ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
MEETING MINUTES
Regular Meeting
October 26, 1999
7:00 p.m.
City Council Chambers
Mayor Rocha called the meeting to order at 7:02 p.m., and City Clerk Martin called the roll.
Present: Council Members Freitas, Soliz, Davis, Sudario, and Mayor Rocha
Mayor Rocha opened the meeting in memory of Aaron Peterson.
PROCLAMATIONS: Red Ribbon Week October 24-30, 1999
On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously approved the Proclamation.
Council Member Davis presented the Proclamation to Mickie Marchetti, proclaiming October 24-30 as Red Ribbon Week. Mr. Marchetti announced the State of California has matched the funding to increase and enhance substance abuse related services for youth. He thanked the City Council for the proclamation and presented them with red ribbons and pins. He noted they have REACH presentations at the local schools and urged those interested to contact the Reach Project.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Rick Carraher representing the Antioch Rivertown Business Association invited the community to a presentation of the Budweiser Clydesdale Horses on November 4,1999 from 11:00 a.m. to 2:00 p.m. in the Second Street parking lot across from City Hall.
Council Member Davis invited the public to the Veteran's Day program Thursday November 11, 1999 at 9:00 a.m. at the Veteran's Memorial Monument at the foot of "L" Street.
Mayor Rocha announced the Mayor's Cup Pasta Dinner with Deer Valley and Antioch High School students on October 27, 1999. She invited the public to attend an open house celebrating the East Bay Works at 218 "I" Street on November 5, 1999 from 3:00 p.m.to 6:00 p.m.
PUBLIC COMMENTS
Robert Kilbourne and Richard Shade representing Four AC (African American Academic Achievement Committee) requested equal involvement and inclusion of all students in the distribution of taxpayer funds to Antioch Unified School District Schools. They gave a brief history of their program and requested the City Council agendize a review of the Four AC program.
Thomas Harais discussed his concerns regarding an abatement notice he received from Neighborhood Improvement Services regarding his motor home, weeds, and dirty gravel in his yard. He noted he had moved the motor home into his side yard and he had tried to work with the department and stated they were claiming the side yard storage was not acceptable. He felt this was an unacceptable law allowing for selective enforcement.
City Attorney Galstan noted he would look into the issue and respond directly to Mr. Harais.
Jean Kuberra asked several questions regarding the General Plan update including funding, status, public participation and when the update would be agendized.
Mayor Rocha assured Ms. Kuberra she would receive answers to her questions as soon as an update timeline was presented by staff and adopted by Council.
Council Member Sudario requested the General Plan update be agendized for the next Council meeting.
Trisha Meikle read from a letter she had received from the California Regional Water Quality Control Board regarding a public hearing on December 10, 1999 in Sacramento and a proposal to change the water supply. She requested a copy of any letter sent to the State in response to this letter.
Public Works Director Brandt stated he was aware of the proposals as they had first been made public in 1998 and he was quite concerned about the impact. He noted at the city's' request GWF had gone back and done extensive modeling of the flows in the river and impacts. He further noted the City had met with the State, GWF, and Brown and Caldwell, the consultant, was reviewing the information. He stated it does not appear the proposal will have an impact on the city's water supply at this time. Furthermore, the State had assured all state drinking water standards had been met.
Elvin Scott discussed the Pension Trust Funds his organization had been working on. He noted he would be hosting a live San Francisco television special on lost pensions.
COUNCIL REGULAR AGENDA
Community Development Director Ward presented the staff report dated October 20, 1999, recommending the City Council direct staff as to its desired course of action.
Jean Kuberra stated she was disappointed in this project noting the appearance, roof impact, lack of outside area and its location make it look like an institution.
Robert Wagnon presented Council with before and after photos to show the impact the building has made on the view from his backyard. He stated the building's roof was solid and did not house any electrical and plumbing equipment, therefore it would not interfere with the functions of the building to redesign the roof. He stated he had not received the original documentation requested from City staff. He felt the building was not constructed according to the approved plans, and asked how the City planned to correct the error.
Norma Hernandez felt any decision-making on this item should not be delayed. Council had received all the information and had sufficient time to examine it.
Steve Benner, speaking on behalf of Mr. Wagnon, stated the area residents had requested Council not allow occupancy until this issue was resolved and Council had not listened to the community.
John Rosema presented Council with before and after photos of the impact to his view. He stated he attended a meeting at Belshaw School and the applicant had assured the residents their view would not be obstructed. He also noted he had received a notice regarding the construction of a wall, and although he had not received any notice indicating changes to the project, the wall had not been constructed as planned. He further noted the original footprint and elevation had also been changed. He stated the project was first graded at sidewalk level, and by completion it had been elevated four feet. He requested the documentation be provided on the Internet so the residents could view it.
In response to Council Member Sudario, Community Development Director Ward stated there were exhaust vents on the roof. He also stated the Acting Chief Building Official had provided the staff report estimate. He noted there were also air conditioning units, electrical and HVAC conduit located in the roof of this building.
Council Member Sudario noted the importance of public participation at Planning Commission and/or Council meetings regarding items affecting personal property values.
Council Member Davis stated he would like to see the plans for the building showing the gables facing west along with the project's paper trail from beginning to end. He noted the six-foot cement wall was approximately two feet lower than the residents' wooden fences, and when removed the residents would be level with the windows of the building's second floor.
Council Member Freitas suggested City staff work with and provide all requested information to the neighbors. He stated he was satisfied the project was built according to the plans.
Council Member Sudario noted the City Council did not review the documentation process which needed to be discussed publicly to avoid a potential lawsuit.
Council Member Soliz stated the City Council had reviewed the documents and he was not inclined to reopen the process. He noted the building was built according to the approved plans, however, in the future view impacts should be considered during the approval process.
Motion by Council Member Sudario, seconded by Council Member Davis, directing staff to provide an audit trail of all documentation brought back to Council, including the original plans, failed by the following vote:
AYES: Sudario, Davis
NOES: Freitas, Soliz, Rocha
Motion by Council Member Freitas, seconded by Mayor Rocha, the Council: a) received and filed the report; b) directed staff to meet with neighbors including, if possible, representatives from the developer and school district and; c) provide all original documentation for screening with copy fees to be charged at regular cost. The motion carried with the following vote:
AYES: Freitas, David, Soliz, Rocha
NOES: Sudario
Mayor Rocha declared a recess at 8:22 p.m. The meeting reconvened at 8:34 p.m. with all members present.
PUBLIC HEARING
City Attorney Galstan reviewed the speaker rules for the public hearing.
Community Development Director Ward presented the staff report dated October 20,1999, recommending the City Council concur with the Planning Commission's decision to deny a use permit for the Family Stress Center to locate in an existing building at 315 "G" Street.
Council Member Sudario read from the General Plan and stated she could not find any indication this use did not fit into the General Plan.
Community Development Director Ward stated the issue was whether or not this use would help provide the downtown area with the volume of pedestrians and users needed to help revive the Rivertown Area.
City Manager Ramsey stated subsequent to the Planning Commission's denial of this item, staff had reviewed the information, General Plan, and Zoning Ordinance and had decided to recommend Council support the Planning Commission's decision, noting staff's concern that the Family Stress Center was not the best use of this location given the small staff and clientele.
Mayor Rocha opened the public hearing.
