MEETING MINUTES
Regular Meeting

January 11, 2000
7:00 p.m.
City Council Chambers

PROCLAMATION:  Martin Luther King Day, January 17, 2000

Council Member Soliz arrived at 7:11 P.M.

Barbara Sobalvarro announced the Friends of Animals Services would be hosting a Millennium 2000 Adopt-a-Pet Open House on January 22, 2000, from 11:00 A.M. to 3:00 P.M. at the Antioch Animal Shelter.

Mike Bacon and Gina Lombardi, speaking on behalf of the Antioch Youth Council, invited the community to attend the grand opening of the Skate Park on Saturday January 22, 2000, at 12:00 P.M.

Jean Kuberra discussed Mayor Rocha=s predisposition to approve a development in Horse Valley noting there had been no formal agendizing of this matter. She requested the Mayor disclose information regarding her campaign contributions. She then read a list of supporters for the Roddy Ranch Charity Roundup.

Mayor Rocha declared a recess at 7:32 P.M. The meeting reconvened at 7:42 P.M. with all members present.

1. RENAME ANTIOCH FISHING PIER IN HONOR OF URIL "COMPY" COMPOMIZZO
   

Jim Conley stated it was important to recognize what Compy has done for the Antioch community and the children. He thanked the City Council for their recognition of Mr. Compomizzo.

Council Member Freitas stated Compy was a living example of an individual who has made a difference and he truly deserves this recognition. He noted it was important as a community and City Council to recognize Mr. Compomizzo's contribution to our City.

Council Member Sudario stated Antioch was honored to have a resident like Compy setting such an extraordinary example. She thanked Mr. Compomizzo for a job well done.

RESOLUTION NO. 2000/01

On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council unanimously approved the Resolution.

Mr. Compomizzo stated it was a great honor and thanked the City for the recognition and support of his program.

2. PRESENTATION BY JIM MC DONALD ON POTENTIAL IMPACTS FROM CALPINE'S PROPOSED POWER PLANTS LOCATED IN THE CITY OF PITTSBURG
   

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously extended both Mr. McDonald and Doug Buchanan of Calpine's speaking time to 10 minutes.

Mr. McDonald gave an update on the potential negative impacts to local air quality due to planned construction of the two Calpine power plants in Pittsburg. He read excerpts from the Journal of the American Medical Association regarding exposure to natural gas causing increased asthma symptoms. He stated Pittsburg made 15.6 million dollars off of the first power plant and they have bought pollution credits to clean up other areas so they can bring additional pollution to Pittsburg with 90% of the pollution ending up in the Antioch area. He noted hundreds of employees could be employed with clean air alternatives. He further noted the monitoring stations do not accurately take into account the air mass in this area, where the high rate of pollutant production has pushed pollutant levels above the suggested standard.

In his rebuttal, Doug Buchanan, Development Manager for the Delta Energy Center, a power generation industrial facility, stated the Delta Energy Center was using the cleanest type of technology available on today's market to create electricity. He noted these types of facilities are generally endorsed by environmental organizations as a way to slow or decrease global warming and they take their obligation to the environment and the communities seriously.

Gary Rubinstein stated the Energy Commission had taken into account the air quality levels in East Contra Costa County. He discussed the emissions trading program noting their company is required to obtain credits as part of a regional air pollution management program and have bought credits from within the community. He further noted the San Francisco Bay Area has attained the approval of the Federal Air Quality Standards for particulate matter. He stated they had to prove this project would be safe, provide regional air quality benefits before receiving approval from the Bay Area Air Quality Management District and had strived to be part of the solution to the air quality issues associated with power generation. He noted the carbon monoxide levels in the stack were so low they were safe to breath.

Norma Hernandez differed with Mr. Rubinstein stating the air quality was bad and caused health concerns in the area. She urged the City Council to support the health and safety of the community to heighten the air quality of the area.

William Leroy stated there would be a lot of problems associated with this power plant.

Ralph Hernandez urged the City Council to be pro-active in reducing the amount of pollution in the city and take under consideration this plant would provide additional pollution.

Mr. Buchanan stated there were approximately 20 public hearings noticed to both communities.

Mr. David Ridolfi stated the steam being used as the atmospheric seal, traps the contaminants which then become acid rain.

Jean Kuberra discussed PG&E's divesting itself of energy generating operations to focus on the delivery of energy. She stated her issue was the public hearings had been illegally noticed, and requested additional information on the dates and times of those meetings.

Council Member Sudario stated she brought this item to the agenda because the air quality in Antioch was diminishing and causing health problems.

City Manager Ramsey clarified this item was previously agendized in April of 1999, as a public hearing in Council Chambers.

