-Walker, Mr. Badelle reported they were working internally to secure the site across the street. He stated he would follow up offline to make sure this matter was addressed properly. He offered to provide Council with his contact information.

Acting Director of Community Development Scudero confirmed that representatives from PG&E had reached out to Code Enforcement regarding how to better secure the site across the street.

Councilmember Ogorchock spoke in support of the project and recognized PG&E for their local hire practice. She suggested keystone native plants make up 75 percent of the landscape plan and requested PG&E consider adding more solar panels.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR

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Regular/Special Meeting
February 13, 2024 Page 12 of 13

Mr. Price confirmed that there would be additional solar and solar ready areas.

Mayor Hernandez-Thorpe stated the project was promising and requested PG&E secure the property across the street.

Councilmember Ogorchock also requested PG&E consider adding a service center.

RESOLUTION NO. 2024/21

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously adopted the resolution approving the PG&E Service Center Project Initial Study/Mitigated Negative Declaration (IS/MND), Response to Comments, and Mitigation Monitoring and Reporting Program (MMRP).

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously introduced by title only and waive the further reading of the ordinance rezoning the project site to Planned Development (PD).

In response to Mayor Hernandez-Thorpe, Mr. Price provided a timeline for the project.

RESOLUTION NO. 2024/22

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously adopted the resolution approving a Final Development Plan, Use Permit, and Design Review.

4. ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH, CALIFORNIA, ADDING CHAPTER 4 TO TITLE 4 (PUBLIC SAFETY) OF THE

ANTIOCH MUNICIPAL CODE RELATING TO ORGANIZING OR ADVERTISING

STREET RACING, SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS

Mayor Hernandez-Thorpe requested a motion to postpone Item #4.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously postponed Public Hearing Item #4.

COUNCIL REGULAR AGENDA Continued

6. BUDGET REQUESTS CONTINUED FROM NOVEMBER 28, 2023

Mayor Hernandez-Thorpe requested a motion to postpone Item #6.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously postponed Council Regular Agenda Item #6.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR

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Regular/Special Meeting
February 13, 2024 Page 13 of 13

PUBLIC COMMENT

Frank Sterling invited the City Council to attend a Beyond Borders event at 2:00 P.M. on February 18, 2024, at Adams Middle School in Brentwood.

STAFF COMMUNICATIONS

Acting City Manager Reed reported on his attendance alongside Acting Assistant City Manager Helfenberger at the Cal Cities City Manager Conference.

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Torres-Walker has requested several items to be included on a future agenda:

Resolution to Support a Ceasefire, Just Cause for Evictions Ordinance, Consideration of Hiring a Diversity, Equity and Inclusion Officer as well as a Health and Safety Analyst or Coordinator.

Mayor Hernandez-Thorpe thanked the public for their participation in the meeting.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council members present unanimously adjourned the meeting at 10:59 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

- -2

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

SUBMITTED BY:

SUBJECT:

RECOMMENDED ACTION

FISCAL IMPACT

DISCUSSION

ATTACHMENT
4C______________

4D______________
4E______________
F
03-12-24

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 12, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:

SUBJECT:

Lauren Posada, City Treasurer LP
Approval of Treasurers Report for of 2023

RECOMMENDED ACTION
It is recommended that the City Council receive and file 2023 Treasurers Report.

FISCAL IMPACT
There is no fiscal impact of this action.

DISCUSSION
The Citys Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurers Report is provided with both reporting provisions of the Policy.

ATTACHMENTS
A. City Treasurers Report

Amount
$50,750
$286,950
Antioch Public Financing Authority 2015 Bonds (ABAG)
Antioch Public Financing Authority 2015 Refunding Bonds (02 Leae Rev) Antioch Development Agency 2009 Tax Allocation Bonds $150,047 $487,747
Summary of Fiscal Agent Balances by
Debt Issue

G
03-12-24

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 12, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Lauren Posada, City Treasurer LP
SUBJECT: Approval of Treasurers Report for October of 2023

RECOMMENDED ACTION
It is recommended that the City Council receive and file October 2023 Treasurers Report.

FISCAL IMPACT
There is no fiscal impact of this action.

ATTACHMENTS
A. City Treasurers Report

Amount
Antioch Public Financing Authority 2015 50,750
Antioch Public Financing Authority 2015 Refunding Bonds (02 Lease Rev) 287,534 Antioch Development Agency 2009 Tax Allocation Bonds 150,641 $488,925
Summary of Fiscal Agent Balances by
Debt Issue

H
03-12-24

RECOMMENDED ACTION
It is recommended that the City Council receive and file November 2023 Treasurers Report.

FISCAL IMPACT
There is no fiscal impact of this action.

ATTACHMENTS
A. City Treasurers Report

Amount
Antioch Public Financing Authority 2015 50,750
Antioch Public Financing Authority 2015 Refunding Bonds (02 Lease Rev) 289,036 Antioch Development Agency 2009 Tax Allocation Bonds 150,641 $490,427
Summary of Fiscal Agent Balances by
Debt Issue

I
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 12, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Adopt the Ordinance of the City Council of the City of Antioch, California, Adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code Relating to Organizing or Advertising Street Racing, Sideshows, and Reckless Driving Exhibitions

RECOMMENDED ACTION
It is recommended that the City Council adopt the Ordinance adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibits organizing or advertising street racing, sideshows, and reckless driving exhibitions.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

DISCUSSION
On November 14, 2023, the City Council considered, as a discussion item, a proposed Ordinance prohibiting spectators at illegal street races, sideshows, or reckless driving exhibitions on or in public highways or offstreet parking facilities within the City. During that discussion, the City Council provided direction that the Council did not want to criminalize the act of being a spectator at an illegal race, instead Council sought to focus on the actions of more culpable individuals, such as individuals who may directly organize or advertise such activities.

On February 27, 2024, the City Council introduced by title only and waived further reading of an Ordinance that would prohibit advertising or organizing various types of illegal street races, sideshows, or reckless driving exhibitions on or in public highways or offstreet parking facilities within the City.

At the March 12, 2024 meeting, the City Council will consider whether to adopt the Ordinance adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code, which prohibits organizing or advertising street racing, sideshows, and reckless driving exhibitions.

Antioch City Council Report
March 12, 2024 Agenda Item I 2
Analysis
The California Vehicle Code (CVC) criminalizes engaging in motor vehicle speed contests, speed exhibitions, and reckless driving, including aiding and abetting these activities. Under state law, violators are guilty of a misdemeanor and face penalties including up to 90 days in jail, a fine of $1,000, or both, 40 hours of community service, and suspension of a perpetrator’s driver’s license for three to six months. Increased penalties are imposed on repeat violators or violations resulting in serious bodily injury.

Despite law enforcement efforts to enforce the existing State regulations, the City’s streets have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years. These events attract spectators. The presence of spectators encourages street racing to continue, which creates a public nuisance that generates noise, air pollution, an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical services.

California DMV reported a significant increase in 2021 in the number of reckless driving citations statewide and an 80% increase in excessive speed violations. The California Highway Patrol has reported as of May 2023 that, in the past five years, 264 collisions statewide attributed to street racing and sideshows, resulting in 30 fatalities and 124 serious injuries. Therefore, illegal street racing poses an imminent risk to the health and safety of participants, spectators, and the general public.

The Ordinance attempts to discourage illegal sideshows, street races, and exhibitions of speed within the City, by regulating the organizing or advertising of such activities. The following activities would be specifically prohibited:
• Knowingly organizing a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the City on a public street, highway, or in an offstreet parking facility.
• Advertising, within the City, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.
• Advertising online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.

The Ordinance targets a clear, limited population and gives proper notice to individuals as to which activities are lawful and which activities are unlawful. Advertising illegal activity is not constitutionally protected speech. The Ordinance includes proper exclusions to prevent interference with or inhibition of any lawful exercise of constitutionally protected rights of freedom of press and freedom of speech.

