ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
Regular Meeting October 10, 2000
7:00 P.M. Council Chambers
Mayor Rocha called the meeting to order at 7:00 P.M., and City Clerk Martin called the roll.
Present: Council Members Freitas, Soliz, Davis and Mayor Rocha
PLEDGE OF ALLEGIANCE
Council Member Soliz led the Council and audience in the Pledge of Allegiance.
Compy's Kids Free Fishing Derby, October 14, 2000
Help People with Mental Retardation Days, October 20, 21, and 22, 2000
On motion by Council Member Soliz, seconded by Council Member Freitas the Council unanimously approved the proclamations.
Mayor Rocha presented Roger Altos, President of the West Delta Chapter of the California Striped Bass Association, with the proclamation proclaiming October 14, 2000 as "Compy's Kids Free Fishing Derby."
Council Member Soliz presented Mr. Weber with the proclamation proclaiming October 20, 21, and 22, 2000 as "Help People with Mental Retardation Days." Mr. Weber accepted the proclamation on behalf of the Knights of Columbus and gave a brief update on the success of their fund raising drive.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Jean Kuberra announced the Energy Commission workshop was being held concurrent with the Council meeting at the Nick Rodriquez Community Center.
David Williamson announced the Blues Festival at Waldie Plaza, from 1:00 to 7:00 P.M., October 14, 2000. He thanked Rick Carraher and the sponsors for their help in planning the event.
Jean Kuberra requested Item D of the Council Consent Calendar follow Items 2 or 3 of the regular agenda to allow the public to hear the discussion and action on this item.
Mayor Rocha noted the agenda was short tonight and this item would be heard early in the evening.
COUNCIL REGULAR AGENDA
PRESENTATION BY POST MASTER DANIELS REGARDING ISSUANCE OF STAMPS SUPPORTING BREAST CANCER RESEARCH
Postmaster Daniels discussed the efforts of the U.S. Postal Service to raise funds through the sale of the Breast Cancer Awareness stamp. He recognized the City of Antioch and Mayor Rocha for their support in the fight against cancer and presented her with an enlarged Breast Cancer Stamp pin. Mayor Rocha accepted the pin on behalf of the community. Postmaster Daniels encouraged the community to purchase the Breast Cancer Stamp for their holiday cards and letters.
PRESENTATION BY NOBLE ELCENKO, CONTRA COSTA WATER DISTRICT REGARDING STATUS OF PROJECTS
Contra Costa Water District Board Member Noble Elcenko provided an update of the Contra Costa Water District activities. He presented photos of the Los Vaqueros Reservoir and discussed the Contra Costa District's criteria for enlargement of Los Vaqueros.
Jean Kuberra thanked Noble Elcenko for his representation on behalf of the East County Communities. She encouraged Tri Delta Transit and the Contra Costa Water District to consider providing public transportation to Los Vaqueros. She requested a study for the application to the Contra Costa Water District being the third back up for Antioch's water supply.
RESOLUTION ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR DEBRIS REMOVAL IN THE SAN JOAQUIN CHANNEL ADJACENT TO THE ANTIOCH MUNICIPAL FISHING PIER (PW99-A)
Public Works Director Brandt presented the staff report dated October 3, 2000, recommending the City Council adopt the resolution accepting work, directing the City Engineer to File a Notice of Completion, and authorizing the Financial Services Director Tasker to make a final payment in the amount of $71,281.80 plus a retention of $7,920.20 to be paid 35 days after recordation of the Notice of Completion. He gave a brief overhead presentation of photos of the cleanup.
RESOLUTION NO. 2000/128
On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously adopted the resolution.
Compy Compomizzo thanked staff and the council for their support. He stated the divers did a great job in their efforts to clean up the river.
CONSIDERATION OF PARTIAL FUNDING FOR THE EAST COUNTY MIDNIGHT BASKETBALL LEAGUE PROGRAM
Leisure Services Deputy Director Wetmore presented the staff report recommending the request be deferred to the next cycle of CDBG funding allocation.
Marzel Price, Program Director and Commissioner, for the Midnight Basketball League discussed the organizations need for emergency funds.
