ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
April 11, 2000
City Council Chambers
CLOSED SESSION, PUBLIC EMPLOYEE PERFORMANCE EVALUATION:City Manager. This Closed Session is authorized by Government Code '54957. This Closed Session was continued to the meeting of April 25, 2000.
Mayor Rocha called the meeting to order at 7:00P.M., and City Clerk Martin called the roll.
Present: Council Members Freitas, Davis, Sudario, Soliz, and Mayor Rocha
PLEDGE OF ALLEGIANCE
Council Member Davis led the Council and audience in the Pledge of Allegiance.
In response to Mayor Rocha=s request, a motion was made by Council Member Freitas, seconded by Council Member Soliz, the Council voted unanimously to add a proclamation in ACommemoration of the Anniversary of the Fall of Bataan."
Council Member Davis presented the Proclamation to Lonnie Karste proclaiming the month of April as Earthquake Preparedness Month. Mr. Karste, on behalf of Emergency Services, thanked the Council for the Proclamation. He stated pamphlets were available for the community.
Mayor Rocha presented the Proclamation,ACommemorating the Anniversary of the Fall of Bataan April 9, 1942" to Ms. Santos. Ms. Santos, on behalf of the PhilAmerican organization, thanked the Council for the proclamation.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Mike Malody announced the Antioch Mayor's Prayer Breakfast on April 13, 2000 at 7:00A.M., noting this year's speaker would be Dr. Arlene Kaiser.
Jean Kuberra announced the Antioch News and Views program schedule on the local public access channel, adding there would be an airing of Assemblyman Tom Torlakson=s Town Hall Meeting regarding open space preservation.
Maria Rigazio, USS Posco employee, and Daniel Guterrez, United Steel Workers Representative, invited the Council to a Candlelight Vigil Memorial and Protest of the World Trade Organization's naming of China as the most favorable nation on April 13, 2000, at 7:00P.M., at Fifth Street and Railroad Avenue in Pittsburg. Mr. Guterrez presented the Council with a letter from Mr. Muller.
Ralph Hernandez requested the City consider a day of recognition for Kevin Dorrian, a former Antioch Police Officer who recently passed away.
Council Member Sudario requested a proclamation for Mr. Dorrian's family.
COUNCIL REGULAR AGENDA
Public Works Director Brandt presented the staff report dated April 5, 2000, recommending that the City Council: a) Adopt the Resolution approving the lease agreement; b) Adopt the Resolution approving the license agreement; c) Adopt the Resolution approving the Economic Benefit Agreement; and d) Adopt the Resolution approving the revision to the Waterfront Plan.
Calpine representative, Mr. Buchanan, gave an executive summary of the workshop held on April 4, 2000 addressing the highlights and questions that arose as well as summarizing the conclusions.
Discussion ensued regarding future waterfront development and the written responses from the Department of Fish and Game and the United States Department of the Interior regarding the California Endangered Species Act.
Council Member Freitas clarified the California Energy Commission had approved the construction of the project noting the issue before the Council was the pipeline route.
City Attorney Galstan summarized the Lease Agreement, License Agreement, Economic Benefit Agreement and the Amendment to the Waterfront Restoration Plan.
Jean Kuberra felt the City should exercise its intervention rights rather than sell out in favor of the construction of two power plants in Pittsburg. She reviewed the federal protection administration rules which require an Environmental Justice Report.
Sharon Baker felt the pipeline was a potential danger to the citizens, and objected to not having been notified. She requested this item be re-agendized as a public hearing.
Norma Hernandez also felt this matter should have been noticed as a public hearing. She expressed concern for the environmental impact the pipeline's route through the Butterfly Sanctuary, Sand Dunes, and Roger's Point could have, as well as the route's proximity to an earthquake fault line.
Lenn Overton questioned whether or not the engineers had considered the outcome of a pipe rupture at 120 feet below ground, or the possible development of the waterfront.
