ANTIOCH DEVELOPMENT AGENCY
August 8, 2000
CONFERENCE WITH LEGAL
COUNSEL—Existing Litigation. BAART v. City of Antioch, U.S. 9th Circuit Court of Appeals #00-15645. This Closed Session is authorized by Government Code
CONFERENCE WITH LEGAL COUNSEL—Anticipated Litigation. The City Council will discuss the initiation of litigation (two cases). This closed session is authorized by Government Code §54956.9.
Mayor Rocha called the meeting to order at 7:09 P.M., and City Clerk Martin called the roll.
Present: Council Members Freitas, Davis, and Mayor Rocha
Absent: Council Member Soliz
Mayor Pro Tem Davis led the Council and audience in the Pledge of Allegiance.
Jean Kuberra expressed her appreciation for the publishing of the Antioch City Council agenda in the Ledger Dispatch.
Frank Palmeri announced on September 16, 2000 the Annual Coastal Clean Up Day at the Antioch Marina, Amtrak Station and Rodger's Point would be held. He noted the need for volunteers and provided contact numbers for the community.
Elvin Scott discussed his efforts in trying to schedule a public hearing with the Internal Revenue Service. He noted he would distribute two petitions in support of pension funds.
Don Peckham stated he would provide staff with written comments regarding Agenda Item #6.
Ian Goltra discussed a memo from staff and noted he was speaking tonight to correct the record. He stated the cap on new development adds a layer of 500 homes to the existing development agreements and suggested Council consider adjusting the cap accordingly. Jim Hicks requested the members of the AFSCME Maintenance Yard employees, stand in support of agendizing a presentation in Closed Session regarding the recent layoffs of two Antioch city employees.
Mayor Rocha requested this be agendized as a Closed Session on August 22, 2000.
Jean Kuberra discussed a recent water bill insert regarding Assembly Bill 2929, noting she felt the authorization to include this with the City water bill was an abuse of power for the benefit of certain political campaigns and a waste of taxpayers dollars.
APPOINTMENTS TO ANTIOCH CITY PLANNING COMMISSION TWO (2) 4-YEAR TERMS
Mayor Rocha stated she, a staff member, and a member of the Planning Commission had interviewed the applicants wishing to fill the vacancies. She stated her recommendation was to appoint David Madrigal and Joseph Weber to the Planning Commission.
On motion by Council Member Freitas, seconded by Council Member Davis, the City Council Members present unanimously appointed Mr. Madrigal and Mr. Weber to the Planning Commission.
"A" STREET EXTENSION PROJECT FINANCING (P.W. 516-A)
Public Works Director Brandt presented the staff report dated August 2, 2000,
recommending the City Council direct staff to finance the "A" Street Extension Project by borrowing funds internally.
Finance/Leisure Services Director Tasker presented a brief overview of funding mechanisms available for the extension project.
Sue Bundy representing the Citizens for Responsible Antioch Waterfront Design and Development read a statement in support of the "A" Street extension.
Rich Carraher, President of the Antioch Rivertown Business Association, stated the Association fully supports the project and are thankful for the funding mechanism.
Jim Conley voiced his support of the "A" Street extension including the innovative financing. He commended Barbara Herendeen for purchasing Harry Potter books for each Antioch Elementary School.
Jean Kuberra complimented Mr. Tasker on developing the "A" Street funding package. She questioned whether there would be shopping available and retrofitting of the downtown buildings. She suggested traffic studies, an EIR, and a public hearing to address the impacts of the project.
Council Member Freitas stated the "A" Street extension had been a priority when he was elected to the City Council, noting he felt it was the missing link for the economic revitalization of the downtown.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council Members present unanimously directed staff to finance the "A" Street Extension Project by borrowing funds internally, primarily from the water fund with repayment through the Calpine contributions.
"G" STREET RECONSTRUCTION CONSIDERATION
Public Works Deputy Director Harrington presented the staff report dated August 8, 2000, recommending Council direct Public Works staff to continue with the current Pavement Management Program, as recommended by staff and the consultant, and to defer any major rehabilitation projects on "G" Street until future funding resources become available.
Mayor Rocha stated the road improvements throughout Antioch were appreciated.
In response to Council Member Freitas, Mr. Harrington stated the “G” Street improvements could be completed within the next 5 to 15 years, and with bonding and funding through other agencies the timing could be expedited. Public Works Director Brandt added staff would return to Council in the fall with an extensive program and recommendations to upgrade many roads within the City. He discussed past Council action as it related to the use of Gas Tax Funds to provide street light funding, noting it would be brought back to Council for discussion with the Streetlight and Landscape District later this year.
On motion by Council Member Davis, seconded by Council Member Freitas, the Council Members present unanimously approved to continue with the current Pavement Management Program and defer any major rehabilitation projects on "G" Street until future funding resources become available.
Mayor Rocha declared a recess at 8:02 P.M. The meeting reconvened at 8:15 P.M. with all members present with the exception of Council Member Soliz who was absent.
RESOLUTION DECLARING THE NECESSITY OF ACQUIRING PROPERTY BY EMINENT DOMAIN FOR RIGHT-OF-WAY FOR THE EAST EIGHTEENTH STREET IMPROVEMENT PROJECT
City Attorney Galstan requested this item be continued to September 12, 2000, noting the item required 4 votes and only 3 Council Members were in attendance.
On motion by Council Member Freitas, seconded by Council Member Davis, the City Council Members present unanimously continued this item to September 12, 2000.
COUNCIL REGULAR AGENDA (Continued)
STATUS REPORT ON THE FORMATION OF NOT-FOR-PROFIT CORPORATION FOR ARTS AND CULTURAL PROGRAMS
Assistant City Attorney/Personnel Director Chaumette presented the staff report dated August 3, 2000, recommending the Council provide direction regarding the mission or operation of the independent Not-for-profit Public Benefit Section 501(c)(3) Corporation with whom the City would contract to provide arts and cultural programs in the City of Antioch.
Council Member Freitas stated conceptually, he believed in the creation of the non-profit organization. He requested a definition of Arts and Cultural Programs for guidelines. In response to Council Member Freitas, Ms. Chaumette stated the source of funding for Arts and Cultural Programs had historically been from transit occupancy tax which would continue for at least two years. At that time it would be up to Council’s discretion to determine at what extent the City’s commitment would continue.
Council Member Freitas suggested a 30/70 split for administrative costs would be adequate, stating the suggested 40% seemed high. He requested quarterly reports after the first two years. He felt it was appropriate for the City to advertise within the community to fill the appointments the Council would make to the Board of Directors. He requested Council be provided with a list of inventory transferred to the non-profit group. He requested the City’s use of the Gallery and mobile stage for six events a year at no charge be clearly stated in the non-profit charter. He suggested a goal be set for the ACFA to be self-sustaining within five years. In response to Council Member Freitas, City Manager Ramsey clarified staff's preference would be to have the accounting done by a Certified Public Account to be reviewed by the City's financial staff and auditor. Council Member Freitas requested language be inserted as to how the financial information would be provided to the City and the process the City will take to resolve disputes. City Manager Ramsey discussed the proposed composition of the Board of Directors, noting the goal would be to balance the Board by encouraging participation from citizens filling all disciplines. Council Member Freitas noted due to the timing of the draft budgetary deliberations he would request quarterly reports be due by the end of May. He suggested the document specify which years each specific term of office would expire and the document be consistent regarding the title of the Board Chairperson. He requested language regarding out- of- pocket expenses be added to the by- laws in addition to the establishment of criteria regarding project funding.
Jean Kuberra felt there was no provision for on-going public participation in this non-profit organization. She noted the formation process did not provide for public participation and feared the members of the steering committee with political orientation would be appointed to the Board.
Mayor Rocha closed the floor to Public Comment.
City Manager Ramsey stated the documents would be reformatted to reflect the direction received, circulated, and return for Council approval in September.
Council Member Davis stated he could support the motion and moving forward with the Arts Program.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council members present unanimously approved the Memorandum of Understanding between the City of Antioch and the Arts and Cultural Foundation of Antioch, and the Articles of Incorporation of the Arts and Cultural Foundation of Antioch, a California Public Benefit Corporation, and the Bylaws of the Arts and Cultural Foundation of Antioch a California Public Benefit Corporation, and the approval of the Arts and Cultural Program policy with the following changes:
The term “arts and cultural programs” should be more clearly defined.
Under Goals and Objectives: The Arts and Cultural Foundation of Antioch strive to be self-sustaining within a five-year period of time.
The City Council is responsible for the appointment of the initial seven members of the foundation and would go through a public process of soliciting membership with the City Manager in charge of appointing the ex-officio member. Five members of the Board of Directors are required to be citizens of Antioch.
That City staff will provide an inventory of all assets that are being recommended to be transferred and that the Council be able to review items before the transfer occurs.
Under the Bylaws Section 4, Terms of Office to read: Each Director shall hold office for a term of two (2) years. The initial appointments shall be staggered: Four (4) Directors shall serve three years (2005); and three (3) directors shall serve two years (2004). Directors shall hold office until the next annual meeting for election of the Board of Directors as specified in these Bylaws, and until his or her successor is elected and qualifies and; Section 5 to read: Directors shall serve without compensation. Directors may not be compensated for rendering services to the Corporation. The Corporation will pay out-of-pocket expenses as approved by the Board of Directors prior to the expenditure occurring.
That consistency be used for the title of Chairperson.
Arts and Cultural Program Policy, Section A, wording be inserted insuring the selection process be fair, consistent, and all the criteria will be clearly written.
Under the Arts and Cultural Programs Policy, Program Administration, The
Commission ACFA is authorized to apply not more the 30% of it's annual tax revenue City allocation to administration, thereby leaving 70% of this allocation for program and services and; Section 4: The first quarterly report is due April 30, 2001.
In regards to auditing, function wording would stipulate how the auditing would actually occur between the Foundation and the City of Antioch.
Meetings of the Board of Directors will be posted and open to the public.
On motion by Council Member Freitas, seconded by Council Member Davis Council unanimously directed Staff to make the requested changes and return to Council for approval on September 26, 2000.
Mayor Rocha thanked the volunteers for participating in the steering committee.
REPORT ON POSSIBLE DESIGNATION OF DIFFERENT RESTAURANT TYPES FOR ZONING CLASSIFICATIONS
Following City Manager Ramsey’s introduction of the item, Community Development Director Ward presented the staff report dated August 3, 2000, noting the possible distinctions between a coffee shop, dinner house, and premier restaurant with consideration of hours of operation and meals served. He further noted developers felt the casual dining needs would need to be met before looking at fine dining opportunities.
City Attorney Galstan stated under the Zoning Ordinance, Council could establish four broad categories as an overlay district or zone, including fast food, coffee shop, dinner house, and premier restaurant. He noted the City possessed the opportunity to designate proposed restaurant pads according to need, i.e., they could designate as fast food/coffee shop, or dinner house/premier type restaurants, etc.
Council Member Freitas requested that five or six categories be formulated using more definition and names of known restaurants as examples when developing the categories. He added he felt square footage was relevant and should be considered in the criteria to be reviewed.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council members present unanimously received and filed the report.
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES: July 11 and 25, 2000
APPROVAL OF COUNCIL WARRANTS
REJECTION OF CLAIMS
1. Claim of Devonda Hicks #00/01-1175
AWARD OF BID TO PURCHASE COMPUTERS USING THE A CALIFORNIA LAW ENFORCEMENT TECHNOLOGY EQUIPMENT PURCHASE PROGRAM (CLETEPP) FOR THE POLICE DEPARTMENT
BLUE STAR MEMORIAL BY-WAY MARKER
AMEND TH+E FY 2000-2001 CAPITAL IMPROVEMENT BUDGET TO $320,000 FOR POLICE FACILITY EXPANSION (P.W. 590-2)
CONSIDERATION OF BIDS FOR DEBRIS REMOVAL IN THE SAN JOAQUIN RIVER CHANNEL ADJACENT TO THE ANTIOCH MUNICIPAL FISHING PIER (P.W. 99-A4) (Inshore Divers)
RESOLUTION NO. 2000/104 AMENDING THE 2000-2001 BUDGET BY REALLOCATING ONE (1) SECRETARY I/II TO SECRETARY I/II-WEB SITE ASSISTANT AND ESTABLISHING CLASS SPECIFICATION AND COMPENSATION
RESOLUTION NO. 2000/105 ACCEPTING COMPLETED IMPROVEMENTS FOR DIABLO EAST SUBDIVISION UNIT 8, TRACT 8164 (WESTERN PACIFIC HOUSING) (P.W. 571-8)
On motion by Council Member Freitas, seconded by Council Member Davis, the Councilmembers present unanimously approved the Consent Calendar with the exception of items E, G and H, which were removed for further discussion.
ITEM "E" -- Council Member Freitas expressed his appreciation to the Riverview Garden Club for their efforts to place and maintain the Blue Star Memorial Marker at City Park to pay tribute to our Armed Forces.
On motion by Council Member Freitas, seconded by Council Member Davis the Councilmembers present unanimously approved Item "E."
ITEM "G" -- Council Member Freitas stated the bids were competitive and thanked Mr. Compomizzo for his efforts to move forward on the removal of debris in the San Joaquin River Channel.
On motion by Council Member Davis seconded by Council Member Freitas, the Councilmembers present unanimously approved Item "G."
ITEM "H" -- In response to Council Member Freitas, Ms. Chaumette stated they were creating a new class specification and combining the website functions with those of the Secretary II.
On motion by Council Member Freitas, seconded by Council Member Davis, the Councilmembers present unanimously approved Item "H."
Mayor Rocha adjourned to the Antioch Redevelopment Agency.
AGENCY CONSENT CALENDAR
APPROVAL OF AGENCY MINUTES -- July 11 and 25, 2000
APPROVAL OF AGENCY WARRANTS
On motion by Agency Member Freitas, seconded by Agency Member Davis the Agency members present unanimously approved the Agency Consent Calendar.
CONSIDERATION OF A POLICY REQUIRING APPRENTICES AND JOB TRAINING FOR REDEVELOPMENT PROJECTS
Agency Member Rocha requested this item be continued to the next regular Council meeting on August 22, 2000.
Martha Henry discussed the water bill insert flyer regarding Assembly Bill 2929, noting it pertains to Antioch receiving money for a BART extension. She encouraged the community to support it and urged the City to supply a bus for the trip to Sacramento for the community’s use.
Council Member Freitas announced the 5th Annual Antioch Schools Education Foundation Golf Tournament at the Lone Tree Golf Course on September 22, 2000 at 9:00 A.M. He requested staff post the information on the City's website. He announced City Clerk Martin's 50th birthday on August 9, 2000 and wished her a happy birthday.
Council Member Davis announced there was a reorganization of the Mello Roos Board, noting he would be the President with Larry Asario serving as Vice President. He further noted he would like to go on record for supporting the “A” Street extension noting it was a campaign promise coming to fruition.
Mayor Rocha stated there was a request for the review of the RFP update of the General Plan and she would be attending the meeting on August 30, 2000. She requested the Planning Commission Chairperson participate. She stated she was pleased to announce the Appropriations Committee passed Assembly Bill 2929 and it would now be going to the Senate Committee. She added if the public wished to go to Sacramento to support the Bill they should let the City office know so car-pooling or possible buses could be arraigned. She stated the Antioch Restaurant Tour had been wonderful and thanked the event organizers.
Mayor Rocha closed the meeting in memory of Sally Pell recognizing her service to the community.
City Manager Ramsey thanked and commended the efforts of everyone who participated in hosting the Sister City Delegates from Chichibu Japan. He thanked Council Member Davis and his wife Susan for their efforts, along with John Tasker and Dave Wetmore who had handled the last minute details. Mayor Rocha thanked Council Member Davis for his time and energy.
With no further business, Mayor Rocha adjourned the meeting at 9:46 P.M. to the next regular meeting of August 22, 2000.
Respectfully Submitted: L. JOLENE MARTIN, City Clerk