ANTIOCH CITY COUNCIL

                                   ANTIOCH DEVELOPMENT AGENCY

 

Regular Meeting                                                                                            September 26, 2000

7:00 P.M.                                                                                                              Council Chambers

 

 

Mayor Rocha called the meeting to order at 7:01 P.M., and City Clerk Martin called the roll.

 

Present:  Council Members Freitas, Davis, Soliz and Mayor Rocha

 

PLEDGE OF ALLEGIANCE

 

Mayor Pro Tem Davis led the Council and audience in the Pledge of Allegiance. 

 

PROCLAMATIONS

On motion by Council Member Freitas seconded by Council Member Soliz the Council unanimously approved the proclamations.

 

Council Member Soliz presented Carmen Ochoa with the proclamation proclaiming September 15 B October 15, 2000 as "National Hispanic Heritage Month." Carmen Ochoa accepted the proclamation on behalf of Give Always to Others & Company and reviewed their activities and sponsorship for 2000.    She encouraged the community to participate in the Hispanic Festival on October 8, 2000 from 11:00 A.M. to 4 P.M. at County East Mall.

 

Council Member Davis presented Brian and Vicky McCoy with the proclamation proclaiming October 7, 2000 as the "13th Annual East County Hunger Walk." Brian McCoy thanked the city for the recognition and the mayors of Pittsburg, Antioch, Oakley, and Brentwood for their support.

 

Council Member Freitas presented Hilda Mejia with the proclamation proclaiming October 7, 2000 as "Mt. Diablo Habitat for Humanity Tenth Anniversary." Hilda Mejia thanked the City for the proclamation and invited the community to attend the House Opening on October 7, 2000 at Ellis Street and Clayton Road in Concord from 3:00 P.M. to 5:00 P.M.

 

Mayor Rocha presented Nancy Monfort with the proclamation proclaiming October 7, 2000 as the "Second Annual East County Women's Conference."  Nancy Monfort, on behalf of the Antioch Chamber of Commerce, thanked the City for the proclamation and provided a contact number for anyone interested in participating in the conference on October 7, 2000 from 9:00 A.M. to 4:00 P.M. at Black Diamond Middle School.  

 

Mayor Rocha stated she would be sending the "Welcome to Social Security" proclamation to the organization.

 

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

 

Council Member Soliz announced the Delta Blues Festival on October 14, 2000 from 1:00 P.M. to 7:00 P.M. at Waldie Plaza.  He provided the website address and contact number for the community. 

 

Mayor Rocha announced a fashion show in support of the Cancer Society on October 7, 2000 at 11:00 A.M. and 1:00 P.M. at County East Mall and the Mayor's Cup Football Game with Deer Valley and Antioch High Schools on September 29,2000.  

 

PUBLIC COMMENTS

 

Marzel Price, Commissioner of the East County Midnight Basketball League, stated they had lost their program funding and requested support from Antioch.  In response to Mayor Rocha's inquiry he stated they had raised half of the $32,000 needed for the season and were working to secure long term funding. 

 

Mayor Rocha stated funding through the Block Grant Program would be reviewed in January and would be a possible source.  Council Member Freitas requested this item be placed on the action calendar for the October 10, 2000 City Council meeting and suggested during the interim Mr. Price work with the City Manager for some partial funding.

 

Alvin Scott reviewed his efforts to inform individuals on how to protect their pensions and entitlements. 

 

John Capolungo expressed his displeasure with children using the skate park after hours and suggested the Police Department patrol the area and suggested the construction of a natural sound wall.   

 

Karen Soliz introduced Autumn Carter, a performer at the Rivertown Jamboree. Autumn introduced her mother, choreographer, and dancers.  Ms. Soliz requested the City support efforts to get a performing arts class taught by Latania Watts at Prewett Park. Ms. Watts offered to perform at the County East Mall on October 7, 2000 to support the Breast Cancer Research.  Council Member Soliz suggested orchestrating a contact between this group and the Antioch Multi-Cultural Foundation. 

 

COUNCIL REGULAR AGENDA

 

  1. RESPONSE TO LAFCO'S REQUEST FOR COMMENTS ON IMPLEMENTATION OF URBAN LIMIT LINE DECISION

Community Development Deputy Director Carniglia presented the staff report dated September 21, 2000 recommending Council adopt the Resolution providing responses to LAFCO as part of LAFCO's request for comments on its existing policies concerning annexations and sphere of influence.

 

Discussion ensued regarding the Local Agency Formation Commission of Contra Costa County General Policy Statement and the Local Agency Formation Commission of Contra Costa County Statement of Policy On Spheres of  Influence and Annexations, with Council Member Freitas requesting LAFCO define "compellingly outweighs the public interest" and "overriding reasons" with written criteria for all public agencies to respond to. He further requested the Resolution be modified.

 

Jim Conley suggested language in the letter to LAFCO reminding them of their judiciary responsibilities.

 

Jean Kuberra discussed the negative impacts she feels the Roddy Ranch Housing Project would have had on the city. 

                                                        RESOLUTION 2000/123

 

On motion by Council Member Freitas, seconded by Council Member Davis, the Council voted unanimously to approved the Resolution with the following changes: A) under the action clause where it reads "LAFCO's general policy statement," first bullet, "other public agencies" be defined; under the second bullet "growth policy of different agencies" be defined.  Clarify the phrases "compelling outweighs the public interest" and "overriding reasons"; and request LAFCO provide written documentation with regards to the means as well as the challenge to any public agency to meet the requirement and that during the development process the drafts from LAFCO be circulated to all public agencies in Contra Costa County for their input before it is presented to the LAFCO Board for action. 

Council Member Freitas suggested this item be discussed at the Mayors' Conference and with the City's representatives on the LAFCO Board.

 

Council Member Soliz echoed his support of a well-defined policy to take the politics out of these issues.

Mayor Rocha declared a recess at 8:08 P.M. the meeting reconvened at 8:19 P.M., with all members present. 

 

PUBLIC HEARINGS

  1. TAYLOR PROPERTIES REQUESTS APPROVALS FOR A FINAL DEVELOPMENT PLAN, MASTER USE PERMIT, TENTATIVE SUBDIVISION MAP, AND USE PERMIT FOR CHILD CARE WITHIN THE OFFICE DESIGNATION OF THE GENERAL PLAN; USE PERMIT TO ALLOW SHARED PARKING WITH PHASES 1 AND 2 OF THE WILLIAMSON RANCH PLAZA AND USE PERMIT TO ALLOW RESTAURANTS WITHIN THE OFFICE DESIGNATION OF THE GENERAL PLAN FOR THE "WILLIAMSON RANCH PLAZA" PROJECT PHASES III AND IV FOR PROPERTY LOCATED APPROXIMATELY 1,750 FEET WEST OF THE NORTHWEST CORNER OF LONE TREE WAY AND HILLCREST AVENUE.  FILE NUMBERS: PD-00-02, UP-00-15A, PW-357-304-00

Associate Planner Oshinsky presented the staff report dated September 22, 2000, recommending the City Council: A) motion to adopt the Mitigated Negative Declaration as being adequate (MND-00-7);  B) motion to adopt the Resolution approving a Final Development Plan for Phases III and IV of the Williamson Ranch Plaza; C) motion to adopt the Resolution approving a Master Use Permit to allow the construction and operation of a retail shopping center and office park, DENY a use permit for a daycare center within the portion of the site designated for office uses, to approve a Use Permit to allow shared parking with Phases I and II of the Williamson Ranch Plaza and to approve a Use Permit to allow restaurants within the Office Designation of the General Plan for the Williamson Ranch Plaza, located approximately 1,750 ft. west of the northwest corner of Lone Tree Way and Hillcrest Avenue; and D) Motion to adopt the Resolution approving a subdivision map to divide the property into seven (7) parcels.

Economic Development Director Naffah expressed his concern the proposed project would not fulfill City's goal to maximize office space.   In response to Council Member Soliz, he stated he felt the parking issues created by an athletic club would be counterproductive at this site.  Community Development Deputy Director Carniglia added the current Zoning Ordinance would not permit an athletic club in a commercial/office zone.  

PROPONENTS

Lux Taylor, owner of Taylor Properties, reviewed the proposal for Phases III and IV of Williamson Ranch Plaza.  He discussed concerns regarding Phase IV, stating they did not feel the depth of the market was there to support 84,000 square feet of office space at this location.  He noted their vision was to provide service tenants to serve the community and other office projects. He requested they be allowed to develop the property as the market demands with the City providing them the flexibility to provide a two-story office facility, instead of the daycare center and tenants for the restaurant facilities.

 OPPONENTS

Hector Nevarez Jr., Robert Pratt and Scott Newcomer, neighbors of the proposed project expressed their concern regarding the proposed height of the light poles for this development, causing light pollution intruding on their homes, compromising their privacy and quality of life.  They presented Council with a petition in support of lowering the lights.

 GENERAL

Mike Malody encouraged the City to provide flexibility while working with the developer to allow them to get a return on their dollar within an adequate amount of time.

Jean Kuberra supported Economic Development Director Naffah's argument regarding the potential parking problems an athletic club would create and concern for the restaurant requirement on this project.  She stated she approved of the recommendation for denial of the daycare facility and questioned whether the retail jobs would have the $12.00 per hour pay requirement, and whether or not fiber optics would be available at this site.

 

Fran Vaughn stated Antioch needed this project and felt flexibility should be provided to the developers.  He suggested developing the property as office space with the ability to use the office space for a daycare or other functions compatible with an office setting.  He recommended staff work with the developer to resolve the issue of lighting with the neighbors.

 

REBUTTAL

 

Lux Taylor presented the site plan and stated their position to the neighbors' concerns regarding the lighting issues.  He stated he supports the flexibility for an athletic club use for this project and noted if properly located it would not conflict with office uses.  He discussed the environmental document and mitigation measures pointing out noise from the daycare center would not have a negative impact to the neighborhood.

Mayor Rocha closed the public hearing.

 

Council Member Freitas suggested moving forward with Phase III and continuing Phase IV to resolve the issues discussed this evening.  Mr. Taylor agreed with the approval of Phase III, adding they would be willing to continue Phase IV to resolve the outstanding issues.

 

Mayor Rocha stated she would like the daycare facility to remain a consideration.   

 

Council Member Soliz noting there was no differentiation between Phase III and IV and did not like the idea of dividing them. Community Development  Deputy Director Carniglia stated he felt it was possible to separate Phase III from Phase IV due to the designations of the parcels.

 RESOLUTION NUMBERS 2000/124, 2000/124.1, AND 2000/124.2

 

On motion by Council Member Freitas, seconded by Council Member Davis, the City Council approved:  A) motion to adopt the Mitigated Negative Declaration as being adequate (MND-00-7); B) motion to adopt the Resolution approving a Final Development Plan for Phase III excluding the issue of lighting of the Williamson Ranch Plaza; C) motion to adopt the Resolution approving a Master Use Permit to allow the construction and operation of a retail shopping center and office park, to approve a Use Permit to allow shared parking with Phases I and II of the Williamson Ranch Plaza; D) motion to adopt the Resolution approving a subdivision map to divide the property into seven (7) parcels, with direction to staff: 1. Council will immediately begin discussions regarding the restaurant definition categories as well as potential requirements; 2.  Staff and proponent would work with neighbors regarding lighting; and 3.  The Planning Commission would review the issue of a athletic club facility in a retail center.  The motion carried the following vote:

 

AYES: Freitas, Davis, Rocha
ABSTAIN: Soliz

  1. THE CITY OF ANTIOCH REQUESTS AN ORDINANCE AMENDMENT TO SECTION 9.5-3803 OF THE ZONING ORDINANCE UNDER TEMPORARY USES, OUTDOOR DISPLAY OF MERCHANDISE (IN CONJUNCTION WITH A NON-RESIDENTIAL USE).  THE AMENDMENT WOULD ADD LIMITATIONS TO THE NUMBER OF TIMES PER YEAR AND THE SIZE OF THE PROPERTY IN WHICH THIS USE COULD BE CONDUCTED.  THIS PROJECT IS CATEGORICALLY EXEMPT UNDER CEQA, ARTICLE 19, SECTION 15305, CLASS 5, MINOR ALTERATIONS IN LAND USE LIMITATIONS

Associate Planner Oshinsky presented the staff report dated September 22, 2000 recommending the City Council: A) Motion to introduce ordinance by title only; B) Motion to introduce ordinance adding section 9‑5.3828.1 to the Antioch Municipal code, dealing with outdoor retail sales.

