ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY

MEETING MINUTES
Regular Meeting

May 9, 2000
7:00 p.m.
City Council Chambers

CLOSED SESSION

  1. CONFERENCE WITH LABOR NEGOTIATOR:  Agency Negotiator: Yanie Chaumette; Employee Organization: AFSCME Unit 1. This Closed Session is authorized by Government Code 54957.6.

  2. CONFERENCE WITH LEGAL COUNSEL:  Anticipated litigation. The Council will consider initiation of litigation pursuant to subdivision (c) of Government Code 54956.9.  One potential case.

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

Mayor Rocha announced City Clen Seartin had received a letter on the morning of May 9, 2000 from Council Member Sudario tendering her resignation from the City Council, adding the letter indicated the resignation was to be effective immediately. Mayor Rocha noted the City Council wished her well in her pursuits and would take up the matter of her replacement at the regular City Council meeting on May 16, 2000. Mayor Rocha thanked Mrs. Sudario for her service to the community.

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

PLEDGE OF ALLEGIANCE

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

PROCLAMATIONS

On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously approved the proclamations.

Council Member Soliz presented the Proclamation to Karen Del Purgatorio proclaiming May 10, 2000, as the Day of the Teacher. Mrs. Del Purgatorio, on behalf of the Antioch Unified School District teachers, thanked the Council for the recognition.

Council Member Davis presented the Proclamation to Captain Schwitters proclaiming May 8B12, 2000, as National Police Week. Captain Schwitters, on behalf of the Antioch Police Department, thanked the City Council for the honor.

Mayor Rocha presented the Proclamation to the Dorrian Family, honoring former Antioch Police Officer Kevin Dorrian.

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Rivertown business proprietor Thomas West announced the Antioch Rivertown Business Association was seeking participants for the Antioch 4th of July Parade, noting anyone interested in participating could fill out and return a parade application by June 17, 2000.

Gary Reiman, representing the Antioch Historical Society, announced the Historical House Tour on May 21, 2000.

Recreation Services Manager, Dave Sanderson stated the Skate Board Contest in Antioch was a success and announced the World T.E.A.M. Sports event was scheduled for Saturday, May 13, 2000 at 5:00 P.M. at Canal Park. Gina Lombardi presented the Council Members with shirts and a plaque. Mr. Sanderson noted World T.E.A.M Sports donated $300.00 toward the T.E.A.M program. Lastly, Mr. Sanderson invited the community to participate in the Mayor's Golf Tournament on June 4, 2000.

Barbara Sobalvarro, speaking on behalf of the Friends of Animal Services, announced the Be Kind to Animal celebration at the Antioch Animal Shelter on May 13, 2000 from 11:00 a.m. to 3:00 p.m.

Theresa Johnson announced the East County American Cancer Society Relay for Life 2000 on June 17-18th at Antioch High School, and encouraged the public to participate.

Mayor Rocha announced the Educational Awareness Mother's Tea at the Pittsburg City Hall on May 13, 2000.

PUBLIC COMMENTS

Ed McMunn thanked Theresa Keegan for her editorial commentary pertaining to Ralph Hernandez= allegations against the quality of Antioch=s tap water. He also thanked Council Member Freitas for sharing his insight and knowledge pertaining to Antioch's water quality. He proposed an item be agendized in the future to address the transportation problems and include discussion how to effectively assist legislators by designing a method to simplify and encourage a residential write-in campaign asking Governor Gray Davis for state assistance.

Elvin Scott announced the Federal Times Pension Debacle program on Channel 26, scheduled to start airing on Thursday May 11, 2000 at 11:00 P.M. He discussed additional information regarding pensions to be provided on his webpage.

Jim Boccio discussed recent problems he had experienced with the sewer lines and thanked Public Works Director Brandt and the Public Works employees who had upgraded the sewer line.

COUNCIL REGULAR AGENDA

  1. REACH PROJECT UPDATE REGARDING ITS YOUTH INTERVENTION PROGRAM AND COUNSELING SERVICES

Mickie Marchetti presented the Council with a brief overview and update on the activities and accomplishments of the REACH program. Shirley Marchetti thanked everyone for their continuing efforts and presented the Council Members with a pen. Mayor Rocha thanked Mrs. Marchetti for her dedication and accomplishments.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council voted unanimously to receive and file the report.

