ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Date: Tuesday, October 22, 2024
Time: 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 Bessie Marie Scott, 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- OCTOBER 22, 2024
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
7:01 P.M. ROLL CALL – REGULAR MEETING – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, and Mayor Hernandez-Thorpe [Council Member District 1 Torres-Walker and Mayor Pro Tem (District 4) Wilson – Absent]
OPENED MEETING AND MOMENT OF SILENCE IN MEMORY OF BETTY JANE
BOATMAN
PLEDGE OF ALLEGIANCE
1. INTRODUCTION OF NEW CITY EMPLOYEES, PROMOTIONS AND RETIREMENTS
2. PROCLAMATION
• In Honor of Most Holy Rosary Church
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the proclamation.
ANTIOCH CITY COUNCIL -2- OCTOBER 22, 2024
3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
➢ DOMESTIC VIOLENCE AWARENESS WALK – October 26, 2024
Antioch Community Center, 4703 Lone Tree Way, Antioch, CA
➢ DIA DE LOS MUERTOS – November 2, 2024
Nick Rodriguez Community Center, 213 F Street, Antioch, CA
➢ VETERAN’S DAY CELEBRATION AND PARADE – November 11, 2024 Antioch Marina, 5 Marina Plaza, Antioch, CA
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ CONTRA COSTA COUNTY MOSQUITO & VECTOR CONTROL BOARD
➢ PLANNING COMMISSION
➢ ANTIOCH POLICE OVERSIGHT COMMISSION
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
5. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 10, 2024 Approved, 3/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 24, 2024 Approved, 3/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR OCTOBER 8, 2024 Approved, 3/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
ANTIOCH CITY COUNCIL -3- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
D. APPROVAL OF COUNCIL WARRANTS
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. REJECTION OF CLAIM: STEPHAN FOBBS
Rejected, 3/0
Recommended Action: It is recommended that the City Council reject the claim submitted by Stephan Fobbs.
F. SECOND READING – ORDINANCE AMENDING SECTION 9 -5.3843 OF THE ANTIOCH
MUNICIPAL CODE REGARDING RESTRICTIONS ON THE SALE AND TRANSFER OF TOBACCO AND DRUG PARAPHERNALIA RETAILERS (LA2024 -0001) (Introduced on October 8, 2024)
Ord No. 2242-C-S adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the ordinance making text amendments to Section 9 -5.3843 of Article 38 (Land Use Regulations) of Chapter 5 (Zoning) of Title 9 (Planning and Zoning) of the Antioch Municipal Code Relating to Tobacco and Paraphernalia Retailers.
G. AWARD OF A CONSULTING SERVICES AGREEMENT TO SMARTWAVE TECHNOLOGIES LLC IN AN AMOUNT OF $130,000 FOR A FULLY INSTALLED, SERVICED, AND MANAGED WI-FI SYSTEM FOR THE CITY’S DOWNTOWN BUSINESS
DISTRICT
Reso No. 2024/147 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding of a consulting services agreement to SmartWave Technologies LLC for an amount not to exceed $130,000 for a downtown Wi -Fi system that will provide a fully installed, serviced, and managed Wi -Fi for the downtown business
district including all equipment, installation, configuration, testing and ongoing maintenance and support;
2) Authorizing the City Manager to execute the agreement in a form approved by the City Attorney; and
3) Authorizing the City Manager or designee to make the necessary budget amendment to the Fiscal Year 2024/25
American Rescue Plan Act Budget to appropriated $110,000 of (“ARPA”) funds for a downtown Wi -Fi project and has considered re -allocating $20,000 in A RPA funds from the EBRCS radio purchase to the Wi -Fi project for a total project installation cost budget of $130,000.
ANTIOCH CITY COUNCIL -4- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
H. SIXTH AMENDMENT IN THE AMOUNT OF $50,000 TO THE CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES WITH THE GUALCO GROUP, INC.
Reso No. 2024/148 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the sixth amendment to the Consulting Services Agreement with The Gualco Group, Inc. for continued support related to the Brackish Water Desalination Project in the amount of $50,000 for a total contract amount of $392,000 and extending the term of the agreement through December 31, 2025; and
2) Authorizing the City Manager to execute the sixth amendment to the Agreement in a form approved by the City Attorney.
I. PURCHASE OF A HOT MIX PAVING MACHINE UTILIZING A SOURCEWELL
COOPERATIVE PURCHASING AGREEMENT WITH HERRMANN EQUIPMENT IN THE AMOUNT OF $322,629
Reso No. 2024/149 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the replacement purchase of one (1) new 2024 Carlson CP100II Hot Mix Paving Machine u tilizing a
Sourcewell Cooperative Purchasing Agreement with Herrmann Equipment Contract #060122-ATE in the amount not to exceed $322,629; and
2) Authorizing the City Manager or designee to execute the Sourcewell agreement #060122 -ATE with Herrmann
Equipment in a form approved by the City Attorney.
J. COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH DISH WIRELESS L.L.C.
ON CITY-OWNED PROPERTY NEAR PREWETT RANCH DRIVE (APN 056-240-032) Reso No. 2024/150 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Communications Site Ground Lease Agreement with Dish Wireless L.L.C. on City-owned property near Prewett Ranch Drive (APN 056-240-032); and
2) Authorizing the City Manager or designee to execute the Communications Site Ground Lease Agreement in the form approved by the City Attorney.
ANTIOCH CITY COUNCIL -5- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
K. COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH DISH WIRELESS L.L.C.
ON CITY-OWNED PROPERTY NEAR QUESADA COURT (APN 075-232-006) Reso No. 2024/151 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Communications Site Ground Lease Agreement with Dish Wireless L.L.C. on City -owned property near
Quesada Court (APN 075-232-006); and
2) Authorizing the City Manager to execute the Communications Site Ground Lease Agreement in the form approved by the City Attorney.
L. COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH DISH WIRELESS L.L.C.
ON CITY-OWNED PROPERTY NEAR BANBURY WAY (APN 052-333-020) Reso No. 2024/152 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Communications Site Ground Lease Agreement with Dish Wireless L.L.C. on City -owned property near
Banbury Way (APN 052-333-020); and
2) Authorizing the City Manager to execute the Communications Site Ground Lease Agreement in the form approved by the City Attorney.
M. FIRST AMENDMENT TO TELECOMMUNICATION NETWORK LICENSE AND
ENCROACHMENT AGREEMENT WITH CROWN CASTLE FIBER LLC
Council motioned to postpone, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving a First Amendment to Telecommunication Network License and Encroachment Agreement with Crown Castle
Fiber LLC; and
2) Authorizing the City Manager to execute the First Amendment to Telecommunication Network License and Encroachment
Agreement in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -6- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
N. RENAMING GEOGRAPHICAL LOCATIONS OF “SQ _ COURT” IN COMPLIANCE WITH ASSEMBLY BILL 2022
Reso No. 2024/153 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the street name change from “Sq _ Court” to “Julpun Court” in compliance with Assembly Bill 2022.
PUBLIC HEARING
6. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION TO APPROVE A FIFTH
AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE EAST
CONTRA COSTA REGIONAL FEE AND FINANCING AUTHORITY AND APPROVE AND
ADOPT THE EAST CONTRA COSTA REGIONAL FEE PROGRAM UPDATE REPORT TO ADD THE 18 NEW PROJECTS INTO THE LIST OF PROJECTS TO BE FUNDED WITH RTDIM FEE REVENUES (P.W. 631)
Reso No. 2024/154 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution approving and authorizing the City Manager or designee to execute a Fifth Amendment to the Joint Exercise of Powers Agreement for the East Contra Costa Regional Fee and Financing Authority and approving and adopting the East Contra Costa Regional Fee Program 2024 Update Report to add the 18 new projects into the list of projects to be funded with RTDIM fee revenues, with no change to the RTDIM fee rates.
COUNCIL MEMBER BARBANICA REQUESTED TO MOVE THE MOTION TO ADJOURN AS THE NEXT ORDER OF BUSINESS; APPROVED, 3/0
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 8:53 p.m., 3/0
ANTIOCH CITY COUNCIL -7- OCTOBER 22, 2024
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 11/12/2024 COUNCIL MEETING]
COUNCIL REGULAR AGENDA
7. CITY COUNCIL REQUESTED DISCUSSION ITEM – POTENTIAL UPGRADES TO
ANTIOCH AMTRAK STATION
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.
8. RESPONSE TO GRAND JURY REPORT NO. 2405, “CHALLENGES FACING THE CITY OF ANTIOCH” ADDENDUM
Recommended Action: It is recommended that the City Council adopt a resolution approving an addendum to specific Findings and
Recommendations identified in the Grand Jury Noncompliance letters dated October 3, 2024 in response to the Findings and Recommendations resulting from the 2023 -2024 Contra Costa County Civi l Grand Jury report of June 12, 2024 entitled:
“Challenges Facing the City of Antioch” Addendum and authorize the Mayor to sign it.
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.
ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Date: Tuesday, October 22, 2024
Time: 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 Bessie Marie Scott, 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- OCTOBER 22, 2024
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. The Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessions often occurring before or after the regular meeting. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link: Notifications – City of Antioch, California (antiochca.gov) and enter your e-mail address to subscribe. To view the agenda information, click on the following link: City Council – City of Antioch, California (antiochca.gov) . Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the City Council on each agenda item. To address the Council, fill out a Speaker Request form and place in the Speaker Card Tray near the City Clerk before the meeting begins. This will enable us to call upon you to speak. Comments regarding matters not on this Agenda may be addressed during the "Public Comments" section. No one may speak more than once on an agenda item or during “Public Comments”. The Speaker Request forms are located at the entrance of the Council Chambers. Please see the Speaker Rules on the inside cover of this Agenda.
7:01 P.M. ROLL CALL – REGULAR MEETING – for Council Members – Council Members District 2 Barbanica, District 3 Ogorchock, and Mayor Hernandez-Thorpe [Council Member District 1 Torres-Walker and Mayor Pro Tem (District 4) Wilson – Absent]
OPENED MEETING AND MOMENT OF SILENCE IN MEMORY OF BETTY JANE
BOATMAN
PLEDGE OF ALLEGIANCE
1. INTRODUCTION OF NEW CITY EMPLOYEES, PROMOTIONS AND RETIREMENTS
2. PROCLAMATION
• In Honor of Most Holy Rosary Church
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the proclamation.
ANTIOCH CITY COUNCIL -2- OCTOBER 22, 2024
3. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
➢ DOMESTIC VIOLENCE AWARENESS WALK – October 26, 2024
Antioch Community Center, 4703 Lone Tree Way, Antioch, CA
➢ DIA DE LOS MUERTOS – November 2, 2024
Nick Rodriguez Community Center, 213 F Street, Antioch, CA
➢ VETERAN’S DAY CELEBRATION AND PARADE – November 11, 2024 Antioch Marina, 5 Marina Plaza, Antioch, CA
4. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ CONTRA COSTA COUNTY MOSQUITO & VECTOR CONTROL BOARD
➢ PLANNING COMMISSION
➢ ANTIOCH POLICE OVERSIGHT COMMISSION
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
5. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 10, 2024 Approved, 3/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 24, 2024 Approved, 3/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
C. APPROVAL OF COUNCIL MEETING MINUTES FOR OCTOBER 8, 2024 Approved, 3/0
Recommended Action: It is recommended that the City Council approve the Meeting Minutes.
ANTIOCH CITY COUNCIL -3- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
D. APPROVAL OF COUNCIL WARRANTS
Approved, 3/0
Recommended Action: It is recommended that the City Council approve the warrants.
E. REJECTION OF CLAIM: STEPHAN FOBBS
Rejected, 3/0
Recommended Action: It is recommended that the City Council reject the claim submitted by Stephan Fobbs.
F. SECOND READING – ORDINANCE AMENDING SECTION 9 -5.3843 OF THE ANTIOCH
MUNICIPAL CODE REGARDING RESTRICTIONS ON THE SALE AND TRANSFER OF TOBACCO AND DRUG PARAPHERNALIA RETAILERS (LA2024 -0001) (Introduced on October 8, 2024)
Ord No. 2242-C-S adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the ordinance making text amendments to Section 9 -5.3843 of Article 38 (Land Use Regulations) of Chapter 5 (Zoning) of Title 9 (Planning and Zoning) of the Antioch Municipal Code Relating to Tobacco and Paraphernalia Retailers.
G. AWARD OF A CONSULTING SERVICES AGREEMENT TO SMARTWAVE TECHNOLOGIES LLC IN AN AMOUNT OF $130,000 FOR A FULLY INSTALLED, SERVICED, AND MANAGED WI-FI SYSTEM FOR THE CITY’S DOWNTOWN BUSINESS
DISTRICT
Reso No. 2024/147 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Awarding of a consulting services agreement to SmartWave Technologies LLC for an amount not to exceed $130,000 for a downtown Wi -Fi system that will provide a fully installed, serviced, and managed Wi -Fi for the downtown business
district including all equipment, installation, configuration, testing and ongoing maintenance and support;
2) Authorizing the City Manager to execute the agreement in a form approved by the City Attorney; and
3) Authorizing the City Manager or designee to make the necessary budget amendment to the Fiscal Year 2024/25
American Rescue Plan Act Budget to appropriated $110,000 of (“ARPA”) funds for a downtown Wi -Fi project and has considered re -allocating $20,000 in A RPA funds from the EBRCS radio purchase to the Wi -Fi project for a total project installation cost budget of $130,000.
ANTIOCH CITY COUNCIL -4- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
H. SIXTH AMENDMENT IN THE AMOUNT OF $50,000 TO THE CONSULTING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES WITH THE GUALCO GROUP, INC.
Reso No. 2024/148 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the sixth amendment to the Consulting Services Agreement with The Gualco Group, Inc. for continued support related to the Brackish Water Desalination Project in the amount of $50,000 for a total contract amount of $392,000 and extending the term of the agreement through December 31, 2025; and
2) Authorizing the City Manager to execute the sixth amendment to the Agreement in a form approved by the City Attorney.
I. PURCHASE OF A HOT MIX PAVING MACHINE UTILIZING A SOURCEWELL
COOPERATIVE PURCHASING AGREEMENT WITH HERRMANN EQUIPMENT IN THE AMOUNT OF $322,629
Reso No. 2024/149 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the replacement purchase of one (1) new 2024 Carlson CP100II Hot Mix Paving Machine u tilizing a
Sourcewell Cooperative Purchasing Agreement with Herrmann Equipment Contract #060122-ATE in the amount not to exceed $322,629; and
2) Authorizing the City Manager or designee to execute the Sourcewell agreement #060122 -ATE with Herrmann
Equipment in a form approved by the City Attorney.
J. COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH DISH WIRELESS L.L.C.
ON CITY-OWNED PROPERTY NEAR PREWETT RANCH DRIVE (APN 056-240-032) Reso No. 2024/150 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Communications Site Ground Lease Agreement with Dish Wireless L.L.C. on City-owned property near Prewett Ranch Drive (APN 056-240-032); and
2) Authorizing the City Manager or designee to execute the Communications Site Ground Lease Agreement in the form approved by the City Attorney.
ANTIOCH CITY COUNCIL -5- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
K. COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH DISH WIRELESS L.L.C.
ON CITY-OWNED PROPERTY NEAR QUESADA COURT (APN 075-232-006) Reso No. 2024/151 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Communications Site Ground Lease Agreement with Dish Wireless L.L.C. on City -owned property near
Quesada Court (APN 075-232-006); and
2) Authorizing the City Manager to execute the Communications Site Ground Lease Agreement in the form approved by the City Attorney.
L. COMMUNICATIONS SITE GROUND LEASE AGREEMENT WITH DISH WIRELESS L.L.C.
ON CITY-OWNED PROPERTY NEAR BANBURY WAY (APN 052-333-020) Reso No. 2024/152 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving the Communications Site Ground Lease Agreement with Dish Wireless L.L.C. on City -owned property near
Banbury Way (APN 052-333-020); and
2) Authorizing the City Manager to execute the Communications Site Ground Lease Agreement in the form approved by the City Attorney.
M. FIRST AMENDMENT TO TELECOMMUNICATION NETWORK LICENSE AND
ENCROACHMENT AGREEMENT WITH CROWN CASTLE FIBER LLC
Council motioned to postpone, 3/0
Recommended Action: It is recommended that the City Council adopt the resolution:
1) Approving a First Amendment to Telecommunication Network License and Encroachment Agreement with Crown Castle
Fiber LLC; and
2) Authorizing the City Manager to execute the First Amendment to Telecommunication Network License and Encroachment
Agreement in a form approved by the City Attorney.
ANTIOCH CITY COUNCIL -6- OCTOBER 22, 2024
CONSENT CALENDAR – Continued
N. RENAMING GEOGRAPHICAL LOCATIONS OF “SQ _ COURT” IN COMPLIANCE WITH ASSEMBLY BILL 2022
Reso No. 2024/153 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the street name change from “Sq _ Court” to “Julpun Court” in compliance with Assembly Bill 2022.
PUBLIC HEARING
6. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION TO APPROVE A FIFTH
AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR THE EAST
CONTRA COSTA REGIONAL FEE AND FINANCING AUTHORITY AND APPROVE AND
ADOPT THE EAST CONTRA COSTA REGIONAL FEE PROGRAM UPDATE REPORT TO ADD THE 18 NEW PROJECTS INTO THE LIST OF PROJECTS TO BE FUNDED WITH RTDIM FEE REVENUES (P.W. 631)
Reso No. 2024/154 adopted, 3/0
Recommended Action: It is recommended that the City Council adopt a resolution approving and authorizing the City Manager or designee to execute a Fifth Amendment to the Joint Exercise of Powers Agreement for the East Contra Costa Regional Fee and Financing Authority and approving and adopting the East Contra Costa Regional Fee Program 2024 Update Report to add the 18 new projects into the list of projects to be funded with RTDIM fee revenues, with no change to the RTDIM fee rates.
COUNCIL MEMBER BARBANICA REQUESTED TO MOVE THE MOTION TO ADJOURN AS THE NEXT ORDER OF BUSINESS; APPROVED, 3/0
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 8:53 p.m., 3/0
ANTIOCH CITY COUNCIL -7- OCTOBER 22, 2024
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 11/12/2024 COUNCIL MEETING]
COUNCIL REGULAR AGENDA
7. CITY COUNCIL REQUESTED DISCUSSION ITEM – POTENTIAL UPGRADES TO
ANTIOCH AMTRAK STATION
Recommended Action: It is recommended that the City Council discuss and provide direction to City staff.
8. RESPONSE TO GRAND JURY REPORT NO. 2405, “CHALLENGES FACING THE CITY OF ANTIOCH” ADDENDUM
Recommended Action: It is recommended that the City Council adopt a resolution approving an addendum to specific Findings and
Recommendations identified in the Grand Jury Noncompliance letters dated October 3, 2024 in response to the Findings and Recommendations resulting from the 2023 -2024 Contra Costa County Civi l Grand Jury report of June 12, 2024 entitled:
“Challenges Facing the City of Antioch” Addendum and authorize the Mayor to sign it.
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.
STAFF REPORT
STAFF REPORT
STAFF REPORT
STAFF REPORT
#2
IN HONOR OF
MOST HOLY ROSARY CHURCH
WHEREAS, Most Holy Rosary Catholic Church became a parish in 1874. Father Patrick O’Callaghan, O.P. became the first pastor. The first church was a small wooden frame building that was built on land donated by Captain George W. Kimball. At the time there were approximately 100 Catholics in a town of 600;
WHEREAS, in March of 1905, construction of a new church on 7th Street was designed to seat 400 people, built of sandstone, brick and steel; and all work was performed by local residents.
All materials were manufactured in Antioch except for the steel trusses.
Dedication of this building occurred on June 3, 1906;
WHEREAS, the church held annual Fall Festivals and St. Patrick’s Day card parties raising money that would help purchase land for a much needed parochial school. In the Fall of 1954, the school opened with first, second and third grades. As the school grew, so did the parish;
WHEREAS, in 1963, Holy Rosary was approved to build a new church. The groundbreaking for the church on A Street was held in 1965. Father Patrick Condon, O.P. was the pastor as the building was constructed and because of the design of the roof, it was the tallest building in Antioch.
The current church opened July 17, 1966;
WHEREAS, Father Thomas Raftery, O.P. was appointed pastor in 1970 and within six months, the Spanish language Mass began with Father Felix Perdigon, O.P.;
WHEREAS, in 1975, the well-known and beloved Father Francisco Vicente, O.P. was appointed as pastor.
Father started many programs updating Holy Rosary to the guidelines of Vatican II proposed by Rome.
In the Spring of 1982, the Parish Center construction began with a gym, meeting rooms, and offices.
In 1983, the parish purchased the farm property that was between the rectory and Parish Center, which was turned into a large lawn area available for parishioners for social events and school activities;
WHEREAS, the Dominicans continued to be the administrators of Holy Rosary with Father Roberto Corral. O.P. as pastor until the Dominicans left the parish due to a shortage of priests in 2018. Father Ramiro Flores was appointed as the pastor by the bishop at that time; and
WHEREAS, Holy Rosary has continued to grow into a multi-cultural parish with about 2,000 families.
NOW, THEREFORE, I, LAMAR A. HERNANDEZ-THORPE, Mayor of the City of Antioch, hereby commemorate and congratulate the Most Holy Rosary Church’s 150th year anniversary and celebration of the significant contributions to the City of Antioch.
OCTOBER 22, 2024
__________________________________________
LAMAR A. HERNANDEZ-THORPE, Mayor
BOARD / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
Phone: (925) 779-7009 OFFICE OF THE CITY CLERK 200 H Street/P.O. Box 5007 [email protected] Antioch, CA. 94531-5007
hhttps://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, OCTOBER 25, 2024:
¾ CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD
o One (1) vacancy, expiring April 2026
DEADLINE DATE: FRIDAY, OCTOBER 25, 2024:
¾ PLANNING COMMISSION
o Two (2) vacancies, expiring October 2028
¾ ANTIOCH POLICE OVERSIGHT COMMISSION
o Two (2) vacancies, expiring November 202
To be considered for the vacancy position(s) listed above, plea se 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.,2FWREHU, 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, an d 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 Dist rict knowledgeably and effectiv ely. They serve without compensation for a term of two to four years and are highly ded icated to this community service.
Additional information regarding the responsibilities and dutie s are available online at www.contracostamosquito.com.
Qualifications:
To be eligible, you must be an Antioch resident and a Contra Co sta 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.
PLANNING COMMISSION
Two (2) )XOOWHUPYacancies, expiring October 2028
Deadline Date: By 5:00 p.m., October 25, 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, an d committees. Any interested resident is encouraged to apply.
Purpose:
The Planning Commission review and make recommendations to the City Council on the physical development of the City: all provisions of the General Plan, land use, and zoning as specified by the Zoning Code, and as set forth in the State Government Code and the California Environmental Quality Act (CEQA). The Commission als o reviews site plans, architectural design, signs, or other exterior design features of new and remodeled buildings.
Commission Seats:
x Seven (7) Commission Members, 4-year terms.
Meetings:
x Held every first and third Wednesday of every month at 6:30 p.m. in the City Council Chambers; or on other dates as needed.
Requirements:
x Must be a resident of the City of Antioch.
x Members are subject to The Brown Act open meeting law. x Commissioners are required to submit the Fair Political Practic es Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
x Commissioners are required to complete a 2-hour online AB1234 Ethics course within one year of their appointment.
x 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. Appl ications are available on the City’s website at:
https://bit.ly/COA-BC23, and at the City Clerk’s Office.
ANTIOCH POLICE OVERSIGHT COMMISSION
7ZR
)XOOWHUPYDFDQFLHVH[SLULQJ1RYHPEHU
Deadline Date: By 5:00 p.m., October 25, 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, an d committees. Any interested resident is encouraged to apply.
Purpose:
The Commission shall advise the City Council and Staff on the administration of the Antioch Police Department and public safety issues to ensure that the p olicies conform to national standards of constit utional policing. The Commission shall pro mote, encourage, and facilitate community participation and oversight by reviewing a nd recommending policies that are sensitive to the diverse needs of the residents, aimin g to inform the community of its rights and responsibilities on interactions with police officers. (Ordinance No. 2212-C-S, passed May 24, 2022).
Committee Seats:
x One (1) representative from each of the four (4) councilmembers voting districts of the City.
x One (1) representative of the Antioch faith-based community. x One (1) representative of the Antioch business community. x One (1) employee or student of the Antioch Unified School District.
Meetings:
x Twice per month, except in July and December, when meetings occur only once.
Requirements:
x Must be a resident of the City of Antioch.
x Not a spouse of, or a current /former City Employee /department-sw orn employee /sworn police officer /sworn police officer association representative. x Commissioners are required to submit the Fair Political Practic es Commission (FPPC) Form 700 (Statement of Economic Interests) upon assuming office, and every year thereafter.
x Commissioners are required to complete a 2-hour online AB1234 Ethics course within one year of their appointment.
x 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 September 10, 2024
7:00
P.M. Council Chambers
6:30 P.M. - CLOSED SESSION
Mayor Hernandez-Thorpe called the Closed Session to order at 6:30 P.M., and Acting City Clerk
Rosales called the roll.
Present: Council Members District 3 Ogorchock, Mayor Pro Tem (D istrict 4) Wilson and Mayor Hernandez-Thorpe
Absent: Council Members District 1 Torres-Walker (arrived at 6: 32 P.M.) and District 2
Barbanica
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: Kimberly Kirkland v. City of Antioch, Superior Court of California Contra Costa County (Case No. C23-01113).
PUBLIC COMMENTS – None
ADJOURN TO CLOSED SESSION
Mayor Hernandez-Thorpe adjourned to Closed Session at 6:31 P.M.
7:00 P.M. REGULAR MEETING
Mayor Hernandez-Thorpe called the meeting to order at 7:01 P.M., and Acting City Clerk Rosales
called the roll.
Present: Council/Agency Members District 1 Torres-Walker, Distr ict 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
A
10-22-24
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City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION , City Council approved a settlement in the amount of $55,000, by a 4-0 vote w ith Councilmember Barbanica absent.
COUNCIL REGULAR AGENDA – Continued from August 27, 2024, Council Meeting
1. 2023 ANNUAL MILITARY EQUIPMENT REPORT
Captain Vigil presented the staff report dated September 10, 20 24, recommending the City Council review and approve the 2023 Annual Military Equipment Report.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously approved the 2023 Annual Military Equipment Report.
2. RESPONSE TO GRAND JURY REPORT NO. 2405, “CHALLENGES FACING THE CITY OF ANTIOCH”
Acting City Manager Reed presented the staff report dated September 10, 2024, recommending the City Council adopt the resolution to approve the response t o the Grand Jury report:
“Challenges Facing the City of Antioch” and authorize the Mayor to sign it.
Leslie May agreed with the recommendations and urged Council to approve the response.
Councilmember Barbanica stated he would be abstaining from voting on this agenda item as he was preparing his personal response to the report.
Acting City Manager Reed reviewed the City of Antioch Response to Grand Jury Report No. 2405 (Attachment C Exhibit 1 to the staff report) and Council c onsensus provided staff with direction as to which responses to the Findings were supported.
Patricia Granados discussed community members’ failed attempts at being hired for positions within the City.
Devin Williams acknowledged the findings in the Grand Jury Report.
An unidentified speaker recommended the findings in the Grand J ury Report be displayed for the public this evening.
RESOLUTION NO. 2024/124
On motion by Councilmember Torres-Walker, seconded by Councilme mber Wilson the City Council adopted the resolution to approve the re sponse to the Grand Jury report : “Challenges Facing the City of Antioch” and authorize d the Mayor to sign it incorporating the following responses to the findings:
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F1. The City agrees with this finding. The City’s overall budget including general operations and capital improvements is $146 million.
F2. The City agrees with this finding
F3. The City agrees with this finding
F4. The City partially disagrees with the finding. The Antioch City Council has appointed five (5) city managers since December 2013, Hu man Resources Director, Ana Cortez, was delegated the authority and responsibilities of th e city manager position by a former city manager prior to him being placed on admin istrative leave. Ms. Cor tez 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.
F5. The City agrees with this finding
F6. The City disagrees with this finding
F7. The City disagrees with this finding. 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 cannabis businesses, social equity and ra cial justice, unsheltered people and the Rivertown/Downtown area
F8. The City agrees with this finding. As of February 15, 2024, the City-wide vacancy rate was 21% (Acting City Manager)
F9. The City agrees with this finding
F10. The City agrees with this finding
F11. The City agrees with this finding
F12. The City partially disagrees with this finding. 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 The City disagrees with this finding
F14. The City agrees with this finding
F15 The City agrees with this finding
The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Hernandez-Thorpe Noes: Ogorchock Abstain: Barbanica
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
Acting City Manager Reed presented the staff report dated September 10, 2024, recommending the City Council appoint a Voting Delegate and Alternate Delega t e f o r t h e 2 0 2 4 L e a g u e o f
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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.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously appointed Councilmember Torres-Walker as a Voting Delegate and Mayor Hernandez-Thorpe as an Alternate Delegate for the 2024 League o f California Cities Annual Conference and authorized the associated conference expenses fo r one participant in an amount not to exceed $2,238.
ON MOTION BY COUNCILMEMBER WILSON, SECONDED BY COUNCILMEMBER
BARBANICA THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEM #12, TO BE HEARD AS THE NEXT ORDER OF BUSINESS.
COUNCIL REGULAR AGENDA
12. CITY COUNCIL APPOINTMENT OF STANDBY CITY COUNCIL MEMBERS
Acting City Manager Reed presented the staff report dated September 10, 2024, recommending the City Council appoint the following nominees as standby city council members:
• Mayor Hernandez-Thorpe: 1) Filled; 2) Filled; 3) [open] • Council Member (District 1) To rres-Walker: 1) Filled; 2) Filled; 3) [open]
Councilmember Torres-Walker reported that one of her standby Co uncilmembers had been displaced from Antioch and she was nominating Raymond Rodrigues as her replacement.
Raymond Rodrigues introduced himself and expressed interest in serving as a standby Councilmember.
Mayor Hernandez-Thorpe reported that one of his standby Council members had moved out of the area and he was nominating Ricka Davis-Sheard as her replacement.
Ricka Davis-Sheard introduced herself and expressed interest in serving as a standby Councilmember.
On motion by Councilmember Torres-Walker, seconded by Councilme mber Wilson the City Council unanimously appointed Raymond Rodrigues as standby Coun cilmember for District 1 Councilmember Torres-Walker.
On motion by Mayor Hernandez-Thorpe, seconded by Councilmember Wilson the City Council unanimously appointed Ricka Davis-Sheard as standby Councilmemb er for Mayor Hernandez- Thorpe.
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4. PROCLAMATIONS
x 9/11 Day of Service and Remembrance, September 11, 2024 x In Honor of Hispanic Heritage Month, September 2024
A motion was made by Councilmember Ogorchock, seconded by Counc ilmember Wilson to approve the Proclamations.
Ralph Hernandez, Antioch resident, discussed the Independence o f Mexico and his family ’s contributions to the Hispanic community.
Teresa Lua and members of Rising Juntos thanked Council for hon oring Hispanic Heritage Month and requested interpretation services for Council meetings.
A vote taken on the previous motion to approve the proclamations passed unanimously.
5. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Acting Assistant City Manager Helfenberger announced the follow ing civic and community events:
¾ BIG TRUCK DAY – September 19, 2024, at the Antioch Community Center ¾ CALIFORNIA COASTAL CLEANUP DAY – September 21, 2024, at the Ant ioch Marina and Antioch Water Park
Youth Services Network Manager Cabral announced Antioch Council of Teens (ACT) meets at 4:00 P. M. every 2nd and 4th Wednesday at the Antioch Water Park.
Representatives from ACT announced the City was accepting appli cations for the YOCH and Mayor’s Apprenticeship programs. They also announced they were holding their Annual Coat and Food Drive. Contact information was provided.
6. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
Acting City Clerk Rosales announced the following Board and Commission openings.
¾ Contra Costa Mosquito and Vector Control Board
¾ Economic Development Commission
For more information and to apply, visit the City’s website.
PUBLIC COMMENTS
Raymond Rodriques expressed concern regarding criminal activity that occurred in the Sycamore area and suggested the City provide a mentorship program.
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Jaime Landeros, Antioch resident, expressed safety concerns rel ated to a homeless encampment in his neighborhood.
Ralph Hernandez, Antioch resident, requested Council take a stand against illegal immigration.
Linnette Kidd and Kimberly Kidd-Bailey discussed their family member’s bicycle fatality and urged the City to respond to their requests for information on the case. Also discussed were remarks made about elected officials on social media.
Erika Raulston expressed safety concerns related to illegal activity and a homeless encampment in her neighborhood. She also discussed remarks made on social media.
Leslie May discussed actions she had taken that involved a former City Manager.
Tachina Garrett, ACCE Antioch, discussed their efforts to keep the Antioch Amtrak Station open and invited the community to attend the Antioch Whistle Stop Tour and Celebration at 3:00 P.M.
on September 14, 2024, at the Amtrak Station. She announced on September 20, 2024, they would be riding the train from Antioch to Martinez to speak to the San Joaquin JPA.
Gavin Payton, East County NAACP Youth, announced their banquet would be held at 4:00 P.M.
on October 28, 2024, in Concord and he thanked everyone who attended last year’s event. He discussed comments he made at a previous Council meeting and ap ologized if they appeared aggressive.
Mike Korin requested a meeting with the City regarding criminal activity occurring at “L” Street and Sycamore.
Devin Williams discussed the election process and accomplishments of the current City Council.
Frank Sterling expressed concern regarding comments made on social media, spoke in support of a Cease Fire Resolution and invited the community to attend a candidate’s forum.
Teki encouraged residents to attend a Community Forum from 6:30 P.M. – 8:30 P.M. on
September 13, 2024, at Delta Bay Community.
Nicole Arrington discussed the City’s unhoused outreach efforts.
Patricia Granados expressed concern for a previous public comment regarding immigrants and recognized their contributions to the community.
An unidentified speaker expressed concern for businesses closed after school in the Deer Valley Plaza Shopping Center. He questioned why EV charging stations that were funded by a subsidized program were charging more than stations in other communities.
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CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker announced the Cannabis Standing Committee would be meeting at 2:00
P.M. on September 20, 2024. She discussed the importance of open communication with people who had experienced incidents in the City. She recognized the Bay Miwok people. She spoke in support of a fair and equitable immigration system as well as a ceasefire resolution.
She thanked the NAACP Youth Council for their advocacy efforts. She discussed the importance of supporting youth in the community and residents in the Sycamore corridor.
The City Council recognized Gavin Payton and encouraged him to continue advocating on behalf of the NAACP Youth Council.
Councilmember Wilson announced Delta Diablo, Tri Delta and the Cannabis Standing Committee would be meeting soon.
MAYOR’S COMMENTS
Mayor Hernandez-Thorpe encouraged everyone to respect one another’s experiences. He reported on his attendance at the CCTA meeting and announced Tr i Delta would be meeting soon. He discussed efforts to keep the Amtrak station open and he thanked Acting City Manager Reed for facilitating a meeting with the San Joaquin JPA. He st ated he would be bringing a proposal to the JPA to keep the Amtrak Station opened and he wo uld then bring the proposal back to the City Council for consideration. He recognized ACCE for their advocacy work and thanked everyone for participating in tonight’s meeting. He commented that Council would continue to work together on the interests of the people.
An unidentified speaker spoke in support of keeping the Amtrak station open in Antioch. He questioned the process for Council addressing citywide concerns with partner agencies.
7. PRESENTATION - BUILD Internship Presentation
Youth Services Network Manager Cabral introduced Marin and Kevi n who gave a BUILD Internship PowerPoint Presentation.
The Council thanked the BUILD Internship participants for the presentation.
Mayor Hernandez-Thorpe requested Acting City Manager Reed work with staff to integrate some of the items from the presentation into the new building design.
Councilmember Torres-Walker requested the Board of Supervisors provide the City with funding to increase youth services.
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8. CONSENT CALENDAR for City /City Council Members acting as Ho using Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 13, 2024
B. APPROVAL OF COUNCIL MEETING MINUTES FOR AUGUST 27, 2024
C. APPROVAL OF COUNCIL WARRANTS
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
E. APPROVAL OF TREASURER’S REPORT FOR MAY 2024
F. APPROVAL OF TREASURER’S REPORT FOR JUNE 2024
G. ORDINANCE NO. 2240-C-S SECOND READING: ORDINANCE ADDING CHAPTER 6 TO TITLE 11 (JUST CAUSE EVICTION ORDINANCE) (Introduced on August 27, 2024)
H. ORDINANCE NO. 2241-C-S SECOND READING OF ORDINANCE: COUNCIL MEMBER COMPENSATION – SENATE BILL 329 INCREASES THE COMPENSATION LIMITS FOR CITY COUNCILMEMBERS (Introduced on August 27, 2024)
I. RESOLUTION NO. 2024/125 AWARD OF PROPOSAL NO. 946-0701-24G FOR
LOCKBOX SERVICES
J. RESOLUTION NO. 2024/126 AWARD OF AGREEMENT TO NAVIGATING
PREPAREDNESS ASSOCIATES FOR HAZARD MITIGATION PLAN PREPARATION
K. RESOLUTION NO. 2024/127 AMENDMENT TO THE CONSTRUCTION AGREEMENT WITH CONSOLIDATED ENGINEERING INC. FOR THE NEIGHBORHOOD TRAFFIC CALMING PROJECT (P.W. 282-19A)
L. RESOLUTION NO. 2024/128 UNHOUSED RESIDENTS’ SERVICES – AMENDMENT NO. 1 TO SUPPORTIVE SERVICES AGREEMENT WITH BAY AREA COMMUNITY
SERVICES
M. RESOLUTION NO. 2024/129 AND RESOLUTION NO. 2024/130 TO CHANGE
AUTHORIZED SIGNATORY TO SUBMIT ANNUAL APPLICATION FOR PERMANENT
LOCAL HOUSING ALLOCATION (PLHA) FUNDING
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exception of Items G, H, L and M which were removed for further discussion.
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Item G – Shagoofa Khan, Monument Impact, Rocio Arambura, Rising Juntos, Deborah Polk, Rising Juntos, Rev Millie Philli ps, Faith Alliance for a Moral Economy, Dr. Kimberly Payton, Addison Peterson, Devin Williams and Nicole Addington spoke in support of Council adopting the Just Cause Eviction Ordinance.
Councilmember Torres-Walker thanked the stakeholders who contri buted to creating an ordinance that was supported by all parties.
Mayor Hernandez-Thorpe announced there would be an Ordinance signing and Key to the City Ceremony on October 2, 2024. He invited Councilmembers to submi t names to take under consideration to be awarded Keys to the City.
On motion by Councilmember Torres-Walker, seconded by Councilme mber Barbanica the City Council unanimously approved Item G.
Item H – Councilmember Ogorchock announced she pulled this item because she was voting against the Ordinance.
Councilmember Barbanica clarified that this Ordinance would not take effect until the next Council was seated and he felt it was important to support smal ler incremental increases to prevent substantial increases in the future.
On motion by Councilmember Barbanica, seconded by Councilmember Wilson the City Council approved Item H. The motion carried the following vote:
Ayes: Torres-Walker, Barbanica, Wilson, Hernandez-Thorpe Noes: Ogorchock
Item L – An unidentified speaker expressed concern that the fiscal impa ct was excluded from the agenda packet and data had not been provided for the deliverables.
City Attorney Smith stated that the motion needed to include the amount of $818,771.24.
Councilmember Ogorchock requested the original contract terms be provided.
A motion was made by Councilmember Barbanica, seconded by Councilmember Torres-Walker to table Item L.
In response to Council, representatives from BACS gave an overv iew of their services and the request for additional funding.
Following discussion, Council agreed to take action on this ite m this evening in order to meet ARPA funding deadlines.
Councilmember Barbanica withdrew his previous motion.
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On motion by Councilmember Wilson, seconded by Councilmember To rres-Walker the City Council unanimously approved Item L in the amount of $818,771.24.
Item M – An unidentified speaker discussed PLHA program opportunities and the importance of addressing the housing needs of Antioch’s unhoused.
In response to Councilmember Ogorchock, Acting City Manager Ree d explained that the amendment request pertained to changing the authorized signatory from a specific name to the title of City Manager or Acting City Manager.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously adopted the resolution rescinding Resolution No. 2020/110.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously adopted the resolution authorizing the City Manager or acting City Manager to execute the Permanent Local Housing Allocation Program Applicat ion, the Permanent Local Housing Allocation Standard Agreement and any subsequent amendment or modifications.
Councilmember Ogorchock requested a PLHA discussion as a future agenda item.
PUBLIC HEARING / CITY OF ANTIOCH COUNCIL MEMBERS ACTING AS HOUS ING
SUCCESSOR TO THE ANTIOCH DEVELOPMENT AGENCY
9. PUBLIC HEARING TO REVIEW THE FISCAL YEAR 2023-24 CONSOLIDATE D
ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOUSING SUCCESSOR, AND
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) FUNDS
CDBG/Housing Consultant House announced there was a error in the accomplishment number for the CORE Outreach Team by Contra Costa County Health Servic es on page 2 of the staff report and the final number was 1789 unduplicated contacts. Sh e presented the staff report dated September 10, 2024, recommending the City Council receive and consider public comment on the Fiscal Year 2023-24 CAPER year-end report, detai ling achievements of programs funded with CDBG, Housing Successor and PLHA funds for housing, homeless, and community services to improve t he quality of life of lower inco me Antioch residents and neighborhoods.
Mayor Thorpe opened the public hearing.
An unidentified speaker requested staff clarify the criteria for those who qualified for Shelter Inc. and encouraged community engagement for PLHA funding.
Mayor Thorpe closed the public hearing.
In response to Councilmember Ogorchock, CDBG/Housing Consultant House confirmed that unused allocations go back into the pool of funds.
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On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously received and filed the report.
A motion was made by Councilmember Barbanica, seconded by Councilmember Ogorchock to adjourn the meeting.
Following discussion, Councilmember Barbanica withdrew the previous motion.
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
Acting Director of Public Works/City Engineer Buenting introduc ed Consultant Pavletic who presented the staff report dated September 10, 2024, recommendi ng the City Council adopt a resolution setting a Public Hearing on proposed Water Service C harge adjustments and authorize the distribution of Proposition 218 notices addressin g proposed adjustments and notifying owners of the public hearing on this issue.
RESOLUTION NO. 2024/131
On motion by Councilmember Wilson, seconded by Councilmember To rres-Walker the City Council adopted a resolution setting a Public Hearing on propos ed Water Service Charge adjustments and authorized the distribution of Proposition 218 notices addressing proposed adjustments and notifying owners of the public hearing on this issue. The motion carried the following vote:
Ayes: Barbanica, Torres-Walker, Ogorchock, Wilson Noes: Hernandez-Thorpe
Councilmembers Barbanica and Ogorchock left the meeting at 11:00 P.M., following the vote on
Regular Agenda Item #10.
13. RESOLUTION FOR APPROVAL OF CANNABIS OPERATING AGREEMENT FOR 2615 SOMERSVILLE RD LLC DBA FLAVORS ANTIOCH
Assistant City Attorney Kundinger presented the staff report da ted September 10, 2024, recommending the City Council: 1) Adopt a resolution approving a cannabis operating agreement between the City and 2615 Somersville Rd LLC dba Flav ors Antioch (“Flavors Antioch”); and 2) Authorize the Acting City Manager to execute the agreement in a form approved by the City Attorney.
RESOLUTION NO. 2024/132
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
September 10, 2024 Page 12 of 12
On motion by Councilmember Wilson, seconded by Councilmember To rres-Walker the City Council members present unanimously 1) Adopted a resolution approving a cannabis operating agreement between the City and 2615 Somersville Rd LLC dba Flav ors Antioch (“Flavors Antioch”); and 2) Authorize d the Acting City Manager to execute the agreement in a form approved by the City Attorney.
The Council recessed at 11:02
P.M. T h e m e e t i n g r e c o n v e n e d a t 1 1 : 0 3 P.M. w i t h a l l Councilmembers present with the exception of Councilmembers Barbanica and Ogorchock who were absent.
ADJOURNMENT
On motion by Councilmember Torres-Walker, seconded by Councilme mber Wilson the City Council members present unanimously adjourned the meeting at 11:03 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
[THE FOLLOWING COUNCIL MEETING AGENDA ITEMS WILL BE MOVED TO THE 09/24/2024 COUNCIL MEETING TO BE HEARD]
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
14. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON REVISIONS TO
OVERNIGHT/CAMPING ORDINANCE
15. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON ADOPTING
COMMUNITY POLICING RESOLUTION
PUBLIC COMMENT
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS SUCCESSOR AGENCY
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting September 24, 2024
7:00
P.M. Council Chambers
7:00 P.M. REGULAR MEETING
Mayor Hernandez-Thorpe called the meeting to order at 7:00 P.M., and City Clerk Householder
called the roll.
Present: Council/Agency Members District 1 Torres-Walker, Distr ict 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.
ON MOTION BY COUNCILMEMBER TORRES-WALKER, SECONDED BY
COUNCILMEMBER WILSON, THE CITY COUNCIL UNANIMOUSLY SUSPENDED TH E RULES AND MOVED AGENDA ITEM #4 INTRODUCTION OF NEW CITY EMPLOYEES AND PUBLIC COMMENTS AS THE NEXT ORDER OF BUSINESS.
4. INTRODUCTION OF NEW CITY EMPLOYEES
Finance Director Merchant introduced Dulce Sandoval, Customer S ervice Representative who thanked Finance Director Merchant for the introduction and stated she looked forward to working in Antioch.
Interim Police Chief Addington introduced Alex Gutierrez, Joseph Amiri, and Michael Roy, Police Officers and Luis Candelario, Community Service Officer who tha nked Interim Police Chief Addington for the introduction and stated they looked forward to serving the citizens of Antioch.
Interim Police Chief Addington administered the Oath of Honor t o the new police department employees.
PUBLIC COMMENTS
Mayor Hernandez-Thorpe discussed public safety challenges occur ring in District 1 and stated he was committed to providing the Antioch Police Department (AP D) with the resources necessary to address the issues.
Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to two-minutes.
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ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY
Regular Meeting
September 24, 2024 Page 2 of 6
Pastor Vickia Brinkley, True Faith Baptist Church, Pastor Shant ell Owens, Genesis Church, Catherine Watts, Genesis Church, Marc King, Genesis Church, Josefina Perez, Iglesia Cristiana El Buen Pastor, Pastor Ed Harris, Clergy / NAACP Acape Fellowsh ip AME Zion Church, David Nichols, Erika Raulston, Leslie May, Pastor Damon Owens, Genesis Church, Odessa Lafrancois President of East Contra Costa County NAACP, Krystle Brooks, Re v Versel Milton, Genesis Church, Velma Wilson, Nicole Arrington, Mike, Miguel Baltierr a, Sycamore Square Shopping Center, Kathryn Wade, Pastor Navelle Rufes, The Fathers Fellowship Church, Devin W., Bishop Jason Wright, Transformation Church, Felicia Wilson, Goden Chauman, Ray Rodriguez, Patricia Granados, Eddie Gums, Gavin Payton, East County NAACP Youth Cou ncil, Mary Lutz and an unidentified speaker discussed public safety concerns in Distri ct 1. Several speakers offered potential solutions for addressing these concerns and many offe red to participate in the City ’s efforts to advance solutions.
Kimberly Kidd-Bailey expressed concern regarding conflicting in formation she received pertaining to a bicycle fatality involving a family member. She also discussed employee separations at the APD.
Ricka Davis-Sheard discussed homelessness and encouraged the co mmunity to be compassionate.
Algrerine Clayton reported she had been the victim of personal attacks and events that had damaged her property.
An unidentified speaker discussed his efforts to bring Project Homekey and affordable housing projects to Antioch.
Teki Flow acknowledged the community strike on Wilbur Avenue an d discussed pedestrian safety concerns in her neighborhood. She thanked the City Coun cil for their hard work and suggested Council address public safety concerns.
Public comment submitted in writing was entered into the record from the following individual:
Rick Kimble Director, Public Affairs and Communications / Georgia Pacific.
ON MOTION BY COUNCILMEMBER TORRES-WALKER, SECONDED BY
COUNCILMEMBER WILSON, THE CITY COUNCIL UNANIMOUSLY SUSPENDED TH E
RULES AND MOVED CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS A ND MAYOR’S COMMENTS AS THE NEXT ORDER OF BUSINESS.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Barbanica thanked the speakers for their public comments. He reported Council was in contact with Antioch Police Department each day regarding updates of events occurring in the community. He offered suggestions for addressing public safety issues in District 1.
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY
Regular Meeting
September 24, 2024 Page 3 of 6
Councilmember Ogorchock thanked the speakers for their public comments and suggested the community work with APD. She offered suggestions for improving public safety in District 1.
Councilmember Wilson thanked the speakers for their public comments and offered suggestions for improving public safety in District 1. She suggested the City’s pursue funding for youth and safety programming in Antioch.
Councilmember Torres-Walker thanked those responsible for hosting a call on Sunday night and the speakers for their public comments. She gave a history of efforts to address gun violence prevention and discussed the importance of advocating for funds to address the issues. She recognized APD for providing resources and the outside agencies and stakeholders who offered to assist. She discussed the importance of the City advancing a different approach to public safety.
MAYOR’S COMMENTS
Mayor Hernandez-Thorpe thanked the speakers for their public co mments and those who volunteered their time. He clarified challenges associated with some of the public’s suggestions.
He gave a history of the City’s efforts to address homelessness and community violence. He announced he would be holding a press conference on September 2 5, 2024, to update the community on efforts the City was taking to address public safety matters.
ON MOTION BY COUNCILMEMBER TORRES-WALKER, SECONDED BY MAYOR
HERNANDEZ-THORPE THE CITY COUNC IL UNANIMOUSLY SUSPENDED THE RUL ES AND MOVED AGENDA ITEMS #5, 6 and 7 AS THE NEXT ORDER OF BUSINESS.
Mayor Hernandez-Thorpe declared a recess at 8:57
P.M. The meeting reconvened at 9:11 P.M.
with all Councilmembers present.
5. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Director of Parks and Recreation Helfenberger announced the fol lowing civic and community events.
¾ Rhythms by the River – 1:00
P.M. – 7:00 P.M. on September 28, 2024, at Antioch Rivertown ¾ Arts & Rec Exhibit – 10:00 A.M. – 1:00 P.M. on October 5, 2024, at Nick Rodriguez Center
An unidentified speaker announced a Just Cause policy signing e vent would be held at 11:00 A.M. on October 2, 2024, at Antioch City Hall.
Mayor Hernandez-Thorpe announced he would be hosting a meet and greet with the new City Manager at 11:00
A.M. on October 3, 2024, at Antioch City Hall.
6. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY
Regular Meeting
September 24, 2024 Page 4 of 6
City Clerk Householder announced the following Board and Commission openings.
¾ Contra Costa Mosquito and Vector Control Board
¾ Economic Development Commission
¾ Planning Commission
For more information and to apply, visit the City’s website.
7. CONSENT CALENDAR for City /City Council Members acting as Su ccessor Agency to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 10, 2024
B. APPROVAL OF COUNCIL WARRANTS
C. REJECTION OF CLAIM: CASSANDRA ROMO
D. RESOLUTION NO. 2024/133 AND SA RESOLUTION NO, 2024/42 CONFLICT OF
INTEREST CODE FOR THE CITY OF ANTIOCH AND SUCCESSOR AGENCY TO THE
ANTIOCH DEVELOPMENT AGENCY OF THE CITY OF ANTIOCH
E. RESOLUTION NO. 2024/134 ACCEPTANCE OF WORK AND NOTICE OF COMPLETION FOR THE NEIGHBORHOOD TRAFFIC CALMING PROJECT (P.W. 282-19A)
F. RESOLUTION NO. 2024/135 RATIFICATION OF THE AZTECA SYSTEMS, LLC AGREEMENT APPROVING A TERM FROM JUNE 30, 2021, TO JUNE 29, 2025, AND A TOTAL NOT TO EXCEED AMOUNT OF $310,250
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar with the exce ption of Item D, which was removed for further discussion.
Item D – In response to Councilmember Ogorchock, City Attorney Smith confirmed that the City had not deleted any of the titles so the following box on the 2 024 Local Agency Biennial Notice should be unchecked, “Delete titles of positions…..”.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously approved Item D with the following amendment:
¾ 2024 Local Agency Biennial Notice - uncheck the box - “Delete titles of positions that have been abolished and/or positions that no longer make or particip ate in making governmental decisions.”
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY
Regular Meeting
September 24, 2024 Page 5 of 6
Speaking to the following motion and in response to Councilmemb er Ogorchock, Councilmember Torres-Walker and Mayor Hernandez-Thorpe stated t hat they wanted to move some items to the next meeting because they were not prepared to discuss them this evening.
ON MOTION BY COUNCILMEMBER TORRES-WALKER, SECONDED BY
COUNCILMEMBER BARBANICA, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED AGENDA ITEMS #1, 2, 3 AND 8 TO THE OCTOBER 8, 2 024, CITY COUNCIL MEETING.
COUNCIL REGULAR AGENDA – Continued from September 10, 2024, Council Meeting
1. AMENDMENT OF EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS
AND INCENTIVE PROGRAM FOR PEACE OFFICERS, ADDITION OF INCENTIVE
PROGRAM FOR DISPATCHERS
2. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON REVISIONS TO
OVERNIGHT/CAMPING ORDINANCE
3. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON ADOPTING
COMMUNITY POLICING RESOLUTION
COUNCIL REGULAR AGENDA
8. APPROVAL OF THE SIDE LETTER AG REEMENT BETWEEN THE CITY OF ANTIOCH
AND THE MANAGEMENT UNIT AND SA LARY INCREASES FOR CERTAIN
CLASSIFICATIONS IN THE MANAGEMENT UNIT
Councilmember Barbanica announced it was Acting City Manager Re ed’s last meeting serving as the Acting City Manager and he thanked and recognized his hard work.
Councilmember Torres-Walker made a motion to adjourn the meeting. Following discussion the following substitute motion was made.
ON MOTION BY COUNCILMEMBER TORRES-WALKER, SECONDED BY
COUNCILMEMBER BARBANICA, THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE
RULES AND MOVED THE MOTION TO ADJOURN AS THE NEXT ORDER OF BUSI NESS AND ADJOURNED THE MEETING AT 9:21
P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
ANTIOCH CITY COUNCIL
SUCCESSOR AGENCY
Regular Meeting
September 24, 2024 Page 6 of 6
PUBLIC COMMENT
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
CITY COUNCIL MEETING
INCLUDING THE ANTIOCH CITY COUNCIL
ACTING AS HOUSING SUCCESSOR
TO THE ANTIOCH DEVELOPMENT AGENCY
Regular Meeting October 8, 2024
7:00
P.M. Council Chambers
6:00 P.M. - CLOSED SESSION
Mayor Hernandez-Thorpe called the Closed Session to order at 6:00 P.M., and Acting City Clerk
Rosales called the roll.
Present: Council Members District 1 Torres-Walker, District 3 O gorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
Absent: Council Member District 2 Barbanica
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: Garner vs. City of Antioch, et al., Superior Court of California, Contra Costa County (Case No. C23-01669).
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION , Initiation of litigation pursuant to California Government Code section 54956.9(d)(4): One Case.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATIONS – pursuant to California Government Code section 54956.8; Property: East 18th Street an d Wilson Street (APN 051-400-027), Antioch, CA; Negotiating Parties: City of Antioc h Negotiators: Bessie M.
Scott, City Manager and Thomas Lloyd Smith, City Attorney; Cont ra Costa County Fire Protection District Negotiator: Aaron J. McAlister, Deputy Fire Chief; Under Negotiation:
Price and terms of payment.
PUBLIC COMMENTS – None
ADJOURN TO CLOSED SESSION
Mayor Hernandez-Thorpe adjourned to Closed Session at 6:02 P.M.
7:00 P.M. REGULAR MEETING
Mayor Hernandez-Thorpe called the meeting to order at 7:00 P.M., and City Clerk Householder
called the roll.
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HOUSING SUCCESSOR
Regular Meeting
October 8, 2024 Page 2 of 12
Present: Council/Agency Members District 1 Torres-Walker, Distr ict 3 Ogorchock, Mayor Pro Tem (District 4) Wilson and Mayor Hernandez-Thorpe
Absent: Council/Agency Member 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 approved a settlement in the amount of $20,000, by a 4-0 vote w ith Councilmember Barbanica absent, #2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, direction given to City Attorney; and, #3 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS, direction given to City Manager and City Attorney.
COUNCIL REGULAR AGENDA – Continued from September 24, 2024, Council Meeting
1. AMENDMENT OF EMPLOYEE REFERRAL AND RECRUITMENT SIGNING BONUS
AND INCENTIVE PROGRAM FOR PEACE OFFICERS, ADDITION OF INCENTIVE
PROGRAM FOR DISPATCHERS
Captain Vigil presented the staff report dated October 8, 2024 recommending the City Council adopt the resolution: 1) Authorizing the City Manager or design ee to co ntinu e t he e mpl oye e 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 com pletion of two (2) years of employment with the City of Antioch Police Department Dispatch Center; and 3) Authorizing the necessary budget through June 30, 2025, of up to $350,000.
Councilmembers Ogorchock and Wilson stated they supported the a doption of this resolution and supported extending the program to all employees.
RESOLUTION NO. 2024/136
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution: 1) Authoriz ing the 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 Antioch Police Department Dispatch Center; and 3) Authorizing the necessary budget through June 30, 2025, of up to $350,000.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 8, 2024 Page 3 of 12
2. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON REVISIONS TO
OVERNIGHT/CAMPING ORDINANCE
Mayor Hernandez-Thorpe requested the ordinance come back to Cou ncil for consideration of expanding it to include restricting overnight camping on city trails and waterways.
