ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
MEETING MINUTES
Regular Meeting
February 22, 2000
7:00 p.m.
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, Soliz, Davis, Sudario and Mayor Rocha
Mayor Pro Tem Davis led the Council and audience in the Pledge of Allegiance.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Mike Malody announced the 2000 Antioch Mayor
=s Prayer Breakfast on Thursday, April 13, 2000, at 7:00 A.M. at Humphrey's on the Delta. He noted the speaker would be Arlene Kaiser, Ed.D. and encouraged everyone to attend.Jean Kuberra announced the broadcast schedule of her public access show, Antioch News and Views, airing on Cable Channel 26.
PRESENTATIONS:
Sponsors for February 5, 2000 Safety Faire
Dr. Vincent Malfitano
Mayor Rocha thanked the sponsors and co-sponsors for making the Safety Faire possible through their support. Acting Police Chief Mark Moczulski and Police Commissioner Bart Sandborn presented gifts to the sponsors thanking them for their participation. Mr. Sandborn stated the money raised was given to the City
=s Crime Prevention Fund, which helps to fund the National Night Out and Neighborhood Watch Programs. Additionally, Acting Police Chief Moczulski recognized Mr. Sandborn for his volunteer efforts in coordinating the Safety Faire, and presented him with a gift.Council Member Sudario presented Dr. Malfitano with a plaque recognizing him for his contributions to Antioch. She stated he had invested in the community with an assisted care facility for seniors that, when totally build-out, would employ 200-250 livable wage jobs for the community. Dr. Malfitano thanked the City Council for the recognition.
PUBLIC COMMENTS
Elvin Scott gave an update on his organization's attempt to protect the pensions of all people.
Jean Kuberra stated she would be filing a Brown Act complaint directed to the City of Antioch, Mayor Rocha, and Council Member Freitas in reference to the February 8, 2000 Council meeting in which she was asked to leave by Mayor Rocha. She reviewed her cure and correct requests.
Mike Malody encouraged everyone to vote on March 7, 2000 and urged the public to vote yes on Proposition 22 to protect the definition of marriage.
COUNCIL REGULAR AGENDA
Assistant City Engineer Bernal presented the staff report dated February 16, 2000, recommending Council receive and file the report.
Ms. Rosico, East Bay Regional Park representative, gave a brief presentation on Propositions 12 and 13. She provided the City Council with informational handouts on Proposition 12 and reviewed potential projects in the area.
In response to Council Member Soliz, City Attorney Galstan stated these funds could be used for rehabilitating facilities but not for maintenance.
Council Member Soliz stated funds were needed for maintenance and requested a committee be formed to work with the Park and Recreation Commission on the possibility of forming a Parks District.
On motion by Council Member Soliz, seconded by Council Member Davis, the City Council unanimously received and filed the report.
City Manager Ramsey presented the staff report dated February 16, 2000, recommending the City Council adopt the resolution approving a joint economic development effort between the Cities of Antioch and Pittsburg for the development of the Pittsburg-Antioch Highway area.
Council Member Freitas suggested a work session on March 21, 2000 to review economic development policies and procedures.
In response to City Manager Ramsey, Council Member Freitas requested this item be discussed at the March 21, 2000 meeting with a special meeting to discuss the water issue.
Council Member Soliz stated he would like the committee revitalized and a review of the strategic plan that was established. He requested a copy of the study for the City Council to review and discuss.
Council Member Davis stated the meeting with Pittsburg was productive and he is in full support of passing the resolution.
Norma Hernandez stated she feels the City Council should not have been at the meeting discussing economic development with Pittsburg noting it was illegally noticed. She stated two governmental bodies making decisions on land use is going to be difficult and will result in a joint power agreement with bonds sold bringing Antioch in debt.
Council Member Sudario stated she would not be supporting the motion with the kind of industry Pittsburg is trying to attract and possibility of the formation of a joint powers authority.
Council Member Soliz stated the proposal tonight is to work on a joint economic development effort and to provide jobs locally. He noted the issue of tax revenue sharing needs to be addressed.
Council Member Sudario suggested the cities work jointly on the zoning of land to build a strong economic base and Antioch work on their General Plan update.
Council Member Freitas stated it is important to explore the possibility of having a regional effort to attract businesses to East Contra Costa County and provide livable wages to residents.
Mayor Rocha stated the public wants Antioch to work regionally to provide jobs for the community.
RESOLUTION NO. 2000/16
On motion by Council Member Soliz seconded by Council Member Freitas, the City Council adopted the resolution. The motion carried the following vote:
AYES: Rocha, Davis, Freitas, Soliz
NOES: Sudario
PUBLIC HEARINGS
Director of Community Development Ward presented the staff report dated February 22, 2000, recommending:
Motion to adopt the Negative Declaration as being adequate (ND-99-6);
Motion to introduce the ordinance by title only;
Motion to introduce the ordinance amending Title 9, Chapter 5, Article 3 of the Antioch Municipal Code (Zoning Map) rezoning an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road from Planned Development District (PD) to Planned Development District (PD) (PD-99-2), and amending the Southeast Antioch Specific Plan to redesignate an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road from R-6 Low Density Residential to Neighborhood Commercial (SP-99-1);
Motion to adopt the resolution approving a Final Development Plan for a commercial project on an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road;
Motion to adopt the resolution approving a use permit to allow the construction and operation of an approximately 9000 square foot retail commercial building, a 6200 square foot restaurant facility, and a 2700 square foot service station with mini-mart on an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road (UP-99-26A; and
Motion to adopt the resolution approving a Tentative Subdivision Map (minor subdivision) to subdivide an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road into three separate parcels (MS-357-304-99).
Discussion ensued regarding the restaurant with the City Council Members requiring the applicant to bring in an upscale project. Mr. Celebi stated he could not market the building until there is an approval noting his definition of upscale would be similar to the "Elephant Bar and Grill." City Attorney Galstan noted the use permit is for a sit-down restaurant and suggested the City Council could stipulate there would be no duplication of existing restaurants in Antioch.
Mayor Rocha opened the public hearing.
Yucel Celebi stated the highest probability of success for the center is an upscale restaurant to bring in business making it a financial success. He noted they intend on constructing all the buildings on the site at the same time.
Council Member Soliz suggested the applicant contact sighting managers of upscale restaurants to attract their business.
Norma Hernandez suggested the applicant could come back to the City Council for a final approval since this application has a zoning change and noted she feels the applicant should get a potential client before the restaurant building is constructed.
Jean Kuberra discussed a market study for the community and the compatibility of a mini-mart, gas station, and restaurant. She noted upscale is not definable and there is no legal leverage after the fact.
Ralph Hernandez suggested the City Council condition the applicant to provide an upscale restaurant and get some expert opinion on the definition. He also suggested a conference room to serve the community and facilities to accommodate dancing with a live band.
Mayor Rocha closed the public hearing.
Council Member Sudario stated she supports this project, the rezoning from residential to commercial, providing jobs and a tax base. She requested the applicant do his best to insure this project be an upscale restaurant and contact her on who will be occupying the restaurant facility.
Council Member Freitas stated Antioch needs an upscale restaurant. He noted the size and architecture support an upscale facility and directed staff to notify the City Council when the restaurant is chosen for this site.
City Attorney Galstan stated the City Code defines fast food and sit-down restaurants. Council Member Sudario requested a definition to be added to the current Code for upscale to come back to the City Council.
In response to Mayor Rocha, Acting Police Chief Moczulski stated the city provides data to the State Department of Alcohol Beverage and Control and they determine the saturation point and make approvals for the alcohol permits.
Council Member Davis stated this project presents itself well in architecture and concept.
On motion by Council Member Sudario, seconded by Council Member Freitas, Council unanimously approved SP-99-1, PD-99-2, UP-99-26/A, MS-367-304-99.
- Motion to adopt the Negative Declaration as being adequate (ND-99-6);
- Motion to introduce the ordinance by title only;
- Motion to introduce the ordinance amending Title 9, Chapter 5, Article 3 of the Antioch Municipal Code (Zoning Map) rezoning an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road from Planned Development District (PD) to Planned Development District (PD) (PD-99-2), and amending the Southeast Antioch Specific Plan to redesignate an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road from R-6 Low Density Residential to Neighborhood Commercial (SP-99-1); and
- Motion to adopt the resolution approving a Final Development Plan for a commercial project on an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road.
RESOLUTION NO. 2000/17
- Motion to adopt the resolution approving a use permit to allow the construction and operation of an approximately 9000 square foot retail commercial building, a 6200 square foot upscale sit down restaurant facility, not to duplicate any existing Antioch restaurant, and a 2700 square foot service station with mini-mart on an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road (UP-99-26A); and
RESOLUTION NO. 2000/18
- Motion to adopt the resolution approving a Tentative Subdivision Map (minor subdivision) to subdivide an approximate 2.52 acre site on property located at the southern corner of Lone Tree Way and Golf Course Road into 3 separate parcels (MS-357-304-99).
RESOLUTION NO. 2000/19
On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council unanimously continued this item to March 14, 2000.
AGENCY REGULAR CALENDAR
On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council unanimously continued this item to March 14, 2000.
On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council
unanimously continued this item to March 14, 2000.
On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council unanimously continued this item to March 14, 2000.
Mayor Rocha declared a recess at 8:58 P.M., the meeting reconvened at 9:12 P.M. with all Members present.
Mayor Rocha adjourned to the Antioch Development Agency.
AGENCY CONSENT CALENDAR
- APPROVAL OF AGENCY MINUTES: January 25, 2000
On motion by Agency Member Freitas, seconded by Agency Member Sudario, the Agency unanimously approved item "A" of the Agency Consent Calendar.
- APPROVAL OF AGENCY WARRANTS
In response to Agency Member Sudario, Director of Community Development Ward stated the Relocation Fund is the West Rivertown Relocation.
On motion by Agency Member Sudario, seconded by Agency Member Freitas, the Agency unanimously approved item "B" of the Agency Consent Calendar.
COUNCIL REGULAR AGENDA (Continued)
Economic Development Director Sainz presented the staff report dated February 14, 2000,
recommending that the City Council approve the resolution authorizing the City Manager to
enter into a Job Development Incentive Loan Agreement for a $90,000 loan between Kustum
Steel Fabricators ("Kustum Steel") and the City of Antioch ("City").
She clarified the City is asking the applicant to target low- to moderate-income household
persons working through the State EDD and give top priority to Antioch residents for the
additional nine (9) employees.
Kathy Hult stated they currently provide benefit package to some employees and management and are reviewing providing benefit packages to all the employees and their families and restructuring their pay scale. She noted the company could find the funds to relocate without the incentive package assistance.
Director of Community Development Ward clarified this is Community Development Block Grant moneys that the City receives from the United States Department of Housing and Urban Development and part of the City's Economic Development Plan is to create jobs and assist businesses to relocate in Antioch.
Mayor Rocha expressed concern for salary range and its ability to support a family.
Construction Trades provided a written comment stating this project is not in agreement with what the City is trying to do regarding the company providing a living wage.
Council Member Sudario stated she could not support this motion noting the applicant is not providing their employees with a livable wage. She noted this company does not need the incentive program and she will not vote to give away taxpayers' money.
Council Member Soliz stated half of these jobs have to be made available to low-income people and this is an opportunity for some of the tax dollars to come back to the community. He noted he is in favor of getting these people to work and live locally.
Ms. Sainz stated the guidelines for this program are up for review on February 28, 2000, and recommended the City Council could change the guidelines if they feel the salary is too low.
RESOLUTION NO. 2000/20
On motion by Council Member Soliz, seconded by Council Member Davis, the City Council adopted the resolution. The motion carried the following vote:
AYES: Soliz, Davis, Freitas
NOES: Rocha, Sudario
City Manager Ramsey presented the Ordinance stating it is on the regular agenda due to the
split vote taken on this item at the initial reading. He suggested the City Council
clarify in the second reading whether or not the Municipal Services Fee would apply to
development with existing development agreements.
City Attorney Galstan stated the changes in the Ordinance regarding the time period of the calculation of the fee to 10 years, and 5-year sunset clause have been made at the City Council's request. He noted this Fee would be in addition to Measure "C."
Merle Gilliland stated he opposes the Municipal Services Fee for reasons referred to in Mr. Bjerke's letter dated February 3, 2000. He provided language to the City Council suggesting it to be added to Section 4 of the Ordinance regarding projects protected under the development agreements.
ORDINANCE 969-C-S
On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council adopted the Ordinance with A) Language to be inserted regarding Measure "C"; B) That this does not include the fee that is not included in Development Agreements; and C) Adequate notice be provided. The motion carried the following vote:
AYES: Freitas, Davis, Soliz, Rocha
NOES: Sudario
Director of Public Works Brandt and Acting Police Chief Moczulski presented the staff report dated February 14, 2000, recommending that the City Council authorize signing and striping of Hillside Road as show on Attachment "A" of the staff report.
On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council unanimously authorized signing and striping of Hillside Road.
Director of Public Works Brandt presented the staff report dated February 15, 2000, recommending the City Council find the conditions for approving the construction of speed tables on Carpinteria Drive have not been met and delaying construction until all conditions are met.
PROPONENTS
Bart Sandborn stated this issue has been a problem for many years. He noted the speed tables make sense and he did not notify the residents they would be paying for them since it was agreed at the first City Council meeting in July that the City would fund them. He further noted six residents have moved from Carpinteria Drive, citing the speed concern as their reason. He stated this is a quality of life issue and requested the City Council's support.
Steve Schilling stated there is a major safety problem on the street and he urged the City Council to approve the speed undulations.
Mark Buchman thanked the City for the striping of the road and urged them to approve the speed undulations to address his safety concerns.
OPPONENTS
Ron Schuller stated he does not support measures that will divert traffic off of Carpinteria Drive and onto adjacent streets. He expressed concern that the eight conditions have not been met and the safety of drivers going over the speed bumps.
Gail Nichols stated she had conducted polls in the neighborhood, which resulted in less then 44% of the residents supporting the speed tables. She noted if the City pays for the speed bumps at this location there would be many more requests for speed bumps within the city.
Jim Highbarger stated this is an experiment to solve a problem not shown to exist. He noted many people were not allowed to vote on the speed bumps and they pose safety concerns. He further noted he is concerned for traffic being diverted.
A motion made by Council Member Sudario to find that the conditions for approving the construction of speed tables on Carpinteria Drive have not been met and delaying construction until all conditions are met failed for lack of a second.
Council Member Sudario directed staff that in the future with existing and new development that the City take a better look at how the streets are designed.
Council Member Freitas stated he opposes speed bumps. He recommended the Police Department and Public Works Department work with the residents for other options and solutions to be paid for by the City.
Council Member Davis encouraged the City to continue toward a solution to mitigate the problems on Carpinteria Drive. He commended Mr. Sandborn for his efforts to see this project through.
Director of Public Works Brandt stated he has agreed to work with Mr. Sandborn to come up with a solution.
Council Member Soliz stated he had requested that during the budget deliberations for this fiscal year that money be set aside for this project. He noted public streets should be the City's responsibility through the capital projects budget.
On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council finds the conditions for approving the construction of speed tables on Carpinteria Drive have not been met and the request is therefore denied. The motion carried the following vote:
AYES: Freitas, Davis, Sudario, Rocha
NOES: Soliz
City Manager Ramsey presented the staff report dated February 17, 2000, recommending the
Mayor make appointments to Council Subcommittee on FUA #1 as deemed appropriate. He noted
the meeting location has not been determined and they would be public meetings subject to
all Brown Act requirements. He further noted it would be left under the discretion of the
City Council to give direction on televising the meetings.
Council Member Sudario opposed the appointment to the subcommittee stating it is more growth she can not support.
Council Member Soliz stating it is important to engage in long-term planning and he would like economic development as part of this plan.
On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council approved the appointment of Council Members Freitas and Davis to the Subcommittee with the Planning Commission to make their appointment of two individuals to the subcommittee. The motion carried the following vote:
AYES: Freitas, Davis, Soliz, Rocha
NOES: Sudario
Council Member Freitas discussed the BART extension to San Jose. He suggested the City Council write a letter to the Governor of the State of California indicating that if there is an extension of BART outside the approved boundaries that there has to be a buy-in cost for that addition. He recommended copies of the letter be sent to the State Senator, Assembly Members, and letters to the editor requesting the public send letters to the Governor that dollars be given to Eastern Contra Costa County to extend our rail line further east.
