ANTIOCH CITY COUNCIL

ANTIOCH DEVELOPMENT AGENCY

Meeting Minutes
March 9, 1999

Pursuant to Government Code Section 54952.2, the City Council Agenda for March 9,1999 was posted on the door of the City Council Chambers, Third and ?H? Streets on March 4,1999.

CLOSED SESSIONS

  1. CONFERENCE WITH LABOR NEGOTIATOR. Agency Negotiator, Yanie Chaumette, Director of Personnel/Assistant City Attorney. All Employee Organizations. (Shannon Study) This Closed Session is authorized by Government Code 54957.6.

  2. CONFERENCE WITH LABOR NEGOTIATOR. Agency Negotiator, Yanie Chaumette, Director of Personnel/Assistant City Attorney. Employee Organization: Treatment Plant Employees Association, Unit III. This Closed Session is authorized by Government Code  54957.6.

Mayor Rocha called the meeting to order at 7:04 P.M., and City Clerk Martin called the roll.

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

PUBLIC COMMENTS

Ron Molina representing Music Masters from Antioch High School introduced the kickoff for fundraising events to earn money for the members to travel to an International Festival of Champions held in Italy in June 2000. He stated there would be many performances in Italy including at the Vatican. He noted fundraising events would include a golf tournament April 10, 1999 sponsored by the ?18th Hole? and a Black Tie Dinner in the fall. He further noted East County Bank was both the sponsoring organization and the bank for their organization.

Mayor Rocha presented Mr. Molina with a donation for their organization and thanked Mr. Molina for his comments.

Sean McGraw requested the City of Antioch create a skate park for the children.

Samy D'Amico and Charlene Keys reported the ?Read Across America Week? at Kimball School was a great success and thanked the volunteers for their support and participation. They thanked the City Council for the proclamation and partnership in this event and invited the community to come to the school at anytime to read to the children.

Mary Zbacnik, former Civic Arts Commissioner, discussed a letter she received from Yanie Chaumette, former liaison for the Civic Arts Commission, inviting the disbanded Civic Arts Commissioners to participate in the Civic Arts programs. She stated she felt the City wanted the Commissioners to continue to work without having accountability for the money that is being spent by the taxpayers. She requested an explanation of what is expected of the former Civic Arts Commissioners.

City Manager Ramsey clarified for Ms. Zbacnik the City was offering an invitation for the Civic Arts Commissioners to be involved on projects that are to be continued with no requirement or expectation that any Commissioners be required to do so.

Michael Marchio stated he sees a need for Y2K awareness and contingency planning in the City and the planning should include neighborhood watch, fire department, and the police force.

Sandra Golightly, a member of the Antioch Economic Development Corporation, recognized the following people, corporations, and businesses in the City that have improved the City's image:  Buchanan Garden Apartments, Sycamore Square, Boy Scout Den Leader Christy Wilson, and Officer Ron Meyers of the Antioch Police Department.

Allen Payton introduced Elvin Scott, President of the Union All Pension and Democratic Research Center Incorporated.

Elvin Scott stated he is trying to change federal law regarding pension reform for all people. He noted there would be shows on ?Of, By, and For the People? to inform everyone of his research.

Kelly Spencer and Mike Bacon, representing the Antioch Youth Council, stated they were looking into the idea of opening a BMX Bike Park and a Skate Park to keep youth off the streets by providing them with something fun to do. They stated they are putting on an event called ?Club 99? on May 14,1999 at the Prewett WaterPark for all current Antioch high school residents. They noted they are looking for community donations and support for this positive activity and unity of the two high schools.

Jean Kuberra discussed her views of Mayor Rocha's actions regarding the disbandment of the Arts Commission stating she felt the Mayor and Council Members who voted for disbandment defamed the Civic Arts Commission Members and are putting a smokescreen over unmitigated residential growth.

Ralph Hernandez discussed an article from the San Francisco Examiner regarding urban sprawl creating pushy drivers. He stated he had attained a lot of information from Elvin Scott dealing with the abuses of pension funds for his show ?Of, By, and For the People,? and the show could be viewed Saturday, March 13th with a repeat showing March 16th at 8:00 P.M.

William Leroy felt he should not have to speak over members of the audience at the City Council meetings. He discussed various assaults perpetuated against him in the Council Chambers.

Mayor Rocha noted there will be a work session with the School District at 7:00 P.M. at Prospects School on March 10th.

  1. COUNCIL CONSENT CALENDAR

  1. APPROVAL OF COUNCIL MINUTES? February 9 and 16, 1999

  2. APPROVAL OF COUNCIL WARRANTS

  3. REJECTION OF CLAIM

  4. ORDINANCE 949-C-S AND ORDINANCE 950-C-S REQUIRING CERTAIN DISCLOSURES REGARDING SCHOOL ATTENDANCE BOUNDARIES AND WATERPARK ADMISSION FEE POLICIES WITHIN MELLO ROOS BOUNDARIES (Introduced 2/23/99)

  5. RESOLUTION 99/19 APPROVING THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA 21) GRANT APPLICATION FOR THE EAST 18TH STREET ROADWAY REHABILITATION FROM HARGROVE STREET TO VIERA AVENUE

  6. RESOLUTION 99/20 and RESOLUTION NO. 99/23 APPROVING LEASE AMENDMENT FOR ANTIOCH MARINA CONVENIENCE STORE/YACHT BROKERAGE AT #3 MARINA PLAZA AND RESOLUTION APPROVING LEASE FOR ANTIOCH MARINA BAIT & TACKLE/MARINA GENERAL STORE AT #3-A MARINA PLAZA

  7. ASSIGNMENT OF PIPELINE FRANCHISE FROM PG&E TO SOUTHERN ENERGY DELTA

  8. COMMUNICATIONS EQUIPMENT LEASE AT HILLCREST WATER TANK SITE

  9. RESOLUTION 99/21 DIRECTING MAKING OF AMENDED REASSESSMENT NO. 2 IN HILLCREST AVENUE REASSESSMENT DISTRICT NO. 26R (PW 487-A)

  10. RESOLUTION 99/22 DIRECTING ENGINEER OF WORK TO PREPARE CONSOLIDATED REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPING DISTRICTS

On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously approved the Consent Calendar, with the exception of Items A, E, and I, which were removed for further discussion.

ITEM A: Norma Hernandez requested her comments to the minutes of February 9, 1999, Item #3 be amended.

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council approved the minutes of February 9, 1999 as amended. The motion carried the following vote:

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

On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously approved the minutes of February 16, 1999 as presented.

ITEM E:  Jean Kuberra asked staff if this roadway rehabilitation was in the CIP and if the need for the repair was due to residential growth.

Public Works Director Brandt stated this project was in the CIP and the traffic engineering survey was directed by Council to look at the cause of the deterioration of the roadway, adding he did not believe residential growth was the cause.

Council Member Sudario stated developers were not paying for the improvements to all the major arterial roads, although our General Plan states they should be required to do so.

On motion by Council Member Soliz, seconded by Council Member Freitas the Council unanimously approved Item E.

ITEM I: Council Member Sudario requested clarification of this item from Public Works Director Brandt.

Public Works Director Brandt stated this was a reapportionment. There was a large lot that had been broken down into smaller lots resulting in a redistribution of the assessment for each of those individual lots. The developer was turning the assessment over to the individual homeowners.

On motion by Council Member Sudario, seconded by Council Member Soliz the Council unanimously approved Item I.

Due to an oversight, Mayor Rocha invited Ralph Hernandez to speak on Item D.

ITEM D:  Ralph Hernandez suggested a 12-point font be considered on the notice of disclosure so it is readable to everyone and the location of the disclosure be determined so it will not be buried in the document.

COUNCIL COMMITTEE REPORTS

Council Member Davis stated he had attended the Youth Council meeting on March 8th and announced the officers. He noted they are an enthusiastic and ambitious group and he is happy to be on the Committee.

Council Member Soliz stated he attended a subcommittee meeting dealing with the Block Grant Program noting they had interviewed several organizations. He stated there would be a follow up meeting on Thursday, March 11th in the Third Floor Conference room to hear staff recommendations. The committee would be making recommendations to the Council for the 1999-2000 grant recipients.

Council Member Freitas discussed the proposed metering of Ygnacio Valley Road and suggested the City be represented at the meeting of March 11th and have correspondence developed condemning this proposal. He further requested a letter be sent to the Mayor of Concord stating our objections to this proposal. He also requested a letter be sent to Supervisor Canciamilla supporting his efforts to defeat this proposal.