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

3. SELECTION OF PROPOSAL BY CRW ASSOCIATES TO PROVIDE A COMPUTER-BASED BUILDING PERMIT SYSTEM

City Manager Ramsey presented the staff report dated January 6, 2000, recommending the City Council approve the contract for purchase of Building Permit System from CRW Associates plus additional monies for two desktop computers and a dedicated laser printer.

On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council unanimously approved the contract for purchase of Building Permit System from CRW Associates plus additional monies for two desktop computers and a dedicated laser printer.

4. CALL OF A JOINT MEETING WITH BRENTWOOD CITY COUNCIL ON MONDAY, JANUARY 24, 2000 REGARDING COOPERATIVE ECONOMIC DEVELOPMENT/LAND USE PLANNING
   
5. CALL OF A JOINT MEETING WITH PITTSBURG CITY COUNCIL ON JANUARY 27, 2000 REGARDING COOPERATIVE ECONOMIC DEVELOPMENT/LAND USE PLANNING
   

City Manager Ramsey presented the two staff reports dated January 6, 2000, recommending the City Council agree to meet with the City Council of the City of Brentwood on January 24, 2000, to discuss economic development, and land use planning issues, and the City of Pittsburg on January 27, 2000, to discuss economic development, transportation, and land use planning issues.

Jean Kuberra stated the noticing of these joints meetings was a direct result of her Brown Act complaint filed and a part of the cure and correct direction approved by the Council majority. She added the agendas for these meetings were missing the Joint Powers Authority matter, which had been agreed to be discussed. She noted she was opposed to holding these meetings outside of the Council Chambers.

City Manager Ramsey stated both Mayors would facilitate the meetings, adding the Council Chambers did not lend itself to this type of format and they were trying to find a location closer to both cities.

City Attorney Galstan stated this would be an adjourned regular meeting of the Antioch City Council and Council would be able to take action on the agendized items.

Council Member Sudario stated she could not support the agenda item with the meeting being held outside of the Council Chambers.

Council Member Soliz stated he was looking forward to resolving some of our regional issues and would represent the public at these meetings.

Council Member Sudario stated as an elected representative of the citizens of Antioch she felt all meeting should be open to the public, publicized, and video taped in the Council Chambers to allow every citizen of Antioch the opportunity to participate.

On motion by Council Member Soliz, seconded by Council Member Davis, the City Council approved the joint meetings with the Cities of Brentwood and Pittsburg. The motion carried the following vote:

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

6. PROPOSED COMPLETION OF THE LONE TREE GLEN COUNCIL SUBCOMMITTEE

Public Works Deputy Director Phil Harrington presented the staff report dated January 11, 2000, recommending the City Council receive the final report from Public Works staff resolving the water issues within the Lone Tree Glen Subdivision and dissolve the Council Subcommittee.

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

Mayor Rocha declared a recess at 9:25 P.M. The meeting reconvened at 9:36 P.M. with all members present.

City Attorney Galstan presented the staff report dated January 4, 2000, recommending the Council authorize the Mayor to sign a letter formally requesting LAFCO to withdraw the City's request for a change in the Sphere of Influence. The withdrawal would be contingent upon LAFCO waiving the normal time period for re-submittal and allow the City to apply concurrently for Sphere of Influence amendment and annexation.

Jean Kuberra stated the LAFCO agenda could be amended pertaining to the items set for the hearing. She read the item on the LAFCO agenda for the January 12, 2000 meeting. She noted this request for withdrawal is actually at the behest of Mr. Roddy and company.

Roger Henry stated he was opposed to the Supervisors attempt to take the rights of the City of Antioch to determine for themselves how they control and develop economically. He noted his support of the revised proposal submitted to LAFCO and Mr. Roddy and Mr. Pierce's willingness to do an EIR for their project.

Ralph Hernandez stated the Roddy Ranch property was in the County's Sphere of Influence and it was proper for LAFCO and the County Supervisor to handle this issue. He suggested LAFCO deal with the immediate proposal.

Norma Hernandez stated the Sphere of Influence dealt with raw land and the Roddy Ranch project had already been presented to the City Council. She noted the Roddy Ranch project providing jobs paying $12.50 an hour would not keep Antioch residents off the freeway. She further noted Mr. Roddy would need to provide his own business district.

Lou Rosas commended the City Council for their agenda action to look at economic development with neighboring communities. He noted the option to withdraw the LAFCO application provided the City with the opportunity to look at the economic development available in East County. He urged the City Council to work with expediency to take advantage of this opportunity.

Council Member Sudario speaking to the motion, requested it be split into sections.

