ANTIOCH CITY COUNCIL

ANTIOCH DEVELOPMENT AGENCY

Meeting Minutes
March 23, 1999

Pursuant to Government Code Section 54952.2, the City Council Agenda for March 23,1999 was posted on the door of the City Council Chambers, Third and ?H? Streets on March 18,1999.

CLOSED SESSIONS - CONFERENCE WITH LABOR NEGOTIATOR. Agency Negotiator. Yanie Chaumette, Director of Personnel/Assistant City Attorney. All Employee Organizations. (Shannon Study) This Closed Session is authorized by Government Code 54957.6.

Mayor Rocha called the meeting to order at 7:08 p.m., and Deputy City Clerk Chalk called the roll.

Present: Council Members Freitas, Soliz, Davis, Sudario, and Mayor Rocha

PUBLIC COMMENTS

Jerry Lenhart advised the City Council of the rundown condition of several buildings in the downtown area of Antioch owned by Mr. Lippow. He stated that this owner is occupying a building at 619 West Sixth Street as an office without the proper permits. He further noted he had filed a complaint with Neighborhood Improvement Services   and requested that the Council help Mr. Davis in addressing  these issues and improving these buildings.

In regards to Council request, City Manager Ramsey noted Mr. Lenhart's concerns would be reviewed.

Barbara Sobalvarro, representing Friends of Animal Services, reviewed the new volunteer program and invited everyone to get involved. She noted that there would be an orientation on March 27, 1999 at the Animal Shelter from 1:30 p.m. to 3:30 p.m. She thanked Acting Chief of Police Mark Moczulski for his leadership and involvement, and thanked the City Council for their support.

Larry Howard stated he had researched previous development agreements that have included a provision for health and safety as well as a government code provision.

Jean Kuberra paid personal tribute to Wilhelmina Andrade for National Women's History Month. She reviewed Ms. Andrade's service to the community. She discussed the Mayor's duty to ensure and protect the public constitutional right to freedom of speech and free access to information about our government.

Mike Malody announced the Celebration of Easter Service at Holy Rosary Church on April 2,1999, at 12:00 p.m. and encouraged everyone to attend.

Jim Kyle, Board of Director of the Antioch Chamber of Commerce, recognized Laura Sainz, Dennis Nead, City Staff, and Committee Members for their efforts to bring the Renaissance Faire to Antioch. He encouraged community input and support at the upcoming public hearings on this issue. He announced the Chamber of Commerce Trade Show at the Antioch Fairgrounds on March 27, 1999.

Lawrence Hellstrom stated he feels an article printed in the Daily Ledger regarding a confrontation on March 9,1999 at the City Council Chambers defamed him. He read his statement regarding this matter.

Joseph James stated he had provided information at a February City Council meeting regarding the City's ability to receive federal funds to raise economic development. He noted he had researched and provided the City Council with a map identifying the specific zones in Antioch that would be available for funds for historically underutilized businesses. He discussed empowerment and enterprise zones and the benefits to enlarging the City's economic base through business.

City Manager Ramsey stated he would check into this issue and provide a report to the City Council.

PROCLAMATIONS

On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously approved the Proclamations.

Council Member Soliz presented the Proclamation to Pamela Ryan, representing the Contra Costa County Library. Ms. Ryan thanked the City Council for their support. She stated this project would include a visitation to every second grade classroom by December 2000. She invited the Council Members to watch a class of second graders receive their library cards and to take a tour.

Council Member Davis presented the Proclamation proclaiming April 12-18, 1999 as National Library Week to Patty Chan, representing the Antioch Library. Ms. Chan thanked the City Council for approving this Proclamation and invited everyone to visit the library and to see the services that they provide and the recent remodeling. She announced the Kiwanis Club of the Delta's pasta dinner on April 14,1999 to support the library.

COUNCIL CONSENT CALENDAR

  1. APPROVAL OF COUNCIL MINUTES:  February 23 and March 9, 1999

  2. APPROVAL OF COUNCIL WARRANTS

  3. REJECTION OF CLAIMS

  4. ORDINANCE 953-C-S APPROVING ASSIGNMENT OF FRANCHISE APPROVED BY ORDINANCE NO. 875-C-S (PG&E to SOUTHERN ENERGY DELTA) (Introduced 3/9/99)

  5. ORDINANCE 954-C-S AMENDING PORTIONS OF TITLE 5, CHAPTER 4 OF THE ANTIOCH MUNICIPAL CODE, DEALING WITH CARD ROOMS (Introduced 3/9/99)

  6. RESOLUTION NO. 99/24 APPROVING THE CONTRACT WITH DATA911 FOR POLICE SYSTEM UPGRADES

  7. AUTHORIZE STAFF TO ADVERTISE FOR PLANNING COMMISSION VACANCIES, TWO 4-YEAR TERMS

  8. CONSIDERATION OF BIDS FOR MISCELLANEOUS PARK FENCING AT SEVEN LOCATIONS (PW 306-4)

  9. RESOLUTION NO. 99/25 ACCEPTING WORK AND AUTHORIZING CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR CURB, GUTTER, SIDEWALK REPAIR AT MISCELLANEOUS LOCATIONS (PW 507-7)

  10. RESOLUTION NO. 99/26 APPROVING TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA21) GRANT APPLICATION FOR CONGESTION MANAGEMENT AND AIR QUALITY (CMAQ) FUNDING FOR HIGHWAY 4 CORRIDOR TRAFFIC SIGNAL COORDINATION (PW 642)

  11. RESOLUTION NO. 99/27 APPROVING A TRAFFIC SIGNAL CONSTRUCTION AGREEMENT WITH THE CITY OF BRENTWOOD FOR INSTALLATION OF A TRAFFIC SIGNAL AT LONE TREE AND EMPIRE AVENUE (PW 636-1)

  12. AUTHORIZE MAYOR TO SIGN A LETTER IN SUPPORT OF ASSEMBLYMAN TORLAKSON'S FREEWAY IMPROVEMENT PROPOSAL

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously continued Item A of the Consent Calendar to April 13, 1999.

On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously approved the Consent Calendar, with the exception of Items G, H, and L, which were removed for further discussion.

ITEM G.  Council Member Freitas amended the staff report to read, ?The terms of Planning Commissioners Mark Petersen and Robert Martin are due to expire at the end of April 1999.?

On motion by Council Member Freitas, seconded by Council Member Sudario, the Council unanimously approved Item G as amended.

ITEM H.  Council Member Sudario stated that there was a staff error and the lowest bid was lost in the mailroom. She recommended this item go out for bid again so there would not be an appearance of impropriety and bid rigging. She thanked Director of Public Works Brandt for helping her research this item.

Larry Howard supported Council Member Sudario's comment.

Director of Public Works Brandt stated that his opinion was shared by City Attorney Galstan that Arrow had fulfilled their obligation to the City and the error was on the part of the City and corrective measures will be taken. He noted that the contractor should not be penalized for the City's misappropriate handling of this bid.

City Attorney Galstan stated it would be possible for the award to be challenged and win some damages against the City. He noted since this was the City's mistake they could proceed by awarding the bid to the low bidder or reject and readvertise the bids.

Council Member Sudario motioned to reject all bids and readvertise the project. The motion died for a lack of a second.

Council Member Soliz stated the facts speak for themselves and miss steps happen. He noted this process is fair and the City needs to stick to it.

On motion by Council Member Freitas, seconded by Council Member Soliz the Council awarded the contract to Arrow Fencing in the amount of $107,680.06. The motion carried the following vote:

AYES: Soliz, Davis, Freitas, Rocha
NOES: Sudario

ITEM L.  Council Member Sudario stated she could not support this item without seeing the proposal and requested that in the future staff provide that information. She noted she would abstain from voting on this item.

Roger Henry President of the Association of Responsible Citizens stated that he urged the approval of the item, which will help speed up highway construction. He suggested that the City Council ask other cities and municipalities in the county to join in with them.

Director of Public Works Brandt stated that this letter is a response to a newspaper article and this item supports ideas and concepts contained within this article.

Reverend Anderson expressed concern that streamlining would remove and bypass what was put in place and voted on for a purpose and protection. He noted that if the Renaissance Faire comes to Antioch the impact of traffic would gridlock the City.

Council Member Soliz stated that Assemblyman Torlakson has worked on this proposal because it has been recognized the rules put in place are not working. He noted that the traffic from the Renaissance Faire would be coming on the weekend when congestion is not an issue.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Item L by the following vote:

AYES: Soliz, Davis, Freitas, Rocha
NOES: Sudario

Mayor Rocha declared a recess at 8:16 P.M., the meeting reconvened at 8:24 P.M. with all Members present.

PUBLIC HEARING

  1. URGENCY ORDINANCE EXTENDING THE EFFECTIVENESS OF ORDINANCES NOS. 938-C-S AND 941-C-S, PROHIBITING THE ISSUANCE OF PERMITS OR LICENSES AND PROHIBITING THE OPERATION OF ANY NEW METHADONE CLINIC WITHIN SPECIFIED DISTANCES OF RESIDENTIAL ZONES DURING STUDY PERIOD

City Attorney Galstan presented the staff report dated March 3,1999. Staff recommended the City Council adopt the urgency ordinance extending the prohibition of locating methadone clinics within 500 feet of residential zones.

Mayor Rocha opened the public hearing. There being no comments, the public hearing was closed.

Council Member Sudario complemented City Attorney Galstan for his work on this issue.

ORDINANCE 955-C-S

On motion by Council Member Freitas, seconded by Council Member Sudario, the Council unanimously approved this item.

COUNCIL REGULAR AGENDA

  1. UPDATE REGARDING THE REVIEW OF TWO ELECTRICAL POWER PLANTS LOCATED IN THE CITY OF PITTSBURG

Director of Public Works Brandt presented a general overview of the proposed Pittsburg District Energy Facility located at the USS-Posco Industries and Delta Energy Center located at the Dow Chemical USA complex. He discussed staff's concerns regarding air pollutants, economic development, and the use of reclaimed water.

Council Member Freitas expressed concern for the issue of scaling in regards to cooling water and the availability of water out of the Contra Costa Water District and the alternatives available.

Council Member Sudario requested that staff take under consideration the impact of FUA #2 regarding air quality during their discussions on this issue. She requested a copy of the State Department Mines and Geology letter regarding the fault line in Antioch.

Larry Howard commended the City Council for their interest in the environmental impact of the proposed power plants. He stated he would like to see the same level of concern for the environmental impacts of housing developments in Antioch.

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously received and filed this item.

  1. RESOLUTION APPROVING APPROPRIATION OF $10,000 FROM GENERAL FUND RESERVES FOR PARTICIPATION IN THE EAST CONTRA COSTA REGIONAL VISION PLANNING PROCESS

City Manager Ramsey presented the staff report dated March 17,1999. Staff recommended the City Council appropriate $10,000 from the General Fund reserves for Antioch's proportional share of the expenses related to the regional planning workshops in the East Contra Costa Region. He stated that these funds will cover the cost of a facilitator and the associates of that facilitator to design the process to be used in the public to gather input and distill it down into recommendations for the various agencies for action. He reviewed the issues that have surfaced including resource sharing, transportation, and land use planning.

Roger Henry stated that he is in favor of this proposal and these types of issues call for a united voice from the City Council. He noted that it is time Antioch looks at the bigger picture and cooperate with sister cities and have a voice at the table that will help shape opinions that will effect our future. He urged the Council to approve this expenditure.

Cary Dyer, representing the Antioch Chamber of Commerce, stated the Board of the Chamber of Commerce voted unanimously to support the City Council in this proposal. He noted that regional support would have a greater impact for these issues.

RESOLUTION 99/28

On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously adopted the resolution approving appropriation of $10,000 from General Fund reserves for participation in the East Contra Costa Regional Vision planning process.

  1. RESOLUTION APPROVING A JOB DEVELOPMENT INCENTIVE LOAN WITH MEOWTRAGEOUS

Laura Sainz, Economic Development Director presented the staff report dated March 17,1999, recommending that the City Council authorize the City Manager to enter into an agreement between Meowtrageous Kitty Cat Creations and the City of Antioch which would provide a Job Development Incentive Loan in the amount of $40,000. The principal and interest would be deferred for the four-year term of the loan, as provided in the loan program guidelines. The loan would be considered satisfied if Meowtrageous performs as specified in the performance agreement, including the retention of two jobs and the creation of 14 jobs over the four-year term of the loan. She stated the average rate for all of the jobs was $12.37 an hour.

Council Member Freitas expressed concern for the provision regarding salaries for the employees that will be making less than $12.00.  City Manager Ramsey stated if the $12.00 an hour rate was waived tonight by the City Council, staff would continue to work with the applicant to achieve this rate.

Julie Atkinson, owner of Meowtrageous, stated that the employees she will be hiring have the opportunity to grow with the company and she sees no problem with the employees reaching the hourly rate goal.

Council Member Freitas suggested adding language to this motion regarding achieving the salary goal after four years.

Cary Dyer stated he was impressed with Julie Atkinson's creations and ambition. He noted that he would rather the City take risks on homegrown people with the potential for growth. He further noted this business has everything the City could want and encouraged approval.

Reverend Anderson stated the City had set a standard of $12.00 an hour and he would like to keep it at a decent wage.

Council Member Sudario stated she cannot support this motion because there are many businesses in Antioch that need loans and government should not be investing in private industry with tax dollars. She expressed concern for the City giving away these funds after four years.

RESOLUTION 99/29

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council adopted the resolution approving a job development incentive loan with Meowtrageous, with the $12.00 average wage waived initially but at the end of the four-year period the $12.00 an hour average wage will be achieved. The motion was approved by the following vote:

AYES:  Freitas, Soliz, Davis, Rocha
NOES: Sudario

  1. LEGISLATION AND ADVOCACY

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously received and filed this item.

Mayor Rocha adjourned the meeting from the City Council to the Antioch Development Agency.

  1. AGENCY CONSENT CALENDAR

  1. APPROVAL OF AGENCY MINUTES:  February 9 and 16, 1999

On motion by Agency Member Soliz, seconded by Agency Member Freitas, the Agency unanimously continued Item A to the next regular meeting of April 13,1999.

  1. APPROVAL OF AGENCY WARRANTS

On motion by Agency Member Freitas, seconded by Agency Member Davis, the Agency unanimously approved the Agency Warrants.

PUBLIC COMMENTS

Reverend Anderson requested a public hearing regarding the Renaissance Faire. He stated he is concerned for the negative impacts this event could have on the City. City Manager Ramsey stated that the application has been received and will be reviewed by the Planning Commission and Council and there will be adequate opportunity for the public to comment on this item.

Roger Henry, President of the Association for Responsible Citizens, discussed the Citizens for Democracy's support of a growth moratorium. He supports economic development and the need to take steps to grow jobs locally with orderly planned managed growth.

Council Member Sudario stated she does not mind the City loaning businesses money at a low interest rate but she does not support giving the City's money away. She stated the reason there is no more land for commercial development is because it is being rezoned for housing.

COUNCIL COMMUNICATIONS

Council Member Davis noted that he had attended the opening day for Little League and thanked everyone involved for making it a special day for the team players. He serves on the executive board for the Chichibu Sister City Program and requested community support for the fundraisers to send the students to Japan. This is the 32nd year of the program. He noted he had attended the 5th Anniversary for Gateway Christian Center and had a wonderful time. He announced the 4th of July parade, stating there would be applications available for the parade on the internet.

Council Member Freitas informed the Council of a joint meeting with Central County and TransPlan regarding the metering of traffic on Ygnacio Valley Road and stated he will report back to the Council on this item. He announced that there would be a Pasta Dinner for the Delta Learning Center at the Antioch Senior Citizen Center on March 24,1999 to raise funds to help children read. He encouraged the community to participate.

Mayor Rocha invited everyone to attend the State of the City Lunch at Tao San Jin at 11:30 a.m, on March 24,1999.

STAFF COMMUNICATIONS

None

With no further business, Mayor Rocha adjourned the meeting at 9:30 p.m. to the City Council Work Session on March 30, 1999 at Kimball School.

Respectfully Submitted:

JANET CHALK, Deputy City Clerk

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