Mayor Rocha stated the City could only contribute to the organization through CDBG funds.
Marzel Price encouraged anyone willing to support this program to contribute and thanked the Council for their consideration of this matter.
APPOINTMENT TO THE DESIGN REVIEW BOARD (1-UNEXPIRED TERM)
Community Development Director Ward presented the staff report dated October 4, 2000, recommending the Council receive and file the application, the Mayor nominate and Council appoint the candidate deemed most appropriate.
Mayor Rocha nominated Gary Reiman for the position. On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council unanimously appointed Gary Reiman to the Design Review Board vacancy.
FIRST ASSEMBLY OF GOD CHRISTIAN CHURCH IS REQUESTING AN APPEAL TO THE PLANNING COMMISSION'S DENIAL OF THEIR APPLICATION FOR APPROVAL OF A USE PERMIT AND MINOR SUBDIVISION FOR THE LIGHTHOUSE CHRISTIAN CENTER INCLUDING FACILITIES FOR CHURCH, PRESCHOOL AND DAY CARE, AND SELF HELP CLASS USES. THE SITE IS APPROXIMATELY 4.37 ACRES AND SHALL INCLUDE AN APPROXIMATELY 15,287 SQ. FT. TWO-STORY CHURCH, A 9,379 SQ. FT. PRESCHOOL BUILDING, A 7,676 SQ. FT. CLASSROOM BUILDING, AND A 3,238 SQ. FT. YOUTH CENTER BUILDING LOCATED ON THE NORTH SIDE OF LONE TREE WAY, APPROXIMATELY 180' WEST OF THE DALLAS RANCH ROAD / EAGLERIDGE DRIVE INTERSECTION. FILE: UP-00-14/A, PW 357-302-00
City Manager Ramsey stated the applicant has requested this item be continued to the City Council meeting of October 24, 2000.
Council Member Freitas stated Animal Services was tentatively scheduled for October 24, 2000 and requested it be held over to the next regular scheduled City Council meeting of November 14, 2000, noting hearing both items on the October 24, 2000 agenda would be a burden on the public and City Council.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously continued this item to October 24, 2000.
Mayor Rocha declared a recess at 8:02 P.M. the meeting reconvened at 8:20 P.M., with all members present.
STATUS REPORT ON THE FORMATION OF ARTS AND CULTURAL FOUNDATION OF ANTIOCH, A NON-PROFIT PUBLIC BENEFIT CORPORATION FOR ARTS AND CULTURAL PROGRAMS
Assistant City Attorney/Personnel Director Chaumette presented the staff report dated October 5, 2000, recommending: 1) Approval of Articles of Incorporation and Bylaws for Arts and Cultural Foundation of Antioch (ACFA), a non-profit corporation; 2) Authorize staff to solicit applications for appointment to the Board of Directors of ACFA.
Jean Kuberra expressed concern the public would not have the opportunity for ongoing participation. She requested clarification in the criteria for appointments to the Board of Directors and urged the future Council majority to consider reinstating the Arts Commission.
Jim Conley stated he felt it was important to the City to have a Civic Arts Commission. He noted funding from the hotel/motel tax should continue until the new organization proved its ability to be self-supporting. He further noted the tax was the result of a vote of the people, and could only be rescinded through a City-wide vote. He encouraged the City Council to set down guidelines to retain control of the Board.
In response to Council Member Freitas, Ms. Chaumette stated the definition of Arts and Cultural programs as stated in the BYLAWS, first page, Article 2, Section 1, should include performing arts. She noted the goal to be self-supporting as well as providing an inventory would be included in the Memorandum Of Understanding.
Council Member Freitas requested a clear criteria for the appointments to the Board of Directors. He stated he could support the 60-40% split for the first 2 years. He requested amending the Bylaws of the Arts and Cultural Foundation, Article 3, Section 3, Item b) to read: Appoint and remove, employ and discharge, and except as otherwise provided in these Bylaws, prescribe the duties and fix the compensation, if any,
of all officers,of all agents and employees of the corporation.
City Manager Ramsey clarified the annual meeting date would be determined by the Board of Directors as one of the first items of business.
At Council's direction, Ms. Chaumette stated Article 3, Section 4 would state the alternate would serve two years and the MOU would require compliance with the Open Meetings Act.
Council Member Freitas requested the Bylaws Article 5, Section 3, state the meetings would be accessible, open to the public and posted. He suggested the Arts and Cultural Program Policy include the creation of a Mission Statement within the first six months of incorporation. He further requested the following change to the Arts and Cultural Programs Policy: Page 3, III PROGRAM ADMINISTRATION - the first paragraph be added back into the document with the word "Commission" changed to "Board." He noted due to the timing of the budget deliberations it would be more appropriate to revise the due dates of the biannual reports to the last day of April and October.
Council Member Soliz requested future City Councils review the annual tax revenue City allocation in year 3 or 4 noting he feels the past practice was not fulfilling the Arts Commission's administration needs.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously approved: 1) Articles of Incorporation and Bylaws for Arts and Cultural Foundation of Antioch (ACFA), a non-profit corporation; and 2) Authorize staff to solicit applications for appointment to the Board of Directors of ACFA with the above mentioned changes and the following modifications.
Modifications of Bylaws:
Article 3, Section 3: "of all officers" will be deleted.
Article 2, Section 4: That the alternate's term will be for two years terminating in 2002.
Article 5, Section 3: The meetings will be open to the public with easy access and posted.
Modifications of Arts and Cultural Program Policy:
Section I, Roles of ACFA: It is the responsibility of ACFA to create a Mission Statement that will incorporate this charge from the City Council within the first six months of incorporation.
Section III, Program Administration, Paragraph 1: Modifying the suggested deleted paragraph changing the word "Commission" to "Board", retaining the language.
Section III, Program Administration, Paragraph 2: ACFA is authorized to apply not more than 40% of its annual tax revenue City allocation to administration, thereby leaving 60% of this allocation for program and services for the first two years and 30-70% thereafter. The intention of the City Council to continue providing the transit occupancy tax indefinitely with regards to funding for this program.
Section IV, Accountability and Program Monitoring, second paragraph: ACFA will make biannual financial reports to the City Council showing progress of its performance in the areas outlined above. Biannual reports are due the last day of April and October.
In addition the ACFA will provide more clarification regarding the selection of the Board of Directors with fair and consistent criteria clearly written, and the title of Chairperson will be consistent throughout the documents.
GENERAL FUND SUBSIDY OF RECREATION PROGRAMS
Financial Services Director Tasker presented the staff report dated September 25, 2000, recommending the City continue the current practice as outlined in the General Budget Policies attached to the staff report.
On motion by Council Member Freitas, seconded by Council Member Davis, the City Council unanimously continued the current practice as submitted by staff.
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES-September 26, 2000
APPROVAL OF COUNCIL WARRANTS
REJECTION OF CLAIMS
Claim of Associated International Insurance and its insured, C. B. Patel and Govind Patel, #00/01-1155B
Ronald Jett, #00/01-1183
RESOLUTION NO. 2000/129 AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN SERVICES AGREEMENT AND WORK AUTHORIZATION NO 1 WITH ARCADIS GERAGHTY & MILLER, INC. FOR ENVIRONMENTAL REVIEW OF SOUTHERN ENERGY COMPANY'S APPLICATION FOR CERTIFICATION OF THE CONTRA COSTA POWER PLANT AND APPROVING BUDGET REVISION ALLOCATING FUNDS FOR REVIEW
RESOLUTION NO. 2000/130 REJECTING AN OFFER OF DEDICATION AND AUTHORIZING A DEFERRED IMPROVEMENT AGREEMENT TO OWNER, KAISER FOUNDATION HOSPITALS, INC. (PW 357-4-94)
RESOLUTION NO. 2000/131 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR WATER MAIN REPLACEMENT AT MISCELLANEOUS LOCATIONS (PW 503-7)
RESOLUTION NO. 2000/132 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR THE WIDENING AND RECONSTRUCTION OF FREDERICKSON LANE (PW 599-A)
On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously approved the Council Consent Calendar, with the exception of items B, D, and E, which were removed for further discussion.
ITEM B - Item B had been removed in error. On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved item B of the Council Consent Calendar.
ITEM E - In response to Council Member Freitas, City Attorney Galstan stated it was premature to accept dedication of the street at this time, noting the offer of dedication will be recorded and the resolution will be rescinded when the City is ready to accept the dedication.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved item E of the Council Consent Calendar.
Item D - In response to Council Member Freitas, Director of Public Works Brandt clarified both the California Energy Commission and the City were looking through the application to ensure the modeling they had done assures the protection of the water supply.
On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously approved Item D of the Council Consent Calendar.
Mayor Rocha adjourned to the Antioch Redevelopment agency.
AGENCY CONSENT CALENDAR
APPROVAL OF AGENCY WARRANTS
RESOLUTION AMENDING ITS PREVAILING WAGE POLICY DEALING WITH APPRENTICES
On motion by Agency Member Soliz, seconded by Agency Member Davis, the Agency unanimously approved the Agency Consent Calendar with the exception of item B, which was removed for further discussion.
City Attorney Galstan presented the staff report dated October 3, 2000, recommending the Agency adopt the resolution approving the policy.
Fran Vaughan, Jim Conley, Kevin Dayton, Arne Simonsen, Pat Leiser, and Jean Kuberra spoke in opposition to the policy noting it excluded certified programs who had not graduated at least five years of qualified students. Fran Vaughan, Jim Conley, Kevin Dayton, Arne Simonsen, Pat Leiser, and Jean Kuberra spoke in opposition to the policy noting it excluded graduates from certified programs who had not graduated at least five years of state certified students. They felt such graduates were as well trained as those from the older schools.
Brian Kalinowski voiced his support of the current policy, adding there were skilled workers in both union and non-union sectors.
Agency Member Soliz stated he concern was with the language in the policy noting he felt it was discriminatory and suggested modifying the resolution to require three years of graduates.
Agency Member Davis stated he had previously supported the policy including the apprenticeship and prevailing wage provision. However, he had been conflicted regarding the five- year provision, had come to resolution and would support Agency Member Soliz' revision to require three years of graduates.
Chairperson Rocha stated she felt the five-year provision was an issue of creating a track record adding there were currently no projects proposed for the near future.
Agency Member Freitas stated this was a quality of life issue. He noted Associated General Contractors have had more then enough time to have a qualified program. He clarified the five- year provision was chosen to establish a track record and the necessary time to train the individuals. He stated this policy is an investment in the community and requested the maker of the motion support the resolution as stated with the five years.
Agency Member Soliz stated this policy fails to provide protection for local workers.
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency tabled this item. The motion carried by the following vote:
Ayes: Soliz, Davis, Freitas
AGENCY REGULAR AGENDA
RESOLUTION ADOPTING A DEFICIT ELIMINATION PLAN FOR LOW AND MODERATE INCOME HOUSING FUND
Finance Director Tasker presented the staff report dated September 26, 2000, recommending the City Council adopt the resolution.
RESOLUTION NO. ADA-373
On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously adopted the resolution.
Council Member Soliz reported he had attended the Parks Sub Committee meeting noting they would be establishing criteria which would be forwarded to Council, outlining a funding mechanism for maintenance, plus recommendations on the issue of neighborhood parks vs. regional parks.
Council Member Davis thanked the well-wishers for the cards, letters, phone calls, and e-mails during his recent hospital stay.
Mayor Rocha announced the Public Meeting regarding BART on October 17, 2000, and the dedication of a tree by Mr. and Mrs. Benoza in memory of their son, Randy Benoza, on October 16, 2000 at Williamson Ranch. She discussed her visit to the Calups, corner of "A" and Madill Streets, commending owner Hutch Bly for transforming the location.
With no further business, Mayor Rocha adjourned the meeting at 9:55 P.M., to the next regular meeting on October 24, 2000.
Respectfully Submitted: L. JOLENE MARTIN, City Clerk
Approved: MARY H. ROCHA, Mayor