ATTACHMENTS
A. Ordinance
Ordinance No. XXXX-C-S Page 1 of 8 Adoption Date
ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH, CALIFORNIA, ADDING CHAPTER 4 TO TITLE 4 (PUBLIC SAFETY) OF THE

ANTIOCH MUNICIPAL CODE RELATING TO ORGANIZING OR ADVERTISING

STREET RACING, SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS

WHEREAS, motor vehicle speed contests and exhibitions of speed, more commonly referred to as “street races,” and common acts of reckless driving often occur during, or when preparations are being made for, such illegal street races. This includes pre-race events referred to as “sideshows” or motorcycle “stunting” in which groups of people block streets and sidewalks to form sideshow or stunt areas in conjunction with street races;
WHEREAS, street races, sideshows, and motorcycle stunting pose an immediate threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and inhibit private business owners from enjoying the use of their property within the City;
WHEREAS, groups of racers, sideshow participants, stunters, and spectators gather on the streets and in off-street parking facilities and, among other things, block traffic on the streets and sidewalks in order to form a racetrack, sideshow or stunt area, and otherwise encourage, aid, and abet the street racing process; WHEREAS, illegal street racers accelerate to high speeds, which increases the risk of harm to oncoming traffic, pedestrians, or other vehicles, and the racers drive quickly from street to street, race for several hours, and then move to different locations upon the arrival of law enforcement;
WHEREAS, these activities often result in an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical service;
WHEREAS,these illegal street racing activities pose an imminent risk to the health and safety of participants, spectators, and the general public; WHEREAS,pursuant to California Vehicle Code sections 23103, et seq., and 23109, et seq., motor vehicle speed contests, reckless driving, exhibitions of speed conducted on public streets and highways, and reckless driving conducted on public streets, highways, and off-street parking facilities, as well as aiding and abetting in some of these violations, are already illegal under California law; WHEREAS,the City’s streets have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years, despite law enforcement efforts to prevent and abate these illegal events through the enforcement of existing traffic laws;
Ordinance No. XXXX-C-S Page 2 of 8 Adoption Date
WHEREAS,illegal street racing, sideshows, and motorcycle stunting attract many spectators, and the presence of spectators at these events encourages street racing to continue and creates an environment in which illegal activities can flourish; WHEREAS, illegal street racing, sideshows, and motorcycle stunting can generate revenue for organizers and advertisers;
WHEREAS, advertising illegal activity is not constitutionally protected speech; and
WHEREAS, the City desires to discourage illegal sideshows, street races, and exhibitions of speed by criminalizing the organizing or advertising of such activities within the City.

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

Section 1. INCORPORATION OF RECITALS. The foregoing recitals are true, correct, and incorporated by reference as if set forth in full herein.

Section 2. PURPOSE. The purpose of this Ordinance is to discourage and prevent street racing, sideshows, reckless driving exhibitions, and related activities by prohibiting persons from organizing or advertising such events, and providing appropriate enforcement measures to protect the public and deter this criminal activity.

Section 3. ADDITION OF CHAPTER 4. Chapter 4 is hereby added to Title 4 (Public Safety) of the Antioch Municipal Code to read as follows:
“Chapter 4”
Street Racing, Sideshows, and Reckless Driving Exhibitions 4-4.101 Findings and Purpose
4-4.102 Definitions
4-4.103 Nonexclusive Remedy
4-4.104 Organizing or Advertising Sideshows, Street Races, and Reckless Driving Prohibited
4-4.105 Relevant Circumstances to Prove a Violation
4-4.106 Enforcement

4-4.101 Purpose and Incorporation of Recitals
(A) The streets within the City have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years despite law enforcement efforts to prevent and abate these illegal events through the enforcement of existing traffic laws. Illegal motor vehicle sideshows, speed contests and exhibitions of speed are fueled Ordinance No. XXXX-C-S Page 3 of 8 Adoption Date
by the activities of organizers and advertisers and create an environment in which these, as well as other, illegal activities can flourish. Often, such events generate profit for their organizers and advertisers. The intent and purpose of this Chapter is to discourage the organization and advertising of illegal vehicle sideshows, speed contests, and exhibitions of speed in the City. This Chapter targets a clear, limited population and gives proper notice to individuals as to which activities are lawful and which activities are unlawful. The dangers associated with spectating and participating in illegal sideshows, street races, and exhibitions of speed will be discouraged in part by discouraging organization and advertising of such events in the City.

(B) This Chapter is not intended to interfere with or inhibit any exercise of constitutionally protected rights of freedom of press and freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving offensive personal conduct. The City Council finds and declares that advertisements for illegal events such as street racing, motor vehicle sideshows, speed contests, and exhibitions of speed are not legally protected speech.
(C) This Chapter is intended to compliment state laws governing the regulation of speed contests, exhibitions of speed, and sideshows. This Chapter is not intended to preempt state laws governing the regulation of illegal motor vehicle sideshows, speed contests, and exhibitions of speed events.
4-4.102 Definitions

For purposes of this Chapter, unless a word’s context clearly requires otherwise, the following definitions apply:

A. “Advertise” means to promote, publish, announce, or declare the occurrence or fact of an event, for the purpose of either: (i) increasing attendance by participants or spectators at such event or future events of a substantially similar nature; or (ii) soliciting payment, funds, contributions, donations, entry fees, or other consideration. Advertising may be done in writing or orally, by sign, card, or notice, whether electronically or via physical media.

B. "Driver" means any person who drives a motor vehicle.

C. “Event” means an illegal motor vehicle speed contest, exhibition of speed, or sideshow, as those terms are defined in the California Vehicle Code.

D. "Exhibition of speed" means any unlawful motor vehicle exhibition of speed as defined by California Vehicle Code Section 23109(c), as may be amended, Ordinance No. XXXX-C-S Page 4 of 8 Adoption Date
whether or not the exhibition of speed is attended by persons other than the drivers performing such unlawful activity.

E. “Motor vehicle” means a vehicle as defined in California Vehicle Code Section 670, as may be amended.

F. “Motor vehicle speed contest” means any unlawful motor vehicle speed contest, as defined by California Vehicle Code Section 23109(a), as may be amended, whether or not the race is attended by persons other than the drivers racing the vehicles on City streets.

G. “Offstreet parking facility” has the same meaning as set forth in subdivision (c) of California Vehicle Code Section 12500, as may be amended, and includes any public or private parking facility open and accessible to members of the public.

H. “Person” includes any natural person and any legal person, including but not limited to a corporation, partnership, or limited liability company.

I. “Preparations for,” or “Organizing,” any sideshow, street race or reckless driving exhibition includes, but is not limited to, any of the following acts done for the purpose of a sideshow, street race or reckless driving exhibition:

1. One (1) or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility;

2. Two (2) or more persons have gathered on, or adjacent to, a public street or highway;

3. Two (2) or more persons have gathered in an offstreet parking facility;

4. One (1) or more persons have impeded the free use of a public street, highway, or offstreet parking facility by acts, words, or physical barriers;

5. One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;

6. One (1) or more drivers is revving a motor vehicle’s engine or causing the motor vehicle’s tires to spin; or

7. A person is standing or sitting in a location to act as a race starter.

J. “Reckless driving exhibition” means any exhibition of reckless driving as defined in Vehicle Code Section 23103, as may be amended.

Ordinance No. XXXX-C-S Page 5 of 8 Adoption Date
K. “Sideshow” means an event in which two or more persons block or impede traffic on a highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in subdivision (i)(2)(A) of the California Vehicle Code Section 23109, as may be amended.

L. “Street race” or “street racing” means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended.
4-4.103 Nonexclusive Remedy
This Chapter is not the exclusive regulation of nor penalty for participation in a motor vehicle speed contest, exhibition of speed, stunting, sideshow, reckless driving exhibition, or similar illegal activity. This Chapter supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. 4-4.104 Organizing or Advertising Street Races, Sideshows, and Reckless Driving Exhibitions Prohibited

A. It shall be unlawful for any person to knowingly organize a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the City on a public street, highway, or in an offstreet parking facility.

B. It shall be unlawful for any person to advertise, within the City, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.

C. It shall be unlawful for any person to advertise online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the City on a public street, highway, or in an offstreet parking facility.

D. Exceptions. This Section shall not apply in any of the following instances:

1. Where its application would result in an interference with or inhibition of any lawful exercise of constitutionally protected rights of freedom of press and freedom of speech. Speech promoting or encouraging imminent lawless conduct is not protected speech.

2. Nothing in this section prohibits law enforcement officers or their agents from sharing information about known or suspected events in which an illegal street race, sideshow, reckless driving exhibition, and/or exhibition of speed occurred, may occur, or may be occurring.

3. Geographic proximity to a street race, sideshow, reckless driving exhibition, or exhibition of speed alone is insufficient evidence to meet the criteria to be found guilty of organizing.

Ordinance No. XXXX-C-S Page 6 of 8 Adoption Date
4-4.105 Relevant Circumstances to Prove a Violation

A. Notwithstanding any other provision of law, factors to consider in determining if a violation of this Chapter has occurred may include, but are not limited to, any of the following:

1. The person charged has previously participated in, advertised, organized, promoted, or facilitated a street race, sideshow, exhibition of speed, or reckless driving exhibition;

2. The person charged has previously aided and abetted street racing, sideshows, exhibitions of speed, or reckless driving exhibitions;

3. To the fullest extent permissible by law, evidence of prior act(s) may be considered to show the plan, opportunity, intent, knowledge, identity, and/or propensity of the person charged to organize or advertise a street race, sideshow, or a reckless driving exhibition if the prior act(s) occurred within three (3) years of the presently charged offense.

B. In addition to the circumstances set out in subsection (A), above, and notwithstanding any other provision of law, to prove a violation of this Chapter, admissible evidence may also include, but is not limited to, any of the following:

1. The nature and description of the scene, including the number and configuration of traffic lanes;

2. The number of people at the scene;

3. The number and descriptions of motor vehicles at the scene.

C. For purposes of subsection (B), above, “Scene” refers to the location of a sideshow, street race, reckless driving exhibition, or exhibition of speed, or the location of preparations for such an event.
4-4.106 Enforcement

Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail, a fine of $1,000, or both, unless at the discretion of the district attorney or a court of competent jurisdiction, the violation is reduced to an infraction.

The City may seek compliance with this chapter by any remedy allowed under this Code and any other remedy allowed by law, including but not limited to the administrative citation procedures set forth in Antioch Municipal Code § 1-5. The amount of the administrative fine is $1,000 for each violation.” Section 4. CEQA COMPLIANCE.The City Council finds that the adoption and implementation of this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance No. XXXX-C-S Page 7 of 8 Adoption Date
Ordinance may have a significant effect on the environment, under CEQA Guidelines section 15064(e), which exempts purely economic regulations, and under Public Resources Code Section 21080(b)(4) regarding actions to mitigate or prevent an emergency.

Section 5. SEVERABILITY.If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 6. EFFECTIVE DATE.This Ordinance shall become effective thirty (30) days after its adoption by the City Council.

Section 7. CERTIFICATION.The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law.
* * * * * * *

Ordinance No. XXXX-C-S Page 8 of 8 Adoption Date
I HEREBY CERTIFYthat the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the 27th day of February 2024, and passed and adopted at a regular meeting thereof, held on the 12thday of March 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_________________________________
LAMAR A. HERNANDEZ-THORPE

MAYOR OF THE CITY OF ANTIOCH

ATTEST:

__________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

5 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 12, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Kevin Scudero, Acting Community Development Director SUBJECT: Planning Commission Appointment for one Full-Term vacancy, 4- year term, expiring October 2027

RECOMMENDED ACTION
1) It is recommended that the Mayor nominate the candidate for appointment. 2)
appointment of [name of appointee]to the Planning Commission for the Full-Term vacancy, 4-year term, expiring October 2027.

FISCAL IMPACT
There is no fiscal impact as these are voluntary positions.

DISCUSSION
The Planning Commission is a seven (7) member advisory body that makes recommendations to the City Council on the physical development of the City. The Commission reviews and makes recommendations on all provisions of the General Plan, land subdivisions, and zoning as specified by the Zoning Code and as set forth in the State Government Code and by the California Environmental Quality Act. The Planning Commission also has the authority to approve Use Permits, Variances and Design Review Applications. Planning Commissioners are appointed by the Mayor to four (4) year terms.

In general law cities where the office of the mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees, unless otherwise specifically provided by statute. Under Antioch Municipal Code §2-5.201, the Mayor shall nominate candidates for membership on all boards and commissions. Nominees shall be appointed to each board and commission upon receiving approval of at least a majority vote of the City Council. is one Full-Term vacancy, 4-year term, on the Planning Commission. Two applications were received and provided to Mayor Hernandez-Thorpe to interview.

