ANTIOCH DEVELOPMENT AGENCY
June 13, 2000
City Council Chambers
Mayor Rocha called the meeting to order at 7:00 P.M., and City Clerk Martin called the roll.
Present: Council Members Freitas, Davis, Soliz, and Mayor Rocha
PLEDGE OF ALLEGIANCE
Council Member Davis led the Council and audience in the Pledge of Allegiance.
United States Army's 225th Birthday - June 14, 2000
Flag Day - June 14, 2000
On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously approved the proclamations.
Council Member Davis presented the Proclamation to Joe Marks proclaiming June 14, 2000, as Flag Day. Mr. Marks, on behalf of the Elks Lodge, thanked the Council for the recognition. He stated David Church, an Antioch student, had recently won a contest sponsored by the California/Hawaii Elks Association for his essay entitled "Why We Honor the Flag." Mayor Rocha requested he receive public recognition for his achievement.
Mayor Rocha invited everyone to attend the Birthday Cake Cutting for the Army on June 17 at 12:00 P.M. in the County East Mall, adding she would present them with the proclamation at that time. She recognized and welcomed Assemblyman Tom Torlakson to the Council meeting.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Jean Kuberra announced a meeting on June 15, 2000 at 7:00 P.M. in Pittsburg sponsored by the Community Abatement of Pollution and Industrial Toxins. She reviewed the program schedule regarding the Channel 26 viewing of the Memorable Moments of the Deer Valley High School Graduation ceremony which had taken place on June 16, 2000.
Mike Amorosa invited the community to a 5K Fun Run before the July 4th parade in downtown Antioch, and provided the community with a contact number.
Jean Kuberra discussed the body searches performed on the Deer Valley High School students and raised the question of whether or not this was a violation of the AUSD’s authority and a violation of the students' rights by conducting what she felt was an illegal and unwarranted search.
Dwight Barry presented the City Council with a petition from residents concerned about speeding traffic on Bellflower Drive. He requested City assistance in this matter and added he would be willing to pay for signs and improvements.
Elvin Scott discussed his dispute with the Internal Revenue Service regarding his non-profit status. He stated information would be provided on the Internet and on a local television station.
Johnny Ray discussed his concern regarding increased traffic caused by the proposed Gateway Christian Center on East 18th Street. He stated he felt 2.6 acres was not sufficient for a combined school and church facility.
Allen Payton voiced his support of the concept of a buy-in for any BART extension outside the current boundary lines. He recommended the funds be controlled differently if the money was designated for road improvements. He suggested negotiating a deal with Livermore and Alameda County allowing them to receive their BART extension now with Contra Costa County receiving Highway 4 and Vasco Road improvements and the bypass construction.
COUNCIL REGULAR AGENDA
UPDATE ON SUCCESS 2000 AFTER SCHOOL/MIDDLE SCHOOL PROGRAM
David Sanderson gave a list of the agencies involved in the Success 2000 Program and introduced Delores Long, Vice Principal of Antioch Middle School.
Ms. Long gave an overhead presentation summarizing the impacts and results this program had made during its first year of operation. In response to Mayor Rocha, Ms. Long stated the funds from Cal Works had been used to provide three portables specifically for the after-school program. She noted they had funds for classrooms and Title One, but not enough for the entire year. She further noted they would continue looking for non-profit agencies and any available state funding or grants.
Louis Koch voiced his support of the efforts of the program and investing in the children. He felt every effort should be made to find the funds to extend the program to other middle schools.
Mayor Rocha thanked all the members who were part of the cooperative effort to keep this program going. Council was presented with shirts depicting the program logo.
LEGISLATION AND ADVOCACY
BART Extension to Antioch, AB 2929
Mayor Rocha presented the staff report dated June 6, 2000, recommending Council authorize the Mayor to sign a letter in support of AB 2929.