Councilmember Torres-Walker supported postponing this item so t he community could participate in the discussion. She gave an overview of the effo rts of communities within Contra Costa County who provided shelter and services for the unhoused . She noted it was important for leadership within the City to be committed to bringing in encampment resolution funds.
Councilmember Ogorchock suggested the ordinance include private schools.
Mayor Hernandez-Thorpe supported postponing this item so the community could participate in the discussion and commented that he would reach out to the hom eless advocates to inform them that this item would be on the agenda.
Councilmember Torres-Walker req uested Council discuss the expen diture of the state ’s Encampment Resolution Funds awarded to the City.
Mayor Hernandez-Thorpe recognized that Antioch had recently built the infrastructure to support homeless services, and they had also recently hired a City Mana ger who was competent in housing and homelessness, which would help in seeking additional funding.
On motion by Councilmember Torres-Walker, seconded by Councilmember Ogorchock the City Council members present postponed Agenda Item #2.
3. CITY COUNCIL REQUESTED DISCUSSION ITEM – DISCUSSION ON ADOPTING
COMMUNITY POLICING RESOLUTION
Councilmember Torres-Walker stated she brought this item forward at the request of a resident.
She noted Interim Police Chief Addington and Acting City Manage r Reed had also supported advancing this item to Council.
Erika Raulston spoke in support of Council adopting a community policing resolution and offered suggestions for items to be included.
Councilmember Wilson thanked Counc ilmember Torres-Walker for br inging this item forward and spoke in support of adopting a community policing resolution.
Council consensus directed staff to bring this item back at a later date.
4. APPROVAL OF THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF AN TIOCH
AND THE MANAGEMENT UNIT AND SALARY INCREASES FOR CERTAIN
CLASSIFICATIONS IN THE MANAGEMENT UNIT
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 8, 2024 Page 4 of 12
Director of Human Resources Cortez presented the staff report d ated October 8, 2024 recommending the City Council adopt a resolution: 1) Approving the Side Letter Agreement between the City of Antioch and the Management Unit; 2) Authori zing the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and the Management Unit; 3) Authorizing the amendment to the Master Sal ary Schedule to certain classifications in the Management Unit; and 4) Authorizing the City Manager or designee to make any necessary adjustments to the Fiscal Year 2024/25 budget to implement the provisions of the Side Letter Agreement.
RESOLUTION NO. 2024/137
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adopted the resolution 1) Approving the Side Letter Agreement between the City of Antioch and the Management Unit; 2) Authori zing the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and the Management Unit; 3) Authorizing t he amendment to the Master Sal ary Schedule to certain classifications in the Management Unit; and 4) Authorizing the City Manager or designee to make any necessary adjustments to the Fiscal Year 2024/25 budget to implement the provisions of the Side Letter Agreement.
5. PROCLAMATIONS
x National Domestic Violence Awareness Month, October 2024 x Filipino American History Month, October 2024
x National Breast Cancer Awareness Month, October 2024
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously approved the Proclamations.
Representatives from STAND! For Families Free of Violence accep ted the National Domestic Violence Awareness Month proclamation.
Mayor Hernandez-Thorpe announced he would be presenting the Filipino American History Month and National Breast Cancer Awareness Month proclamations at events later this month.
6. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Mayor Hernandez-Thorpe and a member of the Antioch Council of Teens (ACT) announced the following civic and community events:
¾ 5
th Annual Falloween and Trunk-o-Treat – October 19, 2024, at Antioch Water Park ¾ 3 6th Annual Kids Fishing Derby – October 12, 2024, at Waldie Plaza & Public Fishing Pier
An announcement of a civic and community event submitted in wri ting was entered into the record from the following individual: Dani Lanis / Advocacy Manager Bike East Bay.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 8, 2024 Page 5 of 12
7. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Householder announced the following Board and Commission openings.
¾ Contra Costa County Mosquito & Vector Control Board
¾ Planning Commission
¾ Antioch Police Oversight Commission
For more information and to apply, visit the City’s website.
PUBLIC COMMENTS
Mayra Cristal Rojas expressed concern regarding insufficient lighting and public safety matters in her neighborhood. She requested traffic calming and improved lighting for the area.
Leslie May expressed concern regarding an interaction she and h er granddaughter had with a candidate running for public office. She also discussed comment s made about her on social media.
Erika Raulston expressed concern regarding comments made in election advertisements.
Nicole Arrington discussed the recent Georgia Pacific strike an d encouraged the community to support the workers. She spoke in support of keeping the Antioch Amtrak station open.
Kimberly Kidd-Bailey announced that the person responsible for a family member ’s bicycle fatality was arrested and would be arraigned at 8:30
A.M. on October 24, 2024, at Pittsburg Court.
She expressed concern for comments made about elected officials on social media.
Greg D. discussed the mental and physical impacts the Desalinat ion Plant Project had on the community.
Eddie Gums, Tachina Garrett and Melvin Willis, ACCE Antioch spoke in support of keeping the Antioch Amtrak station open and thanked Mayor Hernandez-Thorpe for attending the San Joaquin Joint Powers Authority meeting.
Krystle Law Brooks, Genesis Church, offered to assist the City in coordinating Stop the Violence events for youth in the community. She requested a 4-way stop sign and improved lighting be installed at 6
th and G Street. She offered suggestions for sheltering the homeless.
Damon Owens, Genesis Church Antioch, welcomed City Manager Scot t. He spoke on gun violence and public safety in Antioch. He invited Council to participate in a Unity Walk on October 11, 2024, beginning at Genesis Church.
Devin Williams expressed concern regarding comments made on social media about candidates running for office.
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 8, 2024 Page 6 of 12
Patricia Granados discussed the accomplishments of the City Cou ncil. She suggested separating the coroner’s office from the Sheriff’s office. She invited the community to participate in East County Voices. She expressed concern regarding comments made on social media about candidates running for office.
Gavin Payton, NAACP Youth Council discussed the Champions for Y outh Banquet and encouraged the community to support Antioch’s youth.
Ralph Hernandez, Antioch resident, stated that he had condemned officers involved in the text message scandal; however, that did not reflect a great percentage of officers in Antioch who had conducted themselves professionally. He endorsed a candidate running for District 2 in Antioch.
Mike discussed criminal activity occurring in the Sycamore Square Shopping Center.
An unidentified speaker discussed housing opportunities in other jurisdictions as well as potential transitional housing opportunities in Antioch.
Edgar Martinez encouraged the City to work with a resident on housing solutions for Antioch.
ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER
WILSON, THE CITY COUNCIL MEMBERS PRESENT UNANIMOUSLY SUSPENDED THE RULES AND MOVED THE CONSENT CALENDAR AS THE NEXT ORDER OF BUSINESS.
8. CONSENT CALENDAR for City /City Council Members acting as Ho using Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 10, 2024
B. APPROVAL OF COUNCIL MEETING MINUTES FOR SEPTEMBER 24, 2024
C. APPROVAL OF COUNCIL WARRANTS
D. APPROVAL OF HOUSING SUCCESSOR WARRANTS
E. RESOLUTION NO. 2024/138 EXPANSION OF SHOTSPOTTER TECHNOLOGY
F. RESOLUTION NO. 2024/139 AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT AND INCREASING THE AGREEMENT AMOUNT BY $2.1 MILLION WITH FELTON INSTITUTE FOR THE CITY OF ANTIOCH’S ANGELO QUINTO
COMMUNITY RESPONSE TEAM PROGRAM (AQCRT)
G. RESOLUTION NO. 2024/140 PROGRAM SUPPLEMENT AGREEMENT FOR THE INSTALLATION OF HAWK SIGNALS AT VARIOUS LOCATIONS PROJECT (P.W. 282-25)
ANTIOCH CITY COUNCIL
HOUSING SUCCESSOR
Regular Meeting
October 8, 2024 Page 7 of 12
H. RESOLUTION NO. 2024/141 CONSIDERATION OF A $35,655 INCREASE IN THE
CAPITAL IMPROVEMENT BUDGET FOR PARK FACILITY UPGRADES AND AN
AGREEMENT FOR THE JACOBSEN PARK PLAYGROUND REPLACEMENT FOR $336,949.34
I. RESOLUTION NO. 2024/142 THIRD AMENDMENT IN THE AMOUNT OF $455,604 TO THE CONSULTING SERVICES AGREEMENT WITH CDM SMITH, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE BRACKISH WATER DESALINATION PROJECT (P.W. 694)
J. RESOLUTION NO. 2024/143 SECOND AMENDMENT IN THE AMOUNT OF $55,200
TO THE CONSULTING SERVICES AGREEMENT WITH HB CONSULTING GROUP, INC. FOR PROJECT MANAGEMENT SERVICES RELATED TO THE BRACKISH WATER DESALINATION PROJECT (P.W. 694)
K. RESOLUTION NO. 2024/144 CONSIDERATION OF BIDS FOR THE MARCHETTI PARK RENOVATIONS FOR AN AGREEMENT IN THE AMOUNT OF $1,577,200 (P.W. 184-P8)
L. RESOLUTION NO. 2024/145 SEVENTH AMENDMENT IN THE AMOUNT OF $124,000 TO THE CONSULTING SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC.
FOR ENGINEERING SERVICES DURING CONSTRUCTION FOR THE BRACKISH WATER DESALINATION PROJECT (P.W. 694)
Public comment submitted in writ ing for Consent Calendar Items I and J, was entered into the record from the following individual: Eric Christen / Executive Director / Coalition for Fair Employment in Construction.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council members present unanimously approved the Council Consent Calend ar with the exception of Items E and F, which were removed for further discussion.
ITEM E – Councilmember Torres-Walker explained that these funds were fr om a federal grant and could only be utilized for this purpose. She reported that a resident had alerted her to a new all-inclusive technology that could be lower in cost, and she h ad requested the Antioch Police Department (APD) look into that program.
Edgar Martinez suggested staff provide the public with data for Shot Spotter Technology and offered information to Council on the effectiveness of the technology in other jurisdictions.
Councilmember Torres-Walker explained that Shot Spotter did not prevent violence; however, it showed the City where the challenges were located so they could strategically deploy resources to those communities to prevent gun related violence.
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HOUSING SUCCESSOR
Regular Meeting
October 8, 2024 Page 8 of 12
Mayor Hernandez-Thorpe added that the City had conducted a comp rehensive study on areas that experienced gun violence and part of that effort was to de termine where to locate Shot Spotter. He noted this grant would provide more coverage, supp ort law enforcement, create stronger evidence and help the City collect data utilized by the APD.
On motion by Councilmember Torres-Walker, seconded by Councilmember Ogorchock the City Council members present unanimously approved Item E.
ITEM F – In response to Councilmember Ogorchock, Mayor Hernandez-Thorpe confirmed that this item was discussed in the budget process.
Robert Collins, Devin Williams, Krystle Law Brooks, Patricia Granados and Leslie May spoke in support of Council adopting the resolution increasing the agreement amount for Felton Institute.
An unidentified individual requested the City provide data to s upport the increase in funding for the AQCRT.
Mayor Hernandez-Thorpe explained that this item was placed on t he Consent Calendar based on data provided by the Department of Public Safety and Communi ty Resources and Felton Institute.
Councilmember Torres-Walker thanked everyone for their comments and discussed the positive impact the AQCRT had on Antioch. She explained that the increas e in calls for service was attributed to residents becoming aware of the program.
On motion by Councilmember Wilson, seconded by Councilmember Ogorchock the City Council members present unanimously approved Item F.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker thanked community members who had a dvocated for tenant protections. She reported on her attendance at the Cannabis Standing Committee Meeting and a meeting she had with staff to discuss future efforts to addre ss violence in Antioch. She announced that she had recently worked with Genesis Church and other community members on a training related to risk factors associated with gun violence. She encouraged the community to attend a Unity Walk at 10:30
A.M. on October 11, 2024, at Genesis Church and requested that those campaigning refrain from doing so at that event.
Councilmember Ogorchock announced Brighter Beginnings was offer ing free dental services downtown on November 1, 2024, and Contra Costa County Mosquito and Vector Control had reported there had been an increase in a mosquito species in An tioch. She requested Opportunity Junction provide Council with a presentation on their Social Equity Program.
Councilmember Wilson reported on her attendance at the Cannabis Standing Committee meeting and announced Delta Diablo would be meeting on October 9, 2024.
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MAYOR’S COMMENTS
Mayor Hernandez-Thorpe announced Tri Delta would be meeting later this month and reported on a meeting he attended with ODAT to address gun violence reduction efforts. In response to public comments, he explained the city’s speed bump application program. He also reported on his attendance at the Joint Powers Authority to discuss the Amt rak station and noted he would be reporting out to Council in the future. He explained that the Executive Inn project had reduced calls for service in the area and spoke about the value of investing in the community.
Councilmember Torres-Walker acknowledged members of Reimagine A ntioch and the Antioch Police Oversight Commission who had offered resources and servi ces to residents in the Sycamore Square Shopping Center area.
An unidentified speaker repeated a prior request for the City t o provide regularly scheduled meetings of the Cannabis Standing Committee to encourage public involvement. He also discussed potential funding sources to revitalize blighted areas of Antioch.
Mayor Hernandez-Thorpe requested the resolution forming the Can nabis Standing Committee be brought back to Council.
Following discussion, Council requested staff bring back all the Standing Committees to review their status.
PUBLIC HEARING
9. PROPOSED ORDINANCE AMENDING SECTION 9-5.3843 OF THE ANTIOCH
MUNICIPAL CODE REGARDING RESTRICTIONS ON THE SALE AND TRANSFER OF TOBACCO AND DRUG PARAPHERNALIA RETAILERS (LA2024-0001).
Councilmember Ogorchock suggested this agenda item be postponed since Councilmember Barbanica had requested it and he was not in attendance this evening.
Mayor Hernandez-Thorpe stated that Council could move forward with the Public Hearing since there were members of the public who wished to speak on the item and suggested action could be taken by Council at a later date.
Planning Manager Merideth presented the staff report dated Octo ber 8, 2024, and stated that the Planning Commission recommends that the City Council introd uce by title only and waive the further reading of the ordinance to adopt text amendments to Section 9-5.3843 of Article 38 (Land Use Regulations) of Chapter 5 (Zoning) of Title 9 (Planni ng and Zoning) of the Antioch Municipal Code Relating to Tobacco and Paraphernalia Retailers.
Mayor Hernandez-Thorpe stepped away from the dais, Mayor Pro Tem Wilson opened the public hearing.
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Ralph Hernandez and Nisha Toor, Black Diamond Market spoke in f avor of the City Council amending the ordinance.
An unidentified speaker proposed working with small retailers t o develop a compliance accountability component.
Public comment submitted in writing was entered into the record from the following individual:
Navdeep Kamboj / Antioch Smoke Shop.
Mayor Hernandez-Thorpe closed the public hearing.
A motion was made by Councilmember Ogorchock to postpone Agenda Item #9. Following discussion, she withdrew her motion.
Councilmembers Ogorchock and Torres-Walker spoke in support of the City Council amending the ordinance to allow for the sale or transfer of tobacco businesses.
Councilmember Wilson supported postponing this item until Counc ilmember Barbanica was present to vote on the agenda item.
Mayor Hernandez-Thorpe gave a history of Ordinance 2124-C-S. H e stat ed th at he di d no t support tobacco products; however, he felt these businesses sho uld not be penalized so he supported amending the ordinance to allow for the sale or transfer of tobacco businesses.
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council introduced by title only and waived the further reading of the ordinance to adopt text amendments to Section 9-5.3843 of Article 38 (Land Use Regulations) of Chapter 5 (Zoning) of Title 9 (Planning and Zoning) of the Antioch Municipal Code Rel ating to Tobacco and Paraphernalia Retailers. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Hernandez-Thorpe Abstain: Wilson Absent: Barbanica
COUNCIL REGULAR AGENDA
10. VIOLENCE REDUCTION INITIATIVE THAT INCLUDES A BUDGET ALLOCA TION OF UP TO $500,000
Captain Vigil presented the staff report dated October 8, 2024 recommending the City Council adopt the resolution: 1) Authorizing the payment of double- time for Antioch Police Officer’s Association Members for working extra shifts in designated areas of the City to reduce violence as directed by the Chief of Police or his/her designee; 2) Auth orizing the City Manager to enter into agreements, approved as to form by the City Attorney's Office, to pay regional municipalities $200 per hour to send officers to work shifts in designated are as to reduce violence; and 3) Allocating up to $500,000 to fund this violence reduction initiative.
ANTIOCH CITY COUNCIL
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Shantell & Damon Owens, Genesis Church, Leslie May, Devin Willi ams and an unidentified speaker expressed concern for potentially overworking APD Officers and supported seeking the support of other agencies. Some speakers suggested allocating funds to community lead responses.
Krystle Law Brooks urged the City not to seek outside assistanc e from CHP and expressed concern about potentially overworking APD officers.
Devin Williams questioned how these funds would lower crime in the community.
An unidentified speaker suggested the City address t he communities’ needs for affordable housing.
An unidentified speaker requested the Council invest in psychological needs within the APD.
Councilmember Torres-Walker stated she did not support double-t ime for APD officers; however, she supported supplementing them with outside resources.
In response to Councilmember Wilson, Captain Vigil explained th at he proposed a balanced approach so they could determine which outside agencies were interested and then overlay that with existing staffing. He noted double-time was a way to incentivize officers to give up a day off.
Mayor Hernandez-Thorpe reported one outside agency had expressed interest and another one was being considered.
Captain Vigil explained that those interested in overtime would be vetted by the Watch Commander and Captain and scheduled appropriately. He noted ove rtime was built into the existing schedule and confirmed that the City needed to offer o vertime to APD officers prior to offering it to an outside agency. He noted the $500k would be allocated as it was used.
Mayor Hernandez-Thorpe explained the primary purpose of this it em was to seek outside agencies for additional support. He noted the APD overtime inc entive request was for designated areas.
A motion was made by Councilmember Ogorchock to adopt the resolution.
Following discussion, Councilmember Ogorchock withdrew her moti on and Council consensus supported entering into agreements with regional municipalities and allocating up to $500k to fund the violence reduction initiative. They also directed Cit y Manager Scott to work with staff to set parameters for authorizing double-time to APD officers for the same purpose.
RESOLUTION NO. 2024/146
On motion by Councilmember Wilson, seconded by Councilmember To rres-Walker the City Council members present adopted an amended resolution: 1) Autho rizing the City Manager to
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enter into agreements, approved as to form by the City Attorney 's Office, to pay regional municipalities up to $200 per hour to send officers to work shi fts in designated areas to reduce violence; and 2) Allocating up to $500,000 to fund this violence reduction initiative.
PUBLIC COMMENT – None
STAFF COMMUNICATIONS
City Attorney Smith welcomed City Manager Scott to the City of Antioch.
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Torres-Walker requested staff agendize a discussi on on community programming opportunities in the area of the Sycamore Square Shopping Center and the vacant parcel across the street. She discussed public safety through e nvironmental design and encouraged residents to be involved in efforts to reduce and pr event violence. She suggested utilizing resources invested in political campaigns for violence prevention efforts.
Councilmember Ogorchock requested staff agendize a discussion on a citywide retention bonus program and guidelines for the use of the City Council Community Events Funds.
Councilmember Wilson reiterated a previous request for a status update of the Sister City program.
Devin Williams suggested Council agendize a discussion on maint enance at the Deer Valley Plaza.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council members present unanimously adjourned the meeting at 10:52 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
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Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 22, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TTLS
SUBJECT: REJECTION OF CLA IM: STEPHAN FOBBS
RECOMMENDED ACTION
It is recommended that the City Council reject the claim submitted by Stephan Fobbs.
Should the City Council desire to discuss this matter, it would be scheduled for a future closed session.
ATTACHMENTS
None.
F
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 22, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Kevin Scudero, Acting Community Development Director APPROVED BY: Bessie Marie Scott, City Manager
SUBJECT: Second Reading: Ordinance Amending Section 9-5.3843 of the Antioch Municipal Code Regarding Restrictions on the Sale and Transfer of Tobacco and Drug Paraphernalia Retailers (LA2024- 0001)
RECOMMENDED ACTION
It is recommended that the City Council adopt the ordinance making text amendments to Section 9-5.3843 of Article 38 (Land Use Regulations) of Chapte r 5 (Zoning) of Title 9 (Planning and Zoning) of the Antioch Municipal Code Relating to Tobacco and Paraphernalia Retailers.
FISCAL IMPACT
7KHUHLVQRDQWLFLSDWHGGLUHFWRULQGLUHFWILVFDOLPSDFWDVDUHVXOWRIWKLVLWHPௗௗ
DISCUSSION
On August 8, 2017 the Antioch City Council adopted Ordinance 21 25-C-S defining and establishing zoning regulations for Tobacco and Paraphernalia Retailers. The ordinance included a provision that tobacco or drug paraphernalia retaile rs that were legally established prior to the adoption of the ordinance could not be sold or transferred after January 1, 2023. At its March 28, 2023 regular meeting, the Cit y Council considered comments from the public, including owners of local retail stor es, concerning the feasibility and impact of certain restrictions on the sale of tobacco products as well as the restrictions on the sale or transfer of tobacco businesses. The City Council provided direction to staff to bring back an ordinance amendment removin g the provision that legally established tobacco and drug paraphernalia retailers co uld not be sold or transferred after January 1, 2023.
The attached ordinance rescinds the Transfer Restrictions, ther eby allowing tobacco retailers and drug paraphernalia retailers to sell or otherwise transfer these businesses, subject to all other applicable laws, and also makes certain ad ditional clarifying changes to Antioch Municipal Code Section 9-5.3843. As part of this process, staff sent notices to all tobacco retailers in the City of Antioch notifying them of the public hearing.
Antioch City Council Report
October 22, 2024 Agenda Item # F 2
2 On September 18, 2024, the Antioch Planning Commission held a p ublic hearing regarding the proposed ordinance amendment. Two members of the public spoke in support of removing the transfer restrictions, while also requesting additional restrictions on tobacco retailers be removed. The Chair also read into the record three written public comments in support of the proposed ordinance. Upon close of th e public hearing, the Antioch Planning Commission voted 4-2, with one Commissioner absent, to recommend City Council approval of the proposed ordinance amendment.
On October 8, 2024, the Antioch City Council introduced and wai ved further reading of the ordinance. After discussion, the Council voted 3-0, with on e Council member abstaining, and one Council member absent t o approve the ordinance.
The adoption of an ordinance requires two separate readings. Th is second reading will finalize the adoption of the ordinance. The ordinance will take effect 30 days after its final passage (Gov. Code, § 36937).
ENVIRONMENTAL REVIEW
The proposed Zoning Text Amendments are exempt from the Califor nia Environmental Quality Act (CEQA) under Section 15061(b)(3), the “Common Sense ” Exemption. This exemption can be used when it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. The ordinance merely amends the Antioch Municipal Code requirements restricting the sale of tobacco or drug paraphernalia retailers. The Amendments are also exempt under C EQA Guidelines section 15064(e), which exempts purely economic regulations.
ATTACHMENTS
A. Proposed Ordinance – Redline Version
B. Proposed Ordinance – Clean Version
- 1 -
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH, CALIFORNIA, AMENDING SECTION 9-5.3843 OF ARTICLE 38 (LAND USE REGULATIONS) OF CHAPTER 5 (ZONING) OF TITLE 9 (PLANNING AND ZONING)
OF THE ANTIOCH MUNICIPAL CODE RELATING TO TOBACCO AND
PARAPHERNALIA RETAILERS
WHEREAS, as a duly incorporated municipality under the laws of the Stat e of California, the City of Antioch (the “City”) is empowered to protect, via its police powers, the public health, morals, and welfare;
WHEREAS, pursuant to its police powers, the City has adopted an ordinan ce on March 8, 2022 imposing restrictions on certain retail activi ties related to tobacco and drug paraphernalia retailers (“Tobacco and Paraphernalia Re tailer Restrictions Ordinance”);
WHEREAS, the Tobacco and Paraphernalia Restrictions Ordinance is codif ied in Antioch Municipal Code Section 9-5.3843;
WHEREAS, the Tobacco and Paraphernalia Retailer Restrictions Ordinance prohibits, following the effective date of said ordinance, the creation or operation of a tobacco retail business or drug paraphernalia retailer business; WHEREAS, the Tobacco and Paraphernalia Retailer Restrictions Ordinance permits the continued operation of tobacco retailers and drug p araphernalia retailers lawfully established and operating prior to the effective date of said ordinance as non- conforming uses;
WHEREAS, among other things, the Tobacco and Paraphernalia Retailer Restrictions Ordinance currently prohibits tobacco retailers and paraphernalia retailers operating as nonconforming uses from selling or otherwise trans ferring their retail business (“Transfer Restrictions”);
WHEREAS, at its meeting of March 28, 2023, the City Council considered public comments from tobacco retailers and paraphernalia retailers reg arding the impact of the Transfer Restrictions on such retailers, and directed staff to prepare an ordinance rescinding the Transfer Restrictions; and
WHEREAS, at its meeting of September 18, 2024 the Planning Commission of the City adopted a resolution recommending that the City Council adopt this Ordinance rescinding the Transfer Restrictions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES ORDAIN AS FOLLOWS:
Section 1. INCORPORATION OF RECITALS. The foregoing recitals are true, correct, and incorporated by reference as if set forth in full herein.
ATTACHMENT "A"
A1
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Section 2. PURPOSE. The purpose of this Ordinance is to rescind the Transfer Restrictions, thereby allowing tobacco retailers and drug paraphernalia retailers to sell or otherwise transfer these businesses, subject to all other ap plicable laws, and to make certain additional clarifying changes to Antioch Municipal Code Section 9-
5.3843.
Section 3 . REPEAL AND REPLACEMENT. Title 9, Chapter 5, Article 38, Section 9-5.3843 is hereby repealed in its entirety and replaced with the following:
§ 9-5.3843 TOBACCO AND PARAPHERNALIA RETAILERS.
(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. Drug paraphernalia shall have that definition set forth in Cal. Health and Safety Code § 11364.5, as it may be amended.
DRUG PARAPHERNALIA RETAILER. Any establishment that sells drug paraphernalia as defined herein.
PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assign ee, or any other legal entity.
SOLD OR TRANSFERRED. Any assignment, delegation, designation, sale, or transfer of real property or interests in real property, including but not limited to:
(a) A change to the name of the operator on the city business license; (b) A change in the leaseholder of the commercial space; (c) A change to the name listed on any other official government document related to the business.
TOBACCO PRODUCT.
(a) 1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
2. Any device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, vaporizer pen, or hookah.
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3. Any component, part, or accessory of a tobacco product, whether or not sold separately.
(b) TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
TOBACCO RETAILER. Any establishment that sells tobacco products as defined herein.
(B) Tobacco retailers prohibited . It is unlawful for any person to cause or permit the creation of, or operation of, a tobacco retailer. Th e operation of a tobacco retailer shall constitute a public nuisance subject to abatement under this code. (C) Drug paraphernalia retailers prohibited. It is unlawful for any person to cause or permit the creation of, or operation of, a drug paraphernalia retailer business.
The operation of a drug paraphernalia retail business shall constitute a public nuisance subject to abatement under this code.
(D) Nonconforming uses.
(1) Tobacco retailers or drug paraphernalia retailers lawfully e stablished and operating prior to the effective date of this Ordinance 2125 C-S section m a y continue to operate as nonconforming uses.
(2) Those tobacco retailers having 20% or more of their floor area devoted to the sale or display of tobacco products or drug paraphernalia retailers are subject to the following additional provisions:
(a) The tobacco retailer or drug paraphernalia retailer may be s old and transferred at any point prior to January 1, 2023.
(b) From January 1, 2023 onward, the tobacco retailer or drug paraphernalia retailer may not be sold or transferred.
(23) All nonconforming tobacco retailers and drug paraphernalia ret ailers shall comply with state regulations regarding the sale of tobac co products and drug paraphernalia, as these laws may be amended from time to time. (E) Exceptions.
(1) The prohibition described in division (CB) above shall not apply to the following:
(a) Any pharmacist or other authorized person who sells or furni shes drug paraphernalia upon the prescription of a physician, dentis t, podiatrist, or veterinarian as permitted by law.
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(b) Any physician, dentist, podiatrist, or veterinarian who furn ishes or prescribes drug paraphernalia to his or her patients as permitted by law. (c) Any manufacturer, wholesaler, or retailer licensed by the Bo ard of Pharmacy to sell or transfer drug paraphernalia as permitted by law. (2) The prohibitions described in division (B) and (C) above shall not apply to the following:
(ad) Any tobacco retailer or drug paraphernalia retailer operati ng with a valid use permit issued by the city prior to the effective date of Ordinance 2125-C-S.
Consistent with Ordinance 2125-C-S, such tobacco retailer or dr ug paraphernalia retailer shall continue to be a nonconforming use and subject t o all provisions of this section and the Municipal Code.
(32) The following business types shall be permitted to sell tobacc o products subject to approval of a use permit in zoning district s where such business types are allowed under the Zoning Code:
(a) Convenience stores when ancillary to a gas station and havin g less than 20% of their sales area devoted to tobacco products.
1. The sale of drug paraphernalia is prohibited.
(b) Retail businesses larger than 5,000 square feet with less than 5% of their sales area devoted to tobacco products.
(c) Notwithstanding (a) or (b) above, a new use permit shall not be issued for a business that is located within 1,000 feet of any school, public park, p layground, recreational center, or child care center.
Section 4. CEQA COMPLIANCE. The City Council finds that the adoption and implementation of this Ordinance is exempt from th e provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelin es section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, and under CEQA Guidelines section 15064(e), which exempts purely economic regulations.
Section 5. SEVERABILITY. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a c ourt of competent jurisdiction to be unlawful, unreasonable, or otherwise void, t hat 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 6. PUBLICATION; EFFECTIVE DATE. This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption A4
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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 8th day of October 2024, and passed and adopted at a regular meeting thereof, held on the 22nd day of October 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 A5
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ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANTIOCH, CALIFORNIA, AMENDING SECTION 9-5.3843 OF ARTICLE 38 (LAND USE REGULATIONS) OF CHAPTER 5 (ZONING) OF TITLE 9 (PLANNING AND ZONING)
OF THE ANTIOCH MUNICIPAL CODE RELATING TO TOBACCO AND
PARAPHERNALIA RETAILERS
WHEREAS, as a duly incorporated municipality under the laws of the Stat e of California, the City of Antioch (the “City”) is empowered to protect, via its police powers, the public health, morals, and welfare;
WHEREAS, pursuant to its police powers, the City has adopted an ordinan ce on March 8, 2022 imposing restrictions on certain retail activi ties related to tobacco and drug paraphernalia retailers (“Tobacco and Paraphernalia Re tailer Restrictions Ordinance”);
WHEREAS, the Tobacco and Paraphernalia Restrictions Ordinance is codif ied in Antioch Municipal Code Section 9-5.3843;
WHEREAS, the Tobacco and Paraphernalia Retailer Restrictions Ordinance prohibits, following the effective date of said ordinance, the creation or operation of a tobacco retail business or drug paraphernalia retailer business; WHEREAS, the Tobacco and Paraphernalia Retailer Restrictions Ordinance permits the continued operation of tobacco retailers and drug p araphernalia retailers lawfully established and operating prior to the effective date of said ordinance as non- conforming uses;
WHEREAS, among other things, the Tobacco and Paraphernalia Retailer Restrictions Ordinance currently prohibits tobacco retailers and paraphernalia retailers operating as nonconforming uses from selling or otherwise trans ferring their retail business (“Transfer Restrictions”);
WHEREAS, at its meeting of March 28, 2023, the City Council considered public comments from tobacco retailers and paraphernalia retailers reg arding the impact of the Transfer Restrictions on such retailers, and directed staff to prepare an ordinance rescinding the Transfer Restrictions; and
WHEREAS, at its meeting of September 18, 2024 the Planning Commission of the City adopted a resolution recommending that the City Council adopt this Ordinance rescinding the Transfer Restrictions.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES ORDAIN AS FOLLOWS:
Section 1. INCORPORATION OF RECITALS. The foregoing recitals are true, correct, and incorporated by reference as if set forth in full herein.
ATTACHMENT "B"
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Section 2. PURPOSE. The purpose of this Ordinance is to rescind the Transfer Restrictions, thereby allowing tobacco retailers and drug paraphernalia retailers to sell or otherwise transfer these businesses, subject to all other ap plicable laws, and to make certain additional clarifying changes to Antioch Municipal Code Section 9-
5.3843.
Section 3 . REPEAL AND REPLACEMENT. Title 9, Chapter 5, Article 38, Section 9-5.3843 is hereby repealed in its entirety and replaced with the following:
§ 9-5.3843 TOBACCO AND PARAPHERNALIA RETAILERS.
(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. Drug paraphernalia shall have that definition set forth in Cal. Health and Safety Code § 11364.5, as it may be amended.
DRUG PARAPHERNALIA RETAILER. Any establishment that sells drug paraphernalia as defined herein.
PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assign ee, or any other legal entity.
TOBACCO PRODUCT.
(a) 1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
2. Any device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, vaporizer pen, or hookah.
3. Any component, part, or accessory of a tobacco product, whether or not sold separately.
(b) TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
TOBACCO RETAILER. Any establishment that sells tobacco products as defined herein.
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(B) Tobacco retailers prohibited . It is unlawful for any person to cause or permit the creation of, or operation of, a tobacco retailer. Th e operation of a tobacco retailer shall constitute a public nuisance subject to abatement under this code. (C) Drug paraphernalia retailers prohibited. It is unlawful for any person to cause or permit the creation of, or operation of, a drug paraphernalia retailer business.
The operation of a drug paraphernalia retail business shall constitute a public nuisance subject to abatement under this code.
(D) Nonconforming uses.
(1) Tobacco retailers or drug paraphernalia retailers lawfully e stablished and operating prior to the effective date of Ordinance 2125 C- S may continue to operate as nonconforming uses.
(2) All nonconforming tobacco retailers and drug paraphernalia r etailers shall comply with state regulations regarding the sale of tobac co products and drug paraphernalia, as these laws may be amended from time to time. (E) Exceptions.
(1) The prohibition described in division (C) above shall not ap ply to the following:
(a) Any pharmacist or other authorized person who sells or furni shes drug paraphernalia upon the prescription of a physician, dentis t, podiatrist, or veterinarian as permitted by law.
(b) Any physician, dentist, podiatrist, or veterinarian who furn ishes or prescribes drug paraphernalia to his or her patients as permitted by law. (c) Any manufacturer, wholesaler, or retailer licensed by the Bo ard of Pharmacy to sell or transfer drug paraphernalia as permitted by law. (2) The prohibitions described in division (B) and (C) above shall not apply to the following:
(a) Any tobacco retailer or drug paraphernalia retailer operatin g with a valid use permit issued by the city prior to the effective date of Ordinance 2125-C-S.
Consistent with Ordinance 2125-C-S, such tobacco retailer or dr ug paraphernalia retailer shall continue to be a nonconforming use and subject t o all provisions of this section and the Municipal Code.
(3) The following business types shall be permitted to sell tobacco products subject to approval of a use permit in zoning districts where s uch business types are allowed under the Zoning Code:
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(a) Convenience stores when ancillary to a gas station and havin g less than 20% of their sales area devoted to tobacco products.
1. The sale of drug paraphernalia is prohibited.
(b) Retail businesses larger than 5,000 square feet with less than 5% of their sales area devoted to tobacco products.
Notwithstanding (a) or (b) above, a new use permit shall not be issued for a business that is located within 1,000 feet of any school, public park, p layground, recreational center, or childcare center.
Section 4. CEQA COMPLIANCE. The City Council finds that the adoption and implementation of this Ordinance is exempt from th e provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelin es section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment, and under CEQA Guidelines section 15064(e), which exempts purely economic regulations.
Section 5. SEVERABILITY. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a c ourt of competent jurisdiction to be unlawful, unreasonable, or otherwise void, t hat 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 6. PUBLICATION; EFFECTIVE DATE. This Ordinance shall take effect and be enforced 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.
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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 8th day of October 2024, and passed and adopted at a regular meeting thereof, held on the 22nd day of October 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
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G
Agenda #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 22, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Alan Barton, Information Systems Director APPROVED BY: Bessie Marie Scott, City Manager
SUBJECT: Award of a Consulting Services Agreement to SmartWave Technologies LLC in an amount of $130,000 for a Fully Installed, Serviced, and Managed Wi-Fi System for the City’s Downtown Business District
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Awarding of a consulting services agreement to SmartWave Technologies LLC for an amount not to exceed $130,000 for a downtown Wi-Fi system that will provide a fully installed, serviced, and managed Wi-Fi for the downtown bus iness district including all equipment, installation, configuration, testing an d ongoing maintenance and support;
2) Authorizing the City Manager to execute the agreement (Exhibit “1” to the Resolution) in a form approved by the City Attorney; and 3) Authorizing the City Manager or designee to make the necessar y budget amendment to the Fiscal Year 2024/25 American Rescue Plan Act Budget to appropriated $110,000 of (“ARPA”) funds for a downtown Wi-Fi project and has considered re-allocating $20,000 in ARPA funds from the EBRCS r adio purchase to the Wi-Fi project for a total project installation cost budget of $130,000.
FISCAL IMPACT
City Council previously appropriated $110,000 of American Rescue Plan Act (ARPA) funds to downtown wi-fi. The allocation was approved for $60,000 for installation and two years of annual maintenance at $25,000 each year. However, as the bid price came in at $130,000, the entire $110,000 ARPA budget will be used for inst allation costs. An additional $20,000 in fiscal year 2024/25 funds needs to be app ropriated to agreement. y Cou
r
Antioch City Council Report
October 22, 2024 Agenda Item #G 2
This may be appropriated by re-allocating $20,000 from another ARPA-funded project or utilizing the General Fund. ARPA funds must be spent, or under contract to be spent, by December 31, 2024
DISCUSSION
On August 12, 2024, staff solicited a request for proposals through the City's website for the downtown Wi-Fi project. On September 10, 2024, two (2) prop osals were received.
Based on the content of the proposals, staff determined SmartWa ve Technologies LLC provides the best value for the Project.
The Project provides free public Wi- Fi to the City’s Downtown Business district, comprising the areas from W 3rd Street north to the river front, and spans between I Street and E Street.
Staff is recommending awarding the agreement to SmartWave Techn ologies LLC, as described in the Draft Consulting Services Agreement attached hereto as Exhibit 1 to the resolution.
Staff is also recommending City Council re-allocate ARPA funds in the amount of $20,000 from the approved EBRCS radio purchase budget of $500,000 to th is Project, as the radio purchase order was placed and came in under budget, with sufficient funds available to re-allocate to the wi-fi project. The attached re solution includes language approving the re-allocation of ARPA funds.
ATTACHMENTS
A. Resolution
Exhibit 1. Draft Consulting Services Agreement
B. SmartWave Technologies LLC Proposal
ATTACHMENT A
RESOLUTION NO. 2024/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING A CONSULTING SERVICES AGREEMENT WITH SMARTWAVE TECHNOLOGIES LLC IN THE AMOUNT NOT TO EXCEED $130,000 FOR A DOWNTOWN WI-FI SYSTEM AND AUTHORIZING THE NECESSARY FISCAL YEAR 2024/25 BUDGET
ADJUSTMENT
WHEREAS, on August 12, 2024, the City solicited a request for proposals through the City’s website for Downtown Wi-Fi, which is a project that will provide a fully installed, serviced, and managed Wi-Fi system for the downtown business di strict including all equipment, installation, configuration, testing and ongoing maintenance and support;
WHEREAS, on September 10, 2024, the City received two (2) proposals in response to its request for proposals for Downtown Wi-Fi;
WHEREAS, the Downtown Wi-Fi system will provide free public Wi-Fi to the City’s downtown business district, which includes the areas from West 3rd Street north to the river front, and spanning between I Street and E Street;
WHEREAS, the City Council of the City of Antioch previously appropriated $110,000 of American Rescue Plan Act (“ARPA”) funds for a downtown Wi-Fi project and has considered re-allocating $20,000 in ARPA funds from the EBRCS radio purchase to the Wi-Fi project for a total project installation cost budget of $130,000; and
WHEREAS, based on the City ’s review of two proposals received, staff recommends to awarding a Consultant Services Agreement to SmartWave Technologies LLC for the Downtown Wi-Fi system because it provides the best value to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby;
1) Awarding of a consulting servi ces agreement to SmartWave Technologies LLC for an amount not to exceed $130,000 for a downtown Wi-Fi system that will provide a fully installed, serviced, and m anaged Wi-Fi for the downtown b usiness district including all equipment, installation, configuration, testing a nd ongoing maintenance and support;
2) Authorizing the City Manager to execute the agreement (Exhibit “1” to the Resolution) in a form approved by the City Attorney; and
3) Authorizing the City Manager or designee to make the necessa ry budget amendment to the Fiscal Year 2024/25 American Rescue Plan Act B udget to appropriated $110,000 of (“ARPA”) funds for a downtown Wi-Fi project and has considered re-allocating $20,000 in ARPA funds from the EBRCS r adio purchase to the Wi-Fi project for a total project installation cost budget of $130,000.
* * * * * * * *
RESOLUTION NO. 2024/**
October 22, 2024
Page Two
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereo f, held on the 22nd day of October 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF ANTIOCH AND
SMARTWAVE TECHNOLOGIES LLC
THIS AGREEMENT ( “Agreement”) is made and entered into this 1st day of November 2024 (“Effective Date”) by and between the City of Antioch, a municipal Corporation with its principle place of business at 200 H Street, Antioch, CA 94509 (“City”) and SmartWave Technologies LLC with its principle place of business at 2662 Holcomb Bridge Rd, Suite 340, Alpheratta, GA 30022 ( “Consultant”) as of September 10, 2024. City and Consultant individually are sometimes referred to herein as “Party” and collectively as “Parties.”
SECTION 1. SERVICES. Subject to the terms and conditions se t forth in this Agreement, Consultant shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to provide to City the services described in the Scope of Work attached as Exhibit A attached hereto and incorporated herein at th e time and place and in the manner specified therein (“Services”). In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on November 1, 2026, the date of completion specified in Exh ibit A, and Consultant shall complete the Services described in Exhibit A prior to that date, un less the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect the City’s right to terminate the Agreement, under Section 8.
1.2 Standard of Performance. Consultant represents that it is experienced in providing these services to public clients and is familiar with the plans and needs of City. Consultant shall perform all Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the ge ographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform Services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
SECTION 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $130,000 notwithstanding any contrary indications that may be contained in Consultant’s proposal, for Services to be performed and reimbursable costs incurred under this Agre ement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regardin g the amount of compensation, the Agreement shall prevail. City shall pay Consultant for Services rendered pursuant to this Agreement at the time and in the manner set forth below. The payments specified below shall be the only payments from City EXHIBIT 1
to Consultant for Services rendered pursuant to this Agreement. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that com pensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated cost s of providing the Services required hereunder, including salaries and benefits of employees and subc ontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for Servic es performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills; i.e. , Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the bal ance available under the Agreement, and the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brie f description of the work, and each reimbursable expense;
The total number of hours of work perfo rmed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services; and,
The Consultant’s signature.
2.2 Payment Schedule.
2.2.1 City shall make incremental payments, based on invoices received, for Services satisfactorily performed, in accordance with the requirements of this Agreement, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements of Section 2.1 to pay Consultant.
2.2.2 City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and subm ittal to City a final invoice, if all services required have been satisfactorily performed.
2.3 Total Payment. City shall pay for the Services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering Services pursuant to this Agreement, unless expressly provided for in Section 2.5.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule in Exhibit A.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.6 Authorization to Perform Services. The Consultant is not authorized to perform any Services or incur any costs whatso ever under the terms of this Agre ement until Consultant receives authorization to proceed from the Contract Administrator.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the Services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, qua ntity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and exp ense, shall procure insurance agains t claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's proposal.
Consultant shall not allow any subcontractor to comm ence work on any subcontract until Consultant has obtained all insurance required herein for the subcon tractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
Insurers shall have an AM Best rating of no less than A:VII unless otherwise accepted by the City in writing:
4.1 Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall ap ply separately to this project/location or the general aggregate limit shall be twice the required occurrence limi t. If Consultant’s services include work within 50 feet of a railroad right of way, the Consultant shall have removed any exclusion on their liability policy limiting
coverage for work near a railroad, or shall provide a Ra ilroad Protective Liability policy in favor of the City.
Limits for such coverage shall be no less than $5,000,000.
4.2 Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
4.3 Workers' Compensation Insurance. Workers’ Compensation Insurance as required by the State of California, with Statutor y Limits, and Employer’s Liability In surance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4.4 Professional Liability (Errors and Omissions). Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
4.5 Other Insurance Provisions. Unless otherwise specified below, all insurance policies are to contain, or be endorsed to contain, the following provisions:
4.5.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL pol icy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. CGL covera ge can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edit ion is used). This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.2 Primary Coverage. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall only apply to the CGL and Automobile Liability Insurance policies specified above.
4.5.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
4.5.4 Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but th is provision applies regardless of whet her or not the City has received a waiver of subrogation endorsement from the insurer. This requirement shall only apply to the CGL, Automobile Liability and Workers’ Compensation/Employer’s Liability Insurance policies specified above.
4.5.5 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
4.5.6 Claims made policies. If any of the required policies provide claims-made coverage:
4.5.6.1 The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
4.5.6.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
4.5.6.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
4.6 Certificate of Insurance and Endorsements. Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the requ ired documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including en dorsements required by thes e specifications, at any time.
4.7 Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endor sements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirement s stated in this Agreement, including but not limited to naming additional insureds.
4.8 Higher Limits. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage fo r the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specifie d minimum limits of insurance and coverage shall be available to the City.
4.9 Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, pr ior experience, insurer, coverage or other special circumstances.
4.10 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise, any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and reta in the amount of the premiums for such insurance from any sums due to Consultant under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or, Terminate this Agreement.
SECTION 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 To the fullest extent permitted by law, Cons ultant shall defend (with counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or per sons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subc ontractors, consultants or agents in connection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, re ceived by Consultant, the Ci ty, its officials, officers, employees, agents, or volunteers.
5.1.1 Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5.2 By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the manner or means by which Consultant accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and s ubcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Ci ty in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the Services.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have al l licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their re spective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation or any other legally protected status, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rule s, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any Services that are the subject of this Agreement, including but not limited to the satisfacti on of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Se ction in any subcontract approved by the Contract Administrator or this Agreement.
7.6 California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Sect ion 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under La bor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
If the services are being performed as part of an appl icable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the full term of th is Agreement and require the same of any subconsultants, as applicable.
Notwithstanding the foregoing, the contractor regis tration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
This Agreement may also be subject to complianc e monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be co mpensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement only for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for Services performed satisfactorily to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in their sole and exclusive discretion, extend the end date of the term of this Agreement beyond that provided for in Section 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to r eimburse Consultant for any other wise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the pr ofessional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant s hall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liabili ty between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; and/or
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant in which case the City may charge Co nsultant the difference be tween the cost to have a different consultant complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, drawings, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepar ed specifically for the City and are not necessarily suitable for any future or other use.
9.2 Confidentiality. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be kept confidential by Consultant. Such materials shall not, without the prior written permission of City, be used by Consultant for any purpose other than the performance of this Agreement nor shall such materials be disclosed publicly. Nothing furnished to Consultant which is generally known, shall be deemed confidential. Consultant sh all not use the City’s name or logo or photographs pertaining to the Services under this Agreement in any publication without the prior written consent of the City.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and ot her records or documents evidencing or relating to charges for Services or expenditures and disbursement s charged to the City under this Agreement for a minimum of three (3) years, or fo r any longer period requir ed by law, from the date of final payment to the Consultant.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be ma de available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand
Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
9.5 Intellectual Property. The City shall have and retain all right, title and interest, including copyright, patent, trade secret or other proprietary ri ghts in all plans, specifications, studies, drawings, estimates, materials, data, computer programs or software and source code, enhancements, documents and any other works of authorship fixed in any tangible medium or expression, including but not limited to physical drawings or other data magnetically or otherwise recorded on computer media (“Intellectual Property”) prepared or developed by or on behalf of Consultant under this Agreement. Consultant further grants to City a non-exclusive and perpetual license to copy, use, modify or sub-license any and all Intellectual Property otherwise owned by Consultant which is the basis or foundation for any derivative, collective, insurrectional or supplemental work created under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Venue. In the event either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vest ed exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
10.2 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidit y in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.3 No Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.4 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.5 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.6 Conflict of Interest. Consultant may serve other client s, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any official of City in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interes t in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor ha s it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant underst ands that, if this Agreement is made in violation of Government Code § 1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any
compensation for Services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it ma y be subject to criminal prosecution for a violation of Government Code Section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.7 Inconsistent Terms. If the terms or provisions of this Agreement conflict with or are inconsistent with any term or provision of any Exhibit attached hereto, then the terms and provisions of this Agreement shall prevail.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Alan Barton ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
SmartWave Technologies LLC
Attn: Caroline Brown
2662 Holcomb Bridge Rd, Suite 340
Alpharetta, GA 30022
Any written notice to City shall be sent to:
Information Systems
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
City of Antioch
P. O. Box 5007
Antioch, CA 94531-5007
Attn: City Attorney
10.11 Integration. This Agreement, including all exhibit s and other attachments, represents the entire and integrated agreement between City and Co nsultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
CITY: CONSULTANT:
CITY OF ANTIOCH SMARTWAVE TECHNOLOGIES LLC
____________________________________ By:______________________________ Bessie Marie Scott, City Manager
Name:___________________________
Title:____________________________
Attest:
____________________________________
Elizabeth Householder
City Clerk
Approved as to Form:
____________________________
Thomas Lloyd Smith, City Attorney
[Two signatures are required for a corporation or one signature with the corporate bylaws indicating that one person can sign on behalf of the corporation]
EXHIBIT A
SCOPE OF WORK
City of Antioch Downtown Wi-Fi
SmartWAVE Technologies LLC
2662 Holcomb Bridge Rd, Suite 340
Alpharetta, GA 30022
September 10, 2024
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7 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 22, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Bessie Marie Scott, City Manager
SUBJECT: City Council Requested Discussion Item – Potential Upgrades to Antioch Amtrak Station
RECOMMENDED ACTION
It is recommended that the City Council discuss and provide direction to City staff.
FISCAL IMPACT
The fiscal impact is unknown at this time until direction on this item is provided.
DISCUSSION
The Antioch-Pittsburg San Joaquins Passenger Stop began providi ng service in its current form to the east Contra Costa County region in Antioch on October 28, 1994.
The Stop is served by the San Joaquins line that operates passe nger rail service between Oakland and Bakersfield.
On March 24, 2023, the SJJPA voted to decommission the Antioch- Pittsburg San Joaquins Passenger Stop (Amtrak Station). The decision to deco mmission the Antioch- Pittsburg San Joaquins Passenger Stop (Amtrak Station) did not have a comprehensive community engagement process nor an analysis concerning the imp acts of their decision. The decommissioning of the Antioch-Pittsburg San Joa quins Passenger Stop (Amtrak Station) will have an immediate negative impact on the local disadvantaged community which include low-income people of color, seniors, ve terans, and small businesses that rely on the station. Since that time there have been various meetings and discussions held by city officials and community members regarding next steps as it relates to the possible decommissioning of this stop.
On July 23, 2024, the Council adopted Resolution No. 2024/107 o pposing the closure.
The Mayor will provide updates regarding recent conversations h e has had related to upgrades to the Antioch-Pittsburg San Joaquins station.
ATTACHMENTS
None
8 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of October 22, 2024
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Bessie Marie Scott, City Manager
SUBJECT: Response to Grand Jury Report No. 2405,
“Challenges Facing the City of Antioch” Addendum
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution appr oving an addendum to specific Findings and Recommendations identified in the Grand J ury Noncompliance letters dated October 3, 2024 in response to the Findings and R ecommendations resulting from the 2023-2024 Contra Costa County Civil Grand Ju ry report of June 12, 2024 entitled: “Challenges Facing the City of Antioch” Addendum (Exhibit 4) 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
In June 2024, the City of Antioch received the attached Grand J ury report entitled, “Challenges Facing the City of Antioch” (Exhibit 1). On Septem ber 10, 2024, the City Council discussed and approved the attached response, by Resolu tion 2024/124, to the Grand Jury Report 2405 that was subsequently submitted to the Grand Jury (Exhibit 2).
On October 7, 2024, the City received two letters, both dated O ctober 3, 2024, from the Grand Jury requesting additional information be provided for noncompliant responses to Findings 6 and 13,and Recommendations 1 through 5 (Exhibit 3). Staff is requesting City Council provide additional information to clarify the original responses provided at the September 10
th City Council meeting.
Per Section 933.05 of the California Penal Code, the City’s res ponses to the following were noncompliant and require additional explanation:
F6. The Mayor and City Council members have on occasion overstepped their authority in seeking to make personnel decisions, including terminating the then r
Antioch City Council Report
October 22, 2024 Agenda Item #8 2
Public Works Director in December 2022, in ways not permitted by city ordinance (Antioch City Code § 2-2.06 and § 2-2.10).
(Original) Response The City disagrees with this finding.
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.
(Original) Response The City disagrees with this finding.
R1. The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager.
(Original) Response The City agrees with this recommendation.
R2. The Mayor and City Council should abide by city regulations (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.
(Original) Response The City agrees with this recommendation.
R3. The new City Manager should, within 6 months of their appointment to the position of City Manager, recruit and appoint permanent department heads to fill current department head vacancies.
(Original) Response The City agrees with this recommendation.
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.
(Original) Response The City agrees with this recommendation.
Antioch City Council Report
October 22, 2024 Agenda Item #8 3
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. (Original) Response The City agrees with this recommendation.
ATTACHMENTS
A. Resolution
Exhibit 1 Grand Jury Report 2405 – Challenges Facing the City of Antioch Exhibit 2 Original Grand Jury Response - 2405
Exhibit 3 Grand Jury Noncompliant Letter – Request for Addition al Findings Information and Grand Jury Noncompliant Letter – Request for Ad ditional Recommendations Information
Exhibit 4 Response Addendum
ATTACHMENT “A”
RESOLUTION NO. 2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING AN
ADDENDUM TO PREVIOUS RESPONSES PROVIDED TO CONTRA COSTA
COUNTY CIVIL GRAND JURY AND AUTHORIZING THE MAYOR TO SIGN AND SUBMIT EXPLANATORY RESPONSES TO GRAND JURY REPORT NO. 2405 -
CHALLENGES FACING THE CITY OF ANTIOCH
WHEREAS, the City of Antioch received Contra Costa County Civil Grand Ju ry (Grand Jury) Report No. 2405 – “Challenges Facing the City of Antioch” (Exhibit 1); WHEREAS, a written response to the Grand Jury is required under Califo rnia Penal Code § 933.05 (b);
WHEREAS, on August 27, 2024, the City Council adopted a resolution approving a written response to the Grand Jury report: “Challenges Facing the City of Antioch” and authorized the Mayor to sign it;
WHEREAS, on September 11, 2024, the City Council’s response was submit ted in writing to the Grand Jury (Exhibit 2);
WHEREAS, the City received two letters, both dated October 3, 2024, fr om the Grand Jury requesting additional information for noncompliant r esponses to Findings 6 and 13 and Recommendations 1 through 5 (Exhibit 3).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. approves an addendum to specific Findings and Recommendation s identified in the Grand Jury Noncompliance letters dated October 3, 2024, in response to the Findings and Recommendations resulting from the 2023-202 4 Contra Costa County Civil Grand Jury report of June 12, 2024 entitled: “Challenges Facing the City of Antioch” Response Addendum (Exhibit 4), and
2. authorizes the Mayor to sign and submit it to the Contra Cos ta County Civil Grand Jury.
* * * * *
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 22nd day of October 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT 1
&9)*#*5
EXHIBIT
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 - Addendum Dear Judge Mockler,
On October 4, 2024, the City of Antioch received a letter from Mr. Ed Sarubbi regarding the City’s response to Grand Jury Report 2405, Challenges Facing the City of Antioch.
According to Mr. Sarubbi, the Grand Jury found that the City’s responses to specific Findings and Recommendations did not comply with the requirements of Section 933.05 of the California Penal Code.
The identified Findings were Findings 6 and 13. The Grand Jury requires an explanation be included with the City’s original response of “The City disagrees with this finding”.
The Addendum to the Findings are:
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).
The response to this Finding is as follows:
The City disagrees with this finding. [Additional information inserted here] 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.
The response to this Finding is as follows:
The City disagrees with this finding. [Additional information inserted here] The Grand Jury requested additional information be provided on Recommendations 1 thru 5. The City agreed with all recommendations but will am end or clarify the responses with the following:
R1. The Mayor and City Council should follow through on the ongoing process of hiring an experienced and qualified City Manager.
EXHIBIT 1
Amended Response [Additional information inserted here] R2. The Mayor and City Council should abide by city regulations (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. [Additional information inserted here]
R3. The new City Manager should, within 6 months of their appointment to the position of City Manager, recruit and appoint permanent department heads to fill current department head vacancies.
Response The City agrees with this recommendation. [Additional information inserted here]
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. [Additional information inserted here]
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.
Amended Response [Additional information inserted here] On behalf of the City of Antioch, we are committed to working i n partnership with Contra Costa Board of Supervisors in acknowledging of both the Civil G rand Jury findings and recommendations. We trust the Gr and Jury will find these respo nses extremely helpful to its future endeavors.
EXHIBIT 1
Sincerely yours,
Lamar A. Hernandez-Thorpe
Mayor, City of Antioch
Cc: Joanne Sarmento, 2023-2024 Contra Costa County Civil Grand Jury Foreperson Antioch City Council
Bessie Marie Scott, City Manager
Thomas Lloyd Smith, City Attorney, City of Antioch