In response to Council Member Freitas, Community Development Deputy Director Carniglia suggested modification of the language in section 1D of the ordinance to read, "Administrative use permits shall be considered only for outdoor retail sales of products sold by a merchant physically located and doing business at the shopping center where the sale is proposed to take place."

 Mayor Rocha opened the public hearing.

Mike Malody stated he felt this Ordinance would put undue restrictions on retailers. He urged the City Council to proceed with caution.

Martha Henry expressed concern and opposition to Wal-Mart selling cars from Brentwood dealerships and Antioch not receiving the sales tax revenues for the purchases.

Mayor Rocha closed the public hearing.

Economic Development Director Naffah stated parking lot sales go against business licenses and permitted uses for individual businesses negatively impacting other businesses without the benefit of sales tax dollars to the City.

 

City Manager Ramsey stated the City spends a lot of time dealing with the image and appearance of Antioch when projects are approved and this ordinance was a management tool to allow the City to be more predictable in the type of behavior to expect in the retail community.

Council Member Freitas requested staff track the requests and report quarterly on the types of requests approved and denied.

Council Member Soliz stated he would not be supporting the motion adding he felt the Ordinance was too restrictive.  

On motion by Council Member Freitas, seconded by Council Member Davis, the Council approved: A) motion to introduce the ordinance by title only; B) motion to introduce the Ordinance adding section 9-5.3828.1 to the Antioch Municipal Code, dealing with outdoor retail sales, with a modification to Section D to read  "Administrative Use Permits shall be considered only for outdoor retail sales of products sold by a merchant physically located and doing business at the shopping center where the sale is proposed to take place," and clarification in regards to vacant property. The motion carried the following vote:

AYES: Freitas, Davis, Rocha
NOES: Soliz

COUNCIL REGULAR AGENDA B Continued 

  1. LEGISLATION AND ADVOCACY

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

  1.  COUNCIL CONSENT CALENDAR

  1. APPROVAL OF COUNCIL MINUTES B September 12, 2000

  2. APPROVAL OF COUNCIL WARRANTS

  3. APPROVAL OF TREASURER'S REPORT B June and July, 2000

  4. RESOLUTION NO. 2000/125 AMENDING THE 2000-01 BUDGET BY REALLOCATING ONE (1) ASSISTANT ENGINEER POSITION TO AN ADMINISTRATIVE ANALYST I/II POSITION

  5. RESOLUTION NO. 2000/126 AMENDING THE 2000-01 BUDGET BY ADDING ONE (1) ADDITIONAL WATER TREATMENT PLANT OPERATOR POSITION

  6. RESOLUTION NO. 2000/127 APPROVING EXECUTION OF ABANDONED WATERCRAFT ABATEMENT FUND PROGRAM AGREEMENT WITH DEPARTMENT OF BOATING AND WATERWAYS

  7. AWARD OF BID FOR WATER TREATMENT PLANT CARBON REMOVAL /INSTALLATION

On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously approved the Council Consent Calendar. 

 COUNCIL REGULAR AGENDA B Continued

  1. PRESENTATION BY POSTMASTER DANIELS REGARDING ISSUANCE OF STAMPS SUPPORTING BREAST CANCER RESEARCH 

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously continued this item to October 10, 2000. 

PUBLIC COMMENTS

 

None.

 

COUNCIL REPORTS/COMMUNICATIONS

 

Council Member Davis thanked Raley's for sponsoring the Annual Rib Cook-off at the Antioch Rivertown Jamboree noting it was a great success.

 

Council Member Soliz reported on the Coastal Clean-up Day, September 16, 2000 and commended Frank Palmeri for his efforts.  Council Member Davis added he had met some of the Scout members at Contra Loma who participated in this event. 

 

Mayor Rocha stated she was looking for volunteers to serve dinner to the football players of the Antioch and Deer Valley High Schools on Wednesday.  She announced there would be a band review September 30, 2000 in downtown Antioch and a Transportation Forum on October 17, 2000 regarding the BART issue.  She noted information on the forum was distributed in the water bill and she had appeared before the Pittsburg City Council,  further noting they would be participating in the event. 

 

STAFF COMMUNICATIONS

 

None.

 

ADJOURNMENT

 

With no further business, Mayor Rocha adjourned the meeting at 11:00 P.M., to the next regular meeting on October 10, 2000. 

 

Respectfully Submitted:  L. JOLENE MARTIN, City Clerk