ANTIOCH CITY COUNCIL

ANTIOCH DEVELOPMENT AGENCY

Meeting Minutes
April 13, 1999

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

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

Mayor Rocha asked Boy Scout Troop #153 to introduce themselves, and lead the Council and audience in the Pledge of Allegiance.

PUBLIC COMMENTS

Douglas Tokes announced the Golden Gate Historical Bottle Society would be having their 33rd Annual show on April 24, l999 at the Antioch Fairgrounds. He felt the configuration of the merge lanes at the intersection of Hillcrest Avenue and Deer Valley Road was dangerous, and needed to be revised. He felt the situation was related to development, and noted the City should slow the traffic down to 35 MPH.

Larry Howard noted his opposition to the Renaissance Faire being accessible from the City=s website prior to receiving City approval. He further noted County School Superintendent, Joe Ovick, Ed.D. has downgraded the status of the Antioch Unified School District Fiscal Report. He stated he felt this action was political, citing there had been no change in the AUSD finances since the first interim report in January when Mr. Ovick gave the District a positive rating.

Council Member Sudario directed staff to agendize the Renaissance Faire regarding removal from the City=s website.

On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously voted to present the Proclamations prior to hearing the rest of the Public Comments.

PROCLAMATIONS

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

Council Member Davis presented the Proclamation proclaiming April 23, l999 as Children=s Memorial Day to Park Superintendent Frank Palmeri.

PUBLIC COMMENTS  (Continued)

Mary Betts, Greg Dutton and Tom Betts all noted their opposition to the Renaissance Faire coming to Antioch. They all expressed concern the Faire would cause traffic problems, an increase in crime, public safety issues and decreased property values. They felt the disadvantages of the Faire locating in Antioch far outweigh the advantages.

Larry Hellstrom discussed a March 9,1999 incident which allegedly took place on City property involving a City official and a member of the public. He felt Mr. Gory of the Antioch Ledger had been biased in his reporting of the incident. He urged Council to gather the information involving the incident, present the facts to the public and take action against the City official involved.

Jeff Wolden and Jesse Dawson stated they had heard the City was considering building a BMX bike track, and were present to give their support. They felt there was a high interest in the community for such a track and noted it would help keep kids busy and out of trouble. City Manager Ramsey stated the Parks and Recreation Commission is very interested in the BMX Track, and would be appointing a committee to gather information to bring back to the Council on the issue.

Attorney Gerald Hill, retained by C.A.R.E. (Citizens Against the Renaissance Environment), stated the residents want a complete, full-scale Environmental Impact Report (EIR) regarding the application for the Renaissance Faire. He went on to discuss other negative impacts of concern such as traffic, crime, fire hazards, sinkholes on the property and public safety issues. He urged the Council to look into each of these issues before approving the application. He stated C.A.R.E. will oppose a Negative Declaration or any other attempt to not have a full EIR on this project.

Ron Anderson, speaking on behalf of C.A.R.E., stated their opposition to the Renaissance Faire relocating to Antioch. He discussed the negative impacts it would have on the roadways, traffic, public safety, property values and urged Council to listen to the citizens and deny the application for the Renaissance Faire.

Sheryl Shaw noted her opposition to the Renaissance Faire. She expressed concern for the safety of the children who live in the neighborhoods surrounding the proposed Faire site. She stated she is a new resident and would not have moved here had she known the Renaissance Faire would be relocating near her home.

Council Member Sudario stated she would like to stop the Renaissance Faire from coming to Antioch Atonight,@ and felt Council could bypass the Planning Commission and take action Atonight.@ City Attorney Galstan stated the applicant has the right to apply for a Use Permit, and according to the City=s Ordinance, Use Permits are heard first by the Planning Commission, and then on appeal to the City Council. He noted Council could adopt a motion stating Council would like to hear the Use Permit directly, and bypass Planning Commission. Council Member Sudario stated she would like this issue agendized to consider the option of bypassing the Planning Commission, and being heard directly by Council.

COUNCIL CONSENT CALENDAR

  1. APPROVAL OF COUNCIL MINUTES: FEBRUARY 23 AND MARCH 9, 16, and 23, 1999

  2. APPROVAL OF COUNCIL WARRANTS

  3. RESOLUTION NO. 99/30 and RESOLUTION NO. 99/37 ESTABLISHING THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) RATE PER EQUIVALENT RUNOFF UNIT FOR 1999-2000 AND RESOLUTION NO. APPROVING PARTICIPATION IN THE STORM WATER GROUP ACTIVITIES (PW 616)

  4. USE OF OUTSIDE LAW FIRM TO ASSIST WITH ISSUES DEALING WITH IMPLEMENTATION OF MEASURE AU@ AND WITH DRAFTING OF ORDINANCE OR REGULATIONS

  5. RESOLUTION NO. 99/31 DESIGNATING ADMINISTRATIVE POLICE MANAGER TO MID- MANAGEMENT

  6. RESOLUTION NO. 99/32 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR TRAFFIC SIGNALS, SIGNING, AND STRIPING AT VARIOUS LOCATIONS (PW 636-3)

  7. AUTHORIZE TO ADVERTISE FOR POLICE COMMISSION VACANCIES (4- FOUR YEAR TERMS)

  8. RESOLUTION NO. 99/33 ACCEPTING IMPROVEMENTS FOR BLACK DIAMOND KNOLLS, UNIT 11, (RICHLAND DEVELOPMENT), TRACT 7500, AND AUTHORIZING A DEFERRED IMPROVEMENT AGREEMENT (PW 581-11)

  9. RESOLUTION NO. 99/34 ACCEPTING COMPLETED IMPROVEMENTS FOR DIABLO EAST, UNITS 4 AND 5, TRACTS 8038 AND 8052, (WESTERN PACIFIC HOUSING, PORTER DIVISION), AND AUTHORIZING MAYOR TO SIGN A DEFERRED IMPROVEMENT AGREEMENT FOR DIABLO EAST SUBDIVISION UNITS 4, 6, AND 7 (PW 571-4 AND 571-5)

  10. RESOLUTION NO. 99/35 AUTHORIZING A DEFERRED IMPROVEMENT AGREEMENT FOR LONE TREE COMMERCIAL, (DAVIDON HOMES), TRACT 7079 (PW 357-303-98)

  11. BROWN ACT COMPLAINT RELATING TO THE ADEQUACY OF AGENDA DESCRIPTION REGARDING CABLE TELEVISION FRANCHISE TRANSFER AND MATTERS RELATING TO SENIOR CITIZENS REDUCED RATE

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously approved the Consent Calendar, with the exceptions of items A, C, D, E, H, I, J, and K which were removed for further discussion.

Mayor Rocha declared a recess at 8:00 P.M.. The meeting reconvened at 8:08 P.M. with all Members present.

PUBLIC HEARING

  1. REVIEW OF TWO ELECTRICAL POWER PLANT PROJECTS TO BE LOCATED IN THE CITY OF PITTSBURG. THE FIRST IS THE PITTSBURG DISTRICT ENERGY FACILITY, WHICH IS A PROPOSED NOMINAL 500-MEGAWATT, NATURAL GAS-FIRED COGENERATION PROJECT TO BE LOCATED AT USS-POSCO INDUSTRIES, 900 LOVERIDGE ROAD, PITTSBURG. THE SECOND IS THE DELTA ENERGY CENTER, WHICH WILL BE A NOMINAL 880-MEGAWATT, ELECTRICAL OUTPUT, NATURAL GAS-FIRED, COMBINED-CYCLE GENERATING FACILITY TO BE LOCATED AT THE DOW CHEMICAL USA PLANT, LOCATED AT THE NORTH END OF LOVERIDGE ROAD, PITTSBURG. REPRESENTATIVES FOR BOTH PROJECTS WILL BE GIVING PRESENTATIONS ON THEIR PROPOSED PROJECTS.

City Manager Ramsey stated this is an informational item on two different projects currently being considered by the City of Pittsburg, and the Council would not be taking any action tonight. He noted the reports were to inform the public what the plants were about, how they would affect our community and how we might work in partnership with the City of Pittsburg to allow these facilities to be an asset to this region.

Director of Public Works Brandt stated that several City staff members had gone to Sacramento during the previous week to visit with California Energy Commission (CEC) staff to discuss concerns regarding air and water quality issues, as well as socio-economic issues and land use issues. He noted it had been a good meeting and felt the City, along with the CEC and ENRON, would work together to address the issues.

Mayor Rocha opened the Public hearing.

Jeff Kolin, City Manager of Pittsburg, gave a brief overview of the projects and background information on how the City of Pittsburg became involved in electric power. He discussed the public/private partnership between Pittsburg and ENRON, noting Pittsburg would use their profits to improve their roadways, infrastructure, park system and other needs of their community. He further noted they see a general benefit from these projects, not only to Pittsburg, but to industries and residents in East County. He commented that the project would offer a significant reduction in utility costs for USS-Posco, allowing them to remain competitive in the international steel market. He also felt Dow would receive similar benefits, in terms of reduced electric and steam energy costs. He further noted there would be numerous additional opportunities for businesses both in Pittsburg, Antioch and unincorporated areas of the County to receive lower energy costs, by having the plants located in the area. He stated there would be more than 300 union construction jobs during the construction phase of the project and 20 permanent union operating jobs.

Dave Parkay, Vice President of Enron Capital and Trade Resources, presented a fact sheet on the co-generation project to be located at USS-Posco. He stated the Bay Area is in critical need of new power supplies, noting a plant of this size has not been constructed in this state for more than 30 years and stating the other plants are old and inefficient. He discussed the schedule of the project, noting that if things stay on schedule and the issues are addressed, they would receive their permit on July 30 of this year, and the plant would be in operation the first or second quarter of 2001. He further stated these plants would be the cleanest operations in the country.

Doug Buchanan, Development Manager for the Delta Energy Center, representing Calpine Bechtel, described the proposed plant that would be located at the Dow Chemical Plant. He noted their reasons for locating in the Bay Area were basically the same reasons Enron wishes to locate at USS Posco. He stated he grew up in Pittsburg and has worked at both the Contra Costa and Pittsburg power plants, giving him a clear understanding of how these types of facilities fit into this community, and how to be a responsible part of this community.

City Attorney Galstan noted Antioch has elected to become an Intervener in both of the proceedings regarding the two power plants. He explained this means we are neither for nor against the project, but merely want to receive all information going to the Commission, and also have the opportunity to present our own information. He noted the City of Antioch had submitted written testimony to the Commission yesterday, summarizing the questions raised by the two experts retained by the City. The questions were regarding water and air quality issues as related to the power plants. He explained the impacts the plants could have on water and air quality for the City, noting the City needs to have these concerns addressed prior to the Commission making its decision. He responded to questions from Council Member Sudario stating the plant would use 9 million gallons of reclaimed water per day, which is equal to the amount of water used by the entire City on an average winter day.

Jeff Kolin, City Manager of Pittsburg, stated they have just become aware of the concerns outlined by City Attorney Galstan, noting Calpine Bechtel and Enron, along with the CEC were studying these issues. He went on to explain the process for treating the water, noting power plants would not be using potable water but treated wastewater and they were proposing to raise the standard of treatment to tertiary.

Council Member Freitas stated that as this project proceeds forward, he would like to hear from the Contra Costa Water District in regarding reliability of the water not only for East County but also for Central County. He further stated he is enthusiastic about the project conceptually, though he did have concerns regarding water quality and supply. Mr. Kolin stated Enron and Calpine Bechtel are committed to addressing these concerns in addition to working with the communities and governmental agencies to provide answers and address impacts.

Larry Howard expressed concern regarding the relationship between these power plants and future development. He stated he liked the idea of more effective, cleaner power plants, but not if they spur more development. He also questioned the impact of these power plants during drought years.

Norma Hernandez asked whether or not the City of Antioch would be giving up any environmental credits? City Attorney Galstan responded there was a process during which applicants with air quality issues actually purchase pollution credits from other places. He noted we have been urging these credits be purchased locally, so there is no additional impact on our air quality.

Ralph Hernandez felt a clearer picture of the impacts of these power plants on our community was needed. He stated we need to examine the impacts to both our sanitation district and the ions in our atmosphere.

William Leroy noted his opposition to the power plants, stating the power plants would have a negative effect on our air and water quality. He stated he felt this was economic racism.

Jean Kuberra asked what the cost would be for treating the water, and what effect it would have on the ratepayers. City Attorney Galstan stated the applicant would pay Delta Diablo Sanitation for the cost of expanding their treatment facility, not the ratepayers.

Jonathon Valerga noted his opposition to the project.

Greg Baatrup, representing Delta Diablo Sanitation District, stated they have met with City staff and were working through the issues that had been raised. He noted there would be a report out that would describe any impacts the power plants would have on water quality, noting it was uncertain whether or not it would impact the intake. He stated the recycled water would be required to meet the standards adopted by the Department of Health Services. He further noted the issue of cost had not yet come before the directors of Delta Diablo Sanitation. He emphasized it is the recommendation of staff that the applicant pay for this water without any impact to its existing ratepayers.

Mayor Rocha noted there would be a public meeting on this issue April 20, 1999 at the Pittsburg Civic Center at 9:00 A.M., 1:30 P.M., and 6:00 P.M.

Mayor Rocha closed the public hearing.

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

  1. RESOLUTION APPROVING AMENDED REASSESSMENT NO. 2 IN HILLCREST AVENUE REASSESSMENT DISTRICT NO. 26R (PW 487-A)

Public Works Director Brandt presented the staff report dated March 23, l999, recommending Council adopt the attached resolution approving amended Reassessment No. 2 in Hillcrest Avenue Reassessment District No. 26R, amending Assessment Nos. 1, 2, 3, 57C, 63K, 64-456E, and 64-456K.

Mayor Rocha opened the public hearing.

With no requests for public comment, Mayor Rocha closed the public hearing.

RESOLUTION NO. 99/36

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously adopted the resolution approving amended Reassessment No. 2 in Hillcrest Avenue Reassessment District No. 26R, amending Assessment Nos. 1, 2, 3, 57C, 63K, 64-456E, and 64-456K.

  1. THE CITY OF ANTIOCH REQUESTS TO REZONE 106 AND 104 20TH STREET FROM "R-1 SINGLE FAMILY RESIDENTIAL DISTRICT" TO "R-3 RESTRICTED MULTIPLE FAMILY RESIDENTIAL DISTRICT," AND 25, 35, 45, 101, 103, 105, AND 107 20TH STREET, AND PARCEL 10 DIRECTLY TO THE SOUTH ON LANE WAY FROM "C-1 CONVENIENCE COMMERCIAL DISTRICT" TO "R-3 RESTRICTED MULTIPLE FAMILY RESIDENTIAL DISTRICT" (FILE: Z-99-1, TERRACE GLENN REZONING)

On motion by Council Member Freitas, seconded by Council Member Sudario, the Council unanimously continued this item to April 27, l999.

COUNCIL CONSENT CALENDAR (Continued)

ITEM A CJean Kuberra expressed concern regarding the number of Minutes presented for approval, stating she felt it would hinder the Council from accurately reviewing them. She noted the March 16, l999 meeting took place at Kimball School, which she believed constituted an illegal Council meeting, since it was not held in Council Chambers or properly videotaped.

City Attorney Galstan noted State law allows the City Council to meet anywhere within City limits, as long as the meeting is properly noticed and posted. He further noted the Minutes are the official record of Council meetings, not videotapes.

Council Member Sudario, referring to the Minutes of February 23, l999, stated that during the report by the Contra Costa Transportation Authority regarding the Highway 4 Major Investment Study and the role of BART in the Highway 4 Corridor she had asked a question regarding putting light rail in and was told by Joel Keller, BART Director, BART was not coming beyond Pittsburg. She stated she had asked if the City were to float bonds, spent all of our State funds that are allocated for widening the highway, or had all the money needed to widen Highway 4 to capacity, (10 lanes, we need 12 lanes based on the permits) what would be the level of service? She stated the Transportation Authority responded we would be in worse shape than we are now.

On motion by Council Member Soliz, seconded by Council Member Davis, the Council approved Consent Calendar Item A. The motion was carried by the following vote:

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

ITEM CCCouncil Member Freitas stated he had to excuse himself from voting on this item, due to a possible conflict of interest.

On motion by Council Member Sudario, seconded by Council Member Soliz, the Council approved Consent Calendar Item C. The motion was carried by the following vote:

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

ITEM DCLarry Howard felt this was an example of misuse of the Consent Calendar, noting this item should have been on the Regular Agenda. He asked for the cost and selection criteria of hiring an outside attorney. He stated he would like to see an attorney hired with an environmental advocacy background.

Norma Hernandez stated Measure AU@ does not stop growth, nor does it address the growth management laws, but rather it circumvents State law, our General Plan, the Antioch Municipal Code, and Measure AC."    She felt hiring an attorney to look at Measure AU@ was ridiculous, and she opposed the City spending one more dime on it.

Council Member Sudario stated this item should have been a regular agenda item giving Council the opportunity decide a course of action. She then stated Measure AU@ was meaningless, and did not feel the City should spend $25,000 out of its reserve fund to hire an outside attorney to look over the Measure. She emphasized the City should only be following State law, the General Plan, the Antioch Municipal Code, and Measure AC@ for growth management.

City Attorney Galstan noted the Council is entitled to a second opinion on issues involving legal matters. He stated he has no recommendation on this item.

Jean Kuberra stated she had attended several Measure AU@ workshops, and was not impressed with the public participation. She felt the only public participating in the Measure AU@ meetings were developers or people with a vested interest in the outcome. She also felt the City should be following State law, the General Plan, the Antioch Municipal Code, and Measure AC@ for land use issues.

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously voted to take no action on this item.

ITEM ECAssistant City Attorney/Personnel Director Chaumette stated this item was to correct a discrepancy that currently exists in the job description for Administrative Police Manager, moving the position from Senior Management to Mid-Management. She noted this is the only discrepancy that they wish to correct.

Ralph Hernandez stated he is not opposed to this item if the only change is in the job description. He discussed the historical background of this position and felt the ultimate purpose of this item was to spike the retirement of the individual. He noted spiking had been condemned in the state.

City Manager Ramsey emphasized this item has nothing to do with spiking the position, and noted he takes exception to the inference this administration would spike a position to benefit an individual.

Acting Police Chief Moczulski reemphasized this item is simply to put this position in the proper classification relative to the management structure.

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council approved Consent Calendar Item E. The motion was carried by the following vote:

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

ITEMS H, I, & JCJean Kuberra felt Public Works Director Brandt had the right to approve the improvements in subdivisions, and felt they only need to have a ratification by the Council. However, she commented the vote on deferred improvements is a different matter because it requires a vote by Council to approve the deferred improvements. She inquired as to how long the deferment was held over on these improvements, and if the City was going to be protected from any liability by association with these deferred improvements.

Public Works Director Brandt explained the deferred improvement projects and stated there is no impact from deferring these improvements.

On motion by Council Member Freitas, seconded by Council Member Sudario, the Council unanimously approved Consent Calendar Items H, I, and J.

ITEM KCCouncil Member Sudario stated she agrees with City Attorney Galstan=s ACure and Correct@ methods for addressing Brown Act complaints. However, she requested that in the future all Brown Act complaints be scheduled on the regular agenda as agreed upon in the settlement.

City Attorney Galstan stated his thought was that since he was agreeing with the plaintiffs, there was really no point in debating it. However, he noted that if Council would like them on the regular agenda even when they are in agreement, he would be happy to do so.

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

Mayor Rocha declared a recess at 10:10 P.M. The meeting reconvened at 10:22 P.M. with all members present.

COUNCIL REGULAR AGENDA

  1. APPROVAL OF GUIDELINES FOR A CITY OF ANTIOCH MEMORIAL TREE/PLAQUE PLANTING PROGRAM

Park Superintendent Palmeri presented the staff report dated March 23, l999, recommending Council adopt the attached guidelines for the establishment of a Memorial Tree Planting Program and authorize the Director of Finance to set up a Atrust account,@ on a one time basis, in the amount of $750.

Jean Kuberra stated she supports the program and felt it was a very good idea.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously adopted the guidelines for a City of Antioch Memorial Tree/Plaque Planting Program.

  1. DISCUSSION OF AHEALTH AND SAFETY@ PROVISIONS OF MCBAIL DEVELOPMENT AGREEMENT

City Attorney Galstan presented the staff report dated March 26, l999, recommending Council receive and file this report.

Jean Kuberra felt it wouldn=t hurt to include such Acommunity friendly terms@ as health and safety, noting it would address the reservations of the community. She discussed Measure AC,@ stating the spirit of the Measure is to address growth management to protect the community against the negative impacts of growth. She urged Council to reconsider and include the language.

Larry Howard stated Council Member Sudario raised this issue when there were no clauses in the McBail agreement addressing public and health and safety, as there had been in the 88/89 developer agreements. He noted City Attorney Galstan had stated there were no such clauses in those agreements. Mr. Howard further noted that since that time he had researched those developer agreements and found those clauses. Therefore, he stated he was now suspicious of City Attorney Galstan=s statement that the McBail Development Agreement is actually more beneficial to the people of Antioch, than the agreements of the past.

Norma Hernandez stated there have been health and safety clauses in most of the developer agreements. She did not feel this developer agreement was better, because it did not include those clauses, nor was the police department included in the agreement. She further stated that she was opposed to having the Ametering clause@ included in this development, which she felt gives McBail the right to build houses whether Council agrees or not. She felt this developer agreement was too open-ended, giving McBail too much power in deciding the number of homes to be built.

City Attorney Galstan explained that in staff >s opinion this developer agreement did more for the City than the older agreements because it addressed such circumstances as moratoriums, and provides more flexibility regarding taxes and assessments. He also stated he was very offended by the accusation that he had said a Council Member had lied. He noted his felt a difference of opinion could be stated without accusing anyone of lying.

Council Member Sudario explained that in the past the Council was told voting no on Final Maps could cause the City to go into bankruptcy or be sued. However, after consulting with outside attorney we were told that based on health and safety issues and police powers, the existing agreements could be broken. She stated that health and safety and police powers have been in most of the existing developer agreements, and had asked that those clauses be included in the McBail agreement, for the health and safety of the community in case the City needed to stop the developer agreement. She went on to note she didn=t want the old developer agreement as much as she wanted to put the health and safety of the residents first. She then read from the developer agreement, and felt the language allows McBail to build single-family and multi-family units, regardless of health and safety issues or the implementation of a moratorium.

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

  1. DISCUSSION OF AGENDA ITEMS FOR THE MAY 19, 1999 JOINT MEETING OF THE City COUNCIL AND ANTIOCH UNIFIED SCHOOL BOARD OF EDUCATION

City Manager Ramsey presented the staff report dated April 7, l999, recommending Council discuss and decide those subjects to be placed on the agenda for the next joint meeting with the Antioch Unified School District (AUSD) Board.

Council Member Soliz requested the following issues be addressed at the joint meeting with AUSD: 1) assessments and how they are applied to the AUSD; 2) possible ways to assist the AUSD in the assessment issues for the construction phases of their project; 3) joint purchasing activities; 4) include AUSD in the City=s regional and local land use planning discussions; 5) developer dedication of land for facilities; and 6) joint facility use or scheduling.

Council Member Freitas noted he would be unable to attend the meeting scheduled for May 19, l999 due to a CCTA meeting that night. However, he requested that the following issues be addressed at the meeting: 1) growth and its impacts; 2) assessments and boundaries; 3) regional land use issues; 4) having a jointly-financed staff person to ensure communication between the City and AUSD; 5) a library at Prewett Family Park; and 6) economic development along with educational programs to meet local needs.

Council Member Davis stated that while he concurred with Council Members Soliz and Freitas, he would like the City and AUSD to look at the construction method of the Brentwood schools and their ability to build school in two years at a lower cost.

Council Member Sudario requested the following issue be addressed at the meeting: 1) developers paying for schools; 2) school libraries being open after school; 3) Mello Roos issues, including how and when Mello Roos 89 could be closed; 4) when AUSD schools would be at capacity, and how to tie housing growth to schools; 5) what AUSD is doing to control/decrease the number of Change Orders during facility construction; and 6) location of documentation from the Grand Jury investigation of AUSD as to whether or not the expenditure records been recovered.

Mayor Rocha stated the only additional item not mentioned by other Council Members was the need for a shared position of a grant writer.

Jean Kuberra stated she would like to know how the Change Order Committee functioned, who was on the Committee and whether or not they held public meetings. She also expressed her concern regarding joint AUSD and Council meetings, stating she felt the public would get the impression there is a blurred authority of each body and their representation of constituents. She also discussed violence in schools, and felt AUSD should employ private security guards.

Norma Hernandez stated people moving into southeast Antioch are being misled by the incorrect information they receive regarding schools and Mello Roos. She asked if the Aover-seer committee@ for Mello Roos had been formed. She stated their job was to ensure the Mello Roos money was being spent properly with 80% going to the schools and 20% to the process.

Greg Dutton discussed the issue of overcrowded schools and the busing of Antioch students across town at the expense of parents. He expressed frustration that he is a Mello Roos taxpayer, yet his children are unable to attend schools near his home.

Elizabeth Knapp noted her child attends Deer Valley High School. She stated the school library was not open to students during their lunchtime or after school. She further noted the students at Deer Valley did not have text books, but were working from photocopies of books in folders. She felt it was unnecessary to hire another person to police what is going on in the schools, noting there was a School Site Council enacted approximately 10 years ago by the State of California. She stated this Council consists of a group of parents, teachers and administrators within the existing School Board, and it is their responsibility to make decisions regarding school location and where and how school money should be spent.

  1. LEGISLATION AND ADVOCACY SB 1200: RESTRICTION ON DRIVE-THROUGH REGULATIONS; OPPOSE

Director of Community Development Ward stated SB 1200 was introduced by Senator Poochigian, and the City was concerned this could be an infringement on local land use decision making, and proposed to restrict local jurisdictions from regulating the placement of drive-through facilities.

Jean Kuberra noted Senator Rainey also had a measure pertaining to libraries, and she planned to submit modifications prior to final consideration of that bill to expand the coverage.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council directed the Mayor to send a letter of opposition. The motion was carried by the following vote:

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

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

  1. AGENCY CONSENT CALENDAR

    1. APPROVAL OF AGENCY MINUTES:  February 23 and March 9, 16, and 23, 1999

On motion by Agency Member Sudario, seconded by Agency Member Soliz, the Agency unanimously approved Agency Consent Calendar Item A.

  1. APPROVAL OF AGENCY WARRANTS

On motion by Agency Member Freitas, seconded by Agency Member Sudario, the Agency unanimously approved Agency Consent Calendar Item B.

PUBLIC COMMENTS

Steve Benner, Darin O'Brien, Michelle Afinoff, Ivan Taylor, Fritz Bent, Michael Buchanan, Jean Kuberra, Christie Gough, Demetrius Wallace, Jay Eisenstadt, Devin Russell, Veronica, Ralph Hernandez, and Elizabeth Knapp all stated their opposition to the Renaissance Faire, expressing concern for public health and safety issues, increased crime rate, fire hazards, parking and traffic congestion, and possible decrease of property values. They also discussed the financial situation of the Faire owner, Renaissance Entertainment Corporation, and did not believe Antioch would receive the amount of revenue expected.

Angie Gallegos, Star Levine, Peter Lang, Dean and Jolene Bastible, Mr. and Mrs. Jose Salas did not wish to speak, yet requested their opposition to the Renaissance Faire be entered into the record.

Gwen Watson and William Nelson stated they are in favor of the Renaissance Faire, stating there were no increases in crime or decreases in property values surrounding the Renaissance Faire in its other location. They urged Council to get all the facts before making a decision.

William Leroy discussed his opposition to the power plants based on air and water quality issues. He also stated he was in favor of the Renaissance Faire until hearing tonight the number of problems it could create.

COUNCIL COMMUNICATIONS

Council Member Freitas, representative for Antioch and East County for CCTA, stated Concord wants to take punitive action against East Contra Costa County by metering Kirker Pass and Ygnacio Valley Roads in an effort to force additional traffic onto Highway 4. He noted this issue is of great concern to Antioch. He suggested we invite the consultant from Concord who performed the study to Antioch, so the citizens of Antioch who use these roads could hear the proposals being made.

STAFF COMMUNICATIONS

None

ADJOURNMENT

With no further business, Mayor Rocha adjourned the meeting at 1:00 A.M. to the next scheduled City Council meeting on April 27, 1999.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk

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