Assemblyman Tom Torlakson addressed the Council and stated he had introduced Assembly Bill 2929 noting it would require a fair “buy-in” price for those areas located outside the BART boundaries who have not been paying the extra tax to support BART since its inception. The money from these “buy-ins” would be invested and the proceeds used to fulfill the expansion promises of either a BART or rail extension to Antioch and Livermore. He urged the Council to support this Bill.
Mayor Rocha stated she would be attending the Alameda County's Mayors' meeting and would be discussing this issue. She also announced a rally had been planned for June 15, 2000 at the proposed Antioch BART site on Hillcrest Avenue.
In response to Council Member Freitas, Assemblyman Torlakson stated the community could support this Bill by signing petitions urging BART to support a fair buy-in. He stated the Bill would be heard by the Senate Transportation Committee on June 20, 2000. He further noted a water bill insert would be a good idea to inform the community.
Michael Amorosa presented some historical data regarding the Bart extension priorities and urged the City Council's unanimous support of Assembly Bill 2929.
Louis Koch urged the residents of Antioch to support Assemblyman Torlakson and attend the rally on June 15, 2000. He suggested East County break away from Contra Costa County, forming a new county, eliminating our portion of BART’s tax base.
James Kyle, Member of the Board of Directors of Chamber of Commerce and Economic Development Government Affairs Committee, stated the Government Affairs Committee had discussed this Bill and would make a recommendation to the Board of Directors in favor of support. He expressed concern for the timing of the Antioch connection, stating it should be a priority and the San Jose connection should not be built until the Antioch connection was completed. He suggested light rail be included in the study procedures of this Bill and no Highway 4 funds be taken away.
Thomas McNell expressed his support of Tom Torlakson's Assembly Bill 2929. He expressed concern for the lack of publicity on this issue in the local newspaper. He stated he felt organizations and support from the community was imperative if the extension for East County was to be considered.
Ian Goltra expressed his support for Assemblyman Torlakson's Assembly Bill 2929, noting he felt regional cooperation and organization was critical in East County.
Jean Kuberra stated she felt this effort had acquired a political bandwagon aspect, ignoring the feasibility or logic of focusing money on a study when there were no medians, easements or land on which to construct a BART extension to East County.
Council Member Freitas stated the BART right-of-way was part of the current and future construction up to Loveridge Road. He explained Assembly Bill 2929 clearly outlined for the Legislature and Governor why BART should be extended and the need for all options to be evaluated. He added the Administrative Policy Committee of the Contra Costa Transportation Authority had taken a firm position and was in support of AB 2929. He stated he felt the public, elected and appointed officials, should send letters to Assemblyman Torlakson, Governor Davis and the BART Board in support of this Bill. He urged the public to support the Bill by attending a rally at the Hillcrest Park and Ride on June 15, 2000.
Adam Corder did not wish to speak, but provided written comment supporting this item and noted he hoped the Council would support this legislation.
Dolores Long thanked Mayor Rocha and Tom Torlakson for their hard work, adding she hoped they would receive the community’s support.
Council Member Davis suggested buses be chartered and invitations extended to Oakley, Pittsburg, and Brentwood to attend the rally at the Legislature in Sacramento on June 20, 2000. City Manager Ramsey encouraged residents with access to the City's web page to check it for an item containing information relative to this event.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the endorsement of AB 2929, directed staff to look into water bill inserts to encourage residents to send letters to the Governor, Assemblyman Torlakson, and the Bart Board.
Assemblyman Torlakson thanked the City Council for their support.
Mayor Rocha declared a recess at 8:24 P.M. The meeting reconvened at 8:37 P.M. with all members present.
RESOLUTION ORDERING IMPROVEMENTS AND LEVYING ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICTS FOR THE 2000/2001 FISCAL YEAR (PW 500)
Public Works Director Brandt presented the staff report dated June 13, 2000, recommending the City Council adopt the Resolution ordering improvements and levying annual assessments for the Landscape Maintenance Districts for Fiscal Year 2000/2001.
Mayor Rocha opened and closed the public hearing with no speakers requesting to speak.
RESOLUTION NO. 2000/76
On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously approved the Resolution.
POLICY DIRECTION CONCERNING MEASURE "U" ORDINANCE
Community Development Deputy Director Carniglia presented the staff report dated June 13, 2000, recommending City Council direct staff to prepare the necessary wording formally amending the existing development agreements based on the principles and policy direction set forth in Attachment "A" of the staff report. Public hearings would be conducted at both the Planning Commission and City Council meetings to provide staff with direction. This amended wording would apply to development agreements with a December 31, 2002 expiration date. The affected development agreements would be primarily for residential projects located in Southeast Antioch Area.
Jerry Macie, Antioch School District, stated the board endorsed the Measure “U” action by a vote of 4 to 1 on May 24, 2000, noting the proposed portables would be placed at elementary schools; the high school would have to use other avenues to resolve their shortage issue.
Allen Payton provided a written comment outlining his suggestions: a 300 homes per year limit and new building permit issuance be designated for Highway 4 improvements, new school construction and job creation.
Thomas McNell congratulated and thanked the Council Members, School Board and City staff for working on this noting he felt it would be a benefit to everyone.
Council Member Freitas stated this proposal was voluntary in nature and there would still be a public process, noting it would give relief to overcrowding in Mello Roos Schools, control the rate of growth, and have an impact on Highway 4 by reducing the congestion. He suggested a deadline be given to the development community for a decision on whether or not they would be participating.
Mayor Rocha stated she had hoped there would be some relief for the high school students and a building constructed.
City Manager Ramsey requested the July 1, 2000 date be deleted from Attachment “A”.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council approved Attachment "A" with direction to staff: 1) as the City proceeds through the process a specific date would be designated as a deadline for developers to specify whether or not they would participate; and 2) delete the date of July 1, 2000 from Attachment “A”. The motion carried with the following vote:
AYES: Freitas, Davis, Soliz
RESOLUTION APPROVING RAW WATER SERVICE AGREEMENT BETWEEN CONTRA COSTA WATER DISTRICT AND THE CITY OF ANTIOCH
Public Works Director Brandt presented the staff report dated June 7, 2000, recommending the City Council adopt the attached Resolution approving and authorizing the Mayor to sign a raw water agreement with Contra Costa Water District.
Council Member Soliz directed staff to prepare an “RFP” (Requests for Proposals) to locate an alternative supplier, with lower rates.
RESOLUTION NO. 2000/75
On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously adopted the resolution.
DISCUSSION REGARDING CANCELLATION OF REGULARLY SCHEDULED COUNCIL MEETINGS IN AUGUST
City Manager Ramsey presented the staff report dated June 8, 2000, recommending the City Council consider canceling the two regularly scheduled City Council meetings in August 2000, in order to accommodate vacation scheduling.
Council Member Freitas suggested the Council proceed with the August 8, 2000 meeting as regularly scheduled, noting they would not be back in session for over a month from that meeting.
Council Member Soliz stated he was in favor of taking the entire month of August off provided the schedule would allow it.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council approved a meeting on August 8, 2000 with the next meeting to be held on September 12, 2000. The motion carried with the following vote:
AYES: Freitas, Davis, Rocha
POLICY DIRECTION REGARDING USE OF VACANT CITY AND REDEVELOPMENT AGENCY PROPERTY
City Manager Ramsey presented the staff report dated June 5, 2000, recommending the City Council provide direction regarding the use of City-owned and Redevelopment/ Agency-owned vacant land for any purpose other than an activity directly related to City or Agency business.
In response to Council Member Freitas, City Manager Ramsey stated approval would depend on the revenue generating capacity of the proposed use, if and how much property clean-up would be required of the City, and whether or not the business would generate enough profit to pay rent for the use of the property.
Council Member Freitas requested staff look at the definition of significant hardship and economic disadvantage, in addition to further information on conflict resolution before attempting to develop a policy.
Council Member Soliz stated he would like the City to make arrangements for the use of vacant property to aid non-profits in commercial ventures.