Proponents:
Barbara Bysiek, Executive Director of the Family Stress Center, introduced two members of the Board, Sharon Johnson and Bill Brown. She discussed the agency's goals and the services they provide East County families. Serving people from all walks of life, referring drug abusers to agencies staffed with substance abuse counselors. She noted the Stress Center needed the additional space to accommodate consolidation of their services into one building and serve residents currently on a waiting list. She noted projections of approximately 233 visitors to this site every week with a starting staff of 15 believed to increase to 25 within two years. She stated they want to be part of the community and planned on making the conference room available to community groups. She noted they were considering sharing space with other agencies; noting her hope the City would consider the needs of families and grant an approval before the Center lost another provider. She added they provide funding for low-and moderate-income families in East County. She stated they have considered several other locations and discovered construction of a new building would take at least two years.
Dale Peterson stated he supports the appeal and would like to see approval of the Family Stress Center's use of this building. He noted it would draw people downtown and provide a positive image for the city. He further noted the Rivertown Business Association has a misconception of the Family Stress Centers role as an detriment to the community, stressing it would be an asset to businesses and our children.
Constance Peterson, administrator of the Family Stress Center's Proud Father Program, urged the City Council to approve the appeal.
Stuart Safine, the property owner's Attorney, requested the City Council approve the appeal allowing the use, thereby complying with the Antioch General Plan and Zoning Ordinance. Given the building's four year vacancy, the property owner became concerned after Economic Development Director Sainz advised Ms. Bysiek to look for a different location.
Lynette James-Shahraz stated she was not aware of any downtown businesses with 25 full time employees. She noted the Planning Commission had also denied her approval to relocate her business to this building. She noted her support of the Family Stress Center's use of this building as it would bring a new service to the downtown area.
Martha Goralka voiced her supports of the Family Stress Center's use of this building.
Opponents:
Rick Carraher, President of the Antioch Rivertown Business Association, stated they were in support of the Planning Commission's decision to deny a use permit to the Family Stress Center. He read a letter in opposition to the use permit, noting the Association was not questioning the validity or the need for the services provided; their concern was focused on the appropriateness of the specific site selected.
Paul Jacobson stated his business The Wallace Arms was a result of marketing efforts made by the downtown business owners to attract specific businesses. He stated the downtown area was perfect for the Renaissance envisioned by the Rivertown Business Owners. He voiced his support of the Family Stress Center but not at this location.
Curtis Holzer, a downtown business owner, stated he supports the Family Stress Center in Antioch but not at this location. He envisioned this location as a gateway to the downtown, and approval of this project would forever remove the opportunity to fulfill that vision.
Emil Geddes, downtown business owner, felt the Family Stress Center was very important, and although he felt this site should remain a retail entrance to the downtown, the Council was in control of their vision for the downtown area.
Thomas West stated he was opposed to the Family Stress Center at this location, noting he would like to see it located elsewhere in downtown, and expressed his concern for the Family Stress Center's need to sublet part of the building.
General:
Jean Kuberra stated this project was in compliance with the General Plan and Zoning Ordinances. She noted the project was a desirable and a necessary social service and she was impressed with the Center's presentation and positive image.
Norma Hernandez stated this property was properly zoned for the requested use, it was in compliance with the General Plan and provided a badly needed service. She noted she felt the Downtown Business Association and Planning Commission were attempting to take away the property owner's right to sell his business.
Ralph Hernandez spoke in favor of approving the appeal and granting the use permit to the Family Stress Center. He stated the application would provides jobs, increase the traffic flow, provide a community room, it was near a bus line route stop. The intended use would provide social services and would be an asset to the downtown without a request for redevelopment money.
Joe Weber, speaking on behalf of downtown business owner Carl Mueller, made comments relative to Chapter 3 and 4 of the General Plan. He stated Mr. Mueller requested he ask the following questions of the City Council, "What is your vision of the downtown and how does this application fit with your vision?" "Why not direct this business to locate in a similar environment in Antioch?" "Do you think it is the best long-term interest of downtown to place and approve this particular use?" He acknowledged this property was located in a commercial service zone in which clinics could be considered in the use permit process, but "Does it mean this must be approved?"
Michelle Benner stated the building has been vacant for many years and voiced her support of this application noting it was compliant with the General Plan.
Allen Payton suggested that should the City Council support the appeal they must then work to push through the extension of "A" Street and if the appeal was denied it would be the responsibility of the City Council to work with both the property owner and the Family Stress Center. He felt the Family Stress Center was a good program and urged the City Council to consider whether there were already enough non-profit service organizations in downtown Antioch. He questioned what would be attached to any government funding for this organization.
Rebuttal:
Barbara Bysiek stated any agency wishing to sublet would have to go through the use permit process and be approved by the Planning Commission. She noted they want to be part of the solution for the downtown area and thanked the City Council for their time.
Mayor Rocha closed the public hearing.
Council Member Sudario stated the project was in compliance with the General Plan, which the City was required to follow. She noted her vision was to stop buildings from remaining vacant and therefore supports the Family Stress Center at this location.
Council Member Davis stated he had great admiration and respect for the Family Stress Center and he also supports the efforts of the Antioch Rivertown Merchants Association. He suggested Council either approve the appeal as written or table the item for six months, if at that time, the building has not sold, bring it back to Council for approval.
Council Member Soliz stated the issue of a private contract was very important, however that must be weighed against the investments made by the downtown business owners to improve their businesses and the area. He stated the Family Stress Center had his support, however he felt another location would be more appropriate, and was willing to work with the Center to obtain a site. He also suggested the Business Association either buy or option to purchase this Property.
Council Member Freitas stated the Antioch Rivertown Business Association had done an outstanding job and it was his personal preference this location be a retail facility. He felt this was a proper use of the facility and was unable to support the Planning Commission. He stated he would support the Family Stress Center's appeal and requested staff and Council come together and complete the extension of "A" Street into the downtown area.
Mayor Rocha voiced her appreciation of the Rivertown merchants and their work in the downtown area. She noted her support of the Family Stress Center stating she believed they would bring pedestrian traffic downtown and make a difference.
RESOLUTION NO. 99/154
On motion by Council Member Sudario, seconded by Mayor Rocha, the City Council upheld the appeal with the addition of Project Specific Condition #23 to read: "That exterior changes to the building must go to the Design Review Board for approval." The motion carried the following vote:
AYES: Freitas, Sudario, Rocha
NOES: Davis, Soliz
Mayor Rocha declared a recess at 10:47 p.m. The meeting reconvened at 10:57 p.m. with all members present.
COUNCIL REGULAR AGENDA CONTINUED
City Attorney Galstan presented the staff report dated October 26, 1999, recommending: a) motion to introduce the Ordinance by title only; and b) motion to introduce the Ordinance adding Section 5-17.05 to the Antioch Municipal Code, dealing with construction activity noise.
Council Member Sudario stated she would prefer the Ordinance prohibit construction on any holiday recognized by the City.
City Attorney Galstan recommended a separate Ordinance be brought back to Council to define the holidays.
John Rosema thanked the City for addressing this issue of construction on holidays, and requested Council impose a fine to those who violate this Ordinance.
On motion by Council Member Freitas, seconded by Council Member Soliz the City Council unanimously: a) introduced the Ordinance by title only and b) introduced the Ordinance adding Section 5-17.05 to the Antioch Municipal Code, dealing with construction activity noise.
ORDINANCE 963-C-S
ORDINANCE 964-C-S
Council Member Sudario stated she could not support these Ordinances as they would extend redevelopment bond sales and approve eminent domain.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council adopted the Ordinances. The motion carried the following vote:
AYES: Freitas, Soliz, Davis, Rocha
NOES: Sudario
Jean Kuberra stated intersections and crosswalks were dangerous and parents should have
the assurance crossing guards were properly trained to protect the lives of their
children.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously received and filed the report.
