ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
March 28, 2000
City Council Chambers
Mayor Rocha called the meeting to order at 7:03P.M., and City Clerk Martin called the roll with all members present.
PLEDGE OF ALLEGIANCE
Council Member Davis led the audience in the Pledge of Allegiance.
Season for Nonviolence, January 30BApril 4, 2000
Cesar Chavez Day, March 31, 2000
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Proclamations.
Council Member Davis presented the Proclamation to Carmen Williams proclaiming January 30BApril 4, 2000 as the "Season for Nonviolence." Mayor Rocha noted the month of April would be dedicated to nonviolence for children and the City would donate trees for those children who have met death from violence. Carmen Williams accepted the proclamation in honor of her son's birthday whose death was due to violence. She noted there would be a peace walk at the Concord Police Station on April 2, 2000 from 1:00 P.m. to 3:00 P.M.
Mayor Rocha stated Los Medanos College would observe Cesar Chavez Day on March 31, 2000, noting Council Member Soliz would attend and represent the City Council.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Mike Malody announced the 2000 Antioch Mayor's Prayer Breakfast on Thursday, April 13, 2000 at 7:00A.M. at Humphrey's on the Delta. He noted the key speaker would be Arlene Kaiser, Ed. D. and encouraged everyone to attend.
Don Peckham discussed a Public Hearing item from the March 14, 2000 City Council meeting. He explained the item had been continued on March 13, and feared it would be continued again. City Attorney Galstan confirmed the item would be heard; he further explained written comments could always be submitted to Council on any item.
Roy Peacock, representing East County Ministries, thanked the City Council for the privilege of organizing the Antioch Mayor's Prayer Breakfast. He stated they pray for the Council Members regularly. He announced 100 tickets had been sold for the breakfast. On behalf of the Nationwide Prayer Breakfast Network and East County Ministries he presented the City Council with a certificate recognizing Antioch as a City of Distinction.
Douglas Tokes discussed the recent Duck Club tulle burns on neighboring islands stating, it was an ongoing problem for the City of Antioch as no notification was given.
Elvin Scott gave an update on his organization's attempt to protect the pensions of all people. He noted all information would be available on his website.
Lynette Shahraz stated her six year old granddaughter was hospitalized for asthma the day of the controlled burn, noting they would have kept her indoors had they been notified. She stated she had gone through proper channels and received permission from Ms. Schadek to use the overhead projector. She was notified by Mr. Ward who stated Mr. Ramsey had rescinded permission for her use of the projector, which she had planned to use to disclose information on the proposed implementation plan.
City Manager Ramsey stated in reviewing past practice involving public use of City equipment at Council meetings it was clear the such use required staff and/or Council time for censuring of the material. He further noted he had offered to make copies of the material for the City Council and audience's review; it would up to Council=s discretion whether or not to view the slides.
Council Member Sudario felt the City owed it to the Ms. Shahraz to show the material she had prepared. Council Member Freitas suggested this item be held at the end public comments.
Jean Kuberra requested a prayer to save the wildlife. She quoted Government Code'36813 regarding rules of conduct at City Council proceedings and punishment for disorderly behavior. She stated the statute should address definitions of disorderly behavior and the punishment and the due process available to the accused.
Tom Rood, speaking on behalf of the Antioch Police Commission, presented crime prevention tips of the month. He reviewed a brochure available from the Antioch Police Department on procedures to keep homes and valuables secure while on vacation. He encouraged all citizens to have a Neighborhood Watch Program.
Following discussion, the City Council agreed to allow Ms. Shahraz use of the overhead projector. Council Member Freitas requested this item be agendized to develop a procedure.
City Manager Ramsey stated Items #13B16 had been continued at the request of the applicant, Donahue Schriber. He stated these items would be discussed at the appropriate time on the agenda and noted staff would recommend continuing these items to allow additional time to respond to issues raised in a letter from C & L Holdings.
Michael Hassen, attorney for C & L Holdings, thanked Mr. Galstan and Mr. Ramsey for notifying him these items may be continued. He stated the project and proposal are flawed and recommended tabling this item.
COUNCIL REGULAR AGENDA
Natalie Miladinovich, Assistant Field Representative to Congresswoman Tauscher, thanked the City Council and Mayor Rocha for the opportunity to address them. She gave an update on Congresswoman Tauscher's work on her Transportation Action Plan for East County, a bill allowing police departments to apply for grants for bullet-proof vests, and sponsored two high school students from the community to attend the voices against violence conference in Washington D.C. with a diversity training sponsored on Martin Luther King Day in Antioch. She stated they are informing everyone of the importance of Census 2000 and how vital it is to the government everyone is counted.
Mayor Rocha thanked Congresswoman Tauscher for addressing East County's concerns regarding the BART extension to San Jose.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously received and filed the report.
Alan Smith, Chairperson of the Contra Costa Library Commission, gave a brief overhead presentation on the current status of the Contra Costa Library system informing the community on the issues of funding and service. He discussed the Library Bond Act for the renovation and construction of libraries with emphasis on joint use and partnerships with schools.
Council Member Freitas stated he would be attending a meeting regarding the Antioch Branch Library's attempt to access some of the funds from the Library Bond Act.
Mr. Smith stated there would be a measure on the ballot in November for a 1/8 cent sales tax for eight years designed to provide more hours of service, books, and materials.
In response to Allen Payton's question regarding efforts to go after the State budget surplus funds, Mr. Smith stated many elected officials have been trying to obtain those funds. Mr. Payton stated he supports a regional library facility for East County at Prewett Park.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council voted unanimously to receive and file the report.
Mayor Rocha declared a recess at 8:00 P.M., the meeting reconvened at 8:18 P.M., with all Members present.
Community Development Director Ward presented the staff report dated March 22, 2000, recommending that the City Council adopt the Resolution approving the West Rivertown District Urban Design Concept Plan. He clarified for Council Member Sudario, the 20% redevelopment set- aside would be used to provide or maintain affordable housing only and the fund is now approximately $1M.
Cathy Mershel, Executive Director of Eden Housing, thanked everyone that has worked with them and participated in the community planning process. She introduced Linda Mandilini, Director of Real Estate Development Department and Marian Gushigan Associate Director, available to answer any questions.
Rick Williams stated it has been fun working with the community and city on this project and he presented urban design concept plan and diagrams for the City Council to review.
He noted a childcare establishment and community room were discussed and he will incorporate them into the document.
Council Member Freitas stated the citizens that have participated deserve a lot of credit, noting this exciting prospect for the downtown area. He noted he supports the removal and replacement of the telephone poles with underground utilities and the mixed uses. He commended everyone involved and encouraged them to move forward.
In response to Council Member Sudario's concerns regarding funding of the mixed-use projects, Community Development Director Ward noted they could involve a combination of set-aside funds for the housing portion and private sector funds for the commercial portion. He further noted no one has contacted him from the private sector to fund this plan.
Council Member Soliz voiced his thanks and gave credit for this project go to the neighborhood and Mr. Williams for contributing their ideas and presenting the design.
Council Member Sudario clarified that redevelopment set-aside can only be used for low- to moderate-income housing.
Mayor Rocha opened the public hearing
Rick Carraher, President of Antioch Rivertown Business Association, voiced their support for the conceptual plan, noting this project is a welcome improvement to the Waterfront area. He stated an attractive residential community is essential to make the Rivertown Renaissance a reality.
Planning Commissioner Anderson stated she attended the community meetings and noted the participation and input from the community was gratifying. She voiced her support for this project and urged the City Council to adopt it.
Jim Conley speaking on behalf of himself, stated he supports the project and is in favor of the concept. He urged the City to move forward and suggested the City look at low-income employees of the City and School District as priority members of this area.
Lynette Shahraz expressed concern for the $15,000 spent on this conceptual plan, stating she feels the City should focus on and meet low- and very low-income requirements in the proposed implementation plan before the City approves any more housing.
Mayor Rocha closed the public hearing.
Council Member Sudario stated the City is rewarding owners of dilapidated properties that should be fined and corrected through the legal process. She noted this money could go toward low-interest loans to renovate existing properties.
Mayor Rocha stated this area has been discussed for awhile and eliminating the blight to make the area worthwhile for the community is the proposal coming from the community.
Council Member Soliz voiced his support for the plan, stating the units purchased for demolition could not be renovated and the City needs to clean-up the downtown on behalf of the residents that live in the area. He urged the City Council to support the proposal.
Council Member Davis stated this plan is to help the City and residents of the area. He noted the Eden Housing Bungalows and San Jose Apartments would fit in very well in Antioch. He thanked the residents for their participation.
City Attorney Galstan noted there is a typographical error on the Resolution referring to the Development Agency, which will be corrected to say the City.
RESOLUTION NO. 2000-34
On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the Resolution. The motion carried the following vote:
AYES: Davis, Soliz, Freitas, Rocha
City Attorney Galstan presented the staff report dated March 21, 2000, recommending that Council A) Introduce the Ordinance by title only; B) Introduce the Ordinance adding Section 9-5.3832 to the Antioch Municipal Code, and staying enforcement pending injunction issued by federal court.
In response to Council Member Soliz, City Attorney Galstan stated there was a lot of evidence regarding methadone clinics and with the time constraints for research, they have limited the Ordinance to that particular use. Council Member Freitas suggested the City be proactive and come forward with another Ordinance regarding other substance abuse programs and where they should be sited.
Council Member Soliz stated the City suggested viable alternatives to this location and added he hopes the courts will review all the evidence sent forward.
On motion by Council Member Sudario, seconded by Council Member Soliz, the Council voted unanimously to A) Introduce the Ordinance by title only; B) Introduce the Ordinance adding Section 9-5.3832 to the Antioch Municipal Code, and staying enforcement pending injunction issued by federal court.
Mayor Rocha declared a recess at 9:19 P.M., the meeting reconvened at 9:29 P.M., with all Members present.
Administrative Analyst I Heller presented the staff report dated March 21, 2000, recommending that Council A) Approval of the attached Resolution authorizing the City to amend the 1999-2000 Program Year CDBG Annual Plan to provide $55,000 for pre-development and/or construction costs associated with the East County Transitional Housing Center ($50,000) and the Sidewalk Repair Program ($5,000); and B) Approve the attached Resolution authorizing the City to amend the 1999-2000 Program Year CDBG Annual Plan to allow the Antioch Partnership for Quality Child Care to utilize funds to secure furnishings for childcare centers at school sites.
Council Member Freitas stated he would not make a motion to approve the East County Transitional Housing Center until he finds out what the other East County jurisdictions are doing. Mr. Heller stated the City of Brentwood has committed to $30,000, Pittsburg is in the process of reviewing a request for $250,000 in construction funds, the County's Home Program is providing approximately $545,000 toward the program, Concord made provisions to provide $10,000.
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously approved allocation of $5,000 to the sidewalk repair program.
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously continued the proposal to allocate funds to East County Transitional Housing ($50,000) until April 25, 2000.
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council approved the proposal to allocate funds to the Antioch Partnership for Quality Child Care ($4,900). The motion carried the following vote:
AYES: Freitas, Davis, Soliz, Rocha
Mayor Rocha adjourned to the Antioch Redevelopment Agency.
Community Development Director Ward presented the staff report dated March 21, 2000, recommending that the Agency adopt the Resolution approving the Implementation Plan for the Antioch Development Agency 1999/2000-2003/2004.
Mayor Rocha opened the public hearing.
Don Peckham discussed his property and interest in participating in the agreement entered into on December 8, 2000, with the Richard T. Loewke plan for the East 18th Street Specific Plan. He stated he needs to know if his property is a targeted blight area noting he would like to address some cosmetics on the west side when the street is improved. He requested being kept apprised of further information on this Plan and particularly in the area of blight. He thanked the City Council for their support.
Lynette Shahraz stated the implementation of this Plan would affect the quality of life in Antioch for the next 5-15 years, adding there are legal loopholes for financing this Plan. She added this Plan does not replace low- and very low-income housing. She stated all three project areas have no funds to meet housing requirements. She suggested the plan reflect a method to pay off existing housing deficit without tying to further development unless it is meeting the replacement housing requirement.
William Leroy discussed redevelopment and government funds going toward repaying campaign contributions. He stated redevelopment is a debt against the children that benefits developers and builders. He urged the City Council to stop redevelopment in Antioch.
Mayor Rocha closed the public hearing.
Council Member Sudario stated the City is in debt in the redevelopment zone and the solution is to stop redevelopment to review ways to pay off the bond debt.
On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the Resolution. The motion carried the following vote:
AYES: Freitas, Davis, Soliz, Rocha
Mayor Rocha adjourned from the Redevelopment Agency.
Finance Director Tasker presented the staff report March 9, 2000, recommending that the Council continue with the current practice of allowing the City Manager to administer the addition of promotional materials mailed with City of Antioch water bills.
In response to Council Member Sudario's concerns regarding this item being agendized properly, City Attorney Galstan stated this item is agendized properly noting it is a discussion on policy.
LaMont Campbell, representing Hospice of Contra Costa, stated if approved his non-profit agency would like to be a part of this mailing noting additional funds could facilitate the services they provide to the community.
Allen Payton stated the water bill allows non-profits to get out their information to the ratepayers at a low cost. He urged the City Council's support.
Patty Chan, Antioch Librarian, voiced her support for the non-profit mailings, noting the Friends of the Library can use the funding for extra materials, hours, and programs for children and seniors. She stated she appreciates the consideration of the proposal.
Linda Locke, representing the Antioch Regional Theatre, stated the water bill inserts are a powerful tool and thanked the City Council for the opportunity to use them to advertise their productions.
Jean Kuberra expressed concern that the distribution of funds collected by Mr. Payton, and the endorsement of the City of the solicitation while using taxpayers money. She suggested direct contributions.
City Manager Ramsey discussed the criteria developed by staff and the process currently in place noting the recommendation from staff is to continue to follow those criteria.
Mr. Payton clarified the checks would be written directly to the organization the donation is for, or if more then one donation is sent it would be written to the community fund to distribute. He stated the funds would not be used by the "Meeting the Need" foundation personally.
City Manager Ramsey clarified staff does not recommend that the Council would approve a procedure where a specific amount of insertions are guaranteed to this or any other organization or give this organization priority over other community non-profit organizations.
Council Member Sudario read the letter included in the staff report from Barbara Herendeen. She added she does not support soliciting funds in a water bill and suggested non-profits provide their own mailings without a third party.
Council Member Soliz stated the decision before the City Council is to continue with the practice of having the City Manager administer the policy of promotional materials.
On motion by Council Member Soliz, seconded by Council Member Davis, the Council approved continuing with the current practice of allowing the City Manager to administer addition of promotional materials mailed with City of Antioch water bills, with the exception of unusual events or direct solicitation to be brought to the City Council for approval. The motion carried the following vote:
AYES: Freitas, Davis, Soliz, Rocha
Director of Public Works Brandt presented the staff report dated March 22, 2000, recommending that the City Council adopt the attached resolution establishing a policy for connection to the sewer system when street projects extend the main line.
Council Member Sudario stated there are no health and safety violations regarding the septic tanks and she voted no on the sewer system with the citizens and businesses in the area. She noted McBail wants the sewer system for his development and has not contributed financially to the sewer. Mr. Brandt clarified the Council approved through the Capital Improvement Program the construction of East 18th Street from Highway 160 to Viera Avenue and when the road is built the sewer needs to go under it. He stated part of this project is bringing the sewer laterals to the property line and the consideration tonight is the deferral of the connection until there is a need as determined by himself and/or the Health Department. Council Member Sudario stated that when these property owners were annexed in from Oakley the agreement was they would not be annexed into Antioch's sewer and water district without their consent and a vote by the property owners.
