Antioch City Council
September 10, 2024

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

1. Awards the agreement to Navigating Preparedness Associates, LLC. for Hazard Mitigation Plan Preparation beginning October 1st, 2024, through final FEMA approval of the plan (tentative approval date of March 2025) in the amount of $63,500 with an option to extend the agreement annually for the five (5) year period the Hazard Mitigation Plan is active; and

2. Authorizes the Acting City Manager to execute the agreement in a form approved by the City Attorney.
* * * * * * * I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

CONSULTING SERVICES/PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ANTIOCH AND

NAVIGATING PREPAREDNESS ASSOCIATES

THIS AGREEMENT (“Agreement”) is made and entered into this 10 day of September, 2024 (“Effective Date”) 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 Navigating Preparedness Associates with its principle place of business at 3245 Driftwood Drive, Lafayette, CA (“Consultant”) as of September 10, 2024. City and Consultant individually are sometimes referred to herein as “Party” and collectively as “Parties.”

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 (“Services”). 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 March 2025 (and/or the date of FEMA plan approval), the date of completion specified in Exhibit A, and Consultant shall complete the Services described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City’s 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 above and to satisfy Consultant’s obligations hereunder.

SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $63,500 notwithstanding any contrary indications that may be contained in Consultant’s proposal, for Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as 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 Agreement is based upon Consultant’s estimated costs of providing the Services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

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

Invoices shall contain the following information:

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

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

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 CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. If Consultant’s services include work 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. Workers’ Compensation Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4.4 Professional Liability (Errors and Omissions). Insurance appropriate to the Consultant’s 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’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.

4.5.2 Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 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 Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.

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 purchase “extended reporting” coverage for a minimum of 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 Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

4.7 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 may have and are not the exclusive remedy for Consultant’s breach:

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. INDEMNIFICATION AND CONSULTANT’S 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’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. 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 basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by 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 rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, 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 services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the 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 Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such 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 upon thirty (30) days’ written notice to City and shall 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 Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of 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 of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by 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 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that 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 known, shall be deemed confidential. Consultant shall not use the City’s name or logo or photographs pertaining to the Services under this Agreement in any publication without the prior written consent of the City.

9.3 Consultant’s Books and Records. 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 drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) 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 the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified 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 Lieutenant Desmond Bittner ("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:

Navigating Preparedness Associates
3245 Driftwood Drive
Lafayette, CA 94549
Any written notice to City shall be sent to:

Antioch Police Department
300 L Stret
Antioch, CA 94509

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: CITY OF ANTIOCH

_____________________________
Kwame Reed, Acting City Manager

Attest:

_____________________________
Elizabeth Householder
City Clerk

Approved as to Form

___________________________
CONSULTANT: LEE ROSENBERG

By:____________________________

Name:__________________________
Title:____________________________

Name:___________________________
Title:____________________________

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 Hazard Mitigation Plan Preparation beginning September 2024 through the plan completion and Cal OES / FEMA approval. See attached proposed schedule.

The Scope of Services to be provided by the consultant shall include, but not be limited to, the elements listed below:

Preparation of the plan will involve an inclusive citywide planning process and will include the following participants seeking FEMA approval of the Plan:

• City of Antioch
• Local special districts (water and school districts)
• Public and Private agencies, and
• Other stakeholders will be invited to participate in the plan development process as members of the planning committee

The Scope of work for this project is organized into four phases in accordance with the Disaster Mitigation Act planning process:

1. LHMP Planning/Development Process and Organize Resources;

2. Threat and Hazard Identification and Risk Assessment (Hazard Identification, Hazard Mapping, Vulnerability Assessment, and Capability Assessment);

3. Hazard Mitigation Strategy; and

4. Hazard Plan Implementation and Maintenance Process

1. Phase One: LHMP Planning/Development Process and Organize Resources

As part of the LHMP planning and development process, the City will organize a Hazard Mitigation Planning Committee (HMPC). Members of the HMPC will include representatives from each participating jurisdiction; staff with other local, state, and federal agencies; take the “whole community” approach including non-profits, religious institutions, disability access and functional needs groups, experts, or members of the public; and may also include a cross- section of the community, such as residents, community leaders, and business owners. The public will also be invited to participate on the HMPC. The HMPC will:

• Participate in the planning process, attend meetings, and provide data as requested • Solicit input from citizens and professionals with knowledge of applicable hazards • Provide input on how the risk differs across the planning area • Identify new/proposed mitigation projects
• Review drafts of the plan
• Hold public meetings
• Coordinate the formal adoption of the plan by governing boards • Manage the implementation of the proposed mitigation projects • Prepare, publish, and distribute community and required public hearing notices

The Consultant shall facilitate public meetings. Each meeting will focus on educating the public on the LHMP development process and identifying community concerns. The Consultant shall provide content to post on the City’s webpage and social media platforms. When a final draft LHMP is developed, the public will be invited to review and provide comments on the current draft. Public comments will be incorporated as appropriate by the Consultant.

Note: For security reasons, all critical infrastructure protection information will need to be redacted from the plan prior to dissemination or presentation to the public.

The City of Antioch LHMP will thoroughly document the hazard mitigation planning process, including but not limited to:

• A narrative description of how the plan was prepared and the process followed • An outline of plan development meeting dates, attendees, and agendas • Identify agencies and organizations that participated in plan development • Coordination with existing planning mechanisms
• Description of how the public was involved and strategy for public outreach/meetings

2. Phase Two: Threat and Hazard Identification Risk Assessment (Hazard Identification, Vulnerability Assessment, and Capability Assessment)

A detailed risk assessment will be developed for this LHMP. The purpose of this section is to understand the risk and vulnerability of identified natural, technological, and human-caused hazards and to provide a basis for hazard mitigation strategy development. The risk assessment will include:

a. Hazard Identification and Profiles: The Hazard Identification and Profiles will include a description and prioritization of the hazards that have occurred within the City. The hazard categories may include:

• Flood-related hazards
• Wildfire hazards
• Earthquake hazards
• Severe weather-related hazards (extreme temperatures, drought, fog, heavy rains/thunderstorms, wind/lightning, etc.)
• Nuclear hazards
• Climate change hazards
• Other man-made hazards
• Other geologic and soil hazards
• Other hazards as identified by the HMPC and other data sources

b. Hazard Mapping: Using the best available data, the risk assessment will include maps (hazard and infrastructure maps will be provided by the Consultant) that delineate areas affected by hazards and identify locations of local assets. The geographic information data will comprise a comprehensive inventory for use in developing map data layers (to the extent data is available), of the following items relative to the multiple hazard area:

• Public buildings
• Critical facilities and infrastructure
• Maps that depict the location of parcels, structures, land use, and populations • Structures will be delineated by type of use (e.g., residential, commercial, industrial, etc.)

c. Vulnerability Assessment: Based on the previous information, the Consultant will develop an overview of the City’s vulnerability to specific hazards. Digital maps and GIS data (provided by the consultant) will be developed to identify local assets that are located within known hazard areas. HAZUS will be used to model losses as appropriate. This vulnerability assessment will include (as the data allows):

• Types and numbers of buildings, infrastructure, and critical facilities located within the planning area and within identified hazard areas
• An inventory of all repetitive flood loss structures, as defined by FEMA, if applicable • Potential dollar losses from identified hazards will be estimated through a process that utilizes HAZUS-MH or GIS analysis of County assessor’s data with hazard locations • Description of land uses and development trends to advise future land use decisions.

d. Capability Assessment: A capability assessment will be conducted that will inventory those existing plans, policies, and procedures that the City has in place to temper the effect of hazards. This will include protective measures under the National Flood Insurance Program (NFIP), building codes, zoning ordinances, completed or ongoing mitigation projects, and mitigation polices established in the general or comprehensive plans of participating jurisdictions.

3. Phase Three: Hazard Mitigation Strategy

The LHMP will include a mitigation strategy to address its exposure to identified hazards. This will require meetings of the HMPC, facilitated by the consultant, and include:

a. Developing mitigation goal statements that focus on reducing the risk and vulnerability from the identified hazards.
b. Developing a comprehensive range of specific mitigation actions items being considered to reduce the effects of each hazard, based on the risk assessment. The range of potential action items will include emphasis on mitigating losses for new and existing buildings and infrastructure and for future development areas. This section will include a list of prioritized hazard mitigation action items that best meet the City’s needs for hazard damage reduction.

Prioritization factors will include an analysis of proposed mitigation projects focused on several key areas, including but not limited to economic (including benefits and cost), engineering, technical, legal, environmental, social, and political feasibility. Action items given the highest priority will meet most or all aspects of the feasibility analysis and will be the best fit for the City and all plan participants.
c. Based on previous tasks, a draft plan will be prepared in accordance with state and federal requirements. The Consultant will ensure that each required component for each plan participant is included in the Plan. The draft plan will be made available to the HMPC for review and comment. The Consultant will incorporate HMPC comments and prepare a public review draft to be distributed to interested parties.

4. Phase Four: Hazard Mitigation Plan Maintenance Process

a. Monitoring, Evaluating, and Updating: This chapter will detail how the City of Antioch HMPC will monitor, evaluate, implement, and update the Plan. For example, maintenance will occur at an annual meeting of the HMPC where the LHMP mitigation strategy and implementation progress will be evaluated and modified as appropriate. The Plan will be revised, updated, and readopted every five years in accordance with the requirements of the Disaster Mitigation Act of 2000.

b. Incorporation into Existing Planning Mechanisms: The City will implement and incorporate hazard mitigation plan goals and actions into other local planning documents, such as the local emergency operations plan, community wildfire protection plans, storm water plans, etc. Incorporation of the LHMP into the Safety Element of the General Plan for the City will be emphasized.

c. Implementation Schedule: The completed LHMP will include procedures for ensuring the Plan’s implementation, including an implementation schedule for each action item.

d. Continued Public Involvement: The City is committed to continued public involvement in the LHMP development, maintenance, and future updates. A description of public involvement activities for the Plan will be included.

e. Final Plan: The Consultant will collect and incorporate public comments to the public review draft, make all necessary revisions, and will prepare a Final Plan for submittal to CalOES and FEMA for review and approval. The Consultant is responsible for all plan revisions from CalOES, FEMA, or the City until it is adopted by Antioch City Council.

f. LHMP Adoption and Approval: The governing body of each participating jurisdiction will adopt the LHMP upon approval of the Plan from Cal OES and FEMA Region

EXHIBIT B

PAYMENT SCHEDULE

The scope of work including optional tasks for a fixed, firm fee of $63,500.

The table below contains a breakdown of tasks, and estimated labor hours by staff billing rate, and other costs.

Cost Proposal

Invoice monthly with payment due at net 30 days. Statements will contain detailed accounts of labor hours by staff and other direct costs. Each statement will provide a narrative of work completed, budget status, and any areas of concern

L
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 10, 2024

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Tasha Johnson, Public Safety and Community Resources Director

APPROVED BY: Kwame Reed, Acting City Manager

SUBJECT: Unhoused Residents Services- Amendment No. 1 to Supportive Services Agreement with Bay Area Community Services

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

1) Authorizing the Acting City Manager to execute Amendment No. 1 to the Bay Area Community Services (BACS) for supportive services associated with the City's Non-Congregate Bridge Housing Program; and

2) Authorizing the Acting City Manager or designee to make the necessary Fiscal Year 2024-2025 budget adjustments.

FISCAL IMPACT
The request is to increase the contract with BACS for an additional $818,771.24 from the American Rescue Plan Act (ARPA funds) from an initial amount of $2,563,990 to a total contract amount of $3,382,761 over 2 years. The current ARPA funding allocated to supportive services is $3,100,000. Staff recommends reallocating $282,761 from ARPA funds budgeted for the lease of the facility that will remain unspent at the expiration of that contract. This will allow adequate funding to continue the program through April 2025. There will be no net impact to allocated ARPA funding and no impact to the General Fund.

DISCUSSION
In April 2023, the City of Antioch opened Opportunity Village, a Non-Congregate Bridge Housing (NCBH) Program, in partnership with Bay Area Community Services (BACS) as the support service provider. NCBH operates at the Executive Inn Motel site located at 515 East 18th Street in Antioch, CA providing temporary non-congregate bridge housing for individuals experiencing homelessness.

Since its opening, BACS has provided supportive services to adults (without children) experiencing unsheltered homelessness. The goals of the program are to 1) provide Antioch City Council Report
September 10, 2024, Agenda Item #L

participants with a safe place to stay; 2) connect participants with community, mainstream, and personal resources based on individual need; and 3) assist participants in transitioning to more stable or permanent housing. The NCBH Program is being overseen by the City of Antioch, in alignment and coordination with Contra Costa

BACS was selected as the service provider through a competitive solicitation process due to their expertise in trauma informed care and community-based philosophy. Their approach emphasizes housing first with a supportive services approach that is rooted in health and wellness. Skill building and problem solving with participants are central to their work.

The contract period is for two (2) years, with an option for up to two additional two-year extensions. The current contract period is active until April 2025.

In the programs first year, 71 individuals were housed out of 92 exited giving it a 77% success rate. BACS prepares unhoused populations to maintain their stability with move-in and rental assistance. In addition, when clients move into permanent housing, BACS utilizes fees. Due
to the higher than expected success rate, BACS is requesting additional funding to continue supporting residents transition to permanent housing.

Additionally, BACS has increased wages for staff to be competitive and allow for a livable wage in the Bay Area. Housing Locator and Care Coordinator wages increased from $25/hr. to $30/hr. while residential counselors increased from $24/hr. to $30/hr. At the current rate of expenditures, the budget will be exhausted by October 2024. In effort to continue this work to house unsheltered residents in Antioch, it is being requested that the budget for the Service contract be increased.

ATTACHMENTS
A. Resolution
B. Agreement
C. Two Year Budget

ATTACHMENT A

RESOLUTION NO. 2024/***

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE AMENDMENT NO. 1 WITH BAY AREA

COMMUNITY SERVICES TO PROVIDE SUPPORTIVE SERVICES FOR UNHOUSED

RESIDENT SERVICES AND AUTHORIZING THE ACTING CITY MANAGER OR

DESIGNEE TO MAKE THE NECESSARY BUDGET ADJUSTMENTS

WHEREAS, on July 26, 2022, the City and Bay Area Community Services entered -
Congregate Bridge Housing Program Located at 515 East 18th Street in the amount of $2,563,990;

WHEREAS, on May 1, 2023, BACS initiated their supportive services contract with -Congregate Bridge Housing Program,
Opportunity Village;

WHEREAS, BACS has successfully housed 71 residents with a rate of success of 77% its first year;

WHEREAS, the Public Safety and Community Resources Department is recommending increasing the contract with BACS by $818,771.24 in American Rescue Plan Act (ARPA) funding available in order to continue to provide services through April 2025 as the current contract amount is insufficient to provide services past October 2024; and

WHEREAS, the City Council has considered increasing the contract with BACS utilizing $536,010 in remaining ARPA budget for Support Services and re-allocating funds in the amount of $282,761 from the Bridge Housing Lease ARPA budget to Support Services, for a total contract increase of $818,771.24.

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

1. Authorizes the Acting City Manager to execute Amendment No. 1 in the amount of $818,771.24 to the agreement with Bay Area Community Services to provide supportive services for a total not to exceed $3,382,761 over 2 years (Exhibit A) in a form approved by the City Attorney.

2. Authorizes the Acting City Manager or designee to make the necessary Fiscal Year 2024-2025 APRA Fund budget adjustments.

* * * * * * * * * *
RESOLUTION NO. 2024/***
September 10, 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 10th day of September 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
AMENDMENT NO. 1 TO AGREEMENT

WITH BAY AREA COMMUNITY SERVICES TO PROVIDE FOR SUPPORTIVE

SERVICES FOR UNHOUSED RESIDENT SERVICES AND AUTHORIZING THE

ACTING CITY MANAGER OR DESIGNEE TO MAKE THE NECESSARY BUDGET

ADJUSTMENTS

THIS FIRST AMENDMENT TO THE AGREEMENT FOR BAY AREA COMMUNITY SERVICES is entered into this 10 the day of September 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 Bay Area Community Services Inc. (BACS) with its principle place of business 390 40th Street, Oakland, CA 94609 (“Contractor”). City, and Contractor individually are sometimes referred to herein as “Party” and collectively as “Parties.”

R E C I T A L S
WHEREAS, on April 23rd, 2023, City and BACS, entered into an Agreement for Supportive Services for the Transitional Housing Program (“Agreement”) and the term of this Agreement shall end on April 21, 2025.

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

1. Section 2. “Compensation” the contract shall be amended to read as follows:

City hereby agrees to pay Contractor a sum not to exceed $3,382,761 over a two-year period, notwithstanding any contrary indications that may be contained in Contractor's proposal, for Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor 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 Contractor for Services rendered pursuant to this Agreement. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person.

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

CITY: CONTRACTOR:

CITY OF ANTIOCH: BAY AREA COMMUNITY SERVICES,
INC.:

By: By:

Kwame P. Reed Jamie Almanza
Acting City Manager Chief Executive Officer
ATTEST:

Elizabeth Householder
City Clerk
By:_________________________________
APPROVED AS TO FORM: Renee Tripp
Director of Finance and Administration

__________________________________
Thomas Lloyd Smith
City Attorney

M
Agenda Item #
TJ

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 10, 2024

TO: Honorable Mayor and Members of the City Council

PREPARED BY: Teri House, CDBG/Housing Consultant

APPROVED BY: Tasha Johnson, Public Services and Community Resources Director

SUBJECT: Resolution to Change Authorized Signatory to Submit Annual Application for Permanent Local Housing Allocation (PLHA) funding

RECOMMENDED ACTION:

It is recommended that City Council:

1. Adopt the resolution to rescind Resolution No. 2020/110 (Staff Report Attachment A).

2. Adopt the resolution authorizing the City Manager or Acting City Manager to execute the Permanent Local Housing Allocation Program Application, the Permanent Local Housing Allocation Standard Agreement and any subsequent amendment or modifications (Staff Report Attachment B).

FISCAL IMPACT
The proposed action updating the resolution for has no fiscal impact.

DISCUSSION
The City of Antioch submitted its initial PLHA application for funding with Resolution No. 2020/110, which authorized Ron Bernal, City Manager, as the signatory. This resolution was accepted by HCD at that time.

In June 2024, when the application for funding was signed by the Acting City Manager, HCD informed the City that a new resolution must be passed. The new resolution must list only the title of the position authoriz
name, using the current HCD template, to comply with current HCD requirements.

To meet these requirements, the City Council may designate the title City Manager or Acting City Manager as the authorized signatory. This designation will allow for flexibility Antioch City Council Report
September 10, 2024 Agenda Item #M 2

in future years without requiring additional resolutions, as both titles may be reasonably utilized.

Additionally, HCD has instructed that the new resolution adhere to their updated template, which differs slightly from the original resolution passed by City Council in 2020. By facilitates the release

Rescinding Resolution No. 2020/110 and adopting the new resolution will ensure that the City remains eligible for PLHA funding within the current five-year PLHA plan, with no further resolutions anticipated for subsequent applications.

ATTACHMENTS
A. Resolution 2024/** Rescinding Resolution 2020/110
B. Resolution 2024/** Authorizing City Manager or Acting City Manager C. Resolution 2020/110
D. 2020 Initial PLHA Application

ATTACHMENT A
RESOLUTION NO. 2024/***

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
RESCINDING RESOLUTION NO. 2020/110 FOR THE PERMANENT LOCAL

HOUSING ALLOCATION PROGRAM APPLICATIONS

WHEREAS, the City Council of the City of Antioch previously adopted Resolution No. 2020/110 which authorized a specific individual to act as the signatory for Permanent Local Housing Allocation (PLHA) applications submitted to the State of California Department of Housing and Community Development (HCD);

WHEREAS, the State of California Department of Housing and Community Development (HCD) requires that the signatory for PLHA applications be designated by position title rather than by name; and

WHEREAS, it is necessary to update the authorized signatory to reflect the position title of City Manager or Acting City Manager to comply with HCD requirements.

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

1. Resolution No. 2020/110 is hereby rescinded.

* * * * * * * * *

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 10th day of September, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

___________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

ATTACHMENT B
RESOLUTION NO. 2024/***

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

CHANGING THE AUTHORIZED SIGNATORYAND ADOPTING THE UPDATED HCD

TEMPLATE FOR PERMANENT LOCAL HOUSING ALLOCATION PROGRAM

APPLICATIONS

WHEREAS,
under the Permanent Local Housing Allocation (PLHA) Program;

WHEREAS, the City of Antioch is an eligible local government that has applied for, and will continue to apply for, program funds to administer one or more eligible activities, or as a Local or Regional Housing Trust Fund to which an eligible Local government delegated its PLHA formula allocation;

WHEREAS, the Department may approve funding allocations for the PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;

WHEREAS, on June 23, 2020, City Council adopted Resolution No. 2020/110 authorizing the application for and receipt of PLHA grant funds from the State of California; and

WHEREAS, upon adoption of the new resolutions, the Department of Housing and Community Development (HCD) requires the City to submit a new resolution using the current template offered by HCD.

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

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, the City represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts City may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA $2,365,410 in accordance will all applicable laws and rules.

RESOLUTION NO. 2024/***
September 10, 2024

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Applicant certifies that it has or will subgrant some or all of its PLHA funds to means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

6. Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

7. expended only for eligible Activities and consistent with all program requirements.

8. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B), and (C).

9. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

10. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

RESOLUTION NO. 2024/***
September 10, 2024

11. The City Manager or Acting City Manager is authorized to execute the Permanent Local Housing Allocation Program Application, the Permanent Local Housing Allocation Standard Agreement and any subsequent amendment or modifications thereto, as well as any other documents which are necessary the Program or for the Permanent Local
Housing Allocation grant to be awarded to the City, subject to approval of form by the City Attorney.

* * * * * * * * * * *

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 10th day of September, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH

9 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL AND HOUSING SUCCESSOR TO THE

ANTIOCH DEVELOPMENT AGENCY OF THE CITY OF ANTIOCH

DATE: Regular Meeting of September 10, 2024

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Teri House, CDBG/Housing Consultant

APPROVED BY: Tasha Johnson, Director of Public Safety and Community Resources

SUBJECT: Public Hearing to Review the Fiscal Year 2023-24 Consolidated Annual Performance Evaluation Report (CAPER) for Community Development Block Grant (CDBG), Housing Successor, and
Permanent Local Housing Allocation (PLHA) Funds

RECOMMENDED ACTION
It is recommended that the City Council receive and consider public comment on the Fiscal Year 2023-24 CAPER year-end report, detailing achievements of programs funded with CDBG, Housing Successor and PLHA funds for housing, homeless, and community services to improve the quality of life of lower income Antioch residents and neighborhoods.

FISCAL IMPACT
There is no impact of these actions to the General Fund.

DISCUSSION
The CAPER details the achievements of funded agencies during the third year of the 2020-25 Consolidated Plan. It examines individual agency goals and outcomes and how -year Consolidated Plan priorities. Funded
agencies continued to adapt to effectively deliver services while still impacted by COVID- 19 variants and restrictions. Almost all agencies exceeded their goals. Following is a summary of the Priority Goals and Annual Strategies which were funded in FY 2022-23.

HOMELESS GOALS AND STRATEGIES (H-1 AND H-2)

H-1: Permanent Housing for Homeless.
homelessness by supporting homeless outreach efforts, emergency shelter, transitional housing, and permanent housing with supportive services to help homeless persons achieve housing stability.

Antioch City Council Report
September 10, 2024 Agenda Item #9 2

Homeless Outreach

H-1.1 Health, Housing and Homeless Services Division, Contra Costa Health Services - CORE Homeless Outreach (HS $30,000 allocated and expended). Program conducts outreach to unsheltered persons and serves as an entry point into the coordinated entry system for unsheltered persons and work to identify, engage, stabilize and house chronically homeless individuals and families. The outreach teams contact homeless individuals to provide basic needs supplies, counseling, benefits assistance, linkages to healthcare, shelter placement, and referrals and transportation to C.A.R.E.

Centers.

Goal 400, Served 2,094 (524%) Significantly exceeded goal.

In FY 2023-24 CORE, like many other agencies, continued to struggle with insufficient staffing as well as limited shelter vacancies and lack of housing availability. They concentrated on more housing outreach services like getting clients housing document ready, obtaining an income, applying for waiting lists, and reconnecting them with family and friends who might take them in or help.

Homeless Shelter

H-1.2 STAND! For Families Free of Violence - Emergency Shelter (HS $10,000 allocated/expended). Program provides up to 24 adult survivors and their children who are fleeing from violent relationships for up to 3 months at no cost. As part of a continuum of care at STAND!, the emergency shelter provides clients with access to comprehensive supportive services including food, clothing, social and legal advocacy, vocational -based
counseling transitioning clients toward independence.

Goal 10, Served 31 (310%). Significantly exceeded goal.

In FY 2023-24, as COVID cases dropped, agency was able to bring more clients directly to the shelter site instead of a motel and continues to provide comprehensive family violence services including a 24-hour crisis line.

