ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
December 7, 1999
City Council Chambers
Mayor Rocha called the meeting to order at 7:04P.M., and City Clerk Martin called the roll.
Present: Council Members Freitas, Soliz, Davis, Sudario and Mayor Rocha
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Boy Scout Troop #458, Den 7. Den Leader Cathryn Freitas introduced the members. Council Member Freitas presented the Boy Scouts with pins and thanked them for leading the Pledge of Allegiance.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Jean Kuberra stated the recognition of Pearl Harbor Day, December 7,1999 was missing from the agenda.
Mayor Rocha made several announcements including: a ribbon cutting on December 8, 1999 at the Senior Housing Project on Hillcrest and Davison; a tree lighting scheduled for December 9, 1999 at 6:00P.M. next to Sylvia's; the Delta Art Association Show, December 4 -15 at the Lynn House Art Gallery. She stated she had attended the reorganization of the Pittsburg City Council and the announcement of Lori Anzini as the new Mayor.
Jean Kuberra discussed freedom of speech and her Brown Act Complaint. She discussed comments and criticism of her by Council Member Freitas made on November 23, 1999.
Jim McDonald presented a handout to the City Council and discussed the proposed power plants, pollution credits, and the impact of pollution on the local area.
Council Member Sudario requested the issue of pollution be agendized for January, 2000.
Steve Benner read a letter of apology to the City Council, City Attorney and City Manager for his behavior at previous City Council meetings.
Douglas Tokes presented Council with photos of a violation in his neighborhood and reviewed the Ordinance regarding recreational vehicles. He noted his support of a recreational vehicle ordinance similar to the one in the City of Pittsburg.
Council Member Freitas requested staff compare and report on the similarity and differences of the Antioch and Pittsburg recreational vehicle ordinances.
Roger Henry discussed the LAFCO meeting and Antioch's application to include the Roddy Ranch property into Antioch's Sphere of Influence. He stated LAFCO had postponed voting on this issue until January 12, 2000. He urged members of the public to attend the January 12, 2000 hearing at 1:30P.M. in Martinez and encouraged them to write to the LAFCO Commission stating their support of the City's application.
Elvin Scott updated the City Council on the Pension Trust Funds his organization works to retrieve. He noted he was planning a two-hour television show on pension trust funds.
William Leroy discussed the proposed power plants and the resulting pollution exposure to the community. He stated eight plants in the immediate vicinity would affect the health of all the children in Antioch and noted a program airing Tuesday at 9:00P.M. would explain who would be affected by the proposed power plants.
Bernadette King and some of her students expressed their concern for the removal of the pond area at Country Manor Park and the impact to the habitat at the location. They presented a mural and read letters urging the City of Antioch to protect the wetland areas.
Joe and Cindy Weber expressed their gratitude to the Antioch Police Department and especially Officers Rios and Cooker along with Detective Wells for helping them with their case. They felt the Department was overworked and understaffed and requested the City support a dedicated funding source for the Police Department to attract, promote and retain the qualified officers in the department.
Don Peckham expressed concern for the design of the street widening project on East 18th Street, stating he had sent letters to staff regarding his personal concerns and had not received a response. He asked to be kept up to date on the revisions to the General Plan.
COUNCIL REGULAR AGENDA
A. URGENCY ORDINANCE APPOINTMENT OF STAND-BY COUNCIL MEMBERS FOR COUNCIL MEMBER SUDARIO
Council Member Sudario requested this Urgency Ordinance to approve the appointment of an acting Council Member to represent her in case of a Y2K emergency.
On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council unanimously made a finding that it was necessary to put this item on this agenda due to the impending Y2K and the possible activation of the Emergency Operation Center and the potential need to call upon stand-by Council Members in the unlikely event a situation needed their activity.
On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council unanimously moved this item to 1. A. of the Council Regular Agenda.
RESOLUTION NO. 99/175
On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council approved the appointments of the nominations of Council Member Sudario's emergency back-up City Council Members by the following vote:
AYES: Freitas, Davis, Sudario and Mayor Rocha
B. RESOLUTION APPROVING "DELTA MOON," A PUBLIC SCULPTURE FOR THE MEADOW CREEK VILLAGES SUBDIVISION
Assistant Attorney Chaumette presented the staff report dated December 1,1999, recommending the City Council adopt the resolution approving "Delta Moon," a public art sculpture, for Meadow Creek Villages Subdivision, located at the southeast corner of Hillcrest Road and Lone Tree Way.
Dan Dykes, sculptor for this project stated he would need the model presented to work from and suggested revising Item #8 of the revised resolution. He noted his personal preference for lighting would be ambient lighting as the piece would be more reactive.
In response to Council Member Sudario, Georgia Olivera, representing Seeno Corporation, stated the budget for the art piece was set by the City Council and all costs are passed on to the homebuyers. She noted staff could provide the total cost of the sculpture to Council Member Sudario.
RESOLUTION NO. 99/176
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously adopted the revised resolution directing staff to resolve the issue of artistic ambiance lighting in Item #6 and the addition of Item #8 as follows:
- That the developer install directional illumination of the sculpture with input from the artist with the approval of the City Engineer.
- That after the sculpture is built, ownership of the sculpture model remains in the possession and ownership of the City.
ARTS AND CULTURAL PROGRAMS QUARTERLY REPORT
Katie Ruppe, Coordinator of Arts and Cultural Programs, presented the staff report recommending the City Council receive and file the report.
Council Member Freitas requested a copy of the Citizen Survey and asked to have the reinstatement of the Civic Arts Commission agendized.
Council Member Davis requested the Arts Program reconsider holding concerts at Williamson Ranch since it is conducive to children.
Council Member Sudario requested future quarterly reports to include the budget for the exhibits along with the budget balance.
Jean Kuberra stated she was opposed to the "jury and show" method of selection for art exhibits as it implies entry fees would be required, shutting out amateur artists. She felt the initiation of such a policy required Council action.
Ms. Chaumette stated juried shows are common practice in municipal galleries, adding several shows in the gallery had been juried. She clarified there has not been, nor would there be a fee charged, rather this was a process in which an expert is asked to come in, evaluate the art pieces to be shown and categorize them.
On motion by Council Member Soliz, seconded by Council Member Davis, the City Council unanimously received and filed the report.
Mayor Rocha declared a recess at 8:24 P.M. The meeting reconvened at 8:35 P.M. with all members present.
RESOLUTION ESTABLISHING GEOGRAPHIC BOUNDARIES FOR EAST 18TH STREET PLANNING AREA
Economic Development Director Sainz presented the staff report dated December 1,1999, recommending the City Council: A) Receive and file the information regarding the financial distribution of the costs relative to the entitlement and infrastructure planning to be completed in the East 18th Street Planning Area; and B) Adopt the revised map of the geographic boundaries establishing a Specific Plan for the East 18th Street Area.
Council Member Sudario expressed concern regarding this proposal as it forced bond indebtedness on the property owners without their approval. She felt a public hearing should be held on this item and no action taken without a vote of the property owners. She stated the actions being taken were part of the formation of an assessment district.
Ms. Sainz stated she had been working with the property owners for over a year and a half and they were all clear this was not an assessment district. She noted they were establishing a planning area to resolve some of the initial entitlement issues.
City Attorney Galstan stated the formation of an assessment district would require a public hearing and a vote of the landowners.
Council Member Freitas stated there was an option for 100% of the costs to be paid through the redevelopment agency to be recouped at a later date. He noted the need of a Specific Plan for this area to ensure the area is developed properly.
Council Member Soliz stated the first step was to determine whether or not the property owners were willing to commit the resources needed to help fund the process and to become a part of the planning process.
Don Peckham, speaking in support of the project, noted he had an existing business in a five- acre site with 55 people relying on the site for a living. He further noted infrastructure was needed before they could expand on the land.
Frank Evangelho, property owner in the area impacted by this Plan, noted the Plan had merit and the time was right to proceed. He stated the issue was whether to assess payment for the studies before a voted assessment district given 2/3 of the land owners were not ready to participate in the plan.
Norma Hernandez stated this assessment district was voted down by the community and fraudulently pushed on them by the City of Antioch. She noted the property was annexed into the city limit with a clause stating the city could not charge any fee at any time without their vote. She suggested the City figure out the boundaries, have a public hearing and then give it to landowners and let them vote on it.
Bob Monfort, area land owner, stated he and his wife wanted to be a part of this process.
William Leroy stated the community had already paid for the sewer main at this location.
Allen Payton stated this was a prime area and the time was right to proceed with the study. He did not feel the landowners should not be assessed the cost prior to a vote and urged the City Council to support this and move the process forward.
Council Member Sudario stated she could have supported this motion if this item had been advertised as a public hearing with a vote of the property owners.
Council Member Soliz encouraged the City Council to support the resolution noting this was the first step in the Proposition 218 process.
RESOLUTION NO. 99/177
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council approved the resolution with the addition of the following clause:
WHEREAS, the City will make every effort to preserve a greenbelt/agricultural section in the ultimate development of this East 18th Street planning area.
The motion carried the following vote:
Ayes: Freitas, Soliz, Davis, Rocha
REPORT ON PUBLIC CONCERNS REGARDING TRAFFIC VIOLATIONS, VICINITY OF HILLSIDE ROAD
On motion by Council Member Sudario, seconded by Council Member Davis this item was unanimously continued to January.
5. PROPOSED WORDING FOR AUGMENTED HOMEBUILDERS NOTIFICATION AS PART OF THE MEASURE "U" IMPLEMENTATION PROCESS 204-01
Community Development Deputy Director Carniglia presented the staff report dated December 2, 1999, recommending City Council provide direction to staff as appropriate concerning new home buyer notification as part of the Measure U implementation process. Staff would return to Council with an ordinance to implement this requirement.
Terry Ramos noted the proposal was sound and closely followed what came out of the Measure U meetings pertaining to this topic. He stated it was important this information be on the literature given to potential homebuyers by home developers and suggested the information also be posted in detail on the City's website.
Tom McNell commended City staff for coming forward with the proposal and noted fair disclosure may encourage the building community to do things to help the school and traffic issues. He stated the wording was optimistic and he felt it should be worded more strongly.
Norma Hernandez noted the disclosures should state Antioch was not in compliance with the General Plan and Measure C.
Allen Payton suggested adding language regarding BART extensions to the disclosures. He further suggested an initial box for each item in the mortgage disclosure. He stated he was not, nor had he ever claimed to be the author of Measure U and gave full credit to Tom McNell and Terry Ramos for the authoring of Measure U.
Council Member Sudario stated she also felt the City should disclose it was not in compliance with Measure C and the General Plan.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously directed staff to include the following in the proposed ordinance.
D. Inclusion of school, traffic and BART information
Mayor Rocha declared a recess at 10:02 P.M. The meeting reconvened at 10:07 P.M. with all members present.
6. RESOLUTION APPROVING AN INCENTIVE PACKAGE TO BE OFFERED TO SELECT BUSINESSES FOR JOB CREATION PURPOSES 901-02
Economic Development Director Sainz presented the staff report dated December 1, 1999 recommending that the City Council approve the resolution allowing the City Manager to offer the described incentive package to select businesses for job creation purposes.
Council Member Freitas stated the first priority should be the creation of jobs for the residents of Antioch. In response to Council Member Freitas, City Manager Ramsey stated a mechanism could be established to assure a specified number of jobs would exist for a certain period of time. Council Member Freitas recommended the City contract with 3-5 consultant firms and rotate them equally. He also felt local companies should be able to utilize this program if they were unable to find a suitable location in their area.
Council Member Soliz noted this program could be implemented across the region so it will give all communities incentive to solicit businesses.
In response to Council Member Soliz= question, City Manager Ramsey stated the Aput or pay policy@ indicates the City is serious about the incentive policy and had received a very positive response.
Council Member Davis stated he would like the City Council to review the full waiver or deferral prior to approval and the City Council be apprized of the details of who was receiving the Aput or pay@ guarantee.
Roger Henry agreed with the proposal. He expressed concern for the thin margin of surplus. He noted it was important to keep in mind the jobs would be in Antioch and in the future the City could consider an employment tax for residents living outside of Antioch.
Council Member Soliz stated the City Council should be used as ambassadors for businesses interested in coming to Antioch.
Council Member Sudario stated this resolution requires the community to pay for jobs developers should be paying for. She noted the put or pay policy will increase the funds coming from the General Fund.
Council Member Freitas stated the put or pay policy institutionalizes accountability of our government.
RESOLUTION NO. 99/178
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council approved the resolution. With the following changes to the staff report=s attached resolution:
WHEREAS, the incentive package shall be in place after the city has had its midyear budget review; and
WHEREAS, staff will pursue this concept on a regional basis with the other cities in the East Contra Costa Region.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Antioch does hereby approve of an economic development incentive package to be offered to select businesses by the City Manager with concurrence of the City Council for job creation purposes. The incentive package shall be in place for the calendar year 2000, after which Council may chose to modify, continue, or terminate the ability of the City Manager to offer such package and will expire on December 31, 2000.
The motion carried the following vote:
AYES: Freitas, David, Soliz, Rocha NOES: Sudario
7. WATER QUALITY CONCERNS 1202-01
Public Works Director Brandt presented the staff report November 30,1999, recommending the City Council authorize the Mayor to sign the attached letter to GWF Power Systems Company, Inc. regarding use of groundwater resources.
On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council unanimously authorized the Mayor to sign the attached letter to GWF Power Systems Company, Inc. regarding use of groundwater resources.
Council Member Sudario stated while the water quality meets state standards she felt it was substandard for drinking.
City Manager Ramsey noted there was no substantiated evidence to indicate any health related problems were associated with the water produced in this community.
8. ORDINANCE ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE ANTIOCH EDEVELOPMENT PROJECT AREAS #2, #3, #4, AND #4.1 902-06
On motion by Council Member Soliz, seconded by Council Member Davis, the City Council adopted the ordinance. The motion carried the following vote:
AYES: Freitas, David, Soliz, Rocha NOES: Sudario
COUNCIL CONSENT CALENDAR
A. APPROVAL OF COUNCIL MINUTESCNovember 9 and 15, 1999 301-03
B. APPROVAL OF COUNCIL WARRANTS 401-02
D. RESOLUTION NO. 99/179 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND RESOLUTION NO. 99/180 ACCEPTING GRANT DEED FOR ONE-FOOT (1') STRIPS FOR SANDHILL PROPERTY (RICHLAND DEVELOPMENT/BLACK DIAMOND KNOLLS, LTD.), TRACT NO. 8247 (P.W. 643) 802-02
E. RESOLUTION NO. 99/181 AUTHORIZING THE CITY OF ANTIOCH TO PARTICIPATE IN THE "SPARE THE DAY" CAMPAIGN 205-01
F. RESOLUTION NO. 99/182 AUTHORIZING THE DIRECTOR OF FINANCE/LEISURE SERVICES TO SIGN FOR THE $50,000 GRANT FOR THE ANTIOCH MUNICIPAL FISHING PIER 708-03
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously approved the Consent Calendar with the exception of Items D, E and F, which were removed for further discussion.
Item DCCouncil Member Sudario stated she can not approve more residential development.
On motion by Council Member Soliz, seconded by Council Member Davis, the City Council approved the resolutions for item D of the consent calendar by the following vote:
AYES: Freitas, David, Soliz, Rocha NOES: Sudario
Item ECCouncil Member Sudario stated the City could spare the air by stopping further residential development.
On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council unanimously approved item E of the consent calendar.
Item FCCouncil Member Freitas requested staff agendize in January renaming the Antioch Municipal Fishing Pier in honor of Compy Compomizzo.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously approved item F of the consent calendar.
Mayor Rocha adjourned to the Antioch Development Agency.
AGENCY CONSENT CALENDAR
A. APPROVAL OF AGENCY MINUTES November 9, 1999 #301-03
B. APPROVAL OF AGENCY WARRANTS #401-02
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved item A and B of the Agency Consent Calendar.
AGENCY REGULAR AGENDA
11. 1998/1999 ANNUAL REVIEW OF AGENCY ACTIVITIES 902-01
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously received and filed the report.
Council Member Sudario requested the City provide her with a cell phone and beeper for emergency purposes. She further requested a command center for communication purposes in case of an emergency. City Manager Ramsey stated he would provide a cell phone, beeper and a report on the protocol in case of an emergency to Council Member Sudario.
Council Member Soliz stated he and Council Member Davis had voted against the proposal to raise the budget for Dallas Ranch School and lost the vote. He noted TriDelta was initiating a process next year working with other local transportation boards to work with MTC to create a comprehensive transportation plan for the area. He wished everyone a safe and happy holiday and New Year.
City Manager Ramsey stated the Deputy Directors and Department Heads would be meeting with him on December 9th and 10th to address various approaches to improve services to the community and review the implementation of policies as set out by the Council.
With no further business, Mayor Rocha adjourned the meeting at 11:25 P.M., to the next scheduled closed meeting on December 14, 1999.
L. JOLENE MARTIN, City Clerk