Mayor Rocha called the meeting to order at 7:03 P.M. and City Clerk Martin called the roll:

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

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously voted to approve the Proclamation.

Mayor Rocha read the Proclamation, and noted no one was present to accept the Proclamation. She stated Antioch was joining Walnut Creek for this event, and she would present the Proclamation at the event scheduled to take place at Las Lomas High School in Walnut Creek.

None

Karen Soliz discussed an incident involving the private use of the Lynn House Gallery by a family for a wedding reception, and the subsequent invasion of privacy by a local political group who hid in the bushes outside the building and filmed the private reception.

Jean Kuberra discussed public speaking rights at Council meetings. She stated the public had been consistently shut out, and prevented from participating. She further discussed the objectives outlined in the budget, noting they were policy issues that should have been agendized separately to allow for public input.

City Manager Ramsey gave a brief overview of the project and discussed the need for this type of facility for homeless families in our county.

City Attorney Galstan presented the staff report dated June 17, l999 recommending the City Council adopt the resolution approving the purchase agreement. He stated this project would meet Council=s transitional family housing objective and stated the County had entered into a legal agreement stating there would not be housing on the property next to the freeway.

City Attorney Galstan disagreed with Council Member Sudario=s suggestion this proposal did not reflect Council=s direction given during Closed Session, stating he felt the agreement directly reflected Council=s requests.

Council Member Freitas expressed concern regarding the language in Section 6 of the purchase agreement, and felt City Attorney Galstan=s suggested language regarding the design of the building was preferable over what was presented in the agreement. City Attorney Galstan stated this was a fast track project and the County preferred the language outlined in the agreement over his suggested language.

Jean Kuberra stated the agenda listed the price of the land as the topic of this closed session, and it did not indicate the design aspects were to be discussed. She further stated any decision made in closed session required public disclosure. She felt Council had conducted City business in secret, thereby committing a Brown Act violation. City Attorney Galstan disagreed stating the City had acted in complete compliance with the Brown Act by acting on the issue in open session allowing the public the opportunity to participate.

Council Member Sudario stated that she was not happy with the purchase price, and felt she had been given false information regarding the property owner. However, she stated she would support the project because of the needs of homeless families in our community.

Mr. Tandy, representing Contra Costa County, asked Council to reconsider inserting City Attorney Galstan=s suggested language to Section 6 of the agreement, as the County did not want the project to be held up by bureaucracy and red tape.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously adopted the resolution, with the provision the language in Section 6 of the agreement be stricken and City Attorney Galstan=s suggested language be inserted to read as follows:

6. Grantor acknowledges that the County is exempt from City building regulations and zoning ordinances. However, as the owner of the property, Grantor wishes to ensure acceptable design of the project. Therefore, County shall submit contemplated uses on the property to Grantor=s Community Development staff for informal (staff) review and acceptance of site design. Site design shall include the appearance of buildings, site layout, landscaping, signage, traffic and parking circulation, and the potential need for public transit turnout. Grantor=s acceptance of these matters shall be reflected in a letter from Grantor to County. In the event of any dispute of disagreement between Grantor and County regarding site design acceptance, the dispute shall be submitted to the Mayor of the City if Antioch for resolution of said dispute. If County remains unsatisfied with the Mayor=s resolution of the dispute, a panel shall be convened consisting of the Antioch Mayor, the District 5 Supervisor, and a third person selected by the Mayor and Supervisor. The panel, by majority vote, shall conclusively and finally decide any disputed matter.@

RESOLUTION NO. 99/65

On motion by Council Member Freitas, seconded by Council Member Sudario, the Council unanimously adopted the resolution.

Mayor Rocha declared a recess at 7:56 P.M. The meeting reconvened at 8:04 P.M. with all members present.

City Manager Ramsey recommended that the Council move the public hearing to immediately follow Item 5, as the Budget presentation would directly affect the public hearing item.

5. ADOPTION OF FINAL BUDGET FOR 1999-2000, CAPITAL IMPROVEMENT BUDGET FOR 1999-2000, AND CAPITAL IMPROVEMENT PROGRAM (1999-2004)

City Manager Ramsey gave a brief overview of the budget process up to this point, noting the budget as presented here incorporated the changes requested by Council during the previous work sessions. He stated July 13, l999 would bring the last piece of the budget process to Council with the introduction of the Ordinance to adopt the Master Fee Schedule. He further stated since Council had previously spent an excess of 10 hours reviewing the budget, staff would not go into great detail, but rather present Council with a summary of the effects the changes had on the budget.

Director of Finance/Leisure Services Tasker took Council through a brief overview of the Budget and the changes in the fund balance as a result of the changes Council requested in the prior two work sessions.

Barbara Sobalvarro, Friends of Animal Services, expressed her appreciation to Council for providing the Animal Shelter with additional staff, noting Friends of Animal Services would continue to work closely with the shelter. She also requested the title of Kennel Attendant be changed to Animal Care Attendant, as she felt that it would better reflect the duties and requirements of the position.

Council Member Soliz suggested when this issue returns to Council in October, staff present a report on the cooperative efforts between staff and Friends of Animal Services. Council Member Freitas requested staff come back with information for Council, regarding the title change of Kennel Person, and the possibility of the Animal Shelter accepting credit cards for payment.

Jean Kuberra discussed the budget message and requested clarification on several items and gave some suggested language changes to some of the objectives outlined in the budget message.

Following discussion, City Manager Ramsey answered questions regarding the budget message and requested the first paragraph of Page A-31 be changed to read B "The City Manager also provides administrative policy direction......" This change is requested to ensure there is no mistake how the administrative policy and guidance for the organization fits with the policy making responsibilities of the City Council.

Financial Services Director Tasker responded to questions from Council Member Sudario regarding the General Fund and the funds associated with the proposed communications towers. Council Member Sudario stated it was Council's direction in the past for new development to pay for these towers, and she felt these towers were being installed to service development in FUA #2. City Manager Ramsey clarified the towers were not only needed for new development, but to improve the City's current inadequate communication system.

Public Works Director Brandt gave a presentation outlining the modifications requested by Council for the Capital Improvement Program. He further noted he would be following up on Council's request for a study session on road and maintenance issues in the near future. He discussed the possibility of a $50,000 state contribution and a $25,000 contribution from BFI to help fund the clean-up at the fishing pier at Waldie Plaza. Council Member Soliz requested Council revisit this issue within the next 60-90 days.

Council Member Sudario discussed the proposed CIP projects she felt were necessary due to development, and emphasized the General Plan states developers are to pay their share of any improvements directly related to development. Public Works Director Brandt assured the Council and public the City does not pay for roads that result from development.

City Manager Ramsey noted the Historical Society, which has undertaken the renovation of the Riverview High School, has requested a suspension of water fees for the next fiscal year. He also noted it had been recommended the $100,000 per year currently being paid by the golf course for their water remain at that amount through the 2002 fiscal year.

Jean Kuberra noted a recent article in the newspaper pertaining to a Bass Fishing Tournament, that would require a $2,000 fee to bring the tournament to the City of Antioch. She felt it would enhance the development of the Rivertown area, and stated she hoped the Council would look into this matter. She also discussed Art in Public Places as presented in the CIP budget, and stated these projects were to be paid through developer fees, not assessment districts.

RESOLUTION NO. 99/66

On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the resolution approving and adopting an Annual Operating Budget and Capital Improvement Budget for Fiscal Year 1999-00 and the 1999-2004 Capital Improvement Program (PW 150-99) and appropriating the funds necessary to meet the expenditures set forth therein and revising the 1998-99 Operating Budget, with the inclusion of freezing the water fees at $100,000 for the Antioch Golf Course through fiscal year 2002 and suspension of water fees for the Historical Society for the next fiscal year. The motion was carried by the following vote:

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

Mayor Rocha adjourned from Antioch City Council and convened to the Antioch Finance Authority

On motion by Council Member Freitas, seconded by Council Member Soliz, the Finance Authority adopted the resolution. The motion was carried by the following vote:

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

Mayor Rocha adjourned from the Finance Authority and convened to the Antioch Development Agency.

15. RESOLUTION ADOPTING THE 1999-2000 ANNUAL BUDGET AND REVISING THE 1998-99 ANNUAL BUDGET

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

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

Financial Services Director Tasker presented the staff report outlining the proposed increases used to project revenue for the 1999/2000 budget.

Mayor Rocha opened the public hearing, there were no speakers. On the recommendation of the City Attorney, the public hearing was held open until the meeting of July 13, 199 for adoption of the Master Fee Schedule and the Ordinance.

7. RESOLUTION AUTHORIZING THE MAYOR TO SIGN TEMPORARY EASEMENT FOR THE PURPOSE OF GRADING AND LANDSCAPING COUNTRY MANOR PARK (PW 568)


RESOLUTION NO. 99/68

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council adopted the resolution. The motion was carried by the following vote:

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

8. CONSIDERATION OF BIDS FOR LONE TREE WAY PAVEMENT REHABILITATION (PW 555-9)
   

Public Works Director Brandt presented the staff report dated June 16, l999 recommending the City Council award the project to the low bidder in the amount of unit prices bid.

On motion by Council Member Soliz, seconded by Council Member Davis, the Council voted to award the project to the low bidder in the amount of unit prices bid. The motion was carried by the following vote:

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

9. INTRODUCE ORDINANCE ADDING SECTION 5-17.04 TO THE ANTIOCH MUNICIPAL CODE, DEALING WITH HEAVY CONSTRUCTION NOISE (PW 118

Public Works Director Brandt presented the staff report dated June 15, l999, recommending City Council: A) Introduce the Ordinance by title only and; B) Introduce an Ordinance adding Section 5-17.04 to the Antioch Municipal Code, dealing with heavy construction noise.

Council Member Freitas expressed concern that this Ordinance was devoid of power in terms of enforcement. City Attorney Galstan noted the Public Works Department and the Police Department would have to work on the protocol for enforcement. Public Works Director Brandt noted the Public Works Department handled all complaints and they were quite successful in working with the contractors.

On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously: A) Introduced the Ordinance by title only and; B) Introduced an Ordinance adding Section 5-17.04 to the Antioch Municipal Code, dealing with heavy construction noise.

10. RESOLUTION IN SUPPORT OF A COUNTYWIDE LIBRARY BOND ISSUE ON THE MARCH 2000 ELECTION BALLOT

Mayor Rocha presented the staff report dated June 15, l999, recommending the City Council adopt the resolution encouraging the Board of Supervisors of the County of Contra Costa to place on the March 2000 election ballot a measure authorizing the issuance of bonds for specific improvements to the countywide library system.

Council Member Sudario felt we should be looking at "Return to Source" from the County as a means to secure additional funding, rather than taxing the community. She felt each city should be responsible for funding their own local library. Mayor Rocha explained this was a countywide effort to work together to provide library service and "Return to Source" funding was part of the process.

Council Member Freitas clarified this item was to allow the people to vote on this measure and decide for themselves if they want to increase the sales tax to help fund libraries.

RESOLUTION NO. 99/69

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council adopted the resolution. The motion was carried by the following vote:

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

11. LEGISLATION AND ADVOCACY #701-04

Council Member Freitas noted that he would like to discuss in the future, Senate Bill SCA3 regarding the Burton Bill and transportation, specifically the legislation on the 2 cent sales tax and how it relates to Contra Costa County and the City of Antioch.

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

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council voted unanimously to approve the Consent Calendar, with the exceptions of Items F, G, and I, which were removed for further discussion.

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

ITEMS G and I: Jean Kuberra asked for an explanation of the City's legal obligation to approve these final maps in light of the suspension of new residential growth, and asked if these proposed homes are included in the 6,000 homes that cannot be stopped.

Council Member Sudario stated she was voting no on any final maps, as she felt Council was not obligated to approve final maps based on health and safety clauses in the Developer Agreements.

In response to Council Member Freitas' request, City Attorney Galstan stated Council has the obligation to determine whether the final maps presented substantially comply with the tentative map. If it does, the Council has a mandatory duty to approve the final subdivision map. He noted the suspension resolution does not apply to any project that has already received an entitlement. He stated should Council refuse to take action, the final map would automatically become approved one meeting after its first introduction. He further stated if Council were to deny the map and it was found to be in compliance with the tentative map, he would not be able to successfully defend a challenge in court on the matter.

On motion by Council Member Freitas, seconded by Council Member Davis, the Council approved Consent Calendar Items G and I. The motion was carried by the following vote:

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

Mayor Rocha adjourned to the Antioch Development Agency with all Members present.

14. AGENCY CONSENT CALENDAR

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency Consent Calendar was unanimously approved.

Mayor Rocha adjourned from the Antioch Development Agency and convened to the Antioch City Council.

Paul Summers reported an incident involving workers constructing a fence around the park at South Francisco and Hacienda Drive. He stated his granddaughter had received obscene comments from some of the workers at the park. Mayor Rocha directed staff to look into the matter.

Council Member Davis noted that he had attended a ribbon cutting event at Mama Mia Pizzeria on Delta Fair Boulevard. He also noted he attended a Youth Council meeting, and noted there would be another Club 99 meeting on July 17, l999.

Council Member Sudario reported on the Senior Picnic she attended at the Nick Rodriguez Community Center. She felt it was a good experience for all involved.

Mayor Rocha noted that she had attended a Police meeting in the community and noted there was a great deal of concern expressed by those in the downtown area regarding a reduction in staffing due to illness, etc. She also expressed concern regarding Mr. Leroy's videotaping of a private occasion at the Lynn House Gallery and playing it on his television show. She noted while it may not be illegal, people have an ethical responsibility to respect the privacy of others. She further noted there would be a library meeting on Thursday, June 24, l999 at City Hall.

Council Member Soliz stated it was his family member who was videotaped at Lynn House, and although he was used to criticism, he felt it is unfair to tape a private occasion and misrepresent the facts on a public access program.

City Manager Ramsey noted Council has had a past practice to not conduct Council meetings during the month of August in order to allow Council Members time for vacations. However, he stated the Measure "U" deliberations needed to be concluded, and asked Council to let him know their August schedules.

Council Member Freitas felt Council should go forward and try to conclude the Measure "U" deliberations during July and August. Council Member Sudario stated that she had already scheduled a two week vacation in August.

With no further business, Mayor Rocha adjourned the meeting at 10:26 P.M., to the next scheduled Council meeting on July 13, l999.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk