Fillable ANNOTATED AGENDA for March 8, 2011 (City of Antioch)

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ANNOTATED AGENDA for March 8, 2011 (City of Antioch)

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ANNOTATED AGENDA
for
March 8, 2011
CITY COUNCIL/ADA MEETING
Order of Council vote: AYES: Council Members Kalinowski, Harper, Rocha, Agopian and Mayor Davis
Order of Agency Vote: AYES: Agency Members Kalinowski, Harper, Rocha, Agopian and Chairman
Davis
Antioch City Council/Agency -1- March 8, 2011
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item,
materials have been prepared by the City staff for the Council's consideration. These materials include staff reports
which explain in detail the item before the Council and the reason for the recommendation. The materials may also
include resolutions or ordinances which are proposed to be adopted. Other materials, such as maps and diagrams,
may also be included. All of these materials are available at the City Clerk's Office, located on the 1
st
floor of City
Hall, 3
rd
and H Streets, Antioch, CA 94509, during normal business hours for inspection and (for a fee) copying.
Copies are also made available at the Antioch Public Library for inspection. Questions on these materials may be
directed to the staff member who prepared them, or to the City Clerk's Office, who will refer you to the appropriate
person.
Notice of Opportunity to Address Council
The public has the opportunity to address the Council on each agenda item. To address the Council, fill out a yellow
Speaker Request form, available on each side of the entrance doors, and place in the Speaker Card Tray. See the
Speakers' Rules on the inside cover of this Agenda. Comments regarding matters not on this Agenda may be
addressed during the "Public Comments" section.
6:00
P.M. ROLL CALL for Council/Agency Members for Closed Sessions
PUBLIC COMMENTS for Closed Sessions
CLOSED SESSIONS:
1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – Rock Dean
Allison v. City of Antioch et al., Case MSC09-01846 (Contra Costa County Superior Court).
This Closed Session is authorized by California Government Code §54956.9(a) No action
2) CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIMS – Claims of Frank
Sterling, Robert Barr and Timothy Vierra. This Closed Session is authorized by California
Government Code §54956.95) No action
3) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED OR INITIATING
LITIGATION: Initiation of Litigation Pursuant to California Government Code §54956.9(c): 1
potential case. No action
4) CONFERENCE WITH LABOR NEGOTIATOR – Employee organizations: Public
Employees’ Union Local No. 1, Operating Engineers Local Union No. 3, Antioch Police
Officers’ Association, Antioch Police Sworn Management Association, Management Group,
Confidential Group, Treatment Plant Employees’ Association. Agency designated
representatives: Deborah McHenry, Human Resources Director and Glenn Berkheimer, IEDA.
This Closed Session is authorized by California Government Code §54957.6.
direction to staff
7:00
P.M. ROLL CALL for Council/Agency Members – All Present
PLEDGE OF ALLEGIANCE
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
PUBLIC COMMENTS—Only unagendized issues will be discussed during this time
COUNCIL SUBCOMMITTEE REPORTS
Antioch City Council/Agency -2- March 8, 2011
MAYOR’S COMMENTS
1. COUNCIL CONSENT CALENDAR
A. APPROVAL OF COUNCIL MINUTES FOR FEBRUARY 22, 2011
Approved
Recommended Action: Motion to approve the minutes
B. APPROVAL OF COUNCIL WARRANTS
Approved
Recommended Action: Motion to approve the warrants
C. AUTHORIZE CITY SPONSORED “KEEP ANTIOCH BEAUTIFUL DAY” EVENT
Approved
Recommended Action: Motion to approve April 23, 2011, as “Keep Antioch Beautiful” Day and
approve this as a City-Sponsored event
D. RESOLUTION ACCEPTING WORK AND AUTHORIZING CITY ENGINEER TO FILE A NOTICE OF
COMPLETION FOR THE PREWETT PARK COMMUNITY FACILITY (P.W. 567-C)
Reso 2011/13, 5/0
Recommended Action: Motion to adopt the resolution
E. FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH LSA ASSOCIATES,
INC., FOR CONSTRUCTION MONITORING FOR THE MARINA BOAT LAUNCH RAMP (P.W. 523-
16)
Approved
Recommended Action: Motion to approve the First Amendment to the Consultant Services
Agreement with LSA Associates, Inc.
F. RESOLUTION APPROVING LETTER OF UNDERSTANDING FOR THE ANTIOCH POLICE SWORN
MANAGEMENT ASSOCIATION
Reso 2011/14, 5/0
Recommended Action: Motion to adopt the resolution
G. RESOLUTION APPROVING LETTER OF UNDERSTANDING FOR THE ANTIOCH POLICE
OFFICERS’ ASSOCIATION
Reso 2011/15, 5/0
Recommended Action: Motion to adopt the resolution
H. RESOLUTION IN SUPPORT OF THE CITY’S GRANT APPLICATION TO THE METROPOLITAN
TRANSPORTATION COMMISSION (MTC) REQUESTING PLANNING GRANT FUNDS FOR THE
PRERARATION OF A SPECIFIC PLAN FOR THE DOWNTOWN “RIVERTOWN” AREA LOCATED
WITHIN THE CITY OF ANTIOCH
Reso 2011/16, 5/0
Recommended Action: Motion to adopt the resolution
E
E
N
N
D
D
O
O
F
F
C
C
O
O
U
U
N
N
C
C
I
I
L
L
C
C
O
O
N
N
S
S
E
E
N
N
T
T
C
C
A
A
L
L
E
E
N
N
D
D
A
A
R
R
Staff Report
Minutes
Staff Report
Staff Report
Staff Report
Staff Report
Staff Report
Staff Report
Staff Report
Antioch City Council/Agency -3- March 8, 2011
C
C
O
O
U
U
N
N
C
C
I
I
L
L
/
/
A
A
G
G
E
E
N
N
C
C
Y
Y
P
P
U
U
B
B
L
L
I
I
C
C
H
H
E
E
A
A
R
R
I
I
N
N
G
G
2. SALE OF CITY PROPERTY TO THE ANTIOCH DEVELOPMENT AGENCY AND A DISPOSITION,
DEVELOPMENT, AND LOAN AGREEMENT WITH HABITAT FOR HUMANITY EAST BAY FOR
PROPERTY LOCATED ALONG THE WEST SIDE OF “L” STREET BETWEEN 4
TH
AND 10
TH
STREETS
Declined sale of property — 4/1-R
COUNCIL: Recommended Action:
1) Motion to adopt the resolution of the City Council approving the sale and
conveyance of City owned eleven lots totaling approximately 30,000 square
feet located generally along the west side of “L” Street between 4
th
and 10
th
Streets in Antioch, to the Antioch Development Agency, and
2) Motion to adopt the resolution of the City Council approving a
Disposition, Development, and Loan Agreement by and between the
Antioch Development Agency and Habitat for Humanity East Bay for the
development of up to ten single-family homes located along the west side of
“L” Street between 4
th
and 10
th
Streets
AGENCY: Recommended Action:
1) Motion to adopt the resolution of the Antioch Development Agency
approving a purchase and sale agreement with the City of Antioch, and
2) Motion to adopt the resolution of the Antioch Development Agency
approving a Disposition, Development, and Loan Agreement by and
between the Antioch Development Agency and Habitat for Humanity East
Bay for the development of up to 10 single-family homes located along the
west side of “L” Street between 4
th
and 10
th
Streets
C
C
O
O
U
U
N
N
C
C
I
I
L
L
P
P
U
U
B
B
L
L
I
I
C
C
H
H
E
E
A
A
R
R
I
I
N
N
G
G
3. RESIDENTIAL DEVELOPMENT ALLOCATION (RDA) ORDINANCE EXTENSION (Z-11-01)
Recommended Action: 1) Motion to introduce the ordinance by title only;
2) Motion to introduce an ordinance to amend Municipal Code §9-5.4012 in
order to extend the sunset date of the Residential Development
Allocation Ordinance to May 1, 2012
To 3/22/11 for adoption
ADDED: 3A CONVEYANCE OF ANTIOCH DEVELOPMENT AGENCY PROPERTY TO THE CITY OF ANTIOCH
1B – Council/Resolution authorizing execution of property conveyance. Reso 2011/17, 5/0
2B – ADA/ Resolution authorizing execution of property conveyance….. ADA-442, 5/0
C
C
O
O
U
U
N
N
C
C
I
I
L
L
R
R
E
E
G
G
U
U
L
L
A
A
R
R
A
A
G
G
E
E
N
N
D
D
A
A
Staff Report
Staff Report
Antioch City Council/Agency -4- March 8, 2011
4. NOTICE OF DEFAULT: BLACK DIAMOND RANCH PROJECT UNDERTAKEN BY SEECON
FINANCIAL AND CONSTRUCTION CO., INC. /DISCOVERY BUILDERS/BLACK DIAMOND LAND
INVESTORS LLC
NOTICE OF BREACH: SETTLEMENT AGREEMENT DATED SEPTEMBER 15, 2009 BETWEEN
THE CITY AND SPPI-SOMERSVILLE, INC. AND SOMERSVILLE-GENTRY INC.
DEED RESTRICTION ON CITY-OWNED OPEN SPACE LOCATED IMMEDIATELY WEST OF
SOMERSVILLE ROAD, IN THE VICINITY OF THE BLACK DIAMOND RANCH SUBDIVISION
Recommended Action: Motion to adopt the resolution taking the following actions:
1) Due to the continued failure to construct the Markley Creek Culvert
Crossing project within one year of all of the environmental permits being
obtained on July 31, 2009 and to then proceed with the construction of the
Somersville Road Widening project within 2 years of July 31, 2009
a) A finding that Black Diamond Land Investors, LLC (successor in
interest to Seecon Financial and Construction Co., Inc. and Discovery
Builders, Inc.) is not complying in good faith with the terms of the State
Development Agreement and is in default of the Development Agreement
b) A finding that Discovery Builders Inc. has defaulted on the
Improvement Agreement dated March 17, 2004
c) A finding that Black Diamond Land Investors LLC has defaulted on
the Deferred Improvement Agreement dated May 1, 2007
d) A finding that SPPI-Somersville, Inc. and Somersville-Gentry Inc.
have breached the Settlement Agreement dated September 15, 2009
2) If the defaults of the Development Agreement, Improvement Agreement
and Deferred Improvement Agreement are not remedied and work does not
begin immediately on the Markley Creek Culvert Crossing project followed
by the Somersville Road Widening project, direct staff to negotiate the
appropriate agreements with the surety bond companies or report back to
the City Council on March 22, 2011 with all options for consideration
3) Approval of the deed restriction on Black Diamond Ranch open space
located immediately west of Somersville Road that Discovery Builders failed
to provide the California Department of Fish and Game before deeding the
property to the City Reso 2011/18, 4/0 H-Recused,
with revised findings
3/22/11 return with Bid documents
PUBLIC COMMENT
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS
ADJOURNMENT — 9:37 p.m. to Closed Session #3 & #4
Staff Report
Staff Report
Staff Report
Staff Report
Staff Report
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ANNOTATED AGENDA for March 8, 2011 (City of Antioch)

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