City Manager Ramsey added the City had not supported a for-profit broker's use of City-owned land for weekend and holiday sales.
Council Member Davis stated he did not want the appearance of a flea market on any corner in the city limits. He thanked City Manager Ramsey for enforcing the no parking regulation.
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES: May 9 and 16, 2000
APPROVAL OF COUNCIL WARRANTS
ORDINANCE NO. 973-C-S AMENDING TITLE 9, CHAPTER 5, ARTICLE 3 OF THE ANTIOCH MUNICIPAL CODE (ZONING MAP) REZONING THE SITE FROM “RESTRICTED MULTIPLE FAMILY RESIDENT DISTRICT (R‑3)” AND “MULTIPLE FAMILY RESIDENTIAL DISTRICT (R‑4)” TO A PLANNED DEVELOPMENT DISTRICT (PD) (Eden Housing)
REJECTION OF CLAIMS
Claim of Stephen Markovich, #00/01-1163
Villa Medanos Apartments, #99/00-1153
RESOLUTION NO. 2000/77 ADOPTING THE GROWTH MANAGEMENT COMPLIANCE CHECKLIST FOR THE SALES TAX/TRANSPORTATION INITIATIVE (MEASURE "C")
RESOLUTION NO. 2000/78 ACCEPTING PROPOSAL FROM BOLLARD & BRENNAN, INC. FOR ACOUSTICAL STUDY AT SKATE PARK FACILITY AT PREWETT FAMILY PARK (PW 394-15A)
RESOLUTION NO. 2000/79 APPROVING AGREEMENT BETWEEN CONTRA COSTA COUNTY AND CITIES FOR JOINT EXERCISE OF POWERS FOR TRENCHING AND EXCAVATION OF PUBLIC STREETS
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Consent Calendar.
Mayor Rocha adjourned to the Antioch Development Agency with all Members present.
AGENCY CONSENT CALENDAR
APPROVAL OF AGENCY MINUTES: May 9 and 16, 2000
APPROVAL OF AGENCY WARRANTS
On motion by Agency Member Freitas, seconded by Agency Member Davis, the Agency unanimously approved the Agency Consent Calendar.
Michael Malody spoke to an earlier public comment regarding the Gateway Church and School, noting 2.6 acres could support between 338 and 390 church attendees on a regular bases. He added the private school would have control over the conduct of the people on their property to ensure issues would be dealt with properly.
Jim Boccio asked if all the districts were paying their fair share of the landscape and lighting assessments. Public Works Director Brandt stated they were paying for the services they receive.
Council Member Davis announced the 24-hour Relay for Life sponsored by the American Cancer Society on June 17, 2000 starting at 10:00 A.M.
Council Member Freitas reviewed a correspondence from Virginia Christensen commending Officer Fountain. He thanked Officer Fountain for his actions during a difficult situation and Mrs. Christensen for taking the time to write something positive about Officer Fountain.
Council Member Soliz echoed Council Member Freitas' sentiments regarding Officer Fountain. He noted City Manager Ramsey would be celebrating his birthday during the week and wished him a Happy Birthday. City Manager Ramsey thanked Council Member Soliz.
Council Member Davis stated he had a discussion with a resident involved in a serious accident off of “A” Street who had relayed the actions of an off duty police officer who had assisted her. Council Member Davis suggested a letter of commendation be prepared for this officer’s actions.
Mayor Rocha stated the Citizen of the Year Event would be on June 16, 2000 at the Bridgehead Marina honoring Doctor Thomas Dozier. She stated she had attended a Smart Investment in Our Local Community Economic Partnership, and quoted comments made by California State Treasurer Phillip Angelise regarding growth and economic development.
With no further business, Mayor Rocha adjourned the meeting at 10:03 P.M. to the next scheduled meeting at 7:00 P.M. on June 27, 2000.
L. JOLENE MARTIN, City Clerk
MARY H. ROCHA, Mayor
L. JOLENE MARTIN, City Clerk