  1. LOCKERS AND BICYCLE RACK AT SKATE PARK FACILITY (PW 394-15A)

Leisure Services Deputy Director Wetmore presented the staff report dated May 2, 2000 recommending staff be directed as to Council's desired course of action.

Council Member Davis stated he felt the lockers were important and suggested a sign directing the public to use the lockers located in the lobby of the water park. Mayor Rocha suggested this item be sent back to the Youth Council for suggestions to combat the anticipated destructive behavior and theft.

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously approved providing the bike rack and referred the concept of the lockers and theft to the Youth Council for further review.

Mayor Rocha declared a recess at 8:00 P.M. The meeting reconvened at 8:06 P.M. with all members present.

PUBLIC HEARINGS

  1. RESOLUTION APPROVING AN AMENDMENT TO THE PROGRAM YEAR 1999-2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL PLAN TO ALLOCATE $50,000 IN UNEXPENDED FUNDS FOR PRE-DEVELOPMENT AND/OR CONSTRUCTION COSTS FOR THE EAST COUNTY TRANSITIONAL SHELTER 
  2. Administrative Analyst Heller presented the staff report dated May 3, 2000, recommending the City Council approve the Resolution authorizing the City to amend the 1999-2000 Program Year CDBG Annual Plan to provide $50,000 for pre-development and/or construction costs associated with the East County Transitional Housing Center.

    Mayor Rocha opened and closed the public hearing with no speakers requesting to speak.

    Windell Brewner thanked the City Council for their support.

    RESOLUTION NO. 2000/62

    On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Resolution with changes to include: "That Council would not waive any fees under its jurisdiction."

Mayor Rocha convened to joint City Council/Antioch Development Agency Public Hearing.

COUNCIL/ANTIOCH DEVELOPMENT AGENCY PUBLIC HEARING

  1. RESOLUTION APPROVING DISPOSITION, DEVELOPMENT AND LOAN AGREEMENT AND REGULATORY AGREEMENT FOR RIVERTOWN EDEN APARTMENTS BETWEEN THE CITY OF ANTIOCH/ANTIOCH DEVELOPMENT AGENCY AND THE WEST RIVERTOWN LIMITED PARTNERSHIP (EDEN HOUSING, INC., THE INITIAL GENERAL PARTNER AND/OR SUCH OTHER ENTITY THAT MAY BE NAMED IN THE AGREEMENT) FOR AGENCY AND CITY OWNED PROPERTIES LOCATED IN THE WEST RIVERTOWN AREA

Community Development Director Ward presented the staff report dated May 4, 2000, recommending the Council adopt the Resolutions approving the proposed Disposition, Development and Loan Agreement and Regulatory Agreement between the Antioch Development Agency, the City of Antioch, and Eden Rivertown Limited Partnership.

Cathryn Merchel, Executive Director of Eden Housing, stated they would build a high quality building with the amenity levels requested by the City.

Mayor Rocha opened and closed the public hearing with no speakers requesting to speak.

Discussion ensued regarding the inconsistencies in the funding amounts throughout the staff report with Community Development Director Ward clarifying the numbers in the documents were being refined for accuracy. Karen Tiederman, Goldfarb and Lippman, clarified the correct loan amount as $1,580,000 when rounded and noted the final document would be corrected to reflect same.

Marian Gushiken, project manager for Eden Housing, reviewed the budget summary.

In response to a request from Council Member Freitas, Marian Gushiken stated she would include language in the DDLA to assure public assess to the community room. Council Member Freitas voiced his support of the Planning Commission action designating development rental preference to City and School District Employees.

Council Member Freitas clarified the Agency project gap loan totals $1,579,941 and that figure would be consistent throughout the Resolutions as well as the DDLA and all other pertinent documents. He requested staff or Eden Housing provide a detailed explanation of the "indirect costs" totaling $2,051,872 and deferred development fee. Council Member Soliz requested the City Attorney review the legality and language of the preference clause.

RESOLUTION NOS. 2000/63 and ADA-369

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously adopted the Resolutions with the inclusion of language designating development rental preference to City and School District Employees and public access to the community room added to the DDLA.

Mayor Rocha declared a recess at 9:08 P.M. The meeting reconvened at 9:20 P.M. with all members present.

Mayor Rocha repeated her earlier announcement regarding a letter received by City Clerk Martin stating Council Member Sudario had resigned from the City Council effective immediately. She noted the City Council wishes her well in her pursuits and would take up the matter of her replacement at the May 16, 2000 City Council meeting. Mayor Rocha thanked Mrs. Sudario for her service to the community.

  1. OVERVIEW OF FISCAL YEAR 2000/2001 BUDGET

Finance/Leisure Services Director Tasker presented the staff report dated May 3, 2000, requesting the City Council receive and file the report. He gave a brief overview of the 2000-2001 budget.

Council Member Freitas requested a Study Session after this year's fiscal year budget was approved to develop a more "user-friendly" format of the budget and suggested Finance and Leisure Services expenses be segregated for clarity.

In response to Mayor Rocha, City Manager Ramsey noted the budget would reflect the Community and Leisure Services programs supported by General Fund contributions.

Barbara Sobalvarro speaking on behalf of the Friends of Animal Services expressed concern for the budget coming through so quickly, noting it will make it difficult to give input on their program's needs.

On motion by Council Member Soliz, seconded by Council Member Davis the Council voted unanimously to receive and file the report.

  1. ORDINANCE APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH THE MC BAIL COMPANY
  2. City Attorney Galstan presented the staff report dated May 9, 2000 recommending: a) Introduce the Ordinance by title only; and b) Introduce the Ordinance approving the First Amendment to McBail Development Agreement.

    Allen Payton requested the Council start the process of adopting a second amendment to the agreement removing the additional regulations on the commercial portion of the project's land, thus enabling the City to be competitive with Brentwood.

    On motion by Council Member Freitas, seconded by Council Member Soliz the Council unanimously approved: a) Introduce the Ordinance by title only; and b) Introduce the Ordinance approving the First Amendment to the McBail Development Agreement.

  3. RESOLUTION APPROVING REQUEST FROM "RESOURCES FOR COMMUNITY DEVELOPMENT" (RCD) FOR CITY OF ANTIOCH'S PARTICIPATION IN THE ACQUISITION/REHABILITATION OF 24 MULTI-FAMILY UNITS ON CAVALLO ROAD (PINECREST APARTMENTS)

Administrative Analyst Heller presented the staff report dated May 3, 2000, recommending the City Council adopt the resolution authorizing the use of $570,000 in CDBG Funds and authorizing the Mayor and City Council to prepare and execute all necessary documents for Resources for Community Development's (RDC) proposed acquisition and rehabilitation of Pinecrest Apartments.

Council Member Freitas stated he could not support this project noting he felt the rehabilitation cost was excessive in comparison to the relatively small benefit.

Dan Sawislak addressed Council Member Freitas' financial concerns, noting the cost per unit was market driven.

City Attorney Galstan addressed Council Member Freitas' concerns regarding the lead-based paint and asbestos, stating the City would enforce the Uniform Building and Health Codes to bring the units up to a minimum standard. He noted he would bring back a report on the regulations regarding this issue. Community Development Director Ward stated they would return with a report on locations within the City with lead-based paint and asbestos and how to address the problem.

RESOLUTION NO. 2000/61

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, Rocha
NOES: Freitas

  1. LEGISLATION AND ADVOCACY

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council voted unanimously to receive and file the report.

  1. COUNCIL CONSENT CALENDAR
  1. APPROVAL OF COUNCIL MINUTES April 4, 11, and 18, 2000

  2. APPROVAL OF COUNCIL WARRANTS

  3. REJECTION OF CLAIMS

1. Claim of Tera Paillet, #99/00-1132
2. Claim of Edith Couch, #99/00-1143
3. Claim of Samuel Saguindel, #99/00-1144
4. Claim of Sally Marie Leon, #99/00-1138
5. Claim of Michael Tennow, #99/00-1109
6. Claim of Janice Moore, #99/00-1126
7. Claim of Donald W. Gardner, #99/00-1129
8. Claim of Holiday Lodge Motel/Essex Insurance Company, #00/01-1155

  1. REPORT ON SIGNATURE OF AGREEMENTS WITH DONAHUE SCHRIBER FOR LOWE'S DEVELOPMENT AT SYCAMORE PLAZA
  2. RESOLUTION NO. 2000/64 TRANSFERRING A PORTION OF LANDSCAPE MAINTENANCE EASEMENT AND AUTHORIZING A GRANT DEED TO OWNER OF LOT 398, DALLAS RANCH, UNIT 5, TRACT 7376 (PW 580-5)

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved the Consent Calendar with the exception of Item "D," which was removed for further discussion.

ITEM D:  Mayor Rocha requested staff return to Council within 30 days with a policy regarding apprenticeship and job training in redevelopment projects. She suggested the policy be based on the policy developed by Contra Costa County.

On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously received and filed the report.

Mayor Rocha adjourned to the Antioch Development Agency.

  1. AGENCY CONSENT CALENDAR
  1. APPROVAL OF AGENCY MINUTES:  April 11, 2000

  1. APPROVAL OF AGENCY WARRANTS

On motion by Agency Member Soliz, seconded by Agency Member Davis, the Agency unanimously approved Items A and B of the Agency Consent Calendar.

AGENCY REGULAR AGENDA

  1. RESOLUTION APPROVING REQUEST FROM "RESOURCES FOR COMMUNITY DEVELOPMENT" (RCD) FOR ANTIOCH DEVELOPMENT AGENCY'S PARTICIPATION IN THE ACQUISITION/REHABILITATION OF 24 MULTI-FAMILY UNITS ON CAVALLO ROAD (PINECREST APARTMENTS)

RESOLUTION ADA-370

On motion by Agency Member Soliz, seconded by Agency Member Davis, the Agency adopted the Resolution. The motion carried the following vote:

AYES: Davis, Soliz, Rocha
NOES: Freitas

PUBLIC COMMENTS

None

COUNCIL REPORTS/COMMUNICATIONS

Council Member Freitas reported the FUA #1 Sub-committee had convened and noted bi-weekly meetings would be held starting May 15, 2000 at 7:00 P.M. in the Community Room of the Police Facility. He further stated the purpose of the Sub-committee was to formulate and make recommendations to the City Council relative to FUA #1. He invited the public to attend. He further noted discussion had begun regarding the consideration of a golf course on the property. He also announced a Transplan meeting was scheduled to meet in the Council Chambers on May 11, 2000 at 7:30 P.M., noting there would be a presentation outlining projects, costs, and timelines of several transportation issues.

Council Member Soliz reported on a series of meetings he attended with Council Member Davis, and City Manager Ramsey in Anchorage, Alaska. The event was sponsored by the Department of Commerce Economic Development Agency. The primary objective was to garner information on the logistics and processes involved in a municipality, such as Antioch, moving forward with economic development projects by applying for and the use of grants. He noted they would be submitting a proposal to the Department of Commerce for funding projects that may include a technology center, Business Park, and the establishment of a deep-water port and port authority within the City of Pittsburg. He added the joint economic efforts between the two communities are the types of projects the Department of Commerce are looking forward to funding and the funding received could be used for studies and infrastructure. City Manager Ramsey noted there would be a report on this item at the May 23, 2000 City Council meeting.

Mayor Rocha reported the next meeting of the Delta 5 would focus on economic development between cities along with the idea of working together and sharing the tax base. She noted at the Mayors' Conference on May 4, 2000 they adopted a Resolution to the Governor in support of the state budget appropriations for transportation projects in the Bay Area. She further noted they adopted a Resolution calling upon the San Francisco BART District Board of Directors to develop a policy and guidelines requiring a fair and equitable buy-in formula for any county that desires to become a part of the existing system.

STAFF COMMUNICATIONS

City Attorney Galstan gave a brief summary of the process for filling the vacancy left by the resignation of Council Member Sudario on the City Council and noted staff would have a full report and some recommendations regarding this issue at the May 16, 2000 Study Session.

City Manager Ramsey requested the Mayor adjourn to the meeting of May 16, 2000 as a regular meeting so staff can take the issue of replacement of the Council Member vacancy, adding a Study Session would follow on the budget presentation.

ADJOURNMENT

With no further business, Mayor Rocha adjourned the meeting at 10:49 P.M., to the next scheduled meeting at 7:00 P.M. on May 16, 2000.

Respectfully Submitted:
L. JOLENE MARTIN, City Clerk