ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY

MEETING MINUTES
Regular Meeting

March 14, 2000
7:00 p.m.
City Council Chambers

Mayor Pro Tem Davis called the Closed Session to order at 6:00 P.M. noting Mayor Rocha and Council Member Sudario were absent. The Council Members present reconvened to Closed Session.

CLOSED SESSION #1PUBLIC EMPLOYEE APPOINTMENT, Chief of Police. This Closed Session is authorized by Government Code 54957.

CLOSED SESSION #2CONFERENCE WITH LEGAL COUNSEL PENDING LITIGATION/ANTICIPATED LITIGATION. Matter of cable television discount rate for eligible senior citizens. This Closed Session is authorized by Government Code 54956.9(a)(c).

Mayor Pro Tem Davis called the meeting to order at 7:00 P.M., and City Clerk Martin called the roll.

Present: Council Members Freitas, Soliz and Mayor Pro Tem Davis

Absent: Council Member Sudario and Mayor Rocha

City Manager Ramsey noted Council Member Sudario was absent due to illness. He further noted Mayor Rocha was out of state on business.

Reporting on the Closed Session, City Manager Ramsey announced the City Council had accepted his recommendation to appoint Mr. Moczulski as Police Chief of Antioch. He stated Mr. Moczulski processed all the qualities to fulfill the position. Police Chief Moczulski thanked the City Council and Mr. Ramsey for their support and noted his commitment to strive for quality leadership and service.

City Attorney Galstan reported the City Council vote in Closed Session to appoint Mr. Moczulski was unanimous 3-0 in favor. He further reported a settlement had been reached in the dispute between the City and the Cable Television Company. The dispute had revolved around the City’s senior citizens' cable rate and eligibility requirements. The resulting settlement entitles those eligible seniors to receive 15 months of free cable service. He noted the cable company would be required to provide regular audits insuring the rebate for those seniors no longer residing in Antioch would be given to the Antioch Senior Program. This item was unanimously approved in Closed Session by a 3-0 vote.

PLEDGE OF ALLEGIANCE

Council Member Davis led the Council and audience in the Pledge of Allegiance.

PRESENTATION: Manny Romo’s selection to National Bocce Ball Team representing the USA.

Council Member Freitas congratulated Mr. Romo for having been selected to represent the United States of America at the World Federation Bocce Ball Tournament in South Africa and presented him with a plaque on behalf of the citizens in Antioch. Mr. Romo thanked the City Council for the plaque noting he was proud to have represented the United States of America in South Africa.

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Mike Malody announced the Antioch Mayor's Prayer Breakfast on April 13, 2000 at 7:00 A.M., noting this year's speaker would be Dr. Arlene Kaiser.

Ingrid Gelhaus, representing St. Jude Children's Research Hospital and Solar Swim and Gym, announced The Workout Against Childhood Cancer on March 18, 2000 from 9:00 A.M. to 5:00 P.M.

PUBLIC COMMENTS

Smoky Jones felt the City was not adhering to the Hillside Ordinance created to insure the preservation of hillside areas in southeast Antioch, and expressed his concern.

David Ridolfi, referring to a project approved at the meeting of February 22, 2000, on the southern corner of Lone Tree Way and Golf Course Road, expressed his concern regarding the underground gas tanks being within 300 feet of the water reservoir. He stated he did not believe the residents were notified of the impacts to their neighborhood regarding this project. He further suggested the City Council look at the river and railroad transportation system to attract industry to Antioch.

John Capolungo stated his home is right behind the skate park and was concerned about the noise impact to his neighborhood. He requested the City Council consider constructing a soundwall to mitigate the noise.

Hilda Parham voiced her disappointment at having received only three return calls from Council Members although she had requested each member to return her call. She felt it was the duty of all Council Members to return calls to the public. She then stated she had not been notified of the project at Lone Tree Way and Golf Course Road and expressed her concern for the exposure of the water reservoir to the gas station.

Dimitri Barakos, President of the Antioch Police Officers Association, expressed the APOA’s support and endorsement of the appointment of Mark Moczulski as Chief of Police.

Jean Kuberra discussed her constitutional rights, freedom of speech and speaking times allowed to public officials. She felt allowing the speaker, Tom Torlakson, to speak for 22 minutes was a part of his political campaign with the taxpayers footing the bill.

COUNCIL REGULAR AGENDA

  1. APPROVAL OF PLAQUE FOR FISHING PIER DEDICATION TO U.E. "COMPY" COMPOMIZZO AND ESTABLISHMENT OF A DATE FOR DEDICATION

Public Works Director Brandt presented the staff report dated March 3, 2000, recommending the City Council approve the plaque design, direct staff as to the desired location, and establish July 4, 2000 as the date for dedication.

Mr. Compomizzo stated his family was honored and pleased with the proposed plan. He gave a brief report on the river bottom clean-up funds.

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council approved the plague design, location and established July 4, 2000 as the date for dedication with the addition of quotation marks "GET HOOKED ON FISHING, NOT DRUGS."  The motion carried by the following vote:

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

  1. AUTHORIZATION OF $5000 TO THE AFRICAN AMERICAN ACADEMIC ACHIEVEMENT (4 AC) COMMITTEE TO ASSIST WITH START UP COSTS FOR SUPPLIES AND EQUIPMENT

Assistant to the City Manager Gegg presented the staff report dated March 9, 2000, recommending Council authorize $5000 to be used by 4 AC, to assist with the start-up cost of supplies and equipment necessary to continue the program.

Council Member Soliz suggested the 4AC contact the Chamber of Commerce to request a list of needed items be published in their newsletter.

Council Member Freitas suggested an insert in the water bill to solicit donations. He commended Mr. Kilbourne for his outstanding job and noted 4AC had proven itself to the City of Antioch. He encouraged the organization to continue moving forward.

Council Member Soliz thanked Mr. Kilbourne for his dedication to the program.

Mayor Pro Tem Davis thanked Mr. Kilbourne and Mr. Shade for their efforts to make this program successful.

On motion by Council Member Freitas, seconded by Council Member Soliz the City Council approved authorization of $5000 to 4 AC. The motion carried the following vote:

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

Mr. Kilbourne speaking on behalf of 4 AC thanked the City Council for their contribution to the program. He also thanked the program volunteers for their support.

Mr. Shade thanked Mr. Ramsey on behalf of the students. He stated the organization was making an effort to raise more funds for 4 AC, and requested the City Council write a letter of recommendation, noting the City had given their support to this program.

  1. PROPOSED EXTENSION OF PACHECO BROTHERS PARK MAINTENANCE SERVICE CONTRACT TO JULY 1, 2003

Public Works Deputy Director Harrington presented the staff report dated March 14, 2000, recommending the City Council direct Public Works staff to negotiate a two-year extension of the existing Park Maintenance Service Contract, Number 988-0106-98F, with Pacheco Brothers Gardening, Inc.

Council Member Soliz stated funding and financing of this service needs to be resolved and this extension presented an opportunity to devise a plan to maintain financing of this process.

Hilda Parham stated the large slopes surrounding her housing tract were not being maintained and expressed her concern.

Mr. Harrington clarified the area of Ms. Parham’s concern was part of the Lighting and Landscape area maintained by the City and staff would be happy to meet with Ms. Parham to see the area in question.

On motion by Council Member Soliz, seconded by Council Member Freitas, a motion was made to extend Pacheco Brothers Park Maintenance Service contract to July 1, 2003. The motion carried by the following vote:

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

PUBLIC HEARINGS

  1. THE CITY COUNCIL WILL CONSIDER THE ADOPTION OF AN ORDINANCE TO REQUIRE AUGMENTED NOTIFICATION TO NEW HOME BUYERS CONCERNING THE REGIONAL TRAFFIC PROBLEMS FACING THE CITY AS WELL AS SCHOOL OVERCROWDING ISSUES AND RESOLUTION ESTABLISHING LANGUAGE FOR NEW RESIDENTIAL DISCLOSURES REGARDING TRAFFIC AND SCHOOL CAPACITY

Community Development Deputy Director Carniglia presented the staff report dated March 8,2000, recommending the City Council A) Introduce the Ordinance by title only; B) Introduce the Ordinance adding Section 8-14.02 to the Antioch Municipal Code, dealing with disclosures for new residential units; OR Introduce the Ordinance adding Section 8-14.02 to the Antioch Municipal Code, dealing with disclosures for both new and existing residential units, and; C) Adopt a Resolution establishing language for residential disclosures regarding traffic and school capacity.

OPPONENTS

Jim Conley stated he disagreed with staff on the need for disclosure to new residential homes noting he believed this would divide the City if not applied to all home sales.

Nancy Duarte felt this disclosure created negative press for the City and would result in lowering property values. She suggested the City look at a more positive approach.

Kevin Brady stated disclosure statements identified flaws with for sale properties and felt the City should not be advertising its weaknesses; therefore rejecting this Ordinance was in the best interest of the City, realtors, builders, local businesses, and homeowners.

Darlyne Houk, speaking on behalf of the Contra Costa Association of Realtors, stated their opposition to applying this Ordinance to resale homes. She presented the City Council with a list of current disclosures and the format to be used by cities for a local disclosure.

Mark Pryor spoke in opposition to the proposal requiring residential resale notification for traffic and school overcrowding problems. He presented the City Council with a current list of disclosures and expressed his concern for uniform utilization, enforcement, and potential liability.

Frank Greaney provided written comments in opposition suggesting the possibility of programs put into place to assist in the preparation of growth.

John Bedford, representing the Delta Association of Realtors, urged the City Council not to include resale homes in this Ordinance stating it would be repetitive.

Jean Kuberra stated this Ordinance was unconstitutional and would take away the property rights of homeowners.

Hilda Parham stated she felt potential homebuyers should be responsible to research the situation of the schools and traffic issues for themselves.

PROPONENTS

Lynn Macini stated she had received false information from the developer of her home at the time of purchase and felt it was the developer's responsibility to disclose.

Tom McNell expressed regrets for Mr. Ramos not being able to attend tonight's meeting. He spoke in favor of the resolution and against it applying to the resale of existing homes. He noted developers had misled residents on the school situation and traffic issues.

Sue Fendley felt the time had arrived for the developers to be responsible for disclosure of local traffic and school issues.

GENERAL

Allen Payton stated a positive approach should be taken and suggested requiring the new home sales representatives to attend an annual certification course sponsored by the City that would keep them apprised of parks, open space, and future development issues.

Council Member Soliz spoke in opposition to the Ordinance stating it would create a negative environment causing home values to decrease, selling of homes more difficult, and rent increases. He was, however, in favor of an educational mechanism for new and existing home sellers.

Council Member Freitas stated after listening to public testimony he was prepared to not support the Ordinance.

City Attorney Galstan noted there was an Ordinance currently in place to address the Mello Roos taxpayers.

Mayor Pro Tem Davis stated he was opposed to this Ordinance noting he wanted to protect the homeowners’ property values.

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council DENIED adoption of the Ordinance with direction to staff to create an Ad-hoc Committee comprised of realtors, developers, staff, and Council to create a pamphlet to be given at the time of sale to both new and used homebuyers; development of a bi-annual workshop for realtors on the state of traffic, schools, etc. The motion carried by the following vote:

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

Mayor Pro Tem Davis declared a recess at 9:00 P.M., the meeting reconvened at 9:16 P.M., with all members present or excused.

  1. GUMARO GOMEZ REQUEST AN APPEAL OF THE PLANNING COMMISSION'S DECISION DENYING THE USE PERMIT TO ALLOW THE OPERATION OF AN AUTOMOBILE REPAIR FACILITY ON AN EXISTING 2 +/- ACRE SITE LOCATED AT 901 EAST EIGHTEENTH STREET FILE: UP-99-24

Stuart Safine Attorney representing Gumaro Gomez requested a continuance of this item to be heard by full Council on April 11, 2000.

On motion by Council Member Freitas, seconded by Council Member Soliz, this item was continued to the April 11, 2000 Council meeting. The motion carried by the following vote:

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

Mayor Pro Tem Davis adjourned to the Antioch Development Agency.

AGENCY PUBLIC HEARING

  1. AMENDED IMPLEMENTATION PLAN FOR PROJECT AREAS 1, 2, 3, 4, AND 4.1 PREPARED PURSUANT TO HEALTH AND SAFETY CODE SECTION 33490. THE IMPLEMENTATION PLAN SETS FORTH THE SPECIFIC GOALS AND OBJECTIVES FOR THE PROJECT AREAS, THE SPECIFIC PROGRAMS (INCLUDING POTENTIAL PROJECTS), AND ESTIMATED EXPENDITURES PROPOSED TO BE MADE DURING THE NEXT FIVE YEARS, AND AN EXPLANATION OF HOW THE GOALS AND OBJECTIVES, PROGRAMS, AND EXPENDITURES WILL ELIMINATE BLIGHT WITHIN THE PROJECT AREAS AND IMPLEMENT THE AFFORDABLE HOUSING REQUIREMENTS OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW

City Manager Ramsey requested this item to be continued to the March 28, 2000, Agency meeting to distribute information regarding the amended Redevelopment Plan.

On motion by Agency Member Soliz, seconded by Agency Member Freitas, the Agency continued this item to the Agency meeting of March 28, 2000. The motion carried by the following vote:

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

AGENCY REGULAR AGENDA

  1. RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY OF ANTIOCH, THE ANTIOCH DEVELOPMENT AGENCY AND DONAHUE SCHRIBER FOR THE REDEVELOPMENT OF THE OLD KMART SITE ON SOMERSVILLE ROAD

  2. RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS (LOWE'S RETAIL PROJECT APN #s 074-370-016; 074-370-017; 074-370-018)

  3. RESOLUTION APPROVING A RETAINER AGREEMENT FOR LEGAL SERVICES IN RELATION TO EMINENT DOMAIN PROCEEDINGS (SYCAMORE PLAZA, LOWE'S PROJECT)

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency Regular Agenda was continued to March 28, 2000. The motion carried by the following vote:

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

  1. AGENCY CONSENT CALENDAR

  1. APPROVAL OF AGENCY MINUTES: January 25 and February 8, 2000

  2. APPROVAL OF AGENCY WARRANTS

  3. RESOLUTION APPROVING ACQUISITION OF 915 WEST FOURTH STREET

RESOLUTION NO. ADA-363

On motion by Agency Member Soliz, seconded by Agency Member Freitas, the Agency Consent Calendar was approved. The motion carried by the following vote:

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

COUNCIL REGULAR AGENDA (CONTINUED)

  1. RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ANTIOCH AND THE EAST BAY-DELTA HOUSING & FINANCE AGENCY, A JOINT POWERS AUTHORITY

Administrative Analyst Heller presented the staff report dated March 7, 2000, recommending the City Council approve the Resolution and Joint Powers Agreement to join the East Bay - Delta Housing and Finance Agency.

Dan Lopez, housing consultant to Freddie Mac, gave a brief overview of the benefits of the program for the City and potential buyers. In response to Council Member Soliz, Mr. Lopez clarified that if the original potential buyer leaves the program the Joint Powers Authority will have the ability to replace the homeowner.

Council Member Freitas stated he supports the City having an appointed voting member on the Board of Directors of the Joint Powers Authority. He requested written opinion from Bond Council regarding Article 6, Section 6.02.

RESOLUTION NO. 2000/26

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council approved the Resolution and Joint Powers Authority Agreement to join the East Bay - Delta Housing and Finance Authority with full voting rights appointing Council Member Soliz to the Board of Directors. The motion carried the following vote:

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

  1. SCHEDULE FOR THE GENERAL PLAN UPDATE

Director of Community Development Carniglia presented the staff report dated March 9, 2000, recommending that the City Council receive the information concerning the status of the City's General Plan Update, and provide comments to staff as appropriate.

Council Member Soliz encouraged staff to review ways to accelerate the timeline.

Council Member Freitas stated public participation was an important component and suggested policy to structure the public participation process.

On motion by Council Member Freitas, seconded by Council member Soliz, the City Council received and filed the report.

  1. RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT BETWEEN THE CITY OF ANTIOCH, THE ANTIOCH DEVELOPMENT AGENCY, AND DONAHUE SCHRIBER FOR THE REDEVELOPMENT OF THE OLD KMART SITE ON SOMERSVILLE ROAD

On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council continued this item to the City Council Meeting of March 28, 2000. The motion carried by the following vote:

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

  1. RESOLUTION AUTHORIZING AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE CONSTRUCTION OF THE MIRA VISTA HILLS ZONE IV RESERVOIR AND PUMP STATION

Public Works Director Brandt presented the staff report dated March 8, 2000, recommending the City Council adopt the Resolution authorizing the amendment of the Capital Improvement Program (CIP) Budget for the Mira Vista Hills Zone IV Reservoir and Pump Station.

RESOLUTION NO. 2000/27

On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council adopted the Resolution. The motion carried by the following vote:

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

  1. LEGISLATION AND ADVOCACY

On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council received and filed the report. The motion carried by the following vote:

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

  1. COUNCIL CONSENT CALENDAR

  1. APPROVAL OF COUNCIL MINUTES January 25, 27, and February 8, 2000

  2. APPROVAL OF COUNCIL WARRANTS

  3. ORDINANCE NO. 970-C-S AMENDING TITLE 9, CHAPTER 5, ARTICLE 3 OF THE ANTIOCH MUNICIPAL CODE (ZONING MAP) REZONING AN APPROXIMATE 2.52 ACRE SITE ON PROPERTY LOCATED AT THE SOUTHERN CORNER OF LONE TREE WAY AND GOLF COURSE ROAD FROM PLANNED DEVELOPMENT DISTRICT (PD) TO PLANNED DEVELOPMENT DISTRICT (PD) (PD-99-2), AND AMENDING THE SOUTHEAST ANTIOCH SPECIFIC PLAN TO REDESIGNATE AN APPROXIMATE 2.52 ACRE SITE ON PROPERTY LOCATED AT THE SOUTHERN CORNER OF LONE TREE WAY AND GOLF COURSE ROAD FROM R-6 LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL (SP-99-1) (GOLF COURSE PLAZA)

  4. REJECTION OF CLAIM - Claim of Jacek Markiewicz, #99/00-1142

  5. RESOLUTION NO. 2000/28 AUTHORIZING THE MAYOR TO SIGN A GRANT DEED OF UTILITY EASEMENTS TO PG&E AND PACIFIC BELL COMPANIES AT PARCEL I OF THE RECORDED SUBDIVISION 5653, PARCEL B OF THE RECORDED SUBDIVISION 7180 AND PARCEL G OF THE RECORDED SUBDIVISION 6262 (PW 460, PW 553-1B, PW 497)

  6. RESOLUTION NO. 2000/29 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR LONE TREE WAY PAVEMENT REHABILITATION, LONE TREE CORRIDOR ASSESSMENT DISTRICT NO. 27 (PW 555-9)

  7. RESOLUTION NO. 2000/30 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR THE SKATE PARK CONSTRUCTION AT PREWETT FAMILY PARK (PW 394-15A)

  8. CONSIDERATION OF BIDS FOR FREDERICKSON LANE WIDENING AND RECONSTRUCTION WEST OF GOLF COURSE ROAD IN REASSESSMENT DISTRICT NO. 27/31R (PW 599-A)

  9. RESOLUTION NO. 2000/31 AUTHORIZING AGREEMENT FOR ONE GARAGE SALES OFFICE CONVERSION IN BEAR RIDGE, UNIT 2 (KIPER DEVELOPMENT, INC.), TRACT NO. 7251, LOT 138 (PW #576-2)

  10. RESOLUTION ESTABLISHING POLICY FOR CONNECTION TO SEWER SYSTEM WHEN STREET PROJECTS EXTEND MAIN LINE

On motion by Council Member Freitas, seconded by Council Member Soliz the City Council Members present unanimously approved the Consent Calendar, with the exception of Items H and J, which were removed for further discussion.

ITEM H:  In response to Council Member Freitas, Public Works Director Brandt stated they had reviewed the work of DSS Company of Stockton and do not perceive any problems.

On motion by Council Member Freitas, seconded by Council Member Soliz the City Council Members present unanimously approved Consent Calendar Item H.

ITEM J:   Council Member Freitas requested this item be continued to March 28, 2000, agendized not on the consent calendar and directed staff to provide additional information to the City Council.

City Attorney Galstan stated staff would withdraw this item at this time.

PUBLIC COMMENTS - None

COUNCIL REPORTS/COMMUNICATIONS

Council Member Freitas stated the City needed to address the issue of the Hillside Ordinance and requested a report to the City Council and Planning Commission on whether or not the City is in compliance with this Ordinance, in 60-90 days. He noted the concern of groundwater contamination and surface water discharge into the municipal system from the proposed project at Lone Tree Way and Golf Course Road was legitimate and directed staff to provide a response to the City Council in 60-90 days.

Mayor Pro Tem Davis stated he had received many calls regarding a thief at the skate park and requested staff review the possibility of both lockers and a soundwall at the park.

STAFF COMMUNICATIONS - None

ADJOURNMENT

With no further business Mayor Pro Tem Davis adjourned the meeting at 10:16 P.M., to the Study Session on March 21, 2000.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk