ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as
Housing Successor to the Antioch Development Agency
Date: Tuesday, September 10, 2024
Time: 6:30 P.M. – Closed Session
7:00 P.M. – Regular Meeting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see the inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar A. Hernandez-Thorpe, Mayor Ellie Householder, City Clerk Monica E. Wilson, Mayor Pro Tem (District 4) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Michael Barbanica, Council Member District 2 Kwame P. Reed, Acting City Manager Lori Ogorchock, Council Member District 3 Thomas Lloyd Smith, City Attorney
ACCESSIBILITY: In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabiliti es. If you are a person with a disability and require information or materials in an appropriate alternative format; or if you require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone: (925) 779-6950, and e-mail: [email protected].
ANTIOCH CITY COUNCIL -1- SEPTEMBER 10, 2024
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also inc lude resolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
6:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – Council Members District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson, and Mayor Hernandez-Thorpe (Council Member District 1 Torres-Walker arrived at 6:32 p.m.) [Council Member District 2 Barbanica – Absent]
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Kimberly Kirkland v. City of Antioch, Superior Court of California Contra Costa County (Case No.
C23-01113).
City Council voted to approve to settle case in the amount of $55,000, 4/0 [Barbanica Absent]
6:31 P.M. MOTIONED TO ADJOURN TO CLOSED SESSION
7:01 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – All Present
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
ANTIOCH CITY COUNCIL -2- SEPTEMBER 10, 2024
COUNCIL REGULAR AGENDA – Continued from August 27, 2024, Council Meeting
1. 2023 ANNUAL MILITARY EQUIPMENT REPORT
Approved, 5/0
Recommended Action: It is recommended that the City Council review and approve the 2023 Annual Military Equipment Report.
2. RESPONSE TO GRAND JURY REPORT NO. 2405, “CHALLENGES FACING THE CITY OF ANTIOCH”
Reso No. 2024/124 adopted with amendments,
3/1/1-(Ogorchock-No), (Barbanica-Abstained)
Recommended Action: It is recommended that the City Council adopt the resolution to approve the response to the Grand Jury report: “Challenges Facing the City of Antioch” and authorize the Mayor to sign it.
3. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND AUTHORIZATION FOR ASSOCIATED CONFERENCE EXPENSES NOT TO EXCEED $2,238 PER PARTICIPANT Appointed Council Member Torres-Walker as the Voting Delegate, Appointed Mayor Hernandez-Thorpe as the Alternate Delegate; and approved the conference expenses, 5/0
Recommended Action: It is recommended that the City Council appoint a Voting Delegate and Alternate Delegate for the 2024 League of California Cities Annual Conference. It is further recommended that the Council authorize the associated conference expenses for one participant in an amount not to exceed $2,238.
MAYOR PRO TEM WILSON REQUESTED A MOTION TO SUSPEND THE RULES TO MOVE UP COUNCIL REGULAR AGENDA ITEM #12 TO BE HEARD AS THE NEXT ORDER OF BUSINESS; APPROVED, 5/0
COUNCIL REGULAR AGENDA
12. CITY COUNCIL APPOINTMENT OF STANDBY CITY COUNCIL MEMBERS
Recommended Action: It is recommended that the City Council appoint the following nominees as standby city council members:
• Mayor Hernandez-Thorpe: 1) Filled; 2) Filled;
3) Appointed Ricka Davis Sheard, 5/0
• Council Member (District 1) Torres-Walker: 1) Filled; 2) Filled; 3) Appointed Raymond Rodriguez, 5/0
ANTIOCH CITY COUNCIL -3- SEPTEMBER 10, 2024
4. PROCLAMATIONS
• 9/11 Day of Service and Remembrance, September 11, 2024 • In Honor of Hispanic Heritage Month, September 2024
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamations.
5. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
➢ BIG TRUCK DAY – September 19, 2024
▪ Antioch Community Center, 4703 Lone Tree Way, Antioch, CA
➢ CALIFORNIA COASTAL CLEANUP DAY – September 21, 2024
▪ Antioch Marina and Antioch Water Park, Antioch, CA
6. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ CONTRA COSTA COUNTY MOSQUITO & VECTOR CONTROL BOARD
➢ ECONOMIC DEVELOPMENT COMMISSION
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
7. PRESENTATION
– BUILD Internship Presentation
8. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 13, 2024 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
ANTIOCH CITY COUNCIL -4- SEPTEMBER 10, 2024
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
B. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 27, 2024 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
C. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. APPROVAL OF TREASURER’S REPORT FOR MAY 2024
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the May 2024 Treasurer’s Report.
F. APPROVAL OF TREASURER’S REPORT FOR JUNE 2024
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the June 2024 Treasurer’s Report.
G. SECOND READING: ORDINANCE ADDING CHAPTER 6 TO TITLE 11 (JUST CAUSE EVICTION ORDINANCE) (Introduced on August 27, 2024)
Ord No. 2240-C-S adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the proposed Ordinance Adding Chapter 6 to Title 11 of the Antioch Municipal Code Providing Just Cause Eviction Protection within the City of Antioch.
H. SECOND READING OF ORDINANCE: COUNCILMEMBER COMPENSATION – SENATE BILL 329 INCREASES THE COMPENSATION LIMITS FOR CITY COUNCILMEMBERS (Introduced on August 27, 2024)
Ord No. 2241-C-S adopted, 4/1-(Ogorchock-No)
Recommended Action: It is recommended that the City Council adopt the ordinance increasing councilmember compensation to one thousand nine hundred dollars ($1,900) per month for a total of twenty -two thousand eight hundred dollars ($22,800) per year.
ANTIOCH CITY COUNCIL -5- SEPTEMBER 10, 2024
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
I. AWARD OF PROPOSAL NO. 946-0701-24G FOR LOCKBOX SERVICES Reso No. 2024/125 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution awarding the Lockbox Services Agreement, Proposal No. 946 - 0701-24G, to RT Lawrence Corporation for the charges and fees as proposed, estimated at a total cost of $83,750 for a term of five years and authorizing the Acting City Manager to execute the agreement.
J. AWARD OF AGREEMENT TO NAVIGATING PREPAREDNESS ASSOCIATES FOR
HAZARD MITIGATION PLAN PREPARATION
Reso No. 2024/126 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding the agreement to Navigating Preparedness
Associates for Hazard Mitigation Plan Preparation beginning September 10, 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) Authorizing the Acting City Manager to execute the agreement in a form approved by the City Attorney.
K. AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH CONSOLIDATED ENGINEERING INC. FOR THE NEIGHBORHOOD TRAFFIC CALMING PROJECT ( P.W. 282-19A)
Reso No. 2024/127 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving an amendment to the construction agreement with Consolidated Engineering Inc. for the Neighborhood Traffic Calming Project in the amount of $17,839.50, for a total contract amount of $395,789.50.
ANTIOCH CITY COUNCIL -6- SEPTEMBER 10, 2024
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
L. UNHOUSED RESIDENTS’ SERVICES – AMENDMENT NO. 1 TO SUPPORTIVE
SERVICES AGREEMENT WITH BAY AREA COMMUNITY SERVICES
Reso No. 2024/128 adopted in the amount of $818,771.24, 5/0 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.
M. RESOLUTION TO CHANGE AUTHORIZED SIGNATORY TO SUBMIT ANNUAL
APPLICATION FOR PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDING
Recommended Action: It is recommended that the City Council:
Reso No. 2024/129 adopted, 5/0
1) Adopt the resolution to rescind Resolution No. 2020/110.
Reso No. 2024/130 adopted, 5/0
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.
PUBLIC HEARING/ CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUSING
SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY
9. 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
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and consider public comment on the F iscal 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.
ANTIOCH CITY COUNCIL -7- SEPTEMBER 10, 2024
COUNCIL REGULAR AGENDA – Continued
10. RECEIVE REPORT ON UTILITY REVENUE REQUIREMENTS AND ADOPT
RESOLUTION SETTING PUBLIC HEARING FOR WATER CHARGE INCREASES FOR NOVEMBER 12, 2024, AND AUTHORIZING DISTRIBUTION OF PROPOSITION 218
NOTICES
Reso No. 2024/131 adopted, 4/1-(Hernandez-Thorpe-No)
Recommended Action: It is recommended that the City Council adopt a resolution setting a Public Hearing on proposed Water Service Charge adjustments and authorize the distribution of Proposition 218 notices addressing proposed adjustments and notifying owners of the public hearing on this issue.
[ITEM #12 MOVED UP IN THE AGENDA]
11:00 P.M. COUNCIL MEMBERS DISTRICT 2 BARBANICA AND DISTRICT 3 OGORCHOCK LEFT THE MEETING AFTER THE VOTE ON ITEM #10.
13. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR 2615
SOMERSVILLE RD LLC DBA FLAVORS ANTIOCH
Reso No. 2024/132 adopted, 3/0
[Barbanica and Ogorchock-Absent]
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.
11:02 P.M. BREAK
11:03 P.M. RECONVENED – Council Members District 1 Torres-Walker, Mayor Pro Tem (District 4) Wilson, and Mayor Hernandez-Thorpe
[Council Members District 2 Barbanica and District 3 Ogorchock – Absent]
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn meeting at 11:03 p.m., 3/0
[Council Members District 2 Barbanica and District 3 Ogorchock – Absent]
ANTIOCH CITY COUNCIL -8- SEPTEMBER 10, 2024
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 09/24/2024 COUNCIL MEETING]
COUNCIL REGULAR AGENDA – Continued
11. 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:
1) Authorizing 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;
2) Introducing 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 An tioch Police Department
Dispatch Center; and
3) Authorizing the necessary budget through June 30, 2025, of up to $350,000.
14. 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.
15. 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.
PUBLIC COMMENTS
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and Acting City Manager – no longer than 90 days. 1 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular eeting of , 2024
Honorable Mayor and Members of the City Council
SUBMITTED BY: Joseph Vigil, Police Captain
APPROVED BY:Brian Addington, Interim Chief of Police
SUBJECT: 2023 Annual Military Equipment Report
RECOMMENDED ACTION
It is recommended that the City Council review and approve the 2023 Annual Military Equipment Report.
FISCAL IMPACT
There is no fiscal impact in accepting this report.
DISCUSSION
Assembly Bill 481 (AB 481), approved on September 30, 2021, by Governor Gavin Newsom (codified as Chapter 12.8 of the California Government Code and commencing with section 7070 et seq.), requires all local law enforcement agencies obtain approval from the applicable governing body (City Council) via adoption of a “military equipment” use policy by ordinance prior to requesting, seeking funding, acquiring, collaborating with other jurisdictions about the deployment of military equipment, or using military equipment.
Section 7072 of the Government Code requires departments to prepare an annual equipment report. Section 7071 requires agencies submit reports to their governing bodies annual detailing the following:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
Antioch City Council Report
, 2024 Agenda Item #1 2
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (a)Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment.
On June 17, 2024, the Antioch Police Department presented the Annual Military Equipment Report to the Antioch Police Oversight Commission.
The police department worked with commission members to clarify wording in the report as well as define separate heading sections. A clear process, specific for military equipment, was created for community members to ask questions, express concerns, and make complaints.
On August 5, 2024, the 2023 the Annual Military Equipment Report was presented and approved by the Antioch Police Oversight Commission.
ATTACHMENTS
A. 2023 Annual Military Equipment Report
ANTIOCH POLICE DEPARTMENT
Brian Addington, Interim Chief of Police
300 L Street, Antioch, CA 94509
Phone: (925) 779-6900 / Fax: (925) 779-6905
www.antiochpolice.com
1 2023 ANNUAL MILITARY EQUIPMENT USE REPORT
Introduction
On September 30, 2021, the Governor of the State of California approved Assembly Bill 481 (codified as Chapter 12.8 of the California Government Code) requiring law enforcement agencies to have a military equipment use policy approved by the City Council prior to requesting, seeking funding, acquiring or using items that it defined as military equipment. Assembly Bill 481 allows the governing body to approve the policy within its jurisdiction only if it determines that the military equipment meets specified standards.
On May 24, 2022, the Antioch City Council approved Ordinance 2213-C-S, approving Antioch Police Department Policy #706: Military Equipment Use Policy. On May 23, 2023, the Antioch City Council accepted the APD Military Equipment Report for 2022 and approved the continued use of that equipment.
As required by Assembly Bill 481 and the Ordinance, annually, the Antioch Police Department must prepare a report on the use of each type of military equipment approved in the Policy over the last year. Subsequently, the City Council must then review the Ordinance, Policy and Annual Report, and determine whether the Department’s use of the defined military equipment in the past year complied with the Policy, and whether to continue the Ordinance and Policy, take action (by ordinance) to modify the Policy or repeal the Ordinance.
As the Policy outlines, the Antioch Police Department retains and employs limited equipment that falls under this legislation and subsequent law to safeguard its community.
Antioch Police Department officers, certified instructional staff, and specialized units receive training throughout the year on the use of this equipment approved under the Policy.
This annual report outlines the Antioch Police Department’s military equipment inventory and usage and community complaints over the use of military equipment from January 1, 2023, through December 31, 2023. It also outlines the proposed purchase of new and/or replacement equipment during 2024. In the future, the Department will submit its Military Equipment Annual Report to the City Council in May of each year in compliance with AB481.
Antioch Police Department Military Use Policy (706)
Antioch Police Department’s Military Use Policy (706) requires the Police Department to present an annual report to the City Council. The annual report, as mandated by Government Code sections 7071 & 7072, requires the police department to present the following:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
ANTIOCH POLICE DEPARTMENT
Brian Addington, Interim Chief of Police
300 L Street, Antioch, CA 94509
Phone: (925) 779-6900 / Fax: (925) 779-6905
www.antiochpolice.com
2 3. The results of any internal audits, information about military equipment use policy violations, and any actions taken in response.
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
Summary of Use
The Antioch Police Department used military equipment in two incidents described below:
APD Case # 23-1863
March 15, 2023
Summary of Incident: The Antioch Police Department SWAT Team served an arrest and search warrant related to an armed robbery and carjacking investigation.
Type of Military Equipment Used: Armored Rescue Vehicle, Unmanned Aerial Systems, and Mobile Command Center. Precision Rifles and appropriate ammunition were deployed, but not fired during this operation. Additionally, noise and flash distraction devices were deployed during this operation.
APD Case # 23-6185
August 15, 2023
Summary of Incident: Officers responded to a domestic violence incident where a man was reported to be armed with a firearm. The man was uncooperative and would not comply with orders to get on the ground. Officers feared he was armed with a firearm, so an officer deployed a less-lethal kinetic energy projectile that shot a sponge round at the man’s abdomen. The sponge round hit the man and had no effect. The officer fired a second CS sponge round and again struck the man in the abdomen, prompting him to comply. No firearm was located.
In addition to the two incidents listed above, officers used Unmanned Aerial Systems (drones) numerous times on various calls throughout the year. Usage ranged from crime mapping, area checks, locating suspects, victims, witnesses, and lost individuals to checking and clearing large spaces and closed spaces and checking areas over the city’s waterways. The flight time related to use was approximately 44 hours.
ANTIOCH POLICE DEPARTMENT
Brian Addington, Interim Chief of Police
300 L Street, Antioch, CA 94509
Phone: (925) 779-6900 / Fax: (925) 779-6905
www.antiochpolice.com
3 Complaints and Concerns
An audit of the 2023 complaints found no complaints regarding deploying or using the listed equipment.
