By Allen Payton, Publisher

Below is the email sent out detailing the results of the recent election for the Clean Water Initiative, in which property owners could cast their vote and mail-in their ballots.

The entire process cost approximately $1.43 million, the largest portion of which was $444,092.40 spent on campaigning, labeled as “educational outreach” by county staff, as well as $346,800 on printing and mailing the ballots. Almost $435,000 was spent on analysis, research, the Engineer’s Report and action plan prior to the election.

The result is each city, the county and the County Flood Control District will have to determine how to pay for the requirements for complying with the new clean water regulations.

From: Don Freitas

To:

Contra County County Board of Supervisors

City/Town Mayors

City/Town Councilmembers

City/Town Managers

Contra Costa Clean Water Program Management Committee Members & Alternates

Cities/County Attorneys’ Association Ad Hoc Committee

Cities/County Engineering Advisory Committee

SCI Consulting Group, Inc. and sub-consultants

Media

Dear Interested Parties:

The purpose of this email is to inform you of the final election results for the “2012 Community Clean Water Initiative”. Contrary to recent press articles, Monday, May 7^th has always been designated as the deadline to receive this information. Passage of the Initiative required fifty percent (50%) plus one of those casting a vote which included all property owners in Contra Costa County. The results are as follows:

Mailed Ballots                –  339,586

Received Valid Ballots  –  100,768

“Yes” Ballots   –     40,924

“No”  Ballots    –    59,844

Invalid Ballots                 –       1,355

Based on the aforementioned results, the Initiative failed by approximately a 60% to a 40% margin. As was stated many times during this process,  the defeat of the Initiative does NOT negate the need for all twenty-one affected jurisdictions in Contra Costa County from the regulatory mandates of the Federal Clean Water Act and California’s Porter-Cologne Water Quality Act. Each entity needs to immediately determine how the necessary funding will now be generated in order to implement the regulatory mandates or be found to be in noncompliance and subject to fines which could run into the thousands or millions of dollars.

The election results can and will be interpreted in many ways, but suffice it to say, the methodology outlined in the voter approved 1996 Proposition 218 ( California Constitution XIII ) had great challenges even though the Program followed its provisions religiously. Courts in California have said the legal nexus between urban runoff and property is valid, but the requirements of Proposition 218 became suspect in the voter’s mind and the press. It’s very easy for the press to condemn actions of local government; but rarely if ever, do they suggest valid alternatives. The election result has worsened local government’s ability to finance Federal and/or State mandates when it is done with no local financing. If the general fund becomes the only alternative to finance the regulatory mandates than the public debate will be simplified between “clean water vs. hiring police officers and other vital community services.”

Donald P. Freitas

Project Manager

Contra Costa Clean Water Program

 

Barbara Barrigan-Parrilla Executive Director of Restore the Delta (RTD) responded this week to the release of the Delta Stewardship Council’s Draft Plan:

“Joe Grindstaff, with the Delta Stewardship Council (DSC), says the Delta Plan recommends new conveyance as a way to improve water quality.  Without a water quality analysis that examines how eliminating fresh water flows from entering the Delta will affect water quality, this draft of the Delta Plan is as incomplete as the last draft.  The Delta Stewardship Council must build its plan on a cost benefit analysis, a public trust analysis, a water quality analysis, and a flow analysis, and until it does so, its planning will remain incomplete.

“By indicating that new conveyance and the Bay Delta Conservation Plan (BDCP) will be favored by the Delta Stewardship Council, Joe Grindstaff has undermined the intent of the legislation that created the DSC. The DSC was given the charge to make its determination regarding the BDCP after members of the public appealed the merits of the plan to the DSC.  But apparently, such appeals will not carry much weight if the decision has already been made.  From a Delta perspective, the fix is in.”

“The Delta Plan fails to call for levee improvements at the highest standard as called for by the Delta Protection Commission, and last week by the Army Corps of Engineers.  They are adhering to a lower levee safety standard as put forth by the Department of Water Resources.  The Delta Stewardship Council is therefore failing in its mission to protect the Delta as a place.”

Joint Meeting of MTC, ABAG Executive Board, 7 p.m., Thursday, May 17, 2012, at Oakland Marriott City Center, 1001 Broadway, Oakland, CA

Officials from the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) will vote on the Plan Bay Area Preferred Land Use Scenario and Transportation Investment Strategy at a special joint meeting at 7:00 p.m., Thursday, May 17, 2012, at the Oakland Marriott City Center, Junior Ballroom, 1001 Broadway, Oakland, CA.

Who: ABAG Executive Board and MTC

What: Special Joint Meeting to vote on Plan Bay Area Preferred Land Use Scenario and Transportation Investment Strategy

When: Thursday, May 17, 2012, 7:00 p.m.

Where: Oakland Marriott City Center, Junior Ballroom, 1001 Broadway, Oakland, CA

When completed, Plan Bay Area will be the region’s 25-year guide to jobs, population and housing distribution, as well as transportation investments. California’s Sustainable Communities and Climate Protection Act (SB 375) requires that each of the state’s 18 Metropolitan Planning Organizations – and in the Bay Area specifically MTC and ABAG – develop a long-range plan to reduce per-capita greenhouse gas emissions from cars and light trucks. The Bay Area is required to reduce emissions by 7 percent by 2020 and by 15 percent by 2035. SB 375 also requires the plan to house 100 percent of the region’s projected population growth, without displacing current low-income residents.

“We are making great strides toward adopting a long-range plan that links local aspirations for community development with regional objectives, particularly a strong regional economy,” said ABAG President Mark Luce.

The Preferred Land Use and Transportation Investment Strategy will comprise the Plan Bay Area project alternative to be evaluated as part of the Environmental Impact Report (EIR) required by the California Environmental Quality Act (CEQA). In December 2012, the agencies expect to release the draft Plan Bay Area and EIR, which will be followed by public hearings and workshops throughout the region in January through March 2013. MTC and ABAG are due to adopt the final Plan Bay Area and certify the final EIR in April 2013.

MTC Chair Adrienne J. Tissier said, “We are especially pleased that when our transportation investment strategy and preferred land use scenario are combined together, we are able to fully achieve the greenhouse gas reduction and housing targets required by law.”

MTC is the nine-county San Francisco Bay Area’s transportation planning, coordinating and financing agency. ABAG is the council of governments and regional planning agency for the nine counties and 101 cities and towns of the San Francisco Bay region.

By James Ott

Antioch’s financial future is stable for now, say city officials, but there could be trouble on the horizon.

Through tough cuts and budget restructuring, City Manager Jim Jakel said that Antioch should end this year with a positive budget, but that the city is facing a “significant deficit” after the 2013 fiscal year.

During a special meeting held before the  city council meeting on Tuesday, April 24, Jakel and other city staff gave a presentation highlighting budgetary changes and concerns for the city’s General Fund.

The major problem facing the city? A lack of revenue, according to Jakel.

With a population of over 100,000 people, Antioch’s revenue’s have dropped from $47 million plus in the 2006 – 2007 fiscal year to about $34.5 million in 2011 – 2012.

That is a $34.5 million budget for a city with over 100,000 people. Compare that to a neighboring city like Brentwood that has only 52,000 people and a $37 million budget, say city staff and it becomes apparent why some are worried about the city’s ability to provide basic services for its citizens down the road.

“We need to generate revenue, said Jakel. “Home sales need to increase or the voters need to approve a tax measure or we need to pull a rabbit out of a hat with respect to city revenue.”

According to Finance Director Dawn Merchant, the main culprit for the large budget shortfall over the last few years is the sharp declines in revenue generated by taxes – mainly property tax and sales tax. Those two big money generators of course, come from two of the hardest hit areas in this tough economy: home ownership and sales, and businesses sales.

A full 75 percent of the city’s revenue this fiscal year was generated from taxes. Of that total 44 percent came from property tax, and a full 40 percent from sales and use tax. And the city expects 76 percent of next year’s revenue will come from taxes.

A smaller problem for Antioch has been its increase in expenditures despite its falling revenue.

Despite nearly $3 million in employee concessions and nearly 40 percent of Antioch’s approved positions vacant due to harsh cuts, the city is expecting to spend $100,000 more next year than the current year – a small increase but a sign of the difficulties facing the city despite its efforts to balance its budget.

Some good news from Merchant is that increased sales tax revenue this fiscal year has generated $300,000 over last year. That comes from sales tax income increasing by 8.4 percent from March of last year to March 2012, she said. And that bodes well for Antioch as it follows the uptrend that the rest of the state has experienced. Sales tax in California as a whole was up 8.8 percent in that same period.

The city may also be able to gain some much additional revenue from redirected water rights refunds. Antioch has water rights and every year they have the possibility of being reimbursed from the Department of Water Resources for any excess useable water.

That money would normally go to Antioch’s Water Enterprise Fund but the city received opinion from legal council that the city owns those water rights, not the water enterprise fund because it is not a separate legal entity. In budget subcommittee meetings the city decided that any future water refunds would now go into the General Fund.

If the city receives a refund, has a budget surplus and meets their annual 10 percent reserve, then the moneys received would be used to replenish the litigation and replacement reserves.

And it there is a budget deficit it was suggested that the refund money be used to reduce the deficit.

Although Merchant said that the city could potentially pick up these forms of revenue in the future and possibly even more from unused employee overtime, it all may not be enough.

While Antioch’s current fiscal year will end on June 30 with about $152,000 in surplus, if the city can’t find an answer to its revenue shortage, Antioch will still be in a $2.4 million hole at the end of the next fiscal year, which begins July 1 this year.

City staff and council members all agreed that although they’ve worked hard and made sacrifices, their work to keep Antioch afloat is far from over yet.

“We’re in a difficult state here,” said Fakel. “Fortitude and creativity to do what people didn’t think we could do in the first place has … staved off the serious nature of the situation. But don’t take it as a false sense that we’re out of the woods. It’s a daunting task.”

Tuesday was the first of the three special budget meetings that will take place an hour before City Council Meetings until the budget is set to be adopted on June 26.

Also at the Meeting:

In a move they say does not set a precedent, the council voted 3-1 with Councilman Gary Agopian dissenting, to ignore staff suggestions and allow Mike Rose’s Auto Body to keep their unapproved landscaping changes.

In 2010 Mike Rose’s Auto Body applied to make landscaping changes to his business at 1001 Auto Center Drive.

The city approved some but not all of the landscaping changes and after a routine site inspection several discrepancies were noticed between what the city had approved and what was actually constructed.

Those changes included artificial turf in place of real grass, and a lack of a covered garbage enclosure.

A representative for Mike Rose’s Auto Body told staff that they preferred to keep the landscaping modifications that they made, despite the fact that it was a design that was not approved by the city, so it was reviewed by staff and the city’s zoning administrator.

After the review, the zoning administrator decided that the changes were substantial and so needed to be taken before the planning commission for a final decision.

At the planning commission review, Brennan Rose said that he and the company had thought the changes they made to the landscaping were improvements and did not consider that they would create a problem. Rose explained that the turf was more water efficient and that it would last longer. This, he said would keep his business and thus that part of Antioch, looking better for longer than would the approved landscaping changes.

After the planning commission eventually passed a motion requiring Rose to make changes, he appealed the decision.

At Tuesday’s meeting, staff explained the concern with Rose’s unauthorized changes.

City staff said that natural grass acts as a bio filter and drains storm water through a pipe into a public storm drain. Synthetic turf, they say is mainly impervious and as it is currently designed at Mike Rose’s Auto Body, the slope of the turf would cause storm water to not drain properly and so pool up on the sidewalk. Also all commercial sites containing trash compactors like Mike Rose’s Auto Body have to have a roof on their trash enclosure according to city mandates.

After discussion, city council members and the Mayor said that Mike Rose’s Auto Body had no ill intentions and only made changes they thought would benefit the city. They also cited all of the good the company has done for the city of Antioch and so decided to allow the business to keep all of its changes without any adjustments.

Mayor Jim Davis explained the thought process behind the decision:

“I’m not saying we can make exceptions every time, but when someone goes above and beyond to take a corner that represents a lot to our community and make it better, this is a case where I’d be willing to make an exception and go forward,” said Davis. “They are an asset to our community and they contribute to our tax base.”

The Ninth Circuit Court of Appeals affirmed the federal trial court’s decision in the Tuggles case finding no discrimination by the City of Antioch in its community policing efforts. At the 2010 trial, a San Francisco federal jury deliberated only a short time before reaching its verdict of no discrimination by the police department.

This is another court victory for Antioch that affirms what the City’s residents and community leaders have understood for years: Antioch’s community policing programs were appropriate, unbiased attempts to address crime and neighborhood problems.

Plaintiff’s case hinged on accusations that the City’s practice of notifying landlords and the Contra Costa County Housing Authority of crimes and nuisance activity was improper. The federal jury, and now the federal appellate court, rejected that argument.

Also rejected was plaintiff’s claim that Antioch’s community policing efforts were discriminatory if crime and policing statistics did not absolutely mirror the racial or economic demographics of the community.

This appeals court decision comes after a landlord withdrew his discredited claims of harassment and dismissed his case in September, 2010 after payment of nominal court costs (Patras et al. v. Antioch et al.). Officers the landlord claimed threatened him were proven to be nowhere near his home or not even employed by the city.

The landlord was also a key witness in the lawsuit brought by the ACLU and Impact Fund alleging that neighbors and police working together to build safer neighborhoods was some elaborate and sinister conspiracy (Williams et al. v. Antioch).

As the evidence mounted that Antioch’s community policing efforts were fair, unbiased and focused on addressing criminal, drug and nuisance activities in neighborhoods, plaintiffs and their lawyers eventually agreed to dismiss their lawsuit in exchange for a settlement that was a fraction of what they originally sought.

The favorable resolution of all of these cases allows Antioch the opportunity to refocus valuable and limited resources and attention on community issues and solutions.

“We are grateful to community members of all races and backgrounds for standing alongside us as we stood up to these false allegations, and we are ready to move forward to make Antioch a better place to live, work and raise a family for all,” said Antioch Police Chief Allan Cantando.

By James Ott

The City of Antioch will need to find adequate sites for 1,784 low-income housing units to meet state demands.

According to a report by Vivian Kahn of urban consulting firm Dyett and Bhatia at the city’s last council meeting, the city is dealing with a shortfall of adequate low-income housing sites from its previous housing cycle that ran from 1996 to 2006.

Antioch doesn’t have to build the housing but needs to have adequate space identified to meet the Association of Bay Area Government’s (ABAG), so called Regional Housing Needs Allocation (RHNA).

As Part of Antioch’s General Plan the city adopted a Housing Element to bring the city into compliance with such state housing laws.

ABAG has said that in Antioch’s current housing cycle planning period – 2007 to 2014 – the city’s share of the RHNA is 2,282 housing units, including 339 low-income and 516 very low-income units, so Antioch has had to identify space to accommodate those housing units.

The good news is that Antioch has already found the space for most of those requirements through such state accepted moves like identifying available vacant land as well as adding up applicable housing projects that are already in progress.

But due to the previous cycle’s shortfall, the city now has to find room for 1,380 more low income housing units, for a total of 1,784 units.

According to Kahn’s report she and her firm have provided some potential solutions to the issue.

Because state law says that 30 units per acre is the “default density” that will make low income housing feasible and affordable, Kahn suggest rezoning at least 60 acres to accommodate for the remaining low-income units.

Although a study found that a density of closer to between 20 and 30 units per acre would be more feasible in a place like Antioch, Kahn says that the state allows density bonuses that would make up the difference.

Kahn said that the city could accommodate all of the low income units by zoning 60 acres at 30 units per acre subject to a use permit, or it could rezone partly at 30 units an acre and accommodate the balance at 20 units an acre by right.

The city’s Housing Element and the Planning Commission have apparently found a total of 106 acres at 13 different sites that could potentially meet the city’s need.

Five of the 13 potential sites are clustered fairly close to the water with the remaining sites spread throughout the city.

Although finding space for the remaining 1,784 low-income units is the most obvious issue, Dyett and Bhatia and Kahn were hired to make clear all aspects of the state’s imposed housing regulations and provide solutions, including issues like emergency, transitional and supportive housing needs.

So Kahn’s presentation also outlined a few other needs the city must meet in order to be in full compliance with all state housing laws.

One of those needs is 124 emergency shelter beds for the homeless that Kahn suggests creating an overlay district for. An overlay district is a district with an additional zoning requirement that doesn’t change the area’s original zoning.

As part of her presentation Kahn also proposed amending zoning codes to allow for transitional and supportive housing for residential use. And she proposed that the city provide additional incentives to encourage affordable housing in Antioch’s Rivertown area.

Council Member Gary Agopian was critical of the whole process of allocating space for housing units that may or may not be needed.

Agopian argued that it was ABAG’s projections for the amount of housing cities must plan for is flawed.

“Our population’s 103,000 and change and it was essentially 103,000 and change in 07 so it hasn’t changed very much at all. And ABAG calculates our allocation… based on what we’re going to grow and we didn’t grow. In addition to that, not a lot of houses were built. And yet we’re still required by the state to designate or plan for areas to accommodate growth that isn’t even occurring. So am I to understand that if we don’t grow in the next two or three years that we’ll continue to accrue allocations; that we have to continue to plan… I mean, where’s the end of that?”

Kahn said that ABAG is supposed to release updated projections in light of such issues like the economic downturn, but she said that she understands the frustration because the process isn’t easy, but it’s the law and so has to be complied with.

Kahn also said that she hears similar complaints about state housing laws and ABAG’s processes from nearly every city and county she has worked in.

Also at the Meeting:

City Council voted unanimously to extend its interim urgency zoning ordinance blocking any new computer gaming and internet access business from being established in the city to 10 months and 15 days.

On February 28 the city had originally voted in the ordinance that also established certain operational regulations that such current related businesses had to follow. The move was intended to give the city time to investigate concerns and alleged problems with such businesses including criminal activity, public disturbances and concerns about the businesses potential impact on minors in the city.

City staff said that the extra time is needed because of the complexity of the issues and the lack of adequate staffing on the project.

By Allen Payton, Publisher

The low-cost, ultra-light rail, electric transit system known as CyberTran, currently in it’s final stage of development at the U.C. Berkeley Field Station in Richmond, has been proposed as a green alternative to the diesel multiple unit trains planned for eBART in East County.

It is now being pursued as a possible alternative to the high-cost, heavy-rail system planned for the California High Speed Rail by a consortium of cities, businesses and two of the national labs in the Bay Area, known as i-GATE.

On March 20, 2012, i-GATE officials visited the future site of the CyberTran International low speed test track in Richmond, CA. The meeting was attended by representatives from the cities of Richmond and Davis and the three East Bay U.S. Department of Energy national labs – Lawrence Livermore, Sandia, and Lawrence Berkeley.

The primary focus of the meeting was to discuss requirements of a high speed test track location for CyberTran’s ultra-lightweight high-speed rail technology. CyberTran is considering both Lathrop and Davis as potential locations for the track.

“We are pleased to see i-GATE and its partners embrace the discussion of new applications of rail transit technology,” said Jeff Ritterman, Richmond City Council Member.

The high-speed test track is proposed as a five-mile continuous figure eight loop that will allow CyberTran to validate the application of their rail technology at speeds in excess of 150 miles per hour. The CyberTran vehicle and rail technology have already been tested in low speed environments of up to 60 mile per hour on closed loop tracks and on a 1/32nd scale test track at their Richmond facility with speeds modeled in excess of 160 miles per hour.

With a full-scale high-speed test facility, CyberTran will be able to demonstrate that the technology is appropriate for use in urban and rural transit environments.

“Davis is committed to being a leader in sustainability and alternative modes of transportation. I am intrigued by the CyberTran technology,” explained Davis Mayor Pro Tem Rochelle Swanson.

CyberTran’s plan for the high-speed test track includes almost $100 million dollars of investment and will result in local and regional construction and manufacturing jobs in design and assembly of the track and vehicles. By demonstrating the ability of the system to operate across the spectrum of low to high speed environments, CyberTran hopes to demonstrate the potential for use of the technology as a connector between current mass transit systems across California, the US, and internationally.

At a projected cost of just 20% per rail mile of traditional rail technologies, and due to the designed ability to operate in built-out urban centers with minimal impact, CyberTran is currently working with several congressional members to identify funding for the high-speed test track from existing transportation appropriations.

The technology provides a passenger rail system that can allow the passenger to plan their destinations around their personal schedule. The proposed 20-passenger vehicle has the flexibility and comfort of current rail vehicles while making personalized service levels a reality. The raised track includes an electric third-rail for vehicle power similar to many urban mass transit technologies, but the track is light enough that it can be incorporated into buildings and structures so that stations can serve passengers with the greatest amount of flexibility. The computer-controlled and light weight rail cars are powered by solar panels that line the track. Stations are aligned as off-track sidings to allow the system to continue to move cars through the systems while unloading and loading.

“Rail transit is an important part of the transportation picture,” explains Neil Sinclair, CEO and President of CyberTran. “We have developed the CyberTran technology as an application of all of the best attributes that rail technology has to offer, including ease of use, seamless operation in urban and rural environments, connection between regional centers, and stations that are adjacent to the mainline so that the vehicles can bypass stations where no stop is necessary.”

This last point is a major distinction for the CyberTran rail technology. By using a station layout that allows stopping vehicles to get off of the mainline, travel times for passengers are dramatically decreased with the elimination of unnecessary station stops.

With a primary focus on connecting appropriate sectors together in collaboration, i-GATE partners have focused on identifying and quickly deploying new technologies and innovations to have a positive effect on the economy and assist in creating thousands of new job opportunities in the region.

For more information on CyberTran visit www.CyberTran.com.

On Tuesday, May 1, 2012 at 3:30 p.m., the Antioch police received a call of an auto vs. pedestrian collision on Lone Tree Way north of Davison Drive. Upon arrival, officers discovered an 83-year-old female Antioch resident had been struck by a vehicle in the #1 lane of northbound Lone Tree Way about 400 feet north of Davison Drive.

At this location Lone Tree Way is a 35 MPH, four-lane road with a planted center divide. There is no crosswalk at this location and it is unknown why the pedestrian was in the roadway. Alcohol does not appear to be a factor in this collision.

The pedestrian was flown to John Muir Medical Center in Walnut Creek with critical injuries. Anyone with additional information is urged to call Officer Joseph Zanarini at (925) 779-6900 x 8-2996.