Council Member Davis stated he supports Council Member Freitas' suggestion and encouraged courtesy copies to Congresswoman Ellen Tausher.
Council Member Freitas suggested a resolution on the agenda for March 14, 2000, with the resolution disseminated to all the cities in Contra Costa County requesting them to take a similar position with regards to the BART extension to Santa Clara County.
Council Member Soliz suggested the Mayor take forward to the Mayors' Conference a proposal that a group of elected officials from various cities in Contra Costa County be sent to Sacramento to lobby for more dollars.
The City Council directed staff to prepare a letter of opposition to the expansion of the BART boundary to be presented at the Mayors' Conference.
City Manager Ramsey stated staff would prepare an item to bring back for the March 14, 2000 City Council meeting.
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES: January 25 and 27, 2000
APPROVAL OF COUNCIL WARRANTS
APPROVAL OF TREASURER'S REPORT: January 2000
REJECTION OF CLAIM
RESOLUTION No. 2000/21 DIRECTING ENGINEER OF WORK TO PREPARE CONSOLIDATED REPORT FOR THE ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPING DISTRICTS FOR FISCAL YEAR 2000/2001
LICENSE AGREEMENT WITH DELTA DIAMONDS FOR USE OF #5 EAST SIXTH STREET FOR SOFTBALL PRACTICE
RESOLUTION No. 2000/22 AUTHORIZING FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR THE STATE ROUTE 4 EAST CORRIDOR TRANSPORTATION MANAGEMENT SYSTEM FROM BAILEY ROAD TO THE SR 4/160 INTERCHANGE (PW 642)
RESOLUTION No. 2000/23 AUTHORIZING FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR "L" STREET/CONTRA LOMA BLVD. BICYCLE AND PEDESTRIAN IMPROVEMENTS UNDER STATE ROUTE 4 (PW 234-13)
RESOLUTION No. 2000/24 AUTHORIZING FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING FOR THE WEST 18TH STREET BICYCLE, PEDESTRIAN, AND TRANSIT IMPROVEMENTS FROM "L" STREET TO "D" STREET (PW 645)
RESOLUTION No. 2000/25 AUTHORIZING AGREEMENT FOR ONE GARAGE SALES OFFICE CONVERSION IN LONE TREE ESTATES, UNIT 3 (DAVIDON HOMES), TRACT NO. 7900, LOT 281 (PW #572-3)
SCHEDULE OF SPECIAL COUNCIL MEETING ON TUESDAY, FEBRUARY 29, 2000, MID-YEAR BUDGET REVIEW
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Consent Calendar.
PUBLIC COMMENTS
None
COUNCIL REPORTS/COMMUNICATIONS
Council Member Freitas reported TRANSPLAN and TRANSPAC will be having a joint meeting regarding the metering and concerns with the City of Concord. He noted they will be looking at various solutions and remedies regarding managing the traffic congestion.
Council Member Sudario stated she would be out of town for the March 1, 2000 joint School Board/City Council meeting and requested the meeting be rescheduled.
Council Member Soliz recognized the passing of Larry Johnson, a long time educator in the Antioch School System. He stated a Memorial Service is scheduled for February 26, 2000, 10:00 A.M., at Beede Auditorium at Antioch High School.
STAFF COMMUNICATIONS
Mayor Rocha requested criteria to follow for the presentation to civic members.
City Manager Ramsey requested the City Council provide information regarding the agenda items for the joint meeting with the Antioch Unified School Board. He stated tonight the City Council would be adjourning to the February 29, 2000 meeting for the mid-year budget review.
ADJOURNMENT
Mayor Rocha closed the meeting in memory of Mr. Johnson.
With no further business, Mayor Rocha adjourned the meeting at 11:00 P.M., to the mid-year budget review on February 29, 2000.
Respectfully Submitted:
L. JOLENE MARTIN, City Clerk