Antioch City Council Report
March 12, 2024 Agenda Item #5 2
Mayor Hernandez-Thorpe is nominating Seth Webber Corcoran for the Full-Term vacancy, 4-year term, expiring October 2027.

The biography and background of the candidate will be presented at the City Council meeting.

ATTACHMENT
A. Resolution for one Full-Term vacancy, 4-year term, expiring October 2027 B. Application
RESOLUTION NO. 2024/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPOINTING[INSERT NAME OF APPOINTEE AFTER APPOINTMENT]TO THE

PLANNING COMMISSION FOR ONE FULL-TERM VACANCY, FOUR-YEAR TERM EXPIRING OCTOBER 2027
WHEREAS, there is currently one Full-Term vacancy, four-year term, on the Planning Commission;
WHEREAS, the City Clerk made announcement and accepted
applications for the vacancy;
WHEREAS, Mayor Lamar Hernandez-Thorpe considered applications received and interviewed each of the interested applicants;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires the Mayor to nominate candidates for membership on all boards and commissions and requires nominees to receive approval of at least a majority vote of the City Councilto be appointed to a board or commission; and
WHEREAS, Mayor Lamar Hernandez-Thorpe has nominated [insert name of appointee after appointment]to the Planning Commission, for the Full-Term vacancy, four-year term, expiring October 2027.

NOW THEREFORE BE IT RESOLVEDthat the City Council of the City of Antioch appointment[insert name of appointee after appointment] to serve on the Planning Commission, for the Full-Term Vacancy, four-year term, expiring October 2027.
* * * * * * * *
I HEREBY CERTIFYthat the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12th day of March 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT: ________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

ATTACHMENT A
A1

6 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of March 12, 2024

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS

SUBJECT: Dissolve the Human Rights and Racial Equity Ad Hoc Committee and Provide Direction to Staff on the Formation of a New Ad Hoc Committee or Standing Committee

RECOMMENDED ACTION
It is recommended that the City Council provide a status update from the Human Rights and Racial Equity Ad Hoc Committee and take the following actions:

1) Dissolve the Human Rights and Racial Equity Ad Hoc Committee; and 2) Provide direction to staff to:
a. Prepare a resolution for a new ad hoc committee focused on the development of human rights policies for the City; or
b. Prepare a resolution for a Human Rights and Racial Equity Standing Committee; or
c. Take no action.

FISCAL IMPACT
The recommended action has no direct fiscal impact on City finances.

DISCUSSION
The Human Rights and Racial Equity Ad Hoc Committee worked with the City Manager and the City Attorney to consider proposing an ordinance to form a Human Rights and Racial Equity Commission (the “Commission”), which would work to promote mutual respect, understanding and tolerance among all persons within the City.

After researching the City of Antioch’s municipal code in comparison with other cities municipal codes, the ad hoc committee realized that the City may benefit from exploring and proposing policies regarding human rights in an ordinance for adoption by the Antioch Municipal Code prior to creating a Human Rights and Racial Equity Commission.

Antioch City Council Report
March 12, 2024 Agenda Item #6 2
Our research demonstrates that some cities have policies spanning educational programs, discrimination in employment, housing, business establishments and city facilities and services. Policies may also extend to complaints, filing of disputes, proceedings, and enforcement (See Attachment A). These policies would provide a foundation for building a community where relationships among diverse people are valued by all, the voices of underrepresented groups are heard, discrimination is not tolerated, and residents can work together to resolve issues concerning discrimination and alienation.

If the City Council provides direction to staff to prepare a resolution forming a new ad hoc or standing committee, it could proactively engage in research, action planning, education, and community outreach to develop policies that protect the rights of all people to have an equal opportunity to live, work, and prosper within the City. Following the consideration of these policies, the new ad hoc or standing committee could make a presentation to the City Council seeking feedback on the potential adoption of human rights policies by the City.

ATTACHMENTS
A. Concord Municipal Code – Chapter 9.35 Human Rights

Antioch City CouncilMarch 12, 2024

Antioch City Council
March 12, 2024