ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, July 23, 2024
Time: 6:00 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- JULY 23, 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 month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
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.
6:00 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock and Mayor Hernandez-Thorpe [Mayor Pro Tem (District 4) Wilson – Absent]
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
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).
City Council authorized settlement in the amount of $99,000; Approved, 4/0
2) CONFERENCE WITH REAL PROPERTY NEGOTIATONS pursuant to California Government Code section 54956.8; Property: 275 W. Tregallas Road, Antioch, CA ; Agency Negotiation: City of Antioch Negotiators: Kwame P. Reed, Acting City Manager and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Richard Hobin, Esq.; Under Negotiation: Price and terms of payment.
Direction provided to City Manager and City Attorney
ANTIOCH CITY COUNCIL -2- JULY 23, 2024
CLOSED SESSION – Continued
3) PUBLIC EMPLOYMENT – RECRUITMENT OF CITY MANAGER . This closed session is authorized pursuant to California Government Code section 54957(b)(1).
No reportable action
6:03 P.M. MOTIONED TO ADJOURN TO CLOSED SESSION
7:01 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Council Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock and Mayor Hernandez-Thorpe [Mayor Pro Tem (District 4) Wilson – Absent]
OPENED MEETING AND MOMENT OF SILENCE IN MEMORY OF RESERVE OFFICER
FRANK RUPANI
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
1. INTRODUCTION OF NEW CITY EMPLOYEES
2. PROCLAMATION
• In Honor of Welcoming the Visiting Delegation from Antioch’s Sister City of Chichibu, Saitama, Japan
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the proclamation.
3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
➢ ANTIOCH YOUTH SERVICES – SPECIAL EVENTS
▪ Sustainable Leaders in Action Presents: Green Dreams: Imagining a Sustainable Tomorrow – Summer Art Contest – Now through July 31, 2024
▪ Back 2 School Bowling – August 6, 2024
- Delta Bowl, 3300 Delta Fair Boulevard, Antioch, CA
➢ ANTIOCH RECREATION CENTER – SPECIAL EVENTS
▪ Multicultural Festival – August 10, 2024
- Williamson Ranch Park, Lone Tree Way (cross street Hillcrest Avenue), Antioch
▪ Summer Concert Series – August 8, 15, and 22, 2024
- Prewett Family Park Hillside, 4701 Lone Tree Way, Antioch, CA
ANTIOCH CITY COUNCIL -3- JULY 23, 2024
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ CONTRA COSTA COUNTY MOSQUITO & VECTOR CONTROL BOARD
➢ ECONOMIC DEVELOPMENT COMMISSION
➢ PARKS AND RECREATION 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
5. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 25, 2024 Approved, 4/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
C. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 4/0
Recommended Action: It is recommended that the City Council approve the warrants.
D. REJECTION OF CLAIM: A.J. JACKSON
Rejected, 4/0
Recommended Action: It is recommended that the City Council reject the claim submitted by A.J. Jackson.
E. SECOND READING – ORDINANCE ADDING CHAPTER 4 TO TITLE 4 (PUBLIC SAFETY) OF THE ANTIOCH MUNICIPAL CODE RELATING TO: ORGANIZING, ADVERTISING,
AND BEING A SPECTATOR AT STREET RACING, SIDESHOWS, AND RECKLESS DRIVING EXHIBITIONS (Introduced on June 25, 2024)
Ord. No. 2239-C-S adopted, 3/0/1-(Torres-Walker Abstained) Recommended Action: It is recommended that the City Council adopt the proposed ordinance adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code, which prohibits organizing, advertising, and being a spectator at street racing, sideshows, and reckless driving exhibitions.
ANTIOCH CITY COUNCIL -4- JULY 23, 2024
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
F. AWARD OF A WEBMASTER SERVICES AGREEMENT WITH DIGITAL SERVICES Reso No. 2024/97 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding a one -year Webmaster services agreement with Digital Services; and
2) Authorizing the Acting City Manager or designee to approve a consulting services agreement for one year with Digital Services for webmaster services for an amount not to exceed $80,000.
G. AWARD OF A WEBSITE CONTENT MANAGEMENT SYSTEM AGREEMENT WITH
CIVICPLUS FOR WEB CENTRAL
Reso No. 2024/98 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding a four -year Website Content Management System (CMS) Agreement to CivicPlus for the City’s website
environment beginning July 23, 2024, through June 30, 2028, for a total amount not to exceed $279,744.24;
2) Authorizing the Acting City Manager to execute the agreement in a form approved by the City Attorney; and
3) Authorizing the Acting City Manager or designee to make the necessary budget amendment to the Fiscal Year 2024/25
Information Systems Budget in the amount of $82,460 for Website Services.
H. SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR MATERIAL TESTING AND SPECIAL INSPECTION SERVICES RELATED TO THE CONTRA LOMA ESTATES PARK RENOVATION (P.W. 298-P3) Reso No. 2024/99 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the second amendment to the Consulting Services Agreement with Kleinfelder, Inc. for material testing and special inspection services related to the Contra Loma Estates Park Renovation (“Agreement”) in the amount of $23,360 for a total contract amount of $147,139; and
2) Authorizing the Acting City Manager to execute the second amendment to the Agreement in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -5- JULY 23, 2024
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
I. ROAD MAINTENANCE AND REHABILITATION ACCOUNT (P.W. 707) Reso No. 2024/100 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution approving and adopting a list of projects for submittal to the California Transportation Commission for Fiscal Year 2024/25 that are eligible for funding by SB 1: the Road Repair and
Accountability Act of 2017.
J. PART-TIME OFFICE ASSISTANT
Reso No. 2024/101 adopted, 4/0
Recommended Action: It is recommended that the City Council a dopt a resolution approving the allocation of $26,290 in Fiscal Year 2024 -25 to continue part -time office assistance to provide additional administrative support to the City Attorney’s Office.
K. MAYOR’S APPRENTICESHIP PROGRAM (MAP) - SELECTION OF RUBICON
PROGRAMS AS THE THIRD-PARTY PROVIDER FOR PROFESSIONAL SERVICES FOR
THE MAP AND AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR UP TO $340,000
Reso No. 2024/102 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Selecting Rubicon Programs as the third -party provider for professional services for the Mayor’s Apprenticeship Program;
2) Authorizing the Acting City Manager or designee to execute an agreement with Rubicon Programs to provide professional services to the Mayor’s Apprenticeship Program from
September 1, 2024, through December 31, 2025, for an
amount not to exceed $340,000; and
3) Re-appropriating the Fiscal Year 2023/24 budgeted funds for the MAP program to the Fiscal Year 2024/25.
L. APPROVAL REAPPROPRIATING UNSPENT FISCAL YEAR 2024 YOUTH NETWORK SERVICES CONTRACTUAL SERVICES TO FISCAL YEAR 2025
Reso No. 2024/103 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution amending the Fiscal Year 2024 -25 General Fund Youth Network Services budget to reappropriate unspent contractual services from Fiscal Year 2023-24 to Fiscal Year 2024-25.
ANTIOCH CITY COUNCIL -6- JULY 23, 2024
PUBLIC HEARING
6. PUBLIC HEARING TO CONFIRM AND LEVY OF ANNUAL ASSESSMENTS FOR STREET LIGHT AND LANDSCAPE MAINTENANCE DISTRICTS 1 - HILLCREST; 2A - ANTIOCH/CITY WIDE; 4 - DOWNTOWN; 5 - ALMONDRIDGE; 9 - LONE TREE WAY; AND 10 - EAST LONE TREE WAY FOR FISCAL YEAR 2024/2025 (P.W. 500) Reso No. 2024/104 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution ordering improvements and levying annual assessments for Street Light and Landscape Maintenance Districts 1 - Hillcrest; 2 A - Antioch/City Wide; 4 - Downtown; 5 - Almondridge; 9 - Lone Tree Way; and 10 - East Lone Tree Way for Fiscal Year 2024/2025.
COUNCIL REGULAR AGENDA
7. CALIFORNIA ASSEMBLY BILL (AB) 844: GREEN EMPOWERMENT ZONE Reso No. 2024/105 adopted appointing Council Member Torres-Walker as the representative to serve a two-year term, 3/0/1-(Torres-Walker-Abstained) Recommended Action: It is recommended that the City Council adopt a resolution continuing the City of Antioch’s participation in the Green Empowerment Zone and renewing the representative who shall serve a two (2) year term.
8. KWMA COLLECTIVE : REVIEW AND POSSIBLE RECOMMENDATION REGARDING
PROPOSED CHANGE IN OWNERSHIP
Reso No. 2024/106 adopted, 4/0
Recommended Action: It is recommended that the City Council consider adopting a resolution to approve KWMA Collective’s proposed change in ownership.
9. RESOLUTION OPPOSING THE DECOMMISSIONING OF THE ANTIOCH -PITTSBURG
SAN JOAQUINS PASSENGER STOP (AMTRAK STATION)
Reso No. 2024/107 adopted, 4/0
Recommended Action: It is recommended that the City Council adopt a resolution opposing the decommissioning of the Antioch -Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch.
ANTIOCH CITY COUNCIL -7- JULY 23, 2024
COUNCIL REGULAR AGENDA – Continued
10. CITY COUNCIL REQUESTED DISCUSSION ITEM : POTENTIAL OF CREATION OF
DIVERSITY, EQUITY, INCLUSION, AND BELONGING (DEIB) OFFICER POSITION Direction provided to staff to continue to pursue an
assessment with the creation of this 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
Tabled, 4/0
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 In Honor of Frank Rupani, Reserve Officer and Sonya Massey at 9:55 p.m., 4/0
IN HONOR OF
WELCOMING THE VISITING DELEGATION FROM
ANTIOCH’S SISTER CITY OF CHICHIBU, SAITAMA, JAPAN
WHEREAS,
In 1956, President Dwight D. Eisenhower initiated a new international Sister City program for the purposes of cultural and economic exchange by establishing relationships between cities of similar size and economic base;
WHEREAS,
In the 1960s, Mayor Verne Roberts traveled with the League of California Cities to six countries, including Japan, to investigate the possibility of establishing a Sister City relationship; and at the same time, Chichibu City was seeking a sister city in California;
WHEREAS,
The two cities were likely candidates to be each other’s sister city as each city had manufacturing plants, were situated near a river, had a mountain in the vicinity, and were at the edge of the economic sphere of a large metropolitan area;
WHEREAS,
In 1967, the City Council adopted a resolution formally accepting Chichibu as Antioch’s Sister City, with annual exchanges occurring every year beginning in 1971 with Antioch visiting Chichibu on odd numbered years and Chichibu visiting Antioch on even numbered years; and
WHEREAS,
The 2024 delegation from Chichibu consists of 14 individuals including 10 youth, a teacher, a Chichibu City official, and two additional chaperones who will be visiting Antioch and the Bay Area from July 22-July 31, 2024.
NOW, THEREFORE, I, LAMAR A. HERNADEZ-THORPE, Mayor of the City of Antioch, do hereby welcome the 2024 delegation visiting from Chichibu, Japan. Antioch places great value on the friendship with our Sister City that we’ve enjoyed for the past 57 years and look forward to continuing this fellowship for many years to come.
JULY 23, 2024
____________________________
LAMAR A. HERNANDEZ-THORPE, Mayor 2
07-23-24
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, JULY 26, 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 DEADLINE DATE: FRIDAY, AUGUST 16, 2024:
PARKS AND RECREATION COMMISSION
o One (1) vacancy, expiring March 2028
EXTENDED DEADLINE DATE: FRIDAY, AUGUST 30, 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., , 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.
P
One (1) Vacancy, expiring
Deadline Date: By 5:00 p.m., August 16, 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 Parks and Recreation Commission shall have the following duties:
(A) To serve in an advisory capacity to the Council in matters pertaining to park and recreation policy and to the City Manager, the Parks and Recreation Director, and the Public Works Superintendent in matters pertaining to the administration of park and recreation functions; (B) To survey all public and private recreation facilities and recommend a coordinated recreation program for the city;
(C) To survey the current and future recreation needs of the community and recommend such acquisitions, improvements, joint uses, programming, and financing as will provide a sound, year- round recreational program for all ages;
(D) To foster close cooperation between the city and the school district and with other agencies performing recreational activities or hiring recreational facilities to the end that duplications may be eliminated, costs may be reduced to a minimum, and the most efficient use may be made of all available facilities;
(E) To advise the Parks and Recreation Director in the preparation and submission of annual budgets and current and long-range recreational programs and capital improvements; (F) To render an annual report to the Council as soon as practicable after June 30 of each year covering the activities of the Parks and Recreation Commission for the preceding fiscal year and its recommendations for the future; and
(G) To render such interim reports as, in the judgment of the Parks and Recreation Commission, will be useful to the Council in formulating or carrying out recreational policies or activities, or as requested by the Council. (Ord. No. 104-C-S)
Meetings:
Meetings are held on the third Thursday of every other month at 7:00 p.m., held at City Hall Council Chambers at 200 H Street.
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.
CONTRA COSTA COUNTY MOSQUITO &
VECTOR CONTROL BOARD OF TRUSTEES
One (1) Vacancy, expiring April 2026
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
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting June 25, 2024
7:00 P.M. Council Chambers
6:15 P.M. - CLOSED SESSION
Mayor Hernandez-Thorpe called the Closed Session to order at 6:15 P.M., and Assistant City Clerk Garcia called the roll.
Present: Council Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
Absent: Council Member District 1 Torres-Walker
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: Trent Allen, et al. v. City of Antioch, United States District Court Northern District of California, Case No. 3:23-cv-01895-TSH.
2. PUBLIC EMPLOYMENT RECRUITMENT OF CITY MANAGER. This closed session is authorized pursuant to California Government Code section 54957(b).
PUBLIC COMMENTS None
ADJOURNED TO CLOSED SESSION
Mayor Hernandez-Thorpe adjourned to Closed Session at 6:16 P.M.
7:00 P.M. REGULAR MEETING
Mayor Hernandez-Thorpe called the meeting to order at 7:02 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
Absent: Council/Agency Members District 1 Torres-Walker
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
June 25, 2024 Page 2 of 13
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
Assistant City Attorney Brace 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, no reportable action.
PUBLIC HEARING AGENDA ITEMS #10 and 12
COUNCIL REGULAR AGENDA Continued from June 11, 2024, Council Meeting
1. CITY COUNCIL REQUESTED DISCUSSION ITEM: DISCUSSION ON STREET
CAMERAS
Councilmember Ogorchock spoke in support of expanding the street camera program and requested adding this item to the budget.
Council consensus directed staff to bring this item back to Council for consideration.
2. CITY COUNCIL REQUESTED DISCUSSION ITEM: POTENTIAL OF CREATION OF
DIVERSITY, EQUITY, INCLUSION, AND BELONGING (DEIB) OFFICER POSITION
Mayor Hernandez-Thorpe stated this agenda item was requested by Councilmember Torres- Walker and in her absence, he requested this item be postponed to the July 23, 2024, City Council meeting.
3. CITY COUNCIL REQUESTED DISCUSSION ITEM: POTENTIAL OF CREATION OF
HEALTH AND SAFETY ANALYST POSITION FOR THE HUMAN RESOURCES
DEPARTMENT
Mayor Hernandez-Thorpe stated this agenda item was requested by Councilmember Torres- Walker and in her absence, he requested this item be postponed to the July 23, 2024, City Council meeting.
4. CITY COUNCIL REQUESTED DISCUSSION ITEM: DISCUSSION OF CALIFORNIA
BUSINESS ROUNDTABLE BALLOT MEASURE
Councilmember Ogorchock announced the taxpayer deception act would not be placed on the November 2024 ballot, and she thanked Cal Cities for working to defeat this bill.
Ralph Hernandez stated he opposed any tax increases.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
June 25, 2024 Page 3 of 13
Mayor Hernandez-Thorpe, for the record, explained that this item was related to a ballot measure sponsored by the California Business Roundtable which would have impacted cities negatively and the original request was for the City to take a position of opposition. He reiterated that it would no longer be on the ballot so no further action would be taken.
5. CITY COUNCIL REQUESTED DISCUSSION ITEM: POTENTIAL DEVELOPMENT OF
POLICY ON USE OF NATIVE PLANTS SPECIES FOR NEW DEVELOPMENTS
Laura Kindsvater and Alexander Broom spoke in support of the policy and requested Council consider broadening direction to include city land and parks as well as requiring more than 70% native plants.
In response to Mayor Hernandez-Thorpe, Acting Director of Community Development Scudero stated a requirement for developers could be accomplished through a city ordinance. He reported he was unaware of any cities in California having a 70% native species requirement.
Council consensus directed staff to bring back policies on the use of native plant species for the City and developers for Council consideration.
The following written public comments for this agenda item were entered into the record and forwarded to Council prior to the June 11, 2024, meeting. They were also sent to Council prior to the June 25, 2024, Council meeting: 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.
The following public comments submitted in writing prior to the June 25, 2024, City Council meeting were entered into the record from the following individuals: Laura Kindsvater, John Hessler, Douglas Wilson, Dawn McElroy, Jane Shearrer, Dennis Daigle, Emily Bonzi, Laurence White, Diane Mattson, Richard Bernard, Vince Augusta, Rosanne Carey, Kacy Torres, Lucile Meinhardt, Carol Davis, Margaret Magstadt, Alexander Broom and Adam Lucas, Antioch residents, Juan Pablo Galvan Martinez, Concord resident, Virginia Phelps, Mountain View resident, Claudia Hien, Concord resident, Kathryn Felter, Belmont resident, Wilma Wool, Sunnyvale resident, Martha Jackson, Richmond resident, Alexandra Theodotou, Daly City resident, Kim Hayes, San Jose resident, Janet Galen, Menlo Park resident, Anna Maj, Santa Clata, Virginia Northrop, Richmond resident, Tracy Taylor, Richmond resident, Maria Yonamine, Sunnyvale resident, Melanie Cross, Palo Alto resident, Susan Hinton, Santa Clara resident, Anita Pereira, Richmond resident, Esme Howard, Berkeley resident, Dan Johnson, Albany resident, Katharine Bierce, Albany resident, Sriatha Gollapalli, Orinda resident, juliebenson58, Oakland resident, Orianna Demasi, Emeryville resident, Kristy Brady, Oakland resident, Kathryn Choudhury, Moraga resident, Catherine Worley, Pamala Austin, El Cerrito resident and Robin Mitchell, El Cerrito resident.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
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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
LOCAL HOUSING SUCCESSOR, PERMANENT LOCAL HOUSING ALLOCATION -25 BUDGET
Director of Public Safety and Community Resources Johnson introduced CDBG/Housing Consultant House who presented the staff report dated June 25, 2025 recommending the City of Antioch as the Housing Successor to the Antioch Development Agency 1) Approve the funding recommendations of the Community Development Block Grant 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. 2) Approve the funding 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. 3) Approve the funding recommendations of the Community Development -25
City of Antioch Action Plan which encompasses CDBG Entitlement funds, prior year reallocated -
funds 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.
Mayor Hernandez-Thorpe opened the public hearing.
Andrew Becker spoke in support of the City allocating General Fund dollars for shelter housing.
He also asked several questions of the developers for the proposed affordable supportive housing projects.
Pastor Kirkland Smith gave an overview of the Novin Development for Grace Commons project and stated he was excited for the opportunity to provide resources for Antioch residents.
Jasmine Tarkoff, Hope Solutions, discussed services they provided and their proposed permanent supportive housing project. She expressed her appreciation to staff for their recommendation to support this project.
Iris Grace spoke in support of the Grace Commons project and the use of successor agency funds for their proposal. She discussed partnerships that enabled them to bring forward a project that provided property management and support providers.
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Patricia Granados spoke in support of reallocating funds from the Antioch Police Department for community projects.
An unidentified speaker spoke in support of quality affordable housing projects.
Kamilah Miller questioned what the qualifications were for obtaining housing and how the public would be informed of housing options.
Ralph Hernandez voiced his opposition to the City funding the current unhoused resident housing projects in Antioch and Pittsburg. He expressed concern for the use of City money without the ability to evaluate what would be provided.
Mayor Hernandez-Thorpe closed the public hearing.
In response to Councilmember Barbanica, Acting Director of Public Works/City Engineer Buenting explained that moving money from one fund to another would not impact future public works projects.
CDBG/Housing Consultant House clarified the total investment in newly constructed affordable housing units and explained that the city was investing CDBG money as a loan to provide housing for approximately 250 individuals.
Councilmember Barbanica added that the subcommittee had invested a lot of time into discussing how to make the biggest impact with CDBG funds and after vetting both applicants, they determined that loaning $4M for permanent long-term housing would be appropriate.
CDBG/Housing Consultant House noted that the period of affordability was 55 years. She also reviewed the timeline for the projects as well as the housing rehabilitation loan and emergency grant programs.
Councilmember Ogorchock requested vendors work diligently with lenders to streamline the process.
Mayor Hernandez-Thorpe thanked staff for their hard work, the CDBG Committee for their recommendations and recognized those who advocate for Antioch. He stressed that the City deployed multiple strategies to address the needs of the unhoused community and thanked the public for their support.
Councilmember Barbanica thank staff for their hard work.
Assistant City Attorney Brace announced there was inadvertent omission of language relating to giving authority to the Acting City Manager to execute the contracts and requested that language be added to the motion.
RESOLUTION NO. 2024/83
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
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June 25, 2024 Page 6 of 13
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock the City Council members present unanimously approved the funding recommendations of the ed 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 and giving authority to sign the agreement to the Acting City Manager.
RESOLUTION NO. 2024/84
On motion by Councilmember Barbanica, seconded by the City Council members present unanimously approved the funding recommendations of the Community Development Block ed 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.
RESOLUTION NO. 2024/85
On motion by Councilmember Barbanica, seconded by the City Council members present unanimously approved the funding recommendations of the Community Development Block ed the resolution approving the Fiscal Year 2024-25 City of Antioch Action Plan which encompasses CDBG Entitlement funds, prior year reallocated -
funds 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.
Councilmember Barbanica congratulated Pastor Kirkland Smith and Jasmine Tarkoff.
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
Assistant City Attorney Brace presented the staff report dated June 25, 2024 recommending 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). OR 2) Adding Chapter 4 to Title 4 (Public Safety)
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to the Antioch Municipal Code, which prohibits organizing and advertising street racing, sideshows, and reckless driving exhibitions (Attachment B to the Staff Report).
Mayor Hernandez-Thorpe opened the public hearing.
An unidentified speaker, Tachina Garrett, Devin Williams and Laura Kindsvetter opposed a sideshow ordinance that included spectators.
Ralph Hernandez, Antioch resident, spoke in support of the proposed ordinance that included spectators.
Kimberly. Payton encouraged Council to consider the definition of a spectator if they choose to support the ordinance that included them.
.
Andrew Becker suggested a city-based appeal process for individuals issued citations.
Gavin Payton, NAACP, questioned if the ordinance would address vandalism that occurred during a sideshow.
An unidentified speaker suggested differentiating spectators from spectator participants.
Public comments submitted in writing were entered into the record from the following individuals:
Anthony Rubio, Antioch resident, Michael Downey, Deborah Cullen, tim winn, James, Antioch resident and Alexander Broom.
Mayor Hernandez-Thorpe closed the public hearing.
Councilmember Ogorchock suggested the following items be added to the ordinance: increased fines, no release of vehicles involved in sideshows until court date and reimbursement for city resources.
Councilmember Wilson suggested Council discuss at a future meeting the root cause for these events.
Following discussion, Council consensus supported the ordinance relating to organizing, advertising, and being a spectator at street racing, sideshows and reckless driving expeditions.
A motion was made by Councilmember Ogorchock to introduce, waive the first reading, and read by title only, the proposed ordinance: 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 with the addition of: no release of vehicles involved in sideshows until court dates and reimbursement of use of resources.
In response to Councilmember Barbanica, Assistant City Attorney Brace stated staff would need to conduct further research with regards to impoundment and reimbursement expenses.
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With the lack of a second, the previous motion died.
On motion by Councilmember Barbanica, seconded by Councilmember Ogorchock the City Council members present unanimously introduced, waived the first reading, and read by title only, the proposed ordinance: 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).
Mayor Hernandez-Thorpe declared a recess at 9:14 P.M. The meeting reconvened at 9:21 P.M. with all Councilmembers present with the exception of Councilmember Torres-Walker who was previously reported as absent.
Councilmember Ogorchock requested staff bring back the following revisions for the ordinance:
adding Chapter 4 to Title 4 (Public Safety) to the Antioch Municipal Code: no release of vehicles involved in sideshows until court date, reimbursement of use of resources and increased fines.
There was no consensus to bring the revisions back to Council for consideration.
6. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Acting Assistant City Manager Helfenberger announced the following civic and community events:
4th of July Celebration Parade and Fireworks Antioch Rivertown July 4, 2024 Summer Outdoor Movie Nights at Prewett Family Park July 11, 18, and 25, 2024
Director of Public Safety and Community Resources Johnson on behalf of the Antioch Council of Teens announced the following civic and community events:
Antioch Council of Teens Meeting Second and Fourth Wednesday of the month at the Antioch Water Park
Teen Swim Night at Antioch Water Park - July 10, 2024
Andrew Becker suggested the City utilized the billboard located on city property on Delta Fair Blvd. to announce community events.
Alexander Broom announced Contra Costa Community Resource Conservation District Creek Cleanup Event would be held on July 7, 2024
7. 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
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
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PUBLIC COMMENTS
Tachina Garrett, ACCE Antioch, expressed concern that the swimming pool at the Delta Pines Apartments remained closed and requested the City assist the residents in addressing this issue.
Danny expressed concern regarding incidents involving a neighbor who was feeding feral cats in his neighborhood and stated that he had filed a report with APD; however, he had not received a response.
Councilmember Barbanica informed the previous speaker that the police officer he had contacted was no longer an employee and suggested contacting Interim Police Chief Addington for follow up.
Ralph Hernandez expressed concern regarding the removal of a mural on 4th street.
Environmental Resource Coordinator Haas-Wajdowicz announced the City was in the process of updating the Climate Action and Resilience Plan and introduced the Civic Spark Fellow / Project Manager. She announced they were conducting community surveys.
Gavin Payton, NAACP, reported on the California/Hawaii Youth and College Division presentation on homelessness.
An unidentified speaker expressed concern regarding pedestrian fatalities. He discussed the need for bus shelters and dedicated bicycle lanes. He commented that a mural project should have come to Council prior to being removed.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Barbanica reported on his attendance at the CDBG Standing Committee meeting. He provided a history and the status of the mural project on 4th Street. He also reported on his attendance at Fire Department Station 81 push-in ceremony and the opening of a new fire station in East County.
Councilmember Ogorchock reported on her attendance at Fire Department Station 81 push-in ceremony and the Cal Cities Policy Committee meeting. She requested staff add listoscalifornia.org to a list of City resources.
Councilmember Wilson reported Tri Delta Transit would be meeting on June 26, 2024.
Mayor Hernandez-Thorpe announced Tri Delta Transit would be meeting on June 26, 2024. He reported on his attendance at the U.S. Conference of Mayors as well as a meeting he attended
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with residents related to issues within the community. He announced minutes of the community meeting had been sent out to Councilmembers.
8. PRESENTATION
Laura Kindsvater questioned which park, school and bridges were at risk.
Alexander Broom questioned if impacts to the wells had been considered.
Councilmember Wilson encouraged the Delta Stewardship Council to reach out to the Delta Diablo Sanitation District.
Mayor Hernandez-Thorpe thanked the
CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR MAY 28, 2024
B. APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 11, 2024
C. APPROVAL OF COUNCIL WARRANTS
D.
E.
F. RESOLUTION NO. 2024/86 STATEMENT OF INVESTMENT POLICY
G. REJECTION OF CLAIMS: AARON WASHINGTON, DMITRIY SHORNIKOV AND
JUSTINE BOBO
H. RESOLUTION NO. 2024/87 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
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
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June 25, 2024 Page 11 of 13
I. RESOLUTION NO. 2024/88 AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT WITH CHECK PROCESSORS INC. FOR LOCKBOX SERVICES
J. RESOLUTION NO. 2024/89 SECOND AMENDMENT TO THE CONSTRUCTION
AGREEMENT WITH CRUSADER FENCE COMPANY FOR THE ANTIOCH WATER PARK PERIMETER FENCE REPAIR (P.W. 567-11)
K. RESOLUTION NO. 2024/90 AWARD OF AN AGREEMENT TO A&A PAVING CO., INC.
FOR THE ASPHALT OVERLAY OF DEERFIELD CORRIDOR, LARKSPUR,
LEXINGTON, AND ALMONDRIDGE TRAILS
L. RESOLUTION NO. 2024/91 APPROVAL OF A PURCHASE ORDER WITH BADGER METER, INC. FOR WATER METERS AND REPAIR PARTS
M. RESOLUTION NO. 2024/92 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)
N. RESOLUTION NO. 2024/93 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)
O. RESOLUTION NO. 2024/94 CONTRACT EXTENSION FOR THE CALIFORNIA
WITH FISCAL SPONSOR COMMUNITY INITIATIVES
P. RESOLUTION NO. 2024/95 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
Councilmember Ogorchock initially made a motion to approve the Consent Calendar, which was seconded by Councilmember Wilson; however, upon discovering that a speaker wished to make a public comment on Item L, the motion died.
Item L Ralph Hernandez suggested the City offer residents the opportunity to purchase their water meters or pay for the actual cost of replacement.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously approved the Council Consent Calendar.
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HOUSING SUCCESSOR
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PUBLIC HEARING / CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY Continued
11. RESOLUTION APPROVING AND ADOPTING THE PROPOSED FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 2024-2029 (P.W. 150-24)
Acting Director of Public Works/City Engineer Buenting presented the staff report dated June 24, 2024, recommending 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.
Councilmember Ogorchock requested the I Street Improvements go back to the Amtrak Improvements.
RESOLUTION NO. 2024/96
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted 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.
COUNCIL REGULAR AGENDA
13. CITY COUNCIL REQUESTED DISCUSSION ITEM: DISCUSSION REGARDING
CLOSURE OF THE ANTIOCH AMTRAK STATION
Tachina Garrett and Eddie Gums, ACCE Antioch. spoke in support of keeping the Antioch Amtrak Station open.
Councilmember Ogorchock stated she had requested this item to come forward for Council consideration after discussing the matter with community members. She requested staff bring forward a resolution for the next meeting regarding the need for the station to remain in Antioch.
Mayor Hernandez-Thorpe stated it was important the resolution included language that the City Council was never asked their opinion on decommissioning of the station.
Council consensus directed staff to bring back a resolution in support of keeping the Amtrak Station open.
PUBLIC COMMENT None
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STAFF COMMUNICATIONS
Acting City Manager Reed announced that the July 9, 2024, City Council meeting was not scheduled due to summer break and the next regularly scheduled meeting would be held on July 23, 2024.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Ogorchock requested the following items be agendized for Council consideration:
Update on emergency alert system
Senior Ad Hoc Committee
Mural and Utility box maintenance ties
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adjourned the meeting at 10:27 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
5B_______
5C________
D
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: REJECTION OF CLAIM: A.J. JACKSON
RECOMMENDED ACTION
It is recommended that the City Council reject the claim submitted by A.J. Jackson.
Should the City Council desire to discuss this matter, it would be scheduled for a future closed session.
ATTACHMENTS
None.
E
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Second Reading: Ordinance Adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code Relating to:
Organizing, Advertising, and Being a Spectator atStreet Racing, Sideshows, and Reckless Driving Exhibitions
RECOMMENDED ACTION
It is recommended that the City Council adopt the proposed ordinance adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code, which prohibits organizing, advertising, and being a spectator atstreet racing, sideshows, and reckless driving exhibitions (Attachment A).
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 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
Antioch City Council Report
July 23, 2024 Agenda Item# E 2
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 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 Antioch City Council Report
July 23, 2024 Agenda Item# E 3
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.
At the June 25, 2024 meeting, the City Council approved the ordinance adding Chapter 4 to Title 4 (Public Safety) of the Antioch Municipal Code, which prohibits spectating, organizing or advertising street racing, sideshows, and reckless driving exhibitions.
3. A City Ordinance Can Provide Legal Accountability for Organizers, Advertisers and Spectators at Sideshows, Street Races, and Reckless Driving Exhibitions
The ordinance that City Council has approved contains 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 the ordinance:
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.
Being a spectator at sideshows, street races, and reckless driving exhibitions. 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.
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 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.
Antioch City Council Report
July 23, 2024 Agenda Item# E 4
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
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
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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
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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, advertisers, and spectators. 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. 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
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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
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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.
M. “Street race” or “street racing” means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended.
4-4.103 Nonexclusive Remedy
This Chapter is not the exclusive regulation of nor penalty for participation in a motor vehicle speed contest, exhibition of speed, stunting, sideshow, reckless driving exhibition, or similar illegal activity. This Chapter supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. 4-4.104 Organizing or Advertising Street Races, Sideshows, and Reckless Driving Exhibitions Prohibited
A. It 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
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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
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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
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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
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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 25thday of June, 2024 and passed and adopted at a regular meeting thereof held on the 23rd 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
F
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Alan Barton, Information Systems Director APPROVED BY:Kwame P. Reed, Acting City Manager
SUBJECT: Award of a Webmaster services agreement with Digital Services.
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Awarding a one-year Webmaster services agreement with Digital Services; and 2) Authorizing the Acting City Manager or designee to approve a consulting services agreement for one year with Digital Services for webmaster services for an amount not to exceed $80,000.
FISCAL IMPACT
The FY 2024/25 Information Systems Budget includes funding through the Information Services Internal Service Fund for website maintenance.
DISCUSSION
On February 2, 20224, Staff solicited a request for qualifications website for Webmaster Services. On May 1, 2024, five (5) proposals were received.
Based on the content of the proposals, staff determined Digital Services was the best fit to provide Webmaster Services.
websites, servers, and live web streaming.
awarding an agreement with Digital Services for continued website support throughout the migration process to CivicPlus.
The migration process to CivicPlus will consist of
website information into a new and modern website Content Management System (CMS).
The CMS will allow City staff to efficiently manage website content in a timely manner, provide an AI chatbot to better assist public inquiries, and a more robust accessibility feature.
ATTACHMENT
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A CONSULTING SERVICES AGREEMENT WITH DIGITAL
SERVICES IN THE AMOUNT NOT TO EXCEED $,000 FOR WEBMASTER
SERVICES AND AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2024/25 INFORMATION SERVICES BUDGET
WHEREAS,On February 2, 20224, Staff solicited a request for qualifications 2024, five (5) proposals
were received.; and
WHEREAS, City staff reviewed all proposals received and recommends awarding a consulting service agreement to Digital Services to provide webmaster services to the City.
NOW, THEREFORE, BE IT RESOLVEDthat the City Council of the City of Antioch hereby:
1) Awards a one-year Webmaster services agreement with Digital Services; and 2) Authorizes the Acting City Manager or designee to approve a consulting services agreement for one year with Digital Services for webmaster services for an amount not to exceed $80,000.
* * * * * * * *
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 23rd day of July 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF ANTIOCH AND
DIGITAL SERVICES
THIS AGREEMENT (Agreement) is made and entered into this 21 day of March, 2024 ( ) by and between the City of Antioch, a municipal Corporation with its principle place of business at 200 H Street, Antioch, CA 94509 (City) and Digital Services with its principle place of business at 3377 Deer Valley Rd, Antioch CA (Consultant ) as of July 23, 2024. City and Consultant individually are sometimes referred to herein as and collectively as
SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to provide to City the services described in the Scope of Work attached as Exhibit A attached hereto and incorporated herein at the time and place and in the manner specified therein ( ). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 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 under Section 8.
1.2 Standard of Performance. Consultant represents that it is experienced in providing these services to public clients and is familiar with the plans and needs of City. Consultant shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1
SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $100,000 Services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for Services rendered pursuant to this Agreement at the time and in the manner set forth below. The payments specified below shall be the only payments from 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 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 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;
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,
2.2 Payment Schedule.
2.2.1 City shall make incremental payments, based on invoices received, [according to the payment schedule attached as Exhibit B and incorporated herein], 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 Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.
In no event shall Consultant submit 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 ($ 0 ). 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:
N/A
2.6 Payment of Taxes. Consultant 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 Consultant is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until Consultant receives authorization to proceed from the Contract Administrator.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant 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 Consultant 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 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.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, 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 Consultant and its agents, representatives, employees, and subcontractors. Consultant 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. Consultant 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 Consultant's proposal.
Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant 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 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. feet of a railroad right of way, the Consultant 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 Consultant 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 Workers' Compensation Insurance. equired by
$1,000,000 per accident for bodily injury or disease.
4.4 Professional Liability (Errors and Omissions). Insurance appropriate to the Con profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
4.5 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:
4.5.1 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 Consultant 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 Consultant he
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.
4.5.2 Primary Coverage. For any claims related to this contract, the Consultant 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 Consultant This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4.5.4 Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant 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
4.5.5 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 Consultant 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.
4.5.6 Claims made policies. If any of the required policies provide claims-made coverage:
4.5.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
4.5.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
4.5.6.3 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 Consultant must five (5) years after completion of contract work.
4.6 Certificate of Insurance and Endorsements. Consultant 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 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.
4.7 Subcontractors. Consultant 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.
4.8 Higher Limits. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
4.9 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.
4.10 Remedies. In addition to any other remedies City may have if Consultant 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
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due to Consultant under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or, Terminate this Agreement.
SECTION 5. RESPONSIBILITIES.
5.1 To the fullest extent permitted by law, Consultant 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 Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant or this Agreement, including without limitation the payment of all damages, expert Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant 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, Consultant 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 CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant'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 Consultant accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant 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. Consultant 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, Consultant 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. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the 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 Consultant under this Agreement. Consultant 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 Consultant thereby.
Consultant shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
7.6 California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the
pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the full term of this Agreement and require the same of any subconsultants, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to compliance monitoring and enforcement by the Department of labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against stop orders shall be
considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement only for cause
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for Services performed satisfactorily to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
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. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant 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 Consultant 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 Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant 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 Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms 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 Consultant pursuant to this Agreement; and/or
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant in which case the City may charge Consultant the difference between the cost to have a different consultant complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant 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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Consultant. Such materials shall not, without the prior written permission of City, be used by Consultant for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Consultant which is generally pertaining to the Services under this Agreement in any publication without the prior written consent of the City.
9.3 Consultant 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 Consultant.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant 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 prepared or developed by or on behalf of Consultant under this Agreement. Consultant 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 Consultant which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 Use of Recycled Products. Consultant 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.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within at California Government Code Section
81000 et seq.
Consultant 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.
Consultant 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 Consultant was an employee, agent, appointee, or official of City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any
compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant 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.
10.7 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.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Alan Barton ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Digital Services
3377 Deer Valley Rd
Antioch, CA 94531
Any written notice to City shall be sent to:
Information Systems
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
10.11 Integration. This Agreement, including all exhibits and other attachments, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
CITY: CONSULTANT:
CITY OF ANTIOCH Paul Jacobsohn
____________________________________ By:______________________________ Kwame P. Reed, Acting City Manager
Name:___________________________
Title:____________________________
Attest:
____________________________________
Elizabeth Householder
City Clerk
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]
EXHIBIT A
SCOPE OF WORK
This proposal is for ongoing webmaster services for the period of July 2024 through the end of June 2025.
Role of Webmaster Defined
A Webmaster is both a technical expert and content administrator, responsible for maintaining and managing websites and the servers they run on. A Webmaster is in charge of the functionality, security, and efficiency of the websites they are in charge of. A Webmaster monitors the websites and optimizes server operation and they quickly fix issues should they arise. They create new web pages, based on content provided by staff, thereby creating
efficiencies.
the role to include additional duties such as a comprehensive knowledge of city government organization and operation, agenda creation and management, and expert file management skills. The city government webmaster is responsible for
public website consists of over a thousand web pages including 300 gigabytes of documents, images and videos dating back to 1999.
The City of Antioch contracted with Digital services because the city was looking for a way to create a firewall between the staff that edits content and what is company to maintain a one-million-dollar errors and omissions policy.
Scope of Work
Digital services will provide all necessary services defined by the role of webmaster for the websites and webservers. We will monitor all systems 24/7/365 and provide a timely resolution should an issue arise.
The webmaster services also include day to day tasks such as posting agendas, editing and creating new web pages, and updating the calendar system. We also will live stream meetings from City Hall (where required) and post a video archive to the city website.
EXHIBIT B
PAYMENT SCHEDULE
In 2023, Digital services averaged 113 hours per month of webmaster services.
This is broken down into video streaming (38 average hours per month) and (75 hours average hours per month) webmaster services. Therefore, we propose to provide webmaster services and video streaming for this period, July 2024 through the end of June 2025, at the rate of $65 per hour.
Digital services will create an invoice at the end of each month, for the hours used in that month, and present it to the director of information services for payment. We request terms to be NET30 from the date of invoice.
G
Agenda #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Alan Barton, Information Systems Director
APPROVED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Award of a Website Content Management System Agreement with CivicPlus for Web Central
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Awarding a four-year Website Content Management System (CMS) Agreement to CivicPlus for the City’s website environment beginning July 23, 2024, through June 30, 2028, for a total amount not to exceed $279,744.24;
2) Authorizing the Acting City Manager to execute the agreement (Exhibit “1” to the Resolution) in a form approved by the City Attorney; and
3) Authorizing the Acting City Manager or designee to make the necessary budget amendment to the Fiscal Year 2024/25 Information Systems Budget in the amount of $82,460 for Website Services.
FISCAL IMPACT
Adoption of this resolution will authorize an increase to the Fiscal Year 2024/25 funding for the Project by $82,460. Funding for the remaining years of the contract is subject to the City’s budget approval process. The complete four (4) year contract amounts are shown in Attachment B.
DISCUSSION
On February 2, 2024, Staff solicited a request for qualifications through the City's website for Webmaster Services. On May 1, 2024, five (5) proposals were received. Based on the content of the proposals, staff determined CivicPlus provides the best value for the Project.
Antioch City Council Report
July 23, 2024 Agenda Item #G 2
The Project provides a completely redesigned website which will utilize modern features such as AI and best practices in website accessibility. The new environment will allow City staff to more efficiently update and maintain content on the website. The website will be easier to navigate for City of Antioch employees, residents, and customers.
Staff is recommending awarding the agreement to CivicPlus, as described in the Draft Consulting Services Agreement hereto as Exhibit “1” to the resolution.
ATTACHMENTS
A. Resolution
Exhibit 1. Draft Consulting Services Agreement
B. CivicPlus Proposal
ATTACHMENT A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A CONSULTING SERVICES AGREEMENT WITH CIVICPLUS IN THE AMOUNT NOT TO EXCEED $261,809.24 FOR WEBSITE SERVICES AND AUTHORIZING THE NECESSARY FISCAL YEAR 2024/25 BUDGET ADJUSTMENT
WHEREAS, The City of Antioch currently utilizes Digital Services for its website services, which sometimes results in inefficiencies such as allowing staff to update departmental pages as needs arise, and therefore issued a Request for Qualifications for additional Webmaster Services ;
WHEREAS, On February 2, 2024, Staff solicited a request for qualifications On May 1, 2024, five (5) proposals
were received;
WHEREAS, The Project provides a completely redesigned website which will utilize modern features such as AI and best practices in website accessibility. The new environment will allow City staff to more efficiently update and maintain content on the website. The website will be easier to navigate for City of Antioch employees, residents, and customers; and
WHEREAS, Based on City staff review of five proposals received in response to the Request for Qualifications issued, it is recommended to award a Consultant Services Agreement to CivicPlus for website services for a four-year term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby;
1) Awards a four-year Website Content Management System (CMS) Agreement to CivicPlus beginning July 23, 2024,
through June 30, 2028, the first-year amount of $68,716 with a contingency of 20 percent for extra services for a total of $82,459.20. Years two and three in the amount of $65,110.55 each, including a 10 percent contingency, and year four in the amount of $67,063.94, including a 10 percent contingency, for a total amount not to exceed $279,744.24;
2) Authorizes
the Resolution) in a form approved by the City Attorney; and
3) Authorizes the Acting City Manager or designee to make the necessary budget amendment to the Fiscal Year 2024/25 Information Systems Budget in the amount of $82,460 for Website Services.
* * * * * * * *
RESOLUTION NO. 2024/**
July 23, 2024
Page Two
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 23rd day of July 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF ANTIOCH AND
CIVICPLUS
THIS AGREEMENT (Agreement) is made and entered into this 23 day of July, 2024 ( ) by and between the City of Antioch, a municipal Corporation with its principle place of business at 200 H Street, Antioch, CA 94509 (City) and CivicPlus with its principle place of business at 302 South 4th St. Suite 500, Manhattan, KS 66502 (Consultant ) as of July 11, 2024. City and Consultant individually are sometimes referred to herein as and collectively as
SECTION 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to provide to City the services described in the Scope of Work attached as Exhibit A attached hereto and incorporated herein at the time and place and in the manner specified therein ( ). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2028, 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
right to terminate the Agreement, under Section 8.
1.2 Standard of Performance. Consultant represents that it is experienced in providing these services to public clients and is familiar with the plans and needs of City. Consultant shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1
SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $279,744.24, Services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for Services rendered pursuant to this Agreement at the time and in the manner set forth below. The payments specified below shall be the only payments from 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.
EXHIBIT 1
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this 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 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;
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,
2.2 Payment Schedule.
2.2.1 City shall make incremental payments, based on invoices received, according to the payment schedule attached as Exhibit B and incorporated herein, 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.
2.2.2 City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City a final invoice, if all services required have been satisfactorily performed.
2.3 Total Payment. City shall pay for the Services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.
In no event shall Consultant submit 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 _____There will not be any reimbursable expenses associated with this agreement_________________________________________ ($ ). 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:
_
2.6 Payment of Taxes. Consultant 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 Consultant is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until Consultant receives authorization to proceed from the Contract Administrator.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant 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 Consultant 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 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.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, 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 Consultant and its agents, representatives, employees, and subcontractors. Consultant 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. Consultant 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 Consultant's proposal.
Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant 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 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. rk within 50 feet of a railroad right of way, the Consultant 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 Consultant 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 Workers' Compensation Insurance. equired by
$1,000,000 per accident for bodily injury or disease.
4.4 Professional Liability (Errors and Omissions). Insurance appropriate to the Con profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
4.5 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:
4.5.1 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 Consultant 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 Consultant he
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.
4.5.2 Primary Coverage. For any claims related to this contract, the Consultant 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 Consultant This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4.5.4 Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant 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
4.5.5 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 Consultant 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.
4.5.6 Claims made policies. If any of the required policies provide claims-made coverage:
4.5.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
4.5.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
4.5.6.3 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 Consultant must five (5) years after completion of contract work.
4.6 Certificate of Insurance and Endorsements. Consultant 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 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.
4.7 Subcontractors. Consultant 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.
4.8 Higher Limits. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
4.9 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.
4.10 Remedies. In addition to any other remedies City may have if Consultant 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
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due to Consultant under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or, Terminate this Agreement.
SECTION 5. .
5.1 To the fullest extent permitted by law, Consultant 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 Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant or this Agreement, including without limitation the payment of all damages, expert Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant 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, Consultant 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 CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant'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 Consultant accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant 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 Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant 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. Consultant 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, Consultant 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. Consultant represents and warrants to City that Consultant 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. Consultant represents and warrants to City that Consultant 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, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the 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 Consultant under this Agreement. Consultant 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 Consultant thereby.
Consultant shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.
7.6 California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the
pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the full term of this Agreement and require the same of any subconsultants, as applicable.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to compliance monitoring and enforcement by the Department of labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against stop orders shall be
considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement only for cause
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for Services performed satisfactorily to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
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. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant 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 Consultant 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 Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the
prior written approval of the Contract Administrator. Consultant 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 Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms 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 Consultant pursuant to this Agreement; and/or
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant in which case the City may charge Consultant the difference between the cost to have a different consultant complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant 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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Consultant. Such materials shall not, without the prior written permission of City, be used by Consultant for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Consultant which is generally pertaining to the Services under this Agreement in any publication without the prior written consent of the City.
9.3 Consultant 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 Consultant.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant 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 prepared or developed by or on behalf of Consultant under this Agreement. Consultant 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 Consultant which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 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.
10.2 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.
10.3 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.
10.4 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.
10.5 Use of Recycled Products. Consultant 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.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within at California Government Code Section
81000 et seq.
Consultant 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.
Consultant 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 Consultant was an employee, agent, appointee, or official of City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant 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.
10.7 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.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Alan Barton ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
CivicPlus
302 South 4th Street, Suite 500
Manhattan, KS 66502
Any written notice to City shall be sent to:
Information Systems
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
10.11 Integration. This Agreement, including all exhibits and other attachments, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
CITY: CONSULTANT:
CITY OF ANTIOCH CivicPlus
____________________________________ By:______________________________ Kwame P. Reed
Acting City Manager
Name:___________________________
Title:____________________________
Attest:
____________________________________
Elizabeth Householder
City Clerk
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]
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
PAYMENT SCHEDULE
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-74853-1
Date: 4/29/2024 6:57 PM
Expires On: 7/31/2024
Client:
City of Antioch, CA
Bill To:
ANTIOCH, CALIFORNIA
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Hector Ortega [email protected] Net 30
Municipal Websites
QTY PRODUCT NAME DESCRIPTION
1.00 Annual - CivicEngage CentralAnnual - CivicEngage Central
1.00 Hosting & Security Annual Fee -
CivicEngage Central
Hosting & Security Annual Fee - CivicEngage Central
1.00 SSL Management – CP Provided
Only
SSL Management – CP Provided Only 1 per domain (Annually Renews)
1.00 DNS Hosting for .GOV – Annual
Fee
DNS Hosting for .GOV – Annual Fee
1.00 48 Month Redesign Ultimate
Annual - CivicEngage Central
48 Month Redesign Ultimate Annual - CivicEngage Central
1.00 Guardian Security (Cloudflare
WAF/CDN)
Cloudflare Tier 1 WAF/CDN security protection
1.00 CivicEngage Custom IdP
Integration Annual Fee
Custom IdP Integration Annual Fee
1.00 DNS and Domain Hosting Setup
(http://URL)
DNS and Domain Hosting Setup (https://www.antiochca.gov/)
1.00 Ultimate Implementation -
CivicEngage Central
Ultimate Implementation - CivicEngage Central
200.00Content Development - 1 Page -
CivicEngage
Content Development - 1 Page - CivicEngage
6.00 New Customer System Training
(3h, virtual) - Web Central
CivicEngage System Training - Virtual, Up to 3 Hours, up to 12 Attendees
QTY PRODUCT NAME DESCRIPTION
1.00 Agendas & Minutes Migration
- PDF - 100 Meetings -
CivicEngage
Content Migration : Agendas & Minutes - Per 100 Meetings (Approx. 1 year)
1.00 Alignment Virtual ConsultingUp to 2 days virtual consult. Recommended group 8 or less.
1.00 CivicEngage Custom IdP
Integration Package
Custom IdP Integration Package
1.00 CivicEngage Custom IdP
Integration Implementation Fee
Custom IdP Integration Implementation Fee
Accessibility
QTY PRODUCT NAME DESCRIPTION
1.00 AudioEye Managed AudioEye Managed: https://www.antiochca.gov/ Chatbot
QTY PRODUCT NAME DESCRIPTION
1.00 CivicPlus Chatbot SubscriptionPowered by AI technology, the Frase Answer Engine for Local Government uses website content to answer citizen questions. This solution includes dashboard analytics and language translation.
Media Storage/Live Streaming
QTY PRODUCT NAME DESCRIPTION
1.00 CivicEngage Media Annual FeeUnlimited storage, unlimited users, up to 3 concurrent streams
1.00 CivicEngage CP Media
Implementation
CP Media Implementation
1.00 CivicEngage Historical File
Import (up to 7,500 files – PDF /
MP3 / MP4)
CivicEngage Historical File Import (up to 7,500 files – PDF / MP3 / MP4) Group5
QTY PRODUCT NAME DESCRIPTION
1.00 Virtual Webmaster - CivicEngageVirtual Webmaster (5 hours/Monthly) - CivicEngage
List Price - Initial Term Total USD 226,475.23
Total Investment - Initial Term USD
Annual Recurring Services (Subject to Uplift) USD
Initial Term Beginning at signing and ending
36 months from date of signature.
Renews annually on date of signature.
Initial Term Invoice Schedule $20,614.95 invoiced on signature date and $48,101.56 invoiced 6 months from signature
date or completion of implementation, if earlier.
$59,191.41 invoiced one year from date of signature
$59,191.41 invoiced two years from date of signature
Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 3% to be applied in year 4
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal- stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.
Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:
For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
J
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY:Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Part Time Office Assistant
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution approving the allocation of $26,290 in fiscal year 2024-25 to continue part-time office assistance to provide additional administrative support to the City Attorney’s Office.
FISCAL IMPACT
The fiscal impact for the 2024-2025 fiscal year to allocate one part-time Office Assistant in the City Attorney’s Office is $21,000-$25,000, which is the salary range for that position. $26,290 is the amount including associated benefits required to be paid by the City.
DISCUSSION
The City Attorney’s Office has been a participant in the Springboard Internship program since the Summer of 2021. During the 2023-2024 fiscal year, one of the office’s former Springboard Summer Interns was able to work part-time in the City Attorney’s Office to provide administrative support while going to school. To continue receiving this support, the City Attorney’s Office is requesting budget allocation for part-time administrative assistance.
The workload in the City Attorney’s Office has increased dramatically in recent years. In March and April of 2024, the City hired two new Assistant City Attorneys, which brought more of the City’s legal work in-house. While these attorneys have been very helpful, the increase in in-house legal work requires additional administrative support.
During the 2023-2024 fiscal year our part-time (prior Springboard Intern) office assistant provided support with the following:
Support for the City’s rent program;
Onboarding and task allocation for the Springboard Internship program; Assist with managing case files and legal documents;
Handling public inquiries and directing them to appropriate personnel; Maintaining office supplies and organizing office space; Providing additional support as needed.
Antioch City Council Report
July 23, 2024 Agenda Item#J 2
Part-time, hourly employees provide a benefit for the City because these positions can work for a longer duration and perform the necessary work that offer continuity in the quality of City services. These positions also offer meaningful work experience, preparing them for full-time, permanent roles.
ATTACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING ALLOCATION OF ONE PART-TIME OFFICE ASSISTANT POSITION TO PROVIDE ADMINISTRATIVE SUPPORT TO CITY ATTORNEY’S OFFICE AND AUTHORIZING THE NECESSARY FISCAL YEAR 2024-25 BUDGET ADJUSTMENT WHEREAS, the City Attorney’s Office utilized part-time administrative help in fiscal year 2023-24 to provide administrative support and desires to maintain part-time administrative support in fiscal year 2024-25;
WHEREAS, the part-time Office Assistant position will be compensated according to the existing hourly (part-time) salary schedule and supervised by the City Attorney’s Office; and
WHEREAS, the the City’s Attorney’s General Fund fiscal year 2024-25 budget does not currently include an allocation for part-time help and an adjustment to the budget is necessary;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:
Section 1. One part-time Office Assistant position is hereby approved to provide administrative support to City Attorney’s Office.
Section 2. The Acting City Manager or designee is authorized to amend the Fiscal Year 2024-25-2025 City Attorney’s General Fund budget in the amount of $26,290 for part-time help.
* * * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a special meeting thereof, held on the 23rd day of July, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular meeting of July 23rd, 2024
TO: Honorable Mayor and Members of the City Council
PREPARED BY:Bret Alexander Sweet, Economic Development Program Manager SUBMITTED BY:Kwame P. Reed, Acting City Manager
SUBJECT: California Assembly Bill (AB) 844: Green Empowerment Zone
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution continuing the City of ion in the Green Empowerment Zone and renewing the
representative who shall serve a two (2) year term.
FISCAL IMPACT
None at this time. The members of the board of directors shall serve without compensation.
DISCUSSION
California State Assemblymember Tim Grayson authored AB 844, signed into law on September 28, 2021. AB 844 shall remain in effect until January 1, 2028 as Chapter 34, Division 7 of Title 1 of the Government Code.
AB 844 established
area of Contra Costa County. The Zone includes the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, Vallejo and the unincorporated portion of Contra Costa County north of CA State Highway 4. The intent of the Zone is to prioritize access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector.
AB 844 defines the governing structure as a 40-member board of directors with seven stakeholder groups serving as voting directors. The stakeholder groups and number of voting representatives allocated to each are as follows:
1. Local government - 10
2. Large employers - 5
3. State government - 5
4. Small business & economic development - 5
5. Universities, laboratories & foundations with green energy expertise 5
6. private sector organized labor organizations 5
Antioch City Council Report
2024 Agenda Item No. 2
7. Workforce development, public & private educational entities - 5 Each city and the county shall select one representative who serves a two-year term on the board of directors. An executive board of directors shall also be established that consists of the chair, two deputy chairs and up to seven members of the board of directors.
The duties of the Zone are:
1. To identify projects and programs that best utilize public dollars and most quickly improve the economic vitality of the clean energy economy in a coordinated manner.
2. officials to gain critical federal support.
3. To partner with research and educational institutions and private foundations in support of studies of interest and importance to the energy industry in the Northern Waterfront area of the County of Contra Costa.
4. To review state policies and regulations to ensure they are fair and appropriate and determine whether alternative approaches can accomplish goals in less costly ways.
5. To make recommendations to the Governor that improve the economic well- being of the region and the quality of life of residents.
6. To create and maintain a website that is managed and updated by an entity designated by the board of directors.
At this time, staff requestsstaff requests requests that the Antioch City Council consider representative to serve on the board of directors. At this time, staff requests that the Antioch City Council consider the intent to participate in the Zone and select an elected official as a representative to serve on the board of directors. Currently Mayor Lamar Hernandez-
ATTACHMENTS
ATTACHMENT
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
CONTINUE PARTICIPATION IN THE
[**] TO THE GREEN
EMPOWERMENT ZONE BOARD OF DIRECTORS FOR A TWO-YEAR TERM WHEREAS, Assembly Bill (AB) 844 established the Green Empowerment Zone WHEREAS, the intent of the Zone is to prioritize access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector;
WHEREAS, the Zone includes the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, Vallejo and the unincorporated portion of Contra Costa County north of CA State Highway 4;
WHEREAS, at this time the State of California requires affirmative action on the part of the City of Antioch to confirm its participation and interest in the Zone; and
WHEREAS
of directors with seven stakeholder entities serving as voting directors, the largest of which is the local government stakeholder group;
WHEREAS, there is currently one (1) full-term 2 year vacancy on the Green Empowerment Zone Board of Directors;
WHEREAS, Antioch Municipal Code Section 2-5.201 requires that the Mayor nominate candidates for membership on all boards and commissions and requires that the City Council approve, by a majority vote, the appointment of said nominee; and WHEREAS, [**] was nominated to one (1) full-term vacancy on the Green Empowerment Zone board of directors.
NOW, THEREFORE, BE IT RESOLVEDthat the City Council of the City of Antioch hereby confirms its interest in participating in the Zone, approves the nomination of [TBD] to the (1) one full-term vacancy and appoints them to serve on the Green Empowerment Zone board of directors as a City of Antioch local government representative. * * * * * * * *
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 23rd day of July 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
ELIZABETH HOUSEHOLDER, MPP
CITY CLERK OF THE CITY OF ANTIOCH
8 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kevin W. Kundinger, Assistant City Attorney APPROVED BY: Thomas Lloyd Smith, City Attorney
SUBJECT: KWMA Collective: Review and Possible Recommendation Regarding Proposed Change in Ownership
RECOMMENDED ACTION
It is recommended that the City Council consider adopting a resolution (“Attachment A”) to approve KWMA Collective’s proposed change in ownership.
FISCAL IMPACT
The proposed action should have no effect on the City budget.
DISCUSSION
KWMA Collective, LLC is located at 2101 W. 10thStreet, Suites E and F. City staff has recently become aware that KWMA Collective has changed its partners such that Demeter GM, Inc., an entity formed in February 2023, now owns 75% of the shares of KWMA Collective. The Change of Ownership Documents are attached as Attachment B for reference.
At the October 27, 2023 special meeting of the Cannabis Standing Committee, Committee Chair Wilson, on a motion seconded by Committee Member Torres-Walker, the Cannabis Standing Committee unanimously directed staff to forward the change of ownership to the City Council for review and approval. The minutes from that meeting are attached as Attachment C for reference.
The City’s operating agreement with KWMA Collective, LLC limits KWMA Collective’s ability to assign their operating agreement to another business. Assignment includes any change in ownership, including a change in partners, of the business. Assignment is not allowed without Council approval at a duly noticed public meeting pursuant to Section 13 of the operating agreement. The purpose of this provision is to make sure that an assignment does not occur without the City having the opportunity to review the proposed assignee’s knowledge, experience, expertise, and financial stability as relating Antioch Staff Report to Cannabis Committee
July 23, 2024 Agenda Item #8 2
to cannabis businesses. The current Operating Agreement is attached as Attachment D for reference.
Nancy Zhu, on behalf of KWMA Collective, has informed the City:
She is the owner and sole shareholder of Demeter GM, Inc. (See Demeter GM, Inc. First Meeting Minutes attached as Attachment E)
She is now the Chief Financial Officer of KWMA Collective.
Her husband, Guangming Zhang, is now the Chief Executive Officer of KWMA Collective.
KWMA Collective, LLC has indicated that there’s a change in ownership of its limited liability company. While an LLC continues in name to own KWMA Collective, a new entity now controls 75% of the LLC. The operating agreement (Section 13) requires this type of transfer of ownership to be approved by the City Council. Without such approval, the transfer is invalid or violative of the operating agreement. Staff recommends the City Council review this change of ownership and determine whether to approve it.
ATTACHMENTS
A. Resolution
B. KWMA Collective Change of Ownership Documents
C. Minutes from October 27, 2023 Cannabis Standing Committee Special Meeting
D. KWMA Operating Agreement
E. Demeter GM, Inc. First Meeting Minutes
Attachment A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING A CHANGE IN OWNERSHIP FOR KWMA COLLECTIVE, LLC.
WHEREAS, on December 14, 2021, by Resolution No. 2021/196, the City Council approved Cannabis Business Use Permit no. 21-16 for KWMA Collective, LLC; WHEREAS, on May 24, 2022, by Resolution No. 2022/96, the City Council approved the Operating Agreement for KWMA Collective, LLC (“Operating Agreement”);
WHEREAS, KWMA Collective, LLC has indicated a change in ownership of its limited liability company;
WHEREAS, an LLC continues in name to own KWMA Collective, a new entity, Demeter, Inc., now controls 75% of the LLC;
WHEREAS, Section 13 of the Operating Agreement requires this type of transfer of ownership to be approved by the City Council; WHEREAS, without City Council approval, the transfer of ownership violates the terms of the Operating Agreement;
WHEREAS, the City Council has considered KWMA Collective, LLC’s experience in the cannabis industry and its financial stability; WHEREAS, the City Council has received public comment on this matter at its July 23, 2024, regular meeting;
WHEREAS, the City Council has considered KWMA Collective LLC’s request for approval of its change of ownership and the potential benefits to the Antioch community by providing additional funding for programs to address community needs within Antioch.
NOW, THEREFORE, BE IT RESOLVEDthat the City Council of the City of Antioch hereby approves KWMA Collective, LLC’s change of ownership and recognizes Demeter GM, Inc., which is wholly owned by Nancy Zhu, as the [majority/sole shareholder] of KWMA Collective, LLC currently owning 75 percent of the shares.
Attachment A
* * * * * * * 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 23rdday of July, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
OF THE CITY OF ANTIOCH
Pei Yu Lin 15%
9 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Resolution Opposing the Decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station)
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution opposing the decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch.
FISCAL IMPACT
The recommended action has no fiscal impact.
DISCUSSION
The Antioch City Council requested staff prepare a resolution regarding the closing of the Antioch Amtrak Station in Antioch at their June 25, 2024, City Council meeting.
BACKGROUND
The Antioch-Pittsburg San Joaquins Passenger Stop began providing service to the east Contra Costa County region in Antioch on October 28, 1994. The Stop is served by the San Joaquins line that operates passenger rail service between Oakland and Bakersfield.
According to ridership data, the Antioch-Pittsburg San Joaquins Passenger Stop has provided approximately 106,000 on-boards and 118,200 off-boards between July 2016 and January of 2024. This equates to a daily average of 82 combined boarding types.
The San Joaquin Joint Powers Authority was established after the passage of Assembly Bill 1779 on August 30, 2012. This bill enabled local and regional agencies the ability to protect the San Joaquins rail service throughout the region.
On March 24, 2023, the SJJPA voted to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station). The decision to decommission the Antioch- Pittsburg San Joaquins Passenger Stop (Amtrak Station) did not have a comprehensive community engagement process nor an analysis concerning the impacts of their decision.
The decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak
Antioch City Council Report
July 23, 2024 Agenda Item #9 2
Station) will have an immediate negative impact on the local disadvantaged community which include low-income people of color, seniors, veterans, and small businesses that rely on the station.
The attached resolution of opposition has been prepared for discussion and adoption.
ATTACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2024/**
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
OPPOSING THE DECOMMISSIONING OF THE ANTIOCH-PITTSBURG SAN
JOAQUINS PASSENGER STOP (AMTRAK STATION) IN ANTIOCH
WHEREAS, the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch, CA, has been a vital transportation hub for residents and visitors, providing essential connectivity to regional and national destinations since it;
WHEREAS, the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) has provided approximately 106,000 on-boardings and 118,200 off-boardings between July 2016 and January 2024 that equates to a daily average of 82 combined boardings;
WHEREAS, the City of Antioch is committed to maintaining and enhancing its transportation infrastructure to ensure the mobility, safety, and well-being of its residents and to support the City's economic vitality and quality of life;
WHEREAS, the San Joaquin Joint Powers Authority was established after AB 1779 was passed by the State Legislature on August 30, 2012, to enable local and regional agencies to protect the San Joaquin Rail Service throughout the San Joaquin Corridor;
WHEREAS, the San Joaquin Joint Powers Authority voted to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) on March 24, 2023, at Robert J. Cabral Station South Hall Meeting Room 949 East Channel Street Stockton, CA 95202 without providing official notice to the City government or people of Antioch;
WHEREAS, the decision to decommission the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) did not have a comprehensive community engagement process nor an analysis concerning the impacts of the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) on riders who utilize the station to travel to and from the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station);
WHEREAS, the decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) will have an immediate negative impact on the local disadvantaged communities which include low-income people of color, seniors, veterans, and small businesses that rely on the station;
WHEREAS, the closure of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) would adversely affect the quality of life in Antioch; and
WHEREAS, the decommissioning of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) impacts the City of Antioch and other regional municipalities from accessing state funding that is associated with having a transportation corridor.
RESOLUTION NO. 2024/**
July 23, 2024
Page Two
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Antioch, California, hereby opposes the closing of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) in Antioch and urges Amtrak, the San Joaquin Joint Powers Authority, and relevant stakeholders to explore all possible alternatives to keep the station open and operational.
BE IT FURTHER RESOLVED, that the City Council of the City of Antioch calls upon federal, state, and local officials to join in opposition to the closure of the Antioch- Pittsburg San Joaquins Passenger Stop (Amtrak Station) and to advocate for the continued operation and investment in this critical transportation asset.
BE IT FURTHER RESOLVED, that copies of this resolution will be transmitted to the Governor of California, members of the California State Legislature, the United States Congress, the San Joaquin Joint Powers Authority, and other relevant parties to underscore the City of Antioch's strong opposition to the closing of the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station).
BE IT FURTHER RESOLVED, Antioch-
Pittsburg San Joaquins Passenger Stop (Amtrak Station), protest the decision of the San Joaquin Joint Powers Authority to close the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station), and call on the San Joaquin Joint Powers Authority to not eliminate regular service to the Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station) but rather operate both the Oakley and Antioch-Pittsburg San Joaquins Passenger Stop (Amtrak Station).
* * * * * * * *
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 23rd day of July 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
10 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: 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.
FISCAL IMPACT
The recommended action has no fiscal impact at this time.
DISCUSSION
This item is for Councilmember Torres-Walker request
to consider the potential creation of a Diversity, Equity, Inclusion, and Belonging (DEIB) - Officer position.
ATTACHMENTS
None
11 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of July 23, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: 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.
FISCAL IMPACT
The recommended action has no fiscal impact at this time.
DISCUSSION
This item is for Councilmember Torres-Walker request
to consider the potential creation of a Health and Safety Analyst position for the Human Resources Department.
ATTACHMENTS
None