Internal Audits
Internal audits of the listed equipment regarding deployment and use did not yield any policy violations or deployment concerns.
Inventory and Annual Costs
1. Armored Rescue Vehicle
International, NAVSTAR, MAXXPRO M1224. Quantity 1
A. Fiscal Impact
Annual maintenance cost of approx. $2000
B. Training
All drivers of the MAXXPRO attend formalized instructions and are trained in the operation and driving of this vehicle.
2. Command and Control Vehicle (Mobile Command Center)
2008 Chevrolet Kodiak 5500Box Truck (custom built) vehicle. Quantity 1 A. Fiscal Impact
Annual maintenance cost of approx. $2000.
B. Training
Drivers complete a closed course training block of instruction annually.
3. Unmanned Aerial Systems
a. Da-Jaing Innovations (DJI) Mavic 2 Enterprise Advanced, cost $6500.00, Quantity 6 b. DJI Mavic 2 Dual, cost $2,759.00, Quantity 2
c. DJI Mavic Enterprise Zoom, $2,495.00, Quantity 2
d. DJI Air 2, $1.998.00, Quantity 4
e. DJI Mini 2, $600.00, Quantity 2
f. DJI Mini Pro, cost $1,737.00, Quantity 1
g. DJI M-30, cost $14,657.00, Quantity 1
h. DJI Avata Pro, cost $2,856.00, Quantity 2
i. DJI Mavic 3E, cost $3628.00, Quantity 1
A. Fiscal Impact
Annual maintenance and battery replacement cost is approx. $7,500.00. 3 Older model DJI Mavic were traded in for 2 DJI Mavic 2 Duals and the DJI M-30.
B. Training
All UAS operators are licensed by the Federal Aviation Administration (FAA) for UAS operations. The training for this certification is 40 hours for the basic certification. The advanced operation certification class is 20 hours, and the night certification is a 30-hour class. All drone
ANTIOCH POLICE DEPARTMENT
Brian Addington, Interim Chief of Police
300 L Street, Antioch, CA 94509
Phone: (925) 779-6900 / Fax: (925) 779-6905
www.antiochpolice.com
4 training classes the police department uses are POST-certified. You must be certified to operate the drones for duty use.
4. Specialized Firearms and Ammunition
A. Colt ArmaLite Rifle (AR)-15 rifle. Quantity 41
B. M4 AR-15 rifle. Quantity 6
C. Colt Commando Short Barrel (SB) rifle. Quantity 10 D. Heckler & Koch (H&K) UMP. Quantity 5
E. Remington 700 bolt action rifle. Quantity 5
F. Federal brand .223 caliber rifle ammunition. Quantity 250 cases.
G. Ruag brand .308 caliber rifle ammunition. Quantity 2 cases.
B. Fiscal Impact
Annual maintenance is approx. $50 for each rifle. Ammunition purchased as needed, $1000- $5,000.00 depending on order size.
C. Training
Officers must attend a POST-certified rifle course or the FBI-certified rifle course to use a rifle.
Both courses are 16 hours in length, and officers must requalify annually.
5. Kinetic Energy Projectile Launch Platforms and Projectiles a. Penn Arms Model L140-4. Quantity 20.
b. Remington 870 Less lethal Shotgun. Quantity 2
i. Both have orange stocks and foregrips and are identified as non-lethal munition launchers.
c. Projectiles
i. Combined Tactical Systems (CTS) direct impact sponge round. Quantity 200 ii. CTS Frangible CS round. Quantity 60
iii. CTS Ferrett round. Quantity 100
iv. CTS LC5 Launching Cups. Quantity 4
v. CTS 2600 12-gauge launch cartridge. Quantity 100
A. Fiscal Impact
The L140-4's annual maintenance costs are approximately $50.00 each, and the purchase of new munitions costs approximately $900- $2000 annually.
B. Training
40 mm instructors attend a POST-certified instructor’s course and then instruct officers within the department on its use and capabilities. The POST-certified instructor course is 16 hours, and the officer user course is 4 hours.
6. Diversionary Devices (Flashbang)
a. TS Flashbang (single use) #7290, Cost $ 50.00. Quantity 60 b. CTS Flashbang (triple single) #7290-3, Cost $104.00. Quantity 4 A. Fiscal Impact
ANTIOCH POLICE DEPARTMENT
Brian Addington, Interim Chief of Police
300 L Street, Antioch, CA 94509
Phone: (925) 779-6900 / Fax: (925) 779-6905
www.antiochpolice.com
5 No annual maintenance, purchased as needed approx. $1239.00 - $2500.00.
B. Training
Officers must attend the 16-hour POST-certified Diversionary Device Instructor course to deploy diversionary devices.
7. Chemical Agent and Smoke Canisters
a. CTS CS Baffled Grenade #5230B. Quantity 35
b. CTS CS Smoke Canister #8230. Quantity 60
c. CTS Smoke Canister #5230 Quantity 45
B. Fiscal Impact
No annual maintenance costs, purchased as needed $770.00-$2000.00.
C. Training
Officers using the abovementioned equipment must attend a 40-hour POST-certified course on chemical munitions.
Conclusion
APD does not intend to acquire additional military equipment. However, future attempts to obtain new equipment will include adhering to procedures outlined in our department policy and remaining consistent with the Military Equipment inventory list, policy, and department budget, previously approved by the City Council.
There are some cases when military equipment is used or displayed that may cause concerns or raise questions from community members. In those instances, there is a process where community members can ask questions, express concerns, and make a complaint about the equipment’s use.
These questions, concerns, and complaints can be directed to the police department through the complaint process on the police department’s website (https://www.antiochca.gov/comment- forms/police-comments-complaints-recommendations/) or directly to the Chief of Police at [email protected].
End of Report
Agenda Item #
DATE:
TO:
STAFF REPORT TO THE CITY COUNCIL
Regular Meeting of , 2024
Honorable Mayor and Members of the City Council
SUBMITTED BY: Kwame P. Reed, Acting City Manager
SUBJECT: Response to Grand Jury Report No. 2405,
“Challenges Facing the City of Antioch”
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution to approve the attached response to the Grand Jury report: “Challenges Facing the City of Antioch” (Attachment B, Exhibit 1) and authorize the Mayor to sign it.
FISCAL IMPACT
Responding to the Grand Jury report required staff time. Fiscal impacts of implementing the recommendations in the report are not yet identified.
DISCUSSION
Early in California’s history, the California Constitution established grand juries in each county. The California Penal Code § 933(c) includes provisions on the formation of grand juries and the powers and duties of grand juries. With respect to public agencies, grand juries are authorized to “investigate and report upon the operations, accounts, and records of the officers, departments, functions and the method or systems of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” (Cal. Penal Code § 925a) Within 90 days after the grand jury submits a report regarding the operations of any public agency, the governing body of the public agency shall comment to the presiding judge of the superior court findings and recommendations pertaining to matters under the control the governing body.
In June 2024, the City of Antioch received the attached Grand Jury report entitled, “Challenges Facing the City of Antioch”. Due to the nature of the report, City staff contacted each Councilmember to provide input into the attached response. Input into the attached response has been provided by Mayor Hernandez-Thorpe and Councilmember Ogorchock.
ATTACHMENTS
A. Resolution
B. Civil Grand Jury Report 2405 - Challenges Facing the City of Antioch C. City Response to Grand Jury Report (Exhibit 1)
ATTACHMENT “A”
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AUTHORIZING THE MAYOR TO FORWARD A RESPONSE TO GRAND JURY REPORT NO. 2405-
CHALLENGES FACING THE CITY OF ANTIOCH
WHEREAS, the City of Antioch received Grand Jury Report No. 2405 – “Challenges Facing the City of Antioch”;
WHEREAS, a written response to the Grand Jury is required under California Penal Code § 933.05 (b); and
WHEREAS, a written response to the Grand Jury has been drafted and submitted to the City Council for review and approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. approves the written response to the Grand Jury Report No. 2405, “Challenges Facing the City of Antioch” (Exhibit 1) and
2. authorizes the Mayor to sign the written response to the Grand Jury Report No. 2405, “Challenges Facing the City of Antioch”, which is attached to this Resolution as Exhibit 1.”
* * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch, at a regular meeting thereof, held on the th day of 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Contra Costa County 2023-2024 Civil Grand Jury Report 2405: “Challenges Facing the City of Antioch”
ATTACHMENT C
“Exhibit 1”
, 2024
The Honorable Terri Mockler
Presiding Judge of Contra Costa County Superior Court
725 Court Street
PO Box 431
Martinez, CA 94553-0091
Re: City of Antioch Response to 2023-2024 Contra Costa Civil Grand Jury Report No. 2405: Challenges Facing the City of Antioch
Dear Judge Mockler,
On behalf of the City of Antioch City Council, this letter is in response to Contra Costa Civil Grand Jury Report No. 2405 – Challenges Facing the City of Antioch. The City Council approved this response at its meeting on , 2024. Pursuant to California Penal Code § 933.05, the City of Antioch has responded to the applicable findings and recommendations.
Findings
F1. Antioch's City Manager has broad responsibility to ensure the efficient operation of the city, including supervision of an approximately $ 100 million general fund budget and an authorized staff of over 400 employees.
Response The City agrees with this finding (Mayor Hernandez-Thorpe (“MHT” & Councilmember Ogorchock (“CMO”).
The City’s overall budget including general operations and capital improvements is $146 million (Acting City Manager).
F2. The city began the process of recruiting a new permanent City Manager in January 2024. As of June 10, 2024, no hiring decision has been announced.
Response The City agrees with this finding (MHT & CMO).
F3. As outlined in both the City Manager job description and in city recruitment materials, the City Manager position requires a qualified and experienced individual.
Response The City agrees with this finding (MHT & CMO).
Contra Costa County 2023-2024 Civil Grand Jury Report 2405: “Challenges Facing the City of Antioch”
F4. There has been a lack of continuity in City Managers in Antioch, with six City Managers or Acting City Managers since December 2013.
Response The City partially disagrees with the finding (MHT).
The City agrees with this finding (CMO).
The Antioch City Council has appointed five (5) city managers since December 2013. Human Resources Director, Ana Cortez, was delegated the authority and responsibilities of the city manager position by a former city manager prior to him being placed on administrative leave. Ms. Cortez fulfilled those responsibilities for a period of two (2) days bridging the period between the city manager being placed on administrative leave and the City Council appointing an Acting City Manager. Ms. Cortez was not appointed Acting City Manager by the City Council (Acting City Manager).
F5. Under city ordinances the City Council, including the Mayor, has no direct authority to direct, supervise, hire, or fire any city employees, other than the City Manager and City Attorney (Ordinance 246-A). Response The City agrees with this finding (MHT & CMO). F6. The Mayor and City Council members have on occasion overstepped their authority in seeking to make personnel decisions, including terminating the then Public Works Director in December 2022, in ways not permitted by city ordinance (Antioch City Code § 2-2.06 and § 2-2.10). Response The City disagrees with this finding (MHT). The City agrees with this finding (CMO). F7. The Mayor and City Council members have on occasion sought to conduct meetings with City Staff without the approval or involvement of the City Manager, as required by city ordinance (Antioch City Code § 2-2.10). Response The City disagrees with this finding (MHT). The City agrees with this finding (CMO). Staff is under the direction from the City Manager to always inform him of these conversations once they have occurred. There has been a history of Council working with staff on topics including Measure W, salary studies, ad hoc committees and standing committees. Committee topics have included matters such as Contra Costa County 2023-2024 Civil Grand Jury Report 2405: “Challenges Facing the City of Antioch”
cannabis businesses, social equity and racial justice, unsheltered people, and the Rivertown/Downtown area (Acting City Manager). F8. Antioch's city government had a 21.6% employee vacancy rate as of February 2024, roughly four-times the national average for government agencies. Response The City agrees with this finding (MHT). As of February 15, 2024, the City-wide vacancy rate was 21% (Acting City Manager). F9. In the absence of a permanent City Manager since March 2023, the city has deferred hiring new department heads when openings occur. Response The City agrees with this finding (MHT & CMO). F10. The Police, Public Works and Community Development departments currently are without permanent department heads. Response The City agrees with this finding (MHT & CMO). F11. Seven of the eleven most senior positions in Antioch city government are currently held by acting or part-time personnel, including City Manager, Assistant City Manager, Directors of Community Development, Police Services, and Public Works (all acting) and the Directors of Economic Development and Recreation (both part-time).
Response The City agrees with this finding (MHT & CMO). The Economic Development Director is currently serving as Acting City Manager. He is not performing “part-time” duties for the Economic Development Department. The role of the Acting City Manager does not allow for any instance of not performing those duties 100% of the time (Acting City Manager). F12. The employee vacancy rate is above the city-wide average in the Public Works Department (26% vacancy rate) and Community Development Department (35% vacancy rate), both of which currently do not have permanent directors. Response The City partially disagrees with this finding.
Contra Costa County 2023-2024 Civil Grand Jury Report 2405: “Challenges Facing the City of Antioch” Not knowing when the Grand Jury sourced the staffing information for the abovementioned departments, the City cannot verify the information. As of June 30, 2024, the Public Works Department had a 17% vacancy rate, and the Community Development Department had a 25% vacancy rate (Acting City Manager). F13. Recruitment and retention of staff has been impacted by the absence of a permanent City Manager and the lack of permanent department heads in multiple city departments. Response The City disagrees with this finding (MHT). The City agrees with this finding (CMO). F14. The Contra Costa County District Attorney's Office conducted an investigation into alleged Brown Act violations by Mayor Lamar Hernandez-Thorpe and Council Members Tamisha Torres-Walker and Monica Wilson, which was forwarded to the Grand Jury. Response The City agrees with this finding (MHT & CMO). F15. The District Attorney's Office noted serious concerns that noncompliance with the Brown Act may have occurred, however, there was insufficient evidence to prove beyond a reasonable doubt intentional violations of the statute occurred. Response The City agrees with this finding (MHT). The City partially disagrees with this finding (CMO).
RECOMMENDATIONS
The Grand Jury recommends that:
R1. The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager. Response The City agrees with this recommendation (MHT & CMO). R2. The Mayor and City Council should abide by city regulations (Antioch Contra Costa County 2023-2024 Civil Grand Jury Report 2405: “Challenges Facing the City of Antioch” City Code § 2-2.06 and § 2-2.10) that preclude the Mayor and City Council from having any direct authority to direct, supervise, hire or fire any city employee, other than the City Manager and City Attorney. Response The City agrees with this recommendation (MHT & CMO). R3. The new City Manager should, within 6 months of their appointment to the position ofCity Manager, recruitand appoint permanent department heads to fill current department head vacancies. Response The City agrees with this recommendation (MHT & CMO). R4. By 1/1/2025 the City Council should direct the City Manager to undertake a study to determine the factors leading to the city's high employee turnover and vacancy rates. Response The City agrees with this recommendation (MHT & CMO). R5. By 1/1/2025 the Mayor and City Council should consider directing the City Manager and City Attorney to organize an annual training session focused on Brown Act requirements and compliance for the Mayor, City Council members, relevant city employees and members of city boards and commissions.
Response The City agrees with this recommendation (MHT & CMO).
On behalf of the City of Antioch, we are committed to working in partnership with Contra Costa Board of Supervisors in acknowledging of both the Civil Grand Jury findings and recommendations. We trust the Grand Jury will find these responses extremely helpful to its future endeavors.