City Attorney Galstan clarified the City needs to acquire a strip of property from each parcel on the map in order to widen the street and each owner has agreed the City is paying a fair value for the property and therefore they are requesting waving the requirement of the Code so property owners are not forced to hook up to the sewer.
Council Member Freitas expressed concern there are no parameters in the Ordinance. Director of Public Works Brandt suggested with the City Council's authorization he could write a letter to the Health Department notifying them the sewer will be installed, and he will be checking with them periodically to confirm there is on-going need for a connection for any one of those properties that are within 200 feet of the sewer, with a follow-up annual letter advising them of the check. He requested the City Clerk put this item on her annual calendar. Council Member Freitas requested property owners be given a cost estimate for the initial buy-in and a 5- and 10-year projected cost. Director of Public Works Brandt suggested writing a letter to each property owner with information on the deferred connection and projected cost of connecting to the sewer system. He noted he would provide the City Council with copies of the letters to various agencies and property owners.
Council Member Sudario stated she cannot support the motion, noting it was part of the property owners annexation agreement that they would chose to be a part of the Antioch sewer and water system.
RESOLUTION NO. 2000/32
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council adopted the Resolution with the following changes: A) Annual certifications by the Health Department verifying there are no contaminates in the ground water; and B) Each property owner will receive a letter detailing the potential increase in cost should they chose to delay their sewer hookup to a later date. The motion passed with the following vote:
AYES: Freitas, Soliz, Davis and Rocha
Council Member Davis excused himself from this item for possible conflict of interest, and stepped down from the dais.
Assistant to the City Manager Bill Gegg presented the staff report dated March 14, 2000, recommending that the City Council adopt the Resolution approving the street name change to Somersville Road north of the Southern Pacific Railroad crossing, to Auto Center Drive.
Council Member Sudario suggested every business submit a bill and invoice to the City for the actual cost of changing their advertising, ads, etc. so the City can reimburse them.
City Attorney Galstan stated Mr. Nokes has signed the agreement and could possibly file a lawsuit against the City if the street name provision is not met. He noted the City has used its "best efforts" to accomplish the street name change.
Council Member Sudario stated she does not support the street name change, citing it causes a hardship for the existing businesses.
Frank ???? voiced his opposition to the name change, stating Somersville Road is pivotal to the history of the area.
Allen Payton stated the name of Somersville Road should be changed all the way to the freeway, noting Pittsburg can help in cooperative economic development by allowing the name change. He suggested both name be displayed for a while as a transition period to eliminate confusion. He noted he supports reimbursing businesses the actual cost of the change-over of their stationary.
Rick Carraher, who did not wish to speak, submitted written comments stating his support for the renaming of Somersville Road in recognition of the significant contribution of the Antioch Auto Center has made to the community, noting the historical signage to Somersville Road lies to the south and not this specific area.
Mayor Rocha acknowledged the Canteen's letter in opposition.
Council Member Soliz stated there is merit in renaming the portion of Somersville between the freeway and the railroad tracks, and suggested discussing the issue with Pittsburg in greater detail in how that might prove to be a benefit. He noted the business contributes a lot of money to the City's revenues and completing the process is responsible.
Council Member Freitas stated he is not convinced that renaming Somersville Road is going to benefit the sales. He noted the City of Antioch has approved the agreement and the City is obligated to fulfill their obligation.
Council Member Sudario clarified the agreement between Mr. Nokes and the City of Antioch. She noted she does not support the motion to impact other businesses on Somersville Road.
RESOLUTION NO. 2000/33
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council adopted the Resolution. The motion carried the following vote:
AYES: Freitas, Soliz, Rocha NOES: Sudario
Assistant City Attorney Chaumette presented the staff report dated March 22, 2000, recommending authorizing appointment of steering committee to explore the feasibility of a non-profit corporation for arts and cultural programs.
Council Member Davis stated he will not be supporting the motion, noting when the Arts Commission was disbanded it was understood it would come back this year as a Commission.
Council Member Sudario stated the Commission was formed by the City voted on by the citizens. She noted if a non-profit is formed it should go before a vote of the people.
Council Member Soliz.stated there was no mention of an Arts Commission on the ballot measure noting they approved the motel occupancy tax.
Mr. Tasker clarified the carryover as of the end of this year will be $109,630 after the projected expenditures.
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council authorized appointment of a steering committee to explore the feasibility of a non-profit corporation for arts and cultural programs.
AYES: Freitas, Soliz and Rocha
NOES: Davis and Sudario
City Attorney Galstan presented the staff report dated March 8, 2000, recommending the Council take no action.
Council Member Sudario stated she reviewed the tape and saw no disorderly conduct, reason for removal or disruption. She noted Ms. Kuberra received no warning and was removed, which is a violation of her constitutional rights.
Jean Kuberra discussed her Brown Act Compliant stating she voluntarily left the meeting, noting no crime of disorderly conduct occurred. "I stated I was leaving and left, so the Code is not applicable to me. "
On motion by Council Member Soliz, seconded by Council Member Davis, the Council agreed to take no action with the following vote:
AYES: Freitas, Soliz, Davis and Rocha
With no comments, the Council unanimously voted to receive and file this report.
- APPROVAL OF AGENCY MINUTES February 22, 2000
- APPROVAL OF AGENCY WARRANTS
- APPROVAL OF COUNCIL MINUTES February 15, and 22, 2000
- APPROVAL OF COUNCIL WARRANTS
- APPROVAL OF TREASURER'S REPORT February 2000
- RESOLUTION 2000/38 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR THE CAVALLO ROAD SANITARY SEWER PROJECT, PHASE 2 (PW 83-S2)
- RESOLUTIONS 2000/39 AND 2000/40 ESTABLISHING THE RATE PER EQUIVALENT RUNOFF UNIT FOR FY 2000/2001 AND REQUESTING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT AN ANNUAL PARCEL ASSESSMENT FOR DRAINAGE MAINTENANCE AND THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING THE FIRST AMENDMENT TO THE CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (1998-2003)
- RESOLUTIONS 2000/41 AND 2000/42 APPROVING ENTRANCE IMPROVEMENT AGREEMENTS WITH MONUMENT CAR PARTS AND BIZI MART FOR A TRAFFIC SIGNAL AT THE ENTRANCE TO THE COMMERCIAL PROPERTIES ON DELTA FAIR BOULEVARD AT FAIRVIEW DRIVE (PW 636-2)
- RESOLUTION 2000/43 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF DELTA FAIR BOULEVARD AND FAIRVIEW DRIVE (PW 636-2)
- RESOLUTION 2000/44 ASSIGNING THE POSITION OF ADMINISTRATIVE ANALYST TO REPRESENTATIONAL UNIT IV, ANTIOCH CITY EMPLOYEES ASSOCIATION
Lynette Shahraz felt the agenda items were not clearly defined on the agenda, and requested the wording be more clear.
Joel Mets stated it would be more advantageous for the public to be able to speak on agenda items after a motion was made, enabling the public to speak specifically to the action being considered.
Mayor Rocha reported the success of the trip to Sacramento to protest BART approving construction of a station outside the district boundaries before coming to Antioch. the protest was initiated at the direction of Council and the Mayors' Conference. she stated 10 people met with officials from Sacramento and were told it was the first time they had heard from East Contra Costa County, and urged East County to be more vocal. The East County representatives also requested that BART schedule an open meeting.
Reminder that the April 4, 2000 Work Session on CALPINE is scheduled for 7:00 P.M.
With no further business, Mayor Rocha adjourned the meeting at 12:00 A.M.