Mayor Rocha announced Council had been invited to Mission Elementary School for a McDonald presentation on Friday, March 19th at 10:00 A.M., to support the issue of music and equipment.

Mayor Rocha declared a recess at 8:05 P.M., the meeting reconvened at 8:12 P.M. with all members present.

PUBLIC HEARING

  1. MEASURE ?U? SUSPENSION RESOLUTION

City Attorney Galstan presented the staff report dated March 9,1999. Staff recommended the City Council conduct a public hearing and allow the suspension resolution to remain in effect pending adoption of the Measure ?U? implementing measures. He noted the resolution is open-ended, however, the current schedule is to come back at the end of the summer with the Measure ?U? implementing measures. This resolution would remain in effect until that time.

Mayor Rocha opened the public hearing.

Merle Gilliland, Richland Development Company, stated he had attended the Measure "U" meeting regarding the school issues facing growth. It was stated at that meeting by School District officials that the new people moving into Southeast Antioch are paying their fair share of the costs of new schools. He asked if the resolution was the same one as originally approved and whether there was a time line for this resolution?

Larry Howard stated he felt when the community voted yes on Measure ?U? they thought they had voted to stop residential growth. He noted that with the approval of the McBail project on tonight's agenda the exemptions were at work.

Norma Hernandez stated when the community voted on Measure ?U? they thought it was to stop growth and she felt Measure ?U? means nothing. She noted growth must pay for itself. She added residential growth is responsible for the negative impacts on roads, air quality, and schools.  She recommended all residential growth be stopped until these problems have been solved.

Greg Feere, representing the Building Trades Council, stated the six-month proposal originated from the Building Trades Council. He stated the suspension was a good idea and he felt it would be better for the community if the exemptions were excluded.

Patrick Dennis stated until Highway 4 was improved, the quality of life in Antioch would be negatively affected and felt growth should be strictly restricted.

Mark Brady stated he was in favor of the suspension but he felt no new developments should be allowed to leak through the cracks from loopholes. He stated the Measure ?U? meetings are productive and he would like to see them continue.

Ralph Hernandez stated many consultants and developers have dumped on our community. He suggested stopping all residential growth and addressed the quality-of-life problems during the suspension. At the conclusion of the studies on Measure ?U? the Council should bring this back to a vote of the community, letting them know clearly what this means. He stated it is the City Council's responsibility to work for the citizens of Antioch, not the developers.

Dale Peterson stated he appreciates the City Council bringing this item forward and he was encouraged by the meetings. He noted traffic is a major issue but the City is working on it. He agreed all issues need to be brought forward to the public for community involvement.

William Leroy stated he believes Measure ?U? was a fraud.

Alvin Scott stated property values are decreasing with every new home built.

Mayor Rocha closed the public hearing.

Council Member Sudario thanked the speakers and stated she felt there were too many loopholes with the exemptions. She noted she could support the exemption for senior citizens and disabled persons but stated the other exemptions affect traffic, school systems and would impact our existing residents and she could not support them. She stated since this suspension has been in place many items approving residential projects and tentative maps have been on the agenda and approved by the council majority supporting her theory this suspension was a deception. She noted residential growth is not paying for itself.

Council Member Freitas stated everyone understands that growth and the consequences of growth is a problem. He stated Tom McNell and Terry Ramus are outstanding residents who have addressed the problem and have done something positive by authoring Measure ?U.? He felt the suspension was a step in the right direction by protecting the City regarding litigation from developers for previous approvals. He stated with the passing of Measure ?U? the residents voted for infrastructure and growth to go hand in hand and he commends the approach the City is taking to participate in the process, get the residents involved and take a regional approach to this problem. He added that with a moratorium on growth no one wanting to develop a business would come to Antioch and the key to the process is to find a balance. He noted that what he would like to do during the six-month suspension is to work out the issues, come back to the Council with a public debate, decide on the parameters to establish regarding growth and then go on to the regional issue. He then clarified that during the suspension time, any project that had previously received tentative map approval or final development plan or development agreement approval or only needs a Use Permit to move forward, would be exempt from this suspension. Council Member Freitas stated he did not want to spend taxpayer money in litigation, and expressed his support of this suspension.

Council Member Davis stated the voters did understand Measure ?U? was an advisory measure and allows the public to participate in the process to establish a way to combine housing with economic development. He noted the process is going well and encouraged the public to get more involved.

Council Member Sudario stated she did not state the public did not know what Measure ?U? meant. She then stated Allen Payton authored Measure ?U? and the people thought when they voted for Measure ?U? their traffic and school problems would be resolved. She further noted new development and tentative maps that have expired do not have to be renewed but could be denied. She felt with the current health and safety issues facing our community, the City could use the health and safety clauses in the existing development agreements to legally defend the denial of those projects. She further noted the information given at the Measure ?U? meetings has been inadequate and inaccurate. She added she would fight any taxes that come back to the community for development.

Mayor Rocha stated that if the McBail project is approved tonight there would only be 150 residential units in the approval, and the project is required to provide jobs before moving forward with more housing.

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council moved the suspension remain in effect pending the adoption of the Measure ?U? implementing measures. The motion was carried  by the following vote:

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

Mayor Rocha declared a recess at 9:07 P.M., the meeting was reconvened at 9:17 P.M. with all members present.

COUNCIL REGULAR AGENDA

  1. ORDINANCE AMENDING PORTIONS OF TITLE 5, CHAPTER 4 OF THE ANTIOCH MUNICIPAL CODE, DEALING WITH CARD ROOMS

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

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

  1. 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 Attorney Galstan presented the staff report dated March 9, 1999. He stated the McBail Company had signed the Development Agreement as modified and approved by the City Council when the Development Agreement Ordinance was introduced and these ordinances are therefore in a position to be adopted.

Peter Nussbaum, attorney representing the Contra Costa Building Trades Council and Greg Feere each expressed their concern for the provision regarding the local hiring language stating they felt that such language was unlawful and would be hard to defend in court. They urged Council to strike the last sentence in Exhibit "C," Page 5, Item 5A.

Larry Howard stated the issue for this Development Agreement is jobs and he felt the jobs the developers would provide need to be well defined within this Agreement.

Jean Kuberra asked if this item was introduced on February 16, 1998 or if that was a typographical error on the agenda or a matter of the law. She stated the amendment to Title 9 was introduced November 24,1998 at a closed public hearing. She noted she would consider some legal action adding she feels this Agreement would not stand up in court.

Norma Hernandez stated that since the City had hired an attorney to see if it was possible to get out of development agreements, she did not feel it made sense to sign this 15-year development agreement. She added it was the attorney's opinion we need to include police powers and health and safety clauses, which are not part of this Agreement. She stated this development is not in compliance with the General Plan and expressed concern regarding the economic portion of this project, since it would be built on a 100-year flood plain.

William Leroy stated this development would affect the quality of life in Antioch and approval would bring disaster to the City. He encouraged the public to get involved and help stop approvals such as this.

Merle Gilliland, representing Richland Development Corporation, stated this project is a great project for Antioch. It provides land for commercial development and greater job opportunities. He stated he felt the language regarding local hiring is appropriate.

Ralph Hernandez stated he had voted to annex these areas when he was on the Council, with the assurance the previously-approved residential units would be dealt with first. However, with the change of Council there was a change in what the public was told. He stated this Agreement came after Measure ?U? was approved and the voters believed it would not be developed. He further noted the jobs promised with the Lone Tree Corridor and Hillcrest improvements have not developed and there are existing vacant commercial pads. He added the developers are the ones who will reap the benefits from this Agreement, not the City.

Pastor Ron Anderson commended and thanked the City Council for taking the time to listen to the speakers at the meetings. He stated Antioch needs a vision and encouraged the Council to find their vision. He noted Antioch is in a prime location to be the main focal point. He felt Antioch was missing fiber optics and the associated infrastructure. He could not see any business incentives in Antioch.

Mark Brady thanked everyone who had worked hard on this issue and stated he felt the last paragraph regarding local hiring should be deleted to make this Agreement as legally binding as possible.

In response to Council Member Sudario, City Attorney Galstan stated health and safety and police powers have not been in previous agreements. He further stated health and safety is protected by the metering system built into the Agreement. He noted a reasonable fee is the fee established by the Master Fee Resolution.

In response to Council Member Sudario, Deputy Director of Community Development Carniglia clarified there are 489 single-family units and approximately 150 multiple-family units approved for a total of 640 homes for this project. He further stated the FUA #2 Specific Plan, as a whole, has a limit of 1,300 units. He stated the requirements for this project are not presented in their entirety in this Development Agreement. The remainder of the requirements are contained in the Tentative Map and Final Development Plan.

In response to Council Member Sudario, Public Works Director Brandt discussed the FEMA approval for the 100-year flood plain noting approval had been previously received to build along creeks and he expects clearance. He stated this project will have some form of land-based financing such as a CFD or Mello Roos which were currently being considered.

City Attorney Galstan stated the language in the Developer Agreement was a written verbatim by Dale Peterson accepted at the meeting of February 16, 1999, when this wording of the Ordinance was introduced. City Attorney Galstan did not believe leaving the sentence in would make the defense of the Developer Agreement more difficult.

Peter Nussbaum stated the last sentence of the Local Preference Program regarding businesses in Antioch would make it more difficult to defend the apprenticeship clause and there would be a risk, if challenged, of losing the preference.

Council Member Soliz stated his interpretation of the last sentence of the Local Preference Program regarding businesses in Antioch provides an exception for local contractors who could not meet the stringent standards established for apprenticeship requirements. He noted with the exclusion of that phrase, it would create problems for local contractors that cannot meet the requirements, but are capable and qualified to do the job.

Council Member Freitas stated creating an economic base so the people who live in Antioch could work in the City was his vision, and this project begins to open up that vision. He reviewed the Local Preference Program and stated he supports the deletion of the last sentence.

Council Member Sudario stated she felt the reason the health and safety clause is not in this Agreement is so the City could not challenge it.

City Attorney Galstan stated there is no such clause in previous developer agreements and it was not necessary to have such a clause in this Agreement because if the City should have a finding of a health and safety issue after it is adopted, there is a clause that allows the City to interfere with the Development Agreement.

Council Member Soliz stated it was clear in the legal interpretation the health and safety clause has not been challenged in court. He noted he could not support the approval of this Development Agreement without the reference to the local contractors. He further noted local jobs are very important as economic development is primary.

City Manager Ramsey stated the last sentence of the Local Preference Program addresses small family-owned businesses in Antioch that could not meet the stringent requirements.

Council Member Sudario stated she could not approve any future growth until the City resolves the problems with the schools, health and safety, and Highway 4. She noted this Agreement is not in compliance with the General Plan, it would sacrifice many and benefit few.

On motion by Council Member Freitas, seconded by Council Member Davis, the Council approved Items 3A and 3B deleting the final sentence in Exhibit "C," Page 5, Item 5A and continuing these items to the next meeting of March 16, 1999 for a second reading and final approval. The motion carried the following vote:

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

Mayor Rocha declared a recess at 10:37 P.M., the meeting reconvened at 10:41 P.M. with all members present.

  1. LEGISLATION AND ADVOCACY

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council voted to receive and file this item. The motion carried with the following vote:

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

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

AGENCY CONSENT CALENDAR

  1. APPROVAL OF AGENCY MINUTES - February 9 and 16, 1999

  2. APPROVAL OF AGENCY WARRANTS

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

PUBLIC COMMENTS

Norma Hernandez stated the City had paid an attorney to review the development agreements and that attorney's opinion was to never leave out police powers and health and safety clauses and the Council should reconsider their decision to protect the community.

David Flournoy stated he applauded the efforts of the City Council. He discussed his efforts to obtain employment with the City of Antioch as a pipe fitter and added he felt he was treated unfairly in the employment field.

COUNCIL COMMUNICATIONS

Council Member Soliz requested City Manager Ramsey report on the status of the City's preparation of the Y2K project for a future agenda.

Mayor Rocha commented that the Council Chambers looked wonderful with the children's art display. She invited the public to the Lynn House to see the rest of the display, and noted the arts programs would continue as scheduled.

STAFF COMMUNICATIONS

City Manager Ramsey announced that a joint work session with Antioch Union School District would be held at the Prospects School on Wednesday, March 10, 1999, at 7:00 P.M.. He discussed the inaccuracies in an article printed in the newspaper regarding grant money allocated to the City of Antioch, stating Antioch's portion was actually about 36K, and it was designated for used to expand the space available to staff in the Battered Woman's Program.

ADJOURNMENT

With no further business, Mayor Rocha adjourned the meeting at 10:49 P.M. to the next scheduled City Council Meeting on March 16, 1999.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk

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