H-1.3 Winter Nights Family Shelter- Winter Nights Rotating Emergency Family Shelter (HS $15,000 allocated, $14,999.92 expended). Program provides emergency family for up to 30 adults with children, providing shelter, food, transportation, showers, case management, tutoring, housing placement assistance and more.

Goal 18, Served 24 (133%). Exceeded goal.

In FY 2023-24 the program saw an increase in Spanish-speaking clients and is working on offering Spanish classes to current staff & hiring bilingual staff.

H-1.4 Winter Nights Family Shelter - Safe Parking Program (HS $171,500 allocated, $145,492.07 expended). Program provides supervised overnight parking for individuals, families and couples and their pets living in their vehicles, with overnight security, access to bathrooms, snacks, case management & housing assistance, and showers at the SVDP Day Center.

Goal 20, Served 65 (217%). Significantly exceeded goal.

In FY 2023-24 the program launched at St. Ignatius Church in Antioch. Staff works with clients to help them become document ready for any housing opportunities that come available. Of those exiting, 17% moved in with family/friends on a Antioch City Council Report
September 10, 2024 Agenda Item #9 3

temporary basis, 15% moved into the Winter Nights Family Shelter, 10% moved into permanent housing, 4% obtained temporary room rentals, 2% moved into Opportunity Village, 2% went into rehabilitation, and 2% went to the hospital.

H-2: Prevention of Homelessness. Expand existing prevention services including emergency rental assistance, case management, housing search assistance, legal assistance, landlord mediation, money management and credit counseling.

H-2.1 Bay Area Legal Aid Homeless Prevention Eviction Services (HS $25,000 allocated/expended. Program provides eviction prevention services to extremely and very low-income Antioch households to help them avoid eviction and homelessness, as well as tenant information and counseling; negotiations with landlords and other advocacy assistance; and legal services including advice, info and referral, and filing of required agency and court papers.

Goal 100, Served 117 (117%) Met Goal
In FY 2023-24, BALA worked on 70 Antioch cases. 45 clients had children in their households, benefiting a total of 174 Antioch residents. The majority of cases (66%) concerned private tenant/landlord, followed by federal subsidized housing cases (34%). The majority of households (55%) had a person with a disability.

H-2.2 Contra Costa Crisis Center/2-1-1 Homeless Services (HS $10,000 allocated and expended). Programs provide a 24-hour mental health crisis intervention service and 211 information and referral service utilizing a robust and continually updated social service database of local homeless, health and social services programs. Full-time professional staff and highly trained volunteers provide immediate crisis support service as well as immediate information and referrals 24 hours per day - to emergency shelters, emergency food programs, job training, health care and other services as well as residents, allowing for a single point of entry for a variety of resources.

Goal 1,000 Served 2,048 (205%) Significantly exceeded goal.

In FY 2023-24 overall agency call volume decreased but there was a significant increase of 15,234 more visits to the 211 Resource Database, which can be viewed 24/7 in 17 languages. Database access increases each year as a quick, easy, and confidential way to find needed resource information as an alternative to calling or texting the 211 phone line.

H-2.3 Loaves and Fishes, Nourishing Lives Feeding Homeless and At-Risk Households (HS $10,000 allocated, $9,999.87 expended). Program provides hot nutritious meals and food pantry to very low to low-income people living in the County. Partnering with other agencies, clients are also offered safety net services such as medical, shelter, and registration for Cal Fresh.

Goal 650, Served 812 (125%) Significantly exceeded goal.

In FY 2023-24 agency experienced a high demand for hot meals and groceries as people struggled to regain their footing after the pandemic while experiencing high inflation and food costs, and increased homelessness.
same food in hard-to-reach encampments and places with
no dining rooms.

Antioch City Council Report
September 10, 2024 Agenda Item #9 4

H-2.4 SHELTER Inc. Homeless Prevention/Rapid Rehousing (HS $150,000 allocated/$149,999.65 expended) Program prevents homelessness for households at- risk of homelessness and rapidly re-houses households who were homeless by providing supportive services and financial assistance.

HS Goal 200, Served 851 (426%) Significantly exceeded goal In FY 2023-24, agency worked with 851 Antioch residents who contacted them for service. Of those, 238 qualified to receive financial assistance. Agency disbursed $189,814.59 in financial assistance to these 238 residents, of which $97,259 was from the Antioch HS grant, and $92,556 was from other sources. Agency estimates that to adequately serve the Antioch population who needs assistance annually would require an allocation of $370,000 annually and would greatly assist in reducing individuals from losing their housing and falling into homelessness.

NON-HOUSING COMMUNITY DEVELOPMENT GOALS & STRATEGIES (CD-18) Public Services (CD-15)

CD-1: General Public Services. Ensure that opportunities and services are provided to improve the quality of life and independence for lower-income persons and ensure access to programs that promote prevention and early intervention related to a variety of social concerns.

CD-1.1 Cancer Support Community (CDBG $10,000 allocated, $9,999.91 expended).

Program center in Antioch targets underserved communities focusing on Latino and Black residents by providing free cancer care including psychosocial support, integrative therapies, educational programs, therapies, community navigation and emergency financial assistance.

Goal 14, Served 24 (171%) Exceeded goal.

In FY 2023-24 the agency analyzed results from an extensive needs assessment of Black cancer patients conducted last year. It published a report on the impact of health inequities in supportive cancer care for Black/African-Americans who experience higher incidence of cancer, shorter survival times, and higher mortality rates. The report can be found here on their website.

CD-1.2 Opportunity Junction Technology Center Training (CDBG $10,000 allocated and expended). Program provides low-income workers, job-seekers, and seniors with accessible training in computer applications, English as a Second Language, typing, Spanish, and free access to computers and the Internet Mon-Thurs evenings from 5 pm to 9 pm.

Goal 75, Served 80 (107%) Met goal.

In FY 2023-24 Antioch residents attended 1,295 hours of classes such as Computer Basics & Intermediate classes, English as a Second Language, typing tests, website building, artificial intelligence classes, Google docs, and more.

CD-1.3 St. Vincent De Paul RotaCare Pittsburg Free Medical Clinic (CDBG $10,000 allocated and $9,999.65 expended). Program consists of a 4-exam room clinic that provides free urgent and chronic medical to the uninsured. All services are free of charge including physician/nurse treatment, pharmaceuticals, lab services, x-rays, MRIs, ultrasounds, and diagnostics. Patients are referred for free surgical and specialty care.

Antioch City Council Report
September 10, 2024 Agenda Item #9 5

Bilingual support provided for all services.

Goal 240, Served 322 (134%) Exceeded goal.

In FY 2023-24 the Clinic provided free health services to 990 people of which Antioch residents were 33%. All were lower income and 76% were Hispanic. SVDP Senator Glazer.

CD-2: Non-Homeless Special Needs. Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as elderly and frail elderly, victims of domestic violence, persons with HIV/AIDS, persons with mental, physical and developmental disabilities, abused children, illiterate adults and migrant farm workers.

CD-2.1 Senior/Disabled Adults: Choice in Aging Bedford Center Adult Day Health Cares (CDBG $10,000 allocated, $9,999.96 expended). Program provides adult day health care for severely disabled adults, primarily frail seniors and those with various types of dementia to support living at home and caregiver respite.

Goal 29, Served 27 (118%) Met goal.

In FY 2023-24 agency faced continuing challenges attracting and retaining staff due in part to the low rates paid by the health plan that primarily funds these services. Agency continues to advocate at the state and federal level to change policy and budget allocations to prioritize community-based care when possible, to avoid the need for most costly, less personal institutional care.

CD-2.2 Victims of Domestic Violence: Contra Costa Family Justice Center Navigation for Victims of Domestic Violence (CDBG $10,000 allocated/expended).

Program provides system/services navigation services to victims of domestic violence, sexual assault, child abuse, elder abuse, and human trafficking.

Goal 300, Served 372 (124%) Exceeded goal.

In FY 2023-24 the agency served a record-breaking number of persons. The top five needs were for family law (20%), mental health/counseling (18%), restraining orders (13%), advocacy (9%), and housing (6%). Cases by type of violence were domestic violence (68%), child abuse (12%), sexual assault (9%), elder abuse (7%), stalking (4%) and human trafficking (1%).

CD-2.3 Seniors: Contra Costa Senior Legal Services (CDBG $10,000 allocated, $9,999.83 expended) Program provides vital legal assistance to older residents of the County aged 62 and over in areas such as eviction defense, protection from elder abuse and consumer debt, and Advanced Health Care directives and Power of Attorneys.

Goal 100, Served 115 (115%) Exceeded goal.

In FY 2023-24, agency continues to see a high number of housing cases for seniors on fixed incomes due to eviction orders, rising costs from inflation, and an increase in the number of scams targeting seniors.

CD-2.4 Seniors/Disabled Adults: Empowered Aging - Ombudsman Services (CDBG $10,000 allocated, $9,999.92 expended). Program provides dependent adults and elderly residing in long-term care facilities with access to safe and secure environments through the advocacy of trained and certified Ombudsman who investigate abuse and ensure compliance of facilities.

Antioch City Council Report
September 10, 2024 Agenda Item #9 6

Goal 125, Served 161 (129%) Exceeded goal.

In FY 2023-24, agency experienced more complex cases and need for additional staff and volunteer support. Countywide they visited 97% of all Skilled Nursing Facilities and 11% of Residential Care Facilities for the Elderly and resolved 1,527 complaints, for a 97% complaint resolution rate.

CD-2.5 Seniors/Disabled Adults: Lions Center for the Visually Impaired Independent Living Skills (CDBG $10,000 allocated/expended) Program provides in- home independent living skills instruction as well as high-tech assistive devices to visually impaired adults so they will maintain their independence and avoid institutionalization. It also conducts group classes and activities with field trips, as well as early detection and intervention with free vision screening events at low-income senior housing and residential facilities.

Goal 30, Served 70 (233%) Significantly exceeded goal.

In FY 2023-24 agency services increased outreach and continued virtual and in- person services including vision screening, home visits, hybrid events and excursions, and provided information and referral to support social service, mental health, housing and food insecurity.

CD-2.6 Seniors: Meals on Wheels Diablo Region Care Management (CDBG $10,000 allocated/expended). Program provides an array of services to help older adults and their families meet long-term care needs. Care managers assist seniors in resolving critical issues affecting their health and wellness to help them live as independently as possible.

Goal 150. Served 70 (47%) Significantly under goal.

In FY 2023-24, the program experienced staff transitions and operated with only two of five team members for over 6 months. They hope to be fully staffed by the beginning of autumn.

CD-2.7 Seniors/Disabled Adults: Meals on Wheels Diablo Region Meals on Wheels (CDBG $10,000 allocated/expended) Program delivers seven nutritious meals each week to frail, home bound seniors and disabled adults to help them live at home in safety, comfort, and with dignity for as long as they can. Seniors benefit from daily health and wellness checks from volunteer drivers and ongoing client monitoring through in-home visits by outreach workers.

CDBG Goal 330, Served 277 (84%) Under goal
In FY 2023-24, after increasing their goal from 250 to 330 during the pandemic, the effect of rising gas prices, inflation and other factors reduced the number of volunteer drivers, which contributed to serving fewer than expected. Additionally, more seniors seem to be eating at congregate Senior Center meal sites post pandemic.

CD-3: Youth. Increase opportunities for children/youth to be healthy, succeed in school, and prepare for productive adulthood.

CD-3.1 Bay Area Crisis Nursery (CDBG $10,000 allocated/expended). Program provides short-term residential shelter services and emergency childcare for children ages birth through five years of families experiencing crisis, and monthly respite/stress Antioch City Council Report
September 10, 2024 Agenda Item #9 7

breaks for 1-3 days for families at risk of child abuse.

Goal 15, Served 42 (280%) Significantly exceeded goal.

In FY 2023-24, demand continued to rise, stretching resources. Agency provided 8,831 hours of care, 282 days of emergency childcare, and 268 overnight safe stays for children living in Antioch.

CD-3.2 Community Violence Solutions Child Sexual Assault Intervention (CDBG $10,000 allocated and expended). Program provides child sexual assault and physical abuse victims aged 2-17 years and their non-offending family members services including forensic interview, advocacy, case management, and mental health services.

Goal 65, Served 37 (57%) Under goal. High turnover in law enforcement led to detectives in the Contra Costa protocols to increase referrals.

In FY 2023-24 the CIC staff had time to participate in a number of specialized trainings, and also provided trainings to Children and Family Services social workers, nurse examiners, Sexual Assault Response Team (SART) members, and first responders and detectives.

CD-3.2 Court Appointed Special Advocates Advocacy for Youth at Risk (CDBG $10,000 allocated, $9,999.93 expended). Program provides advocacy, mentoring and representation services to abused and neglected children who are wards of the County Juvenile Dependency Court to improve access to social services, health care, therapeutic services and a safe and permanent living situation.

Goal 40, Served 65 (163%) Exceeded goal.

In FY 2023-24, 100% of CASA foster youth completed high school (far higher than the foster youth population without CASA volunteer advocates.) They also have a much higher rate of pursuing post-secondary education such as college or trade/vocational school.

CD-4: Fair Housing. Continue to promote fair housing activities and affirmatively further fair housing to eliminate discrimination in housing choice in the City of Antioch.

CD-4.1 City of Antioch Fair Housing Services (CDBG-CV $25,000 allocated, $8,051.33 expended). Program investigates complaints of alleged housing discrimination and provides fair housing counseling services, including advice, mediation, testing/audits to uncover discrimination, training to housing providers, and outreach and education to residents and landlords.

Goal 25 cases, Served 29 (116%) Met goal.

In FY 2023-24, Fair Housing and Tenant/Landlord services were brought in-house using residual CDBG-CV funds and a full-time staff hired mid-year. Types of cases seen were discrimination based on disability/reasonable accommodation, which remain the greatest number of cases, as well as those based on race and source of income. Staff and the Mayor promoted Fair Housing month with a proclamation and eld a Fair Housing drawing contest with prizes to support, publicize, and educate Antioch residents about Fair Housing rights.

CD-5: Tenant/Landlord Counseling. Support the investigation and resolution of disagreements between tenants and landlords and educate both as to their rights and Antioch City Council Report
September 10, 2024 Agenda Item #9 8

responsibilities, so as to help prevent people from becoming homeless and to ensure fair housing opportunity.

CD-5.2 City of Antioch Tenant/Landlord Counseling Services (CDBG-CV $100,000 allocated, $83,532.54 expended). Program provides landlord/tenant counseling services and legal services to Antioch tenants and landlords on their rights and responsibilities under federal, state and local housing laws.

Goal 150, Served 166 (111%) Met goal
In FY 2023-24, counseling services provided primarily addressed evictions (32%), return of deposit (5%), harassment (4%), repairs and habitability (17%), rent increases (14%), and other issues (27%). Of the 166 cases, 68% were women and 32% were male. About 20% of the women had minor children, and 30% of all cases had children under the age of 18 in the household. Disabled households accounted for 5% of cases.

The focus throughout the year was on Outreach to let residents know of the change in service provider to the City with numerous tabling sessions, housing clinics, and distribution of flyers in English and Spanish. Outreach successfully reached . Black households comprised 51% of those served,
although only 21% of Antioch's population. Hispanic households were served by a native speaker in Spanish as needed and were 27% of cases, 36% population. Asian residents comprise 14% of Antioch's population, but only 4% of Over 66% of tenant services benefited those with extremely low incomes, with 16% having incomes that are considered by HUD to be very low-income, and 7% were low income. 10% either declined to state their income or had incomes greater that 80% of the area median.

Economic Development (CD-6)

CD-6: Economic Development. Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very low- and low-income residents, and increase the viability of neighborhood commercial areas.

CD-6.1 COCOKids Road to Success for Childcare Businesses (CDBG $20,000 allocated/expended). Program benefits lower income residents by providing microenterprise assistance for those who want to maintain or start stable small businesses as licensed home-based family childcare providers.

Goal 18, Served 21 (117%) Exceeded goal.

In FY 2023-24 agency served 10 retention and 11 new microenterprises and worked with 18 potential microenterprises in the process of becoming licensed in Antioch. Challenges included increased waiting periods with CA Dept of Social Services which licenses the businesses, as well as difficulties that Spanish and other language-speaking clients experience with the state licensing agency and in obtaining some trainings required for their license which are not provided in their language.

CD-6.2 Monument Impact Emerging Business Support Program (CDBG $20,000 allocated/$19,996.68 expended). Program assists Latinx immigrants to formalize and license their small, family-owned businesses by providing highly individualized services Antioch City Council Report
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that address the language, technology and financial barriers that immigrant entrepreneurs face.

Goal 6, Served 4 (67%) Short of goal.

In FY 2023-24, the agency utilized $5,000 of the budget to provide grants to developing businesses for purchase of needed tools or supplies to start their microenterprises. The biggest challenge they face in Antioch is the requirement of property owner consent for renter home-based businesses. This impacts establishing businesses like landscaping, handyman, or maid businesses, even though they are not conducted at the home, and greatly reduces the number of businesses that can launch.

CD-6.3 Opportunity Junction Job Training and Placement Program (CDBG $60,000 allocated/expended). Program helps motivated job seekers develop the skills and confidence to enter careers in the administrative field by providing three sessions of 12-week intensive training in both the required technical skills to succeed in administrative roles and the life skills needed to thrive in a contemporary workplace. It also includes a post-training internship and lifetime alumni services. All graduates are hired into a paid work experience for up to 4 months upon graduating. Program trains and places graduates into 14 employer partner businesses with contracts to hire, providing residents with administrative careers that enable them to become self-sufficient.

Goal 2, Served 3 (150%) Exceeded goal. NOTE: A total of 20 Antioch residents were enrolled in training and 17 graduated and went on to work. Three graduates were placed in businesses with a HUD-required hiring contract to hire Opportunity Junction graduates.

In FY 2023-24, all three HUD placements went to full-time jobs, of which two of the three had employer-sponsored health care benefits. the average wage was $23/hr.

CD-6.4 Renaissance Entrepreneurship Center Microenterprise Development (CDBG $20,000 allocated/expended). Program serves English and Spanish speaking low-income residents with intensive small business training, classes, individual consulting, network development, and access to capital services to develop the business skills and acumen, and access the resources and networks needed to create thriving small businesses.

Goal 15, Served 38 (253%) Significantly exceeded goal.

In FY 2023-24 ,
participants will, on average, generate $162,385 in gross annual revenues, increasing their household income by 61% and create employment for themselves and one to three additional residents.

Infrastructure & Public Facilities for Homeless/Emergency (CD-7 & CD-8)

CD-7: Infrastructure and Accessibility: Maintain adequate infrastructure in lower income areas and ensure access for the mobility-impaired by addressing physical access barriers to goods, services, and public facilities in such areas.

The Downtown Roadway project for FY 2023-24 was cancelled and the funds reallocated by a Special Amendment to the FY 2024-25 Action Plan to support land purchase by Hope Solutions for affordable housing production.

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September 10, 2024 Agenda Item #9 10

Administration (CD-9)

CD-9: Administration. Support the development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administer federal grant programs in a fiscally prudent manner.

CD-9.1 City, Administration of CDBG Program (CDBG- $165,194 allocated, $135,519.79 expended) Program supports the development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administering federal grant programs in a fiscally prudent manner.

In FY 2023-24 City CDBG administration funding continued to support Antioch nonprofits with web assistance to bring their websites into compliance with newest standards for disability access, and to add language translation to sites.

Affordable Housing Goals and Strategies (AH-1 AH-3)

AH-3: Maintain and Preserve Affordable Housing. Maintain and preserve the existing affordable housing stock, including single family residences owned and occupied by lower- -family units at risk of loss to the market, and housing in deteriorating or deteriorated lower income neighborhoods.

AH-3.1 Bay Area Affordable Homeownership Alliance Antioch Home Ownership Program (AHOP) (HS $60,000 allocated $26,975 expended). Program helps lower income Antioch renters, employees of Antioch businesses, and others become Antioch homeowners by providing HUD approved homebuyer education (8 hrs.) and counseling, reviewing applications, assistance to identify down payment subsidies, and connection with lenders.

Goal 5 loans, 0 loans completed.

In FY 2023-24, BAAHA continued outreach and secured 63 additional applications for AHOP, of which 21 were eligible to secure AHOP funding, and 7 instructed to move forward and reserve AHOP subsidy. After securing AHOP funding, buyers should then begin their Antioch home search. Once a home has been found, AHOP requires 30 to 45 days to close a transaction.

Five households entered into a purchase contract prior to securing AHOP approval. The purchase contracts for these non-approved AHOP buyers had between 15 to 30 days remaining to close the transaction. Due to the requirement to extend the duration of time to close the transaction, the parties involved in these transactions were either not able or willing to secure AHOP funding. One AHOP preapproved buyer entered into a contract but decided not to purchase the home.

BAAHA worked hard this year to prepare participating households and real estate professionals to successfully work with the AHOP program, including 1) a higher level of support and guidance provided to real estate professionals and households; 2) greater emphasis to secure AHOP subsidy approvals prior to households starting their home search; and 3) interacting directly with homebuyer households and landlord/tenants to promote the sale of a rented property to the tenant.

Antioch City Council Report
September 10, 2024 Agenda Item #9 11

AH-3.3 Habitat for Humanity Homeowner Housing Rehabilitation (HS $510,000 allocated, $413,702.32 expended). Project helps lower income single-family homeowners to rehabilitate their homes and improve accessibility and livability, especially for elderly and disabled homeowners.

Goal was 10 grants, 3 loans. Agency made 12 grants, 3 loans funded and 3 loans completed with 4 other loans committed and at various stages. Total amount of loans funded in FY 23-24 = $309,250 (Since program inception in FY 21-22, 8 loans have been committed totaling $534,250, and 4 loans completed totaling $160,104.80).

In FY 2023-24, the program is surging with great acceptance and demand. The majority of loan and grant recipients have been disabled seniors.

FY 2020-25 Consolidated Plan Summary
As of the close of FY 23-24, the City and its nonprofit partners have served a total of 67,692 persons, of which 7,674 were served in FY 23-24. Agencies on a whole have exceeded their service goals, attaining 135% of goal over the Consolidated Plan and 185% this past year.

The Antioch City Council has prioritized providing community grants to benefit those with the lowest incomes who are most vulnerable, especially those with incomes that are at 30% or below of the area median income (AMI). An analysis was conducted on services utilized by household income and race/ethnicity. In FY 23-24, 78% of persons served had household incomes of 30% or less than the area median income (AMI), 19% had incomes between 31-50% AMI, and 3% had incomes between 50-80% AMI. Data conclusively shows that community grant funding is serving those in the lowest income categories, with 97% of those receiving services having incomes less than half of the area median income for the Oakland/Fremont Metropolitan Area.

Equity Analysis - Comparing persons served over the year by race and Hispanic ethnicity shows similar ratios of persons served to the Antioch population with the following exceptions:

Hispanic/Latino/Latina is a subset of all the other races. In Antioch, Hispanic residents comprise 36.4% of the population. Yet they only access services at a rate of 16.2% over the ConPlan period, and 17.3% in FY 23-24 which is disproportionally low. In CDBG-funded services, the rate is much higher, with

33.7% of those accessing services being Hispanic, which is relatively proportional. o In Other services which includes Homeless services, the rate if much lower, at 11%. In the 2024 homeless PIT count, Hispanics account for 15% of all persons experiencing homeless on a particular night and 20% across CoC services. For those Hispanics who are homeless, 73% access Crisis Response services.
o When separating out Fair Housing and Tenant/Landlord services, 26.3% of services are provided to Hispanic residents, which is still disproportionally Antioch City Council Report
September 10, 2024 Agenda Item #9 12

low. Of Fair Housing complaints and inquiries, 6 cases were brought forward by Hispanic residents, one of which involved three of the protected classes. The only two Race complaints were brought forward by Hispanic residents, and five concerned disability (3 mental and 1 physical disability).

One case with multiple allegations also involved gender. o Looking at Economic Development activities, we see some good news: job training and microenterprise development by Hispanic residents reached

39.4%. Since COVID, the City added two nonprofits that specialize in microenterprise development in the Hispanic community, and they have been effectively reaching this targeted population.

African American/Black
over the ConPlan period are 32.8% of those served, which is disproportionally high (+12.8%). In 23-24 they represented 34.8% of all served, which is a difference of

13.9%, higher still. However, they are only 25.4% of those served with CDBG funds.
o Black residents receive homeless related services at 38.4%, the highest rate of all races except for the Other Mixed race category (32.3%). The 2024 Homeless Point In Time (PIT) count for Contra Costa County shows that Blacks made up 33% of the homeless population countywide. Of the three types of homeless services Prevention and Diversion, Crisis Response, and Permanent Housing, African Americans predominantly access Crisis Response at 69%.
o In Fair Housing and Tenant/Landlord services, the rate of access for Black residents is even more disproportionally high, at 43% and 51.2% respectively. Of those served with Fair Housing and Tenant/Landlord services, 70% have extremely low incomes (0-30% of the area median income.) Over 71% of Fair Housing complaints were about physical disabilities (39%), and mental disabilities (32%) and usually concern reasonable accommodation. Two cases alleged racism and were both brought forward by Hispanic residents. Most of the Tenant/Landlord complaints are about eviction assistance, repairs and habitability, and rent increases (prior to the rent stabilization ordinance predominantly).

Asian residents comprise 13% of the population in Antioch, but have received only

2.1% of ConPlan services to date, which is disproportionally low (10.9% below their occurrence in the population.) In FY 23-24 Asians received only 1% of all services, with 0.8% in CDBG funds and 1.1% in Other funds. o Historically, Asians have only comprised about 2% of the homeless population in Contra Costa County and the services they are more likely to Antioch City Council Report
September 10, 2024 Agenda Item #9 13

access are prevention and diversion (27% of the 2% accessed this type of homeless service.)
o One identified challenge in outreach to Asian residents in Antioch is the variety of languages spoken. The predominant Asian language in Antioch is Tagalog; yet in CDBG outreach in FY23-24 conducted by native Tagalog- speaking CDBG staff at local Asian supermarkets yielded no one that did not also speak English. This seems to validate what other agencies are reporting about the Tagalog-speaking residents, so it may be newer immigrants from other Asian countries, such as China, who are not being reached and made aware of government sponsored services.

Brainstorming with a variety of Asian residents suggests that several other factors may contribute to lower levels of services. These include cultural differences in taking care of family and elders, distrust of government and larger systems, pride, and looking for help within their community.

Finding a more effective means of outreach to a variety of Asian speaking residents will likely become a new focus for the Contra Costa HOME/CDBG Consortium.

General Conclusions by Race and Ethnicity

Hispanic. The most significant disparity in service utilization remains Hispanic residents, who access services at a significantly lower rate than their City of Antioch to serve residents have Spanish-speaking staff on board, have all outreach materials translated into Spanish, and have websites that can be translated into various languages including, at minimum, Spanish and Tagalog.

Most effective at addressing this significant service disparity has been bringing on services specifically targeting the Hispanic population. Economic Development activities were mentioned above. The City also began funding RotaCare Health Clinic two years ago, which targets persons who do not have any health care insurance. Of the 322 clients they served, 76% were Hispanic.

Focus groups with service providers and clients list various factors that can play a part in lower service utilization. These include language barriers in outreach and service delivery which still remain, fear of authorities due to immigration status, lack of access to computers and internet, and cultural norms of family caring for its elderly (which affects Hispanic representation in senior/disabled services). Another factor is that some types of services (such as some health care, disabled/senior care facilities and adult day health care programs) are Antioch City Council Report
September 10, 2024 Agenda Item #9 14

funded primarily through sources that require US citizenship for the benefits, so this may exclude some Hispanic residents.

Effectively reaching Hispanic residents in Spanish with services they need which are delivered in Spanish is an area for growth in the coming Consolidated Plan throughout the Consortium.

Asian. Asian residents also access all services at a much lower rate than their Asian category is comprised of many different groups with different languages, which adds further challenges to outreach and service provision. In Antioch, the foremost Asian group is primarily Tagalog speaking, with smaller populations of Cantonese and Mandarin speaking, and even smaller groups of Korean and Vietnamese speaking persons.

In focus groups with agencies to discuss outreach to Asian residents, the low rate of service utilization is likely to be the result of a combination of factors.

These include: inadequate outreach in their language of origin and with trusted messengers of their culture (this is viewed as more of an issue in the Chinese culture, as Tagalog-speaking residents seem to be more assimilated and usually have English-speaking family members); higher household incomes than other racial groups; multi-generational family structure; and cultural differences such as caring for family members and elders at home. Or they may have access to other resources due to multi-generational family structures.

It is also clear that nonprofit service providers do not have adequate outreach materials and staff to reach the variety of Asian languages. A number of agencies have outreach materials in Simplified Chinese, but very few have staff fluent in Mandarin or Cantonese, let alone Korean, Vietnamese and other languages. Hiring Asian-speaking staff has been difficult, agencies say, especially so in a challenging hiring environment post-COVID. Again, finding agencies that are trusted messengers to deliver services would be optimal, but they remain elusive in Contra Costa County.

African American/Black. African American residents access all services at a higher rate than their proportion in the Antioch population. Historic patterns of inequity and discrimination are major contributors to the result of extreme poverty of many African American households. Those who are also experiencing physical or mental disabilities access Fair Housing and Tenant/Landlord services at a rate double that of any other race.

However, Black residents also accessed Economic Development activities, participating in job training and microenterprise development, at the highest rate of any race, at 48.5% of those accessing this type of services. While they Antioch City Council Report
September 10, 2024 Agenda Item #9 15

are closest to their proportion of the population in Senior services at 25.3% and all other CDBG-funded services at 24.6%, the extremely low incomes often experienced lead many Black households to experience housing instability.

Concentrating on reducing barriers to adequate income for Black households, as well as helping to promote housing stability through continuation/expansion of rental assistance are two important steps that the City can take to reduce the need of households to access homeless services. Public Comment. As of the writing of this report, no public comment has been received on the CAPER from the Public Notice that was published on 8/24/2024 for a 15-day public comment period.

Council is asked to consider all public comments, and the CAPER will be submitted with public comments to HUD at the end of September.

ATTACHMENT
None

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 10, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY:Michael Mellone, Police Lieutenant
APPROVED BY:Brian Addington, Interim Chief of Police
SUBJECT: Amendment of Employee Referral and Recruitment Signing Bonus and Incentive Program for Peace Officers, Addition of Incentive Program for Dispatchers

RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution:
uthorizing the Acting City Manager or designee to continue the employee referral and recruitment signing bonus and incentive program for qualified lateral and entry-level (academy graduate and recruit) Peace Officers; ntroducing a $10,000 signing bonus for newly hired Police Dispatchers to be paid in two increments: $5,000 upon successful completion of the Dispatch Training Program and $5,000 upon successful completion of two (2) years of employment with the City of Antioch Police Department Dispatch Center; and uthorizing the necessary budget through June 30, 2025, of up to $350,000.

FISCAL IMPACT
The fiscal impact would be determined by the number of lateral and/or entry-level applicants hired, as well as the number of Police Dispatchers hired while the program is in effect. These financial incentives are distributed in five (5) separate increments over five (5) years for both lateral and entry-level Peace Officers, with the bulk of the payment ($15,000) paid upfront.

Additionally, the Police Department is requesting to now include a $10,000 signing bonus for Police Dispatchers. It is proposed for this bonus to be distributed in two increments:
$5,000 upon successful completion of the Dispatch Training Program and $5,000 upon successful completion of two (2) years of employment with the City of Antioch Police Department Dispatch Center.
11 9-5-24
Antioch City Council Report
September 10, 2024 Agenda Item#11 2

DISCUSSION
At the regular City Council Meeting of September 12, 2023, the City Council adopted Resolution No. 2023/144, increasing the employee referral and signing bonus and incentive program for qualified lateral and entry-level Police Officers. The Police Department seeks to continue and amend the employee recruitment and signing bonus and incentive program to include a new provision to offer a $10,000 signing bonus for newly hired Police Dispatchers.

This proposed incentive program for Police Dispatchers is intended to help attract qualified entry-level and lateral Police Dispatchers to the City of Antioch, addressing the current five vacancies in the Dispatch Center. By offering a competitive financial incentive, the City aims to draw experienced professionals who can immediately contribute to maintaining high-quality service standards and reducing the training burden on existing staff.

Per the attached resolution under consideration, the incentive program for lateral and entry-level Peace Officers will be amended to include Dispatchers and extended the program through June 30, 2025, ensuring a comprehensive approach to recruiting and retaining essential personnel across the department.

The current incentive program includes a claw back provision requiring repayment of bonuses if an employee severs employment with the City of Antioch any time before the 5-year commitment. The same claw back provision will apply to the Police Dispatcher signing bonus if employment is terminated prior to completion of two (2) years of employment.

Program Details for Dispatchers:

To qualify for the signing bonus, Police Dispatcher applicants must:

1. Successfully complete the POST – approved Dispatch Training Program for the City of Antioch Dispatch Center.

2. Successfully complete two (2) years of employment with the City of Antioch Dispatch Center.

The $10,000 signing bonus will be distributed in two increments:

1. Successfully complete the POST – approved Dispatch Training Program for the City of Antioch Dispatch Center.

2. Successfully complete two (2) years of employment with the City of Antioch Dispatch Center.

Program Details for Lateral Peace Officers:
(Open to all qualifying lateral Peace Officers, with the exception of the Police Chief, hired from September 12, 2024, until June 30, 2025):

1. The incentives remain the same as in the previous program year.

Antioch City Council Report
September 10, 2024 Agenda Item#11 3
Program Details for Entry-Level (Academy Graduate and Recruit) Peace Officers (Open to all qualifying entry-level police officers hired from September 12, 2024, until June 30, 2025):

1. The qualifications and incentives remain the same as in the previous fiscal year.

Repayment of Bonuses and Incentives:

The repayment requirements remain consistent with the previously approved program.

For Police Dispatchers, if separation occurs after completion of their Dispatcher training, but before the completion of two (2) years of employment, the Police Dispatcher shall reimburse the City for $5,000 of the signing bonus. If the separation occurs prior to completion of two (2) years of employment, the Police Dispatcher shall reimburse the City for the full $10,000 signing bonus.

The proposed recruitment signing bonus and incentive program aims to enhance the City of Antioch’s ability to attract and retain qualified lateral and entry-level Peace Officers, as well as Dispatchers, by offering competitive financial incentives.

ATTACHMENTS
A. Resolution 2024/XXX
B. Exhibit “A”
ATTACHMENT “A”
RESOLUTION NO. 2024/xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING

THE EXTENSION AND AMENDMENT OF THE BONUS INCENTIVE PROGRAM FOR

QUALIFIED LATERAL AND ENTRY-LEVEL PEACE OFFICERS, INTRODUCING A

SIGNING BONUS FOR POLICE DISPATCHERS AND APPROVING THE
NECESSARY FISCAL YEAR 2024/25 BUDGET ADJUSTMENT
WHEREAS, on September 12, 2023, the Antioch City Council adopted Resolution 2023/144 continuing the employee recruitment and signing bonus incentive program through June 30, 2025 in the total amount of $350,000 to be paid over a five-year period for qualified peace officers; and
WHEREAS, the Antioch City Council recognizes the need to remain competitive in hiring qualified peace officers and acknowledges the critical staffing shortages in the Dispatch Center, with five current vacancies; and
WHEREAS, the City Council seeks to expand the incentive program to include a $10,000 signing bonus for newly hired Police Dispatchers to attract qualified lateral candidates, thereby enhancing the operational efficiency and service quality of the Antioch Police Department;
NOW, THEREFORE, BE IT RESOLVEDthat the City Council of the City of Antioch hereby:

1. Authorizes the continuation of the employee referral and recruitment signing bonus/incentive program for qualified lateral and entry-level (academy graduate and recruit) peace officers through June 30, 2025 with a total program amount of up to $350,000;

2. Approves the introduction of a $10,000 signing bonus for newly hired Police Dispatchers through June 30, 2025, to be paid in two increments: $5,000 upon successful completion of the POST-approved Dispatch Training program and $5,000 upon successful completion of two years of employment with the City of Antioch.

3. Directs the Acting City Manager or designee to make any necessary budget adjustments for the fiscal year 2024/25 to fund the continuation and expansion of this program; and

4. Reaffirms its commitment to maintaining a competitive recruitment strategy to ensure the Antioch Police Department is fully staffed with qualified personnel to meet the needs of the community.
* * * * * * *
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 10th day of September 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT "A"

EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS AND INCENTIVE

PROGRAM FOR PEACE OFFICERS AND DISPATCHERS
Recommended Program Details for Lateral Peace Officers (open to all qualifying lateral peace officers, except police chief, hired from September 12, 2024 until June 30 , 2025):

To qualify for the bonus/incentives, the applicant must:

1.Be currently employed as a peace officer within a California law enforcement agency.

2.Have at least two (2) years of experience and have successfully completed a probationary period.

3.And, possess a Basic California POST Certificate, or required POST certification based on job description.

4.If the applicant is a former Antioch officer who wishes to return to the department, his/her separation of employment must be at least eighteen (18) months to qualify.

The bonus/incentives will consist of the following:

1.Applicant will be allowed to carry over up to 200 hours of accrued sick leave from his/her department.

2.Prior law enforcement service seniority will be used to determine vacation accrual rate of the applicant.

3.Automatic credit of 40 hours vacation upon employment.

4.Signing bonus of $30,000 with payments in the following increments:
a.$15,000 - upon successful completion of FTO
b.$2,500 - upon successful completion of probation
c.$5,000 - upon three (3) years of service
d.$2,500 - upon four (4) years of service
e.$5,000 - upon five (5) years of service

5.Any current Antioch employee who recruits a lateral officer will receive his/her choice of $1,000 or 20 hours of Comp Time upon the lateral's successful completion of the field training program.
c.d.

Recommended Program Details for Entry Level (Academy Graduate and Recruit) Peace Officers (open to all qualifying entry level peace officers hired from September 12, 2024, until June 30, 2025):

To qualify for the bonus/incentives, the applicant must:

1.Successfully complete a Basic Police Academy and poses a Basic POST certificate in the State of California.

2.Successfully complete the background and hiring process for the City of Antioch Police Department.

3.Successfully complete the Field Training Program for the City of Antioch Police department
Recommended Program Details for Dispatchers (open to all qualifying entry level and lateral dispatchers hired from September 12, 2024, until June 30, 2025):

To qualify for the signing bonus, Police Dispatcher applicants must:

1.Successfully complete the POST – approved Dispatch Training Program for the City of Antioch Dispatch Center.

2.Successfully complete two (2) years of employment with the City of Antioch Dispatch Center.

The bonus/incentives will consist of the following:

1. Signing bonus of $10,000 with payments in the following increments:
a. $5,000 – upon successful completion of training period b. $5,000 – upon successful completion two (2) years of employment.

Repayment of Bonuses and Incentives:

In the event of separation of a lateral or entry level peace officer applicant's employment with the City for any reason, the applicant shall reimburse the City for the signing bonuses as detailed below:

1.If separation occurs before completion of the probationary period, applicant shall reimburse the City for $15,000

2.If separation occurs before completion of three (3) years of employment, applicant shall reimburse the City for $17,500

3.If separation occurs before completion of four (4) years of employment, applicant shall reimburse the City for $22,500

4.If separation occurs before completion of five (5) years of employment, applicant shall reimburse the City for $25,000
In the event of a separation of an entry or lateral police dispatcher applicant’s employment with the City for any reason, the applicant shall reimburse the City for the signing bonuses as detailed below:

1. If the separation occurs before the completion of the probationary period, applicant shall
reimburse the City for $5,000.

2. If the separation occurs before the completion of two (2) years of employment, applicant
shall reimburse the City for $10,000.

A Lateral or Entry-Level Peace Officer Applicant agrees that if he/she is required to reimburse the bonuses and incentives under this Agreement, such reimbursement shall be immediately due and payable without notice. Applicant may request a payment plan of three months to fully satisfy any outstanding bonus payments not immediately repaid to the City. Thereafter, any continued failure to repay the entirety of the bonuses back in full within 3 months would entitle the City to immediate recovery of any non-repaid amount plus interest over the outstanding amount as required by law. Applicant agrees that if Applicant remains employed with the City of Antioch beyond five (5) years of employment as set forth above, Applicant will have no obligation to repay any portion of the signing bonus.
12 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 10, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Standby City Council Members

RECOMMENDED ACTION
It is recommended that the City Council appoint the following nominees as standby city council members:
1) Filled 2) Filled ; 3) Mayor Thorpe:

Council Member Torres-Walker:
(District 1)
1) Filled ; 2) Filled ; 3)

FISCAL IMPACT
No fiscal impact is anticipated as there is no compensation for standby council members.

DISCUSSION
Mayor Hernandez-Thorpe and Council Member Torres-Walker both had standby council members move and will need to appoint one nominee each to fill the vacancy.

Pursuant to State Law (Government Code Sections 8636-8644), Article 6 of Title 2 of the Antioch Municipal Code provides for the appointment of standby council members in the event of a declaration of emergency and a council member is unavailable due to being killed, missing or having an incapacitating injury.

Each council member shall nominate three standby members and indicate the order of priority of each standby member. Consideration shall be given to places of residence and work such that the greatest probability of survivorship or availability exist. While not required, priority shall be given to city residents who are at least 18 years of age and are registered voters. The City Council shall then appoint the nominees as standby council members.

Antioch City Council Report
September 10, 2024 Agenda Item 12 2
Standby council members may become activated during a state of war emergency, a state of emergency or a declared local emergency. No standby member shall become a member of the City Council unless there is a declared emergency described above. The mere vacancy of the regular Council Member's office absent a declared emergency shall not activate the standby member. The first priority standby member shall serve during the emergency if his or her regular member is unavailable, meaning that the regular member is killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform duties. Any question as to whether a particular member is unavailable shall be settled by the remaining available members of the Council, including standby officers who are serving. If the first priority standby member is unavailable, the second priority shall serve, and so forth. Standby members shall serve at the pleasure of the governing body appointing them, and may be removed and replaced at any time with or without cause.

The provision for standby council members allows for the continuity of government in the event of a catastrophic emergency. Standby council members are not activated in the event of a “regular” vacancy in a council seat.

ATTACHMENTS
None
13 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 10, 2024
TO: Honorable Mayor and Members of the City Council
PREPARED BY: Kevin W. Kundinger, Assistant City Attorney APPROVED BY: Thomas Lloyd Smith, City Attorney TLS SUBJECT: Resolution for Approval of Cannabis Operating Agreement for 2615 Somersville Rd LLC dba Flavors Antioch

RECOMMENDED ACTION
It is recommended that the City Council:

1. Adopt a resolution approving a cannabis operating agreement between the City and 2615 Somersville Rd LLC dba Flavors Antioch (“Flavors Antioch”) and

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

FISCAL IMPACT
Approval of the operating agreement will result in increased revenue to the City and the social equity program supported by the operating agreement from Flavors Antioch’s business.

DISCUSSION
On September 27, 2022, the Antioch City Council approved a Cannabis Business Use Permit (UP 22-0) for Flavors Antioch. On August 5, 2024, the Cannabis Standing Committee directed staff to place an item on the City Council agenda recommending approval of a cannabis operating agreement between the City and Flavors Antioch.

Before Flavors Antioch can begin operations, it must obtain City Council approval of its operating agreement. If the City Council approves the operating agreement, Flavors Antioch’s business would be located at 2615 Somersville Road, Antioch.

Flavors Antioch’s operation will be located on a lot with approximately 25,000 square feet of land. The dispensary will operate in a building with 4,057 square feet of space.

The business will include retail sales (license type 10.) Antioch Staff Report to the City Council
September 10, 2024 Agenda Item #13 2
The operating agreement (Exhibit 1 to Attachment A) has been provided to Flavors Antioch for review and comment. It consistent with the standard operating agreement the City is using with other cannabis businesses. Flavors Antioch has indicated it is prepared to accept the terms of the operating agreement.

The proposed recipient of the social equity program is Bridge Builders to the New New Generation is dedicated to fostering the social emotional learning and mental well- being of youth and families from marginalized communities, providing a supportive and inclusive environment where they can develop essential skills for success in college, career, and life. Our passionate team is committed to empowering underserved youth to lead fulfilling lives by nurturing their growth and offering opportunities for the development to eliminate
barriers to success, allowing underserved youth to live their dreams and attain their aspirations while being productive members of society. A copy of Bridge Builders to the New Generation’s proposed social equity program is attached as Exhibit B.

Standard terms of the operating agreement include:

The operating agreement’s term is ten years with two possible five-year extensions. ANT Green agrees not to operate if the operating agreement is not in effect.

The Police Chief has discretion to require changes to the business to protect public health and safety.

The City Manager may impose additional mitigation measures relating to public health and safety.

ANT Green will begin paying a percentage of gross revenue to the City as of the 15thof the month following the City issuing a Certificate of Occupancy for the City, and monthly thereafter. A business paying a fee based on square footage shall pay that fee, based on existing square footage, at the end of each year.

The operating agreement shall be reviewed annually by City staff of a third party selected by the City.

The operating agreement includes provisions relating to indemnification of the City and insurance protecting the City.

Business type Yr 1 Yr 2 Yr 3 Yr 4+
Retail 2% 3% 4% 5%
Microbusiness* 2% 3% 5% 6%
Cultivation (per square foot) * $2 $3 $5 $6
Distribution 2% 3% 4% 5%
Manufacturing 2% 3% 4% 5%
Antioch Staff Report to the City Council
September 10, 2024 Agenda Item #13 3
The revenue to be paid to the City is set forth in Exhibit C to the operating agreement, which provides:
*Eligible for local employment incentive
The total amount payable to City by the Operator pursuant to this Exhibit may be reduced by the following amount if the Operator employs on a full-time basis the following numbers of Antioch residents:

At least 20 City residents 1%, but not to exceed $60,000 At least 50 City residents 3%, but not to exceed $150,000 At least 100 City residents 6%, but not to exceed $300,000 At least 150 City residents 9%, but not to exceed $450,000 200 or more City residents 12%, but not to exceed $600,000

ATTACHMENT
A. Resolution of Approval for Operating Agreement for ANT Green Exhibit 1 Operating Agreement
B. Bridge Builders to the New Generation’s proposal

ATTACHMENT A
RESOLUTION NO. 2024/**

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH

APPROVING A CANNABIS OPERATING AGREEMENT FOR
2615 SOMERSVILLE RD, LLC DBA FLAVORS ANTIOCH
WHEREAS, on September 27, 2022, by Resolution No. 2022-169, the City Council approved Cannabis Business Use Permit No. UP 22-09 for 2615 Somersville Rd, LLC, dba Flavors Antioch to operate a cannabis business within the City of Antioch (“City”); WHEREAS, each cannabis business must obtain City Council approval of an operating agreement and execute that agreement prior to beginning operations as a cannabis business within the City;
WHEREAS, on September 10, 2024, the City Council reviewed the 2615 Somersville Rd, LLC, doing business as Flavors Antioch, operating agreement (“Operating Agreement”) and received public comment on it, WHEREAS, the City Council finds that the Operating Agreement will benefit the City by producing revenue for the City and its goals;
WHEREAS, the City Council finds that the Operating Agreement will benefit the City in part because it requires the operator to provide additional funding for programs to address community needs within the City; and
WHEREAS, the City Council finds that the Operating Agreement in combination with the approved use permit for the cannabis business will benefit the community and includes adequate provisions to protect public health and safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the 2615 Somersville Rd, LLC, doing business as Flavors Antioch, operating agreement and authorizes the City Manager to execute the agreement in a form approved by the City Attorney.
* * * * * * * * *

ATTACHMENT A
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 10thday of September, 2024, by the following vote:

AYES:

ABSENT:

ABSTAIN:

NOES:
____________________________________

ELIZABETH HOUSEHOLDER

CITY CLERK OF THE CITY OF ANTIOCH
2615 Somersville Operating Agreement

RECORDING REQUESTED BY,
AND WHEN RECORDED, MAIL TO:

City of Antioch
200 H Street
Antioch, CA 94509
Attn: City Clerk
_____________________________________________________________________________________ Exempt from recording fee per Government Code §6103

OPERATING AGREEMENT
This Operating Agreement (“Agreement”) is entered into between the City of Antioch, a municipal corporation (“City”) and 2615 Somersville Rd LLC, a California limited liability company, which will do business as Flavors Antioch (“Operator”), whose address is 2615 Somersville, Antioch, California 94509.

City and Operator may be referenced herein as “Party” or collectively as “Parties.”

RECITALS
Operator submitted an application for approval of a use permit and design review for a cannabis business, as further detailed herein.

On September 27, 2022, by Resolution No. 2022/169, the City Council approved a Cannabis Business Use Permit to operate cannabis business UP 22-0 (“CBUP”). A copy of the CBUP is attached hereto as Exhibit A and incorporated herein. The CBUP relates to the Site, as described in Exhibit B, attached hereto and incorporated herein.

One condition of the CBUP is that the City and Operator execute an Operating Agreement. This Agreement meets this requirement of the CBUP.

On ________, 2024, the City Council adopted Resolution No. 2023/__ approving this Agreement.

AGREEMENT

1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth in this Agreement.

2. Definitions. The following terms, when capitalized herein, shall have the meanings specified below.
a. Agreement—This Agreement between the City and Operator. b. Applicable Law—All applicable federal, state, regional, and local statutes, regulations, and rules including the Uniform Building Code and other Uniform Codes, the California Environmental Quality Act, the City’s ordinances, resolutions, rules, and regulations, as each statute, regulation, regulation, rule, 2615 Somersville Operating Agreement
Code, ordinance, and resolution may be amended from time to time, excluding such federal law which may conflict with state or local laws authorizing cannabis businesses or operations. c. Business Operations—The commercial cannabis business operated at the Site by Operator, its officers, officials, employees, agents, and consultants, as approved by the City Council in the CBUP, and as subject to the terms and conditions of this Agreement. d. Cannabis—Both medical and non-medical cannabis as defined by Health & Safety Code section 11362.5 and Business and Professions Code sections 26000 et seq. e. Cannabis Business Use Permit—the Cannabis Business Use Permit UP 22-0, attached hereto as Exhibit A, as approved by City Council Resolution No. 2022/169. f. City—the City of Antioch, California.
g. City Attorney—the City Attorney of the City.
h. City Council—the City Council of the City.
i. City Manager—the City Manager of the City.
j. Operator—2615 Somersville.
k. Fees—All charges, expenses, costs, monetary exactions, and any other monetary obligations imposed on Operator by City, other than assessments or regular or special taxes, and not limited to fees paid pursuant to this Agreement.
l. Gross Receipts—The total of amounts actually received or receivables from sales and the total amounts actually received or receivable for the performance of any act or service for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Gross receipts shall also include all receipts, cash, credits and property of any kind without deduction of the cost of the property sold, the costs of the materials used, labor or services costs, interest paid or payable, or losses or other expenses whatsoever.

Excluded from “gross receipts" are the following:

Cash discounts allowed and taken on sales
Credit allowed on property accepted as part of the purchase price and which property may later be sold
Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser
Such part of the sale price of property returned by a purchaser upon rescission of the contract of sale as is refunded whether in cash or by credit Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee furnishes to the City the names and addresses of the others and the amounts paid to them
Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business are not excluded

2615 Somersville Operating Agreement
The intent of this definition is to ensure that, in calculating payments to the City, all sales and revenue from the Business Operations are captured and, therefore, this definition shall be given the broadest possible definition consistent with this intent. m. Major amendment—Any modification to this Agreement that makes a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. n. Minor amendment—Any modification to this Agreement that does not make a substantive change, modification, or deviation in the terms of this Agreement or any Exhibits hereto. o. Police Chief—the Police Chief of the City.
p. Project—The Business Operations, Site Development, Odor and other Mitigation Plans, Security Plans, and all other terms and conditions applicable to Operator’s Business Operations. q. Site—The physical location of the Operator’s Business Operations, as described in Exhibit B, attached hereto.
r. Square Footage under Cultivation--the actual amount of canopy (measured by the aggregate area of vegetative growth of live cannabis plants on the premises including the area occupied by vertically and horizontally stacked canopies) that is limited by the maximum amount a cannabis business is authorized to cultivate by this Agreement or the CBUP, without deducting for unutilized square footage.
s. State license(s)—the license(s) issued by the State, whether through the Bureau of Cannabis Control or other regulatory agency authorizing the Operator to conduct its Business Operations

3. Effective Date. This Agreement shall be effective as of the date of the Resolution approving this Agreement, or such other date (if any) as specified in the Resolution approving this Agreement.

4. Term of Agreement. The initial term of this Agreement shall be ten years, with two possible extensions of five years each. This Agreement may be extended by mutual agreement of the Operator and the City Council on such additional terms and conditions as to which the Parties may agree. At the end of the term, Operator agrees to cease all Business Operations at the Site, notwithstanding the terms and conditions of the CBUP. The parties agree that, prior to the end of the initial ten-year term, they will meet and confer in good faith with the goal either of continuing this Agreement on the same terms and conditions or of modifying the Agreement so that the Business Operations may continue for the mutual benefit of the City and the Operator.

5. Operating Conditions. In addition to the terms and conditions set forth in the CBUP, Operator’s Business Operations shall be subject to the additional terms and conditions:
a. Hours of operation of retail sales on the Site shall not exceed 7 days per week, 8:00 a.m. to 8:00 p.m. There are no other hours’ restrictions on the Business Operations, including delivery. b. Subsequent to the annual audit by the Police Department or a third party selected by the Police Department, the Police Chief shall have the discretion to require additional security measures or modify existing security measures at the Operator’s expense, as may be required by law or reasonable for public safety. At Operator’s expense, the Police Chief may also determine to require additional security 2615 Somersville Operating Agreement

measures at any time upon the Department’s finding that existing security measures are insufficient for the Business Operations to comply with the terms of the CBUP or to adequately protect public health and safety. The Police Chief’s determination is appealable to the City Manager. c. The City Manager may impose additional mitigation measures, whether relating to odor or other factors affecting public health and safety, on the Project at Operator’s expense, as may be required by law or reasonable to maintain public health and safety. The City Manager’s determination is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

6. Fees.
a. Operator agrees to pay all fees, whether imposed by the City, state, or other regulatory agencies in a timely manner. Operator’s failure to pay such fees in a timely manner may, at the City’s sole discretion, constitute Evidence of Default. City may provide thirty (30) days’ prior written notice to Operator as to any unpaid City fees. If Operator fails to pay such fees, plus any interest or penalties due for late payment, Operator agrees that the City may record on the property which is the subject of the CBUP one or more liens for the fees owed.
b. Operator agrees to pay City beginning with the fifteenth of the month immediately following the date the City issues the Certificate of Occupancy for the Site the amounts set forth in Exhibit C, attached hereto and incorporated herein. The amount due for Gross Receipts is payable thereafter on the 15th of each month or, if the 15th is a weekend day or a national or state holiday, on the next business day (“Due Date”). The amount due based on square footage, with adjustments made during the year as square footage is increased or decreased, is payable thereafter quarterly, on January 15, April 15, July 15, and October 15 or, if the 15this a weekend day or a national or state holiday, on the next business day (“Due Date”). The Operator shall also submit with each payment required by this section a report on a form provided by the Operator and approved by the City which lists the gross receipts for the period, any adjustments to the gross receipts and basis therefor, the gross receipts subject to the percentages set forth in Exhibit C, the square footage cultivated for the period, and the total amount due. c. A payment is late or deficient under this Section if not postmarked by or received by the City Finance Department on or before the Due Date. A late or deficient payment shall be subject to a one- time penalty of five percent (5%) of the amount owed, plus monthly non-compounding interest at the maximum rate allowed by law, but not to exceed an annualized amount of ten percent (10%). d. If the City Manager is not satisfied with the veracity of report(s) filed by Operator regarding the Business Operations’ total gross receipts or square footage, the City Manager may compute and determine the amount of the fees to paid on the gross receipts or square footage and make a deficiency determination upon the basis of the facts contained in such report(s), or upon the basis of any information in City’s possession, or that may come into City’s possession within three years of the date the fees are paid. One or more deficiency determinations of the amount of fees owed for a period or periods may be made. The determination of the City Manager pursuant to this subsection is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.

2615 Somersville Operating Agreement

7. Social Equity Program.
a. Operator agrees to implement and maintain for the entirety of the term of this Agreement a Social Equity Program (“Equity Program”) to benefit the City and its residents, to foster equitable participation in the cannabis industry, and to create business opportunities for those most negatively impacted by the enforcement of cannabis laws prior to the legalization of cannabis in California.

Operator shall initiate its Equity Program within three months of this Agreement’s Effective Date. b. Operator shall prepare a written Social Equity Program Plan (“Equity Plan”), which includes the Equity Program’s description, a non-profit social equity program plan organization (“Equity Plan Organization“) located in Antioch and approved by the City, and an action plan with goals, tasks, responsible parties, timelines, and measurable outcomes. The Equity Plan is set forth in Exhibit D, attached hereto and incorporated herein. Operator shall provide a written report, semi-annually, to the City Manager and City Attorney on its progress in carrying out the Equity Program’s goals and measurable outcomes. Upon request of the City Manager or City Attorney, Operator also agrees to provide a presentation to the City Council on the Equity Plan’s goals and measurable outcomes. The Equity Plan may be modified in writing by request of the Operator and only with prior written approval of the City Manager or the City Attorney.
c. If the City Council, the City Manager, or the City Attorney determine that Operator’s Equity Plan does not adequately achieve the City’s goals as set forth herein, the City Council, the City Manager, or the City Attorney shall have the discretion to require the Operator to modify its Equity Plan subsequent to one or more meetings with the Operator.
d. Operator agrees to fund its Equity Plan, as detailed in Exhibit D, with the first payment submitted to its Equity Plan Organization at the same time as the first payment for gross receipts and/or square footage is due under Section 6b hereof. Subsequent payments to its Equity Plan Organization shall be made quarterly with each subsequent quarterly payment due on January 15, April 15, July 15, and October 15 or, if the 15this a weekend day or a national or state holiday, on the next business day. Late payment from the Operator to the Equity Plan Organization shall be subject to the same penalties and interest set forth in section 6 hereof.

8. Applicable Law. At all times, Operator shall conduct its Business Operations consistent with Applicable Law, including the City’s ordinances, rules, and regulations; the CBUP; and this Agreement, as each may be amended or modified from time to time. Any violation thereof by Operator or its Business Operations may, at the City’s discretion, be considered Evidence of Default.

9. Default.
a. If the City Manager finds Evidence of Default, the City Manager shall provide at least forty-five (45) days’ written notice thereof to Operator, with the notice specifying the nature of the default, the facts supporting such Evidence of Default, and the manner in which the Default may be cured. Within that forty-five day period, Operator shall cure the Default to the City Manager’s reasonable satisfaction, provide evidence with supporting facts as to why no Default exists, or provide alternatives satisfactory to the City Manager to address the Default.

2615 Somersville Operating Agreement
b. If the City Manager is not satisfied with Operator’s response and/or believes a Default continues to exist, then the City Manager may, at his/her sole discretion:

Order the Operator to suspend all Business Operations at the Site until the Default is cured.

Take such other action as may be authorized by the CBUP or this Agreement.

Remedy the Default and charge the costs thereof to the Operator, who agrees to pay such sums.
c. The decision of the City Manager under this section is appealable pursuant to Title 1, Chapter 4 of the City’s Municipal Code.
d. The remedies of this section, plus any other remedies set forth in this Agreement and remedies available in law or in equity are cumulative, and non-exclusive. Such remedies are distinct and separate whether or not exercised by the City. The City may, in its discretion, exercise any or all of its rights and remedies, at once or in succession, at such time or times as it considers to be appropriate.

10. Record Keeping. Operator shall keep, maintain, and preserve to the extent applicable all records that may be necessary to determine the amount of gross receipts, the number of retail delivery vehicles, the amount of cannabis manufactured, the amount of cannabis delivered, and any and all other records by which City may determine and verify the amount of fees due to the City pursuant to Section 6 hereof.

At Operator’s expense, City shall have the option of conducting, whether by City staff or by a City-selected consultant, an annual audit to verify the fees due to the City pursuant to Section 6 hereof and compliance with Exhibit D. City shall have the right to inspect such records at all reasonable times during normal business hours and upon not less than five (5) business days’ prior notice. To the extent permitted by Applicable Law, City agrees to treat such records as confidential.

11. Annual Review. In addition to the right to conduct an audit pursuant to Section 10 hereof, the City Manager, at his/her discretion, may direct City staff or a third party to review, no more frequently than once per year, the Business Operations and compliance thereof with the CBUP and this Agreement.

Operator shall be responsible for paying the costs of this annual review, which shall not exceed $10,000 per review, adjusted annually by the CPI index for Bay area cities. In the event there is good cause for a review that would exceed $10,000 (as adjusted annually), Operator and City shall negotiate a minor amendment to allow for such review. Generally, “good cause” shall be considered present upon the City’s finding of a discrepancy, inconsistency, or omission in Operator’s records, or when Operator is found to have violated this Agreement , or there is evidence substantiating a claim that Operator committed a regulatory violation under the laws of the State of California or the City’s rules and regulations. Such determination will be based on the City’s rules and regulations as well as the relevant laws and regulations of the State of California.Based on this review, City may require additional mitigation measures or other changes to the Business Operations to assure compliance with the CBUP and this Agreement.

12. Amendments. This Agreement may be amended from time to time, if in writing and signed by both parties. The City Manager or the City Attorney shall have the discretion to approve a Minor Amendment to this Agreement or to refer such Minor Amendment to the Council for review and possible action. The City Council, at a duly noticed public meeting, shall have the discretion to approve a Major Amendment or a Minor Amendment, which has been referred to the Council.

2615 Somersville Operating Agreement

13. Assignment. City has entered into the Agreement with Operator in reliance upon Operator’s specialized knowledge, experience, and expertise relating to the Project and cannabis-related business.

Therefore, this Agreement may not be assigned or otherwise transferred by Operator, whether to a third party or to another entity (even if Operator is a partner, owner, or otherwise a participant in such entity), without the prior written authorization of the City Council at a duly noticed meeting. Any such assignment or transfer, at City’s sole discretion, may be considered Evidence of Default. Should Operator wish to assign or otherwise transfer the Agreement, Operator shall provide evidence to the reasonable satisfaction of the City Manager and the City Attorney of the specialized knowledge, experience, expertise, and financial stability of the proposed assignee or transferee prior to review and possible approval by the City Council.

14. Indemnification. Operator agrees to indemnify, defend, and hold harmless City, its officers, officials, employees, agents, and consultants from any and all administrative, legal, or equitable actions, claims, or other proceedings instituted by any person or entity not a party to the Agreement challenging the validity of the Agreement or any action arising out of or relating to the Agreement. Operator shall pay for City’s costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorney’s fees expended by the City in defense of the action or proceeding, plus staff and consultant time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Operator agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney’s fees and time referenced herein.

Operator further agrees to indemnify, defend, and hold harmless City, its officers, officials, employees, agents, and consultants from any and all claims, costs, and liability for any damages, personal injury or death, or property damage which may arise directly or indirectly from Operator’s Business Operations pursuant to this Agreement, except as caused by City’s sole or gross negligence.

15. Insurance.
a. For the term of the Agreement, Operator shall be required to, and agrees to, maintain in full force and effect public liability and property damage insurance, including personal injury in an amount of not less than three million dollars ($3,000,000) per occurrence and five million dollars ($5,000,000) aggregate, and automobile insurance for owned and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate. Each policy shall have such coverage and limits as may be reasonably requested by City from time to time. Each policy shall have a self-insured retention of not more than one hundred thousand dollars ($100,000.) b. The insurance referenced herein shall include endorsements, naming as additional insureds the City, its officers, officials, employees, consultants, and agents. The endorsements shall also specify that the insurance is primary, with any policies held by the City to be non-contributing. c. The insurance referenced herein shall be evidenced by certificate(s) of insurance, which shall be kept current during the term of this Agreement. d. The certificate(s) and endorsement(s) shall be provided to, and approved by, the City Attorney prior to Operator beginning Business Operations. 2615 Somersville Operating Agreement

e. The insurance shall be placed with a company authorized to transact business in the State of California and with a rating of not less than A.M. Best-A, or such other rating as approved by the City Attorney.
f. Operator shall provide at least thirty (30) days’ prior written notice of any cancellation, reduction in scope or amount, or material modification of the insurance referenced herein. g. If Operator fails to maintain the insurance referenced herein, the City in its sole discretion may obtain such insurance at Operator’s expense, with Operator obligated to promptly reimburse the City, or determine such failure to be Evidence of Default.

16. Notices. Any notice or communication required by the Agreement between the parties shall be in writing and may be delivered either personally or by registered mail, return receipt requested. Notice, whether given by personal delivery or by registered mail, shall be deemed to have been given and received on the day of actual receipt at any of the addresses designated below as to the party to whom the notice is sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given.

However, should a party’s address no longer be valid such that delivery by registered mail, return receipt required, is not successful, then delivery by U.S. mail shall be effective five business days after mailing of notice. Such notices or communications shall be given to the parties at the addresses set forth below:

To the City of Antioch:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Manager Attn: City Manager
With a copy to:

If by personal delivery: If by U.S. mail:

City of Antioch City of Antioch
200 H Street P. O. Box 5007
Antioch, CA 94509 Antioch, CA 94531-5007
Attn: City Attorney Attn: City Attorney
To Operator:
2615 Somersville Rd LLC
2615 Somersville Rd
Antioch, CA 94509
With a Copy to:

Drivon Consulting, Inc.

2615 Somersville Operating Agreement
3439 Brookside Road Suite 104
Stockton, CA 95210
Tel.: (209) 915-5516
Email: [email protected]
Attn: Zach Drivon, Attorney & CEO
AND
Feuerstein Kulick LLP
1940 Embarcadero
Oakland CA 94606
Attn: Kieran RInggenberg

17. Miscellaneous
a. Each party has had an equal opportunity to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply to the Agreement. b. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless enforcement of the Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would the frustrate the purpose of the Agreement. c. The Parties shall take all steps reasonable and necessary to effectuate the terms and intent of the Agreement. However, no provision of the Agreement shall limit, or be construed to limit, the right of the City, the City Manager, the City Attorney, or the City Council to exercise discretion as to the Agreement or other matters.
d. The Parties are not, and shall not be construed, to be partners or joint venturers. e. The only parties to the Agreement are City and Operator. There are no third-party beneficiaries and the Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever.
f. In the event that suit is brought by either Party to the Agreement, the Parties agree that venue shall be exclusively vested in the state court of Contra Costa County, or in the U.S. District Court for the Northern District of California.
g. This Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between parties with respect to the subject matter hereof. h. The Parties acknowledge that City would not have entered into this Agreement had it been exposed to damage claims from Operator for any breach hereof. As such, the Parties agree that in no 2615 Somersville Operating Agreement

event shall Operator be entitled to recover damages against City for breach of this Agreement. The City agrees that, notwithstanding any claims against Operator and/or City as referenced above, as long as Operator’s State license remains intact and the Operator is in full compliance with this Agreement, the CBUP, and the City’s rules and regulations, Operator’s business shall be allowed to continue in operation pending the outcome of relevant public hearing(s) scheduled to address alleged violations of this Agreement and/or Operator’s CBUP. i. This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument. j. All waivers must be in writing to be effective or binding upon the waiving party and no waiver shall be implied from any omission by a party to take or not take any action with respect to default or other matters. Failure by a party to insist upon the strict performance of any provisions of the Agreement by the other party shall not constitute waiver of such party’s right to demand strict compliance by the other party in the future. Furthermore, no express written waiver of any default shall affect any other default or cover any other period of time unless specified in such express waiver. k. Notwithstanding termination or expiration of this Agreement for any reason, Sections 6c, 6d, 10 and 14 shall be continuing obligations of Operator and shall survive this Agreement.

EXECUTED AS OF ____________________, 2024

2615 Somersville Operating Agreement
[Signatures on next page]

CITY OF ANTIOCH OPERATOR
2615 Somersville Rd LLC
________________________________ __________________________ Kwame P. Reed, Acting City Manager By: Vinayak Shastry Attest:
______________________________
Elizabeth Householder, City Clerk
Approved as to form:
______________________________
Thomas Lloyd Smith, City Attorney

2615 Somersville Operating Agreement

Bridge Builders to the New Generation ATTACHMENT B
5032 Tehachapi Way, Antioch, CA 94531
https://www.bridgebuildersng.org/
EIN: 85-1665741
Founded in 2019, Bridge Builders to the New Generation (BBNG) currently serves 500+ majority BIPOC youth in seven schools in Antioch. Through school-site, after-school, and summer programming, BBNG provides youth with a culturally responsive and healing-centered space to explore their intersectional identities, name and process their trauma, develop social, emotional, and leadership capacities, engage in personal and academic goal setting, and create solutions to community problems. Through collectivity and the nurturing of possibility thinking, BBNG helps Antioch youth identify structural inequities and break the cycle of poverty, violence, and generational trauma to become self-actualized young adults. Through staff love, guidance, and peer-to-peer mentorship, BBNG youth interrupt deficit-based narratives and define their own personal, college, and professional aspirations.

Once known as a ‘sundown town’, the reverberation of systemic oppression pervades Antioch, through institutions like schooling, policing, housing, and healthcare. Public schools have pushed out and emotionally and psychologically harmed BIPOC youth with multidimensional struggles and their families. BBNG provides space to breathe, heal and build a bridge out of hopelessness and despair. Current program offerings include onsite school support, after-school academic support and leadership workshops, healing circles, peer mentoring, summer seminars, community mapping, college tours, and career field trips.

The Change the Narrative program provides college and career readiness grounded in culturally responsive, trauma-informed, and healing-centered social-emotional learning for middle and high school students in Antioch with marginalized, intersectional identities. Its purpose is to disrupt the trauma-to-discipline and school-to-prison pipeline by developing youth leaders both within the school environment and local community by providing staff- and peer mentorship, leadership development activities, and academic support. Change the Narrative gives our students a sense of belonging, fosters collectivity, and builds an expansive culture on school campuses and in the Antioch community.

Ultimately, BBNG envisions East Contra Costa County as a region that prioritizes the well-being of BIPOC youth by co-creating equity-driven solutions with youth and their families. We want to see an end to pathologizing and punishing youth for behaviors stemming from trauma. Change the Narrative seeks to disrupt systemic and structural inequities that plague Antioch’s institutions by implementing a youth-centered, regional-specific approach, beginning with schools.

The project goals include providing youth with healing-centered communities in which they can name and process their trauma, interrogate their environments and advocate for their needs, establish a leadership identity, and meet personal, wellness, and academic goals. The project will annually serve 500+ BIPOC middle and high schoolers at five schools in Antioch Unified School District (AUSD): Deer Valley High School, Antioch High School, Dallas Ranch Middle School, Antioch Middle School, and Park Middle School, Marsh Elementary School, and Mission Elementary School.

BBNG youth are majority BIPOC - 6 18-year-olds who identify as male, female, and gender- expansive. They have intersectional experiences related to generational trauma, drug use, family separation, housing insecurity and mental health challenges. The structural violence inflicted on BIPOC communities (e.g., crack epidemic, the ‘War on Drugs’, police brutality, gentrification) over the last decades has pushed low-income, BIPOC families out of Oakland and San Francisco and into cities like Antioch, with a lower cost of living. BBNG youth are from these families that moved to Antioch over the last two decades. To our youth, Antioch does not feel like home.

Antioch’s schools and community institutions have more work to become culturally responsive and healing-centered. In 2011, the federal Office for Civil Rights Data Collection reported that Black students made up 21% of the AUSD population yet accounted for 60% of suspensions. In 2015, the East County NAACP sued Antioch Unified School District, urging the district to examine discipline data, policies, and practices through a critical race lens. In the 2021-2022 school year, data showed that even more Black students have enrolled in schools across Antioch, and their suspension rates remain disproportionately higher than all subgroups.

14 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 10, 2024

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Kwame P. Reed, Acting City Manager

SUBJECT: City Council Requested Discussion Item – Discussion on Revisions to Overnight/Camping Ordinance

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 the City Council’s discussion at Mayor Hernandez-Thorpe’s request to hold a discussion on revising Antioch Municipal Code Ordinance Section 10.2.12- Overnight/Camping.

§ 10-2.12 OVERNIGHT/CAMPING.

No person shall camp or lodge in a tent, vehicle or on the ground in any park or recreation facility, including the parking lot areas of any such facilities. Except during daylight, for security purposes, with the written permission of the Director, no person shall stay, remain or sleep in a motor home or other motor vehicle or otherwise, in any park and recreation facility, including the parking lot area of such facility. (Ord. 915-C-S, passed 2-27-96)

ATTACHMENTS
None

15 Agenda Item #

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 10, 2024

TO: Honorable Mayor and Members of the City Council

SUBMITTED BY: Kwame P. Reed, Acting City Manager

SUBJECT: City Council Requested Discussion Item – Discussion on Adopting Community Policing Resolution

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 the City Council’s discussion at Councilmember Torres-Walker’s request to adopt a Community Policing resolution.

ATTACHMENTS
A. Draft Resolution

ATTACHMENT A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADOPTING

COMMUNITY POLICING AS THE OPERANT AND DOMINANT POLICING

PHILOSOPHY OF THE CITY OF ANTIOCH

WHEREAS, the City of Antioch has recognized, acknowledged, and endorsed the value and effectiveness of community policing;

WHEREAS, over the years various emphasis, attention, attitudes, and definitions have been given to the philosophy, principles, and practice of community policing; WHEREAS, it is beneficial to clearly define and identify the elements of community policing;

WHEREAS, problem-solving through proactive partnerships and community trust building are recognized key elements of community policing; WHEREAS, police legitimacy and police efforts to enhance community trust can have a positive impact on the conditions that produce crime and are elemental to the practice of effective community policing;

WHEREAS, the essential elements of community policing, including problem- solving through partnership, community trust building, the recognition of police legitimacy, and significant community involvement and responsibility, are the foundations of a definition that has been supported and recognized by the academic community; WHEREAS, these elements do contribute to a more positive and productive relationship between the police and the communities they serve, where community policing has value internationally as an approach that will lead to a safer environment for the community and the police worldwide;

WHEREAS, community policing seeks to reduce crime and fear of crime by having an impact on crime causation factors while recognizing the importance of enhancing police legitimacy and providing for better accountability of police and government and greater concern for civil rights and liberties; and

WHEREAS, the City of Antioch City Council has agreed that a comprehensive definition of Community Policing should be one of its missions.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Antioch accepts, acknowledges, supports, and uses the following definition of community policing:
“Community policing is a comprehensive philosophy that guides policy and strategy aimed at achieving more effective and efficient crime control, reduced fear of crime, improved quality of life, and improved police services and police legitimacy through a proactive reliance on community resources that seeks to change crime causing conditions. This assumes a need for greater accountability of police, elected community leaders, and the community in general, along with greater public share in decision-making through the identification of service needs and priorities and a greater concern for civil rights and liberties.