Acting Chief of Police Mark Moczulski gave a brief overview and presented the staff report
dated October 19,1999, recommending the City Council receive and file the report. Captain
Schwitters stated filling the clerical position would free up to 11 hours of kennel
attendant time. Acting Chief of Police Moczulski recommended proceeding with the
recommendations as presented emphasizing the additional clerical position at the front
counter would allow the kennel attendants, ACO's and Supervisor to do their duties. He
stated they would evaluate their progress after the clerical position was filled and
return to Council should additional kennel attendants be needed.
Council Member Soliz recommended Council reevaluate the pay rate for kennel personnel during the next three months to consider a rate increase.
Roger Henry, President of the Association of Responsible Citizens, stated Chief Moczulski and his staff had the full support ARC in their recommendations. He also noted the organization would recommend giving consideration to full time positions as oppose to part time positions, increasing the salary and benefits to help attract and retain employees.
Barbara Sobalvarro stated the kennel improvement was a good start, but felt the clerical position was inappropriate, suggesting a counter clerk at a lesser salary might be more suitable. She stated there was a problem of hiring and keeping the kennel attendants. She suggested hiring three full-time and three part-time kennel attendants, pay at least $12.00 an hour and consider the possibility of creating a kennel supervisor. She further suggested changing the job title from kennel attendant to animal care attendant. She commended Acting Chief Moczulski for his efforts to improve the shelter.
Rusty Cuave, President of Friends of Animal Services, stated as many as 60 volunteers had gone through the organization's orientation program. He encouraged proceeding with the additional kennels and suggested assigning some additional kennel hours in an effort to move toward full-time employees with benefits.
Evie Viera expressed her support of full-time kennel attendants and the installation of a credit card machine. She suggested 7seven part-time kennel attendants with a starting pay of $10.00 per hour and a 90-day review with pay increase. She suggested the buildout be re-evaluated, stating more space was needed for less money.
Susan Thompson who did not wish to speak, conveyed her support of full-time employees at a higher wage.
Steve Barmore, Antioch Police Officer, stated he had contacted a vendor to install the additional kennels and was told construction would be completed within a month.
Council Member Soliz requested a follow-up report in two months to update the employee issue.
On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council unanimously received and filed the report.
Council Member Sudario stated her support of the traffic study but not the funding source,
noting the developers should be billed for the study.
Public Works Director Brandt stated a large percentage of the new roads were located in Assessment District 27 to accommodate the City's new development and he felt it was appropriate for Assessment District 27 to be responsible for these costs.
City Attorney Galstan stated the General Fund could be reimbursed for the cost of the study at a future date should a fee be imposed on developers for maintenance.
Norma Hernandez stated the City did not have the authority use money from Assessment District #27 to pay for this particular service. Furthermore, the maintenance of roads was supposed to be paid for by Measure "C" and gas tax money. She further noted the General Plan provides a formula on how much to charge the developers to pay such costs.
RESOLUTION NO. 99/153
On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council unanimously adopted the resolution approving the contract with Dowling Associates for a price not to exceed $70,000 to be funded out of the General Fund; once the results are returned to Council the traffic study be reimbursed by the developer as long as we have a legally acceptable, validated fee.
City Manager Ramsey introduced the item stating when this item was brought forward it was suggested a subcommittee be formed to participate in the area's development plans. Staff recommended the subcommittee also have representatives from Council, Planning Commission and Design Review Board. Community Development Director Ward clarified forming a subcommittee to work with the public was the next step in putting together a conceptual development plan for the residential blocks of the West Rivertown Area.
Norma Hernandez asked who had given consent for this project to be worked on initially and stated any site the City demolishes should be replaced with low-income housing.
Council Member Sudario stated this is only a subcommittee and any action taken has to come back to Council for a vote.
Council Member Freitas clarified subcommittees are authorized to ask questions, gather information, and make recommendations to Council, they can not set policy.
On motion by Council Member Freitas, seconded by Council Member Davis, the City Council moved the appointments made by Mayor Rocha be affirmed to create the West Rivertown Focus Area Council Subcommittee comprised of Council Member Soliz and Council Member Davis. The motion carried the following vote:
AYES: Freitas, Soliz, Davis and Mayor Rocha
NOES: Sudario
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council tabled this item to a future Council meeting. The motion carried the following vote:
AYES: Freitas, Soliz, Davis, Rocha NOES: Sudario
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously awarded the contract to Robinson-Prezioso, Inc. in the amount of $548,280.
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council unanimously received and filed the report.
- APPROVAL OF COUNCIL MINUTES: September 28, 1999
- APPROVAL OF COUNCIL WARRANTS
- APPROVAL OF TREASURER'S REPORT: September 1999
- REJECTION OF CLAIMS
1. Velma Mendes, #98/99-1108
2. Elma Galal (State Farm General Insurance Co.), #99/00-1111
RESOLUTION NO. 99.155 APPROVING FINAL MAP AND IMPROVEMENT PLANS RESOLUTION NO. 99/156 ACCEPTING GRANT DEED FOR ONE-FOOT STRIP FOR BLACK DIAMOND KNOLLS SUBDIVISION, UNIT 18, (RICHLAND DEVELOPMENT/BLACK DIAMOND KNOLLS, LTD.), TRACT NO. 8324 (PW 581-18)
RESOLUTION NO. 99/157 VACATING A PORTION OF SANITARY SEWER EASEMENT IN VICINITY OF EMPIRE AVENUE, AND AUTHORIZING QUITCLAIM OF TITLE BACK TO UNDERLYING FEE OWNERS, DEL PRADO COMPANY/MC BAIL COMPANY, APN 054-230-008, (PW 555-S2)
RESOLUTION NO. 99/158 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF LONE TREE WAY AND EMPIRE AVENUE (PW 636-1)
RESOLUTION NO. 99/159 AUTHORIZING AGREEMENT FOR ONE GARAGE SALES OFFICE CONVERSION IN DIABLO WEST, UNIT 4 (WILLIAM LYON HOMES, INC.), TRACT NO. 8243, LOT NO. 312 (PW #579-4)
RESOLUTION NO. 99/160 APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF ANTIOCH
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Consent Calendar, with the exception of Items E and I, which were removed for further discussion.
Item E: City Manager Ramsey introduced Item E. Council Member Sudario stated approval of this item would bring 56 additional single-family lots into the City, therefore she would be voting no.
On motion by Council Member Freitas, seconded by Council Member Davis, the City Council adopted the resolution. The motion carried the following vote:
AYES: Freitas, Soliz, Davis, Rocha
NOES: Sudario
Item I: Council Member Freitas stated he would abstain from voting on this item due to a conflict of interest.
On motion by Council Member Soliz, seconded by Council Member Davis, the City Council adopted the resolution approving the Agreement. The motion was carried by the following vote:
AYES: Soliz, Davis, Sudario, Rocha
ABSTAIN: Freitas
Mayor Rocha adjourned to the Antioch Development Agency.
- APPROVAL OF AGENCY MINUTES September 28, 1999
- APPROVAL OF AGENCY WARRANTS
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved the Agency Consent Calendar.
COUNCIL COMMUNICATIONS
Council Member Soliz stated the Blues showcase was a success and he would be working with his group to arrange a full day festival next year.
Council Member Freitas stated that Community Development Deputy Director Carniglia had made a presentation to TransPlan who would begin the process of increasing the regional transportation fee with a revisal it be legally defensible and contingent on an existing legal nexus. He discussed Assembly Bill 10-12 stating TransPlan had directed its staff to work with Assembly Member Torlakson to try to speed up a portion of the Highway 4 expansion projects as well as the State Route 4 Bypass.
ADJOURNMENT
With no further business, Mayor Rocha adjourned the meeting at 12:22 a.m., to the next scheduled City Council Meeting on November 9, 1999.
Respectfully Submitted:
L. JOLENE MARTIN, City Clerk