William Leroy felt approval of this gas pipeline, which would not serve the community and could possibility hinder development of the waterfront, should be denied, especially given Contra Costa County's high pollution count.
Ed McMunn stated he had attended Calpine's public meeting and felt confident about the information received from Calpine and Mr. Brandt. He noted the City would be making money on an existing facility and reviewed Calpine's contributions to the community. In response to Mr. McMunn, Mr. Brandt stated if PG&E were to do this same project the City would not receive any money.
Ron Anderson discussed the negative impact the pipeline would have on any future waterfront development, and urged the City Council to exercise its authority to stop or suspend this operation.
Kristina Benton expressed concern for the pipeline in Antioch and requested the City Council table this item and schedule a public hearing.
Steve Benner spoke in opposition to the power plant expressing his concern for the serious health risks from toxic waste polluting the City's air.
Dan Renville, Vice President of Calpine's Gas Operations, addressed those concerns regarding safety, operation and maintenance of the pipeline. He noted the design was strictly regulated by the Department of Transportation, including pressure testing. He further noted there were written maintenance and operation procedures, as well as an Emergency Response Plan. Responding to Council Member Freitas, Mr. Renville stated the Office of Pipeline Safety required incidents involving pipeline damage or injuries be reported; to date, with 350 miles of pipeline, Calpine had not had a reportable incident.
Various employees from Calpine spoke on specific aspects of the proposed operation, including: a report on HDI, the pipeline contractor for the Horizontal Directional Drills, stating they had extensive experience with this type of work; the issue of air quality was addressed, stating a comparison of the old plants with the proposed new plant would show the level of emissions for Nitrous Oxide and PM10 have gone from 200 to 2 parts per million.
Mr. Buchanan stated a thorough legal search had been conducted in addition to research performed by their professional engineer, and no jurisdictional or other restrictive vehicle had been found to constrain development from occurring effectively in any form above the pipeline. City Attorney Galstan added he had seen the technical review and there would be no interference with that type of future use.
Council Member Sudario voiced her concern that an Environmental Justice Review had not been performed prior to the power plant approval. She felt the pipeline was a potential hazard to the waterfront, noting she would not be supporting the motion.
Council Member Soliz stated the pipeline had the safety required to go through the community, plus pollution production of particulate matter would be 100 times less than the current plant's.
Council Member Freitas clarified the California Energy Commission had already approved the plant; the issue before Council was the construction of the gas line. He felt the project, as presented, would reduce air pollution and the safety of the community was guaranteed.
RESOLUTION NOS. 2000/45, 2000/46, 2000/47, and 2000/48
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council approved: a) Adoption of the Resolution approving the lease agreement; b) Adoption of the Resolution approving the licensing agreement; c) Adoption of the resolution approving the Economic Benefit Agreement; and d) Adoption of the Resolution approving the revision to the Waterfront Plan. The motion carried by the following vote:
Ayes: Freitas, Soliz, Davis and Rocha
Mayor Rocha declared a recess at 9:08 P.M. The meeting reconvened at 9:25 P.M. with all members present with the exception of Council Member Sudario. Council Member Sudario arrived at 9:27 P.M.
Community Development Deputy Director Carniglia presented the staff report dated April 11, 2000, recommending the City Council deny the applicant's appeal, and uphold the decision of the Planning Commission to deny the Use Permit.
Mayor Rocha opened the public hearing.
Stuart Safine, representing the applicant, stated Mr. Gomez had been operating an auto repair business in the community for 15 years, and had requested a use permit approval to locate his business at 901 East Eighteenth Street. As the property was zoned C-3, Mr. Safine felt the business would be in compliance with the Antioch Municipal Code. He stated there would be no detrimental impact on the surrounding land uses and urged the Council to approve the appeal.
Ralph Hernandez voiced his support of the appeal noting it was an opportunity to give a long-standing community businessman the opportunity to relocate and restart his business. He noted any noise or disturbance created by the business could be mitigated.
Jim Conley read a letter on behalf of Jim Boccio, urging the Council to deny the appeal. He then presented the Council with two separate petitions of opposition.
Norma Hernandez stated Mr. Gomez had the right to open his business at this location as it was properly zoned. She urged the Council to follow the General Plan.
Jean Kuberra felt Mr. Gomez was entitled to do business in Antioch and felt the incompatibility argument was discriminating in this case.
Mr. Safine clarified the project had been conditioned to ensure the automobile repair facility would not cause any disturbances to the adjoining properties. He further stated Mr. Gomez would comply with all the conditions of approval.
Mayor Rocha closed the public hearing.
Discussion ensued regarding the impact and compatibility of this business to the adjoining properties.
Council Member Sudario stated the site was properly zoned for a repair shop, and legally the City could not deny the use permit. She noted the incompatibility was created when the City rezoned the area to the west to accommodate the Senior Housing Project.
Community Development Deputy Director Carniglia stated the property was zoned C1, Neighborhood Commercial, which prohibits auto repair. The General Plan designation was Service Commercial, and though not consistent with the underline zoning, would allow a Service Commercial auto repair with a conditioned use permit. He noted the Senior Housing Project zoning was Office Commercial and pre-dated the current General Plan.
RESOLUTION NO. 2000/50
On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the Resolution denying the appeal, with the addition that should the applicant be interested in working with the City to seek out other potential sites, all City resources would be made available to him. The motion carried the following vote:
Ayes: Soliz, Freitas, Davis
Noes: Sudario, Rocha
City Manager Ramsey introduced the item stating the proposed Interim Ordinance would: a) Limit the rate of growth for new residential development up to a maximum of 500 building permits issued per year; and b) Require new residential development to provide job creation at a rate of up to two jobs for each residential unit. This could be accomplished by directly providing jobs, payment of an appropriate fee, or other methods as determined appropriate.
Community Development Deputy Director Carniglia presented the staff report dated April 5, 2000, recommending the City Council review the attached Interim Ordinance, provide comments and direct staff as appropriate, and continue the item to the Council meeting of April 25, 2000.
Discussion ensued regarding the impact of development to the existing commercial land.
Mayor Rocha opened the public hearing.
Guy Bjerke, representing the Home Builder's Association of Northern California, stated the intent of the Ordinance was to address the public's health, safety. and welfare; however, the findings in the proposed Ordinance did not address those issues. He urged the Council to take additional time, review the points and processes, and make sure implementation of the Ordinance was clear.
Ron Rives, representing Seeno Construction Company, expressed their objection to the application of the 500 home per year limit. Should it become necessary to extend their development agreements, such a requirement would preclude a reasonable economic return, given vast amounts of public infrastructure they had provided in the City of Antioch. He further noted their objection to the requirement to create two jobs per housing unit, stating there was no nexus and the Ordinance was vague. In the event Council adopted this Ordinance, he requested they exempt those who held existing development agreements from the 500 unit limit. He stated there was concern an EIR was not done for this Ordinance.
Terry Ramos urged the City to retain the ability to limit the homes. He also felt the existing development agreements should be included in the 500-unit limit and the Ordinance should not have a sunset clause. He voiced his support for the effort put into the Ordinance.
Thomas McNell discussed the shortage of schools for the homes projected to be built next year. He felt residential development should be stopped until the City could keep up with school and highway issues. He felt the Ordinance was vague and full of loopholes.
Council Member Freitas stated revenues to provide additional schools and highway improvements come from residential development and the Ordinance addresses limiting residential development as directed by Measure "U."
Council Member Sudario stated a moratorium was in order because a public health and safety issue existed regarding children and freeways.
Norma Hernandez stated Measure "U" did not exist and the City was not in compliance with Measure "C" which was the law in Contra Costa County.
Jean Kuberra stated Measure "U" did nothing for the existing ratio imbalance of jobs to housing. She discussed the ABAG requirements for low- to moderate-income housing, noting the City was not adhering to this requirement. She requested an annual report of Antioch's current job to housing ratio.
Barbara Sobalvarro spoke in favor of the Interim Ordinance stating it was the culmination of many public meetings on this issue.
Ralph Hernandez stated he was opposed to the proposed vague Interim Ordinance and felt the City Council should redefine what Measure "U" really meant.
Allen Payton suggested limiting residential growth to 300 homes a year and tie the number into specific improvements in infrastructure.
Mayor Rocha closed the public hearing.
Council Member Soliz stated he was willing to lower the number of building permits issued per year.
Council Member Sudario stated the City should be following Measure "C" and the General Plan to mitigate the infrastructure impacting the community.
Council Member Freitas agreed with the public's assertion the Ordinance was vague, noting Council should not move forward with this unless staff has information indicating a reason for urgency. He suggested the item be held in abeyance, agendized as a single item to allow a prolonged discussion before a decision was made.
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously directed the current subcommittee to continue to work on the implementation of Measure "U," tabling this item until a new proposal was submitted.
COUNCIL REGULAR AGENDA
On motion by Council Member Sudario, seconded by Council Member Davis, the Council unanimously continued this item to the next regular Council meeting on April 25, 2000.
On motion by Council Member Sudario, seconded by Council Member Davis, the Council unanimously continued this item to the next regular Council meeting on April 25,2000.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the changes.
APPROVAL OF COUNCIL MINUTES: March 14, 2000
APPROVAL OF COUNCIL WARRANTS
ORDINANCE NO. 971-C-S ADDING SECTION 9-5.3832 TO THE ANTIOCH MUNICIPAL CODE, DEALING WITH METHADONE CLINICS
AUTHORIZE ADVERTISEMENT OF FOUR (4) POLICE COMMISSION VACANCIES (1BUNEXPIRED, 3BFOUR YEAR TERMS)
RESOLUTION NO. 2000/51 AUTHORIZING AN APPLICATION FOR A USED OIL RECYCLING BLOCK GRANT B SIXTH CYCLE 2000/2003
RESOLUTION NO. 2000/52 ACCEPTING WORK AND AUTHORIZING CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR DEMOLITION AND REMOVAL OF BUILDINGS AND STRUCTURES AT VARIOUS LOCATIONS (PW 469-16)
RESOLUTION NO. 2000/53 ACCEPTING WORK AND AUTHORIZING CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR REHABILITATION OF THE 3BMILLIONBGALLON ZONE II RESERVOIR (PW 246-21)
RESOLUTION NO. 2000/54 and RESOLUTION NO. 2000/55 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND ACCEPTING GRANT DEED FOR ONE-FOOT STRIP FOR BLACK DIAMOND KNOLLS SUBDIVISION, UNIT 19, (RICHLAND DEVELOPMENT/BLACK DIAMOND KNOLLS, LTD./SOUTH TERRA CORP.), TRACT NO. 8325 (PW 581-19)
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Consent Calendar with the exception of Item "H," which was removed for further discussion.
ITEM "H" -- Council Member Sudario stated she would not vote on final maps approving any more residential development.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Item "H" of the Consent Calendar. The motion carried the following vote:
Ayes: Davis, Soliz, Freitas, Rocha
Mayor Rocha adjourned to the Antioch Development Agency.
- APPROVAL OF AGENCY MINUTES: March 14, 2000
- 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.
Mayor Rocha declared a recess at 11:42 P.M. The meeting reconvened at 11:50 P.M. with all members present.
COUNCIL REGULAR AGENDA (CONTINUED)
City Manager Ramsey gave a brief overhead presentation addressing the questions and concerns raised regarding this project at the last meeting.
Assistant to the City Manager Bill Gegg gave an overview of the proposed Lowe's project and its benefits to the City of Antioch.
City Attorney Galstan addressed the adequacy of the traffic study noting after it was concluded there would not be a significant increase in traffic at the Lowe's location.
City Manager Ramsey recommended Council approve this project stating it would address a blighted area as well as being a long-term investment capable of serving the City and community well.
Ralph Hernandez stated he believed the City was using nuisance codes to deprive the property owner of his property through eminent domain. He reviewed the value and assets of the Donahue Schriber Company from information he received off of the Internet, stating he felt it was a waste of public funds.
Norma Hernandez stated she felt Neighborhood Improvement Services should have enforced the City Code and required the property owner to maintain the property. She stated the City was suppose to find alternatives to bring the property up to code and make it profitable. She discussed the negative impact of Lowe's to existing Antioch businesses.
Jean Kuberra requested the City produce the Negative Declaration on Lowe's and the date it was agendized.
William Leroy felt the Kmart site was a prime location. He further stated a redevelopment loan to Donahue Schriber was a bad idea, he was against giving away public funds.
Sandy Henry stated she and her husband supported bringing Lowe's to Antioch noting it would be a great benefit to the community.
Michael Hassen, representing C & L Holdings, stated they want to be paid fairly for the property, ensure the proper steps were followed, and the information necessary for Council to make an intelligent decision was before them. He stated the City did not know the particulars of the C & L Holdings lease and therefore could not determine a fair market value. He disagreed with the traffic study stating he believed Lowe's would affect traffic. He further noted the City had failed to approach C & L Holdings with a proposal to improve the property, but instead resorted to eminent domain.
Lamont Campbell, representing Hospice of Contra Costa, stated he felt this project would increase Antioch's retail income and tax revenue. He discussed the poor condition of the property, blight and crime at the shopping center. He requested the Council's help in relocating, stating he would not receive any funds from C & L Holdings for relocation costs.
City Attorney Galstan stated once the items passed, Closed Sessions would be held to work out settlements to the various tenants.
Tom Phan discussed moving expenses, noting his property was larger than most but was set to receive less funds than the smaller ones.
Roger Henry, representing Association of Responsible Citizens, stated Donahue Schriber had the financial ability to follow through on the commitment they had made to the City and the incentive offered by the City to Donahue Schriber was reasonable. He urged the Council to vote in favor of this project.
Ed McMunn suggested the City fine C & L Holdings for safety negligence, given the condition of property. He expressed concern for Hospice and its ability to relocate and suggested Lowe's and C & L Holdings provide financial assistance to help with the moving expenses. He requested a clear interpretation of the organization agreement regarding union and apprenticeship programs.
City Manager Ramsey clarified there was no money being given up front for this project. He stated the City was fortunate to have a commercial development company like Donahue Schriber interested in this site, noting they had the financial depth and business acumen to take a project such as this to completion.
Jim Manyon, Site Development Manager representing Lowe's, discussed the hours of operation and employee base pay, stating they pay what the area market demands. He further noted they competitively bid contracts and would look to local contractors to fulfill the contracts.
City Manager Ramsey clarified Donahue Schriber had made a firm commitment in working with the City to promote the use of local contractors capable of providing apprentices to the project.
Mayor Rocha expressed concern regarding the average salary schedule and how Lowe's intended to use "reasonable efforts" to encourage contractors to use local residents and provide an apprenticeship program.
Council Member Sudario voiced her opposition to the Resolution noting there were no findings or alternatives regarding eminent domain, adding three developers have contacted her regarding renovating this property. She noted an EIR and documentation of the agreement between Lowe's and Donahue Schriber needed to be received by the Council before this project could be approved. When asked to disclose the names of the three interested companies, Council Member Sudario stated she would only disclose the names of the interested companies if the Lowe's proposal was rejected.
RESOLUTION NO. 2000/49
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council approved the Resolution contingent upon receipt of a letter from Lowe's within 30 days, providing their average salary schedule; and a detailed explanation of their March 23, 2000 correspondence to City Manager Ramsey, outlining how they intend to use "reasonable efforts" to encourage contractors to use local residents who are graduates of, or enrolled in, a certified State-approved apprenticeship program. The motion carried by the following vote:
Ayes: Davis, Soliz, Freitas, Rocha
Mayor Rocha adjourned to the Antioch Development Agency.
AGENCY REGULAR AGENDA
Agency General Counsel Galstan presented the staff report dated April 6, 2000, recommending the Antioch Development Agency adopt the Resolution approving the owner participation agreement between the City of Antioch, the Antioch Development Agency, and Donahue Schriber for the Redevelopment of the old KMART site on Somersville Road.
Norma Hernandez stated the City of Antioch was expending money for this project and nothing would be gained.
Ralph Hernandez stated he felt the Redevelopment Agency was taking property away from a property owner through the eminent domain process, noting this would harm the community, other businesses, and taxpayers.
Lamont Campbell felt the important issue was this business would be supplying 200 people with jobs in the City of Antioch.
William Leroy stated blight was a relative term and the 200 jobs would not serve just Antioch residents, noting the Agency was giving away millions of dollars in taxpayers' money.
Michael Hassen clarified C & L Holdings had a lease on the property, they did not own it. He requested a clearer definition of the items contingent upon the approval of the Resolution.
Agency General Counsel Galstan suggested requiring the receipt of the proofs within 30 days, and when received they would be put on the next available City Council consent calendar as a report.
RESOLUTION NO. ADA-365
On motion by Agency Member Soliz, seconded by Agency Member Freitas, the Agency adopted the Resolution contingent upon receipt of a letter from Lowe's, within 30 days, providing their average salary schedule, and a detailed explanation of their March 23, 2000 correspondence to City Manager Ramsey, outlining how they intend to use "reasonable efforts" to encourage contractors to use local residents who are graduates of, or enrolled in, a certified State-approved apprenticeship program. The motion carried by the following vote:
Ayes: Davis, Soliz, Freitas, Rocha
Agency General Counsel Galstan presented the staff report dated April 5, 2000, recommending the Council adopt the resolution.
Michael Hassen, CL Holdings, recommended and requested they be given some time to pursue the selection of a mutually agreeable, retired judge to mediate the fair value issue between the parties before the Agency approves eminent domain.
In response to Mr. Hernandez, Agency General Counsel Galstan clarified the acquisition of Sizzler was included in the 1.3 million dollar budget the Agency was being reimbursed. Mr. Hernandez felt the Agency did the eminent domain extension and proceeding for this particular area in order to go through the KMART proposal without public input. He suggested the Agency talk to the people interested in investing in this property and not give away sales tax and property increment tax monies.
Lamont Campbell stated the Agency would be effectively eliminating blight by approving this project. He clarified Hospice of Contra Costa had not received an offer of compensation from CL Holdings.
William Leroy stated he felt eminent domain meant the citizens did not own their community.
RESOLUTION NO. ADA-366
On motion by Agency Member Soliz, seconded by Agency Member Davis, the Agency adopted the resolution. The motion carried by the following vote:
Ayes: Davis, Soliz, Freitas, Rocha Noes: Sudario
Michael Hassen, C & L Holdings, stated his office had dealt with Mr. Nave on several occasions and it would be a privilege to work with his firm.
Rose Lombardo, representing Ace Hardware, provided written opposition to the project.
RESOLUTION NO. ADA-367
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency adopted the Resolution. The motion carried by the following vote:
Ayes: Davis, Soliz, Freitas, Rocha
Mayor Rocha adjourned from the Antioch Development Agency
Jean Kuberra stated she had dealt personally with and respected Mr. Nave's law firm. She discussed Antioch's requirement to perform an Environmental Justice Report and the City's compliance with the requirement.
City Attorney Galstan informed the Council there was an Environmental Justice Report as part of the EIR from the Energy Commission.
William Leroy discussed the meeting held regarding the power plant and pipeline construction.
With no further business, Mayor Rocha adjourned the meeting at 2:15 A.M., to the next scheduled Closed Session at 6:00 P.M. on April 18, 2000.
L. JOLENE MARTIN, City Clerk
Approved: MARY H. ROCHA, Mayor