Agenda — Antioch City Council, June 25, 2024

ANNOTATED AGENDA
Antioch City Council

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

Date: Tuesday, June 25, 2024
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 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- JUNE 25, 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.

6:15 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson, and Mayor Hernandez-Thorpe
[Council Member District 1 Torres-Walker – 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: Trent Allen, et al. v.

City of Antioch , United States District Court Northern District of California, Case No. 3:23-cv-01895-TSH.

No reportable action

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

No reportable action

6:16 P.M. MOTIONED TO ADJOURN TO CLOSED SESSION

ANTIOCH CITY COUNCIL -2- JUNE 25, 2024

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

PLEDGE OF ALLEGIANCE

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION

COUNCIL MEMBER BARBANICA REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE UP PUBLIC HEARING AGENDA ITEMS #10 AND #12 TO BE HEARD AFTER COUNCIL REGULAR AGENDA ITEM #5; APPROVED, 4/0

COUNCIL REGULAR AGENDA – Continued from June 11, 2024, Council Meeting

1. CITY COUNCIL REQUESTED DISCUSSION ITEM: DISCUSSION ON STREET

CAMERAS
Council consensus directing staff to bring item back for consideration Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

2. CITY COUNCIL REQUESTED DISCUSSION ITEM : POTENTIAL OF CREATION OF

DIVERSITY, EQUITY, INCLUSION, AND BELONGING (DEIB) OFFICER POSITION Item postponed to the next meeting on July 23, 2024
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

3. CITY COUNCIL REQUESTED DISCUSSION ITEM: POTENTIAL OF CREATION OF

HEALTH AND SAFETY ANALYST POSITION FOR THE HUMAN RESOURCES

DEPARTMENT
Item postponed to the next meeting on July 23, 2024
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

4. CITY COUNCIL REQUESTED DISCUSSION ITEM: DISCUSSION OF CALIFORNIA

BUSINESS ROUNDTABLE BALLOT MEASURE
No further action will be taken
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

5. CITY COUNCIL REQUESTED DISCUSSION ITEM: POTENTIAL DEVELOPMENT OF

POLICY ON USE OF NATIVE PLANTS SPECIES FOR NEW DEVELOPMENTS Council consensus directing staff to bring item back for consideration Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

ANTIOCH CITY COUNCIL -3- JUNE 25, 2024

PUBLIC HEARING / CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING

SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY

10. PUBLIC HEARING TO REVIEW THE FISCAL YEAR 2024 -25 ACTION PLAN FOR EXPENDING FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANTS (“CDBG”),

LOCAL HOUSING SUCCESSOR, PERMANENT LOCAL HOUSING ALLOCATION (“PLHA”) AND ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (“EECBG”) FUNDING AND AMENDING THE FISCAL YEAR 2024-25 BUDGET
Reso No. 2024/83 adopted amended to include the following language:
“and giving authority to sign the agreement to the Acting City Manager.” 4/0
Recommended Action: 1) It is recommended that t he City of Antioch as the Housing Successor to the Antioch Development Agency approve the funding recommendations of the Community Development
Block Grant (“CDBG”) Committee and adopt the resolution approving $4,050,000 in Housing Successor funding for
homeless services and development of affordable housing outlined in the Fiscal Year 2024 -25 Annual Action Plan and authorizing the necessary Fiscal Year 2024/25 budget
adjustments.

Reso No. 2024/84 adopted, 4/0
2) It is recommended that t he City Council approve the funding recommendations of the Community Development Block Grant (“CDBG”) Committee and adopt the resolution approving the substantial amendments to the Fiscal Year 2023 -24 Action Plan Downtown Roadway Project to reallocate $395,436.34 and the Fiscal Year 2021 -22 Action Plan to reallocate
$215,549.85 of remaining funds in the Downtown Roadway Project for a total of $610,896.19 to be utilized for the development of affordable supportive housing for extremely low-income and homeless households and authorizing the
necessary Fiscal Year 2024/25 budget adjustments.

Reso No. 2024/85 adopted, 4/0
3) It is recommended that the City Council approve the funding recommendations of the Community Development Block Grant (“CDBG”) Committee and adopt the resolution approving the Fiscal Year 2024 -25 City of Antioch Action Plan which
encompasses CDBG Entitlement funds, prior year reallocated funds, use of CDBG Corona Virus (“CDBG-CV”) funds, PLHA, EECBG and Housing Successor fu nds totaling $6,454,180 to address identified high priority needs of lower income residents of the City of Antioch and authorizing the necessary Fiscal Year 2024/25 budget adjustments.

ANTIOCH CITY COUNCIL -4- JUNE 25, 2024

PUBLIC HEARING / CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY – Continued

12. INTRODUCE THE ORDINANCE ADDING CHAPTER 4 TO TITLE 4 (PUBLIC SAFETY) OF THE ANTIOCH MUNICIPAL CODE RELATING TO:

(1) ORGANIZING, ADVERTISING, AND BEING A SPECTATOR AT STREET

RACING, SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS OR

(2) ORGANIZING AND ADVERTISING STREET RACING, SIDESHOWS, AND

RECKLESS DRIVING EXHIBITIONS

Recommended Action: It is recommended that the City Council introduce, waive the first reading, and read by title only, the proposed ordinance:

Council motioned to Introduce proposed ordinance #1,
To July 23, 2024, for Adoption, 4/0
1) Adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibits organizing, advertising, and being a spectator at street racing, sideshows, and reckless driving exhibitions (Attachment A to the Staff Report).

2) Adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibits organizing and advertising street racing, sideshows, and reckless driving exhibitions (Attachment B to the Staff Report).

9:14 P.M. RECESS TAKEN
9:21 P.M. RECONVENED, ROLL CALL – Council Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson, and Mayor Hernandez-Thorpe [Council Member District 1 Torres-Walker – Absent]

6. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

➢ ANTIOCH RECREATION CENTER – SPECIAL EVENTS

▪ 4th of July Celebration Parade and Fireworks

- Antioch Rivertown – July 4, 2024

▪ Summer Outdoor Movie Nights

- Prewett Family Park, 4701 Lone Tree Way, Antioch – July 11, 18, and 25, 2024

ANTIOCH CITY COUNCIL -5- JUNE 25, 2024

7. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

➢ CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD
➢ ECONOMIC DEVELOPMENT COMMISSION

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

8. PRESENTATION – Delta Adapts: Climate Adaptation Plan for the Sacramento–San Joaquin Delta, presented by the Delta Stewardship Council
Morgan Chow, Environmental Program Manager
Annie Merritt, Environmental Scientist

9. CONSENT CALENDAR

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 28, 2024 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

B. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 11, 2024 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.

C. APPROVAL OF COUNCIL WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.

D. APPROVAL OF TREASURER’S REPORT FOR MARCH 2024
Received and filed, 4/0
Recommended Action: It is recommended that the City Council receive and file the March 2024 Treasurer’s Report.

ANTIOCH CITY COUNCIL -6- JUNE 25, 2024

CONSENT CALENDAR – Continued

E. APPROVAL OF TREASURER’S REPORT FOR APRIL 2024
Received and filed, 4/0
Recommended Action: It is recommended that the City Council receive and file the April 2024 Treasurer’s Report.

F. STATEMENT OF INVESTMENT POLICY
Reso No. 2024/86 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the Statement of Investment Policy.

G. REJECTION OF CLAIMS: AARON WASHINGTON, DMITRIY SHORNIKOV AND JUSTINE BOBO
Rejected, 4/0
Recommended Action: It is recommended that the City Council reject the claims submitted by Aaron Washington, Dmitriy Shornikov and Justine Bobo.

H. RESOLUTION REQUESTING AND CONSENTING TO THE CONSOLIDATION OF

ELECTIONS AND SETTING SPECIFICATIONS OF THE ELECTION ORDER FOR THE NOVEMBER 5, 2024, STATEWIDE GENERAL MUNICIPAL ELECTION FOR ELECTED OFFICIALS – MAYOR, COUNCIL MEMBERS DISTRICT 2 AND DISTRICT 3, CITY CLERK

AND CITY TREASURER
Reso No. 2024/87 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt the resolution:

1) Requesting and consent ing to consolidation of elections with the Contra Costa County Elections Division,

2) Limiting the Candidate Statement word count to 250 words,

3) Clarifying filing costs for the November 5, 2024, General Municipal Election; and

4) Amending the Fiscal Year 2024/25 General Fund budget for the cost of the election.

I. AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT WITH CHECK PROCESSORS INC. FOR LOCKBOX SERVICES
Reso No. 2024/88 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving an amendment to the agreement with Check
Processors Inc. for lockbox services.

ANTIOCH CITY COUNCIL -7- JUNE 25, 2024

CONSENT CALENDAR – Continued

J. SECOND AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH CRUSADER

FENCE COMPANY FOR THE ANTIOCH WATER PARK PERIMETER FENCE REPAIR (P.W. 567-11)
Reso No. 2024/89 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the second amendment to the construction agreement with Crusader Fence Company for the Antioch Water Park
Perimeter Fence Repair Project in the amount of $102,804, for a total contract amount of $345,090.

K. AWARD OF AN AGREEMENT TO A&A PAVING CO., INC. FOR THE ASPHALT OVERLAY

OF DEERFIELD CORRIDOR, LARKSPUR, LEXINGTON, AND ALMONDRIDGE TRAILS Reso No. 2024/90 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Awarding an agreement to the lowest, responsive, and responsible bidder, A&A Paving Co., Inc. for the Asphalt Overlay of Deerfield Corridor, Larkspur, Lexington, and Almondridge Trails beginning June 25, 2024, through
September 23, 2024 for a total amount not to exceed $193,370; and

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

L. APPROVAL OF A PURCHASE ORDER WITH BADGER METER, INC. FOR WATER

METERS AND REPAIR PARTS
Reso No. 2024/91 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving a purchase order in the amount of $500,000 with Badger Meter, Inc. for the purchase of water meters and repair parts; and

2) Authorizing the Acting City Manager to execute the purchase order.

ANTIOCH CITY COUNCIL -8- JUNE 25, 2024

CONSENT CALENDAR – Continued

M. RESOLUTION APPROVING THE NOTICE OF RELEASE OF AGREEMENT REGARDING

DEFERRED DEVELOPMENT IMPACT FEES AND AUTHORIZING THE ACTING CITY

MANAGER OR DESIGNEE TO EXECUTE AND FILE SAID NOTICE OF RELEASE FOR THE AMCAL FAMILY/SENIOR APARTMENTS PROJECT (P.W. 371-RA-57) Reso No. 2024/92 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the Notice of Release of Agreement Regarding
Deferred Development Impact Fees and authorizing the Acting City Manager or designee to sign and file said notice of release for the AMCAL Family/Senior Apartments Project located at 3560 East 18th Street, Antioch, California (APN 051-200-074).

N. RESOLUTION ACCEPTING COMPLETED IMPROVEMENTS, AUTHORIZING FILING

NOTICE OF COMPLETION AND AUTHORIZING RELEASE OF BONDS FOR PARK RIDGE UNITS 6 AND 7 SUBDIVISION, TRACT NO. 9563 & 9564, DAVIDON HOMES (P.W. 674-6 & 674-7)
Reso No. 2024/93 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Accepting the completed improvements;

2) Authorizing the Acting City Manager or designee to file a notice of completion; and

3) Authorizing the release of bonds for Park Ridge Units 6 and 7 Subdivision, Tract No. 9563 & 9564, Davidon Homes (P.W. 674-6 & 674-7).

O. CONTRACT EXTENSION FOR THE CALIFORNIA VIOLENCE INTERVENTION & PREVENTION ( “CALVIP”) PROGRAM OUTREACH, PROGRAM DESIGN AND IMPLEMENTATION WITH ONE DAY AT A TIME ( “ODAT”) WITH FISCAL SPONSOR

COMMUNITY INITIATIVES
Reso No. 2024/94 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving the First Amendment to the Agreement with One Day At A Time to extend grant program support and replication of evidence-based violence reduction initiatives and programs that interrupt cycles of violence through June 30, 2025; and

2) Authorizing the Acting City Manager to execute the First Amendment to the Agreement.

ANTIOCH CITY COUNCIL -9- JUNE 25, 2024

CONSENT CALENDAR – Continued

P. AGREEMENT WITH MOTOROLA SOLUTIONS FOR THE SOLE-SOURCE PURCHASE

OF HANDHELD TWO-WAY RADIOS FOR EMERGENCY COMMUNICATIONS AND THE

APPROVAL OF A SUBSCRIBER SERVICES AGREEMENT FOR RELATED WIRELESS RADIO SERVICES FOR A TOTAL NOT TO EXCEED $995,229.18
Reso No. 2024/95 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to purchase 78 Motorola APX Next portable radios with five -year subscriber services agreements, in a form approved by the City Attorney, for the Antioch Police Department and Code Enforcement Division personnel for a total not to exceed $995,229.18.

PUBLIC HEARING / CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY – Continued

[ITEM #10 MOVED UP IN THE AGENDA]

11. RESOLUTION APPROVING AND ADOPTING THE PROPOSED FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM 2024-2029 (P.W. 150-24)
Reso No. 2024/96 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:

1) Approving and adopting the Five -Year Capital Improvement Program 2024-2029; and

2) Authorizing the Acting City Manager or his designee to carry over and re -appropriate all remaining Fiscal Year 2023/24 Capital Improvement Program budgets to the Fiscal Year
2024/25 Operating Budget.

[ITEM #12 MOVED UP IN THE AGENDA]

ANTIOCH CITY COUNCIL -10- JUNE 25, 2024

COUNCIL REGULAR AGENDA

13. CITY COUNCIL REQUESTED DISCUSSION ITEM: DISCUSSION REGARDING

CLOSURE OF THE ANTIOCH AMTRAK STATION
Council consensus directing staff to bring back a resolution in support of keeping the Amtrak Station open
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

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 10:27 p.m., 4/0

Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of June , 2024
Honorable Mayor and Members of the City Council
SUBMITTED BY:Kwame P. Reed, Acting City Manager
SUBJECT: City Council Requested Discussion Item - Discussion on Street Cameras

RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.

FISCAL IMPACT
The recommended action has no fiscal impact at this time.

DISCUSSION
This item is for Councilmember Ogorchockrequest
to hold a discussion on street cameras.

ATTACHMENTS
None

Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of June , 2024
Honorable Mayor and Members of the City Council
SUBMITTED BY:Kwame P. Reed, Acting City Manager
SUBJECT: City Council Requested Discussion ItemPotential of Creation of Diversity, Equity, Inclusion, and Belonging (DEIB) Officer Position

RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.

FISCAL IMPACT
The recommended action has no fiscal impact at this time.

DISCUSSION
This item is for Councilmember Torres-Walkerrequest
to consider the potential creation of a Diversity, Equity, Inclusion, and Belonging (DEIB) - Officer position.

ATTACHMENTS
None

Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of June , 2024
Honorable Mayor and Members of the City Council
SUBMITTED BY:Kwame P. Reed, Acting City Manager
SUBJECT: City Council Requested Discussion ItemPotential of Creation of Health and Safety Analyst Position for the Human Resources Department

RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.

FISCAL IMPACT
The recommended action has no fiscal impact at this time.

DISCUSSION
This item is for Councilmember Torres-Walkerrequest
to consider the potential creation of a Health and Safety Analyst position for the Human Resources Department.

ATTACHMENTS
None

Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of June , 2024
Honorable Mayor and Members of the City Council
SUBMITTED BY:Kwame P. Reed, Acting City Manager
SUBJECT: City Council Requested Discussion ItemDiscussion of California Business Roundtable Ballot Measure

RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.

FISCAL IMPACT
The recommended action has no fiscal impact at this time.

DISCUSSION
This item is for Councilmember Ogorchockrequest to
hold a discussion on the California Business Roundtable ballot measure.

ATTACHMENTS
None

Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE:

TO:

Regular Meeting of June , 2024
Honorable Mayor and Members of the City Council
SUBMITTED BY:Kwame P. Reed, Acting City Manager
SUBJECT: City Council Requested Discussion ItemPotential Development of Policy on use of Native Plant Species for New Developments

RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.

FISCAL IMPACT
The recommended action has no fiscal impact at this time.

DISCUSSION
This item is for Councilmember Ogorchockrequest to
consider the potential development of a policy on the use of native plant species for new developments.

ATTACHMENTS
None

BOARD / COMMISSION / COMMITTEE

VACANCY ANNOUNCEMENTS
Phone: (925) 779-7009 OFFICE OF THE CITY CLERK200 H Street/P.O. Box 5007 [email protected] Antioch, CA. 94531-5007
https://bit.ly/COA-BC23 AntiochIsOpportunity.com
The City of Antioch urges residents to become involved in their local community! One way to do so is to serve on the various Boards, Commissions, and Committees. Any interested resident is encouraged to apply for the vacancies by 5:00 p.m. on the deadline below.

EXTENDED DEADLINE DATE: FRIDAY, JU , 2024:

ECONOMIC DEVELOPMENT COMMISSION
o Two (2) vacancies, expiring June 2025
o Three (3) vacancies, expiring June 2027
o One (1) Chamber of Commerce vacancy, expiring June 2027 EXTENDED DEADLINE DATE: FRIDAY, JUNE 28, 2024:

CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD
o One (1) vacancy, expiring April 2026
To be considered for the vacancy position(s)
listed above, please fill out an application
available on the City’s website at
https://bit.ly/COA-BC23. Printed applications
are also available at Antioch City Hall, 200 H
Street, Antioch, CA.

Please return the completed application by the
deadline date listed above, by email to:
[email protected]. You can also drop off
the application (Attn: City Clerk), in the water
billing drop-off box outside Antioch City Hall.

Your interest and desire to serve our community can make a difference.

ECONOMIC DEVELOPMENT COMMISSION
Two (2) Vacancies, expiring June 2025
Three (3) Vacancies, expiring June 2027
One (1) Chamber of Commerce Vacancy, expiring June 2027 Deadline Date: By 5:00 p.m., Ju , 2024
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.

Purpose:

Economic Development Commission serves in an advisory capacity to the City Council in matters pertaining to economic development issues within the City and makes recommendations to the City Council and staff regarding policies, regulations, marketing, development strategies and planning activities designed to enhance the City’s economic base and create quality jobs.

Committee Seats:

Seven (7) Members, 4-year terms.
o At least five (5) members shall be Antioch residents/electors. Non-resident members shall own or operate a business in the City of Antioch.
o Members with backgrounds in commercial real estate, marketing or investment banking are strongly preferred.
o Antioch Chamber of Commerce shall recommend one member.

Meetings:

Regular meetings are held at 6:00 p.m. in the Council Chambers, 200 H Street, Antioch CA.

First Tuesday in February, April, June, October, and December.

Third Tuesday in July.

First Tuesday on an as-needed basis only, in March, May, and November.

No Meetings are held during January or August
Additional Requirements:

Commissioners are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.

Commissioners are required to complete a 2-hour online AB1234 Ethics training course within one year of their appointment.

Newly appointed and reappointed members are required to take an Oath of Office administered by the City Clerk.

To be considered for these volunteer position(s), a completed application must be emailed to:
[email protected], or mailed/delivered to the Office of the City Clerk, by the deadline date listed above. Applications are available on the City’s website at: https://bit.ly/COA-BC23, and at the City Clerk’s Office.

CONTRA COSTA COUNTY MOSQUITO &

VECTOR CONTROL BOARD OF TRUSTEES
One (1) Vacancy, expiring April 2026
Extended Deadline Date: By 5:00 p.m.,, 2024
The City of Antioch encourages residents to become involved in their local community.

One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.

Purpose:

The Board of Trustees are officials appointed by their respective city councils to govern the Mosquito and Vector Control District knowledgeably and effectively. They serve without compensation for a term of two to four years and are highly dedicated to this community service.

Additional information regarding the responsibilities and duties are available online at www.contracostamosquito.com.

Qualifications:

To be eligible, you must be an Antioch resident and a Contra Costa County taxpayer who is at least 18 years old and interested in any of the following areas: public health, public policy, wetlands, farming, community education, finance, personnel, or land development.

Meetings:

Board meets on the second Monday of every other the month starting January at 7:00 p.m., and occasionally, it may be necessary to hold a special Board meeting.

Location:

Meetings are to be held at the District Office address, located at 155 Mason Circle, Concord If you are interested in pursuing volunteer positions with the City of Antioch, please complete an application and submit it via email to [email protected], or mail/deliver it to the Office of the City Clerk, by the deadline date mentioned above.

Applications must include your responses to the Questionnaire to be considered.

Applications are available on the City’s website at:
https://bit.ly/COA-BC23, and at the City Clerk’s Office.

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

Special/Regular Meeting May 28, 2024
5:00 P.M. Council Chambers

5:00 P.M. SPECIAL MEETING/STUDY SESSION

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

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

PLEDGE OF ALLEGIANCE

Mayor Hernandez-Thorpe led the Pledge of Allegiance.

STUDY SESSION

SM-1. PRESENTATION OF THE DRAFT 5-YEAR CAPITAL IMPROVEMENT PROGRAM 2024-2029 (P.W. 150-24)

Acting Director of Public Works/City Engineer Buenting acknowledged his staff for assisting in the program and presented the staff report dated May 28, 2024, recommending the City Council review and provide feedback to staff regarding the draft 5-Year Capital Improvement Program (CIP) 2024-2029.

Councilmember Wilson requested staff consider adding a signal for the trail crossing over Bluerock Drive.

Councilmember Ogorchock requested staff prioritize sidewalk and gutters as well as the remaining sewer and water hookups in the northeast annexation area. She also requested the CDBG Standing Committee consider recommending funding for these improvements.

Councilmember Barbanica thanked staff for the crosswalks on James Donlon Blvd and for their hard work in putting together the CIP.

MOTION TO ADJOURN SPECIAL MEETING/STUDY SESSION

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council adjourned the Special meeting at 5:29 P.M.

6:00 P.M. - CLOSED SESSION
A
06-25-24

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 2 of 11

Mayor Hernandez-Thorpe called the Closed Session to order at 6:01 P.M., and Assistant City Attorney/Acting City Clerk Brace called the roll.

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

PLEDGE OF ALLEGIANCE

Mayor Hernandez-Thorpe led the Pledge of Allegiance.

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: Felecia Sonnier v. City of Antioch, Superior Court of California Contra Costa County (Case No. C21-01165).

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

3. PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to California Government Code section 54957(b)(1).

PUBLIC COMMENTS

An unidentified speaker spoke to Closed Session Item #2 encouraging the City to work with the

ADJOURN TO CLOSED SESSION

Mayor Hernandez-Thorpe adjourned to Closed Session at 6:05 P.M.

7:00 P.M. REGULAR MEETING

Mayor Hernandez-Thorpe called the meeting to order at 7:15 P.M., and City Clerk Householder called the roll.

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

MOMENT OF SILENCE IN MEMORY OF WILLIE MIMS

Mayor Hernandez-Thorpe led a moment of silence in memory of Willie Mims.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 3 of 11

PLEDGE OF ALLEGIANCE

Mayor Hernandez-Thorpe led the Pledge of Allegiance.

With consensus of Council, Councilmember Torres-Walker displayed the Palestinian flag on the dais.

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, City Council approved a settlement in the amount of $225,000 by a 5-0 vote, #2 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, direction given to City Attorney; and, #3 PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER, no reportable action.

COUNCIL REGULAR AGENDA Continued from May 14, 2024, Council Meeting

1. CITY COUNCIL REQUESTED DISCUSSION ITEM DISCUSSION ON A FUTURE

PRESENTATION FROM THE ANTIOCH POLICE DEPARTMENT ON THE TOOLS AND

EQUIPMENT UTILIZED BY THE DEPARTMENT

Council directed the Antioch Police Department (APD) to bring back a presentation on the tools and equipment utilized by the department.

2. CITY COUNCIL REQUESTED DISCUSSION ITEM DISCUSSION ON THE

CREATION OF A CITY COMMISSION FOR SENIORS/MATURE ADULTS

Councilmember Ogorchock will bring back ad hoc committee information from the City of Brentwood for discussion.

3. FUTURE PLANS FOR THE ANTIOCH POLICE CRIME PREVENTION COMMISSION

City Attorney Smith presented the staff report dated May 28, 2024, recommending the City Council direct staff to take one of the following actions: 1) Initiate the candidate application process to fill the vacancies on the Police Crime Prevention Commission; 2) Prepare an ordinance to dissolve the Police Crime Prevention Commission; 3) Prepare a resolution for an ad hoc committee to propose the future mission and purpose of the Antioch Police Crime Prevention Commission or 4) Take no action.

Harry Thurston, Antioch resident, spoke in support of a resolution to establish an ad hoc committee to propose the future mission and purpose of the Antioch Police Crime Prevention Commission.

Leslie May spoke in support of dissolving the Antioch Police Crime Prevention Commission.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 4 of 11

Rachel Mendoza expressed concern for quality of life and safety issues negatively impacting their senior community.

Mayor Hernandez-Thorpe stated he would follow up with this speaker regarding her concerns.

Following discussion, Council consensus directed staff to prepare a resolution for the formation of an ad hoc committee to propose the future mission and purpose of a Public Safety and Community Resource Commission.

4. INTRODUCTION OF NEW CITY EMPLOYEES

Acting Director of Public Works/City Engineer Buenting introduced Brian Valadez, Street Maintenance Worker I (not in attendance) and Toby Beach, Collection Systems Superintendent who stated he was grateful for the opportunity to work in Antioch.

Interim Police Chief Addington recognized Field Training Officers Downey and London, and introduced David Church, Trayjen Jones, Alejandro Loroño, and Placido Serna III, Police Officers who stated they were honored to serve the community.

Kathryn Wade, Sara B., Nicole and several unidentified speakers welcomed the employees and encouraged the new police officers to remain professional.

An unidentified speaker spoke in support of creating an incentive program for other City positions.

Councilmember Torres-Walker welcomed the new city employees and spoke about the responsibilities of Field Training Officers. She announced the badge numbers of the new police officers.

Debra Vinson welcomed the new police officers and encouraged anyone experiencing a mental health crisis to call 988. She thanked Interim Police Chief Addington and acknowledged police officers who responded to her calls for service.

5. PROCLAMATION

Recognizing June 2024 as Pride Month in the City of Antioch

A motion was made by Councilmember Ogorchock and seconded by Councilmember Wilson, to approve the proclamation.

Mary Lutz commented that the City needed to update the Pride flag and suggested including a Trans flag.

Mayor Hernandez-Thorpe flag policy required organizations to provide their flags to be flown at City Hall.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 5 of 11

A vote taken on the previous motion to approve the proclamation unanimously passed.

Mary Lutz accepted the Recognizing June 2024 as Pride Month in the City of Antioch proclamation.

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Director of Public Safety and Community Resources Johnson introduced Amadeus Castillo, Antioch Council of Teens (ACT) announced the following civic and community events:

ACT meetings - 4:30 P.M. 6:00 P.M. every second and fourth Wednesday Teen Block Party 6:00 P.M. 9:00 P.M. on June 14, 2024, at Waldie Plaza Fame Junior Performance 7:00 P.M. on June 7, 2024, and 2:00 P.M. and 7:00 P.M. on June 8, 2024

Leslie May announced Reimagine Antioch and Safe Return Project, were hosting a Community Healing Session from 1:00 P.M. 6:00 P.M. on June 1, 2024, at 1358 Sunset Drive, Antioch.

Dr. Wright announced a Founders Dinner/Scholarship Fundraiser would be held on June 29, 2024.

Mayor Hernandez-Thorpe announced that he would be hosting an Antioch Salutes event to recognize graduates joining Armed Forces at 12:00 P.M. on June 8, 2024, at Waldie Plaza.

6. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

City Clerk Householder announced the following Board and Commission openings.

Contra Costa Mosquito & Vector Control Board
Economic Development Commission

PUBLIC COMMENTS

Rosalba Zendejas expressed concern regarding the results of her sons internal investigation.

Philip J. Weber encouraged the City to schedule a community bicycle riding event.

Bruce Ohlsen, Mister Bicycle / Delta Pedalers Bicycle Club, discussed the pedestrian and bicycle improvements

Leslie May and Kathryn Wade expressed concern regarding a recent news article related to the Pittsburg Police Department.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 6 of 11

Lemuel del Castillo, Parks and Recreation Commission, encouraged the City Council to address safe bicycle and pedestrian infrastructure in Antioch.

Kerry Hillis, BART Government and Community Relations Representative, provided their future construction schedule.

Krystle Law spoke regarding the need for unhoused resident services in Antioch.

Nicole Arrington expressed concern regarding the removal of the Amtrak station in Antioch. She also expressed concern regarding a recent news article related to the Pittsburg Police Department.

Erika Raulston commended Antioch Police Department for their response to her call for service.

She expressed concern regarding public safety related to the traffic division and lack of lighting in the community.

An unidentified speaker discussed the need for traffic calming measures in his neighborhood off Deer Valley Road.

Sara B. expressed concern regarding the lack of access to a water fountain and bathrooms at City Park. She spoke in support of keeping the Amtrak Station in Antioch and Palestine. She questioned what services were available for community members impacted by crime.

Devin W. led a moment of silence in memory of a community member and discussed the need for resources for the unhoused who were being displaced during encampment cleanups.

An unidentified speaker discussed services for the unhoused and the potential use of ARPA funds for projects to address their needs.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

Councilmember Torres-Walker discussed a recent encampment cleanup and expressed concern that Sargeant Green had been pulled off traffic enforcement to oversee this event. She also expressed concern for the lack of a coordinated response from the CORE team, Crisis Response Team and the Unhoused Resident Coordinator. She thanked Sargeant Green for his compassionate response. She recognized the loss of an unhoused resident in Antioch. She spoke to a recent news article regarding the Pittsburg Police Department and encouraged the community to allow Antioch to continue to rebuild.

Councilmember Barbanica reported the CDBG Standing Committee would be meeting on June 5, 2024, and they would be considering funding for two housing projects for the unhoused. He commented that Council wanted a strong Police Department and workforce serving the community. He encouraged everyone to know the facts prior to making conclusions when referencing lawsuits involving city officials and voiced his support for Interim Police Chief Addington.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 7 of 11

Councilmember Wilson reported on her attendance at the Tri Delta Transit meetings.

Mayor Hernandez-Thorpe thanked everyone for their comments and stated he was proud of the recent cohorts of academy graduates. He reported on a community meeting he attended and his trip to China on behalf of the City. He stated he was proud to represent a great City.

An unidentified speaker expressed concern regarding the lack of resources for the unhoused.

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 14, 2024

B. APPROVAL OF COUNCIL SPECIAL MEETING/CLOSED SESSION MINUTES FOR MAY 15, 2024

C. APPROVAL OF COUNCIL WARRANTS

D. APPROVAL OF HOUSING SUCCESSOR WARRANTS

E. RESOLUTION NO. 2024/65 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2024-25 FISCAL YEAR

F. RESOLUTION NO. 2024/66 ARCTIC WOLF NETWORK AGREEMENT FOR

CYBERSECURITY SERVICES

G. RESOLUTION NO. 2024/67 AGREEMENT SUPPLEMENT NO. 3 WITH CONTRA

COSTA COUNTY FOR LIBRARY MAINTENANCE AND SERVICE FOR FISCAL YEAR 2024/25 IN THE AMOUNT OF $180,259

H. RESOLUTION NO. 2024/68 AWARD OF A MULTI-YEAR MAINTENANCE SERVICE

MAINTENANCE SERVICES

I. RESOLUTION NO. 2024/69 AWARD OF A MULTI-YEAR MAINTENANCE SERVICES AGREEMENT WITH ALTA FENCE CO. FOR FENCING PARTS & INSTALLATION

SERVICES

J. RESOLUTION NO. 2024/70 DISPLAY OF THE PRIDE PROGRESS FLAG AT CITY HALL

K. RESOLUTION NO. 2024/71 ANNUAL WATER TREATMENT CHEMICAL

PURCHASES

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 8 of 11

L. RESOLUTION NO. 2024/72 ACCEPTANCE OF A GRANT DEED TO THE CITY OF 7 SUBDIVISION (TRACT # 5547)

M. RESOLUTION NO. 2024/73

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)

N. RESOLUTION NO. 2024/74 AWARD OF A MULTI-YEAR SUPPLY PURCHASE AGREEMENT WITH AMAYA SOLUTIONS INC. FOR THE SUPPLY AND DELIVERY

OF ANTI-SCALANT MEGAFLUX FOR WATER TREATMENT

O. RESOLUTION NO. 2024/75 ACCEPTANCE OF FUNDING AWARD FROM #CALIFORNIANSFORALL YOUTH JOB CORPS

P. RESOLUTION NO. 2024/76 APPROVAL OF AWARDS FOR THE 2024-2025 YOUTH

SERVICES NETWORK GRANTS

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

Item G In response to Councilmember Torres-Walker, Acting City Manager Helfenberger explained this item was an ongoing agreement between the City and the library.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously approved Item G.

Item I In response to Councilmember Torres-Walker, Acting Director of Public Works/City Engineer Buenting explained that this was a new contract and Alta Fence was the only company that had responded to the RFP.

An unidentified speaker referencing a previous contract extension questioned what justified an emergency order.

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

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

Item J Councilmember Torres-Walker suggested the City consider hosting a Pride Celebration.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 9 of 11

On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson, the City Council unanimously approved Item J.

Item O Director of Public Safety and Community Resources Johnson presented the staff report dated May 28, 2024.

Mayor Hernandez-Thorpe requested that future efforts such as these be communicated to Council.

An unidentified speaker questioned who was responsible for giving direction with regards to grant priorities for the Public Safety and Community Resources Department.

Councilmember Torres-Walker requested staff provide Council with data and outcomes for the Apprenticeship Program.

On motion by Councilmember Torres-Walker, seconded by Councilmember Ogorchock, the City Council unanimously approved Item O.

Item P In response to Councilmember Torres-Walker, Director of Public Safety and Community Resources Johnson provided an overview of their outreach efforts, application process, and the organizations chosen to receive funding.

Councilmember Torres-Walker requested staff provide Council with data and outcomes for the programs that were renewed.

An unidentified speaker requested applications and the data for renewed programs be included in future staff reports.

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

Katherine Ingalls, Antioch Unified School District.

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously approved Item P.

PUBLIC HEARING

8. PROPOSED UPDATES TO THE MASTER FEE SCHEDULE EFFECTIVE JULY 1, 2024

Finance Director Merchant presented the staff report dated May 28, 2024, recommending the City Council adopt a resolution updating and approving the Master Fee Schedule effective July 1, 2024.

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

RESOLUTION NO. 2024/77

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 10 of 11

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously adopted the resolution updating and approving the Master Fee Schedule effective July 1, 2024.

City Clerk Householder announced that Councilmember Torres-Walker had left the meeting at 9:53 P.M.

COUNCIL REGULAR AGENDA

9. CITY COUNCIL REQUESTED DISCUSSION ITEM: CONSIDERATION OF OPTIONS

FOR A BAN OR MORATORIUM ON NEW GAS STATIONS AND THE EXPANSION OF

FUEL DISPENSERS AT EXISTING GAS STATIONS

City Attorney Smith presented the staff report dated May 28, 2024, recommending the City Council provide direction to staff to initiate the policy process to prepare a: 1) ban or temporary moratorium on the development of new gas stations and 2) ban or temporary moratorium on the expansion of fossil fuel dispensers (pumps) at existing gas stations.

O.G. Strogatz 350 Contra Costa, Devin W., Lou Flores, 350 Contra Costa Action, and several unidentified speakers spoke in support of a ban on the development of new gas stations and the expansion of fossil fuel dispensers at existing gas stations.

Public comments submitted in writing were entered into the record from the following individuals:

Kristel Rietesel, Kensington (Contra Costa County) Admin / Bay Area Clean Air Coalition. Woody Hastings, Co-coordinator / Coalition Opposing New Gas Stations, Shoshana Wechsler, Co- Coordinator / Sunflower Alliance, Alvaro Ramos and David Pedersen, British Columbia, Canada.

Councilmember Wilson and Mayor Hernandez-Thorpe spoke in support of a ban on new gas stations and expansion of fossil fuel dispensers.

Councilmembers Barbanica and Ogorchock spoke in opposition of a ban on new gas stations and expansion of fossil fuel dispensers.

With no consensus of Council, no action was taken on this item.

10. FUTURE PLANS FOR THE POLICE OVERSIGHT STANDING COMMITTEE

City Attorney Smith presented the staff report dated May 28, 2024, recommending the City Council dissolve the Police Oversight Standing Committee.

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously dissolved the Police Oversight Standing Committee.

PUBLIC COMMENT

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Special/Regular Meeting
May 28, 2024 Page 11 of 11

Frank Sterling encouraged the City Council to agendized a resolution in support of a ceasefire in Gaza and divestment from the businesses.

STAFF COMMUNICATIONS None

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

Councilmember Barbanica reiterated a previous request for staff to agendize an amendment to the smoke shop ordinance to address owners who wanted to will or sell their properties.

Acting Director of Community Development Scudero responded that staff was working on drafting that ordinance amendment, and it would be coming back to Council soon.

Councilmember Wilson questioned when the City would update their climate and sustainability action plan. She also spoke in support of the city holding a bicycling community event.

Acting Director of Community Development Scudero responded that the climate and sustainability plan was a standalone plan and staff was currently working on an update. He noted it would be tied into the General Plan.

ADJOURNMENT

On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously adjourned the meeting at 10:21 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

CITY COUNCIL MEETING

INCLUDING THE ANTIOCH CITY COUNCIL

ACTING AS HOUSING SUCCESSOR

TO THE ANTIOCH DEVELOPMENT AGENCY

Regular Meeting June 11, 2024
7:00 P.M. Council Chambers

6:00 P.M. - CLOSED SESSION

Mayor Hernandez-Thorpe called the Closed Session to order at 6:00 P.M., and Acting City Clerk Rosales called the roll.

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

PLEDGE OF ALLEGIANCE

Mayor Hernandez-Thorpe led the Pledge of Allegiance.

1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Government Code section 54956.9: William Butcher v. City of Antioch, et al. United States District Court for the Northern District of California (Case No.: 3:23-cv-04328).

2. PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to California Government Code section 54957(b)(1).

PUBLIC COMMENTS None

MOTION TO ADJOURN TO CLOSED SESSION

Mayor Hernandez-Thorpe adjourned to Closed Session at 6:02 P.M.

7:00 P.M. REGULAR MEETING

Mayor Hernandez-Thorpe called the meeting to order at 7:04 P.M., and City Clerk Householder called the roll.

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

PLEDGE OF ALLEGIANCE

Mayor Hernandez-Thorpe led the Pledge of Allegiance.

CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
B
06-25-24

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 2 of 9

City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, no reportable action; and #2 PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER, direction given to City Attorney and Director of Human Resources.

1. PROCLAMATION

Proclamation Commemorating Juneteenth 2024

On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica, the City Council unanimously approved the Proclamation.

Leslie May accepted the Proclamation Commemorating Juneteenth 2024.

2. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Acting Assistant City Manager Helfenberger announced the following civic and community event:

Juneteenth A Freedom Celebration: 12:00 P.M. 5:00 P.M. on June 16, 2024, at Williamson Ranch Park

City Clerk Householder announced the following civic and community event:

So You Want to Run for Office - Engaging Candidate Workshop: 6:00 P.M. 9:00 P.M. on June 24, 2024, at Antioch Senior Center

3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS

City Clerk Householder announced the following Board and Commission openings.

Contra Costa Mosquito & Vector Control Board
Economic Development Commission

PUBLIC COMMENTS

Leslie May commended the Antioch Police Department on their professional response to a wellness check. She requested Council consider funding training for Commissioners. She also requested information on the process for participating in the 4th of July parade.

Patricia Granados advocated for families facing evictions. She spoke in support of training for Antioch Police Oversight Commissioners and Bay Area Community Resources Youth Programs.

CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 3 of 9

Councilmember Torres-Walker announced the Community Development Block Grant (CDBG) Committee meeting would be held at 2:30 P.M. on June 13, 2024.

Councilmember Barbanica encouraged the community to participate in the CDBG Committee meeting. He reported he had a discussion with Mayor Hernandez-Thorpe following recent sideshow activities and announced that they had agreed to bring back a sideshow ordinance for Council consideration.

Councilmember Ogorchock reported on a meeting she attended with ACCE regarding the Amtrak Station decommission and announced she would be requesting a resolution to outline the importance of retaining a station in Antioch.

Councilmember Wilson announced Delta Diablo would be meeting on June 12, 2024, and youth bus passes were on sale.

Councilmember Ogorchock suggested Council consider buying down the youth bus passes for Antioch residents.

Mayor Hernandez-Thorpe thanked the public participating in thmeeting. He Conference. He announced
he would be bringing back sideshow ordinances for Council consideration. He reported on an event recognizing Antioch High School graduates who had enlisted in the Armed Forces.

4. PRESENTATION This Way In Chinese Commemoration Public Art Project by Christy Chan

Christy Chan presented the This Way In Chinese Commemoration Public Art Project.

Gordon Yamate, Hans Ho, speaking on behalf of himself, Joanne Shen, Bay Area resident and an unidentified speaker spoke in support of the Chinese Commemoration Public Art Project.

The City Council thanked Ms. Chan for the presentation.

Council consensus supported considering funding for a Public Art Project during budget discussions later this evening.

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

A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 28, 2024

B. APPROVAL OF COUNCIL WARRANTS

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 4 of 9

C. APPROVAL OF HOUSING SUCCESSOR WARRANTS

D. REJECTION OF CLAIM: PRETIKA POONAM SINGH

E. RESOLUTION NO. 2024/78 FIRST AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH THE KPA GROUP FOR CITYWIDE SPACE PLANNING AND ARCHITECTURAL CONSULTATION SERVICES (P.W. 700-4)

F. RESOLUTION NO. 2024/79 SUPPLY PURCHASE AGREEMENT WITH UNIVAR

SOLUTIONS USA LLC FOR THE SUPPLY AND DELIVERY OF CALCIUM CHLORIDE

FOR WATER TREATMENT

G. RESOLUTION NO. 2024/80 PLANNING COMMISSIONER APPOINTMENT TO

TRANSPLAN

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

PUBLIC HEARING

6. LAUREL RANCH CARWASH AND CONVENIENCE STORE (PRE2023-0006)

Planning Manager Merideth presented the staff report dated June 11, 2024, recommending the City Council provide the applicant with feedback regarding the proposal.

Mayor Hernandez-Thorpe opened the public hearing.

Julio Tinajero, Milestone Associates, presented a history of the property, project and the revised site plan. He explained that the applicant purchased the property because it was marketed and staff had confirmed it was zoned commercial property; however, after they submitted an application, they were informed by staff that there had been an error, and it was zoned residential. He requested Council consider the history of the property and provide their feedback regarding their proposal.

William Walker HOA Park Ridge, Christina Pineda, Park Ridge resident, Tahmeka Ramerez, Park Ridge resident, Don Aquillant, Park Ridge neighborhood, Shane Battle, Antwon Webster and James Souffrant spoke in opposition to the project citing oversaturation of carwash/convenience stores and the proximity of residential development, negatively impacting quality of life. They requested Council reject this proposal.

Laura Kindsvater, Antioch resident, spoke in support of modifying the landscape plan by requiring more than 70% native plant species.

Ashly Mahan spoke in support of citywide solutions to protect all neighborhoods from these types of development.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 5 of 9

An unidentified speaker in opposition to the project spoke in support of a residential development on the property.

Gavin Payton offered suggested revisions to the project.

Public comments submitted in writing were entered into the record from the following individuals:

Carlos Hermosillo, Antioch resident, Patricia Sandvig, Antioch resident, Steve Abbs, Vice President, Land Acquisition & Development / Davidon Homes, Freddie & Therese Fullon, Antioch residents, Christine, Lisa Pakeman, Lakshmi Madhurao, Antioch resident, Jag Gorti, Antioch resident, Keith Givens, M.J. Salonga, Antioch resident, Salvador PR, Wendy Ashley- Johnson, Antioch resident, Ying, Shomaila Hafeez, Antioch resident, Vincent & Florence Odusanya, Antioch residents, Elena Borea-Norris, Antioch resident, Chuck Borea-Norris, Rajesh Babu Adikesavan, Antioch resident, Lucinda Young, Jessica Garcia, Dexter Pecson, Lori Kirkland, Antioch resident, David Buller, Divya Mavalli, HOA Board, William R. Walker, President, The Park Ridge HOA Board / Community and Surrounding Neighborhoods, Edgar Lopez and an unidentified individual.

Mayor Hernandez-Thorpe closed the public hearing.

Councilmember Wilson requested a healthy neighborhood ordinance be brought to Council for consideration.

Following discussion, Council consensus felt the project was inconsistent with residential development and the site should remained zoned residential.

Mayor Hernandez-Thorpe felt the process had been unfair since the applicant had been given incorrect information from staff.

Acting Director of Community Development Scudero provided the zoning history and noted that even if the property were zoned commercial, Council had discretion over the use. He reported that staff always advised applicants to make any purchase or lease contingent upon their discretionary approval. Additionally, he noted amending the specific plan to allow commercial use would not add any more review or hearing time for the applicant so Council could provide feedback to the applicant on a neighborhood serving commercial use that they could support.

Mayor Thorpe reopened the public hearing for rebuttal.

Julio Tinajero stated the applicant was willing to work with the HOA to bring forward a commercial project that could be supported by the community. He clarified that the applicant was not a residential developer and requested Council support rezoning the property to commercial.

Mayor Thorpe closed the public hearing.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 6 of 9

Mayor Thorpe stated that the applicant could have a conversation with the HOA regarding alternative commercial uses for the property; however, at this time, he was committed to not rezoning the property.

Mayor Hernandez-Thorpe declared a recess at 9:20 P.M. The meeting reconvened with all Councilmembers present at 9:27 P.M.

COUNCIL REGULAR AGENDA

7. FISCAL YEAR 2023-25 MID-YEAR BUDGET

Finance Director Merchant presented the staff report dated June 11, 2024, recommending the City Council 1) Adopt a resolution approving amendments to the 2023/24 and 2024/25 fiscal year budgets (Staff Report Attachment A). 2) Adopt a resolution approving amendments to the 2023/24 budget and 2024/25 fiscal year budgets for items considered at the meeting of June 11, 2024 (Staff Report Attachment B).

An unidentified speaker offered suggestions for the allocation of ARPA funds.

Following discussion, Council consensus supported the following budget amendments:

City Council Community Events ($20,000 each Councilmember) total $100,000 - One Time Revenue Allocation (with direction to staff to bring back legal parameters for use of the funds)
Mural Program $100,000 One Time Revenue Allocation
Outsourcing Internal Affairs Investigations $100,000 One Time Revenue Allocation Replacement of EBRCS Radios $500,000 Council directed staff to investigate funding this item with ARPA funds
United States Conference of Mayors $10,099 - One Time Revenue Allocation Concrete Replacement at City Parks $210,000 in FY24 and $350,000 in FY25 Council directed staff to investigate funding this item with ARPA funds Extra Tree Work $85,000 transfer out to SLLMD Districts - One Time Revenue Allocation Chinese History Art Program $60,000 - One Time Revenue Allocation Police Supplementary Retirement Plan Unfunded Liability $389,929 - One Time Revenue Allocation
Capacity Building Grants for Non-Profits $277,131 One Time Revenue Allocation (with direction to staff to bring back an application process for awarding grants) Mental Health Crisis Response / Contract with Felton Institute $2,100,000 - ARPA funds

Council consensus also supported bringing back the Cost Allocation and Fee Structure Study during the regular budget process.

Mayor Hernandez-Thorpe requested Acting Director of Public Works/City Engineer Buenting investigate replacing the landscaping along Lone Tree Way from H Shopping Center.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 7 of 9

RESOLUTION NO. 2024/81

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously adopted a resolution approving amendments to the 2023/24 and 2024/25 fiscal year budgets as outlined in Exhibits A, B and C attached to the resolution.

RESOLUTION NO. 2024/82

On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker, the City Council unanimously adopted a resolution approving amendments to the 2023/24 budget and 2024/25 fiscal year budgets for items considered at the meeting of June 11, 2024.

A motion was made by Councilmember Ogorchock and seconded by Councilmember Barbanica, to adjourn the meeting at 10:46 P.M. The motion failed by the following vote:

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

8. DISCUSSION ITEM: COUNCILMEMBER COMPENSATION SENATE BILL 329

INCREASES THE COMPENSATION LIMITS FOR CITY COUNCIL MEMBERS

City Attorney Smith presented the staff report dated June 11, 2024, recommending the City Council provide direction to staff as to whether to prepare an ordinance increasing councilmember compensation to the amount permitted by Senate Bill 329 (2023).

Council consensus directed staff to prepare an ordinance increasing Councilmember compensation to the amount permitted by Senate Bill 329 (2023).

ON MOTION BY MAYOR HERNANDEZ-THORPE, SECONDED BY COUNCILMEMBER

TORRES-WALKER, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED PUBLIC COMMENT AS THE NEXT ORDER OF BUSINESS.

PUBLIC COMMENT

Frank Sterling Jr. urged Council to agendize a ceasefire resolution and divestment.

ADJOURNMENT

On motion by Mayor Hernandez-Thorpe, seconded by Councilmember Wilson, the City Council unanimously adjourned the meeting at 10:52 P.M.

Respectfully submitted:

Kitty Eiden
KITTY EIDEN, Minutes Clerk

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 8 of 9

[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 06/25/2024 COUNCIL MEETING TO BE HEARD]

COUNCIL REGULAR AGENDA Continued

9. CITY COUNCIL REQUESTED DISCUSSION ITEM DISCUSSION ON FUNDING FOR

STREET CAMERAS

Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

10. CITY COUNCIL REQUESTED DISCUSSION ITEM POTENTIAL OF CREATION OF

DIVERSITY, EQUITY, INCLUSION, AND BELONGING (DEIB) OFFICER POSITION

Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

11. CITY COUNCIL REQUESTED DISCUSSION ITEM: POTENTIAL OF CREATION OF

HEALTH AND SAFETY ANALYST POSITION FOR THE HUMAN RESOURCES

DEPARTMENT

Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

12. CITY COUNCIL REQUESTED DISCUSSION ITEM: DISCUSSION OF CALIFORNIA

BUSINESS ROUNDTABLE BALLOT MEASURE

Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

13. CITY COUNCIL REQUESTED DISCUSSION ITEM: POTENTIAL DEVELOPMENT OF

POLICY ON USE OF NATIVE PLANTS SPECIES FOR NEW DEVELOPMENTS

Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.

The following public comments submitted in writing for Agenda Item #13 were entered into the record and forwarded to Council prior to the June 11, 2024, meeting. These comments will also be sent to Council prior to the June 25, 2024, City Council meeting.

Public comments submitted in writing were entered into the record from the following individuals:

Katharine Bierce, Sandra Nevala-Lee, Native Plant Resource Team / Eden Garden Club, Lucy Meinhardt, Jacquelyn Higgins, Laura Kindsvater, Antioch Resident, Kristina Gutilla, Captain, Alexander Broom, Antioch resident, Jeanne Phillippe Marie / President and Diana Jeffery PhD /Administrative Director / California Native Grassland Association.

ANTIOCH CITY COUNCIL

HOUSING SUCCESSOR
Regular Meeting
June 11, 2024 Page 9 of 9

STAFF COMMUNICATIONS

COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS

D
6-25-24

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 25, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Lauren Posada, City Treasurer LP
SUBJECT: Approval of Treasurers Report for March of 2024

RECOMMENDED ACTION
It is recommended that the City Council receive and file March 2024 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

E
6-25-24

RECOMMENDED ACTION
It is recommended that the City Council receive and file April 2024 Treasurers Report.

FISCAL IMPACT
There is no fiscal impact of this action.

ATTACHMENTS
A. City Treasurers Report

Amount
Antioch Public Financing Authority 2015 Bonds (ABAG) 290,750 Antioch Public Financing Authority 2015 Refunding Bonds (02 Lease Rev)1,326,959 Antioch Development Agency 2009 Tax Allocation Bonds 150,812 $1,768,521
Summary of Fiscal Agent Balances by
Debt Issue

06-25-24

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the Statement of Investment Policy.

FISCAL IMPACT
There is no fiscal impact of this action.

DISCUSSION
State law requires that cities adopt investment guidelines and the City's investment policy further requires that the City Treasurer render the policy to City Council for review when any changes are made, or at least every two years. The existing policy was last updated and approved by City Council in June 2022. The policy was provided to the City's investment advisors, PFM, for review to ensure it is in compliance with current government codes. PFM has proposed changes to update our policy with current government code provisions that the Finance Director and City Treasurer have reviewed and concur with. It is recommended City Council adopt the resolution approving the policy. See Exhibit 1 to Attachment A for the policy with changes redlined on the document.

ATTACHMENTS
A. Resolution of the City Council of the City of Antioch Approving the Statement of Investment Policy.

Exhibit 1 - Statement of Investment Policy

ATTACHMENT A

RESOLUTION NO. 2024/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING

THE STATEMENT OF INVESTMENT POLICY

WHEREAS, California Government Code sections 53600 et seq. allow a city to make investments with money not required for immediate needs, but limits the kinds of investments that a city can make; and

WHEREAS, when investing, State law requires that the primary objective of a trustee shall be to safeguard the principal of the funds under its control; the secondary objective shall be to meet the liquidity needs of the depositor; and the third objective shall be to achieve a return on the funds under its control.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Antioch hereby approves the Statement of Investment Policy, as attached hereto as Exhibit 1.
* * * * * * * * * * * * *

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 25th day of June 2024, by the following vote:

AYES:

ABSENT:

NOES:

___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT 1

CITY OF ANTIOCH

STATEMENT OF INVESTMENT POLICY
1 3-04-2024
I. INTRODUCTION
The purpose of this document is to identify various policies and procedures that enhance opportunities for a prudent and systematic investment process. The initial step toward a prudent investment policy is to organize and formalize investment related activities. Related activities which comprise good cash management include accurate cash projection, the expeditious collection of revenue, the control of disbursements, cost effective banking relations, and a short term borrowing program which coordinates working capital requirements and investment opportunity. In concert with these requirements are the many facets of an appropriate and secure short term investment program.

II. OBJECTIVES
A. Safety of principal is the foremost objective of the City, followed by liquidity and yield. Each investment transaction shall seek to first ensure that capital losses are avoided, whether they are from securities defaults or erosion of market value.

B. Investment decisions should not incur unreasonable investment risks in order to obtain current investment income.

C. The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. This need for investment liquidity may be tempered to the extent that the City is able to issue short term notes to meet its operating requirements.

D. The investment portfolio shall be managed to attain a market average rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow requirements, and state and local law, ordinances or resolutions that restrict the placement of short term funds.

E. Portfolio performance will be measured against a total return index with securities with similar attributes and similar average maturity, e.g., the Merrill Lynch 1-3 Year U.S. Treasury Index.

F. The City's investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types or in individual financial institutions.

G. While the City will not make investments for the purpose of trading or speculation as the dominant criterion, the City Treasurer shall seek to enhance total portfolio return by means of active portfolio management. The prohibition of speculative investments precludes pursuit of gain or profit through unusual risk and precludes investments primarily directed at gains or profits from conjectural fluctuations in market prices. However, as long as the original investments can be justified by their ordinary earning power, trading in response to changes in market value or market direction is a requirement of portfolio management.

H. The City adheres to the guidance provided by the "prudent investor rule", which states that, when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. I. All participants in the investment process shall act responsibly as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust.

Nevertheless, in a diversified portfolio, it must be recognized that occasional measured losses are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.

III. DELEGATION OF AUTHORITY
EXHIBIT 1

CITY OF ANTIOCH

STATEMENT OF INVESTMENT POLICY

2 3-04-2024
The responsibility for conducting the City's investment program resides with the City Treasurer, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority for all investment activities. Transactions may be delegated to an independent investment advisor registered with the SEC who will meet at least quarterly with the City Treasurer and Finance Director to review general strategies and monitor results.

IV. PERMITTED INVESTMENT INSTRUMENTS

The City of Antioch shall strive to maintain the level of investment of all idle funds as near 100% as possible, through daily and projected cash flow determinations. Idle cash management and investment transactions are the responsibility of the City Treasurer. The City Treasurer, or designee, is authorized to purchase the following investment instruments.

Investment of City funds is governed by the California Government Code Sections 53600 et seq., within the context of the limitations, the following investments are authorized, as further limited herein. A security purchased in accordance with this section shall not have a forward settlement date exceeding 45 days from the time of investment.

Where this section specifies a percentage limitation for a particular security type, that percentage is applied on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased.

If an investments credit rating falls below the minimum rating required at the time of purchase, the City Treasurer, or designee, will perform a timely review and decide whether to sell or hold the investment.

A. U.S. Treasury, notes, bonds, bills, or other certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest.

B. Federal agency or United States government-sponsored enterprise obligations, participation, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.

C. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency or by a department, board, agency or authority of the state or any local agency.

D. Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California.

E. Repurchase Agreements. Repurchase agreements are to be used solely as short-term investments not to exceed 30 days. The City may enter into repurchase agreements with primary government securities dealers rated "A" or better by two nationally recognized rating organizations (NRSRO). Counterparties should also have (i) a short-term credit rating in the highest category by an NRSRO; (ii) minimum assets and capital size of $25 billion in assets and $350 million in capital; (iii) five years of acceptable audited financial results; and (iv) a strong reputation among market participants.

The following collateral restrictions will be observed: Only U.S. Treasury securities or Federal Agency securities will be acceptable collateral. All securities underlying repurchase agreements must be delivered to the City's custodian bank versus payment or be handled under a properly executed tri-party repurchase agreement. The total market value of all collateral for each repurchase agreement must equal or exceed 102% of the total dollar value of the money invested by the City for the term of the investment. For any repurchase agreement with a term of more than one day, the value of the underlying securities must be reviewed on an on-going basis according to market conditions. Market value must be calculated each time there is a substitution of collateral.

EXHIBIT 1

CITY OF ANTIOCH

STATEMENT OF INVESTMENT POLICY

3 3-04-2024

The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to repurchase agreement. The City shall have properly executed a SIFMA agreement with each counter party with which it enters into repurchase agreements.

F. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers' acceptances. Purchases of bankers' acceptances may not exceed 180 days' maturity, or 40% of the City's surplus money that may be invested. Eligible bankers' acceptances are restricted to issuing financial institutions with short-term paper rated in the highest category by an NRSRO.

G. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by an NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2) below:

1. The entity meets the following criteria: (A) is organized and operating in the United States as a general corporation. (B) has total assets in excess of five hundred million dollars ($500,000,000). (C) has debt other than commercial paper, if any, that is rated in a rating category of "A" or its equivalent or higher by an NRSRO.

2. The entity meets the following criteria: (a) is organized within the United States as a special purpose corporation, trust, or limited liability company. (b) Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. (c) Has commercial paper that is rated "A-1", or its equivalent or higher by an NRSRO.

Eligible commercial paper shall have a maximum maturity of 270 days or less. The City may invest no more than 40% of its money in eligible commercial paper If the Citys investable assets fall below $100 million, the City may invest no more than 25% of its money in eligible commercial paper.

H. Medium term notes with a maximum maturity of five years issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States shall be rated in a rating category of A or its equivalent or better by an NRSRO.

Purchases of medium term notes may not exceed 30% of the City's portfolio.

I. FDIC-insured or fully collateralized time certificates of deposit in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. All time deposits must be collateralized in accordance with California Government Code Section 53561, either at 150% by promissory notes secured by first mortgages and first trust deeds upon improved residential property in California eligible under Section (m) or at 110% by eligible marketable securities listed in Subsections (a) through (l) and (n) and (o). To be eligible to receive local agency deposits, a financial institution must have received a minimum overall satisfactory rating for meeting the credit needs of California Communities its most recent evaluation.

J. Negotiable Certificates of Deposit issued by a nationally or state-chartered bank or a state or federal savings and loan association, a state or federal credit union, or by a federally- or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit may not exceed 30% of the City's surplus money.

1. Certificates with maturities up to one year shall have an A-1rating, or its equivalent or higher, as provided for by an NRSRO.

2. Certificates with maturities greater than one year and through five years shall be rated in a rating category of A, its equivalent or better by an NRSRO.

K. State of California's Local Agency Investment Fund (LAIF). Investment in LAIF may not exceed the amount specified by the State Treasurer.

1. The LAIF portfolio should be reviewed periodically.

EXHIBIT 1

CITY OF ANTIOCH

STATEMENT OF INVESTMENT POLICY

4 3-04-2024

L. California Asset Management Program (CAMP).

M. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). To be eligible for investment pursuant to this subdivision these companies shall either:

1. Attain the highest ranking letter or numerical rating provided by not less than two of the three largest NRSROs or

2. Have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years experience managing money market mutual funds and with assets under management in excess of $500,000,000.

The purchase price of shares shall not exceed 20 percent of the investment portfolio of the City.

N. Asset-Backed Securities

A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond.

For securities eligible for investment under this subdivision not issued or guaranteed by an agency or issuer identified in subdivision (b) or (f), the following limitations apply:

(A) The security shall be rated in a rating category of AA or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less.
(B) Purchase of securities authorized by this paragraph shall not exceed 20 percent of the agencys surplus moneys that may be invested pursuant to this section.

O. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of AA or its equivalent or better by an NRSRO.

Purchases of these securities shall not exceed 30 percent of the investment portfolio of the City.

P. Insured savings account or money market account. To be eligible to receive local agency deposits, a financial institution must have received a minimum overall satisfactory rating for meeting the credit needs of California Communities in its most recent evaluation.

V. PROHIBITED INVESTMENTS

Any security type or structure not specifically approved by this policy is hereby specifically prohibited.

Security types which are thereby prohibited include, but are not limited to:

1. Reverse repurchase agreements.

2. The City shall not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages, or in any security that could result in zero interest accrual if held to maturity.

EXHIBIT 1

CITY OF ANTIOCH

STATEMENT OF INVESTMENT POLICY

5 3-04-2024

3. The City will not invest in any companies that produce alcohol for public consumption or tobacco products.

Notwithstanding the prohibitions stated in the above paragraph, the City may invest in securities issued by, or backed by, the United States government that could result in zero- or negative-interest accrual if held to maturity, in the event of, and for the duration of, a period of negative market interest rates. The City may hold these instruments until their maturity dates.

VI. MATURITY

Investment maturities shall be based on a review of cash flow forecasts. Maturities will be scheduled as to permit the City to meet all projected obligations. No investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement as authorized by this section that at the time of the investment has a term remaining to maturity in excess of five years unless City Council has provided approval for a specific purpose at least three months before the investment is made. The City Council has approved agency mortgage-backed securities (MBS) as permitted by Section IV.B. of this Policy to have a final maturity longer than five years. The weighted average life (WAL) of agency MBS may not exceed five years. For purposes of compliance with this Policy, an investments term or remaining maturity shall be measured from the settlement date to final maturity.

VII. DIVERSIFICATION

It is City policy to diversify the investment portfolio in order to reduce the risk of loss resulting from other concentration of assets in a specific maturity, a specific issuer, or a specific class of securities. The following strategies and constraints shall apply:

A. Maturities shall be selected which provide for stability of income and reasonable liquidity.

B. Concern for liquidity shall be insured through practices that include covering the next vendor disbursement date and payroll date through maturing investments.

C. Risks of market price volatility shall be controlled through the appropriate management of the portfolios duration versus the benchmark duration. Whereby duration is used as a measure of the portfolios sensitivity to changes in interest rates which cause market price volatility.

D. Specific diversification limitation shall be imposed on the portfolio as follows:

1. The portfolios duration should be appropriately positioned relative to benchmark duration during rising and falling interest rate environments.

2. Except for fully collateralized deposits, investments in pooled funds such as LAIF, CAMP, and money market funds, instruments of the U.S. Government or its Agencies and securities issued by the IBRD, IFC, and IADB, no more than 5% of the overall portfolio may be invested in the securities of a single financial institution.

3. In accordance with California statutes, City deposits including collateralized certificates of deposit shall not exceed the total paid up capital (to include capital notes and debentures) and surplus of any depository bank, or the total of the net worth of any savings and loan association.

VIII. RISK TOLERANCE

The City recognizes that investment risks can result from issuer defaults, market price changes or various technical complications leading to temporary illiquidity. Portfolio diversification is employed as a way to control risk.

No individual investment transaction shall be undertaken which jeopardizes the total capital position of the overall portfolio. The City Treasurer shall periodically establish guidelines and strategies to control risks of default, market price changes and illiquidity.

EXHIBIT 1

CITY OF ANTIOCH

STATEMENT OF INVESTMENT POLICY

6 3-04-2024

In addition to these general policy considerations, the following specific policies will be strictly observed.

A. All investment funds will be placed directly with qualified financial institutions. The City will not deposit or invest funds through third parties or money brokers.

B. All transactions will be executed on a delivery versus payment basis with one exception: Upon the City's receipt of an account number from an authorized official, a California savings and loan institution and Bay Area banks shall have 48 hours from the transaction settlement date in which to deliver the certificate of deposit for a collateralized deposit to the City's safekeeping, even though payment is made by the City on the settlement date.

C. A competitive bid process, utilizing a minimum of three financial institutions deemed eligible by the City's Investment Advisor, will be used to place all investment purchases. Based on a quarterly evaluation, securities dealers, banks and other financial institutions will be dropped or continued on the eligibility list. The following criteria will be used in the quarterly evaluation:

1. Number of transactions competitively won.

2. Prompt and accurate confirmation of transactions.

3. Efficient securities delivery.

4. Accurate market information account servicing.

D. The City Treasurer shall forward a copy of and updates to the City's Investment Policy to the City's Investment Advisor and require written acknowledgment of the Policy.

IX. SAFEKEEPING AND CUSTODY

To protect against potential fraud and embezzlement, the assets of the City shall be held in the City's vault or secured through third party custody and safekeeping procedures. City Treasurer or designee shall be bonded to protect the public against possible embezzlement and malfeasance. Safekeeping procedures shall be reviewed annually by an independent auditor. The auditor may conduct surprise audits of safekeeping and custodial procedures.

All securities will be received and delivered using standard delivery versus payment procedures.

X. REPORTING REQUIREMENTS

The City Treasurer shall render to the City Council at least a quarterly investment report, which shall include, at a minimum, the following information for each individual investment:

1. Type of investment instrument (i.e., Treasury Bill, medium term note);

2. Issuer name (i.e., General Electric Credit Corporation);

3. Purchase date (trade and settlement date);

4. Maturity date;

5. Par value;

6. Purchase price;

7. Current market value and the source of the valuation;

8. Overall portfolio yield based on cost.

The quarterly report also shall (a) state compliance of the portfolio to the statement of investment policy, or manner in which the portfolio is not in compliance; (b) include a description of any of the City's funds, investments, or programs that are under the management of contracted parties, including lending programs; and (c) include a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available.

As a good reporting practice, the Report will be submitted on a quarterly basis and provided to the Council.

EXHIBIT 1

CITY OF ANTIOCH

STATEMENT OF INVESTMENT POLICY

7 3-04-2024
The Treasurer will submit to City Council a monthly report of investment transactions.

XI. INVESTMENT POLICY REVIEW

The Statement of Investment Policy shall be reviewed annually by the City Treasurer and shall be rendered to the City Council at a public meeting when any changes are proposed or at least every two years.

XII. INTERNAL CONTROLS

The Finance Director and Treasurer are responsible for establishing and maintaining an internal control structure designed to ensure that the financial assets of the City are protected from loss, theft, fraud and misuse.

XIII. INVESTMENT POOLS/MUTUAL FUNDS

The Treasurer will perform due diligence reviews of pools and funds prior to investing, and on a continual basis.

G
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 25, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: REJECTION OF CLAIMS: AARON WASHINGTON

DMITRIY SHORNIKOV AND JUSTINE BOBO

RECOMMENDED ACTION
It is recommended that the City Council reject the claims submitted by Aaron Washington, Dmitriy Shornikov and Justine Bobo.

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

ATTACHMENTS
None.

H
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 25, 2024

TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Elizabeth Householder, MPP, City Clerk
Vanessa Rosales, CMC, Administrative Analyst I VR
APPROVED BY:Thomas Lloyd Smith, City Attorney
SUBJECT: Resolution requesting and consenting to the consolidation of elections and setting specifications of the election order for the November 5, 2024, Statewide General Municipal Election for elected officials – Mayor, Council Members District 2 and District 3, City Clerk and City Treasurer

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

1. Requesting and consenting to consolidation of elections with the Contra Costa County Elections Division;

2. Limiting the Candidate Statement word count to 250 words;

3. Clarifying filing costs for the November 5, 2024 General Election; and

4. Amending the Fiscal Year 2024/25 General Fund budget for the cost of the election.

FISCAL IMPACT
Elections Code Section 10002 requires the City of Antioch to reimburse the Contra Costa County Elections Division (County) in full for the services performed during the election.

The estimated cost to the City for the November 5, 2024 General Election is $257,172 of which only $123,305 is in the Fiscal Year 2024/2025 City Clerk’s General Fund Budget.

Therefore, a budget amendment of $133,867 is required.

DISCUSSION
In accordance with Ordinance No. 2141-C-S adopted by the City Council on May 8, 2018, four council members will be elected By-District. Each council member elected in the November 5, 2024, General Municipal Election for District 2 and District 3 will serve a four Antioch City Council Report
June 25, 2024, Agenda Item #H 2
(4) year term. The Mayor, City Clerk and City Treasurer will be elected at-large and each will also serve a four (4) year term.

At a regular meeting on April 12, 2022, the City Council of the City of Antioch adopted Resolution No. 2022/51 the Final Redistricting Map, adjusting and redefining the boundaries of the City Council electoral districts of the City.

Elections Code Section 10403 requires that whenever an election is called by a City for an office to be filled, it is to be consolidated with a statewide election and the office to be filled is to appear upon the same ballot as that provided for that statewide election. The City is required to file with the Contra Costa County Board of Supervisors and the County Elections Official, a certified copy of the resolution requesting the consolidation, and setting specifications of the election order, no later than July 3, 2024.

The nomination period for the Candidates in the November 5, 2024, General Municipal Election opens onMonday, July 15, 2024. The deadline for filing papers to be a candidate for office will be Friday, August 9, 2024, at 5:00 p.m. (Elections Code Section 10407(a)). The City Clerk’s Office will be open Monday through Friday, from 8:30 a.m. to 5:00 p.m. at City Hall.

Candidates are strongly encouraged to make appointments with the City Clerk’s Office to pick up and file nomination papers for better service. Appointments can be made by calling the City Clerk’s Office at 925-779-7009, or by email to [email protected].

There is a $25 Filing Fee (Ordinance No. 2088-C-S and Elections Code Section 10228) for a candidate to file nomination papers with the City Clerk’s Office.

In accordance with Elections Code 13307, the Contra Costa County Elections Division has established a cost to file a 250-word maximum Candidate Statement to be published in the Voter’s Pamphlet for each office. The cost is based on the candidate statement being printed in English, Spanish and Chinese, as now required by California State Law.

Mayor, Clerk, and Treasurer: $1,424.00
Council District 2: $452.00
Council District 3: $524.00

Candidates are not required to publish a candidate statement, but if they choose to do so, they will pay the cost plus the $25 Filing Fee. As a condition of having the Candidate’s Statement published, each candidate shall pay the full cost to the City at the time of filing.

ATTACHMENT
Resolution

RESOLUTION NO. 2024/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA

COSTA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO ELECTIONS CODE SECTION 10403 AND

AMENDING THE GENERAL FUND BUDGET FOR THE COST OF THE ELECTION WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 5, 2024, to fill certain municipal offices: Mayor, City Clerk, City Treasurer, Councilmember District 2, and Councilmember District 3; to four-year terms, in accordance with Ordinance No. 2141-C-S adopted May 8, 2018;

WHEREAS, at a Regular Meeting on April 12, 2022, the City Council of the City of Antioch adopted Resolution No. 2022/51 the Final Redistricting Map, adjusting and redefining the boundaries of the City Council electoral districts of the City;

WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to California Elections Code Section 10002;

WHEREAS, California Elections Code Section 10002 requires the City to reimburse the county in full for the services performed upon presentation of a bill to the City by the County Elections Official;

WHEREAS, the City Clerk’s Fiscal Year 2024/25 General Fund budget does not have sufficient funding for the estimated election cost reimbursement to the county and requires an amendment of $133,867;

WHEREAS, California Elections Code Section 13307 requires that before the nomination period opens, the governing body must determine whether a charge shall be levied against each candidate submitting a candidate’s statement to be sent to the voters, and, if so, may establish the amount of the charge and determine whether the cost will be paid in advance;

WHEREAS, California Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City; and

WHEREAS, tie votes shall be determined by lot unless the City Council adopts the provisions of California Elections Code Section 15651(b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, BE IT ORDERED that an election be held in the City of Antioch in accordance with the following specifications:

RESOLUTION NO. 2024/**
June 25, 2024

Page 2 ends

1. The Election shall be held on Tuesday, the 5th day of November 2024. The purpose of the election is to choose successors for the following offices:

MAYOR – Term of four (4) years
COUNCIL MEMBER DISTRICT 2 – Term of four (4) years
(Ordinance No. 2141-C-S)
COUNCIL MEMBER DISTRICT 3 – Term of four (4) years
(Ordinance No. 2141-C-S)
CITY CLERK – Term of four (4) years
CITY TREASURER– Term of four (4) years

2. This City Council hereby requests and consents to the consolidation of this election with other elections, which may be held in whole or in part of the territory of the City, as provided in Elections Code 10002.

3. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official.

4. The Candidate’s Statements will be limited to 250 words. As a condition of having the Candidate’s Statement published, the Candidate shall pay the cost at the time of filing. The exact cost for the Candidate’s Statement will be determined by the Contra Costa County Elections Division.

5. In addition, the candidate will pay the $25 Filing Fee to the City Clerk/Elections Official at the time of filing (Ordinance No. 2088-C-S).

6. The City Clerk is to publish the Notice of Election in the East Bay Times, which is a newspaper of general circulation that is published daily in the City.

7. The City Council has determined that in the event of a tie vote, the tie will be determined by lot, pursuant to California Elections Code Section 15651(b).

8. The City directs that a certified copy of this resolution be forwarded to the Contra Costa County Registrar of Voters and to the Board of Supervisors of Contra Costa County.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves a General Fund budget amendment in the amount of $133,867 for the estimated cost of the election and directs the Acting City Manager or designee to complete the amendment.

RESOLUTION NO. 2024/**
June 25, 2024

Page 3 ends

* * * * * * * *
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 25th day of June 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D

O
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 25th, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:America Velasco, Public Safety Manager
APPROVED BY:Tasha Johnson, Public Safety and Community Resources Director SUBJECT: Contract Extension for the California Violence Intervention & Prevention (CalVIP) Program Outreach, Program Design and Implementation with One Day At A Time (ODAT) with fiscal sponsor Community Initiatives.

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

1. Approving the First Amendment to the Agreement with One Day At A Time to extend grant program support and replication of evidence-based violence reduction initiatives and programs that interrupt cycles of violence through June 30, 2025; and

2. Authorizing the Acting City Manager to execute the First Amendment to the Agreement.

FISCAL IMPACT
The original Agreement with ODAT was entered into in May 2023 n the amount of $346,500 and expires June 30, 2024. is paid for, in its entirety, by a CalVIP grant. The amendment extends the term for an additional year through June 30, 2025 but does not modify the amount.

DISCUSSION
In February 2022, the City of Antioch applied for a three-year CalVIP grant from the Board of State and Community Corrections (BSCC) to improve public health and safety by supporting effective violence reduction initiatives in Antioch, which is disproportionately impacted by violence, particularly group-member-involved homicides, shootings, and aggravated assaults (Penal Code Sec. 14131(b)). The City of Antioch was awarded the CalVIP grant agreement from July 2022 through June 30, 2025, for a maximum amount of $1,794,116. Funds will be used to support, expand, and replicate evidence-based violence reduction initiatives that seek to interrupt cycles of violence.

TJ
Antioch City Council Report
[June 25, 2024] Agenda Item# O 2
On May 23rd, 2023 the City entered a one-year agreement with ODAT and implemented the CalVIP pilot program an opportunity to extend funding for FY2024-2025 upon successful program demonstration.

Since the execution of the one-year contract in June 2023, ODAT has demonstrated successful programming by creating a strong foundation for its pilot program, Uplifting Peace, such as hiring a full-time Program Manager, full-time Neighborhood Change Agent, creating and implementing Program Tiers, creating and implementing street outreach safety protocol procedures, attending Peace Maker Fellowship trainings conducted by CalVIP Technical Assistance Aid Advance Peace, and establishing relationships with various community-based organizations and resources.

ODAT has demonstrated successful programming by continuously conducting street outreach, and initiating and establishing rapport with City of Antioch community members who are most at risk of being involved in gun violence. Once clients are identified as Peacemaker Fellows, ODAT has successfully assisted clients in linking them to community resources and providing support. The Public Safety and Community Resources Department recommends extending the contract through June 30, 2025.

ODAT currently has 4 Peacemaker Fellows. 1 Fellow is currently in Tier 2 of the program and 3 Fellows are currently in Tier 1.

ATTACHMENTS
A. Resolution
B. Contract Amendment
C. Original Contract

ATTACHMENT A

RESOLUTION NO. 2024/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH ONE DAY AT A

TIME FOR CALIFORNIA VIOLENCE AND INTERVENTION AND PREVENTION

GRANT PROGRAM SUPPORT AND REPLICATION OF EVIDENCE-BASED

VIOLENCE REDUCTION INITIATIVES

WHEREAS, the City received funds through the California Violence Intervention and Prevention grant program from the Board of State and Community Corrections BSCC as Grantor as a city that is disproportionately impacted by gun violence;

WHEREAS, the City wishes to improve public health and safety by supporting effective violence reduction initiatives in Antioch, which is disproportionately impacted by violence, particularly group-member-involved homicides, shootings, and aggravated assaults (Penal Code Sec. 14131(b)).;

WHEREAS, the City has procured the expertise of an agency (One Day at a Time ( ODAT)) that has demonstrated it has the expertise, background, and qualifications to help the City achieve these goals;

WHEREAS, the City entered into an agreement with ODAT in the amount of $346,500 that expires June 30, 2024 ;

WHEREAS, upon continued successful program implementation, the Public Safety & Community Resources Department has recommended and the City Council of the City of Antioch has considered authorizing a one year contract extension with ODAT to continue to support, expand, and replicate evidence-based violence reduction initiatives that seek to interrupt cycles of violence in the City of Antioch.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves Amendment No. 1 to the Agreement with ODAT for a one-year extension through June 30, 2025 and authorizes the Acting City Manager to execute the amendment in a form approved by the City Attorney.

* * * * * * * * * * *

AYES:

ABSENT:

ABSTAIN:

NOES:
____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
AMENDMENT NO. 1 TO AGREEMENT
FOR PROFESSIONAL SERVICES FOR 2023-25 CALIFORNIA VIOLENCE

PROGRAM

SUPPORT, DEVELOPMENT & IMPLEMENTATION SERVICE PROVIDERS THIS FIRST AMENDMENT TO THE AGREEMENT FOR ONE DAY AT A TIMEis entered into this 25th day of June 2024,

R E C I T A L S
WHEREAS,on June 1, 2023, City and ODAT (with fiscal sponsor Community Initiatives), entered into an Agreement for Professional Services for the 2023-25 California Violence Intervention & Prevention (CalVIP Program Support, Development & Implementation Service Providers Agreementand the term of this Agreement ends on June 30, 2024; and
WHEREAS,the City and ODAT seek to extend the term of services for the agreement for one additional year for a contract expiration date of June 30, 2024.

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

1. Term of Servicescontract shall be amended to read as follows:

Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025 the date of completion specified in Exhibit A, and Consultant shall complete the Services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the Services required by t
Agreement, under Section 8.

All other terms and conditions of the Agreement shall remain in full force and effect.

Page 2 of 2 ends

CITY: CONSULTANT:

CITY OF ANTIOCH: ONE DAY AT A TIME:

By: By:

Kwame P. Reed Johnny Rodriguez
Acting City Manager Chief Executive Officer

ATTEST: FISCAL SPONSOR:

Community Initiatives
Elizabeth Householder
City Clerk
By:_________________________________

APPROVED AS TO FORM: Name:______________________________

Title:_______________________________

__________________________________
Thomas Lloyd Smith
City Attorney

Page 2 of 20 ends

City to Consultant for Services rendered pursuant to this Agreement. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the Services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which the Consultant and its employees, agents, and subcontractors may be eligible.

City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices.Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services; and,

Consultant’s signature.

2.2 Payment Schedule.

2.2.1 City shall make incremental payments, based on invoices received, according to the approved budget attached as Exhibit B and incorporated herein by, for Services satisfactorily performed, in accordance with the requirements of this Agreement, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements of Section 2.1 to pay Consultant.

2.3 Total Payment.City shall pay for the Services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.

Page 3 of 20 ends

In no event shall Consultantsubmit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule in Exhibit B.

2.5 Reimbursable Expenses. Reimbursable expenses are specified below and shall not exceed three hundred and forty thousand eight hundred and six dollars ($340,806).

Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

Reimbursable Expenses are:

Participant Stipends, Participant Support, Staff Travel, subcontractors, operational costs

2.6 Payment of Taxes.Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.7 Authorization to Perform Services.The Contractor is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until Contractor receives authorization to proceed from the Contract Administrator.

SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

3.1 Equipment Purchase.

3.1.1 Prior authorization, in writing, by City shall be required before Contractor enters into any unbudgeted purchase order, or subcontract for supplies, equipment, or services for which Contractor intends to seek reimbursement from City. Contractor shall provide an evaluation of the necessity or desirability of incurring such costs.

3.1.2 City may require three competitive quotations with the request for such purchase, or the absence of bidding must be adequately justified.

3.1.3 Any equipment purchased as a result of this Agreement is subject to the following:

Contractor shall maintain, and provide to the City upon request, an inventory of all nonexpendable property having a useful life of at least one year.

Page 4 of 20 ends

Title to all property shall vest in the name of the City. During the term of this Agreement, Contractor shall be responsible for the protection, maintenance, and preservation of all such property held in custody for the City. Contractor shall, upon expiration or termination of this Agreement, deliver to the City all such property, and documents evidencing title to same, as applicable. In the case of lost or stolen items or equipment, Contractor shall immediately notify the City Administrator and shall complete any reports or follow such other procedures regarding lost or stolen items or equipment as required by the City.

3.1.4 Contractor shall comply with all other requirements of the City regarding supplies and equipment procured under this Agreement as may be set forth in Exhibit A, or in any policies or procedures developed pursuant to this Agreement.

SECTION 4. INSURANCE REQUIREMENTS.Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by the Contractor and its agents, representatives, employees, and subcontractors. Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's proposal. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Insurers shall have an AM Best rating of no less than A:VII unless otherwise accepted by the City in writing:

4.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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. If Contractor’s services include work within 50 feet of a railroad right of way, the Contractor shall have removed any exclusion on their liability policy limiting coverage for work near a railroad, or shall provide a Railroad Protective Liability policy in favor of the City. Limits for such coverage shall be no less than $5,000,000.

4.2 Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4.3 Sexual/Abuse insurance. If Contractor will have contact with persons under the age of 18 years, or provides services to persons with Alzheimer’s or Dementia, or provides case management services, or provides housing services to vulnerable groups (i.e., homeless persons), Contractor shall maintain sexual/molestation/abuse insurance with a limit of not less than $1,000,000 each occurrence and $2,000,000 in the aggregate.

4.4 Workers' Compensation 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 per accident for bodily injury or disease.

Page 5 of 20 ends

4.5 Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

4.6 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:

4.6.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). This requirement shall only apply to the CGL, and Automobile Liability Insurance policies specified above.

4.6.2 Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall only apply to the CGL, and Automobile Liability Insurance policies specified above.

4.6.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

4.6.4 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. Contractor 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. This requirement shall only apply to the CGL, Automobile Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.

4.6.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

4.6.6 Claims made policies. If any of the required policies provide claims-made coverage:

4.6.6.1 The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

4.6.6.2 Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

4.6.6.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Page 6 of 20 ends

4.7 Certificate of Insurance and Endorsements. 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.

4.8 Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.

4.9 Higher Limits. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

4.10 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.

4.11 Remedies.In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise, any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:

Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due to Contractor under the Agreement; Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or, Terminate this Agreement.

SECTION 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

5.1 To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably acceptable to City), 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 acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.

Page 7 of 20 ends

5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.

5.2 By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.

SECTION 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor.At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the manner or means by which Contractor accomplishes services rendered pursuant to this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the Services.

7.3 Other Governmental Regulations.To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits.Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

Page 8 of 20 ends

7.5 Nondiscrimination and Equal Opportunity.Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.

Contractor shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

7.6 Federal Requirements. Coronavirus Local Fiscal Recovery Funds (“CLFRF”) may be used to fund all or a portion of this Agreement. Contractor shall comply with all federal requirements including, but not limited to, the following:
(a) Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronarivrus Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule, and CLFRF reporting requirements, as appilcable (collectively, the “CLFRF Compliance Requirements”). The CLFRF Compliance Requirements are expressly incorporated herein by reference.
(b) C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference. (c) Federal Contract Provisions attached hereto as Exhibit C and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all applicable provisions of this Agreement, including but not limited to, CLFRF Compliance Requirements, 2 C.F.R. Part 200, and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination; Suspension.

8.1.1 City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement only for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.

Page 9 of 20 ends

In the event of termination, Contractor shall be entitled to compensation for Services performed to the effective date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Contractor or prepared by or for Contractor or the City in connection with this Agreement.

8.1.2 City shall may temporarily suspend this Agreement and the Services contemplated herein, wholly or in part, for such reasonable period as it deems necessary. Contractor will be paid for satisfactory Services performed prior to the date of suspension. During the period of suspension, Contractor shall not receive any payment for services or expenses incurred by Contractor by reason of such suspension.

8.2 Extension.City may, in their sole and exclusive discretion, extend the end date of the term of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Contractor understands and agrees that, if City grants such an extension, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments.The parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting.City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement; and/or

8.6.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor in which case the City may charge Contractor the difference between the cost to have a different Contractor complete the work described in Exhibit A that is unfinished at the time of breach

Page 10 of 20 ends

and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

9.2 Confidentiality. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Contractor. Such materials shall not, without the prior written permission of City, be used by Contractor for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Contractor which is generally known, shall be deemed confidential. Contractor shall not use the City’s name or logo or photographs pertaining to the Services under this Agreement in any publication without the prior written consent of the City.

9.3 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor..

9.4 Inspection and Audit of Records.Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

9.5 Intellectual Property.The City shall have and retain all right, title and interest, including copyright, patent, trade secret or other proprietary rights in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents and any other works of authorship fixed in any tangible medium or expression, including but not limited to physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Contractor under this Agreement. Contractor further grants to City a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Contractor which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.

Page 11 of 20 ends

SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Protocols; Incident Response. The Services shall be performed in compliance with all protocols provided to Contractor by the City or developed pursuant to this Agreement and approved by the City. In addition to all other requirements for the Services contained in Exhibit A, Contractor shall have written plans or protocols and provide employee training for addressing incidents involving violence or threat of violence; loss, theft or unlawful accessing of confidential information; fraud or waste of Agreement funds; and unethical conduct. Contractor shall report all such incidents to the City within one business day of their occurrence unless a shorter period is otherwise required by the City.

10.2 Addressing Community Concerns. To the extent permitted by law, Contractor shall notify the City of any material complaints regarding the Services, received orally or in writing, and shall take appropriate steps to acknowledge receipt of any such complaint(s). Contractor shall report all such complaints to the City within one business day of receipt.

10.3 Venue. In the event either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.

10.4 Severability.If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns.The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.8 Conflict of Interest.Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Contractor shall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Contractor hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that if this Agreement is made in violation of

Page 12 of 20 ends

Government Code § 1090 et. seq., the entire Agreement is void and Contractor will not be entitled to any compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code Section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.9 Inconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.

10.10 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.11 Contract Administration. This Agreement shall be administered on behalf of the City by Monserrat Cabral ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.12 Notices. Any written notice to Contractor shall be sent to:

Johnny Rodriguez, One Day at a Time
331 Pine Street
Brentwood, CA 94513
Any written notice to City shall be sent to:

Monserrat Cabral, Public Safety & Community Resources
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney

Page 13 of 20 ends

10.13 Integration.This Agreement, including all exhibits and other attachments, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

CITY: CONSULTANT:

CITY OF ANTIOCH One Day at a Time
____________________________________ By:______________________________ Forrest B. Ebbs, Acting City Manager
Name:___________________________
Title:____________________________

Attest: FISCAL SPONSOR:

Community Initiatives
____________________________________ By:_____________________________ Elizabeth Householder
City Clerk
Name:___________________________
Title:____________________________
Approved as to Form:
____________________________
Thomas Lloyd Smith, City Attorney

[Two signatures are required for a corporation or one signature with the corporate bylaws indicating that one person can sign on behalf of the corporation]

Page 14 of 20 ends

EXHIBIT A

SCOPE OF WORK
Consultant’s Proposal
One Day at a Time (ODAT)

PROGRAM SUPPORT, DEVELOPMENT & IMPLEMENTATION
City of Antioch
June 1, 2023 – Ju30, 2024
Key Strategies:

Through the implementation of personal and leadership development, the attainment of self- identified life goals, caring and consistent relationships with fellows and VI/IS, trauma-informed healing and the successful implementation of a culturally appropriate and evidenced-based disruption model proven to interrupt homicide, shootings, and aggravated assaults, this project will save and transform young lives and the community in which they live.

Key Objectives for Grant period June 1, 2023 – June 30, 2024 By July 31, 2023, ODAT would have partnered with Advance Peace to launch a violence interruption model based on the Advance Peace Model and the experience of ODAT with the Beyond Violence evidence-based model.

By August 31, 2023, ODAT in partnership with Advance Peace will provide project staff and leadership with training on key elements of the project, project philosophy and values, and cultural humility, care, and respect.

By August 31, 2023, ODAT will have developed project marketing and enrollment outreach strategies, and materials and begin its implementation.

By August 31, 2023, ODAT in partnership with Advance Peace will identify and orient no less than 5-7 project mentors/fellows.

By August 31, 2023, ODAT in partnership with Advance Peace will adopt the data collection and tracking system utilized by Advance Peace for all project participant and activity data collection.

Between July 1, 2023 – February 2024 – ODAT staff will conduct community outreach activities to identify participants for the project.

By March 31, 2024, ODAT in partnership with Advance Peace will have identified no less than 15 high risk participants for project participation.

Page 15 of 20 ends

ODAT will submit quarterly reports to City of Antioch per City of Antioch specifications.

Outline of proposed services:

Proposed services align with the Advance Peace Model and the Beyond Violence Model, taken from ODAT’s thirteen years of experience with this model. The proposed services will include:

Identify participants who are most at risk of being involved again with gun violence (most likely to be perpetrators or victims of gun violence and influential leaders). (ODAT is also open to serving other types of violence if the City of Antioch is also in agreement.) o Work with Advance Peace, Antioch Police Department, Contra Costa Sheriff’s Department, the County Probation Office, local churches, schools, and indigenous community agencies to identify potential participants via face-to-face outreach utilizing culturally engaging and sensitive outreach materials, tools, and engagement efforts.

Link project participants to Violence Interrupters/Intervention Specialists who will link and support them through the 12-month program. •
The Violence Interrupter/Intervention Specialist will partner with the participant to create an Individual Action Plan for each participant – with 12-month goals. o The Action Plan will be driven by the participant’s self-identified goals, desires, and dreams.
o The Violence Interrupter/Intervention Specialist will assist the participant in linking to resources to support their goals.
o The VI/IS will provide hands on assistance on how to self-navigate and advocate for resources they need to build the participants own ability to advocate on their own behalf.
o The VI/IS will track results of each connection made to resources and each participant’s achievements.

Participants will be offered daily mentorship through project fellows. o Linkage to fellows who have life experience with gun violence, incarceration, trauma and who are passionate about giving back and helping others. o Daily interactions with Project Fellows will also be collected under each participant’s plan.

Participants will be linked or provided group life skills classes to expand violence interruption pathways.

Page 16 of 20 ends

o Classes such as anger management, trauma informed care groups/counseling, etc.

Participants will be provided with internships and travel incentives to recognize participant achievement and progress on participant self-identified goals. o Visits to local colleges, job fairs, violence conferences, with potential for participants to serve as guest speakers/presenters, etc.

Participants will be provided with emergency services as needed (such as support relocating to another community, support with temporary housing, transportation, childcare, after-school care, food assistance, etc.)
How Services will lead to intended outcomes and contribute to the city’s effort to reduce violence
Through the experience ODAT has gained with Beyond Violence and the Advance Peace model, we know that the services offered will result in positive outcomes for each participant because evidence-based models are being utilized to provide service. These models are effective for the following reasons:
o The AP model identifies the highly influential individuals who are perpetrators or victims of violence and invests in their development, health, and healing rather than being punitive.
o The AP model focuses on changing highly influential individuals who have the leadership capability to influence others to make positive changes. o The AP and Beyond Violence models both focus on building trust and healing by recognizing trauma and working to heal that trauma through trauma-informed support and care.
o The AP model tailors street outreach to individuals through a Life MAP (Management Action Plan), knowing that street face-to-face outreach is one of the best strategies for reaching marginalized communities and presenting to them a positive alternative life option opportunity. The Beyond Violence Model also utilizes face-to-face outreach at the bedside as well as a patient created self- identified Action Plan.
o The AP Street outreach and Peacemaker Fellowship are organized around positive mental health and emotional regulation supports (Healthy human development and healing from unaddressed traumas that contribute to violence for the individuals in the Peacemaker Fellowship.) By healing trauma, we open the participants’ ability to choose healthier life options.

Total Project Budget Amount: $309,823.00
Fiscal Sponsored CI: $30,982.30
Staff Costs:

Executive Director (1/4 time) $26,000.00
Project Manager/FT $87,859.00
Inerventionist/ Outreach Workers/FT $71,884.00
Inerventionist/ Outreach Workers/PT (20hrs) $33,280.00
Total Staffing Cost $219,023.00
Program Success Support
Staff Trainings and Development $1,200.00
Sub Contractorprogram structure, data collection &
evaluation. $13,500.00
Total Staffing Cost $14,700.00
Program Supplies/Materials
Cell Phone (2) $1,200.00
Mileage $3,600.00
Office and program supplies $1,800.00
*Computer & software $5,000.00
Marketing $3,000.00
Total Staffing Cost $14,600.00
Discretionary Client Fund: Cost per client*15 *Funds
can be shifted around based on client needs.
*Educational/Vocational Training Costs/Job Readiness $34,000.00 *Transportation Expenses $9,000.00
*Food/Groceries Asst/ Extreme Hardship $9,000.00
Client Incentives $4,500.00
Total Client Fund $56,500.00
Contingency $5,000.00
Cost to Operate $340,805.30
City of Antioch California
Violence Intervention and Prevention
2023-2024

Page 17 of 20 ends

Payment Schedule
Compensation
City will compensate ODAT as the Service Provider in the amount of three hundred and forty thousand eight hundred and six dollars $340,806 through June 30, 2024, notwithstanding anything contrary in ODAT’s Proposal.

Authorized Reimbursements
City will reimburse ODAT for the following expenses and amounts upon receipt of an invoice and supporting documentation. The Agreement authorizes no other reimbursement, and the City will not provide payment for the reimbursement of any expense other than those listed below, which are further described in ODAT’s Budget Proposal.

The Contract Administrator, in its sole discretion, may authorize in advance and in writing the reallocation of funds described in this Payment Schedule, except in no case shall any authorization increase the amount authorized for by Section 2 of the Agreement for the term of the Agreement or conflict with the City’s obligations under the CalVIP program.

Page 18 of 20 ends

EXHIBIT B

CALVIP ADDITIONAL TERMS AND CONDITIONS
To the extent the terms and conditions below conflict with any other term of the Agreement, the terms and conditions below shall prevail.

General Terms and Conditions

1. AUDIT: Consultant agrees that the City, BSCC, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Consultant agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Consultant agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Consultant agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

2. DISPUTES: Consultant shall continue with the responsibilities under this Agreement during any dispute.

3. TERMINATION FOR CAUSE: The City may terminate this Agreement and be relieved of any payments should the Consultant fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the City may proceed with the work in any manner deemed proper by the City. All costs to the City shall be deducted from any sum due the Consultant under this Agreement and the balance, if any, shall be paid to the Consultant upon demand.

4. RECYCLING CERTIFICATION: Upon request by the City, Consultant shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub.

Contract Code §12205).

5. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Consultant and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant shall insure that the evaluation and treatment of employees and applicants for employment are free of such

Page 19 of 20 ends

discrimination. Consultant and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

6. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

Full link: http://bscchomepageofh6i2avqeocm.usgovarizona.cloudapp.usgovcloudapi.net/ccc-042017- contractor-certification-clause/

7. TIMELINESS: Time is of the essence in this Agreement.

8. COMPENSATION: The consideration to be paid Consultant, as provided herein, shall be in

9. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

10. LOSS LEADER:If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

Page 20 of 20 ends

Special Terms and Conditions

1. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
Consultant must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement.

2. UNION ACTIVITIES
Consultant acknowledges that applicability of Government Code §§16654 through 16649 to this Agreement and agrees to the following:

A. No State funds received under the Agreement will be used to assist, promote or deter union organizing.

B. Consultant will not, for any business conducted under the Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings.

C. If Consultant incurs costs or makes expenditures to assist, promote or deter union organizing, Consultant will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Subgrantee shall provide those records to the Attorney General upon request.

3. WAIVER
The parties hereto may waive any of their rights under this Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

P
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of June 25, 2024

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Michael Mellone, Lieutenant of Police

APPROVED BY: Brian Addington, Interim Chief of Police

SUBJECT: Agreement with Motorola Solutions for the Sole-Source Purchase of Handheld Two-Way Radios for Emergency Communications and the Approval of a Subscriber Services Agreement for Related Wireless Radio Services for a Total Not to Exceed $995,229.18

RECOMMENDED ACTION

It is recommended that the City Council adopt a resolution authorizing the Acting City Manager to purchase 78 Motorola APX Next portable radios with five-year subscriber services agreements, in a form approved by the City Attorney, for the Antioch Police Department and Code Enforcement Division personnel for a total not to exceed $995,229.18.

FISCAL IMPACT

The cost to purchase 78 emergency two-way radios, and five years of required subscriber services, is $995,229.18. The first installment ($497,614.59) is included in the FY 24 General Fund Police Department budget. The second installment of $497,614.59 will be paid from American Rescue Plan Act (ARPA) funds budgeted in FY25.

DISCUSSION

The Police Department has 145 portable two-way emergency radios, which are used by Police Department and Code Enforcement staff members for field communications. The Police Department was informed these radios have exceeded their serviceable life, will no longer be supported by the manufacturer, and need replacement to be brought up to current technological standards. The cost to purchase 145 radios is more than 1.7 million dollars, so staff recommends a scheduled replacement over the next four (4) years to provide reliable emergency radio communications for the Police and Code Enforcement Departments.

Staff recommends purchase of APX Next handheld radios from Motorola Solutions to help

Antioch City Council Report
June 25, 2024 Agenda Item #P 2

address a communications gap in the Southwest area of the City. This area, which includes all streets and neighborhoods south of James Donlon Boulevard from the western edge of the city to Golf Course Drive, lacks reliable radio communications due to a coverage shadow created by hills adjacent to this area blocking signal from the closest radio tower located on Kregor Peak near Clayton. Police Department staff have expressed concerns about responding to calls in these areas because their radios lack reliable communications.

On December 10, 2021, Antioch Police Department (APD) officers responded to an active shooter incident on Dove Court, which is a location impacted by the lack of reliable radio communications. During the ensuing hours-long standoff, APD officers and tactical teams were unable to effectively communicate with their radios. The California Department of Justice (DOJ) recently issued a report on the incident titled Policy and Practice Recommendations for the Antioch Police Department Related to the Officer- involved Shooting of Guadalipe Zavala on December 10, 2021 Their main recommendation was for the Police Department to upgrade their radio communications equipment:
(p. 2).

The APX Next handheld radio from Motorola Solutions is able to automatically switch from our primary radio system to the FirstNet/AT&T Wireless Network to provide seamless communications, which is a feature the radios needing replacement do not have. The Police Department received five trial APX Next radios for a 30-day period. These radios were provided to Police Officers who work the Southwest area of Antioch, and they were asked to provide feedback on their reliability. The trial participants all reported the radios worked flawlessly in the identified areas lacking primary radio coverage. They also reported the APX Next radio worked inside of both major hospitals in the City Sutter Delta Medical Center and Kaiser-Sand Creek. Both hospitals, which are frequented by Police Department staff responding to and investigating both routine and emergency calls for service, are constructed of building materials that block the radio signal on existing Police Department radios, requiring officers to step outside or use their cellphones to communicate with Police Dispatch.

Police Department staff, including Patrol Officers, Detectives, and Community Service Officers, frequently leave our primary radio coverage area to conduct follow-up investigations, prisoner and citizen transports from other facilities, and training. With our existing radios, they would have to use cellphones to call the Police Department Dispatch Center and ask their messages to be relayed to other Officers and supervisors. This creates a delay in communication, which impacts supervisor and Officer awareness. The APX Next radios the Police Department wishes to purchase will operate throughout California where FirstNet and AT&T Wireless provide service, which greatly expands our existing coverage area, and assists with mutual aid response to disaster areas throughout the State.

The Motorola APX Next handheld radio has global positioning system (GPS) technology which would allow Police Dispatchers and supervisors to locate an Officer immediately.

This feature is not available on existing Police Department radios needing replacement, and enhances Officer safety, supervision, and assists with location of lost or stolen Antioch City Council Report
June 25, 2024 Agenda Item #P 3

devices.

The Police Department, like all municipal public safety agencies in Alameda and Contra Costa Counties receive primary emergency radio service from the East Bay Regional Communications System Authority (EBRCSA). The Motorola APX Next handheld radio is the only device compatible with the existing radio infrastructure used by the EBRCSA.

Staff requests authorization to enter into a sole-source purchase agreement with Motorola Solutions, since other radio manufacturers do not have this compatibility.

It is the intent of staff to request additional City Council approval in subsequent years to continue this planned replacement of Police and Code Enforcement radios.

ATTACHMENTS

A. Resolution
B. Quote from Motorola Solutions
C. Subscriber Services Addendum with Motorola Solutions D. Subscriber Services Agreement with AT&T / FirstNet
E. Policy and Practice Recommendations for the Antioch Police Department Related to the Officer-involved Shooting of Guadalipe Zavala on December 10, 2021

ATTACHMENT A

RESOLUTION NO. 2024/XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING THE ACTING CITY MANAGER TO PURCHASE 78 PORTABLE TWO-

WAY RADIOS FROM MOTOROLA SOLUTIONS WITH FIVE-YEAR SUBSCRIBER

SERVICES AGREEMENTS FOR RADIO SERVICES FOR A TOTAL NOT TO EXCEED $995,229.18

WHEREAS, the City of Antioch currently utilizes handheld wireless two-way radios for public safety communications;

WHEREAS, the existing handheld radios are outdated and in need of replacement to ensure effective communication among Police Department and Code Enforcement personnel;

WHEREAS, Motorola Solutions has been identified as the sole provider capable of supplying 78 APX Next handheld radios compatible with the East Bay Regional Communications System Authority radio infrastructure utilized by the City; and

WHEREAS, the purchase of these radios will enhance the operational efficiency and safety of Police Department and Code enforcement personnel in responding to emergencies and conducting daily operations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby authorizes the Acting City Manager to purchase 78 Motorola APX Next portable radios with five-year subscriber services agreements, in a form approved by the City Attorney, for the Antioch Police Department and Code Enforcement Division personnel for a total not to exceed $995,229.18.

* * * * * * * *

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

Subscription Software Addendum 1

Subscription Services Addendum
This Subscription Services Addendum to the Communications System and Services Agreement or is
entered into between Motorola Solutions, Inc., with offices at 500 W. Monroe Street, Suite 4400, Motorola Primary
Agreement Customer ( . Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the Primary Agreement.

1. Addendum.

1.1. Scope.
an Ordering Document, related Services) from Motorola and provides additional and/or different terms and conditions that govern the sale of Subscription Services. This SSA will be subject to, and governed by, the terms of the Primary Agreement. To the extent there is a conflict or inconsistency between the terms and conditions of the SSA and an associated Ordering Document, the terms and conditions of the Ordering Document will take precedence over the SSA. Additional Subscription Services-specific Addenda or other terms and conditions may apply to certain Subscription Services, where such terms are provided or presented to Customer.

1.2. Definitions. Capitalized terms used in this SSA shall have the following meanings:

1.2.1. shall mean full-time contractors engaged for
the purpose of supporting the Subscription Services that are not competitors of Motorola, and the entities (if any) specified in an Ordering Document or otherwise approved by Motorola in writing (email from an authorized Motorola signatory accepted), which may include affiliates or other Customer agencies.

1.2.2. shall mean data Motorola collects from Customer, its Authorized Users, and their end users for business contact purposes.

1.2.3. shall mean data, information, and content, including images, text, videos, documents, audio, telemetry and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Subscription Services. Customer Data does not include Customer Contact Data, Service Use Data, or information from publicly available sources or other Third-Party Data or Motorola Data;

1.2.4. - shall mean certain components, including equipment and software, not provided by Motorola that may be required for use of the Subscription Services.

1.2.5. shall mean documentation for the Subscription Services, Motorola Software, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information.

1.2.6. shall mean hardware provided by Motorola.

1.2.7. shall mean comments or information, in oral or written form, given to Motorola by Customer or Authorized Users, including their end users, in connection with or relating to the Products or Services.

ATTACHMENT C

Subscription Software Addendum 2

1.2.8. shall mean fees and charges applicable to the Subscription Services and set forth in an Ordering Document.

1.2.9. shall mean data owned or licensed by Motorola;

1.2.10. shall mean statements of work, technical specifications, and other ordering documents setting forth the Subscription Services to be purchased by Customer and provided by Motorola.

1.2.11. shall mean any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

1.2.12. location, monitoring and recording activity, product performance and error information, activity logs and date and time of use;

1.2.13. s shall mean hosted software-as-a-service provided to Customer, and other software which is either preinstalled on Equipment or installed on Customer-Provided Equipment and licensed to Customer by Motorola on a subscription basis.

1.2.14. shall mean software which is either preinstalled on Equipment or installed on Customer-Provided Equipment and licensed to Customer by Motorola on a subscription basis associated with the Subscription Services.

1.2.15. - shall mean information obtained by Motorola from publicly available sources or its third party content providers and made available to Customer through the Subscription Services.

2. Delivery of Subscription Services.

2.1. Delivery. During the applicable Subscription Term (as defined below), Motorola will provide to Customer the Subscription Services set forth in an Ordering Document, in accordance with the terms of this SSA. Motorola will provide Customer advance notice (which may be provided required for access to the Subscription Services or upon Motorola otherwise providing access to the Subscription Services. If agreed upon in an Ordering Document, Motorola will also provide Services related to such Subscription Services.

2.2. Modifications. Motorola may modify the Subscription Services, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Services may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Subscription Services may be subject to additional Fees.

2.3. User Credentials. If applicable, Motorola will provide Customer with administrative user credentials for the Subscription Services, and Customer will ensure such administrative user Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security

Subscription Software Addendum 3

of all user credentials, including any administrative user credentials, and maintain user credential validity, including by updating passwords. Customer will be liable for any use of the Subscription Services through such user credential (including through any administrative user credentials), including any changes made to the Subscription Services or issues or user impact arising therefrom.

To the extent Motorola provides Services to Customer in order to help resolve issues resulting from changes made to the Subscription Services through user credentials, including through any administrative user credentials, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms provided herein.

2.4. Beta Services. If Motorola Beta Service
available to Customer, Customer may choose to use such Beta Service at its own discretion, provided, however, that Customer will use the
evaluation of such Beta Service, and for no other purpose. Customer acknowledges and agrees that -
commitments or protections from Motorola. Motorola will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and Motorola may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies.

2.5. Equipment Title. Unless Customer is purchasing equipment pursuant to the terms in the Primary Agreement and unless stated differently in this SSA or in the Ordering Documents, title to any Equipment provided to Customer in connection with the Subscription Services remains vested in Motorola at all times. Any sale of equipment pursuant to this SSA will be governed by the terms and conditions set forth in the Primary Agreement.

3. Subscription Software License, Restrictions, and Obligations.

3.1. Subscription Software License
with this SSA, including payment terms, Motorola hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive license to use the Subscription Software identified in an Ordering Document, and the associated Documentation, solely for territory and to the number of licenses set forth in an Ordering Document (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software
provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Services remotely from any location. No custom development work will be performed under this Addendum.

3.2. End User Licenses. Notwithstanding any provision to the contrary in this SSA, certain Subscription Software is governed by a separate license, EULA, or other agreement, including terms governing third-party software, such as open source software, included in the Subscription Software.

Customer will comply, and ensure its Authorized Users comply, with such additional license agreements.

3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions in connection with their use of the Subscription Services. Customer will not, and will not allow others including the Authorized Users, to make the Subscription Software and Subscription Services available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or Subscription Services or any portion thereof to a human-readable form;

Subscription Software Addendum 4

modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software or Subscription Services with other software; copy, reproduce, distribute, lend, or lease the Subscription Software, Subscription Services or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Services, or Documentation to be placed in the public domain; use the Subscription Software or Subscription Services to compete with Motorola; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software or Subscription Services to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software, Subscription Services or its related systems or networks.

3.4. Customer-Provided Equipment. Customer will be responsible, at its sole cost and expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use the applicable Customer-Provided Equipment to provide the Subscription Services under this SSA, and such access and use will not violate any laws or infringe any third-party rights (including intellectual property rights). Customer (and not Motorola) will be fully liable for Customer- Provided Equipment, and Customer will immediately notify Motorola of any Customer-Provided Subscription Services under this SSA, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document.

3.5. Non-Motorola Content. In certain instances, Customer may be permitted to access, use, or integrate Customer or third-party software, services, content, and data that is not provided by - Subscription Services. If
Customer accesses, uses, or integrates any Non-Motorola Content with the Subscription Services, -Motorola Content in connection with the Subscription Services. Customer will also obtain the necessary rights for Motorola to use such Non-Motorola Content in connection with providing the Subscription Services, including the right for Motorola to access, store, and process such Non-Motorola Content, and to otherwise enable interoperation with the Subscription Services.

Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non-Motorola Content with the Subscription Services, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non-Motorola Content. If any Non-Motorola Content require access to Customer Data (as defined below), Customer hereby authorizes Motorola to allow the provider of such Non-Motorola Content to access Customer Data, in connection with the interoperation of such Non-Motorola Content with the Subscription Services. Customer acknowledges and agrees that Motorola is not responsible for, and makes no representations or warranties with respect to, the Non-Motorola Content (including any disclosure, modification, or deletion of Customer Data resulting from use of Non-Motorola Content or failure to properly interoperate with the Subscription Services). If Customer receives notice that any Non-Motorola Content must be removed, modified, or disabled within the Subscription Services, Customer will promptly do so. Motorola will have the right to disable or remove Non-Motorola Content if Motorola believes a violation of law, third- is likely to occur, or if such Non-Motorola Content poses or may pose a security or other risk or adverse impact to the Subscription
(including other Motorola customers). Nothing in this Section will limit the exclusions set forth in Section 14.3 Intellectual Property Infringement of the Primary Agreement.

4. Term.

Subscription Software Addendum 5

4.1. Subscription Terms. the Subscription Services
and any associated recurring Services ordered under this SSA (or the first Subscription Services or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Services (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer period identified in an Ordering Document Initial Subscription Period the Initial Subscription Period Subscription Services and any recurring Services will automatically renew for additional twelve (12) month periods (each, a Renewal Subscription Year
at least thirty (30) days before the conclusion of the then-current Subscription Term. (The Initial Subscription Period and each Renewal Subscription Year will each be referred to herein as a Subscription TermMotorola may increase Fees prior to any Renewal Subscription Year. In such case, Motorola will notify Customer of such proposed increase no later than thirty (30) days prior to commencement of such Renewal Subscription Year. Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional or subsequent Subscription Services or recurring Services under this SSA during an in-process Subscription Term, the subscription for each such additional or subsequent Subscription Services or recurring Service will (a) commence upon delivery of such Subscription Services or recurring Service, and continue until the conclusion of - Partial Subscription Year
renew for Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Services and recurring Services hereunder will be synchronized.

4.2. Term SSA Term
Date of the Primary Agreement, if this SSA is attached to the Primary Agreement as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the Primary Agreement Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Primary Agreement is earlier terminated in accordance with the terms of the Primary Agreement.

4.3. Termination. Notwithstanding the termination provisions of the Primary Agreement, Motorola may terminate this SSA (or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Services or Services, immediately upon notice to Customer if (a) Customer breaches Section 3 Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Services terms of service, Subscription Software license scope, or other terms set forth in an Addendum or Ordering Document
the Subscription Services poses, or may pose, a security or other risk or adverse impact to any Subscription Services
customers). Customer acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Subscription Services and Documentation, and this SSA will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Customer breaches this SSA, in addition to termination, Motorola will be entitled to all available remedies at law or in equity (including immediate injunctive relief).

4.4. Return of Discount. If Customer is afforded a discount in exchange for a term commitment longer than one-year, early termination by Customer will result in an early termination fee, representing a return of the discount off of list price.

4.5. Cancellation Fee. If a minimum Initial Subscription Period applies and Customer terminates prior to the end of the minimum Initial Subscription Period, Customer will be required to pay a cancellation fee of up to fifty percent (50%) of the remaining balance of subscription fees for the minimum Initial Subscription Period.

Subscription Software Addendum 6

4.6. No Refund. If a subscription is terminated for any reason prior to the end of the Subscription Term, other subscription period set forth in the Ordering Documents, or otherwise agreed to in writing by the Parties, no refund or credit will be provided.

4.7. Suspension of Services. Motorola may terminate or suspend any Subscription Services or Services under an Ordering Document if Motorola determines: (a) the related Subscription Software license has expired or has terminated for any reason; (b) the applicable Subscription Services is being used on a hardware platform, operating system, or version not approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other m.

4.8. Wind Down of Subscription Services. In addition to the termination rights in the Primary Agreement, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Subscription Services or Services to customers.

4.9. Effect of Termination or Expiration. Upon termination for any reason or expiration of the Primary Agreement, this SSA, an Addendum, or an Ordering Document, Customer and the Confidential Information in their possession or control and, as applicable, provide proof of such destruction. If Customer has any outstanding payment obligations under this SSA, Motorola may accelerate and declare all such obligations of Customer immediately due and payable by Customer.

Notwithstanding the reason for termination or expiration, Customer must pay Motorola for Subscription Services already delivered. Customer has a duty to mitigate any damages under this SSA this SSA.

5. Payment.

5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the Primary Agreement), Customer will prepay an annual subscription Fee set forth in an Ordering Document for each Subscription Services and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year.

The annual subscription Fee for Subscription Services and associated recurring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Ordering Document. Motorola will have the right to suspend the Subscription Services and any recurring Services if Customer fails to make any payments when due.

5.2. No Price Guarantee. Notwithstanding any language to the contrary, the pricing and Fees associated with this SSA will not be subject to any most favored pricing commitment or other similar low price guarantees.

5.3. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, which will be paid by Customer, except as exempt by law, unless otherwise specified in an Ordering Document. If Motorola is required to pay any Taxes, Customer will reimburse Motorola for such invoice therefore. Customer will be solely responsible for reporting the Subscription Services for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income and net worth.

5.4. Invoicing. Motorola will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of the

Subscription Software Addendum 7

invoice date or as otherwise specified in the applicable Addendum or Ordering Document. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date. Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document. Customer acknowledges and agrees that a purchase order or other notice to proceed is not required for payment for the Subscription Services.

5.5. License True-Up. Motorola will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Services during a Subscription Term, and Customer will cooperate with such audit Subscription
Services during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, Motorola may invoice Customer for the additional licenses used by Customer, pro- rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the Primary Agreement.

6. Liability.

6.1. ADDITIONAL EXCLUSIONS. -

IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE PRIMARY

AGREEMENT, AND NOTWITHSTANDING ANY PROVISION OF PRIMARY AGREEMENT TO THE

CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE

TO OR THIRD SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL

OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE

THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; (E) BETA SERVICES; (F) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA AVAILABLE THROUGH THE SUBSCRIPTION SERVICES; (G) CUSTOMER-PROVIDED

EQUIPMENT, NON-MOTOROLA CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT,

HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF SUBSCRIPTION SERVICES WITH ANY OF THE FOREGOING; (H) LOSS OF DATA OR HACKING; (I) MODIFICATION OF SUBSCRIPTION SERVICES BY ANY PERSON OTHER THAN MOTOROLA; (J) RECOMMENDATIONS PROVIDED IN CONNECTION WITH THE SUBSCRIPTION SERVICES; (K) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (L) OR ANY AUTHORIZED BREACH OF THIS SSA OR MISUSE OF THE SUBSCRIPTION SERVICES.

6.2. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the Primary Agreement or Section 6.1 Additional Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees set forth in an Ordering Document for such Services, if applicable.

7. Proprietary Rights; Data; Feedback.

7.1. Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by Data, Third-Party Data, and Documentation, are considered Motorola Materials. Except when

Subscription Software Addendum 8

Motorola has expressly transferred title or other interest to Customer by way of an Ordering Document or under the Primary Agreement, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know- how, other intellectual property and proprietary rights, and all associated goodwill and moral rights).

For clarity, this SSA does not grant to Customer any shared development rights in or to any Motorola Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, sublicense, sell, or export the Subscription Services or other Motorola Materials, or permit any third party to do so.

7.2. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except those rights granted under this SSA including the right to Process and use the Customer Data as set forth in Section 7.3 Processing Customer Data below and in other applicable Addenda.

The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and Motorola is the processor, and may engage sub- processors pursuant to Section 7.3.3 Sub-processors.

7.3. Processing Customer Data.

7.3.1. Motorola Use of Customer Data. To the extent permitted by law, Customer grants Motorola and its subcontractors a right to use Customer Data and a royalty-free, worldwide, non-exclusive license to use Customer Data (including to process, host, cache, store, reproduce, copy, modify, combine, analyze, create derivative works from such Customer Data and to communicate, transmit, and distribute such Customer Data to third parties engaged by Motorola) to (a) perform Services and provide Subscription Services under this SSA, (b) analyze the Customer Data to operate, maintain, manage, and improve Motorola products and services, and (c) create new products and services. Customer agrees that this SSA, along with the Documentation, are Customer Data. Any additional or alternate instructions must be agreed to according to the Change Order process. Customer represents
instructions, including appointment of Motorola as a processor or sub-processor, have been authorized by the relevant controller.

7.3.2. Collection, Creation, Use of Customer Data. Customer further represents and warrants that connection with the Subscription Services
accordance with this SSA, will not violate any laws or applicable privacy notices or infringe any third-party rights (including intellectual property and privacy rights). Customer also represents and warrants that the Customer Data will be accurate and complete, and that Customer has obtained all required consents, provided all necessary notices, and met any other applicable this SSA.

7.3.3. Sub-processors. Customer agrees that Motorola may engage sub-processors who in turn may engage additional sub-processors to Process personal data in accordance with this SSA.

When engaging sub-processors, Motorola will enter into agreements with the sub-processors to bind them to data processing obligations to the extent required by law.

Subscription Software Addendum 9

7.4. Data Retention and Deletion. Except for anonymized Customer Data, as described above, or as otherwise provided under this SSA, Motorola will delete all Customer Data following termination or expiration of this SSA, the applicable Addendum, or Ordering Document, with such deletion to occur no later than ninety (90) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to Motorola in writing before expiration or termination, subject to Section 17.7 Notices of the Primary Agreement. Motorola will have no obligation to retain such Customer Data beyond expiration or termination unless the Customer has purchased extended storage from Motorola through a mutually executed Ordering Document.

7.5. Service Use Data. Customer understands and agrees that Motorola may collect and use Service Use Data for its own purposes, including the uses described below. Motorola may use Service Use Data to (a) operate, maintain, manage, and improve existing and create new products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users, and (d) to use anonymized or aggregated data for marketing, research or other business purposes. Service Use Data may be disclosed to obtain any required consents, provide all necessary notices, and meet any other applicable legal requirements with respect to such collection and use, and Customer represents and warrants to Motorola that it has complied and will continue to comply with this Section.

7.6. Third-Party Data and Motorola Data. Motorola Data and Third-Party Data may be available to Customer through the Subscription Services. Customer and its Authorized Users may use Motorola Data and Third-Party Data as permitted by Motorola and the applicable Third-Party Data provider, as described in an Ordering Document or Subscription Services-specific Addendum.

Unless expressly permitted in the applicable Addendum, Customer will not, and will ensure its Authorized Users will not: (a) use the Motorola Data or Third-Party Data for any purpose other than data or otherwise misrepresent its source or ownership, or resell, distribute, sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. Additional restrictions may be set forth in the applicable Addendum.

Any rights granted to Customer or Authorized Users with respect to Motorola Data or Third-Party Data will immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or this SSA. Further, Motorola or the applicable Third-Party Data provider may suspend, -Party
Data if Motorola or such Third-
of the data violates this SSA -Party
-Party Data,
Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to Motorola. Notwithstanding any provision of this SSA to the contrary, Motorola will have no liability for Third-Party Data or Motorola Data available through the Subscription Services. Motorola and its Third-Party Data providers reserve all rights in and to Motorola Data and Third-Party Data not expressly granted in an Addendum or Ordering Document.

7.7. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for Motorola, even if designated as confidential by Customer. Motorola may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary rights and consents to grant Motorola the foregoing rights.

Subscription Software Addendum 10

7.8. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this SSA or Primary Agreement to the contrary, all fixes, modifications and improvements to the Subscription Services conceived of or made by or on behalf of Motorola that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to Motorola.

7.9. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en_us/about/privacy-policy.html#privacystatement, as may be updated from time to time. Motorola holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where Motorola is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Primary Agreement to allocate the respective roles as joint controllers.

8. Security.

8.1. Industry Standard. Motorola will maintain industry standard security measures to protect the Subscription Services from intrusion, breach, or corruption. During the term of this SSA, if the Subscription Services
a CJIS Security Addendum. Any additional security measure desired by Customer may be available for an additional fee.

8.2. Background checks. Motorola will require its personnel that access CJI to submit to a background check based on submission of FBI fingerprint cards.

8.3. Customer Security Measures. Customer is independently responsible for establishing and maintaining its own policies and procedures and for ensuring compliance with CJIS and other security requirements that are outside the scope of the Subscription Services provided. Customer must establish and ensure compliance with access control policies and procedures, including password security measures. Further, Customer must maintain industry standard security measures.

Motorola disclaims any responsibility or liability whatsoever for the security or preservation of Customer Data or Customer Contact Data once accessed or viewed by Customer or its representatives. Motorola further disclaims any responsibility or liability whatsoever that relates to or arise from Customer's failure to maintain industry standard security measures and controls, including but not limited to lost or stolen passwords. Motorola reserves the right to terminate the Subscription Services
measures negatively impacts the Subscription Services

8.4. Breach Response Plan. Both parties will maintain and follow a breach response plan consistent with the standards of their respective industries.

9. General Provisions.

9.1. Third-Party Beneficiaries. This SSA is entered into solely between, and may be enforced only by, the Parties. Each Party intends that this SSA will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third-party software included in the software Products will be a direct and intended third- party beneficiary of this SSA.

Subscription Software Addendum 11

9.2. Cumulative Remedies. Except as specifically stated in this SSA, all remedies provided for in this SSA will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this SSA, the election by a Party of any remedy provided for in this SSA or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise.

9.3. Audit; Monitoring. Motorola will have the right to monitor and audit use of the Subscription Services, which may also include access by Motorola to Customer Data and Service Use Data.

Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with Motorola in any monitoring or audit.

Customer will maintain during the Subscription Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this SSA to verify compliance with this SSA.

Motorola or a third party
premises, books, and records. Motorola will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of this SSA, in which case Customer will be responsible for such expenses and costs.

9.4. Survival. The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 Term; Section 5 Payment; Section 6.1 Additional Exclusions; Section 7 Proprietary Rights; Data, Feedback, Section 8 General Provisions, and where the context of any section indicates an intent that such section shall survive the term of this SSA, then such section shall survive.

The Parties hereby enter into this Subscription Software Addendum as of the Effective Date.

Motorola: Motorola Solutions, Inc. Customer: [___________] By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: ____________________________ Approval as to Form

___________________________________
Thomas Lloyd Smith, City Attorney
Motorola Confidential Propritary
Subscription Services Addendum
Exhibit A: FirstNet and AT&T Service Terms
Public Safety Entity (“Customer”) Responsibilities for access to and use of “First Net” Service as provided by AT&T
General.The Customer is responsible for complying with AT&T Acceptable Use Policy found atatt.com/aupand applicable AT&T Service Guides found atatt.com/servicepublications.

Privacy. The Customer is responsible for complying with all applicable privacy laws. The Customer is responsible for obtaining consent from and giving notice to its Users regarding Motorola’s and AT&T’s collection and use of User information in connection with a Service. The Customer will only make accessible or provide Personal Data to Motorola and AT&T when it has the legal authority to do so.

User Eligibility.The Customer shall verify, or assist Motorola and AT&T in verifying, as stated below, the eligibility of its Users to use the Service. The Customer is required to verify and confirm that its Users are authorized and eligible to use Service. The Customer must perform periodic audits on a regular, but not less than once per year, basis to identify any individuals who are no longer eligible for Service. The Customer must produce such information as may be requested through AT&T by the FirstNet Authority and the United States Government to verify eligibility of its users.

Limitations on the Service. THE CUSTOMER ACKNOWLEDGES THAT SERVICE IS MADE AVAILABLE ONLY WITHIN THE OPERATING RANGE OF THE NETWORKS. SERVICE MAY BE TEMPORARILY REFUSED, INTERRUPTED, OR LIMITED BECAUSE OF: (A) FACILITIES LIMITATIONS; (B) TRANSMISSION LIMITATIONS CAUSED BY ATMOSPHERIC,

TERRAIN, OTHER NATURAL OR ARTIFICIAL CONDITIONS ADVERSELY AFFECTING TRANSMISSION, WEAK

BATTERIES, SYSTEM OVERCAPACITY, MOVEMENT OUTSIDE A SERVICE AREA OR GAPS IN COVERAGE IN A SERVICE AREA AND OTHER CAUSES REASONABLY OUTSIDE OF MOTOROLA OR AT&T’S CONTROL SUCH AS,

BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE OR IMPAIR THE NETWORK OR DISRUPT SERVICE; OR (C) EQUIPMENT MODIFICATIONS, UPGRADES, RELOCATIONS, REPAIRS, AND OTHER SIMILAR ACTIVITIES NECESSARY FOR THE PROPER OR IMPROVED OPERATION OF SERVICE.

Limitations on Service of Carrier Partners. CARRIER PARTNER NETWORKS ARE MADE AVAILABLE AS-IS AND

MOTOROLA AND AT&T MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY OR QUALITY

OF ROAMING SERVICE PROVIDED BY CARRIER PARTNERS, AND MOTOROLA AND AT&T WILL NOT BE LIABLE IN ANY CAPACITY FOR ANY ERRORS, OUTAGES, OR FAILURES OF CARRIER PARTNER NETWORKS. ROAMING ON

CARRIER PARTNER NETWORKS OUTSIDE THE FIRSTNET SERVICE AREA (IF ANY) SHALL BE AVAILABLE AS DESCRIBIED IN THE SERVICE GUIDE.

User Disclosures. THE CUSTOMER UNDERSTANDS AND AGREES THAT IT: (1) HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIER; (2) IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN [CUSTOMER] AND THE UNDERLYING CARRIER; (3) THAT THE UNDERLYING CARRIER HAS NO LIABILITY OF ANY KIND TO [USER], WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE; AND (4) THAT DATA TRANSMISSIONS AND MESSAGES MAY BE DELAYED, DELETED OR NOT DELIVERED, AND 911 OR SIMILAR EMERGENCY CALLS MAY NOT BE

COMPLETED
Medical Devices (FDA and HIPAA Responsibilities). The Customer shall be responsible for FDA compliance as a “distributor” of the Device to its users. Except as necessary to provide the Service to the Customer, The Customer shall not convey any protected health information (“PHI”) to AT&T, as that term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act regulations. Motorola and/or AT&T shall not function as the Customer’s business associate in rendering the Services; such Services will be limited to providing conduit or mere data transmission services to the Customer in accordance with guidance on the “conduit exception” under HIPAA. Each Party shall bear its own costs associated with regulatory compliance.

Audits. Customer may be subject to occasional audits by AT&T or its agents to verify compliance with this Exhibit A.

10 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL AND HOUSING SUCCESSOR TO THE

ANTIOCH DEVELOPMENT AGENCY OF THE CITY OF ANTIOCH
DATE: Regular Meeting of June 25, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Teri House, CDBG/Housing Consultant
APPROVED BY:Tasha Johnson, Public Safety and Community Resources Director SUBJECT: Public Hearing to Review the FY 2024-25 Action Plan for Expending Federal CDBG, Local
Housing Successor, Permanent Local Housing Allocation (PLHA) and Energy Efficiency and Conservation Block Grant (EECBG) funding and Amending the FY 2024-25 Budget

RECOMMENDED ACTIONS
It is recommended that:

The City of Antioch as the Housing Successor to the Antioch Development Agency approve the funding recommendations of the CDBG Committee and adopt the resolution approving $4,050,000 in Housing Successor funding for homeless services and development of affordable housing outlined in the FY 2024-25 Annual Action Plan and authorizing the necessary FY 2024/25 budget adjustments (Staff Report Attachment).

The City Council approve the funding recommendations of the CDBG Committee and adopt the resolution approving the substantial amendments to the FY 2023-24 Action Plan Downtown Roadway Project to reallocate $395,346.34 and the FY 2021-22 Action Plan to reallocate $215,549.85 of remaining funds in the Downtown Roadway Project for a total of $610,896.19 to be utilized for the development of affordable supportive housing for extremely low-income and homeless households and authorizing the necessary FY 2024/25 budget adjustments (Staff Report Attachment).

The City Council approve the funding recommendations of the CDBG Committee and adopt the resolution approving the FY 2024-25 City of Antioch Action Plan, which encompasses CDBG Entitlement funds, prior year reallocated funds, use of CDBG Corona Virus (CDBG- funds, PLHA, EECBG and Housing Successor funds totaling $6,454,180 to address identified high priority needs of lower income residents of the City of Antioch and TJ
Antioch City Council Report
June 25, 2024 Agenda Item 10 2
authorizing the necessary FY 2024/25 budget adjustments (Staff Report Attachment ).

FISCAL IMPACT
All actions below authorize amendment of the City's Operating Budgets in the amounts approved by the above referenced resolutions, and total $6,454,180 in funding from the federal Department of Housing and Urban Development (HUD) for CDBG and CDBG-CV funds, and Department of Energy (DOE) for EECBG funding, as well as the State Department of Housing and Community Development (HCD) for PLHA funding.

Action #1: The recommended action has no impact on the General Fund but commits a total of $4,050,000 in Housing Successor Low Income Housing funds for FY 2024-25 to address identified high priority needs for unhoused residents and loans to construct new affordable permanent supportive housing for unhouse and lower income households.

Action #2: The recommended action has no impact on the General Fund but substantially amends the FY 2023-24 Action Plan, Downtown Roadway Project to reallocate $395,436.34 and the FY 2021-22 Action Plan to reallocate $215,549.85 remaining funds in the Downtown Roadway Project toto commit a total of $610,896.19 to be utilized for the development of affordable supportive housing for extremely low-income and homeless households.

Action #3: The recommended action has no impact on the General Fund but commits a variety of funding sources including those previously acted upon separately which in total comprise the FY 2024-25 Action Plan, including $879,893 in CDBG entitlement funds, $610,896 in reallocated CDBG funds, $184,970 in previously approved CDBG-CV funds, $4,050,000 in Housing Successor funds, $645,614 in PLHA funds, and $82,807 in EECBG funds.

BACKGROUND
The City of Antioch belongs to the Contra Costa County HOME Consortium, comprised of the cities of Antioch, Concord, Walnut Creek, Pittsburg, and the County on behalf of the other cities and areas. Each jurisdiction within the Consortium receives a separate allocation of CDBG funds from the federal
government for housing and community development activities, and HOME funds for affordable housing development. The Consortium members pool their allocations of HOME funds with the County for administration to create a larger pool to help leverage the greatest amount of funds possible to create affordable housing in the County.

To receive federal funds, the Consortium must submit a strategic plan of three or five years, known as the Consolidated Plan. The Consolidated Plan outlines the existing and future housing and community development needs and sets forth the strategies the Consortium will undertake and prioritize for using federal funds to address those needs.

The City of Antioch and all Consortium jurisdictions approved the five-year 2020-2025 Contra Costa Consortium Consolidated Plan in May 2020.

Antioch City Council Report
June 25, 2024 Agenda Item 10 3
The five-year Consolidated Plan is divided into a two-year funding cycle, followed by a three-year funding cycle. FY 20-21 and 21-22 comprise the two-year cycle, and FY 22- 23, 23-24, and 24-25 comprise the three- for FY 2024-
25 is the third year of the three-year funding and final year of the Consolidated Plan. In this year, no new applications for funding were accepted and contracts are eligible for renewal at the discretion of the City Council.

Public Comment
In accordance with HUD regulations, a public notice was published on May 25, 2024 in the East Bay Times providing availability of the FY 2024-25 Action Plan and funding, allowing 30 days for public comment on the Action Plan. The CDBG Standing Committee also received public comments at its two meetings. Public comment from the CDBG Committee meetings and those received by this writing are included in Attachment.

Affordable Housing Funding and Projects
This year the City collaborated with the County to put out a joint Request for Proposals (RFP) for affordable housing projects. The RFP was made available in September 2023 and proposals were received in December. The County received over $100 million in requests but had only $23,888,923 available across all funding sources.

The City of Antioch received three proposals, one of which was incomplete and withdrawn. The two remaining proposals were from Hope Solutions and Novin Development, which requested a total of $9.5 million in City of Antioch funding. The Housing division initially expected to make available up to $6 million in Housing Successor and PLHA funds. That changed due to various factors that affect the demand for Housing Successor and PLHA funding. After examining all permitted uses over all currently available funding streams, the current recommendation of the CDBG Committee is for $3 million in Housing Successor funding and $1,064,810 in CDBG for a total of $4,064,810 for affordable housing development at this time, with further CDBG funding that will be recommended in the next five-year Consolidated Plan period.

Following is an outline of the two proposals:

1. Hope Solutions for Hope Village Antioch at 3195 Contra Loma Blvd, proposed new construction of permanent supportive housing
Total 22 unit village on 2.17 acre parcel, with 11 one-bedroom, 10 two- bedroom, and 1 three-bedroom units for unhoused families and singles at or below 50% AMI, including 5 units affordable at 30% AMI. Additional auxiliary building for office and community space as well as a two-bedroom live-in residential manager unit. Units will be factory built to complete project quickly.

Developer is purchasing land from First Family Church
Total project estimated at $12,747,638. Request is for $1,980,205 County Measure X, $2 million Antioch Housing Successor, and $2 million Antioch Antioch City Council Report
June 25, 2024 Agenda Item 10 4

PLHA, total $8,177,740 combined city/county request, $4 million Antioch funding.

Expected construction start date if all funding is obtained early 2026 with expected completion late 2026.

Professional services provided by Hope Solutions

2. Novin Development for Grace Commons at 3415 Oakley Road, proposed new construction of permanent supportive rental housing.

Total 80 units with 43 restricted to households with incomes at 30% of the Area Median Income (AMI), 11 units at 50% AMI, and 25 units at 60% AMI plus 1 manager unit.

Project is partnership with Grace Bible Fellowship with a 99-year ground lease at $1/year on a 1.3 acre parcel, part of a 9 acre campus owned by the church.

Total project estimated at $50,871,308. Request was for $2 million County Measure X, $3 million Antioch Housing Successor, $2.5 million Antioch PLHA, total $7.5 million combined city/county request, $5.5 million Antioch funding.

Expected construction start date if all funding is obtained 4/30/2025, with expected completion 10/31/2026.

Developer requests $750,000 of the City funding as project predevelopment grant or loan to support soft costs related to civil, architecture, environmental, traffic engineering, and legal counsel related to project entitlement, as well as community engagement, to prepare for June 2024 Super NOFA application.

County Funding Although Hope Solutions was recommended for funding for one project in another city, and Novin Development for two projects in other cities, neither of their Antioch projects were recommended. Securing local (City of Antioch) funding is considered by all funders, including the County, to be a baseline of project preparedness and all Antioch projects scored low in this category without approved funding. With local funding application as well as for other funding sources from the State and other entities.

The Board of Supervisors will be making their decision on allocations on June 25, 2024.

CDBG Standing Committee
Council Members Tamisha Torres-Walker (District 1) and Mike Barbanica (District 2) comprised the CDBG Standing Committee, which met on March 28 and June 13, 2024.

At the first meeting the federal allocations had not yet been announced. This delayed the Antioch project proponents had applied. It also meant that the Committee could not consider the 2024-25 funding allocations. Instead, they reviewed the two housing Antioch City Council Report
June 25, 2024 Agenda Item 10 5
applications and heard 10-minute presentations from Hope Solutions and Novin Development for their proposed housing projects as well as public comments.

At the second meeting, Committee members
recommendations and revised staff recommendations, brief updates from the Hope Solutions and Novin teams, and again heard public comments.

Action #1 Housing Successor funding for affordable housing production and resolution
The CDBG Standing Committee recommends that Council approve Housing Successor funding most of those units, with an allocation of $1.5 million to Hope Solutions for Hope Village and $1.5 million to Novin Development for Grace Commons. This Housing Successor funding will not be able to be expended until January 2025 to meet MTC/TOC requirements, but the funding commitment will allow the developers to more successfully compete for other funding sources in the next two years.

The Committee also recommends that Council approve the maximum permitted amount of $250,000 in Housing Successor funding for homeless services including the Safe Parking Program, legal services, homeless CORE dispatch and 2-1-1 homeless services, as well as emergency rental and housing assistance, as well as up to the maximum of $250,000 for administration/staffing of the housing programs, for a total of $4,050,000.

Recommended Action
It is recommended that the City of Antioch as the Housing Successor to the Antioch Development Agency approve the funding recommendations of the CDBG Committee and adopt the Resolution approving $4,050,000 in Housing Successor funding for homeless services, administration, and development of affordable housing outlined in the FY 2024-25 Annual Action Plan (Attachment ).

Action #2 Substantial Amendment to Reallocate CDBG funds The CDBG Standing Committee recommends that Council repurpose $610,896 in unspent prior year CDBG funds awarded to the Downtown Roadway Project which constitutes a Substantial Amendment to the prior year Action Plan.

In 2023 the Downtown Roadway project received an extra $550,000 from the Housing Revolving Loan Fund, increasing the allocation for that project to $1,485,988. The City had to spend these funds or it would exceed the amount of CDBG funds permitted to be unexpended as of May 1st each year. This would have triggered sanctions from HUD.

Those housing funds were utilized for the Roadway project in March and April 2023. This action was approved by Council on February 28, 2023. Repurposing roadway funds for housing purposes allows the City to honor the original intent of the housing funds that had Antioch City Council Report
June 25, 2024 Agenda Item 10 6
to be reallocated. Using for Housing also means that the funds become a loan, not a grant, which will enable further projects to be funded in the future.

The reallocated funds to be used for Affordable Housing would have to be utilized by April 30, 2025 to keep the City from exceeding the maximum cap, just as before.

The City has been allocating funding to the Downtown roadway project for almost 20 years, and Mr. Buenting has indicated that most of the reconstruction work has now been accomplished.

CDBG funds are NOT eligible to be used for roadway maintenance, only for roadway reconstruction and accompanying curb cuts.

Various Councilmembers have indicated an eagerness to use the CDBG funding for other purposes.

For the new Consolidated Plan for 2025-30, staff will be recommending that CDBG funding be used for affordable housing purposes to the greatest extent possible providing that they can be expended in a timely manner, with Roadway as a second priority when at all possible.

Recommended Action
It is recommended that the City Council approve the funding recommendations of the CDBG Committee and adopt the resolution approving the substantial amendments of the FY 2023-24 Action Plan Downtown Roadway Project to reallocate $395,436.34 and the FY 2021-22 Action Plan to reallocate $215,549.85 remaining funds in the Downtown Roadway Project for a total of $610,896.19 to be utilized for the development of affordable supportive housing for extremely low-income and homeless households .

Action #32024-25 Action Plan
CDBG Entitlement Funding- The Committee is recommending $879,893 in 2024-25 CDBG entitlement funds, $645,614 in PLHA, and $82,807 in EECBG funding (total $1,608,314). This is in addition to $610,896 in CDBG Reallocated funding from Action #2, $184,970 approved in a prior year action, and $4,050,000 from Action #1, for a total of all funds to be committed in 2024-25 of $6,454,180. The Action Plan represents the entire scope of all funding to be invested by the City in the coming year as it is submitted to HUD to achieve High priority needs and goals for the City. Sources are as follows:
24-25
CDBG-EN*
Reallo-
cated CV** PLHA EECBG Housing
Successor
Total All
Funds
Funds Available 879,893 610,896 184,970 645,614 82,807 4,050,000 6,454,180 $ Recommended 879,893 610,896 184,970 645,614 82,807 4,050,000 6,454,180 Balance $0 $0 $0 $0 $0 $0 $0
*EN = Entitlement **CV= Corona Virus federal funds
Antioch City Council Report
June 25, 2024 Agenda Item 10 7

24-25 is $879,893, an increase of
$64,699 from the FY 2023-24 allocation of $815,194. Of these funds, CDBG Public Services are capped by HUD regulations at 15% of the grant amount plus 15% of the prior year (FY 2023-24) program income which was $0. Public Service activities are being recommended at $130,000 and fall within these parameters.

Administration of the CDBG program is capped at 20% of the grant amount which is $175,979 plus 20% of the grant fiscal year (FY 2024-25) program income (estimated to be $0.) The allocation for Administration is $175,979.

CDBG-CV Funding Council has previously approved the allocation of remaining CV funding to provide in-house fair housing, tenant/landlord, and renter assistance. The allocation in the FY 24-25 Action Plan serves to inform Council as to the amount allocated for the year. This includes Fair Housing testing of Antioch apartment complexes including hiring of testers and analysis of data, as well as the robust response to renter and landlord inquiries the City now enjoys from a full-time housing counselor

Permanent Local Housing Allocation (PLHA) PLHA funds in the amount of $645,614 are being recommended for some of the eligible Homeless services ($165,000) as well as for Housing Rehabilitation ($460,000). PLHA funding will have to pick up the majority of Housing Rehabilitation in future years, as the Housing Successor funding will be exhausted by the end of 2028 by design, as the City meets its remaining obligations to the Successor agency to provide affordable housing for lower income residents. However, the annual allocation of PLHA funds is projected to be approximately $250,000 to $350,000 annually so additional funds will have to be sought to augment the greater

Energy Efficiency and Conservation Block Grant Program (EECBG) The City is anticipating a grant from the Department of Energy of $165,614 of which $82,807 is available each year for two years. Of this, $75,000 is recommended for use with the housing rehabilitation program to provide energy-related repairs such as HVAC units, stock and reduce housing costs for lower income households, while $7,807 can be used for administration and compliance.

Housing Successor funding As previously mentioned, the Housing Successor funding of $4,050,000 which was considered in Action 1 supports affordable housing ($3,000,000), homeless services ($250,000) and administration (up to $250,000).

Recommended Action
It is recommended that the City Council approve the funding recommendations of the CDBG Committee and adopt the resolution approving the FY 2024-25 City of Antioch Action Plan which encompasses CDBG Entitlement funds, prior year reallocated funds, use of CDBG-CV funds, PLHA, EECBG and Housing Successor funds totaling Antioch City Council Report
June 25, 2024 Agenda Item 10 8
$6,454,180 to address identified high priority needs of lower income residents of the City of Antioch including homeless services, general public services, services for seniors and disabled persons, for abused and neglected youth, economic development support, fair housing investigation, tenant/landlord and renter support, housing rehabilitation and energy improvements, and first time homebuyers assistance, as well as for administration of all programs
Action Plan Priority Goals and Annual 2024-25 Strategies The adopted Priority Needs and Goals for the 2020-25 Consolidated Plan, and the proposed Strategies for 2024-25 are detailed below.

Homeless Goals (H-1 and H-2) and Strategies:For 2024-25 strategies focus relatively equally on assisting unhoused persons in the City with outreach, safe parking and emergency shelter, as well as precariously housed residents in their existing housing and out of the homeless system of care, which is struggling to assist the increasing numbers of families. Homeless services are funded by PLHA and Housing Successor funds for a total of $415,000
H-1 Goal: Permanent Housing for Homeless.
ending homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability.

H-1.1 Strategy CORE Outreach Services, Contra Costa County Health, Housing and Homeless Services ($30,000 PLHA). Program serves as an entry point into the coordinated entry system for unsheltered persons and works to identify, engage, stabilize and house chronically homeless individuals and families.

The outreach teams will contact homeless individuals in Antioch to provide basic needs, supplies, counseling, benefits assistance, linkages to healthcare, shelter placement, and referrals and transportation to C.A.R.E. Centers. 400 unsheltered Antioch persons to be served.

H-1.2 Strategy Emergency Shelter for Battered Women and their Children, STAND! For Families Free of Violence ($10,000 PLHA). Program provides emergency shelter for up to 24 women and their children fleeing domestic violence, as well as comprehensive supportive services, including food, clothing, social and legal advocacy, vocational assistance, childcare, housing referrals, and counseling. 10 battered spouses and their children to be served.

H-1.3 Strategy Winter Nights Emergency Family Rotating Shelter ($15,000 PLHA). Program provides emergency family shelter for up to 30 people in families with children. Services include shelter, food, transportation, case management, housing placement assistance and more. Shelter operates October June and moves every two weeks to different faith-based locations. 18 unsheltered Antioch residents to be served.

Antioch City Council Report
June 25, 2024 Agenda Item 10 9

H-1.4 Strategy Winter Nights Safe Parking Program Antioch ($100,000 PLHA, $70,000 HS). Program provides overnight parking for unhoused individuals and families living in their vehicles, with services for up to 25 cars/vehicles per night, 7 nights per week. Services include registration and screening of individuals, safe parking with overnight access to bathroom facilities, food, and case management, as well as showers several times a week. Parking program will operate year round. 50 homeless Antioch residents to be served.

H-2 Goal: Prevention of Homelessness. Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling.

H-2.1 Strategy Bay Area Legal Aid, Housing and Homeless Prevention ($25,000 HS). To prevent homelessness and preserve affordable housing, BayLegal attorneys provide legal services to clients in Contra Costa County facing illegal evictions, discrimination, foreclosures, substandard habitability issues, and other housing rights violations. 100 at-risk persons to be served.

H-2.2 Strategy Crisis/2-1-1 Homeless Services, Contra Costa Crisis Center ($10,000 HS). Program provides 24/7 mental health crisis intervention services and a 2-1-1 information and referral service using full-time professional staff & highly trained volunteers and serves as the primary contact and gateway into the homeless coordinated entry system. Antioch funding for homeless-related calls only. 1,000 homeless/at risk individuals to be served.

H-2.3 Strategy Nourishing Lives, Feeding Homeless and At-Risk, Loaves and Fishes $10,000 PLHA). Program provides hot, nutritious meals Monday through Friday in Antioch dining room, located at 403 West 6th Street, in the surrounding lower income areas census tracts of 3050.00, 3060.03, 3071.02, and 3072.02. Partnering with other agencies, clients are also offered safety net services such as medical, shelter, and registration for Cal Fresh. 350 persons to be served.

H-2.4 Strategy SHELTER Inc., Homeless Prevention/Rapid Rehousing ($145,000 HS) Program prevented homelessness for households at-risk of homelessness and rapidly re-housed households who were homeless by providing short-term financial assistance for move-in costs or past due rent. 200 persons to be assisted

Total of eight (8) programs to address homelessness recommended at $415,000.

Non-Housing Community Development Goals (CD-1 CD-8) and Strategies

Public Services (CD-1 CD-5)

Antioch City Council Report
June 25, 2024 Agenda Item 10 10

CD-1 Goal: General Public Services. Ensure that opportunities and services are provided to improve the quality of life and independence for lower income persons and ensure access to programs that promote prevention and early intervention related to a variety of social concerns.

CD-1.1 Strategy Antioch Cancer Support Community ($10,000 CDBG-EN).

Program provides services at Antioch facility to lower income households with cancer and their family members and other caregivers, as well as survivors, providing psychosocial support, integrative therapies and community navigation. 14 persons to be served.

CD-1.2 Strategy Technology Center Training, Opportunity Junction ($10,000 CDBG-EN). Program provides low-income workers, jobseekers, and seniors with accessible training in computer applications, English as a Second Language, typing, and Spanish in the evening. The Technology Center operates Monday through Thursday from 5 pm to 9 pm and also offers free access to computers and the Internet. Program is especially geared to persons with limited English proficiency. 75 persons to be served.

CD-1.3 Strategy RotaCare Free Medical Clinic, St. Vincent de Paul of Contra Costa County ($10,000 CDBG-EN). Program provides a 4-exam room clinic that was built and developed by St. Vincent de Paul, and the clinic provides free urgent and chronic medical care to the uninsured. The clinic is staffed by a full-time clinic operations manager and a part-time Nurse Care Coordinator for patient follow up for patients experiencing chronic diseases. Care is provided by the volunteer Medical Director and additional volunteer medical professionals including physicians, nurses, social workers, health educators. All services are provided free of charge including physician/nurse treatment, pharmaceuticals, lab services, x- rays, MRIs, Ultrasounds, and diagnostics. Patients are referred for free surgical and specialty care. Bilingual support for all services is provided. 240 persons to be served.

Total of three (3) programs for General Public Services recommended at $30,000.

CD-2 Goal: Non-Homeless Special Needs. Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly and frail elderly, victims of domestic violence, persons with HIV/AIDS, persons with mental, physical and developmental disabilities, abused children, illiterate adults and migrant farm workers.

CD-2.1 Strategy/Seniors & Disabled Bedford Center Adult Day Health Care, Choice in Aging ($10,000 CDBG-EN). Program provides adult day health care to frail elderly, adults with severe mental or physical disabilities, and persons with dementia, allowing respite for family caregivers while client receives individualized nursing care, mental health care, and therapies (physical, occupational, music, and horticultural therapy). 28 disabled persons to be served Antioch City Council Report
June 25, 2024 Agenda Item 10 11

CD-2.2 Strategy/Victims of Domestic Violence (DV) Navigation for Victims of DV, Abuse Trafficking, CC Family Justice Alliance ($10,000 CDBG-EN).).

Program provides navigation services to victims of domestic violence, sexual assault, child abuse, elder abuse, and human trafficking. Services are provided at the Family Justice Center, which brings public and private providers together under one roof to provide wrap-around services. 300 persons to be served.

CD-2.3 Strategy/Seniors - Senior Legal Services, Contra Costa Senior Legal Services ($10,000 CDBG-EN). Program provides free legal counseling, advice, representation and litigation services to seniors in connection with their housing, income maintenance, consumer and individual rights, and other elder law issues. 100 persons to be served.

CD-2.4 Seniors/Disabled Advocacy in Care Facilities, Empowered Aging ($10,000 CDBG-EN). Program provides dependent adults and elderly residing in long-term care facilities with access to safe and secure environments through the advocacy of trained and certified Ombudsmen who investigate abuse, ensure compliance of facilities, facilitate & execute advanced health care directives and provide training to nursing home staff. 125 disabled and frail elderly to be served.

CD-2.5 Strategy/Seniors & Disabled Independent Living Skills, Lions Center for the Visually Impaired ($10,000 CDBG-EN). Program provides in- home independent living skills instruction and training to visually impaired adults so they will maintain their independence and avoid institutionalization. 30 persons to be served.

CD-2.6 Strategy/Seniors Care Management, Meals on Wheels Diablo Region ($10,000 CDBG-EN). Program provides an array of services to help older adults and their families meet long-term care needs, including assistance in resolving critical issues affecting financial and physical health and wellness to help them live as independently as possible. $20k in funding provides for emergency pool to be administered by MOWDR and shared by the Cares Program and Contra Costa Senior Legal Services for emergency assistance to vulnerable low-income seniors. 150 seniors to be served.

CD-2.7 Seniors/Disabled Meals on Wheels Food Delivery, Meals on Wheels Diablo Region ($10,000 CDBG-EN). Program delivers seven nutritious meals each week to frail, home bound seniors and disabled adults to help them live at home in safety, comfort, and with dignity for as long as they can. Seniors benefit from daily health and wellness checks from volunteer drivers and ongoing client monitoring through in-home visits by outreach workers. 300 seniors to be served.

Total of seven (7) programs for Special Needs populations (elderly, disabled, victims of domestic violence) recommended at $70,000.

Antioch City Council Report
June 25, 2024 Agenda Item 10 12

CD-3 Goal: Youth. Increase opportunities for children/youth to be healthy, succeed in school, and prepare for productive adulthood. City of Antioch focuses on abused and neglected youth.

CD-3.1 Strategy/Youth from Homeless Families Emergency Child Shelter Services, Bay Area Crisis Nursery ($10,000 CDBG-EN). provides short-term residential/shelter services and emergency childcare for children ages birth through five years for 30 days within a 6-month period. New daytime crisis childcare provided from 7 am - 7 pm daily with access for 30 days within a 6-month period. 15 youth to be served.

CD-3.2 Strategy/Abused & Neglected Youth Child Sexual Assault Intervention through the , Community Violence
Solutions ($10,000 CDBG-EN).). Program provides child sexual assault and physical abuse victims aged 2-17 years and their non-offending family members services including forensic interview, advocacy, case management, and mental health services. 65 abused youth to be served.

CD-3.3 Strategy/Abused & Neglected Youth Serving Foster Children, Court Appointed Special Advocates ($10,000 CDBG-EN). Program provides advocacy, mentoring and representation services to abused and neglected children who are wards of the County Juvenile Dependency Court to improve access to social services, health care, therapeutic services and a safe and permanent living situation. 40 foster youth to be served.

Total of three (3) programs for abused and neglected youth recommended for $30,000.

CD-4 Goal: Fair Housing. Continue to promote fair housing activities and affirmatively further fair housing to eliminate discrimination in housing choice in the City of Antioch.

CD-4.1 Strategy Fair Housing Services, City of Antioch ($75,000 CDBG-CV Prior Allocation) Program investigates complaints of alleged housing discrimination and provides fair housing counseling services, including advice, mediation and litigation, and outreach and education to residents and landlords to ensure fair housing opportunity. 50 persons to be served.

CD-5 Goal: Tenant/Landlord Counseling. Support the investigation and resolution of disagreements between tenants and landlords, eviction prevention and education for tenants, and education of tenant and landlord rights and responsibilities under federal, state and existing and new City renter protections, to help prevent people from becoming homeless.

CD-5.1 Strategy Tenant/Landlord Services, City of Antioch ($109,970 CV Prior Allocation). Program provides landlord/tenant counseling services and legal Antioch City Council Report
June 25, 2024 Agenda Item 10 13

services to Antioch tenants and landlords on their rights and responsibilities under federal, state and local housing laws. 150 persons to be served.

Economic Development (CD-6)

CD-6 Goal: Economic Development. Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low- and low-income residents, and increase the viability of neighborhood commercial areas.

CD-6.1 Strategy Road to Success for Childcare Businesses, COCOKids ($20,000 CDBG-EN). Program benefits lower income residents by providing microenterprise assistance for those who want to maintain or start stable small businesses as licensed home-based family childcare providers. 18 micro- enterprises to be served.

CD-6.2 Strategy Small Business Support Program, Monument Impact ($20,000 CDBG-EN). Program assists Latinx immigrants to formalize and license their small, family-owned businesses by providing highly individualized services that address the language, technology and financial barriers that immigrant entrepreneurs face. 6 microenterprises to receive assistance.

CD-6.3 Strategy Administrative Careers Training (ACT) Program, Opportunity Junction ($60,000 CDBG-EN). Program trains and places low- income job seekers into administrative careers. ACT integrates computer training with life skills, case management, paid experience, mental health services, career skills, job placement, and long-term alumni follow-up. 2 persons to be trained & placed with hiring partners.

CD-6.4 Strategy Entrepreneurship Program, Renaissance
Entrepreneurship Center ($20,000 CDBG-EN). Program serves English and Spanish speaking low-income residents with intensive small business training, classes, individual consulting, network development, and access to capital services to develop the business skills and acumen, and access the resources and networks needed to create thriving microenterprise small businesses. Train 15 persons and assist a minimum of 2 microenterprises.

Administration (CD-9)

CD-9 Goal: Administration. Support development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administer federal grant programs in a fiscally prudent manner.

CD-9.1 Strategy Administration of CDBG Program, City of Antioch ($175,979 CDBG-EN, $250,000 HS, $20,614 PLHA, $7,807 EECBG). Program supports the development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector Antioch City Council Report
June 25, 2024 Agenda Item 10 14

and administering federal grant programs in accordance with HUD regulations, including: competitive and compliant procurement procedures, monitoring of performance and compliance; and effective financial controls and procedures to prevent fraud, waste or abuse.

Affordable Housing Goals and Strategies (AH-1 AH-5)

AH-1 Goal: Increase Affordable Rental Housing Supply. Expand housing opportunities for extremely low-income, very low-income, and low-income households by increasing the supply of decent, safe, and affordable rental housing.

Project funded under Supportive Housing also have units for general rental housing without supportive services, but will be counted under AH-2 goal.

AH-2 Goal: Increase Affordable Supportive Housing. Expand housing opportunities for persons with special needs, including seniors, persons with disabilities, persons with HIV/AIDS, veterans, and the homeless, by increasing appropriate and supportive housing.

AH 2.1 Strategy Hope Solutions Hope Village at 3195 Contra Loma Blvd. ($1,064,810 CDBG-EN + $1,500,000 HS, total $2,564,810). Project is new construction 22-unit permanent supportive housing village on 2.17 acre parcel, with 11 one-bedroom, 10 two-bedroom, and 1 three-bedroom units for unhoused families and singles at or below 50% AMI, including 5 units affordable at 30% AMI.

Additional auxiliary building for office and community space as well as a two- bedroom live-in residential manager unit. Land purchase from First Family Church.

Total project @ $13 million. Expected start date is late 2026. 22 households with needs for supportive services to be permanently housed annually.

AH 2.2 Strategy Novin Development, Grace Commons at 3415 Oakley Road ($1,500,000 HS), proposed new construction of permanent supportive rental housing and regular rental housing. Total 80 units with 43 restricted to households with incomes at 30% of the Area Median Income (AMI), 11 units at 50% AMI, and 25 units at 60% AMI plus 1 manager unit. Project is partnership with Grace Bible Fellowship with a 99-year ground lease at $1/year on a 1.3 acre parcel, part of a 9 acre campus owned by the church. Total project @ $51 million with expected construction start date if all funding is obtained by 2027. 80 households with approximately 54 with supportive services to be permanently housed annually.

AH-3 Goal: Maintain and Preserve Affordable Housing. Maintain and preserve the existing affordable housing stock, including single family residences owned and occupied by lower-income households, multi-family units at risk of loss to the market, and housing in deteriorating or deteriorated lower income neighborhoods.

AH-3.1 Strategy Antioch Home Ownership Program (AHOP), Bay Area Affordable Homeownership Alliance ($50,000 HS). Program helps lower Antioch City Council Report
June 25, 2024 Agenda Item 10 15
income Antioch renters, employees of Antioch businesses, and others become Antioch homeowners by providing HUD approved homebuyer education (8 hrs) and counseling, reviewing applications, assistance to identify down payment subsidies including City down payment loans, and connection with lenders. 8 lower income households to purchase homes.

AH-3.2 Strategy AHOP Loans and Grants ($500,000 HS).Funding will be used to provide closing cost grants and down payment assistance to qualified lower income households wishing to purchase their home in Antioch. HS funds will be utilized for households with incomes up to 80% of area median, and PLHA for households with incomes between 81-120%, Funds augmented by other sources such as WISH funds and other, as these sources become available. 8 lower income households to purchase homes (same households as above AH-3.1).

AH-3.3 Strategy Homeowner Housing Rehabilitation, Habitat for Humanity East Bay/Silicon Valley ($460,000 HS).Project helps lower income single-family homeowners to rehabilitate their homes and improve accessibility and livability, especially for elderly and disabled homeowners.15 households (2 loans, 13 grants) to be served.

AH-4 Goal: Reduce household energy costs. Increase housing and energy security to make housing more affordable to lower income households by reducing the consumption of energy.

AH-4.1 Strategy Homeowner Housing Rehabilitation Energy Improvements, Habitat for Humanity East Bay/Silicon Valley ($75,000 EECBG).Project will help lower income homeowners with heating and air conditioning, heat pumps, insulation, and other energy saving repairs, equipment, and remedies , administered by
Habitat for Humanity of East Bay/Silicon Valley. Households will be counted in AH-3.3 Housing Rehabilitation above.

AH-5 Goal: Expand community resilience to natural hazards. Increase resilience to natural hazards of housing stock occupied by lower income residents.

No strategies recommended for 2024-25.

ATTACHMENTS
Resolution Adopting the 2024-25 Housing Successor Funding Recommendations for the 2024-25 Annual Action Plan
Resolution Adopting the Substantial Amendment to the FY 2021-22 and 2023-24 Action Plans/2020-25 Consolidated Plan
Resolution Adopting the FY 2024-25 City of Antioch Action Plan which encompasses CDBG Entitlement funds, prior year reallocated funds, use of CDBG-CV funds, PLHA, EECBG and Housing Successor funds totaling $6,454,180.

RESOLUTION NO. 2024/**

RESOLUTION OF CITY OF ANTIOCH AS THE HOUSING SUCCESSOR TO THE

ANTIOCH DEVELOPMENT AGENCY APPROVING FUNDING FOR HOUSING AND HOMELESS PROGRAMS FOR FISCAL YEAR 2024-2025 AND AUTHORIZING THE NECESSARY FY 2024/25 BUDGET ADJUSTMENTS
WHEREAS, SB 341 (Chapter 796, Statutes of 2013) modifies expenditure and accounting rules for Housing Successor agencies that have taken over housing functions for former redevelopment agencies, and permits the expenditure of up to $250,000 per fiscal year on homelessness prevention and rapid rehousing services if the housing successor has fulfilled all replacement, affordable housing production, and monitoring, database compilation and web site publication requirements; WHEREAS,Health and Safety Code § 34176.1(a)(1) specifies, in part, that housing successors may also expend up to $250,000 to monitor and preserve long-term affordability of units subject to affordability restrictions or covenants and administer certain activities;
WHEREAS, the City of Antioch has fulfilled the aforementioned requirements and wishes to help prevent and address the issues of homelessness in the City; WHEREAS,FY 2024-25 is the third year of the FY 2022-25 three-year funding cycle, and the final year of the 2020-2025 Consolidated Plan period, during which extensive outreach was conducted to obtain services to best fill identified high priority needs for housing and services to benefit lower income residents in the City of Antioch; WHEREAS, the Council CDBG Standing Committee carefully considered all programs and made recommendations for funding which constitute the draft 2024-25 Action Plan,
WHEREAS,the Committee recommends funding in the amount of $4,050,000 from the Housing Asset Fund to be used for homeless services not to exceed $250,000, administration Housing activities, and affordable housing development and preservation as allocated below;
WHEREAS, the City of Antioch as the Housing Successor met on June 25, 2024, FY 2024-25 Annual Action Plan; and
WHEREAS,the Director of Finance has confirmed that there are sufficient, unencumbered funds to take this action.

NOW, THEREFORE, IT BE RESOLVEDthat the City of Antioch as the Housing Successor to the Antioch Development Agency hereby designates $4,050,000 in Housing Successor (HS) funds for Homeless housing and prevention programs, housing activities and administration as specified below and authorizes the necessary FY 2024/25 budget adjustments:
* * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch as the Housing Successor to the Antioch Development Agency at a regular meeting thereof, held on the 25th day of June 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
Priority Applicant Project Name HS Fund
Total funding available: $4,050,000
H-1 Permanent Housing for Homeless
H-1.4 Winter Nights Family Shelter, Inc. Outreach & Safe Parking Program 70,000 4 Homeless Shelter Subtotal: 70,000
H-2 Prevention of Homelessness
H-2.1 Bay Area Legal Aid Housing & Homelessness Prevention 25,000 H-2.2 Contra Costa Crisis Center Crisis / 211 Contra Costa 10,000 H-2.4 SHELTER, Inc. Homeless Prevention Program 145,000 5 Homeless Prevention Subtotal: 180,000
11 Total Homeless Programs Subtotal Homelessness funding: 250,000 CD-8 Administration of Homeless & Housing Programs
CD-8.1 City of Antioch Administration 250,000
5 Administration Subtotal: 250,000
AH-2 Affordable Housing Development of Permanent Supportive Housing AH-2.1 Hope Solutions & Faith Partnership Hope Village Antioch 22 units 1,500,000 AH-2.2 Novin Development & Faith Partnership Grace Commons 80 units 1,500,000 AH 3 Maintain and Preserve Affordable Housing
AH-3.1 Bay Area Affordable Homeownership Alliance Antioch Home Ownership Program 50,000 AH-3.2 City of Antioch AHOP Loans and Grants 500,000
3 Housing activities for Low/Mod Households Subtotal Housing Activities: 3,550,000 TOTAL HOUSING SUCCESSOR FUNDING $4,050,000
RESOLUTION NO. 2024/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

SUBSTANTIALLY AMENDING THE
FY 2021-2022 and FY 2023-24 ACTION PLANS FOR THE CITY OF ANTIOCH AND AUTHORIZING THE NECESSARY FY 2024-25 BUDGET ADJUSTMENTS WHEREAS,the City of Antioch has been designated by the U.S. Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant Funds to help develop viable urban communities through the provision of decent housing, a suitable living environment, and economic opportunity for lower income residents;
WHEREAS,as a condition of funding, HUD requires that recipient jurisdictions prepare a five-year planning document or Consolidated Plan, to detail how funds will be expended to benefit eligible populations during the plan period, and such plan for 2020- 25 was approved by the Antioch City Council and submitted by the Contra Costa CDBG/HOME Consortium and approved by HUD;
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a one-year Action Plan as a subsidiary document to the Consolidated Plan, to indicate how funds will be expended to meet high priority goals and benefit eligible populations in each year of the five-year Consolidated Plan period;

WHEREAS
Participation Plan which defines the conditions that warrant a Substantial Amendment to the plans and requires notifying the public of changes in the allocation of funding and solicit public comment for a minimum of 30 days prior to Council consideration of the action;
WHEREAS, on May 24, 2024 the City advertised its intention to substantially amend the 2020-25 Consolidated Plan and the 2021-22 Action Plan - Downtown Roadway Project to reallocate $215,549.85 remaining funds, as well as the 2023-24 Action Plan - Downtown Roadway Project to reallocate $395,436.34 in funding for a total of $610,896.19 to be allocated in the 2024-25 Action Plan for the development of 22 affordable supportive housing for extremely low-income and homeless households to be provided by Hope Solutions, and solicited public comments for a minimum of 30 days prior to the action; and
WHEREAS, the City of Antioch has determined that the expenditure of these funds will have the cumulative effect of advancing the Consolidated Plan objectives in the short and long-term;
WHEREAS,no public comment was received on this matter by the time of this staff report, and a summary of all public comment received both prior to and at the Public Hearing before City Council on June 25, 2024 will be submitted to HUD.

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

The City hereby determines that it is appropriate to submit the revised City of Antioch FY 2021-22 and 2023-24 Action Plans submitted to the U.S. Department affirmatively further fair housing, as follows:

Year
IDIS
Activity
#
Agency Program
CDBG
Balance
Deduction
$
CDBG
Revised
Reallocation
$
2021-22 741 City of Antioch Downtown Roadway Project
(balance remaining) $215,549.85 0
2023-24 778 City of Antioch Downtown Roadway Project
(balance remaining) $395,346.34 0
2024-25 None yet Hope Solutions Hope Village Antioch $610,896.19 $610,896.19 $610,896.19
The FY 2024/25 City Operating Budget is hereby amended for the necessary adjustments to implement the revised Action Plans.

The Acting City Manager, or designee, (1) shall be the City representative to submit the draft FY 2024-2025 Action Plan and all understandings and assurances contained therein, (2) is hereby directed and authorized to disburse funds and execute all attendant documents and agreements in a form approved by the City Attorney
programs, activities and projects as designated in the City of Antioch FY 2024-25 Action Plan, and (3) shall act in connection with the submission and provide such additional information as may be required.
* * * * * * *
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 25thday of June, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________

ELIZABETH HOUSEHOLDER
RESOLUTION NO. 2024/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADOPTING THE 2024-25 ACTION PLAN FOR THE CITY OF ANTIOCH AND AUTHORIZING THE NECESSARY FY 2024-25 BUDGET ADJUSTMENTS
WHEREAS,the City of Antioch has been designated by the U.S. Department of Housing and Urban Development (HUD) as a community entitled to receive, by allocation, Community Development Block Grant Funds to help develop viable urban communities through the provision of decent housing, a suitable living environment, and economic opportunity for lower income residents;
WHEREAS,as a condition of funding, HUD requires that recipient jurisdictions prepare a five-year planning document or Consolidated Plan, to detail how funds will be expended to benefit eligible populations during the plan period; WHEREAS,members of the Contra Costa CDBG/HOME Consortium, including the cities of Antioch, Concord, Pittsburg, Walnut Creek, and the County as representative of the urban cities, have prepared for adoption by each jurisdiction and submission to HUD, the Contra Costa CDBG/HOME Consortium 2020-25 Consolidated Plan (Consolidated Plan);
WHEREAS, as a condition of funding, HUD requires recipient jurisdictions to prepare a one-year Action Plan as a subsidiary document to the Consolidated Plan, to indicate how funds will be expended to benefit eligible populations in each year of the five-year Consolidated Plan period;
WHEREAS, the City of Antioch has been allocated by HUD the amount of $879,893 in CDBG-EN (Entitlement) funds for Fiscal Year 2024-25;

WHEREAS
has chosen to allocate all CDBG funds to a number of programs, activities and projects -income
persons; and
WHEREAS, the City of Antioch has determined that the expenditure of these funds will have the cumulative effect of advancing the Consolidated Plan objectives in the short and long-term.

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

The City's FY 2024-25 Operating Budgets are hereby amended for the necessary adjustments in the amounts approved in the Action Plan.

The City hereby determines that it is appropriate to submit the City of Antioch FY 2024-25 Action Plan to the U.S. Department of Housing and Urban Development (attached hereto as Exhibit A and incorporated by reference); The Acting City Manager, or designee, (1) shall be the City representative to submit the draft FY 2024-2025 Action Plan and all understandings and assurances contained therein, (2) is hereby directed and authorized to disburse funds and execute all attendant documents and agreements in a form approved by the City Attorney
programs, activities and projects as designated in the City of Antioch FY 2024-25 Action Plan, and (3) shall act in connection with the submission and provide such additional information as may be required.
* * * * * * *
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 25thday of June, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

Public Comments on the FY 2024-25 Action Plan
March 28, 2024 CDBG Committee meeting
No public comment
June 13, 2024 CDBG Committee meeting
Housing Project Public Comments and Responses (CDBG & Housing Successor Funds)
Leslie MayRe Hope Solutions, question are they working with Contra Costa Mental Health? How many units, and how many for homeless? How many years do they have to pay back any funds is a concern? Very familiar with Hope Grace Commons. If no track record other than church (housing & services) that concerns me. Also how many years to pay back those funds. Has Novin had prior funding?
Andrew BeckerStruggle to bring information to the community, feels this is a disconnected approach. City spent money to upgrade the facilities (City Council Chamber) ? Packet does not
what these projects are. Grace Commons, asking money from the City but they , is unfair. Need to present better.

Questions to staff and presenters from Council clarified the following for public comments:

Novin and Hope Solutions did detailed presentation last meeting where all details were presented including the number of units at various levels of income, with majority for homeless, veterans.

Hope Solutions is 22 doors/households, estimate 95
maximum allowed. Money will be used for development of the units. Total costs are $17 million in budget, fill gap with capital campaign, going back next year to the County, other sources. Estimated date to build out is 2026, 2027.

Need to gain site control and have to have local investment to raise other investments. Agency has done this before in Grace Presbyterian in Walnut Creek, Pittsburg just recommended for funding from County and City of Pittsburg plus vouchers from Housing Authority. Grace Pres ($2.5 million) project is funded (and going forward. Pittsburg ($9M for 15 units o Council questions to Staff & answers CDBG funds for purchasing property, tangible asset
used to secure additional funds to leverage other funds. Would probably draw when they start needing to pay the city for entitlements.

Tabora Gardens took almost 10 years to secure all funds, typical is 5-7 years. If they secure property with tax payer money, purchase land, our security is a loan, and the land is an asset. The loan agreements are drawn up by legal council. Have 7 previous projects, not one has failed. Need local commitment to gain additional millions of investment in our County. Loan should be secured against property. HS will move as quickly as funds allow as there is urgent need. This is permanent housing with supportive services, no limit on how long they stay.

Support if and when they want to move on. Tenant screening will be inclusive of persons who are discharged from prison. Coordinated Entry will be doing the placement, through County system, individuals assessed for vulnerability, case workers determine who is best fit for every unit. Target population is unhoused folks, variety of challenges including legal system contact, mental health, etc. Anyone from County could be placed, not restricted to Antioch residents due to fair housing laws. Likely a high proportion of Antioch residents because of PIT count shows Antioch highest area.
o Grace Commons 80 units, 200+ people. This is a big project, cost is $45-50 million, 3 story. Funding is coming from capital campaign by church which has been successful for all structures on the property, County, State applications, federal, large tech companies. Novin Development has 14 projects, 6 in Bay Area, one in Santa Cruz, Pleasanton, has track record to support the scale of the development, which is more easily funded by County & State. Church is committed to the project and fundraising. Separate organization from Concord to do property management and services, with church as secondary provider of services. Land to be leased from Grace for 99 years and has agreement, City agreement is contract to ensure affordability levels for 55 years.

CDBG Action Plan Public Comment
Andrew Becker PLHA funding, why are we not dedicating more PLHA $ for homeless funding - can amend plan to spend more money on homeless services. Would like dollars for pallet shelters, need more funding. He is frustrated with not getting notification of the meeting as he is on a contact list when agendas are posted. Housing Consultant connecting developers, he or called back.

Public Comments submitted by email or telephone during 30-day public comment period newspaper advertisement that were received as of staff report submission (6/19/24)
None

12 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 25, 2024

TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Introduce the Ordinance Adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code Relating to:
(1) Organizing, Advertising, and Being a Spectator at Street Racing, Sideshows, and Reckless Driving Exhibitions OR
(2) Organizing and Advertising Street Racing, Sideshows, and Reckless Driving Exhibitions

RECOMMENDED ACTION
It is recommended that the City Council introduce, waive the first reading, and read by title only the proposed ordinance:

1. Adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibits organizing, advertising, and being a spectator at street racing, sideshows, and reckless driving exhibitions (Attachment A to the Staff Report)

2. Adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code, which prohibitsorganizing and advertisingstreet racing, sideshows, and reckless driving exhibitions (Attachment B to the Staff Report)

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

DISCUSSION
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 can 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

Antioch City Council Report
June 25, 2024 Agenda Item#12 2

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.

1. State Law Provides Legal Accountability for Drivers in Sideshows and Street Races

The existing penalties for drivers in sideshows and street races are extensive. The California Vehicle Code (“CVC”) makes it illegal to engage in the following conduct on all public streets and offstreet parking facilities:

Motor vehicle speed contests, where one vehicle races against another vehicle or against a clock, on public highways are prohibited (CVC § 23109(a)).

Aiding or abetting motor vehicle speed contests is prohibited (CVC § 23109(b)).

Motor vehicle speed exhibitions are prohibited (CVC § 23109(b)(c)).

Driving on a highway with deliberate disregard for the safety of persons or property is prohibited (Section 23103(a)).

Driving on an off-street parking facility with deliberate disregard for the safety of persons or property is prohibited (CVC § 23103 (b)).

The California Vehicle Code allows a police officer to arrest a person and seize their motor vehicle if the police officer determines that the person engaged in these illegal activities.

Police can impound the vehicle for up to 30 days (CVC § 23109(h)).

Arrests and/or citations for sideshow or speed racing drivers may lead to driver’s license suspension. Vehicles are also subject to inspection for modifications to the engine or smog emissions devices, which can lead to out of service orders placed on vehicles.

Vehicles placed out of service are often required to be inspected by the State Referee and repairs can be costly.

2. Antioch City Council Discussions
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 Antioch City Council Report
June 25, 2024 Agenda Item#12 3

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. On motion by Councilmember Torres-Walker, seconded by Councilmember Barbanica, the City Council unanimously introduced by title only and waived further reading of the ordinance.

At the March 12, 2024 meeting, the City Council did not 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. No action was taken on the ordinance because several councilmembers believed that the proposed ordinance was not strong enough to be effective in reducing sideshow activities.

3. A City Ordinance Can Provide Legal Accountability for Organizers, Advertisers and Spectators at Sideshows, Street Races, and Reckless Driving Exhibitions
The City Attorney’s Office has now provided two ordinances for the City Council’s consideration. Both ordinances contain proactive measures 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 by both ordinances:

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’s definition of a spectator would apply to those who are found within 200 feet of the location of a sideshow, street race, or the site of the preparations for these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses.

In addition, the ordinance in Attachment Acontains accountability measures for spectators at sideshows, street racing, and reckless driving exhibitions, which the ordinance in Attachment Bdoes not contain.

Implementing this sideshow and street racing organizer, advertiser and spectator ordinance would substantially broaden the scope of individuals held legally accountable for sideshows and street races beyond the drivers participating in the event. A sideshow and street racing organizer, advertiser and spectator ordinance would prohibit promotion of, preparation for, participation in, and attendance as a spectator at sideshows or street races.

The ordinance would discourage organizing and being a spectator at illegal sideshows or street races by providing proper notice of unlawful activities to citizens, addressing a clear, identifiable, and limited population, and holding individuals accountable for Antioch City Council Report
June 25, 2024 Agenda Item#12 4

promoting, preparing, participating in, and being a spectator at sideshows.

This ordinance would assist the City in taking enforcement action against those who park their vehicles in a position that interferes with traffic by blocking an intersection to set the stage for a sideshow or street race. For example, these spectators could be held accountable for being an integral part of the production by having their cars seized.

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.

The ordinance may reduce the probability of accidents, injuries, and death caused by sideshows. It may also protect against damage to private property, homes, and vehicles.

The ordinance may also alleviate harmful health and environmental impacts, such as the trauma and stress created by sideshow noise and air pollution.

ATTACHMENTS
A. Ordinance - Prohibits organizing, advertising, and being a spectator at street racing, sideshows, and reckless driving exhibitions
B. Ordinance - Prohibits organizing and advertisingat street racing, sideshows, and reckless driving exhibitions

ATTACHMENT A
- 1 -
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,

ADVERTISING, AND BEING A SPECTATOR AT SIDESHOWS,

STREET RACING, 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, sideshows, street races, exhibitions of speed, 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, place bets and wagers, and otherwise encourage, aid, and abet the street racing process;
WHEREAS, illegal street racers accelerate to high speeds without regard 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 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;

ATTACHMENT A
- 2 -
WHEREAS,illegal sideshows, street racing, exhibitions of speed, and motorcycle stunting attract many spectators, and create an environment in which illegal activities can fester;
WHEREAS, illegal street racing, sideshows, exhibitions of speed, and motorcycle stunting can generate revenue for organizers and advertisers; WHEREAS, advertising illegal activity and spectating illegal activity are not constitutionally protected speech; and
WHEREAS, the City desires to discourage illegal sideshows, street races, and exhibitions of speed by making the organizing or advertising of such activities or participation as a spectator in such activities unlawful 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 being involved as organizers, advertisers, or spectators of such events and providing appropriate enforcement measures to protect the public and deter this illegal 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 Spectators at Sideshows, Street Races, and Reckless Driving Prohibited
4-4.107 Relevant Circumstances to Prove a Violation
4-4.108 Enforcement

ATTACHMENT A
- 3 -
4-4.101 Findings and Purpose

The events are a public nuisance emitting air pollution, including noxious odors, and noise pollution. The events also create an environment in which illegal activities can fester. Therefore, the intent and purpose of this Chapter is to discourage organization and advertising of illegal motor vehicle sideshows, speed contests, and exhibitions of speed in the City. It also aims to discourage the presence of spectators at these events.

B. 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 quantity of people exposed to the dangers associated with participating in and being a spectator at illegal sideshows, street races, and exhibitions of speed is likely to be decreased by discouraging organizers, advertisers, and spectators from being involved with such events in the City.

C. 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.

D. 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.

ATTACHMENT A
- 4 -
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, 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;

ATTACHMENT A
- 5 -

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.

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. “Spectator” means any individual who is present at an illegal motor vehicle sideshow, speed contest, or exhibition of speed, or at a location where preparations are being made for such activities for the purpose of viewing, observing, watching, or witnessing the event.

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 is 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 is 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 is 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:

ATTACHMENT A
- 6 -

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.
4-4.105 Relevant Circumstances to Prove a Violation

A. Notwithstanding any other provision of law, factors to consider in determining whether a violation of this Section 4-4.104 of this Chapter has occurred may include, but are not limited to, any of the following:

1. Evidence of involvement in organizing or advertising a street race, sideshow, reckless driving exhibition, or exhibition of speed within the City on a public street, highway, or in an offstreet parking facility including, but not limited to, testimonial evidence, documentary evidence, demonstrative evidence, or real (physical) evidence.

2. 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.

ATTACHMENT A
- 7 -
4-4.106 Spectators at Sideshows, Street Races, and Reckless Driving Exhibitions Prohibited

A. It is unlawful for any individual who to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle sideshow, street race, or reckless driving exhibition.

B. It is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle sideshow, street race, or reckless driving exhibition.

C. Local law enforcement shall have the authority to cite any spectator in violation of this Chapter with an administrative citation.

D. An individual is present at the illegal motor vehicle sideshow, street race, or reckless driving exhibition if that individual is within two hundred (200) feet of the location of the event, or within two hundred (200) feet of the location where preparations are being made for the event.

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

1. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation;

2. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

3. Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties.

ATTACHMENT A
- 8 -
4-4.107 Relevant Circumstances to Prove a Violation

A. Notwithstanding any other provision of law, factors to consider in determining whether a violation of Section 4-4.106 of this Chapter has occurred may include, but are not limited to, any of the following:

1. The time of day;

2. The nature and description of the scene;

3. The number of people at the scene;

4. The location of the individual charged in relation to any individual or group present at the scene;

5. The conduct of the individual charged in relation to any individual or group present at the scene;

6. The number and description of motor vehicles at the scene;

7. That the individual charged drove or was transported to the scene;

B. For the purposes of subsection A, above, "scene" refers to the location of the sideshow, street races, or reckless driving exhibition or the location of the Preparations for the street race or exhibition of speed.

4-4.108 Enforcement

A. 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.

ATTACHMENT A
- 9 -
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 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 the adoption of this Ordinance and shall cause the same to be published or posted as prescribed by law. * * * * *
I HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch held on the ____ day of June, 2024 and passed and adopted at a regular meeting thereof held on the ___ day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________________
LAMAR A. THORPE-HERNANDEZ

MAYOR OF THE CITY OF ANTIOCH

ATTEST:
____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

EXHIBIT B
- 1 -
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

AND ADVERTISING SIDESHOWS, STREET RACING, 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, sideshows, street races, exhibitions of speed, 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, place bets and wagers, and otherwise encourage, aid, and abet the street racing process;
WHEREAS, illegal street racers accelerate to high speeds without regard 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 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;

EXHIBIT B
- 2 -
WHEREAS,illegal sideshows, street racing, exhibitions of speed, and motorcycle stunting attract many spectators, and create an environment in which illegal activities can fester;
WHEREAS, illegal street racing, sideshows, exhibitions of speed, 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 making the organizing or advertising of such activities or participation as a spectator in such activities unlawful 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 being involved as organizers or advertisers of such events and providing appropriate enforcement measures to protect the public and deter this illegal 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:

EXHIBIT B
- 3 -
4-4.101. Findings and Purpose

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 by the activities of organizers and advertisers. Often, such events generate profit for their organizers and advertisers. The events are a public nuisance emitting air pollution, including noxious odors, and noise pollution. The events also create an environment in which illegal activities can fester. Therefore, the intent and purpose of this Chapter is to discourage organization and advertising of illegal motor vehicle sideshows, speed contests, and exhibitions of speed in the City.

B. 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 quantity of people exposed to dangers associated with participating in and being a spectator at illegal sideshows, street races, and exhibitions of speed is likely to be decreased by discouraging organizers and advertisers from being involved with such events in the City.

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

B. “Driver” means any person who drives a motor vehicle.

EXHIBIT B
- 4 -
C. “Event” means an illegal motor vehicle speed contest, exhibition of speed, or sideshow, as those terms are defined in the California Vehicle Code.