Council Member Freitas stated the Sphere of Influence change would allow Antioch to plan and control its own destiny.

Council Member Sudario stated she would vote against the request because she was denied the right to break the motion into two parts. She stated this was County land and LAFCO should be responsible for decisions regarding its future. She noted this project was sprawled growth, providing $12.50 an hour jobs within the existing City limits.

Council Member Freitas noted he had previously stated this project would come under the 500-unit cap per year proposal. He further stated the project would provide the City of Antioch with upscale housing and jobs.

Mayor Rocha declared a recess at 10:17 P.M. The meeting reconvened at 10:21 P.M. with Council Member Sudario absent.

On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council authorized the Mayor to send a letter to LAFCO requesting withdrawal of the request for a Sphere of Influence amendment contingent on LAFCO allowing concurrent application for the Sphere of Influence amendment and the annexation and waiving the time period for re-submitting the request. The motion carried the following vote:

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

8. REVIEW OF ORDINANCES DEALING WITH TRAILER, BOAT, AND RECREATIONAL VEHICLE PARKING ON PRIVATE PROPERTY
   

City Manager Ramsey presented the staff report dated December 14, 1999, recommending the City Council receive and file the report.

Council Member Sudario rejoined the meeting at 10:23 P.M.

Douglas Tokes provided photos and discussed violations of the current Code in the City. He felt the violations were unfair to the other homeowners and noted there was ample storage facilities in the area.

Ralph Hernandez urged the City Council to handle violations of the Ordinance on a case-by-case bases stating enforcement of stringent laws on residents could have a negative impact.

Norma Hernandez stated rules and regulations regarding vehicle storage currently existed and urged the residents to be more tolerant.

Council Member Soliz stated some clauses of the existing Ordinance were open to interpretation making code enforcement difficult.

Council Member Freitas stated there was a weakness in the Code as written and suggested the Police and Planning Commission along with Neighborhood Improvement Coordinator Denise Skaggs review the Ordinance.

Council Member Sudario suggested she would like the Ordinance enforced when two or more complaints were received on a vehicle or when the parking of a vehicle was determined to be a health and safety issue. She stated she supports consideration of temporary parking of recreational vehicles on the owner's property.

Council Member Davis voiced his support of the Police and Planning Commission, along with Neighborhood Improvement Coordinator Skaggs review of the Ordinance. He also recommended recreational vehicles, trailers, and boats be added to the clear vision zone.

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

9. RESOLUTION APPROVING 2000/2001 TRANSPORTATION DEVELOPMENT ACT (TDA) PROGRAM APPLICATION FOR FUNDING OF PEDESTRIAN/BICYCLE PROJECT (PW 645)
   

RESOLUTION NO. 2000/02

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously adopted the Resolution.

10. RESOLUTION ACCEPTING IMPROVEMENTS FOR MEADOW CREEK ESTATES, UNIT IV (MEADOW CREEK ESTATES, INC.), TRACT 7125, AND AUTHORIZING A SETTLEMENT AGREEMENT AND RELEASE (PW 563-4)
    

Public Works Director Brandt presented the staff report dated January 3, 2000, recommending the City Council adopt the Resolution accepting improvements in Meadow Creek Estates, Unit IV, Tract 7125, and authorize the Mayor to sign the Settlement Agreement and Release.

Norma Hernandez urged the Council to not accept any such improvements or sign any agreements until after the completion of the inspection of the lateral lines.

Ralph Hernandez disagreed with Mr. Brandt stating he did not support accepting the agreement. He added the agreement was vague and released the company from any warranties leaving the City to assume responsibility. He urged the City to wait until the report was in from Brown and Caldwell before taking any action.

City Attorney Galstan responded to Mr. Hernandez clarifying it was not Mr. Brandt's recommendation to not accept the improvements, but rather an option suggested in the staff report. He noted these improvements had been in the ground for 6-8 years and were not creating a problem thus the suggestion to waive the warranty period.

Jeanne Pavao, representing Meadow Creek Estates, clarified they were in agreement with Mr. Brandt, the bond did include any remedial work required to repair the lateral surface connections.

RESOLUTION NO. 2000/03

On motion by Council Member Sudario, seconded by Council Member Freitas the Council unanimously accepted the resolution with the following amendment to the contract to read: That any public improvements that would be removed or damaged in the process of replacing the water lines would be included within the work to be done and covered by the Bond.

11. FORMATION OF ADVISORY BODY TO COUNCIL ON ARTS AND CULTURAL PROGRAMS
    

Personnel Director Chaumette presented the staff report dated January 6, 2000, recommending the City Council direct staff as to Council's desired course of action.

Mayor Rocha stated her support to form an independent, non-profit corporation to provide the City with cultural programs.

Council Member Davis expressed his desire and support of re-establishing a seven member Civic Arts Commission.

Council Member Freitas suggested forming or finding a non-profit organization to run the Arts Program, entering into an arrangement to provide financial assistance for the program with a sunset clause of 3-5 years, thus allowing time for them to obtain outside funding sources and become self-supporting. He also felt the program should be managed through Leisure Services until it was self- supporting.

Council Member Sudario agreed with Council Member Davis, stating the citizens voted for the money to go toward Civic Arts and a Commission.

Roger Henry voiced his support of citizen input into the governing of arts within the City. He noted his support of an advisory panel composed of members of the community, properly screened and possessing a background in the arts. He further noted the City should retain and exercise the right to carefully screen potential members and then to remove members who cause problems within the Commission.

Jean Kuberra agreed the committee members should have a background in the arts, adding the selection process should be established involving public participation in the Council action. She was not in favor of a non-profit organization running the arts program, as non-profits are not required to hold open meetings.

Council Member Soliz stated he supports a non-profit organization with artists involved that would give direction to a staff member and include a sunset provision.

Council Member Freitas requested more information on how the non-profit model would operate.

City Manager Ramsey stated if Council's direction is to move forward as a non-profit organization he would bring back specific recommendations.

On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council directed staff to report back at the earliest opportunity on finding staff, setting parameters, etc. for a non-profit group. The motion carried the following vote:

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

12. LEGISLATION AND ADVOCACY
    

City Attorney Galstan gave a brief report outlining his reasons for opposing AB1648. He stated the author has amended the bill to allow the Metropolitan Transportation Commission's membership to be increased with four new members coming from mass transit agencies. He further noted there was a 10-5 vote recommending the bill's approval. He suggested staff compose a letter of opposition and contact the other cities in East County for support.

Council Member Freitas stated the Metropolitan Transportation Commission was a powerful organization determining how funds are appropriated for transportation projects in the Bay Area. He noted the 4 members appointed would change the composition of MTC and suggested the City Council concur with the Contra Costa Transportation Authority and take a position of opposition to AB1648 and recommend other Contra Costa cities take opposition.

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council opposed AB1648 as amended. The motion carried the following vote:

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

Council Member Soliz requested additional information on the Parks proposal, Proposition 12, for the next meeting.

13. COUNCIL CONSENT CALENDAR

1. APPROVAL OF COUNCIL MINUTES:  November 23 and December 7, 1999
   
2. APPROVAL OF COUNCIL WARRANTS
   
3. APPROVAL OF TREASURER'S REPORT
   

4. REJECTION OF CLAIMS

   1. Claim of Renee Jones, #99/00-1105
   2. Claim of Paul Mallett by State Farm Insurance, #99/00-1103A
   3. Claim of Advanced Video Tech by Golden Eagle Insurance, #99/00-1103B
   4. Claim of Richard Aranda, #99/00-1119
5. APPOINTMENT OF LIBRARY COMMISSIONER OF BARBARA HERENDEEN
   
6. CONTRA COSTA MOSQUITO ABATEMENT DISTRICT VACANCY (1)

On motion by Council Member Freitas, seconded by Council Member Sudario, the Council unanimously approved the Consent Calendar.

Mayor Rocha adjourned to the Antioch Development Agency.

14. AGENCY CONSENT CALENDAR

1. APPROVAL OF AGENCY MINUTES:  November 23 and December 7, 1999
2. APPROVAL OF AGENCY WARRANTS

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved Items A and B of the Agency Consent Calendar.

PUBLIC COMMENTS:  None

Council Member Davis stated he attended the Mayors' Conference on January 6, 2000, in Walnut Creek and reported Mayor Rocha was unanimously voted as Chair of the Contra Costa County Mayors' Conference.

Council Member Soliz stated he had attended, with Council Member Davis, the West Rivertown Area subcommittee meeting on January 10, 2000. He noted they looked at various designs for housing and commercial development. He further noted he had attended the Mello Roos Board meeting with Council Member Davis and he was looking forward to receiving information on Deer Valley High School and a break down on the Mello Roos dollars used for Prewett Park. He stated he would be out of town for the January 18, 2000 meeting, and asked to be excused.

Mayor Rocha stated she had installed the new members at the Senior Center and wished them luck.

City Manager Ramsey changed the second agenda item for the Council Study Session on January 18, 2000, to information from Schrieber on the Lowe's project.

With no further business, Mayor Rocha adjourned the meeting at 11:35 P.M., to the next scheduled meeting on January 18, 2000.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk