ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
February 9, 1999
Pursuant to Government Code Section 54952.2, the City Council Agenda
for February 9,1999 was posted on the door of the City Council Chambers, Third and
"H" Streets on February 4, 1999.
1) CLOSED SESSION C CONFERENCE WITH LABOR NEGOTIATOR. Agency Negotiator. Yanie Chaumette, Director of Personnel/Assistant City Attorney. All Employee Organizations. (Shannon Study) This Closed Session is authorized by Government Code '54957.6.
2) CLOSED SESSIONC CONFERENCE WITH LABOR NEGOTIATOR. Agency Negotiator. Yanie Chaumette, Director of Personnel/Assistant City Attorney. Employee Organization: Antioch Police Officers Association. This Closed Session is authorized by Government Code '54957.6.
Mayor Rocha called the meeting to order at 7:00 P.M., and City Clerk Martin called the roll.
Present: Council Members Davis, Freitas, Sudario, and Mayor Rocha
Absent: Council Member Soliz
Mayor Rocha stated she did not have anything to report from the Closed Session.
Larry Howard stated he had consulted an attorney and was told that due to a recent court ruling there is no legal recourse when slander occurs from the members of the City Council and public speakers. He asked Mayor Rocha to be consistent with the result of the election and not to characterize his or anyone else=s remarks as discriminating or derogatory.
Greg Feere referenced an article in the"Trades" that monitored the church under construction on Deer Valley Road. He noted his discussion with Pastor Clark regarding his concern of the local impact of out of state and out of the area workers. He stated Pastor Clark assured him the workers in the encampment were members of his church and volunteers. He noted they had discussed the issues of out of area workers and had came away with an understanding of those issues. He then expressed concern for the recent approval of WalMart and the negative impacts to the City=s tax dollars.
Jean Kuberra stated the City Council minutes are prepared for the public to have an accurate, official, legal record of the public=s business. She stated City Clerk Martin should be accountable to the public as an elected official, and noted it was necessary the minutes be accurate, not whitewashed or edited. She then stated the public has the right to criticize the City Council.
Robert Belleci expressed his concern regarding the improvements to Highway 4 noting it is very discouraging. He requested Council to include Highway 4 congestion in the upcoming MeasureAU@ study sessions. He suggested a special tax be put in place, and noted he has talked to many people who are willing to pay a special tax for Highway 4 improvements.
Barbara Sobalvarro, on behalf of Friends of Animal Services, stated the New Year Open House and Adoption Day on January 30th was very successful, resulting in twelve adoptions. She thanked"Rick's on Second@ and "The Pantry@ for the food they donated for the event. She noted Channel 25 was there taping the event, which would be televised each Thursday at 7:00 P.M. through February, 1999. Ms. Sobalvarro thanked the City Council for their support and stated the City of Antioch has the full support of Friends of Animal Services.
Cary Dyer announced the Chamber=s Annual Trade Show on March 27th and its relocation to the Antioch Fairgrounds.
Norma Hernandez expressed her concern regarding growth and its impact on Highway 4. She stated the funds for Highway 4 improvements must come from growth, not from taxing citizens. She suggested diverting funds from the Delta Expressway to Highway 4, and noted she would fight any tax related to growth.
Joseph James presented the City Council with a proposal to participate in the effort outlined in a recent Contra Costa Times Ledger Dispatch article entitledAArea=s Top Issues: jobs and traffic.@
Ralph Hernandez, creator and host of the programAOf, By, and For the People,@ informed the Council and public that his program would be taking each growth issue facing the community and comparing what the new Council members are doing to resolve the issue versus what they promised in their campaigns. They would be creating a graph comparing residential units approved, new jobs created and compliance with Measure AU.@ He invited residents and City officials to contact him regarding any perceived errors.
Read Across America Days at Kimball Elementary School, March 1 - 5, 1999.
On motion by Council Member Freitas, seconded by Council Member Sudario, the Council Members present unanimously approved the Proclamation.
Council Member Davis presented the Proclamation proclaiming March 1 - 5, 1999 as Read Across America Days at Kimball Elementary School. Principal D=Amico accepted the proclamation on behalf of Kimball Elementary School and thanked the City Council. He invited the Council Members, City staff and anyone from the community to participate and set an example for the children. He presented the City Council with Lion pins to wear when they visit the school.
Mayor Rocha stated it was announced at the Mayor=s conference that any Mayor or Council Member who participated in the event should give their name to Julie Pierce in Clayton. Ms. Pierce would prepare a list of the participants in our area reading for children that day and forward the list to the President. Mayor Rocha noted she would like to participate by reading to the students.
Of funds by Piano Pupils of Barbara Sobalvarro to Benefit Animal Services
Sarina Stanley, speaking on behalf of the piano pupils of Barbara Sobalvarro, stated the students had a Valentine=s Day Celebration Concert on Sunday, February 7. She noted their musical event was a benefit for the Friends of Animal Services to show their strong support of the Antioch Animal Shelter. She presented their Valentine ALove Gift@ to Randy Cuave, President of Friends of Animal Services. Mr. Cuave thanked Sarina and the pupils of Barbara Sobalvarro for their donation and applauded their efforts.
COUNCIL CONSENT CALENDAR
APPROVAL OF MINUTES -- January 12 and 26, 1999
APPROVAL OF COUNCIL WARRANTS
- ORDINANCE 947-C-SCORDINANCE ADDING CHAPTER 7 TO TITLE OF THE ANTIOCH MUNICIPAL CODE, DEALING WITH INFORMAL BIDDING #601-01
- RESOLUTION NO. 99/9CAPPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CITY CLERK TO ADVERTISE FOR BIDS FOR CAVALLO ROAD SANITARY SEWER MAIN FROM EAST 14th STREET TO EAST 18th STREET (PW 83-S2)
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council present unanimously approved the Consent Calendar, with the exception of Item A, which was removed for further discussion.
ITEM A C Larry Howard asked that this item be continued to allow him time to review his comments in the minutes of January 12 and 26, 1999. Jean Kuberra filed a complaint pertaining to the November 24,1998 and January 12,1999 meetings. She stated she felt the minutes were a non-misrepresentation of unfair summaries. She requested a review and response to her complaint.
City Attorney Galstan stated that the minutes could be amended after they have been approved by the City Council. He noted City Manager Ramsey, working with City Clerk Martin, intends to bring to the Council recommendations for presenting the minutes in a different manner, eliminating some of the controversy.
Council Member Sudario stated she would have to abstain from the vote as she felt the minutes are very important to the City for litigation purposes and should not be rubber-stamped.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council approved the minutes of January 12 and 26, 1999. The motion was carried by the following vote:
AYES: Freitas, Davis, Rocha
COUNCIL REGULAR AGENDA
Noble Elcenko presented the City Council with a packet discussing the proposed improvements at Contra Loma Reservoir and the Multi-Purpose Pipeline Project. He added that in the spring there would be watershed walks along the new trails at Los Vaqueros Reservoir whose trail system would be opening in the fall of this year.
Council Member Davis stated that there was birthday cake to celebrate Council Members Soliz' and Freitas' birthdays during the recess.
Mayor Rocha declared a recess at 8:05 P.M., the meeting reconvened at 8:21 P.M. with all members present or excused.
Senior Planner Bendorff presented the staff report dated February 9, 1999. He reviewed the memo given to City Council from Community Development Staff regarding changes to Project Specific Conditions #62b and 64. The memo stated Project Specific Conditions #62b and #64 should read:
62.b That an access easement to Lone Tree Way from parcel #4 be provided along the common driveway between Parcels #2 & #3.
64. That retaining walls generally be limited to a height of three feet (3') or less, any exception shall be subject to staff approval. These walls shall be of a decorative material which is subject to staff approval.
Jeff Thayer with Davidon Homes stated they are in a contract to sell to the people that are going to operate the Rite Aid facility and the balance of the retail site. He noted they would be retaining 8.13 acres designated office/commercial and have no immediate plans for bringing forward an office/commercial component. He further noted they would be back with a Specific Plan and go through a use permit application for that project when it occurs. He requested Project Specific Condition #31 of the parcel map apply only to the commercial property along Lone Tree Way.
Kirk Smith with Retail Site Specialists, stated he develops and relocates stores for Rite Aid. He presented the City Council with information regarding Rite Aid=s changes that would make them more competitive. He stated that what Rite Aid is doing for the future is positioning their company to take advantage of their one true advantage which is convenience. He noted the occupant of the additional pad has not been determined and they would return for a use permit for that pad when an occupant was confirmed.
Larry Howard stated he is in favor of this proposal stating it is a much better use of this parcel and it was refreshing to see prime commercial land used for commercial use.
Council Member Freitas noted that the Council had just decreased 120 residential units for the City of Antioch.
RESOLUTION NOS. 99/11, 99/12, 99/13, and 99/14
On motion by Council Member Freitas, seconded by Council Member Sudario, the Council Members present unanimously adopted the corrected resolutions: 1) Motion to adopt the Mitigated Negative Declaration as being adequate (ND-98-19); 2) Motion to adopt the resolution amending the Southeast Antioch Specific Plan for the vicinity of the southwesterly corner of Lone Tree Way and Dallas Ranch Road; 3) Motion to introduce the Ordinance by title only; 4) Motion the introduce the Ordinance amending Title 9, Chapter 5, Article 3 of the Antioch Municipal Code (Zoning Map) for the vicinity of the southeasterly corner of Lone Tree Way and Dallas Ranch Road; 5) Motion to adopt the resolution approving a Final Development Plan for the vicinity of the southeasterly corner of Lone Tree Way and Dallas Ranch Road; 6) Motion to adopt the resolution approving a Use Permit to allow the construction and operation of an approximately 16,708 square foot pharmacy/drug store/general merchandise facility (Rite Aid) on property located on the southeasterly corner of Lone Tree Way and Dallas Ranch Road, and; 7) Motion to adopt the resolution approving a parcel map for the vicinity of the southeasterly corner of Lone Tree Way and Dallas Ranch Road.
MC BAIL COMPANY/SAND CREEK DEVELOPMENT AGREEMENT
On motion by Council Member Davis, seconded by Council Member Freitas, the Council Members present unanimously continued this item to the next scheduled meeting of February 16,1999.
COUNCIL COMMITTEE REPORTS:
Council Member Sudario stated she and Council Member Soliz had worked with City Attorney Galstan and City Manager Ramsey on performance evaluation criteria for April performance evaluations and the final drafts would be coming before the City Council soon.
Council Member Freitas stated with regards to transportation issues and a lot of the articles that have been appearing in the newspapers on the Highway 4 improvements, there will be a Council presentation on February 23 by the Contra Costa Transportation authority. He noted this was an opportunity for the community to understand some of the information and suggested anyone with concerns attend and participate in this meeting. He thanked the Association of Responsible Citizens (ARC) for the outstanding information presented at their February 8 meeting on transportation.
Community Development Director Ward presented the staff report dated February 9, 1999. Staff recommended City Council approve an extension to the vesting tentative map for a 16 unit single family subdivision on property located at the southwesterly corner of Seventh and AI@ Streets.
In response to Council Member Sudario Community Development Director Ward noted the funds are set aside funds from the Agency and can be used outside the project area itself. This project lies outside the project area and would generate General Fund revenue, not Agency revenue. He further noted the City does receive revenue as it would on any other existing parcel within the City itself.
Council Member Freitas expressed concern regarding Project Specific Condition #7 regarding the 12-month limit to apply the Municipal Services Fee on this project. City Attorney Galstan stated there is no legal reason this project has to have a 12-month limit for the Municipal Services Fee. Council Member Freitas urged the Council to not set any time limit should this project move forward.
Council Member Sudario stated the staff report states the tentative map can be extended for up to five years, however the Ordinance within the City states tentative maps should only be extended for up to one year. She asked staff why the City would grant a five-year extension locking them into this type of agreement. Community Development Director Ward noted the intent is to provide time to be consistent with the Final Development Plan. Public Works Director Brandt added the Subdivision Map Act was revised from the one-year extension to a five-year extension and the local Ordinance has not been amended due to the City being short on staff. Council Member Freitas agreed with Council Member Sudario noting the state law supercedes the local law giving the Council the authority to extend from zero to five years.
City Attorney Galstan noted that this is a difficult project with topography issues and attracting a developer to build might be difficult. He added the Agency has a substantial investment in the area and staff's position is to give this project every chance for success with a five-year extension. He further noted the City Council could provide in their motion language to allow the applicant to reapply for an extension.
Mayor Rocha provided the background on this area noting this is an area that would provide affordable entry-level homes.
Jean Kuberra asked if this project would be in the Mello Roos 89 or 99. She then stated it was nice to have an in-fill of this quality. She expressed concern that these homes will not qualify as entry level low-income housing for residents of Antioch. She suggested that Council Member Davis possibly might have a conflict of interest on this item due to his employment with Bank of the West. Ms. Kuberra then questioned whether or not these houses qualified as "affordable."
In response to Norma Hernandez' question, Community Development Director Ward acknowledged this item was on the previous February's agenda and had been acquired by Block Grant Funds.
Council Member Sudario noted that even though this is a infill project it effects the City's services and more development can be denied. She added she believes this project goes against the Municipal Code for one-year extensions of tentative maps.
Council Member Freitas stated the City has made an investment on this vacant lot and adding these homes will increase the value of the area and meets affordable housing criteria.
Council Member Sudario stated she had requested from staff a definition of affordable housing for Antioch. She added she believes that within the City of Antioch we have the required 20% affordable housing for the citizens.
Community Development Director Ward stated he had previously provided reports of what constitutes affordable housing and they will be getting new affordable housing figures.
RESOLUTION NO. 99/10
On motion by Council Member Freitas, seconded by Council Member Davis, the Council adopted the resolution approving an extension to the vesting tentative map for three years with Project Specific Condition #7 amended to read:
7. That the project be subject to the Municipal Services Fee currently being considered by the City. That no use permit shall be issued unless the Developer posts security (bond, letter of credit or comparable form of security) adequately securing the full payment of the estimated or adopted amount of the Municipal Services Fee for each of the units for which the Developer is seeking the issuance of use permits by City.
The motion carried the following vote:
AYES: Davis, Freitas, Rocha
City Attorney Galstan reviewed the staff report dated February 4,1999. He stated there is a local issue regarding Senior Citizen reductions and reduced rates and noted he and the applicant request this item to be continued to February 16th to work out the issue of the senior rates.
Council Member Freitas requested that when the Attorneys talk about this, they address the issue of interest and how it would be tied into this item.
On motion by Council Member Sudario, seconded by Council Member Freitas the Council Members present unanimously continued this item to the next regular meeting of February 16, 1999.
DISCUSSION OF MUNICIPAL SERVICES FEE
Deputy Director of Community Development Carniglia presented the staff report dated February 4,1999. Staff recommended a motion to receive staff report and include this matter as part of the community meetings on Measure "U" implementation. He stated the 12-month condition added to previous agreements was to deal with the openendedness of the fee, to allow the developer to work the amounts into their Performa, and to be fair. He noted there are standards in their Growth Management Element related to policing and the City established those standards on residential population. He stated these fees are aimed at services, not infrastructure.
Council Member Sudario suggested the City work on the municipal fee immediately, separate from MeasureAU@ implementation.
Council Member Freitas stated he felt there needed to be a legal nexus for this fee and the City should revisit the criteria being used. He stated he would support a one-time fee.
Ralph Hernandez stated he felt the City should favor the larger one-time investment amount. He felt the amount projected is too low and the report is outdated. He further noted this fee should be ongoing with no limit to address increases in services.
Terry Ramos stated he felt it is extremely important that the fee paid should be transparent to the homeowner and the right fee is in place to cover the long term.
Thomas McNell commended the Council and City staff for coming forward with this Municipal Services Fee to address the deficit that has been occurring. He stated the public supports this fee and he supports a one-time investment fee.
Jean Kuberra stated she appreciated Council Member Freitas' guidelines. She noted a ten-year limit does not make sense in a changing environment. She suggested an annual or bi-annual review so the City would not be locked into a fee that does not address the problems.
Norma Hernandez stated City Attorney Galstan was suppose to check out the police fee with the court prior to any new development coming into the City and she would like that done before we impose a Municipal Services Fee. She noted she would like all new development stopped until the fee is developed. She further noted businesses should be involved in this fee and it should be reviewed annually for cost-of-living increases.
City Attorney Galstan stated that once the Council adopts the Ordinance the City would go into court to file a validation action. He supports Council Members Freitas and Sudario stating this fee should proceed independently of the measure "U" studies and urged the Council to instruct staff to bring this item back independently.
Council Member Freitas suggested all future projects presented to the Council regarding this fee be open-ended with no time limit to establish this fee and include it in any development. Council Member Sudario requested staff include inflation based on salaries and benefits, police services added for commercial and retail, and revisit the ABAG projections for residents per home.
On motion by Council Member Freitas, seconded by Council Member Sudario the Council Members present unanimously received this item with the stipulation this item should be fast-tracked, looking at all criteria.
Public Works Director Brandt presented the staff report dated February 2,1999. Staff recommended City Council deny the request of Raymond Shepard/Ace Hardware to allow installation of a directional sign for Ace Hardware within the public right-of-way and direct staff to consider the appropriateness of "business specific" signage within the public right-of-way as part of the next review of the sign ordinance.
Council Member Sudario suggested business district directional signs to promote business and solve the problem of individual business signs.
Raymond Shepard expressed concern that as an Antioch businessman he is anxious to get the sign installed to promote local business. He stated signage is important and Ace Hardware would incur all the costs of the sign. He asked the City Council to vote yes for the small business and venture out to help the store to stay afloat.
Norma Hernandez stated there are many people complaining about Antioch's sign ordinance and she felt Antioch is too strict and suggested the sign ordinance be reviewed and studied further to promote local businesses.
Jean Kuberra stated signage is important for businesses to be able to advertise and noted she supports Council Member Sudario's suggestion of business district signs. She expressed concern for the turn sign just before Tregallas Road pointing traffic in the wrong direction.
City Attorney Galstan stated we do want to create a business-friendly atmosphere in Antioch. He stated store signs being gathered together is a good idea but would require an Ordinance amendment. He suggested the possibility of a study program for the feasibility of a business district sign.
Council Member Freitas stated this is an important issue for the City of Antioch. He noted the City needs to be very careful and act responsibly for equitability and fairness. He further noted the parameters need to be set by the Community Development Department, Planning Commission and City Council. He suggested Mr. Shepard and other interested parties actively participate to look at the options; adding he felt too many signs could negatively effect the quality of life in Antioch.
Council Member Davis stated he felt Antioch does not need sign clutter from individual business signs. He supports the business and business district signage, but felt that if the City allowed Ace Hardware to put up a sign, where would the City stop?
Council Member Sudario stated businesses have the right to market their business. She noted we need to generate sales tax for the City and support businesses that have a vested interest in this community. She added she felt this is not a quality of life issue.
On motion by Council Member Freitas, seconded by Council Member Davis the City Council denied the request and directed staff to consider the appropriateness of "business specific" signage within the public right-of-way as part of the next review of the Sign Ordinance as soon as possible by the following vote:
AYES: Freitas, Davis, Rocha
LEGISLATION AND ADVOCACY #701-04
Council Member Freitas stated he would like the City Council to support SB10 regarding local streets and highways.
Jean Kuberra stated she was concerned about Assemblyman Rainey's position on taxing libraries.
Council Member Freitas, seconded by Council Member Davis the Council voted to receive and file the report.
Mayor Rocha adjourned to the Antioch Development Agency.
Present: Agency Members Freitas, Davis, Sudario, and
Absent: Agency Member Soliz
A. APPROVAL OF AGENCY MINUTES
B. APPROVAL OF AGENCY WARRANTS
On motion by Agency Member Sudario, seconded by Agency Member Freitas, the Agency present unanimously approved the Consent Calendar.
Mayor Rocha stated this last weekend there was a Crime Prevention/Emergency Preparedness Faire at County East Mall that was well attended by the community. She added she would like Council to show its appreciate to all the volunteers in the near future.
Mayor Rocha announced the "One Stop Shop Center East Bay Work Career" is open at 218 "I" Street.
Mayor Rocha stated she had an after-school workshop for neighborhood safety and the City of Antioch would be working with the School District on a proposal for after-school care.
City Attorney Galstan noted the City Manager requested the closed sessions on February 16,1999 be rescheduled to 6:00 P.M.
Council Member Freitas announced the meeting with the School Board had been rescheduled to March 21,1999 and stated anyone with concerns should attend.
With no further business, Mayor Rocha adjourned the meeting at 10:15 P.M. to the next Adjourned Regular City Council Meeting on February 16, l999.
L. JOLENE MARTIN, City Clerk
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