Sincerely yours,
Lamar A. Thorpe
Mayor, City of Antioch
Contra Costa County 2023-2024 Civil Grand Jury Report 2405: “Challenges Facing the City of Antioch” Cc: Joanne Sarmento, 2023-2024 Contra Costa County Civil Grand Jury Foreperson Antioch City Council
Kwame P. Reed, Acting City Manager
Thomas Lloyd Smith, City Attorney, City of Antioch
3 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: Designation of a Voting Delegate and Alternate Delegate for the League of California Cities Annual Conference and Authorization for Associated Conference Expenses Not to Exceed $2,238 per Participant
RECOMMENDED ACTION
It is recommended that the Council appoint a Voting Delegate and Alternate Delegate for the 2024 League of California Cities Annual Conference. It is further recommended that the Council authorize the associated conference expenses for one participant in an amount not to exceed $2,238.
FISCAL IMPACT
The League of California Cities Annual Conference is being held at the Long Beach Convention Center from October 16 through October 18, 2024. The registration, hotel accommodations, and flight for one participant estimated total cost is $2,238 (registration, flight, per diem, and hotel accommodations).
DISCUSSION
The League’s 2024 Annual Conference is scheduled for October 16 – October 18, 2024, at the Long Beach Convention Center. An important part of the Annual Conference is the Annual Business Meeting (during the General Assembly), scheduled for Friday, October 18, 2024. At that meeting, the League membership considers and acts on resolutions that establish League policy.
To vote at the Annual Business Meeting, the City Council must designate a Voting Delegate. The City may also appoint up to two alternate Voting Delegates, one of whom may vote if the designated Voting Delegate is unable to serve in that capacity.
The attached Voting Delegate form must be completed and returned to the League’s office no later than Wednesday, September 25, 2024. This allows the League’s office time to establish voting delegate/alternate records prior to the conference.
Antioch City Council Report
September 10, 2024 Agenda Item # 2
ATTACHMENTS
A. League of California Cities’ Letter dated July 10, 2024 Annual Conference General Assembly Guidelines
2024 Annual Conference How it Works: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
General Assembly Voting Guidelines
Information Sheet: Cal Cities Resolutions and the General Assembly
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a member-
informed process,
grounded in the voices and
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 9/11 DAY OF SERVICE AND REMEMBRANCE
SEPTEMBER 11, 2024
WHEREAS, on September 11, 2001, the American people endured the worst terrorist
WHEREAS, in response to this tragedy, Americans across the country came together in a remarkable spirit of patriotism and unity, carrying out countless acts of kindness, generosity, and compassion;
WHEREAS, community organizations and family members of 9/11 victims began observing the anniversary of September 11th as a charity service day to honor the memory of those who were lost and those who united in response to the tragedy, including first responders and volunteers; and
WHEREAS, participating in service and remembrance activities on September 11th is a positive and respectful way to remember the lives of those lost, pay tribute to those who rose in service, and honor those who continue to serve our Country today, including active-duty and reserve soldiers and their families, veterans, and first responders.
NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, on behalf of the citizens of Antioch, do hereby proclaim September 11, 2024, as 9/11 DAY OF SERVICE AND REMEMBRANCE and encourage citizens to honor the lives of those lost through participation in community service and remembrance ceremonies on this day and
throughout the year.
SEPTEMBER 10, 2024
______________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor
4.01 09-10-24
IN HONOR OF
HISPANIC HERITAGE MONTH
September 15 October 15, 2024
WHEREAS, the observation started in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson, and was expanded by President Ronald Reagan in 1988 to cover a 30-day period starting on September 15 and ending on October 15;
WHEREAS, every year since 1988, from September 15 to October 15, our country has celebrated Hispanic culture & contributions to our community and nation by celebrating the histories, cultures, and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America;
WHEREAS, we begin the observance on September 15 because it is the anniversary of independence or Independence Day for Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18, respectively;
WHEREAS, the theme for 2024
encapsulates the spirit of innovation, resilience, and unity that define the Hispanic experience and recognizes all the Hispanics/Latinos who have been trailblazers and game changers, paving the way for future generations;
WHEREAS, throughout the year, we honor the contributions of Hispanic and Latinx Americans in our history as well as celebrate the contributions of Hispanic and Latinx Americans who serve our communities, such as civil rights trailblazer Cesar Chavez.
NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby proclaim that September 15 through October 15, 2024, is Hispanic Heritage Month and encourage all residents to use this time to reflect on the rich culture, history, and contributions of Latinx and Hispanic peoples to the enrichment of the City of Antioch.
SEPTEMBER 10, 2024
__________________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor 4.02
09-10-24
BOARD / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
Phone: (925) 779-7009 OFFICE OF THE CITY CLERK200 H Street/P.O. Box 5007 [email protected] Antioch, CA. 94531-5007
https://bit.ly/COA-BC23 AntiochIsOpportunity.com
The City of Antioch urges residents to become involved in their local community! One way to do so is to serve on the various Boards, Commissions, and Committees. Any interested resident is encouraged to apply for the vacancies by 5:00 p.m. on the deadline below.
EXTENDED DEADLINE DATE: FRIDAY, SEPTEMBER , 2024:
CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD
o One (1) vacancy, expiring April 2026
EXTENDED DEADLINE DATE: FRIDAY, SEPTEMBER , 2024:
ECONOMIC DEVELOPMENT COMMISSION
o Two (2) vacancies, expiring June 2025
o Three (3) vacancies, expiring June 2027
o One (1) Chamber of Commerce vacancy, expiring June 2027 To be considered for the vacancy position(s) listed above, please fill out an application available on the City’s
website at https://bit.ly/COA-BC23. Printed applications are also available at Antioch City Hall, 200 H Street,
Antioch, CA.
Please return the completed application by the deadline date listed above, by email to: [email protected].
You can also drop off the application (Attn: City Clerk), in the water billing drop-off box outside Antioch City Hall.
Your interest and desire to serve our community can make a difference.
CONTRA COSTA COUNTY MOSQUITO &
VECTOR CONTROL BOARD OF TRUSTEES
One (1) Vacancy, expiring April 2026
Extended Deadline Date: By 5:00 p.m., , 2024
The City of Antioch encourages residents to become involved in their local community.
One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.
Purpose:
The Board of Trustees are officials appointed by their respective city councils to govern the Mosquito and Vector Control District knowledgeably and effectively. They serve without compensation for a term of two to four years and are highly dedicated to this community service.
Additional information regarding the responsibilities and duties are available online at www.contracostamosquito.com.
Qualifications:
To be eligible, you must be an Antioch resident and a Contra Costa County taxpayer who is at least 18 years old and interested in any of the following areas: public health, public policy, wetlands, farming, community education, finance, personnel, or land development.
Meetings:
Board meets on the second Monday of every other the month starting January at 7:00 p.m., and occasionally, it may be necessary to hold a special Board meeting.
Location:
Meetings are to be held at the District Office address, located at 155 Mason Circle, Concord If you are interested in pursuing volunteer positions with the City of Antioch, please complete an application and submit it via email to [email protected], or mail/deliver it to the Office of the City Clerk, by the deadline date mentioned above.
Applications must include your responses to the Questionnaire to be considered.
Applications are available on the City’s website at:
https://bit.ly/COA-BC23, and at the City Clerk’s Office.
ECONOMIC DEVELOPMENT COMMISSION
Two (2) Vacancies, expiring June 2025
Three (3) Vacancies, expiring June 2027
One (1) Chamber of Commerce Vacancy, expiring June 2027 Deadline Date: By 5:00 p.m., , 2024
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards, and committees. Any interested resident is encouraged to apply.
Purpose:
Economic Development Commission serves in an advisory capacity to the City Council in matters pertaining to economic development issues within the City and makes recommendations to the City Council and staff regarding policies, regulations, marketing, development strategies and planning activities designed to enhance the City’s economic base and create quality jobs.
Committee Seats:
Seven (7) Members, 4-year terms.
o At least five (5) members shall be Antioch residents/electors. Non-resident members shall own or operate a business in the City of Antioch.
o Members with backgrounds in commercial real estate, marketing or investment banking are strongly preferred.
o Antioch Chamber of Commerce shall recommend one member.
Meetings:
Regular meetings are held at 6:00 p.m. in the Council Chambers, 200 H Street, Antioch CA.
First Tuesday in February, April, June, October, and December.
Third Tuesday in July.
First Tuesday on an as-needed basis only, in March, May, and November.
No Meetings are held during January or August
Additional Requirements:
Commissioners are required to submit the Fair Political Practices Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
Commissioners are required to complete a 2-hour online AB1234 Ethics training course within one year of their appointment.
Newly appointed and reappointed members are required to take an Oath of Office administered by the City Clerk.
To be considered for these volunteer position(s), a completed application must be emailed to:
[email protected], or mailed/delivered to the Office of the City Clerk, by the deadline date listed above. Applications are available on the City’s website at: https://bit.ly/COA-BC23, and at the City Clerk’s Office.
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting August 13, 2024
7:00 P.M. Council Chambers
5:15 P.M. - CLOSED SESSION
Mayor Hernandez-Thorpe called the Closed Session to order at 5:16 P.M., and Acting City Clerk Rosales called the roll.
Present: Council Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson, and Mayor Hernandez-Thorpe
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: National Prescription Opiate Litigation, United States District Court Northern District of Ohio Eastern Division, Case No. 1:17-md- 2804.
2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, Initiation of litigation pursuant to California Government Code section 54956.9(c): Two Cases.
3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: California Resources Production v. City of Antioch et al. Contra Costa County Superior Court Case No. N21-2354; Delta Gas Gathering, Inc. and California Energy Exchange Corporation v. City of Antioch et al.
Contra Costa County Superior Court Case No. N21-2355; and Enerfin Resources Northwest Limited Partnership v. City of Antioch et al. Contra Costa County Superior Court Case No. N21-2356.
4. PUBLIC EMPLOYMENT Recruitment of City Manager. This closed session is authorized pursuant to California Government Code Section 54957(b).
PUBLIC COMMENTS None
ADJOURN TO CLOSED SESSION
Mayor Hernandez-Thorpe adjourned to Closed Session at 5:17 P.M.
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7:00 P.M. REGULAR MEETING
Mayor Hernandez-Thorpe called the meeting to order at 7:02 P.M., and Acting City Clerk Rosales called the roll.
Present: Council/Agency Members District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
Absent: Council/Agency Members District 1 Torres-Walker (arrived at 7:04 P.M.) and District 2 Barbanica
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION City Council unanimously approved a settlement, #2 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, direction given to City Attorney, #3 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, direction given to City Attorney; and, #4 PUBLIC EMPLOYMENT, direction given to the Director of Human Resources and City Attorney.
Councilmember Torres-Walker arrived at 7:04 P.M.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS None
1. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
Acting City Clerk Rosales announced the following Board and Commission openings.
Contra Costa County Mosquito & Vector Control Board
Economic Development Commission
Parks and Recreation Commission
PUBLIC COMMENTS
Erika Raulston expressed public safety concerns related to insufficient lighting and encampments in downtown Antioch.
Bruce Ohlson, Mister Bicycle, Delta Pedalers and Robert Prinz, Bike East Bay, discussed a recent bicycle fatality on Lone Tree Way and offered suggestions for improving safety for bicyclists in the area.
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Mario Moren, Sarah Nichols and Janae Tan, Bella Rose Apartment residents, expressed safety concerns related to homeless encampments in their neighborhood.
Ralph Hernandez announced the passing of former City of Antioch employee, Bill Davis.
Kimberly Kidd-Bailey and Linnette Kidd discussed a bicycle fatality involving a family member on Lone Tree Way and offered suggestions for improving safety for bicyclists in the area. They also requested City staff and elected officials respond to their family regarding this incident.
Patricia Granados requested Council bring back a zoom option for public participation during City meetings.
Krystle Law discussed her homeless outreach efforts and requested anyone offering services provide their information so she could distribute a list of resources to the unhoused. Contact information was provided.
Leslie May expressed concern regarding unsafe traffic conditions in Antioch and discussed incidents related to unhoused residents that were negatively impacting her neighborhood.
An unidentified speaker expressed concern that the City had not pursued affordable housing sustainable community grant dollars from the State to improve infrastructure in Antioch.
Devin Williams offered his condolences to Ms. Kidd and led a moment of silence for lives that were lost to community violence.
Public comments submitted in writing were entered into the record from the following individuals:
Valerie Randolph, Bo Dash, Deborah Cullen, Kristy Jardim, Vince Augusta., Mark Murray, Laurence White, Nati Flores Paniagua, Denise Baquing, Carol Kuhn, Yensi Kaplan, Wilmetta Silva, Dennis Daigle, Steven Amaral, Sandra Fuentes, Rosanne Carey, Kirin White, Bernabe Leiva, Johanna Leiva, Lisa Florez, Karen Spangler, Joe Sousa, Mike Hopkins, Nicole Geeting, Jake DeSoto, Noelle Ochinang, Marcel Saunders, Taneshia Jackson, Joan Scotto, an unidentified Individual and Mozell Quarles, Antioch residents, Samantha S, Brentwood resident, Sally de Becker, Berkeley resident, Lizbeth Gutierrez and Nicole Armstrong Pittsburg residents, Sierra Asnicar, Dublin resident, Dani Lanis, Advocacy Manager, Robert Prinz, Advocacy Director, Linda Kallenberger, RJ Erbeau, Walnut Creek, Will Leben, Bike East Bay, Kristin Tennessen, Walnut Creek resident, Nicole Cavanaugh, Annelise Meunier, Paige, Zach Fraser, District 4 Local Assistance Area Engineer, Danielle LoPresti, Robbie Williams, Hydeh Ghaffari, M.A. Caruso, Annemarie Dompe, Benicia resident and Carla Castillo.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker reported on her attendance at the Cannabis Standing Committee meeting. She offered her condolences to the mother of the bicycle fatality victim and encouraged her to reach out to her directly with her concerns. She voiced her support for investing in the
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homelessness. She requested Council hold a
and suggested bringing back Acting City Manager Reed request for an analyst to seek out grant opportunities.
Councilmember Wilson agreed with Councilmember Torres-Walker comments. She supported dedicated bicycle lanes and crime prevention through environmental design. She announced Delta Diablo would be meeting on August 14, 2024, and Tri Delta would be meeting next week.
Mayor Hernandez-Thorpe reported on his attendance at a Tri Delta Transit meeting. He provided an overview of encampment cleanup efforts. He reported on the results of an analysis that was conducted of votes taken by Council. He offered his condolences to the family of the bicycle fatality. He reported on the efforts Council had taken with regards to traffic calming measures and spoke in support of developing a bicycle master plan. He stated he would be meeting with Interim Police Chief Addington to discuss improving customer service from APD. He commented that Council would continue to move forward on the encampment and homelessness issues, and there had been funding requests at the state level.
2. PRESENTATIONS
2.01. PFM ASSET MANAGEMENT LLC Presented by Justin Resuello, Client Relations Manager
City Treasurer Posada introduced Justin Resuello, Client Relations Manager, PFM Asset Management LLC, who gave a PowerPoint presentation of the Investment Performance Review for the Quarter Ended June 30, 2024.
2.02. PROJECT UPDATE FOR THE BRACKISH WATER DESALINATION PROJECT (P.W. 694)
Project Manager Sbranti presented the staff report and Brackish Water Desalination Project Update PowerPoint presentation recommending the City Council receive and file the Brackish Water Desalination Project update.
Leslie May asked if the Brackish Water Desalination Project was similar to the state water project.
Mayor Hernandez-Thorpe explained that the state water project was a separate issue.
In response to Councilmember Wilson, Acting Director of Public Works/City Engineer Buenting explained that they had looked into solar to help supplement power.
3. CONSENT CALENDAR
for City /City Council Members acting as Housing
Successor to the Antioch Development Agency
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A. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 23, 2024
B. APPROVAL OF COUNCIL WARRANTS
C. APPROVAL OF HOUSING SUCCESSOR WARRANTS
D. RESOLUTION NO. 2024/108 AWARD OF AGREEMENT TO ADVANCED TRENCHLESS INC. FOR EMERGENCY UNDERGROUND WATER AND
SEWER/STORM UTILITY INFRASTRUCTURE REPAIRS
E. RESOLUTION NO. 2024/109 FIRST AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH COASTLAND FOR ON-CALL CONSULTANT INSPECTION
SERVICES
F. RESOLUTION NO. 2024/110 AWARD OF AGREEMENT TO BARTLEY PUMP, PM LLC, DBA PUMPMAN CO. FOR ON-CALL PUMP REPAIRS AND REBUILDS
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously approved the Council Consent Calendar.
PUBLIC HEARING
4. EAST LONE TREE SPECIFIC PLAN PROJECT
Planning Manager Merideth introduced Contract Planner Gnos who presented the staff report dated August 13,2024. The Planning Commission recommended the City Council take the following actions: 1) Adopt the resolution certifying the East Lone Tree Specific Plan Supplemental Environmental Impact Report (SEIR). 2) Adopt the resolution approving the East Lone Tree Specific Plan amendment.
Mayor Hernandez-Thorpe opened and closed the public hearing with no members of the public requesting to speak.
Public comment submitted in writing was entered into the record from the following individual:
Pete Sheehan, Golden State Environmental Justice Alliance.
RESOLUTION NO. 2024/111
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution certifying the East Lone Tree Specific Plan Supplemental Environmental Impact Report (SEIR).
RESOLUTION NO. 2024/112
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On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution approving the East Lone Tree Specific Plan amendment.
COUNCIL REGULAR AGENDA
5. REQUEST TO OVERHIRE ONE POLICE CAPTAIN FOR THE REMAINDER OF FISCAL YEAR 2024/25
Interim Police Chief Addington presented the staff report dated August 13, 2024, recommending the City Council adopt a resolution to authorize the overhire of one Police Captain position for the remainder of Fiscal Year 2024/25.
RESOLUTION NO. 2024/113
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution to authorize the overhire of one Police Captain position for the remainder of Fiscal Year 2024/25.
6. REQUEST TO ADD ONE ADMINISTRATIVE ANALYST I POSITION FOR THE POLICE
DEPARTMENT
Interim Police Chief Addington presented the staff report dated August 13, 2024, recommending the City Council adopt a resolution to approve the addition of one Administrative Analyst I position to the Police Department and the necessary Fiscal Year 2024/25 General Fund budget adjustment.
RESOLUTION NO. 2024/114
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution to approve the addition of one Administrative Analyst I position to the Police Department and the necessary Fiscal Year 2024/25 General Fund budget adjustment.
7. DISPOSITION OF REAL PROPERTY LOCATED AT 275 WEST TREGALLAS ROAD, ANTIOCH, CA (APN 071-050-047); AUTHORIZATION OF THE ACTING CITY
MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH DELTA LEARNING CENTER; APPROVAL OF CERTAIN RELATED ACTIONS; AND CEQA EXEMPTION FINDINGS
Acting City Manager Reed presented the staff report dated August 13, 2024 recommending the City Council adopt a resolution: 1) Approving the disposition of the real property located at 275 West Tregallas Road, Antioch, California (APN 071-050-
Acting City Manager to execute the Purchase and Sale Agreement and Joint Escrow Instructions with Delta Learning Center for disposition of the Property with a purchase price in the amount of
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One Dollar ($1.00) with certain reservations of rights and deed use restrictions; and 3) Making a finding that the disposition of the Property is found to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA).
Kimberly Ahumada, Executive Director / Delta Learning Center, Cara Begley, Soroptimist International of Antioch, Antonio Hernandez, Delta Learning Center Board of Directors, LeAndra Turner and Osayi Edigin, Antioch residents and an unidentified speaker spoke in support of Council adopting the resolution approving the disposition of the property.
RESOLUTION NO. 2024/115
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted a resolution: 1) Approving the disposition of the real property located at 275 West Tregallas Road, Antioch, California (APN 071-050-047) Agreement and Joint Escrow Instructions with Delta Learning Center for disposition of the Property with a purchase price in the amount of One Dollar ($1.00) with certain reservations of rights and deed use restrictions; and 3) Making a finding that the disposition of the Property is found to be categorically exempt from environmental review under the California Environmental Quality Act (CEQA).
Mayor Hernandez-Thorpe congratulated Delta Learning Center.
8. CONSIDERATION OF A CANNABIS OPERATING AGREEMENT FOR ANT GREEN LLC
Assistant City Attorney Kundinger presented the staff report dated August 13, 2024, recommending the City Council: 1) Adopt a resolution approving a cannabis operating agreement between the City and ANT Green LLC and 2) Authorize the Acting City Manager to execute the agreement in a form approved by the City Attorney.
Ralph Hernandez and Kibibi Columbus spoke in opposition to Council approving the Operating Agreement for ANT Green LLC.
Leslie May spoke in support of Council approving the Operating Agreement for ANT Green LLC.
Councilmember Ogorchock stated she did not support cannabis businesses.
In response to Councilmember Torres-Walker, Acting Director of Community Development Scudero reviewed the security plan associated with cannabis businesses.
Councilmember Torres-Walker thanked Monument Impact and City staff for identifying organizations to benefit from these agreements.
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Mayor Hernandez-Thorpe clarified that this item was for consideration of the Operating Agreement and noted the application for the business had received prior approval. He added that Council had taken previous actions to extend the green zone and apply buffers to restrict the concentration of cannabis operations. He reported there had been no issues related to public safety with current cannabis businesses.
RESOLUTION NO. 2024/116
On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker the City Council 1) Adopted a resolution approving a cannabis operating agreement between the City and ANT Green LLC and 2) Authorized the Acting City Manager to execute the agreement in a form approved by the City Attorney. The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock Absent: Barbanica
9. CONSIDERATION OF A CANNABIS OPERATING AGREEMENT FOR OTC ANTIOCH, LLC
Assistant City Attorney Kundinger presented the staff report dated August 13, 2024, recommending the City Council: 1) Adopt a resolution approving a cannabis operating agreement between the City and OTC Antioch, LLC and 2) Authorize the Acting City Manager to execute the agreement in a form approved by the City Attorney.
Adam Mernit, Chief Development Officer, OTC Antioch LLC dba Off the Charts, gave a brief background of their company and requested approval of their Operating Agreement and Social Equity Program.
Ralph Hernandez and Kibibi Columbus spoke in opposition to Council approving the Operating Agreement for OTC Antioch, LLC.
Leslie May spoke in support of Council approving the Operating Agreement for OTC Antioch, LLC.
In response to Councilmember Ogorchock, Mayor Hernandez-Thorpe clarified the approval of these operating agreements would bring the number of cannabis operations to seven (7) within the City.
Councilmember Torres-Walker encouraged operators to provide educational programs centered on the impacts of cannabis.
RESOLUTION NO. 2024/117
On motion by Councilmember Wilson, seconded by Councilmember Torres-Walker the City Council 1) Adopted a resolution approving a cannabis operating agreement between the City
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and OTC Antioch, LLC and 2) Authorized the Acting City Manager to execute the agreement in a form approved by the City Attorney. The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock Absent: Barbanica
10. CITY COUNCIL REQUESTED DISCUSSION ITEM DISCUSSION ON WORKING
WITH CONTRA COSTA COUNTY TO CREATE A COORDINATED OUTREACH REFERRAL, ENGAGEMENT (C.O.R.E.) TEAM FOR ANTIOCH
Councilmember Ogorchock stated she requested this agenda item and gave an update on cities that had CORE teams. She reported that Director of Public Safety and Community Resources Johnson had applied for a grant through the state and would like to use at least 50% for a CORE team. She provided projected costs and requested Council reconsider funding a CORE team or request Acting City Manager Reed contact neighboring cities to determine if there was interest in sharing a CORE team and the costs associated.
Leslie May explained the Contra Costa County CORE Team did not operate in Antioch.
Following discussion, the Council consensus directed staff to agendize a workshop on homelessness.
PUBLIC COMMENT None
STAFF COMMUNICATIONS None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Torres-Walker thanked the public for their attendance this evening. She requested staff agendize consideration of hiring an analyst in the City Managers office for the purpose of seeking grant opportunities.
Councilmember Ogorchock restated a previous agenda request for consideration of the formation of a Senior Ad Hoc Committee.
Councilmember Wilson restated a previous Agenda request for a discussion on the development of a bicycle specific plan for Antioch.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council members present unanimously adjourned the meeting at 9:46 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting August 27, 2024
7:00 P.M. Council Chambers
5:15 P.M. - CLOSED SESSION
Mayor Hernandez-Thorpe called the Closed Session to order at 5:15 P.M., and Acting City Clerk Rosales called the roll.
Present: Council Members District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
Absent: Council Member District 1 Torres-Walker (arrived at 5:31 P.M.)
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
PUBLIC COMMENTS
Mark Jordan and an unidentified speaker requested Council appoint an experienced City Manager.
Leslie May and Devin Williams spoke in support of appointing Bessie M. Scott as City Manager.
1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to California Government Code section 54956.9: Susana Shippam v. City of Antioch, Superior Court of California Contra Costa County (Case No. C22-01129).
2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, Initiation of litigation pursuant to California Government Code section 54956.9(c): Three Cases.
3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: ACTING CITY MANAGER.
This closed session is authorized pursuant to California Government Code section 54957(b)(1).
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY. This closed session is authorized pursuant to California Government Code section 54957(b)(1).
5. A. PUBLIC EMPLOYEE APPOINTMENT: CITY MANAGER. This closed session is authorized pursuant to California Government Code section 54957(b)(1).
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B. CONFERENCE WITH LABOR NEGOTIATORS pursuant to California Government Code section 54957.6. City designated representatives: Human Resources Director Ana Cortez and City Attorney Thomas Lloyd Smith.
Employee Organization: Unrepresented Employee City Manager Candidate.
ADJOURN TO CLOSED SESSION
Mayor Hernandez-Thorpe adjourned to Closed Session at 5:29 P.M.
7:00 P.M. REGULAR MEETING
Mayor Hernandez-Thorpe called the meeting to order at 7:10 P.M., and City Clerk Householder called the roll.
Present: Council/Agency Members District 1 Torres-Walker, District 2 Barbanica, District 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
PLEDGE OF ALLEGIANCE
Mayor Hernandez-Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION, City Council unanimously approved a settlement in the amount of $85,000, by a 5-0 vote, #2 CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, direction given to City Attorney, #3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: ACTING CITY MANAGER, no reportable action, #4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY, no reportable action; and, 5. A. PUBLIC EMPLOYEE APPOINTMENT: CITY MANAGER and, 5. B. CONFERENCE WITH LABOR NEGOTIATORS, no reportable action.
1. INTRODUCTION OF NEW CITY EMPLOYEES
Interim Police Chief Addington introduced Brennan Taft, Community Service Officer who thanked Interim Police Chief Addington for the introduction and stated he looked forward to serving the citizens of Antioch.
Director of Human Resources Cortez introduced Michele Milo, Human Resources Technician who thanked Director of Human Resources Cortez for the introduction and stated she looked forward to working in Antioch.
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2. PROCLAMATIONS
International Overdose Awareness Day, August 31, 2024
Childhood Cancer Awareness Month, September 2024
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously approved the Proclamations.
A representative accepted the International Overdose Awareness Day proclamation.
3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Amadeus Castillo, Antioch Council of Teens (ACT) announced the following civic and community events:
Visit: antiochca.gov/Youth
(MAP) Visit: antiochca.gov/MAP
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Householder announced the following Board and Commission openings.
Contra Costa County Mosquito & Vector Control Board
Economic Development Commission
PUBLIC COMMENTS
Due to the amount of speaker requests, Mayor Hernandez-Thorpe reduced speaker times to (2) two-minutes.
John Malcolm Jr., Antioch resident, discussed a significant increase in his water bill and requested Council intervene.
Nadia King, NAACP, announced the NAACP Banquet would be held on October 20, 2024.
Kimberly Kidd-Bailey and Linette Kidd, Antioch residents, discussed a bicycle fatality of a family member and expressed concern for the lack of response from City staff regarding this matter.
Teresa Farias Lua, Rising Juntos, expressed concern that interpretation services were not made available this evening.
Erika Raulston suggested the City bring Job Corps and AmeriCorps programs into Antioch for the youth in the community.
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Dan Aderholt, American River Homeless Crews, spoke in support of the Childhood Cancer Awareness Month proclamation, discussed his homeless outreach efforts and thanked homeless advocates in Antioch.
Yousef spoke in support of a ceasefire resolution and divestment from Israel.
Frank Sterling, Antioch resident, spoke in support of a ceasefire resolution. He thanked the CARE team for providing services to a member of the community. He spoke in support of ACCE and congratulated Captain Vigil on his promotion.
Kathryn Wade encouraged the City to advocate for state funding for homeless services. She thanked Mayor Hernandez-Thorpe for his outreach efforts and expressed concern for comments posted on social media during this election season.
Gavin Payton, NAACP, offered condolences to the lives lost to community violence and voiced his support for anti-racism efforts.
Nicole Arrington spoke in support of Councilmember Torres-Walker and voiced her support for anti-racism efforts.
An unidentified speaker reported on an interaction he had with children raising money for charity and encouraged community members to support each other.
Gigi Crowder, Black Minds Matter 21, expressed concern that the County was not sharing federal funding opportunities for housing with East Contra Costa County. She encouraged relationship building to get federal funding for housing and residential treatment programs in Antioch.
Tachina Garrett, ACCE Antioch, invited the community to attend the Whistle Stop Tour and Celebration on September 14, 2024.
An unidentified speaker requested Council provide a zoom option for public participation at City meetings. She acknowledged the accomplishments of several Councilmembers and encouraged them to continue to make positive changes in the community. She expressed concern for divisive posts on social media.
Public comments submitted in writing were entered into the record from the following individuals:
Robert Prinz, Advocacy Director Bike East Bay and Mahagany Gillam.
Councilmember Wilson made a request to suspend the rules to move Public Hearing Item #6 up as the next order of business. Following discussion, she withdrew her request.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS None
None
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5. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JULY 23, 2024
B. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 13, 2024
C. APPROVAL OF COUNCIL WARRANTS
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
E. RESOLUTION NO. 2024/118 APPROVAL OF THE PROPOSAL FROM LILYPAD EV UTILIZING THE SOURCEWELL COOPERATIVE PURCHASING AGREEMENT NO. 04221-CPI FOR PHASE 1 OF THE ZERO EMISSION VEHICLE TRANSITION PROJECT (P.W. 690-1)
F. RESOLUTION NO. 2024/119 CONSIDERATION OF BIDS FOR THE JACOBSEN PARK RENOVATIONS (P.W. 59-P2)
G. RESOLUTION NO. 2024/120 FIRST AMENDMENT TO THE MAINTENANCE SERVICE AGREEMENT WITH DC ELECTRIC GROUP INC. FOR ELECTRIC VEHICLE
CHARGER INSTALLATIONS
H. RESOLUTION NO. 2024/121 APPROVAL OF THE REPLACEMENT PURCHASE OF A CATERPILLAR WHEEL LOADER MODEL CAT 914 UTILIZING A SOURCEWELL
COOPERATIVE PURCHASING AGREEMENT WITH PETERSON CAT AGREEMENT NO. 011723-CAT
I. RESOLUTION NO. 2024/122 ACCEPTING COMPLETED IMPROVEMENTS,
AUTHORIZING FILING A NOTICE OF COMPLETION AND AUTHORIZING THE RELEASE OF BONDS FOR AVIANO SUBDIVISION PHASE 3 IMPROVEMENTS NOT PREVIOUSLY ACCEPTED WITH CITY COUNCIL RESOLUTION NO. 2023/142, TRACT NO. 9489 (P.W. 676-3)
J. RESOLUTION NO. 2024/123 APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. HSIPSL-5038(029) TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 04- 5038S21 FOR STATE FUNDS FROM THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) AND APPROVING A FISCAL YEAR 2024/25 BUDGET
AMENDMENT FOR THE INSTALLATION OF HAWK SIGNALS AT VARIOUS LOCATIONS (P.W. 282-25)
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of Items E and F, which were removed for further discussion.
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Item E In response to Andrew Becker, Acting Director of Public Works/City Engineer Buenting gave an overview of the Phase 1 Zero Emission Vehicle Transition Project.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously approved Item E.
Item F In response to Andrew Becker and Alexander Broom, Acting Director of Public Works/City Engineer Buenting explained the community engagement and review process as well as site design for the Jacobson Park renovations.
On motion by Councilmember Ogorchock, seconded by Mayor Hernandez-Thorpe the City Council unanimously approved Item F.
PUBLIC HEARING
6. INTRODUCTION OF THE JUST CAUSE EVICTION ORDINANCE
In response to Councilmember Ogorchock, Assistant City Attorney Kundinger clarified that the redline of the Ordinance was not included with the staff report; however, the Draft Ordinance was attached.
Assistant City Attorney Kundinger presented the staff report dated August 27, 2024, recommending the City Council introduce by title only and waive further reading of the Ordinance Adding Chapter 6 of Title 11 of the Antioch Municipal Code Providing Just Cause Eviction Protection within the City of Antioch. He noted there were two minor typographical errors that needed to be corrected, and he would review those after the close of the Public Hearing.
Mayor Hernandez-Thorpe opened the public hearing.
Ethan Silverstein, California Center for Movement Legal Services, Melvin Willis, ACCE, Richmond resident, Reverand Millie Phillips, Faith Alliance for a Moral Economy and EBASE, Leslie May, Devin Williams, Yarely Perez, Rising Juntos, Leticia Walker, Rising Juntos, Brendon , Rising Juntos, Dr. Kimberly Payton, Gavin Payton, Patricia Granados, Nicole Arrington, Jaydon Pierre-King, Rising Juntos, Addison Peterson, Eddie Gums, ACCE, Rhea Elina Laughlin, Rising Juntos, an unidentified speaker and Antwon Webster, spoke in support of the Just Cause for Evictions Ordinance and thanked the stakeholders for participating in the process. Several speakers made recommendations for items to be included in the ordinance.
Public comments submitted in writing were entered into the record from the following individuals:
Joey Flegel-Mishlove and Greg Terzakis, Senior Vice President, California Apartment Association.
Mayor Hernandez-Thorpe closed the public hearing.
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Assistant City Attorney Kundinger explained the typographical errors that needed to be corrected included the following: 1) Page 3, Section 11-6.04 - Termination of tenancy. A.(1)(c) removing 30 days to abate the nuisance and replacing it with 3 days to abate the nuisance, and 2) Page 11, Section 11-6.06 Relocation assistance. A.(1) replacing reference to 11-6.04 (A)(2)(a) with 11-6.04(A)(2).
Councilmember Torres-Walker, Wilson and Mayor Hernandez-Thorpe thanked the tenants and stakeholders for advocating on behalf of renters and for participating in the process.
On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson the City Council unanimously introduced by title only and waived further reading of the Ordinance Adding Chapter 6 of Title 11 of the Antioch Municipal Code Providing Just Cause Eviction Protection within the City of Antioch incorporating the following amendments:
the nuisance and replacing it with 3 days to abate the nuisance
(A)(2)(a) with 11-6.04(A)(2)
7. GOOD CHANCE PRELIMINARY DEVELOPMENT PLAN (PRE2023-0004)
Councilmember Barbanica recued himself due to the location of the project and left the dais.
Planning Manager Merideth introduced Contract Planner Valente who presented the staff report dated August 27, 2024, recommending the City Council provide feedback to the applicant and staff regarding the proposal and provide direction to the applicant for the entitlement submittal.
Mayor Hernandez-Thorpe opened the public hearing.
Mike Milani, Milani and Associates Mike Milani, Milani and Associates, thanked staff for a thorough staff report and gave a brief history of the project. He explained they were requesting direction from Council on how to move forward with their project and asked them to consider a general plan land use amendment to change the property from open space to medium/low density residential.
An unidentified speaker and Alexander Broom spoke in opposition to the General Plan Land Use Amendment given site constraints on the property and spoke in support of it remaining a buffer for open space.
Leslie May spoke in opposition to the project design and expressed concern for site constraints and potential seismic activity occurring in the area.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
August 27, 2024 Page 8 of 11
Rebuttal
Mike Milani explained the PDP process. He stated they could not proceed with geotechnical studies unless Council supported the General Plan Amendment and if they were conditioned to address the landfill, then they could evaluate that matter to determine economic viability. He reported that they had been in discussions with the park district regarding the property that they had acquired, and they were in the process of addressing that issue. He commented that ADU issues were a result of action taken by the State and noted that they intended to be good developers. He requested direction from Council and approval of the General Plan Amendment.
Public comments submitted in writing were entered into the record from the following individuals:
Jerry Henderson and Thomas Smith, Antioch residents.
Mayor Hernandez-Thorpe closed the public hearing.
Following discussion, Council consensus did not support a General Plan Amendment from Open Space to Medium Low Density Residential for this property.
Councilmember Barbanica returned to the dais.
8. INTRODUCTION OF AN ORDINANCE: APPROVING COUNCILMEMBER INCREASES IN SALARY IN ACCORDANCE WITH SENATE BILL 329. THE COUNCIL PAY WILL INCREASE FROM $1,604 PER MONTH TO $1,900 PER MONTH AND WILL NOT
TAKE EFFECT UNTIL THE NEXT CITY COUNCIL IS SEATED AFTER THE NOVEMBER 2024 ELECTION.
City Attorney Smith presented the staff report dated August 27, 2024, recommending the City Council introduce by title only and waive the further reading of the ordinance increasing councilmember compensation to one thousand nine hundred dollars ($1,900) per month for a total of twenty-two thousand eight hundred dollars ($22,800) per year.
An unidentified speaker and Devin Williams spoke in support of the ordinance increasing Councilmember compensation.
A motion was made by Councilmember Barbanica, seconded by Councilmember Torres-Walker to introduce by title only and waive the further reading of the ordinance increasing councilmember compensation to one thousand nine hundred dollars ($1,900) per month for a total of twenty-two thousand eight hundred dollars ($22,800) per year.
Speaking to the motion, Councilmember Ogorchock stated she did not support increasing Councilmember compensation.
Councilmember Barbanica spoke in support of the Ordinance.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
August 27, 2024 Page 9 of 11
A vote taken on the previous motion to introduce by title only and waive the further reading of the ordinance passed. The motion carried the following vote:
Ayes: Torres-Walker, Barbanica, Wilson, Hernandez-Thorpe Noes: Ogorchock
COUNCIL REGULAR AGENDA
9. APPOINTMENT OF BESSIE M. SCOTT AS CITY MANAGER AND APPROVAL OF AN EMPLOYMENT AGREEMENT WITH BESSIE M. SCOTT FOR CITY MANAGER
SERVICES
Director of Human Resources Cortez presented the staff report dated August 27, 2024, recommending the City Council 1) Approve the Agreement appointing Bessie M. Scott as City Manager for a term of two years with an annual salary of $________ (Salary Schedule Step __); 2) Approve reimbursement of additional moving expenses up to __________; and 3) Authorize the Mayor to sign the Agreement in a form approved by the City Attorney.
Teki, Devin Williams, Leslie May, Mary Lutz, Dr. Kimberly Payton, Kimberly Kidd-Bailey, Antioch resident, Patricia Granados, Gigi Crowder, Nicole Arrington and an unidentified speaker, spoke in support of Council appointing Bessie M. Scott as City Manager. Several speakers expressed concern regarding social media posts in opposition to her appointment.
Sandra Wilson, Eric Wunderly, Antioch resident, Elleen Betthany and Dr. Jeffrey Klinger spoke in opposition to Council appointing Bessie M. Scott as City Manager. Several speakers suggested Council postpone this appointment until after the election in November.
Gavin Payton, NAACP, requested members of the NAACP in attendance this evening stand in solidarity.
Lynette Hart offered suggestions for updating job descriptions and the interview process.
Public comment submitted in writing was entered into the record from the following individual:
Mike C.
Councilmember Barbanica spoke in support of Acting City Manager Reed remaining as an interim City Manager until after the election.
Councilmember Torres-Walker provided an overview of the City Manager recruitment process. appointment and spoke in support of appointing Ms. Scott as City Manager.
Councilmember Ogorchock thanked everyone who spoke on this item and stated she believed Ms. Scott was intelligent; however, she did not feel she was qualified for the position.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
August 27, 2024 Page 10 of 11
Councilmember Wilson spoke in support of appointing Ms. Scott as City Manager and acknowledged her connections with the federal government.
Mayor Hernandez-Thorpe encouraged residents to remain engaged. He gave a history of previous City Manager appointments and the interview process. He spoke in support of appointing Ms. Scott as City Manager.
In response to Councilmember Torres-Walker, Director of Human Resources Cortez reviewed the step schedule for the City Manager position and the request for reimbursement of moving expenses.
On motion by Councilmember Torres-Walker, seconded by Councilmember Wilson the City Council 1) Approved the Agreement appointing Bessie M. Scott as City Manager for a term of two years with an annual salary of $263,880 (Salary Schedule Step B); 2) Approved reimbursement of additional moving expenses up to $20,000; and 3) Authorized the Mayor to sign the Agreement in a form approved by the City Attorney. The motion carried the following vote:
Ayes: Torres-Walker, Wilson and Hernandez-Thorpe Noes: Barbanica, Ogorchock
10. 2023 ANNUAL MILITARY EQUIPMENT REPORT
11. RESPONSE TO GRAND JURY REPORT NO.
12. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND AUTHORIZATION FOR ASSOCIATED CONFERENCE EXPENSES NOT TO EXCEED $2,238 PER
PARTICIPANT
On motion by Councilmember Torres-Walker, seconded by Mayor Hernandez-Thorpe, the City Council unanimously tabled Regular Agenda Items #10, 11 and 12 to September 10, 2024.
ADJOURNMENT
On motion by Councilmember Torres-Walker, seconded by Mayor Hernandez-Thorpe the City Council unanimously adjourned the meeting at 11:09 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
August 27, 2024 Page 11 of 11
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 09/10/2024 COUNCIL MEETING TO BE HEARD]
COUNCIL REGULAR AGENDA Continued
10. 2023 ANNUAL MILITARY EQUIPMENT REPORT
11. 12. DESIGNATION OF A VOTING DELEGATE AND ALTERNATE DELEGATE FOR THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND AUTHORIZATION FOR ASSOCIATED CONFERENCE EXPENSES NOT TO EXCEED $2,238 PER
PARTICIPANT
PUBLIC COMMENTS
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
8C___________
8D___________
E
09-10-24
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 10, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Lauren Posada, City Treasurer LP
SUBJECT: Approval of Treasurers Report for May of 2024
RECOMMENDED ACTION
It is recommended that the City Council receive and file May 2024 Treasurers Report.
FISCAL IMPACT
There is no fiscal impact of this action.
DISCUSSION
The Citys Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to the City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurers Report is provided with both reporting provisions of the Policy.
ATTACHMENTS
A. City Treasurers Report
Amount
Antioch Public Financing Authority 2015 Refunding Bonds (02 Lease Rev) 2,985 Antioch Development Agency 2009 Tax Allocation Bonds 151,404 $154,388
Summary of Fiscal Agent Balances by
Debt Issue
F
09-10-24
ST
AFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 10, 2024
TO: Honorable Mayor and Me mbers of the City Council
SUBMITTED BY: Lauren Posada, City Treasurer LP
SUBJECT: Approval of Treasurer’s Report for June of 2024
RECOMMENDED ACTION
It is recommended that the City Council receive and file June 2024 Treasurer’s Report.
FISCAL IMPACT
There is no fiscal impact of this action.
DISCUSSION
The City’s Statement of Investment Policy (Policy) requires that the City Treasurer render, at least quarterly, an investment report to th e City Council. The Policy also requires a monthly report of investment transactions to City Council. A monthly Treasurer’s Report is provided with both reporting provisions of the Policy.
ATTACHMENTS
A. City Treasurer’s Report
Amount
Antioch Public Financing Authority 2015 Refunding Bonds (02 Lease Rev) 2,997 Antioch Development Agency 2009 Tax Allocation Bonds 152,018 $155,015
Summary of Fiscal Agent Balances by
Debt Issue
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G
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting on September 10, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kevin W. Kundinger, Assistant City Attorney KK APPROVED BY:Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Second Reading: Ordinance Adding Chapter 6 to Title 11 (Just Cause Eviction Ordinance)
RECOMMENDED ACTION
It is recommended that the City Council adopt the proposed Ordinance Adding Chapter 6 to Title 11 of the Antioch Municipal Code Providing Just Cause Eviction Protection within the City of Antioch (attached as Attachment A).
FISCAL IMPACT
Adoption of the Ordinance would include increased future workloads for the City Attorney’s Office related to new inquiries and requests for services from tenants and landlords. We anticipate this would include costs associated with tracking notices that would be sent to the City, administration of systems necessary to ensure compliance with the Ellis Act, preparation of forms that would be available for landlords and tenants, and potential legal action that would be taken by the City against violators or the Ordinance.
This would require at minimum an administrative analyst position to manage tracking the notices and the implementation and upkeep of an Ellis Act program, along with the possibility of also requiring a deputy city attorney to handle enforcement of the Ordinance.
However, the ultimate financial impact of this Ordinance cannot be fully assessed at this time.
ANTIOCH CITY COUNCIL DISCUSSIONS
On March 26, 2024, the City Council discussed proposing a Just Cause Eviction Ordinance (“Ordinance”) for rental properties within the City of Antioch. The City Council directed staff to prepare a draft ordinance modeled on the City of Bell Garden’s ordinance and incorporating particular concerns raised by the Antioch City Council.
On April 23, 2024, the City Council was presented a summary of the draft Ordinance, which received public comment and was reviewed by the City Council. After the comment period and the subsequent review, the Councilmembers provided staff with direction regarding specific provisions of the draft Ordinance and directed staff to produce an updated draft Ordinance that addressed the City Council’s concerns.
Antioch City Council Report
September 10, 2024 Agenda Item G 2
On May 15, 2024, the City Council directed staff, through coordination with the Mayor, to meet with stakeholders to develop draft language to present to City Council. The City Attorney’s Office and the Mayor met with stakeholders on June 7, July 11, and August 6, at which time the Mayor directed staff to meet with shareholders to finalize the draft language that is being brought forward as this meeting. On August 21, the language was finalized.
At the August 27, 2024 meeting, the City Council approved the Ordinance adding Chapter 6 to Title 11 (Tenant Protections) of the Antioch Municipal Code, which provide just cause eviction protections to the citizens of Antioch.
SUMMARY
State law requires “just cause” for a landlord to evict a tenant who has continuously and lawfully occupied a residence for at least 12 months.1 The California Tenant Protection Act of 2019 (“TPA”) limits rent increases and places restrictions on landlords’ ability to evict tenants, unless the eviction is as a result of a “just cause” that is defined by state law. The TPA also imposes certain notice and language requirements.2 “Just cause” includes “at-fault” evictions for wrongful or malicious conduct by tenants and “no-fault” evictions, such as when a property owner or their immediate family move into an otherwise occupied unit, remove a unit from the rental market, or when a landlord intends to demolish or “substantially remodel” a unit. Section 1946.2 also provides protections against evictions that do not meet the “just cause” standard as well as remedies that tenants can avail themselves of when evicted without “just cause.”
Notwithstanding the protections afforded by state law, there are still many tenants who are not covered by the existing provisions of the TPA and thus are at risk of unnecessary or unjust evictions. Potentially foreseeing this outcome, the State Legislature drafted Section 1946.2 to preempt all local “just cause” eviction ordinances that were less protective than provided for in that section.
ANALYSIS
A municipality may subject residential real property to “just cause” eviction requirements that are more protective than what is required under State law (Section 1946.2). To do so, the ordinance must: (i) have “just cause” eviction criteria that are consistent with Section 1946.2; (ii) further limit the reasons for termination of a residential tenancy, provide for higher relocation assistance amounts, or provide additional tenant protections that are not prohibited by any other provision of law; and (iii) be accompanied by a finding that the ordinance is more protective than the provisions of Section 1946.2.
The Ordinance meets all the requirements to comply with Section 1946.2. The “just cause” eviction criteria are consistent with those in Section 1946.2. The Ordinance provides for relocation payments higher than required by Section 1946.2. Furthermore, the Ordinance provides protections that do not exist under current state law such as requirements for tenant buyout agreements, a decrease in the amount of time a tenant
1 California Civil Code section 1946.2 (amended by Senate Bill 567, which took effect April 1, 2024). 2 The California Tenant Protection Act of 2019 went into effect in 2020 and was enacted as California Civil Code sections 1946.2 and 1947.12.
Antioch City Council Report
September 10, 2024 Agenda Item G 3
must live in a rental unit to gain eviction protection, and an increase in the overall proportion of tenants that would be eligible receive tenant protections.
The Ordinance now incorporates the provisions of the Ellis Act, which opens up new protections afforded by California State law.
The Ordinance mitigates excessive evictions without being excessively burdensome on landlords. The Ordinance does not significantly limit the rights of landlords when it comes to evictions beyond limitations created by Section 1946.2. Instead, the Ordinance provides additional protections for tenants who experience unlawful evictions including additional financial assistance, assistance with securing alternate housing arraignments, and tools to contest unlaw eviction actions through administrative or court hearings.
The Ordinance creates an avenue for tenants who have been evicted in order for a landlord to renovate or repair a rental unit to return to the same unit at a rate similar to that which they paid at the time of their eviction. Additionally, the Ordinance expands the opportunity granted to tenants to move back into renovated or repaired unit they had once inhabited without suffering inordinate rental price increases.
The Ordinance enables the City to effectively monitor evictions in the City of Antioch and to prevent or deter unnecessary or unlawful evictions. The Ordinance deters landlords from unjustly evicting lawful tenants, which is important given the housing crisis in Antioch and across the State of California.
ATTACHMENTS
A. Just Cause Eviction Ordinance
ATTACHMENT A
1 ORDINANCE NO. 2024-X-X
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ADDING CHAPTER 6 TO TITLE 11 OF THE ANTIOCH MUNICIPAL CODE RELATING TO
TENANT EVICTION PROTECTIONS
WHEREAS, The City Council finds that the just cause for termination of residential tenancy requirements authorized by this chapter is consistent with California Civil Code section 1946.2;
WHEREAS, The City Council further finds that the provisions of this chapter are “more protective” than the provisions of California Civil Code Section 1946.2; WHEREAS, this chapter regulates evictions for certain tenancies, requires landlords to provide relocation assistance for certain no-fault evictions, prohibits retaliation and harassment, and provides for the implementation and enforcement of this chapter;
WHEREAS, the intent of this chapter is to incorporate the provisions of the California Government Code Sections 7060 through 7060.7, otherwise known as the Ellis Act;
WHEREAS, the intent of this chapter is to provide eviction protections the day a rental agreement becomes effective until the day the landlord-tenant relationship is terminated;
The City Council of the City of Antioch does ordain as follows:
TENANT EVICTION PROTECTIONS
Sections:
11-6.01 Purpose and applicability.
11-6.02 Definitions.
11-6.03 Exemptions
11-6.04 Termination of tenancy.
11-6.05 Right to Replace Departing Tenant
11-60.6 Relocation assistance.
11-6.07 Tenant buyout agreements.
11-6.08 Retaliatory eviction and harassment prohibited.
ATTACHMENT A
2 11-6.09 Notices to tenants.
11-6.10 Enforcement.
11-6.11 Remedies.
11-6.12 Waiver.
11-6.13 Severability.
11-6.01 Purpose and applicability.
A. The City Council finds that the just cause for termination of a residential tenancy requirements authorized by this chapter is consistent with California Civil Code section 1946.2.
B. The City Council further finds that the provisions of this chapter are “more protective” than the provisions of California Civil Code section 1946.2.
C. This chapter shall apply to any building or part of a building that is used for residence and that is rented to a tenant as a dwelling place, except those units exempted by Section 11-
6.03. D. This chapter regulates evictions for certain tenancies. It requires landlords to provide relocation assistance for certain no-fault evictions, prohibits retaliation and harassment, and provides for the implementation and enforcement of this chapter.
E. The intent of this chapter is to provide eviction protections starting the day a rental agreement becomes effective until the day the Landlord-Tenant relationship is terminated. 11-6.02 Definitions.
For the purposes of this chapter, unless the context requires otherwise, the following definitions shall apply:
“Buyout agreement” means a written agreement between a landlord and a tenant as provided in section 11-6.06 by which a tenant, typically in consideration for monetary payment, agrees to vacate a rental unit.
“Ellis Act” means California Government Code Sections 7060 through 7060.7. “Landlord’s family member” means a spouse, domestic partner, child, grandchild, parent, or grandparent of a landlord who is a natural person whose name is on the title of the property.
11-6.03 Exemptions
The following rental units are exempt from the restrictions and requirements of this chapter:
(A) Rental units by any hospital, skilled nursing facility, or health facility. (B) Rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the
ATTACHMENT A
3 housing at its inception and is licensed for such purposes where such license is required.
(C) Rental units in a nonprofit facility that provides a structured living environment with the primary purpose of helping homeless persons obtain skills necessary for independent living in permanent housing and where the occupancy is restricted to a limited and specific period of time and not more than 24 months, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception and is licensed for such purposes where such license is required.
(D)Rental units exempted from California Civil Code Part 4, Title 4, Chapter 2 by section 1940(b) (transient occupancy in hotels/motels), or successor statute, unless either the landlord offers for rent or rents the rental unit for a period of 30 days or more, or the landlord violates California Civil Code section 1940.1, or successor statute, to avoid tenancy status.
11-6.04 Termination of tenancy.
A. The landlord shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate. Just cause shall comprise of the following reasons for eviction:
(1) At-fault just cause, which is any of the following:
(a) Tenant’s failure to pay rent to the landlord.
(b) Tenant’s breach of a material term of the rental agreement, including, but not limited to, a violation of a provisions of the rental agreement after Landlord has notified tenant of the breach in writing and given Tenant 3 days to cure the breach. (c) Maintaining, committing, or permitting the maintenance or commission of a nuisance of as described by California Code of Civil Procedure section 1161(4), after the Landlord has notified the Tenant of the nuisance in writing and given Tenant 3 days to abate the nuisance.
(d) Committing waste as described by California Code of Civil Procedure section 1161(4).
(e) Tenant is criminally convicted of using or permitting a rental property to be used for any illegal purpose, including but not limited to any criminal violations of the California Health and Safety Code, California Penal Code, California Business and Professions Code, or any provisions of this Code.
(f) Tenant, Tenant’s agent, or any person directed by a Tenant, makes a criminal threat as defined by Cal. Penal Code section 422 that is directed at Landlord or any agent of Landlord
(g) Tenant has refused to execute a written extension or renewal of a rental agreement upon expiration of a prior rental agreement, after written request or demand
ATTACHMENT A
4 from the Landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written rental agreement, and is consistent with federal, state, and local laws. For the purposes of this subsection, the Landlord’s written request or demand must be received no later than 60 days before final day of tenancy of the prior rental agreement.
(h) Tenant continually refuses, after Landlord has provided a written request, to allow the landlord to enter the residential real property for the purpose of making necessary repairs or improvements in accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1. (i) Failure to vacate rental property when Tenant was employed by the landlord to serve as a resident manager or other employee, was provided with the rental unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any tenant whose tenancy in the building or complex housing the rental unit commenced prior to assuming managerial responsibilities or whose status as a tenant commenced prior to their status as a resident manager. (j) Tenant fails to timely deliver possession of the rental unit after: (1) providing the Landlord written notice as provided in Civil Code Section 1946 of the tenant’s intention to terminate a lease; or (2) making a written offer to surrender, that is accepted in writing by the Landlord, but the time specified in that written notice as described in Code of Civil Procedure Section 1161(5) has expired.
(k) Tenant has assigned or sublet the rental unit in violation of the rental agreement, as provided in California Code of Civil Procedure Section 1161(4), unless as provided for in Subsection 11-6.05.
(2) No-fault just cause, which can be any of the following:
(a) Landlord seeks in good faith to repossess rental unit to allow Landlord or Landlord’s family member to occupy the rental unit. The Landlord or Landlord’s family member must occupy the rental unit as their principle residence within 90 days and must continue to reside in the rental unit for at least two years, unless extenuating circumstance exist. Reliance on this subdivision for a no-fault just cause eviction shall be subject to the following:
(i) If the rental agreement was entered into on or after the effective date of this chapter, this subsection shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the rental agreement allows the Landlord to terminate the rental agreement if the Landlord, or Landlord’s family member, unilaterally decides to occupy the rental unit.
(ii) A Landlord must provide the tenant 60 days’ written notice when ordering for an eviction for the purpose of a Landlord or Landlord’s family member to occupy the unit pursuant to Cal. Civil Code section 1946.2. The same information must also be disclosed to the City.
ATTACHMENT A
5 (iii) The City may, in its own discretion, contact Landlord during the two- year occupancy time frame to confirm that the Landlord or Landlord’s family member continues to occupy the rental unit as their primary residence, or request written verification of residency.
(iv) If the Landlord or Landlord’s family member fails to move into the rental unit within 90 days or fails to reside at the unit for at least two years, the Tenant who was evicted from the rental unit is entitled to receive notice and right of first refusal for the unit at the same rental price previously charged plus any annual rent increases allowed under Chapter 11.
(v) A Landlord may not terminate a tenancy under this subsection if any of the following apply unless there is a showing that the incoming tenant or proposed incoming occupant is also meets one of the requirements outlined in the following subsections (A)-(C):
(A) Any Tenant in the rental unit has continuously and lawfully resided in the rental unit for at least five years, and a member of the Tenant’s household is either: elderly as defined by California Welfare and Institution Code section 15610, disabled, as defined by California Government Code section 12955.3 or handicapped as defined by California Health and Safety Code section 50072;
(B) Any Tenant in the rental unit is terminally ill as certified by a treating physician licensed to practice medicine in the State of California. (C) Any Tenant in the rental unit has continuously and lawfully resided in the rental unit for at least five years, and a member of the Tenant’s household is a low-income tenant as defined by California Health and Safety Code section 50079.5
(b) Landlord repossesses rental unit to demolish or substantially remodel the rental unit pursuant to the requirements of Cal. Civil Code section 1946.2(a)(2)(D)(ii). Landlord shall obtain all necessary permits and/or have gone through the process of hiring a contractor for work not requiring a permit prior to issuing Tenant an eviction notice pursuant to this subsection.
(i) The Tenant who was evicted from the rental unit is entitled to receive notice and right of first refusal for the unit at the same rental price previously charged plus any annual rent increases allowed under Chapter 11.
(c) Landlord seeks in good faith to repossess rental unit to comply with one of the following:
(i) an order issued by a government agency or court relating to habitability that requires vacating the rental unit
(ii) an order issued by a government agency or court to vacate the rental unit
ATTACHMENT A
6 (iii) an ordinance pursuant to this Code that requires vacating the rental unit. (d) Landlord seeks in good faith to recover possession of all rental units on a parcel of land to permanently withdraw the units from the rental market or for demolition so long as the withdrawal is permitted by the Ellis Act (Cal. Gov. Code section 7060 et seq.). The Landlord must have fulfilled all requirements of this Chapter and all regulations passed by the City initiating the procedure for withdrawing rental units from rent or lease, with the intention of completing the withdrawal process and going out of the rental business or demolishing the rental units. Tenants shall be entitled to a minimum of 120-days’ notice of termination of tenancy. If a tenant is at least 62 years of age or disabled, the notice period shall be one year if tenant has provided required notice of eligibility and has lived in the unit for at least one year. Notice times may be increased by regulation if state laws allows for additional time. The following shall apply to a unit where the landlord recovers possession pursuant to this Subsection.
(i) If the rental unit is offered again for rent or lease for residential purposes within two years of the date the rental unit was withdrawn from rent or lease, the following shall apply:
(A) The landlord of the rental unit shall be liable to any tenant who was displaced from the property by that action for actual and punitive damages. Any action by a tenant pursuant to this paragraph shall be brought within three years of the withdrawal of the rental unit from rent or lease. However, nothing in this paragraph precludes a tenant from pursuing any alternative remedy available under the law. (B) The City may institute a civil proceeding against the landlord or punitive damages for displacement of tenants. Any action pursuant to this paragraph shall be brought within three years of the withdrawal of the rental unit from rent or lease. (C) The landlord shall first offer the unit for rent or lease to the tenant displaced from that unit by the withdrawal pursuant to this Chapter, if the tenant has advised the landlord in writing within 30 days of the displacement of the tenant’s desire to consider an offer to renew the tenancy and has furnished the landlord with an address to which that offer is directed. That tenant or former tenant may advise the landlord at any time during the eligibility of a change of address to which the offer is to be directed. (D) If the tenant has advised the landlord of a desire to consider an offer to renew the tenancy, then the landlord shall offer to reinstate the rental agreement or lease on terms permitted by law to that displaced tenant. This offer shall be deposited in the United States mail, by registered or certified mail with postage prepaid, addressed to the displaced tenant at the address furnished to the landlord as provided in Subsection 11-
6.04(A)(2)(d), and shall describe the terms of the offer. The displaced tenant shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.
(ii) If the rental unit is offered again for rent or lease for residential purposes within five years of the date the rental unit was withdrawn from rent or lease, the rental unit
ATTACHMENT A
7 shall be offered and leased at the lawful rent in effect at the time any notice of intent to withdraw the rental unit is filed with the City, plus any lawful allowable rent increases. The provisions of this paragraph shall apply to all tenancies commenced during either of the following time periods:
(A) the five-year period after any notice of intent to withdraw the rental unit is filed with the City, whether or not the notice of intent is rescinded or the withdrawal of the rental unit is completed pursuant to the notice of intent.
(B) the five-year period after the rental unit is withdrawn This subsection shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate up initial hiring of the rental unit. (iii) A landlord who offers a rental unit again for rent or lease within 10 years from the date on which it is withdrawn shall first offer the unit to the tenant displaced from the unit by the withdrawal, if that tenant requests the offer in writing within 30 days after the landlord has notified the City of an intention to offer the rental unit again for residential rent or lease. The landlord of the rental unit shall be liable to any tenant who was displaced by that faction for failure to comply with this paragraph, for punitive damages in the amount which does not exceed the contract rent for six months, and the payment of which shall not be construed to extinguish the landlord’s obligation to comply with this Subsecgtion.
(iv) If the rental units are demolished, and new rental units are constructed on the same property, and offered for rent or lease within five years of the date the rental units were withdrawn from rent or lease, the newly constructed rental units shall be subject to the system of control established in this Chapter, at which time they would be offered at the rent that was paid at the time the prior tenancy was terminated under Subsection 11-
6.04(A)(2)(d), notwithstanding any exemption from the system of controls for newly constructed rental units.
(v) When a landlord withdraws rental units from rent or lease pursuant to Subsection 11-6.04(A)(2)(d), the requirements of Subsection 11-6.04(A)(2)(d) shall apply to all successors in interest. The City shall record a notice with the county recorder which shall specifically describe the real property where the rental is located, the dates applicable to the constraints and the name of the landlord of record of the real property. The notice shall be indexed in the grantor-grantee index. The City shall charge a fee for the processing of evictions pursuant to Subsection 11-6.04(A)(2)(d).
(vi) A landlord who seeks to demolish or withdraw a rental unit from the rental market under Subsection 11-6.04(A)(2)(d) must provide the City with a notice, that states under the penalty of perjury:
(A) the number of rental units withdrawn;
(B) the address or location of those rental units;
ATTACHMENT A
8 (C) the name or names of the tenants of the rental units; (D) the lawful rent applicable to each rental unit.
The name or names of the tenants, the rent applicable to any rental unit, and the total number of rental units, is confidential information and for purposes of this Chapter shall be treated as confidential information for purposes of the Information Practices Act of 1977 Chapter 1 (commencing with section 1798) of Title 1.8 of Part 4 of Division 3 of the California Civil Code).
(vii) The landlord must record with the county recorder a memorandum summarizing the provision, other than the confidential provisions, of the notice in a form which shall be prescribed by the City, and will require a certification with the notice that actions have been initiated as required by law to terminate any existing tenancies. (viii) The landlord must notify the City in writing of their intention to re-offer the rental unit for rent or lease.
(ix) The date on which the rental unit is withdrawn from rent or lease for purposes of this Chapter is 120 days from the delivery in person or by first-class mail of the notice of withdrawal to the City. However, if the tenant is at least 62 years of age or disabled, and has lived in the rental unit for at least one year prior to the date of delivery to the City of the notice of intent to withdraw, then the date of withdrawal of that tenant shall be extended one year after the date of delivery of that notice to the to the City, provided the tenant gives written notice of their entitlement to an extension to the landlord within 60 days of the date of delivery to the City of the notice to withdraw. (x) If a tenant notifies a landlord of their right to an extension pursuant to Subsection 11-6.04(A)(2)(d) in writing within 60 days of the City receiving the notice of intent to withdraw the rental unit, the following provisions shall apply:
(A) The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the City of the notice of intent to withdraw, subject to any adjustments otherwise available under this Chapter. (B) no party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
(C) The landlord may elect to extend the tenancy on any other rental unit within the rental property up to one year after the date of delivery to the City of the notice of intent to withdraw, subject to paragraphs (A) and (B). (D) Within 30 days of the notification by the tenant to the landlord of their entitlement to an extension, the landlord shall give written notice to the City of the claim that the tenant is entitled to stay in their rental unit for one year after the date of delivery to the City of the notice of intent to withdraw. (E) Within 90 days of the date of delivery to the City of the notice of intent to withdraw, the landlord shall give written notice of the landlord’s election to extend
ATTACHMENT A
9 tenancy under paragraph (x) and the revised date of withdrawal to the City and any tenant whose tenancy is extended.
(F) The date of withdrawal for the rental unit as a whole, for purposes of calculating any time-periods in this Chapter, shall be the latest termination date among all tenants within the rental unit, as stated in the notices required by paragraphs (A) and (B).
A landlord’s further voluntary extension of a tenancy beyond the date stated in the notices required by paragraphs (A) and (B) shall not extend the dates of withdrawal. (xi) The landlord must notify any tenant displaced pursuant to Subsection 11-
6.04(A)(2)(d) of the following:
(A) That the City has been notified pursuant to subsection Subsection 11-6.04(A)(2)(d).
(B) That the notice to the City specified the name and amount of rent paid by the tenant as an occupant of the rental unit.
(C) The amount of rent the landlord specified in the notice to the City. (D) Notice to the tenant of their rights under Subsection 11-
6.04(A)(2)(d).
(E) That if the tenant is at least 62 years of age or disabled, and has lived in their rental unit for at least one year prior to the date of delivery to the City of the notice of intent to withdraw, then tenancy shall be extended to one year after date of delivery to the City of the notice of intent to withdraw, provided that the tenant gives written notice of their entitlement to the landlord within 60 days of date of delivery to the City of the notices of intent to withdraw.
(F) That the extended tenancy shall be continued on the same terms and conditions as existed on date of delivery to the City of the notice of intent to withdraw, subject to any adjustment otherwise available under this the Chapter.
(G) That no party shall be relieved of the duty to perform any obligation under the lease or rental agreement during the extended tenancy.
(xii) Not later than the last day of the third and sixth calendar months following the month in which notices is given to the City, and thereafter not later than December not later than December 31 of each calendar year for a period of five years, beginning with the year in which the six-month notice is given, the landlord of any property which contains or formerly contained one or more rental units which a tenant or tenants vacated pursuant to Subsection 11-6.04(A)(2)(d) shall notify the City, in writing, under the penalty of perjury, for each such rental unit:
ATTACHMENT A
10 (A) Whether the unit has been demolished;
(B) If the unit has not been demolished, whether it is in use; (C) If it is in use, whether it is in residential use;
(D) If it is in residential use, the date the tenancy began, the name of the tenants, and the amount of rent charged.
If the rental unit has been demolished, and one or more new units constructed on the lot, the landlord shall furnish the information required by items (B), (C), (D)for each new unit.
The City shall maintain a record of notices received under this subsection for each rental unit withdrawn from the rental market pursuant to this Chapter. (xiii) The City shall notify each person who is reported as having become a tenant in a vacated or new rental unit subject to the reporting requirements of Subsection 11-
6.04(A)(2)(d) that it maintains the records described in Subsection 11-6.04(A)(2)(d) and that the rent of the rental unit may be restricted pursuant to Subsection 11-6.04(A)(2)(d). (xvi) The City shall maintain a register of al rental units withdrawn from rent or lease under Subsection 11-6.04(A)(2)(d) and the rent applicable to each unit at the time of withdrawal. The City shall inform tenants displaced from units withdrawn from rent or lease at the address provided by the tenant, when the landlord notifies the City that the rental unit or replacement unit will again be offered for rent or lease within ten years of the date of withdrawal.
(xv) The City may investigate whether a rental unit that was withdrawn from rent or lease has been again offered for rent or lease, and whether the landlord has complied with the provisions of Subsection 11-6.04(A)(2)(d).
B. When terminating a tenancy either for at-fault or no-fault just cause, unless otherwise provided by this Chapter, a landlord must comply with all of the following:
1. The Landlord must serve a written notice to the Tenant in accordance with California Civil Code Sections 1946 through 1946.5 that states the Landlord will terminate the tenancy, indicates at least one at-fault or no-fault just cause reason pursuant to for termination pursuant to this Chapter, and includes any other information required by federal or state law; and
2. The Landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the rental unit beyond the term of the terminated tenancy in compliance with California Civil Code Sections 1946 through 1946.5; and
3. The Landlord qualifies the termination as at-fault or no-fault, as specified in this section; and
4. If the termination is a no-fault termination, the Landlord has provided the Tenant with the notice of relocation assistance required by Chapter 11; and
ATTACHMENT A
11 5. The Landlord has submitted to the City, within five days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord’s written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant.
The Landlord shall maintain proof of service to the department as evidence that the Landlord has complied with this section.
11-6.05 Right to Replace Departing Tenant
When two or more Tenants enter into a rental agreement with a Landlord, and one of those tenants exits the rental agreement and vacates the rental unit for any reason, the remaining Tenant or Tenants shall have the right to replace the departing Tenant or Tenants on a one- for-one basis. A Landlord shall have the right to approve or deny the prospective replacement Tenant, provided the owner does not unreasonably withhold approval. The Landlord shall reply to any request to replace a departing Tenant in writing. Any denial of a request to replace a departing Tenant must contain a description of the reason or reasons for the denial. Failure to reply to a request to replace a departing Tenant shall be treated as an approval for the proposed replacement Tenant.
11-6.06 Relocation assistance.
A. Permanent Relocation Assistance.
(1) Tenants who are evicted from their rental unit pursuant to Subsection 11-6.04(A)(2) are entitled to relocation assistance from the Landlord in accordance with this section. The Landlord must provide written notice to the Tenant of the Tenant’s entitlement to permanent relocation assistance at the same time the Landlord serves a notice of termination of tenancy.
(a) The Landlord shall pay a relocation assistance amount equal to two times the Tenant’s monthly rent in effect when the Landlord served the notice to terminate the tenancy.
i. If any Tenant residing in the rental unit from which the Tenants are to be displaced includes a qualified tenant, then all Tenants living in the rental unit are collectively entitled to additional relocation assistance as follows:
A. The Landlord shall pay an additional relocation assistance amount equal to one times the Tenant’s monthly rent in effect when the Landlord served the notice to terminate the tenancy.
b. For purposes of this subsection, “qualified tenant” means any Tenant who:
i. Is elderly as defined by California Welfare and Institution Code section 15610, disabled, as defined by California Government Code section 12955.3 or handicapped as defined by California Health and Safety Code section 50072; ii. Has one or more dependent children under the age of 18, who is in the custody of the Tenant, residing in the rental unit;
ATTACHMENT A
12 iii. Meets the income limits for a “lower-income household” as defined in California Health and Safety Code Section 50079.5; or
iv. The Tenant shall notify landlord within 10 days of receiving the termination of tenancy notice, if any of the Tenants living in the rental unit from which the Tenants are to be displaced includes a qualified tenant, along with any reasonable proof of eligibility.
(c) Permanent relocation assistance payments must be paid directly to the tenant. (d) Landlords shall pay tenants moving expenses equal to the Uniform Relocation Assistance and Real Property Acquisition Polices Act – Residential Moving Expense and Dislocation Allowance Payment Schedule as published by Federal Highway Administration.
(e) Not withstanding this section, Tenants who are found to have caused the issue requiring eviction pursuant to Section 11.6-04(A) shall not be entitled to relocation assistance or moving expenses.
B. Temporary Relocation Assistance.
(1) A Landlord must provide temporary relocation assistance to Tenants of a rental unit who are temporarily displaced due to repairs, rehabilitation of a rental unit, health and safety violations, or other work or activities that will make the rental unit an untenantable dwelling, as defined in California Civil Code Section 1941.1, or will expose the tenant to toxic or hazardous materials, or that cannot otherwise be completed while the tenant remains in the rental unit, and for which said repairs will take less than 30 days. The following are acceptable forms of temporary relocation assistance:
(a) A per-diem payment. The amount of the payment shall be based on the Federal General Services Administration per-diem rate for lodging in the county of Contra Costa, which is updated on a yearly basis, unless otherwise agreed up by the Landlord and Tenant.
Per-diem payments shall be made on a pro-rata basis to the eligible Tenant household. (b) Where the Landlord owns other rental units in the City of Antioch and any such rental unit is vacant and available, and habitable, at the time of the written notice of the temporary relocation, the Landlord may notify the Tenant and allow the Tenant to reside in said rental unit during the pendency of the temporary relocation at the same terms as outlined in the original rental agreement entered into between the Tenant and Landlord. (c) Where the Landlord owns other rental units in the City of Antioch and any such rental unit is vacant, available, and habitable at the time of the written notice terminating tenancy, the Landlord may offer Tenant a new rental agreement for said rental unit at a rental price not exceeding the rental price in the original rental agreement between the Tenant and Landlord.
(d) The Landlord may provide Tenant with temporary hotel or motel accommodation. If relocation is to a hotel or motel, the Landlord must provide a hotel or
ATTACHMENT A
13 motel accommodation which is safe, sanitary, and, unless otherwise agreed upon by the Landlord and Tenant, within a reasonable distance of the Tenant’s rental unit. (e) The temporary displacement and relocation of a Tenant pursuant to this subsection shall not terminate the tenancy of the displaced Tenant. The displaced Tenant shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental unit to comply with housing, health, building or safety laws or any government order and the tenant shall retain all rights of tenancy that existed prior to the displacement.
(f) Nothing in this subsection shall be construed as authorizing a Landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law.
2. A Tenant cannot waive his or her right to receive relocation assistance required by this chapter.
3. Any action brought by a tenant for a violation of this section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this section.
11-6.07 Tenant buyout agreements.
A. At the time a proposed buyout agreement is provided, the Landlord shall provide each tenant in the rental unit a form written disclosure, published by the City form notice of in English and other frequently spoken languages, that shall include all of the following:
(1) A statement that the Tenant has a right not to enter into buyout negotiations or a buyout agreement;
(2) A statement that the Tenant may choose to consult with an attorney before entering into a buyout agreement;
(3) A statement that the Tenant may rescind the buyout agreement for up to 30 days after it is fully executed;
(4) A statement that the Tenant may contact the department for information about other buyout agreements in the Tenant’s neighborhood and other relevant information; (5) Any other information required by the department consistent with the purpose and provisions of this section; and
(6) A space for each Tenant to sign and write the date the Landlord provided the tenant with the disclosure.
B. The buyout agreement shall:
(1) Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the Landlord’s expense. The Landlord shall give each tenant a copy of the proposed buyout agreement at least 5 days before it is executed by the parties.
ATTACHMENT A
14 (2) Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the Tenant:
(a) “You may cancel this buyout agreement in writing at any time before the thirtieth (30th) day after all parties have signed this buyout agreement.” (b) “You have a right not to enter into a buyout agreement.” (c) “You may choose to consult with an attorney before signing this buyout agreement.”
C. A Tenant shall have the right to rescind a buyout agreement for up to 30 days after its execution by all parties. To rescind a buyout agreement, the Tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the Landlord indicating that the Tenant has rescinded the buyout agreement.
D. The Landlord shall provide the tenant a copy of the fully executed buyout agreement within 10 days of execution. Landlord shall also file with the City a copy of the executed buyout agreement, along with proof of service to the tenant of the disclosure notice as required in this section, within 10 days after the buyout agreement is executed by all parties. 11-6.08 Retaliatory eviction and harassment prohibited.
A. Any and all acts of retaliation pursuant to Chapter 4 of this title or acts of harassment pursuant to Chapter 5 of this title are prohibited.
B. Findings that the Landlord violated of this section shall result in the following:
(1) The Landlord’s eviction action being deemed void.
(2) Any other remedies allowed by Title 11 of this code and any other applicable state and federal laws.
11-6.09 Notices to tenants.
A. Landlords must provide to each Tenant, prior to or at the time of agreeing to rent or lease a rental unit, a notice of Tenant rights under this chapter. The City shall publish a form notice of tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances:
1. When entering into a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written rental agreement;
2. When renewing a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written renewal agreement.
B. If the rental agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of tenant rights in English and the language in which the rental agreement was negotiated or written, at the cost of the Landlord.
ATTACHMENT A
15 11-6.10 Enforcement.
A. Enforcement Authority. The City is authorized to take appropriate steps it deems necessary to administer and enforce this chapter.
B. The City Attorney, or designee, may develop and publish procedures and guidelines to aid in the implementation of this chapter.
11-6.11 Remedies and Penalties.
A. Criminal penalty. A violation of any provision of this chapter is punishable as an infraction or a misdemeanor. A misdemeanor conviction under this article shall be punished by not more than $1,000 for each offense or by imprisonment in the county jail for a period of not more than six months or both, as determined by the court.
B. Civil action. Any aggrieved person, or any person, organization, or entity who fairly and adequately represent the interest of an aggrieved tenant(s) under this chapter, or the city may institute civil proceedings as provided by law against any landlord violating any of the provisions of this article and any person who aids, facilitates, and/or incites another to violate the provisions of this article, regardless of whether the rental unit remains occupied or has been vacated due to harassment. The burden of proof in such cases shall be preponderance of the evidence.
C. Injunction/equitable relief. Any person who commits an act or engages in any pattern and practice that violates this chapter may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate. An action for injunction under this section may be brought by an aggrieved person, by the City Attorney, or by any person or entity who fairly or adequately represent the interests of the protected class.
D. Penalties and other monetary awards.
(1) Any person who violates, or aids or incites another person to violate, the provisions of this chapter is liable in a court action for each and every such offense for money damages of not less than three times actual damages suffered by an aggrieved tenant (including damages for mental or emotional distress), or for the minimum damages in the sum of $2,000, whichever is greater, or whatever other relief the court deems appropriate, and shall be liable for such attorneys' fees and costs as may be determined by the court. In the case of an award for damages for mental or emotional distress, said award shall be trebled only if the trier of fact finds that the landlord acted in knowing violation of or reckless disregard of this chapter.
(2) Any person who violates, or aids or incites another person to violate, this chapter shall be liable for an additional civil penalty of up to $5,000 for each offense committed against a person who is disabled within the meaning of Cal. Gov’t Code § 12926, et seq. or successor statute, or aged 65 or over. A tenant prevailing in court under this article may be awarded compensatory damages, rent refunds for reduction in housing services, tenant relocation costs, imposition of civil penalties up to $10,000 per violation depending upon the severity of the violation or history of violations of this chapter by the landlord, and other appropriate relief, as adjudged by the court.
ATTACHMENT A
16 (3) The court may also award punitive damages to any plaintiff, including the city, in a proper case as defined by Cal. Civil Code § 3294 or successor statute. The burden of proof for purposes of punitive damages shall be clear and convincing evidence. (4) A prevailing defendant in a civil action under this section shall be entitled to an award of attorneys' fees only if it is determined by the court that the action was devoid of merit and brought in bad faith.
E. Affirmative defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action.
F. Additional enforcement; nonexclusive remedies and penalties. This chapter may be enforced as provided in Chapter 2 of Title 1 of this code in addition to the remedies provided herein.
The remedies in this chapter shall be in addition to any other existing remedies which may be available.
11-6.12 Waiver.
Any waiver of rights under this chapter shall be void as contrary to public policy. 11-6.13 Severability.
If any provision of this chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this chapter are declared to be severable.
* * * * * * *
ATTACHMENT A
17 I HEREBY CERTIFYthat the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the 27thday of August 2024, and passed and adopted at a regular meeting thereof, held on the 10thday of September, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
LAMAR A. HERNANDEZ-THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
H
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: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Second Reading of Ordinance: Councilmember Compensation - Senate Bill 329 Increases the Compensation Limits for City Councilmembers
RECOMMENDED ACTION
It is recommended that the City Council adopt the ordinance increasing councilmember compensation to one thousand nine hundred dollars ($1,900) per month for a total of twenty-two thousand eight hundred dollars ($22,800) per year.
FISCAL IMPACT
If this ordinance is adopted City Council salaries as well as the salaries of the City Clerk and the City Treasurer, in accordance with the City’s municipal code (sections 2-1.701 and 2-1.702), would increase to one thousand nine hundred dollars ($1,900) per month for a total of twenty-two thousand eight hundred dollars ($22,800) per year. The effective date of the increase in salaries would be planned for December 10, 2024.
The current salaries of city council members, the City Clerk, and the City Treasurer are $1,600.04 for each elected official per month with a total monthly salary of $11,200.28 per month for all elected officials. If this ordinance is adopted, the increase in salary per elected official would be $299.96. The total monthly increase for all elected officials would be $2,099.72 (7 elected officials at $299.96 per elected official). Therefore, the fiscal impact of adopting this ordinance for the remainder of FY 2024-25 would be additional salary of $14,698.04 for all elected officials.
DISCUSSION
On June 29, 2023 Governor Newsom signed into law Senate Bill 329 (“SB 329”), which increases the compensation that councilmembers of general law cities may receive for their work.
1. Why Did the State of California Increase the Councilmember Compensation Limit? The State Legislature found and declared the following reasons for adopting Senate Bill 329 to increase the compensation limits for City Councilmembers:
Antioch City Council Report
September 10, 2024 Agenda Item H 2
(a) The compensation schedule for general law cities has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation. (b) Allowing cities to adjust their compensation for inflation since 1984 may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.
2. What is the Compensation Limit for the Antioch City Council? How is it determined?
Senate Bill 329 amends Government Code section 36516 to increase the maximum salaries identified in the schedule. The maximum salary per city is determined by each city’s population. The City of Antioch is included in the bracket cities over 75,000 up to and including 150,000 in population, which may compensate councilmembers up to and including one thousand nine hundred dollars ($1,900) per month totaling twenty-two thousand eight hundred dollars ($22,800) per year. 1
Senate Bill 329 also authorizes the salary of council members to be increased beyond the specified maximum to an amount not exceeding the greater of either 5% for each calendar year from the effective date of the last adjustment of the salary or an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index (not to exceed 10% per calendar year).
3. What is the Process for a City Council to Increase its Compensation? Government Code section 36516 authorizes a city council to enact an ordinance providing each member of the city council a salary, within a maximum limit based upon the population of the city in accordance with a specific schedule. Salary increases cannot exceed 5% for each calendar year from the operative date of the last adjustment of the salary that is in effect when the increase is enacted.
SB 329 requires the City Council to pass an ordinance increasing council member compensation. The City Council must consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the City Council.
At the first meeting, the City Council must present the proposed ordinance and it must include findings demonstrating the need for the increased compensation. At the second meeting, the City Council may consider whether to adopt the ordinance. A majority vote of the entire Antioch City Council is required. If the ordinance passes, it will become effective 30 days after the date of adoption.
SB 329 went into effect on January 1, 2024. In accordance with Government Code section 36516.5, any council salary increase takes effect when at least one member of the City Council commences a new term. Therefore, if the Antioch City Council adopts an ordinance concerning this matter and the ordinance becomes effective prior to the November 2024 election, the councilmember salary increases would become effective
1 Government Code 36516(a)(1)(D)
Antioch City Council Report
September 10, 2024 Agenda Item H 3
upon the commencement of new councilmember terms following the November 2024 election.
An ordinance cannot be enacted or amended to provide automatic future increases in salary. Any retirement, health and welfare, federal social security benefits, or reimbursement for actual and necessary expenses are not included for purposes of determining salary under section 36516.
4. City Council Direction to Staff
On June 11, 2024, City Council gave direction to staff to prepare an ordinance for consideration that would increase City Council salaries to the current limits established by Senate Bill 329.
ATTACHMENTS
A. Proposed Ordinance
ORDINANCE NO. 2024-C-S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH AMENDING SECTION 2-1.206 OF THE ANTIOCH MUNICIPAL CODE
RELATING TO COMPENSATION FOR CITY COUNCIL MEMBERS
WHEREAS, Government Code Section 36516 (§36516) establishes limits on the amount of compensation that city council members may receive for their service as elected officials;
WHEREAS, Senate Bill 329 (SB 329), signed into law by Governor Gavin Newsom on June 29, 2023, increases the maximum base tiers for city council salaries, based upon the population of a municipality, that may be approved by a city council by an ordinance or amendment thereto;
WHEREAS, the California Legislature passed SB 329 as acknowledgement of the important work of local governments, as well as the time and dedication that elected public service requires;
WHEREAS, in considering SB 329, the California Legislature found that city council compensation has not kept pace with inflation;
WHEREAS, the California Legislature determined that allowing cities to adjust their compensation for inflation may help city councils become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families; WHEREAS, in addition to establishing revised maximum base tiers for city council salaries, SB 329 continues to provide that salaries for council members may be increased by either by an amount not to exceed 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted, or by an amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index (CCPI), which shall not exceed 10 percent for each calendar year applied, whichever applied formula is greater; and
WHEREAS, the City Council of the City of Antioch (“City Council”) wishes to modify the salary compensation for all members of the City Council in accordance with the newly established maximum under SB 329.
The City Council of the City of Antioch does ordain as follows:
SECTION 1. Recitals. The above recitals are incorporated by reference as though set forth in full in this section.
SECTION 2. Amendment.Section 2-1.206 of the Antioch Municipal Code, “Council Member Salary; Operative Date”, shall now read as follows:
§ 2-1.206 COUNCIL MEMBER SALARY; OPERATIVE DATE.
Pursuant to Cal. Gov’t Code § 36516, the salary for each member of the City Council is hereby set at $1,900.00 per month. The provisions of this section shall become operative on December 10, 2024.
SECTION 3. CEQA. The adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which provides that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be determined that the proposed project will not have a significant adverse effect on the environment, the project is not subject to CEQA. This Ordinance increases the salary of City Council members, and does not propose nor authorize any action or specific project that would have the potential to cause a significant adverse effect on the environment.
SECTION 4. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
SECTION 5. Publication; Effective Date. This Ordinance shall take effect within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.
* * * * * * * I HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Antioch, held on the 27thday of August 2024, and passed and adopted at a regular meeting thereof, held on the 10thday of September 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
LAMAR A. HERNANDEZ-THORPE
MAYOR OF THE CITY OF ANTIOCH
ATTEST:
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT A
J
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: Desmond Bittner, Police Lieutenant
APPROVED BY:Brian Addington, Interim Chief of Police
SUBJECT: Award of Agreement to Navigating Preparedness Associates for Hazard Mitigation Plan Preparation
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Awarding the agreement to Navigating Preparedness Associates for Hazard Mitigation Plan Preparation beginning September 10, 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. Authorizing the Acting City Manager to execute the agreement in a form approved by the City Attorney.
FISCAL IMPACT
The FY 2024/25 General Fund Police Office of Emergency Management Budget includes funding in the amount of $75,000 for professional emergency management contracts. Funding for the remaining five (5) years of the agreement will be requested as part of the City’s biennial budget process.
DISCUSSION
The Federal Disaster Act of 2000 requires local governments to adopt a comprehensive Hazard Mitigation Plan (HMP) to receive full federal funding after a disaster. By law, a Hazard Mitigation Plan must describe the type, location, and extent of all natural hazards that can affect a jurisdiction; describe the jurisdiction’s vulnerability to these hazards; include a mitigation strategy that provides the jurisdiction’s blueprint for reducing the potential loses; and contain a plan maintenance process. The Disaster Mitigation Act of 2000 strongly encourages state and local authorities to work together on pre-disaster planning, and it promotes “sustainable hazard mitigation”, which includes sound management of natural resources, local economic and social resiliency, and the recognition that hazards, and mitigation must be understood in the largest Antioch City Council Report
September 10, 2024 Agenda Item#J 2
possible social and economic context. The Disaster Mitigation Act of 2000 called for an enhanced planning network to help local governments accurately assess mitigation needs to enable a faster allocation of funding for disaster assistance and cost-effective risk reduction projects.
State Assembly Bill (AB) 2140, which became effective on January 1, 2007, places limits on the amount of additional state funding to local jurisdictions for certain disaster recovery projects funded by the California Disaster Assistance Act (CDAA). Under AB 2140, unless the local jurisdiction has an approved Hazard Mitigation Plan and has incorporated that Hazard Mitigation Plan into the jurisdiction’s General Plan Safety Element, it might not be eligible to obtain additional funding from the state for certain disaster recovery projects. Although compliance with AB 2140 is optional, noncompliance limits the ability of the City to obtain additional disaster assistance recovery funding from the state.
The City was previously part of a five-year Contra Costa County multi-jurisdictional Hazard Mitigation Plan which is in the process of being updated. The City is not included in the updated Contra Costa County multi-jurisdictional plan and now required to adopt its own local Hazard Mitigation Plan.
On July 1, 2024, a request for proposals was solicited on the City’s website for Hazard Mitigation Plan Preparation consulting services. On August 1, 2024, seven (7) proposals were received. Staff reviewed and scored the proposals, and determined Navigating Preparedness Associates best met the needs and qualifications of the proposal. Staff recommends awarding the agreement to Navigating Preparedness Associates as described in the Draft Consulting Services/Professional Services Agreement attached hereto as Exhibit “1” to the Resolution.
ATTACHMENTS
A. Resolution
B. Proposal Evaluation
ATTACHMENT A
RESOLUTION NO. 2024/xxx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
AWARDING A CONSULTING SERVICES AGREEMENT FOR HAZARD MITIGATION
PLAN PREPARATION TO NAVIGATING PREPAREDNESS ASSOCIATES, LLC AND
AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, the Federal Disaster Mitigation Act of 2000 requires all cities, counties and special districts to adopt a Local Hazard Mitigation Plan to receive disaster mitigation funding from FEMA;
WHEREAS, having a qualified consultant prepare this plan and be available for ongoing assistance and annual updates ensures the protection of lives and property of City residents from the effects of natural or human caused disasters to which the City is subject and for which we must make efforts to mitigate, train and properly respond to;
WHEREAS, on July 1, 2024, a request for proposals was solicited on the City’s website for Hazard Mitigation Plan Preparation consulting services;
WHEREAS, on August 1, 2024, seven (7) proposals for Hazard Mitigation Plan Preparation consulting services were received;
WHEREAS, City staff reviewed and scored the proposals, and determined that Navigating Preparedness Associates, LLC best met the needs and qualifications of the proposal;
WHEREAS, Staff recommends awarding the agreement to Navigating Preparedness Associates, LLC. for Hazard Mitigation Plan Preparation as described in the Consulting Services Agreement attached hereto as Exhibit “1”; and
WHEREAS, the City Council has considered awarding 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 authorizing the Acting City Manager to execute the agreement.
RESOLUTION NO. 2024/***
September 10, 2024