Pursuant to Government Code Section 54952.2, the City Council Agenda for February 23, 1999 was posted on the door of the City Council Chambers, Third and ?H? Streets on February 18, 1999.

Mayor Rocha called the meeting to order at 7:05 P.M., and City Clerk Martin called the roll.

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

Mayor Rocha asked Boy Scout Troop #450, who introduced themselves, to lead the Council and audience in the Pledge of Allegiance.

Roger Henry, representing Association of Responsible Citizens, stated he had attended the goal setting meeting held on February 20^th and found it to be a very useful exercise. He noted the Council Members in attendance had a shared vision for Antioch's future. He noted the qualities he felt Council Members need to possess in order to lead the City in making the right choices and stated Council Members Freitas, Davis, Soliz and Mayor Rocha possess those qualities.

Julia Dominquez-Haines, Sherry Vickers and Glenda Landrum announced a fundraiser being held to help the family of Logan Vickers, an infant in Children?s Hospital undergoing cancer treatment. Glenda Landrum noted the fundraiser, a dinner and dance, was scheduled for March 6^th.  Anyone interested could call 634-5699, 753-5175, or 754-7631 for more information.

Paul Ruehl announced a Special Olympic event to be held March 13-14 and 20-21 at the Red Lobster in Pittsburg. He requested the help of Council to get the word out for this very worthy cause.   He added that if there was anything he could do for the Vickers family to please contact him.

Deborah Kass, a 25-year resident, expressed her concern, made comments and requests regarding several issues. The issues included lack of street median maintenance and whether or not the City was tracking money used; aggressively seek assistance in moneys to clean up the waterfront; and increase the salaries of the police officers in an effort to attract experienced officers. She also encouraged Council to consider the vacant K-mart parcel on Somersville Road for an ice-skating rink.

Larry Howard read a portion of a memo regarding the operating funds and general fund transfers prepared by Director of Finance, John Tasker, and addressed to City Manager Ramsey. The memo had been referenced at a former meeting, and its content questioned.

Council Member Soliz stated the above referenced memo, read by Mr. Howard, had been received by all members of Council. He stated the memo outlined money transfers from one fund to another, and explained the process as both expected and normal business practice for municipal organizations such as the City of Antioch.

Council Member Sudario stated City Manager Ramsey had informed her the City had never gone into the compensation fund and asked who authorized the use of those funds.

Council Member Freitas requested staff provide the Council with a primer course in municipal financing.

Compy Compomizzo, representing California Striped Bass, West Delta Chapter, stated he was happy to announce a donation to help clean up the fishing piers had been received. He announced he would be forming a program to receive donations for the project. He stated he had requested help from the State Senate and Assembly, asking for their support in promoting fishing for our youth. He thanked the Council, Staff and Antioch residents for their cooperation, noted he looked forward to working with them, and stated he wants to give something back to the community.

Mayor Rocha congratulated Mr. Compomizzo on his State award and thanked him for his participation and concern for the youth in Antioch. Mr. Compomizzo added he had received notification from England that they would like to include him in their Historical Society's "Who's Who in the World."

Jean Kuberra discussed the Civic Arts Commission and what she felt was Assistant City Attorney/Personnel Director Yanie Chaumette's role in causing the Commission to be disbanded. She did not feel the Council had the right to dissolve the Civic Arts Commission.

Barbara Sobalvarro, representing Friends of Animal Services, stated the organization is celebrating 20 years of animal service. She stated the group was working with six animal group coalitions, countywide, to ensure the Antioch Shelter becomes a no-kill shelter in the near future. She noted they would also be working on a spay/neuter program in conjunction with foster care, volunteer, and adoption programs. She thanked the Council for their support.

Norma Hernandez commented on Roger Henry, the School District deficit, and the goal setting session. She stated all the members of the City Council and most of City staff, with the exception of Angel Sudario, were members of the Association of Responsible Citizens. She stated the real issues in Antioch are housing, highway problems, school problems, and air quality.

PRESENTATIONS

• Introduction of Youth Council Members

• 1999 Crime Prevention and Emergency Preparedness Fair Sponsor Recognition Award Presentation

Gina Lombard presented the 1998-1999 Youth Council members and affiliates. Mayor Rocha commended Gina on an excellent job representing this group and welcomed the members, adding their input is valuable.

Bart Sandborn, volunteer coordinator for the Crime Prevention and Emergency Preparedness Fair, on February 6, 1999 stated the event was to promote and educate crime prevention and emergency preparedness. He recognized and presented a token of appreciation to the presenters and co-sponsors.

ITEM F:  Council Member Sudario stated that Measure "C" funds could be used all over if the developers contributed to the impacts on arterial roads.

On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously approved Consent Calendar Item F.

ITEM H:  Council Member Sudario stated that developers should be paying for impacts on arterial roads.

On motion by Council Member Sudario, seconded by Council Member Davis, the Council unanimously approved Consent Calendar Item H.

9. A. ORDINANCE APPROVING DEVELOPMENT AGREEMENT WITH MC BAIL COMPANY (Introduced 2/16/99)

B. ORDINANCE AMENDING TITLE 9, CHAPTER 5, ARTICLE 3 OF THE ANTIOCH MUNICIPAL CODE (ZONING MAP) FOR MC BAIL COMPANY, FOR THE VICINITY OF THE NORTH SIDE OF LONE TREE WAY, JUST WEST OF EMPIRE AVENUE (Introduced 11/24/98)

City Manager Ramsey stated the developer had not signed the Development Agreement and requested Item 9 be continued to March 9,1999. In response to Council Member Sudario, City Attorney Galstan reviewed the procedure for the 30-day ordinance adoption procedure, adding this procedure has been in effect for many years.

Pending the signing of the Development Agreement and on motion by Council Member Soliz, seconded by Council Member Freitas the Council unanimously continued this item to the next regular Council meeting of March 9, 1999.

Mayor Rocha declared a recess at 8:08 P.M. The Council reconvened at 8:20 P.M., with all Members present.

Michael Kent described the services provided by his organization, the Contra Costa County Hazardous Material Ombudsman Program, a division of the Contra Costa County Health Department. He stated he is a liaison to assist the public with interactions with the Contra Costa Health Department and state agencies.

On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously received and filed the report.

3. REPORT BY THE CONTRA COSTA TRANSPORTATION AUTHORITY REGARDING THE HIGHWAY 4 MAJOR INVESTMENT STUDY AND THE ROLE OF BART IN THE HIGHWAY 4 CORRIDOR

Public Works Director Brandt presented the staff report dated February 17,1999, recommending Council receive and file the report.

Dale Dennis and Paul Maxwell of Contra Costa Transportation Authority (CCTA) and Mike Lohman of Mark Thomas Associates discussed the Major Investment Study (MIS) and the conclusions reached. They stated the purpose of a Major Investment Study is to meet federal requirements for transportation spending, address Metropolitan Transportation Commission's (MTC) concerns relative to growth and transportation, build consensus for transportation investments in East County and create groundwork for implementation.

In response to Council Member Sudario, Joel Keller stated that at this time there are no known source of funds to extend BART beyond the Pittsburg/Bay Point station.

Council Member Sudario stated growth was the cause of traffic and the lack of state funds was the reason we have been unable to increase our roadway system. She noted there would never be a sufficient number of lanes to handle the number of cars projected for the future. Therefore she felt there should be a halt on all residential growth.

Bob McCleary, CCTA, stated they have projected a demand far exceeding their ability to keep up with it in terms of capacity and supply. He noted they are addressing this issue by providing as much capacity as possible and aggressively trying to develop additional capacity and prepare the projects to use the funds on the streets as additional revenues become available. He added they are also promoting as much dialog as possible among local jurisdictions, in an effort to address the land use issues. He stated maintenance and rehabilitation of the state highway system is the top statutory priority. He discussed the feasibility of HOV lanes along with private and public toll roads. In conclusion, he stated they are looking for input from City Council and other local communities. Once completed, they would revise and adopt the MIS.

Mayor Rocha stated that at the Mayor's Conference they discussed quality of life issues and formed a regional group to address these issues and growth. She noted that on March 3,1999 from 6:30 to 8:30, at the Delta Community Service Center in Brentwood, and on March 4,1999 from 6:30 to 8:30, in the City Council Chambers, there would be public hearings on these transportation issues.

Terry Ramus stated the report and discussion were good but we are lacking on pavement and felt the date projections were unrealistic. He suggested restripping over Willow Pass to relieve some of the traffic caused by the BART back-up. He also suggested a bus tour be arranged during peak commute times for those people concerned with the Highway 4 problems.

Norma Hernandez stated growth should be stopped until solutions are found to the regional and arterial road problems. She discussed the negative impacts of growth on health and safety issues.

Allen Payton stated we need more money from the state and federal government. He also felt we needed to speed up the process by introducing legislation to speed up the environmental process. He noted we need to focus on opening up the routes to become a pass-through community to provide an opportunity for economic development. He further noted the toll roads in Southern California are alternative routes and felt a public toll road should be looked at only as a last alternative.

Larry Howard stated Highway 4 does not have the capacity to be widened enough to accommodate the number of people currently projected for this area. He admonished Council that if they allow the population to continue to multiply, they must be responsible and provide for the people.

Joel Keller stated the ideas presented divide the community. The challenges facing this region can be dealt with in a responsible way. He suggested East County consider a Sub-Regional Land Use Transportation Plan. He noted there would be a need in the future for alternatives to the roads and transit components.

Council Member Freitas stated that 50 percent of the money for transportation fees comes from new growth and felt the only responsible thing to do was to tie in infrastructure with residential development.

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

4. FEDERAL GRANTS SINGLE AUDIT REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 1998 AND MEMORANDUM ON INTERNAL CONTROL OVER FINANCIAL REPORTING FOR THE FISCAL YEAR ENDED JUNE 30,1998

John Tasker discussed the interfund loans and an aggressive approach to billing the developers.

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

5. RESOLUTION APPROVING AMENDMENT TO AGREEMENT FOR COLLECTION, REMOVAL AND DISPOSAL OF REFUSE AND APPROVING CONSENT TO ASSIGNMENT OF ANTIOCH FRANCHISE FROM BFI TO ALLIED

City Manager Ramsey presented the staff report dated February 18,1999. It is recommended that the City Council take two actions:

1. Amend the agreement with Pleasant Hill Bayshore Disposal Inc. to increase the franchise fee paid to the City of Antioch to 5 percent of gross receipts and assign said agreement to BFI.

2. Assign the franchise agreement with BFI to Allied Waste Industries, Inc.

City Manager Ramsey noted a letter from BFI was received by the City of Antioch regarding a donation of funds for the enhancement of the fishing pier for the inconvenience to the residence caused by the resent strike. He further noted that as a result of the franchise transfer BFI would transfer to the City of Antioch the moneys held in trust for the City of Antioch. He introduced Mike Caprio, Susan Hurl, and Paul Nelson representing BFI and Allied.

Norma Hernandez expressed concern the contract was too long and suggested a shorter term with the possibility of lowering the cost to the residents.

Arne Simonsen expressed concern for the franchise fee resulting in an increase to the customers and the current restrictions on recycling. He encouraged the City to work with Allied to expand their recycling program.

Ralph Hernandez suggested Council look at the contract and work with Allied to seek lower garbage rates for customers.

Jean Kuberra stated she felt customers were paying for BFI's philanthropy. She noted she would like the billing practice to remain the same as BFI's. She requested the clean-up dates be pre-set and stated the City needs to meet the recycling goals set.

City Manager Ramsey stated Allied agrees that nothing associated with the acquisition of BFI shall result in any increase in customer rates. He stated a formula is in place for future rate increases and would be assumed by Allied for the term of this contract. He noted Allied is not interested in changing the length of this contract and staff did not feel it would be advantageous to do so.

Mike Caprio, representing Allied Waste, stated they have an obligation to the communities they serve and they look forward to having a partnership with Teamsters Local 315 and Operating Engineers Local 3. He noted they have provided a timeline for meeting and establishing green waste programs and they are willing to talk about expanding the recycling program. He added their billing practices would be the same as those used by BFI in the past. He stated the only rate increases they would be requesting would be the ones contractually allowed.

City Attorney Galstan stated they have encouraged Allied to take an annual CPI adjustment so the citizens would not be hit with a large increase at one time as with a three-year rate review.

Council Member Sudario stated that she would support this motion but feels a five-year agreement would be in the City's best interest.

RESOLUTION 99/18

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously approved the resolution with direction to set up a restricted fund for the $25,000.00 contribution to be used for pier improvements.

6. EVALUATION CRITERIA FOR CITY ATTORNEY AND EVALUATION CRITERIA FOR CITY MANAGER

City Attorney Galstan presented the Evaluation Criteria for City Attorney and City Manager. Mayor Rocha thanked Council Members Sudario and Soliz for the subcommittee work on this document.

On motion by Council Member Freitas, seconded by Council Member Davis, the council unanimously approved the adoption of the proposed criteria.

B. ORDINANCES REQUIRING WATERPARK ADMISSION FEE POLICIES WITHIN MELLO ROOS BOUNDARIES

City Attorney Galstan presented the proposed ordinances requiring certain disclosures regarding school attendance boundaries and Prewett WaterPark admission fee policies within Mello Roos boundaries.

Merle Gilliland, Richland Development Corporation, stated Richland has done their best to provide buyers with accurate information regarding schools, Mello Roos, Prewett WaterPark, etc. He requested this Ordinance not require written recordation, as it would cause problems in the future when the Mello Roos District expires.

Norma Hernandez, Larry Howard, and Jean Kuberra stated they support this disclosure, noting it is the City's responsibility to inform potential buyers of these issues.

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously accepted the first reading of the Ordinances requiring certain disclosures regarding school attendance boundaries and Prewett WaterPark admission fee policies within Mello Roos boundaries to potential buyers. The Ordinance will return to Council on March 9, 1999 for adoption.

Mayor Rocha declared a recess at 11:07 P.M. The meeting reconvened at 11:17 P.M. with all members present.

8. DISSOLUTION OF THE CIVIC ARTS COMMISSION. ASSIGNMENT OF PROGRAM RESPONSIBILITIES TO THE CITY MANAGER

City Manager Ramsey presented the staff report dated February 18, 1999. Staff recommended the Mayor's desire to dissolve the Civic Arts Commission be supported. Administration of the program goals that were previously adopted by the City Council would be assumed by City staff, assigned by the City Manager.

Council Member Sudario stated she would like to hear specific instances to substantiate that the Civic Arts Commission in-fighting had occurred. She noted she felt the purpose of the Civic Arts Commission was to debate and vote.

City Manager Ramsey stated that there were individuals on the Commission or coming to the Commission meetings, who have a personal agenda. The Commissioners have been unwilling or unable to work together as a team to advance the goals of the Arts Commission.

Frank Zbacnik stated he felt diversity and difference of opinion by the Commission majority was what is not being tolerated by the Mayor and her friends. He suggested removing the Commissioners that are not upholding the responsibilities of their position. He added he believed the Council majority would approve the proposed dissolution and the Arts Commission would be back with a structure that would meet the Mayor's approval. He stated the Civic Arts Commission would be relegated to a back room function where no questions could be asked and no accountability could be held.

Mary Zbacnik stated she found it offensive that the Mayor had asked for the resignation of the Civic Arts Commissioners without speaking with them first or discussing it with the Council. She stated they have worked hard to act responsibly without preferential treatment for political figures. She noted she felt the problems focused on the Civic Arts Commission Liaison, Yanie Chaumette, trying to control the meetings and having the Commission vote on items not on the agenda.

Arne Simonsen stated the Civic Arts Commission was not in the Antioch Municipal Code created by an ordinance, but was created by a resolution. He stated the Council Members need to know if the Civic Arts Commission's formation was conducted at a public hearing or as a regular agenda item before they hold this as a regular agenda item. He added there is no appeals resolution for the Civic Arts Commission, although there are for all other Boards and Commissions. He felt all the Boards and Commissions should have the same quantified items. He stated he felt we need community involvement and diversity; we do not need to burden staff with these additional functions.

Ramiro Arosemena, Chairperson for the Civic Arts Commission, stated he is proud of his Commission and he believes democracy works. He noted that the part of the business of the Commissions is to debate and then reach a consensus. He suggested continuing the current structure with the Commission working together.

Jean Kuberra reviewed the Civic Arts Commission resolution and noted the resolution did not provide for a liaison. She stated she felt the Mayor had no authority to remove the volunteers. She further noted the restructuring plan and budget had not been addressed.

Larry Howard stated he felt there was discrimination in Antioch's government and the Mayor, and those on the Council who support her, were uncomfortable with the diversity in the politics of the Civic Arts Commission. He discussed Yanie Chaumette's input regarding the Civic Arts Commission. He requested that the Council reject this proposal.

Ralph Hernandez stated he is against this proposal noting that the City does not need to have paid employees do what volunteers do well. He noted this proposal is sending a message to the community not to volunteer unless they agree with the City Council.

Roger Henry stated the people of Antioch were witnessing the politics of polarization through this issue, and the reason why the Mayor has to take this step to try to bring the operation of the Civic Arts Commission under control. He stated politics, not art, had driven and paralyzed this Commission. He commended the Mayor for the courage to look after the good of the citizens of Antioch and supports this proposal.

Norma Hernandez stated government is about sharing and debating. She suggested opening a public hearing regarding the budget for the Civic Arts Commission and asked what had happened to the $160,000 from the developers designated for Civic Art? She added she felt the Mayor and Association of Responsible Citizens (ARC) were destroying the community.

William Leroy stated the show "A Focus on the Truth" would supply the information behind the Civic Arts Commission and the documentation of diverted funds. He reviewed a letter from Judy Verrico regarding the bias of Yanie Chaumette.

Karen Soliz stated that at the Commission meetings you feel bullied and trod upon for having a positive goal in mind. She added that nothing positive ever got accomplished at the meetings. She noted that she applauds the Mayor for her intention to disband it.

Barbara Sobalvarro stated she supports the involvement of citizens in their government and encourages such programs. She added the character of the Mayor is of the highest and this was not an easy decision for her. She expressed her support of the Council's decision on this proposal and added she would be eager to help make a good program for the City in the future.

Council Member Soliz reviewed the initiative passed regarding the funding mechanism for the Civic Arts Commission. He expressed his concern regarding the relatively small size and number of people involved in this program compared to the sizable amount negative energy and resource drain on the City's time and personnel it had created. He added he believes the City Manager could administer this program well.

Council Member Freitas commended Mayor Rocha for moving forward and trying to do something positive. He stated he would like to support this motion but would have to vote against it, suggesting it be held over for a month. He suggested staff make recommendations to the Council regarding the Commission's alternatives, noting he would like to understand what would be replacing the Civic Arts Commission, the timeline, budget, goals, etc.

Council Member Sudario stated she does not support this proposal, noting she felt it was an abuse of power of the Mayor.

Mayor Rocha stated that she had discussed with City Manager Ramsey the items requested by Council Member Freitas and they have to be addressed but she felt this item needed to be resolved first.

On motion by Council Member Soliz, seconded by Council Member Davis the Council agreed to dissolve the Civic Arts Commission and assign program responsibilities to the City Manager. The motion carried the following vote:

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

10. LEGISLATION AND ADVOCACY

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, with all Agency Members present.

On motion by Agency Member Freitas seconded by Agency Member Soliz the Agency unanimously continued approval of the agency minutes to the meeting of March 9,1999.

On motion by Agency Member Freitas seconded by Agency Member Soliz the agency unanimously approved the Agency Warrants.

12. RESOLUTION ADOPTING THE WEST RIVERTOWN REPLACEMENT HOUSING PLAN ADA-353

On motion by Agency Member Freitas, seconded by Agency Member Davis, the Agency approved the resolution. The motion carried the following vote:

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

Ralph Hernandez, Chairperson for Citizens of Democracy, stated cooperation and diverse community involvement did not occur during the Goal Setting Workshop or during the scheduling of the Workshop. He suggested the Workshop be scheduled for a weekday to accommodate the public.

Jim Conley speaking on behalf of Association of Responsible Citizens, refuted Norma Hernandez' remarks regarding ARC membership and Mr. Henry's responsibility for growth in Antioch.

Council Member Freitas congratulated the City Council, City staff and the public who attended the goal setting session and noted he appreciated the dialog and consensus building. He stated March 2,1999 would be the first community meeting for Measure "U" at Mno Grant Elementary School at 7:00 P.M. He requested the public address system be checked.

Council Member Davis addressed the issue of his involvement with the Fourth of July parade. He stated the goal setting workshop was well-prepared and well thought out and gave his commendation to the group responsible for organizing the workshop.

None

With no further business, Mayor Rocha adjourned the meeting at 12:34 A.M. to the next scheduled City Council Meeting on March 9, l999.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk