Present: Council Members, Davis, Soliz, Sudario, and Mayor Rocha
Late:  Council Member Freitas arrived at 7:10 P.M.

PROCLAMATIONS

• Domestic Violence Awareness Month, October 1999

• Make a Difference Month, October 1999

• 12th Annual East County Hunger Walk, October 2, 1999

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

Council Member Davis presented the Proclamation to Nancy Kaiser, proclaiming October 2,1999 as the 12^th Annual East County Hunger Walk. Nancy Kaiser thanked the Council for their support and encouraged everyone to attend the 12^th Annual Hunger Walk at Contra Loma Reservoir on October 2, 1999. She introduced Reed Custer and Vicki McCoy volunteers from East County. She presented T-shirts and brochures to the City Council.

Council Member Soliz presented flyers and announced the Delta Blues Festival on October 23, 1999 from 2:00 p.m. to 4:00 p.m. at Waldie Plaza in Antioch and encouraged everyone to attend.

Howard Hamburg responded to newspaper quotes from a recent City Council meeting. He stated the allegations of secret negotiations were false, and the fact was Renaissance Entertainment Corporation (REC) had done nothing with their application since May, 1999. He further stated REC had not been involved in conversations with the City Council. He noted they had requested information from staff regarding the ballot process, and REC was taking the necessary steps to place this issue on the November 2000 ballot as an initiative. He stated REC would propose the inclusion of the necessary environmental studies. He noted they have already paid the City $75,000.00 to conduct environmental studies including biology, archaeology and traffic.

James and Carolyn Hastings, Deborah Anderson, Chandra Wallace, George Wong and Ina Wong did not wish to speak, but noted their opposition to the Renaissance Faire in Antioch.

Jean Kuberra criticized Agenda Item #8 and questioned the discrepancies in the public hearing notice on the proposed redevelopment amendment and Negative Declaration. She felt separate hearings should have been held for these items and the Ordinance described in detail.

Elvin Scott gave a brief update on his procedures to recover lost pension funds.

Devin Russell reviewed newspaper articles and quotes from Mr. Hamburg and various other individuals regarding the Renaissance Faire and the EIR.

Michelle Benner stated the Attorneys representing CARE have not seen the Environmental Impact Reports. She discussed the potential increase in taxes needed to pay for road repairs resulting from the additional traffic created by the Renaissance Faire and the election costs associated with the initiative. She demanded all impact reports be placed on the ballot with the arguments.

Roger Henry, Head of Security for the 14^th Annual Jamboree, stated the Jamboree was a success and commended all the volunteers for their support. He suggested the City Council consider being a financial supporter for next year's Antioch Jamboree.

Dennis Nead stated he felt CARE should leave City leaders out of the Renaissance Faire issue since the Renaissance Entertainment Corp. (REC) was planning to pursue ballot approval. He encouraged the members of CARE to visit the Faire in Vacaville. He expressed his support of the Faire noting it was a cultural event that would give Antioch an identity. He further expressed his support of the ballot approval noting it would give all Antioch residents a voice in the matter.

1. UPDATE ON JOINT POSITION WITH ANTIOCH UNIFIED SCHOOL DISTRICT FOR INTERAGENCY COORDINATION

City Manager Ramsey introduced Dr. Lee Jenkins, Antioch Unified School District Superintendent. Dr. Jenkins gave an oral report on the District's position regarding the proposed joint liaison.

Dr. Jenkins stated the Antioch Unified School Board tabled this item for further discussion. He noted the School Board did propose a subcommittee composed of two City Council Members, two Antioch School Board Members, City Manager Mike Ramsey, and himself, be established to formulate a proposal to be presented to their respective boards.

Council Member Freitas stated he was disappointed by comments made by some of the School Board members and noted it was important for the City Council and School Board to move forward in a positive fashion.

Council Member Sudario stated the School District was and should be a separate entity from the City. She stated she wanted to inform the School District the action taken by Council regarding Measure AU@ implementation would increase the number of new homes being built in the City.

Jean Kuberra stated she was against employing a shared position as there were other ways to keep each body informed of the other=s action, such as reviewing one another=s agendas. She felt the creation of a joint position would be a waste of taxpayers' dollars.

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

Mayor Rocha announced the Mayor's Breakfast scheduled for October has been canceled and moved to April 13, 2000.

Mayor Rocha adjourned from City Council to the Antioch Development Agency with all Agency members present. Agency Chair Rocha opened the public hearing on this item.

8. CITY COUNCIL/ANTIOCH DEVELOPMENT AGENCY JOINT PUBLIC HEARING REGARDING THE AGENCY PLAN AMENDMENT FOR PROJECT AREA #1

City Attorney Galstan opened the hearing with an introductory statement concerning the procedures. Economic Development Director Sainz entered into the record the "Affidavit of Publication" and "Certification of Mailings of Notice."   She presented the background and summarized goals and objectives of the Antioch Redevelopment Project. Dave Beatty, special counsel to the Agency, briefly summarized the Amendment. City Attorney Galstan provided the City Council with a statement of findings for adoption of the Amendment. Senior Planner Bendorff summarized the Negative Declaration as presented.

City Attorney Galstan stated the Ordinance indicated the Plan Amendment would not affect any residents. He further noted this agenda item had been legally noticed. Economic Development Director Sainz stated they had not received any written or verbal objections.

Council Member Sudario expressed her concern regarding the extension of the term of bond indebtedness, and the fact the City Council was giving the Agency the authority to take over businesses throughout the entire zone. Mr. Beatty stated the purpose of this amendment was to extend eminent domain powers to the Agency for 12 years and would have no impact to existing bond indebtedness.

PROPONENTS:

Planning Commissioner Henry stated he had reviewed the information and supports renewing the power of eminent domain to the Agency. He requested, in the future, the City not allow the power of eminent domain to lapse. He noted redevelopment helps create a healthy economic base.

Lamont Campbell asked Council to make a commitment to the affected small businesses owners assuring them they would receive a fair market value for their leases and be relocated to sites comparable to their current location in the event the amendment were to pass and the power of eminent domain exercised.

OPPONENTS:

Saleem Sadruddin presented the City Council with written opposition to the project.

Jean Kuberra felt the amendment to reinstate eminent domain was an attempt to displace businesses claiming blight without project-specifics. She noted this amendment excluded blighted housing and a financial plan. She questioned the legality of the announcement for this agenda item. She stated the Lowe's project had gone before two City bodies but the City Council had not visited this project. She noted eminent domain would assist a private developer.

Norma Hernandez stated that instead of opening up eminent domain the city should send out Code Enforcement Officers to enforce the city's codes instead of having the citizens of Antioch pay for it. She noted that every property owner within this project plan area would have to worry if the City Council will exercise their power of eminent domain to take away their businesses.

Ralph Hernandez stated abuses of eminent domain were common and requested protective language be included. He felt this was a means to reward negligent property owners at the expense of businesses and tax dollars.

Ms. Sainz stated the City=s Neighborhood Improvement Services had met extensively with the current property owner of the former K-mart site to discuss improvements the owner could have put into place to discourage crime and graffiti. She noted only two of the ten existing leases on the site had not been negotiated privately.

Michael Malody stated he believed eminent domain gave the City the right to take something away by force, regardless of the owner's desire to sell, and noted this had nothing to do with redevelopment. He further noted the use of eminent domain would eliminate the need for a potential buyer to negotiate with businesses, severely impacting relocated businesses.

Ron Anderson stated eminent domain was a detriment to free enterprise and City Code should be used to build the City.

Steve Benner stated he felt eminent domain gave the City Council the power to change peoples= destiny and there was too much room for error.

Michelle Benner stated she did not want small business forced out for large development.

Elizabeth Knapp stated eminent domain would not bring small business into Antioch and felt the City should enforce the Code. She noted Lowe=s was a great idea, just not by eminent domain.

Lynette Shaharaz stated staff had stopped her husband from expanding his business in downtown. She noted eminent domain was not the American way and encouraged the City Council deny this request.

In response to Council Member Freitas, City Attorney Galstan noted the powers of eminent domain had been in existence for the City since its incorporation, however those powers were more limited than the powers of the Redevelopment Agency. He reviewed the process required by State law to exercise eminent domain.

On motion by Council Member Freitas, seconded by Council Member Soliz the City Council unanimously closed the public hearing on the Amendment and the Negative Declaration.

Council Member Sudario stated she felt the Lowe=s project should have come to the City Council before the Design Review Board. She noted eminent domain takes away the businesses' negotiation powers and small businesses would get a better deal from big business than from the City of Antioch. She further noted the Antioch Municipal Code should be enforced and not allow the use of eminent domain to reward property owners for poor maintenance or use scare tactics on small businesses.

Council Member Soliz stated the property owner was unwilling to negotiate the leases with the businesses noting the issue of free enterprise and property rights touches only part of the issue. He noted this was an example of how free enterprise breaks down and government is forced to step in to help the situation. He noted this situation is unique with a huge facility currently vacant, attracting blight, and Code Enforcement had been involved in the process of improving the area. He further noted his hope the Agency would not be forced to use eminent domain; but stated if it had to be used the pros and cons would be weighed to ensure the greater good of the community.

RESOLUTION ADA-359

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency adopted the resolution of the Antioch Development Agency approving a Negative Declaration for the Amendment to the Redevelopment Plan for the Antioch Redevelopment Project. The motion carried the following vote:

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

On motion by Council Member Soliz, seconded by Council Member Davis, the City Council adopted the resolution of the City Council approving a Negative Declaration for the amendment to the Redevelopment Plan for the Antioch Redevelopment Project.

RESOLUTION NO. 99/138

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

Council Member Sudario stated she would not participate in the following votes noting she felt to do so would be a Brown Act violation.

City Attorney Galstan and Mr. Beatty each noted in their opinion there would be no problem with the Brown Act and advised the City Council to proceed.

On motion by Council Member Soliz, seconded by Council Member Davis, the City Council moved to introduce the Ordinance by title only. The motion carried the following vote:

AYES: Davis, Soliz, Freitas, Rocha
DECLINED TO VOTE: Sudario

On motion by Council Member Soliz, seconded by Council Member Davis, the City Council moved to introduce the Ordinance amending Ordinance Nos. 290-C-S, 398-C-S, 653-C-S and approving and adopting an Amendment to the Redevelopment Plan for the Antioch Redevelopment Project.

AYES: Davis, Soliz, Freitas, Rocha
DECLINED TO VOTE: Sudario

On motion by Council Member Freitas, seconded by Council Member Soliz the City Council unanimously amended the agenda to hear Item #7 as the next order of business.

7. ORDINANCE ESTABLISHING AND AMENDING CERTAIN LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE ANTIOCH REDEVELOPMENT PROJECT

Economic Development Director Sainz presented the staff report dated September 22,1999 recommending the City Council: A) Introduce the Ordinance by title only; and B) Introduce the Ordinance establishing and amending certain limitations with respect to the Redevelopment Plan for the Antioch Redevelopment Project.

Mr. Beatty explained the Ordinance would limit the time during which the City could sell bonds. Furthermore, he stated State law dictated the Ordinance be adopted.

Ron Anderson stated the City Council majority always votes for the opposite of what the public wants and asked what it would take for the City Council to vote for the people.

James Cromwell stated as a small business person he was worried and noted he would try to organize every small business person to oppose this Amendment. He discussed the burden residential development has caused on the City.

Council Member Sudario stated redevelopment monies had been misused in Antioch and the only way she would vote for the reinstatement of eminent domain was if the expiration date was January 1, 2000. She felt the City=s General Fund balance would be greater if the redevelopment entitlement bonds had been paid in full. She also stated redevelopment did not work to improve the City but rather took away the City=s ability to provide services to its residents.

On motion by Council Member Davis, seconded by Council member Soliz the City Council motioned to introduce the Ordinance by title only. The motion carried the following vote:

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

On motion by Council Member Davis, seconded by Council Member Soliz the City Council motioned to introduce the Ordinance establishing and amending certain limitations with respect to the Redevelopment Plan for Antioch Redevelopment Project. The motion carried the following vote:

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

2. EAST CONTRA COSTA FEE AND FINANCE AUTHORITY AND JOINT POWERS AGREEMENTS

RESOLUTION NO. 99/136

On motion by Council Member Freitas, seconded by Council Member Sudario the City Council unanimously adopted the resolution to modify the wording to the existing Joint Powers Agreement to include the City of Oakley.

Will Kempton the Executive Director of the East Contra Costa Regional Fee and Financing Authority gave an overview of the ECCRFFA Strategic Plan.

Mayor Rocha encouraged the public to send letters to the Governor in support of AB1012 and thanked Mr. Kempton for his presentation.

In response to Council Member Sudario, Mr. Kempton stated growth was occurring and this was a matter of trying to respond with the infrastructure facilities to handle the increase growth.

3. URGENCY ORDINANCE ADDING SECTION 10-2.15 TO THE ANTIOCH MUNICIPAL CODE, DEALING WITH SKATEBOARD PARK REGULATIONS

City Attorney Galstan presented the staff report recommending the City Council: A) Adopt the Urgency Ordinance adding Section 10-2.15 to the Antioch Municipal Code, dealing with skateboard park regulations; and B) Adopt the resolution establishing hours of operation for skateboard parks. He noted the Ordinance provides an immunity if the person injured is 16 years of age or older and/or provided the regulations about helmets and safety pads are posted on the premises.

Council Member Sudario directed staff to agendize staff=s recommendation on supervision for those under 16 years of age at the skate park.

ORDINANCE 962-C-S

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

RESOLUTION NO. 99/137

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

4. REVIEW OF STATUS OF HILLCREST TERRACE SENIOR HOUSING PROJECT

Director of Community Development Ward presented the staff report dated September 21, 1999, recommending the City Council receive and file this report.

Rochelle Steele provided a written statement to the City Council noting she felt the residents should have been notified of the building height.

Robert Wagnon stated the developer changed the height of the building and angle of the roof. He noted he had been assured there would be no impact of his view from the developer and he had contacted Senator Rainey and Supervisor Torlakson. He requested the public to get involved.

Fran Vaughan spoke for himself and on behalf of John Rosema stating the problem was the staff report which stated the rooflines would be lower than the surrounding homes and view impacts would be minimal. He also noted the sound problems would have been mitigated had the developer been held to the developer agreement. He further noted they were still in violation of several items regarding the entrance and the view impacts. He stated a City ordinance should be put into place to address the construction noise with a punishment for violations. He encouraged the Council to take action.

In response to Council Member Sudario requesting occupancy be stopped at this time, City Attorney Galstan noted staff has asserted all the criteria, conditions and specifications have been followed and there was not sufficient grounds to deny the occupancy permit. She asked to view those diagrams showing the roofline below the fence line.

Council Member Soliz noted he would not want this development impacting his view and he both understood and empathized with Mr. Wagnon. While he agreed view impacts should be a consideration, he stated this project was in compliance with specifications and replacing the roof with a flat roof was not feasible.

On motion by Council Member Freitas, seconded by Council Member Sudario the City Council unanimously received and filed this report directing staff to come back with options for Council regarding the roofline, recommendations for a substantial penalty for violation of the hours of operation and the hours of operation be expanded to include both heavy construction and the trades.

5. GENERAL PLAN UPDATE PROCESS

Director of Community Development Ward presented the staff report dated September 22, 1999 recommending the City Council receive and file the report.

City Manager Ramsey stated they were moving slowly due to a budgetary issue noting they were doing as much of this work as possible with City staff. He noted the timing for more focused community involvement would be in the early to mid part of the year 2000. He further noted earlier work on Measure AU@ would dovetail into the work necessary for the General Plan update.

Jean Kuberra suggested staff initiate public participation in this process immediately. She requested staff advise the public of the impact Measure AU@ would have on significant growth-related issues.

Council Member Sudario stated Measure AU@ does not supercede the General Plan. She noted Measure AU@ would create more urban sprawl without services to support it.

On motion by Council Member Sudario, seconded by Council Member Freitas the City Council received and filed this item. The motion carried the following vote:

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

6. LEGISLATION AND ADVOCACY

Jean Kuberra urged support of the bill changing the age limit for police to issue an all points bulletin for missing children from 12 years to 16 years old.

On motion by Council Member Soliz, seconded by Council Member Sudario, the City Council unanimously received and filed the report directing staff to obtain information on the bill changing the legal age for issuing an APB from 12 to 16 years and direct staff as to Council=s desired course of action.

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously approved the Consent Calendar, with the exception of Items F,G,H, and I which were removed for further discussion.

ITEM F B Ron Anderson stated he would like the City Council to vote no on this item until the builders maintain their commitment to the homeowners and warranty work has been done on the homes in this development.

Matt Henry with Kaufman and Broad, urged approval of this consent item. He noted this was the first he has heard of the complaints and he would take Mr. Anderson=s name and refer it back to his organization and look into his concerns.

Michelle Benner stated she would like to see Kaufman and Broad, Suncrest Homes, and Dallas Ranch abide by the warranty. She expressed concern the developer was talking about future development behind her home.

Council Member Sudario stated she had received several complaints from homeowners in this area and questioned the training of the inspection staff noting these homes seem to have been signed off too quickly. She suggested authorizing the conversion after the improvements were satisfactorily done within the Dallas Ranch Suncrest Home subdivision.

Director of Community Development Ward responded to Council Member Sudario=s criticism of the Building Division staff stating they were a well trained, dedicated group and voiced his objection to the reference that this problem was a result of the building inspectors.

City Manager Ramsey stated the homes in question were not built by Kaufman and Broad and he felt it would be a fallacious act to assign Kaufman and Broad the responsibility of warranty repairs associated with a home built by Suncrest Homes.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved item F of the Consent Calendar with the understanding Kaufman and Broad must be expeditious in completing any warranty work needed on their homes. The motion carried the following vote:

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

ITEMS G, H, and I B Council Member Sudario stated she would not vote on these items noting they would increase the number of new homes in the community.

On motion by Council Member Freitas, seconded by Council Member Soliz the City Council approved Consent Calendar Items G,H, and I. The motion carried the following vote:

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

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

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved item A.

2. RESOLUTION NO. ADA/360 APPROVING ACQUISITION OF 804-806 WEST 5TH STREET

Council Member Sudario stated Code Enforcement had not been properly enforced on this property and the citizens of Antioch would now be paying for their relocation. She felt the property owner should be given a low interest loan from redevelopment to clean up the property.

On motion by Agency Member Soliz, seconded by Agency Member Davis, the Agency approved item B. The motion carried the following vote:

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

Agency Member Sudario noted her desire to have the property owner receive a low interest redevelopment loan to clean the property and not reward owners for poorly maintained property.

Katherine Marshall Executive Director of Eden Housing introduced Eden Housing to the City Council. She then introduced Anthony Flanagan, Director of the Real Estate Development Department and Marion Bushagin project development staff.

Anthony Flanagan gave a brief overview of various scenarios City Council and staff could look at and consider for the West Rivertown Area. He noted they had been in business for 31 years and had developed and maintained 41 sites. He further noted they had a commitment to the community and a long-term relationship they take seriously.

Rich William discussed the architectural design of the individual projects and noted they had a wide variety of experience and would like to work with the neighborhood and community.

Director of Community Development Ward presented the staff report recommending the approval of the resolution authorizing the agreement with Eden Housing, Inc. for preparation of a conceptual plan for the West Rivertown area.

Agency Member Freitas stated he would like to see the modeling for the master plan. He noted this approval would not presuppose Council's decision regarding future financial considerations.

Agency Member Rocha noted she would prefer some of the homes be owner-occupied rather than entirely rental homes.

RESOLUTION NO. ADA/362

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency adopted the resolution with direction for an option of retail or commercial usage. The motion carried the following vote:

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

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

Council Member Sudario requested a report on the Davidon Home water seepage problem in the Lone Tree Glen subdivision. City Manager Ramsey noted staff had completed their review of this issue with the property owners and a report had been provided to Council in writing. In response to Council Member Sudario's request, he then noted this item would be agendized as requested. She further stated there had also been a problem with too much water on the Babe Ruth field near the end of Somerville Road and requested this also be agendized.

Council Member Freitas noted he would be out of the state for the October 12, 1999 meeting and requested the Manager's evaluation to be agendized for the October 26, 1999 meeting.

Mayor Rocha announced the Mayor's luncheon to benefit Delta 2000 would be at Humphrey's on September 30,1999 and encouraged everyone to attend. She noted she would like to have a public show of appreciation for Robert Kilbourne and Roger Henry for commendable work in the African American Academic Achievement program.

City Manager Ramsey stated in response to questions from the public regarding previous Council meetings, Sky Ranch did not have a development agreement and the City Attorney did have correspondence with an individual concerned with developers paying Mello Roos fees.