ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
April 27, 1999
Mayor Rocha called the meeting to order at 7:06 P.M., and City Clerk Martin called the roll.
Present: Council Members Freitas, Soliz, Davis, Sudario, and Mayor Rocha
On motion by Council Member Sudario, seconded by Council Member Soliz, the Council moved Proclamations before Public Comments. The motion was carried by the following vote:
AYES: Davis, Soliz, Sudario, Rocha
Loyalty Day, May 1, l999
Be Kind to Animals Week, May 2-8, l999
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously approved the Proclamations
Council Member Davis presented the Proclamation to Commander Norman Leva, proclaiming May 1, l999 as Loyalty Day. Mr. Leva thanked the Council for their support.
Council Member Davis presented the Proclamation to Rusty Cuave proclaiming May 2- 8. 1999 as Be Kind to Animals Week. Mr. Cuave announced the Friends of Animal Services, along with the Antioch Animal Shelter would be holding Pet Adopt-a-Thon scheduled for May 1 and 2, l999.
Council Member Soliz presented the Proclamation to Paula DeBoer and Debbie Hobin Proclaiming May 2-8, 1999 as California Charter Schools Week. They invited the public to a free public forum on the Future of Education, May 2, 1999 at 7:00 P.M. in the Council Chambers.
Council Member Freitas presented the Proclamation to City Clerk Martin, proclaiming May 2-8, 1999 as Municipal Clerks' Week. City Clerk Martin thanked the Council for the Proclamation.
Council Member Davis presented the Proclamation to Acting Chief of Police Moczulski, proclaiming May 7, l999 as Peace Officers= Memorial Day and May 9-15, 1999 as National Police Week. Acting Chief of Police Moczulski thanked the Council for recognizing all the officers who have lost their lives in the line of duty, he also thanked the Council for the Proclamation on behalf of the men and women of the Antioch Police Department.
Council Member Sudario presented the Proclamation to Leigh Maxwell, proclaiming April 1999 as Sexual Assault Awareness Month.
Norma Hernandez asked if the McBail project was going to be paying the annexation fees on FUA #2. City Attorney Galstan responded it was a requirement, and they would be paying the fee.
Jean Kuberra requested a list of the names of the 13 Planning Commission applicants, noting each Council Member may interview the applicants. She also inquired when the agenda for the joint meeting of the Antioch Unified School District and the City Council would be available, noting she had suggested the issue of violence and the need for counselors in schools be addressed at the meeting. She stated the Ledger had told her the MeasureAU@ issue would not be reported on again until the end of the meetings or until Council takes action on the issue. She addressed Items #3 and #6 on tonight=s Council agenda. She asked that all City flags be flown at half-mast on May 7, 1999 in honor our fallen officers.
Council Member Sudario requested Item #3 be broken up into three separate agenda items, to allow the public to speak on each section.
Larry Hellstrom discussed an incident that occurred on March 9, l999 on City property, after a City Council meeting, he requested a meeting with Mayor Rocha to discuss the incident.
Sandra Golightly read from Robert=s Rules of Order, regarding order and decency at Council meetings and asked Council to remember these laws when conducting tonight=s meeting.
Douglas Tokes discussed the soundwall being constructed on East Eighteenth Street, he noted the wall would be three feet tall, and felt the City should reconsider and make the wall four feet, to deter people from jumping over it. He also discussed a recent fire that occurred across the river, and noted this was an ongoing, almost weekly problem. He urged the City to approach Sacramento and Solano Counties and request they control the fires instead of allowing them to burn themselves out. Council Member Freitas requested staff gather information on the City=s legal rights regarding the fires.
Brian McCoy thanked the Board of Supervisors for their leadership on transitional housing for homeless families in this County. He noted there was currently a proposal before the County to locate a transitional housing/apartment complex site in Antioch. He asked Council to look favorably upon this proposal when presented.
Roger Henry, President of Association of Responsible Citizens (ARC), stated ARC was an organization determined to foster good government within the City of Antioch. He discussed some positive events taking place within the Historical Society. He also discussed what he felt were shameful actions taken by the Citizens for Democracy and the Hernandez faction. Council Member Sudario rebutted the remarks made by Mr. Henry regarding the Hernandez faction.
Mike Malody invited the Council and Public to participate in the National Day of Prayer at Golden Hills Church on Thursday May 6, l999 at 7:00 P.M.
Larry Howard felt agenda Item #3 should have been into broken into three separate items, to allow the public the opportunity to speak on each item. He further noted recent Supreme Court rulings have protected speakers at public podiums, allowing speakers to say just about anything they want without fear of legal retaliation, as the laws of libel and slander do not apply to the public podium. He noted it is the responsibility of the speaker to not slander others.
Barbara Sobalvarro, on behalf of the Delta Branch of the Music Teachers Association of California, announced theASpring Teachers Recital@ on Saturday May 1, 1999 at 7:30 P.M. at Los Medanos College. The recital would be featuring several local music teachers.
Andy Harris, superintendent of a local grading company currently working on several Antioch work sites, stated restrictive City legislation prohibits his workers from completing a full season during their seven-month work season. Antioch=s eight and one-half hour days have resulted in employees leaving to go to other contractors in cities where they are allowed to work overtime. He emphasized his workers need to work 10-hour days in order to make a living, and asked Council for their help on this issue. City Attorney Galstan stated staff could grant administrative variances, and urged Mr. Harris to talk to staff.
Reverend Ron Anderson stated Council has before them some of the toughest decisions they will ever make as City officials. He noted Council was responsible for the safety and well being of Antioch=s residents. He brought up the issue of the Renaissance Faire and urged the Council to not take the issue lightly.
Michael Flowers stated that if we all prayed, God would give us the right answers on the tough decisions before the Council.
Director of Community Development Ward presented the staff report dated April 20, l999, recommending City Council approve the proposed rezonings and General Plan interpretation, and adopt the Negative Declaration.
Mayor Rocha opened the public hearing.
With no speakers requesting to speak, Mayor Rocha closed the public hearing.
RESOLUTION NO. 99/47
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council: 1) approved the Negative Declaration as adequate; 2) introduced the Ordinance by title only; 3) introduced the Ordinance amending Title 9, Chapter 5, Article 3 of the Antioch Municipal Code (Zoning Map) to rezone property at 25, 35, 45, 101, 103, 105, and 107 20th Street and Parcel 10 directly to the south on Lane Way from "Convenience Commercial District (C-1)" to "Restricted Multiple Family Residential District (R-3/B-4)," and to rezone 104 and 106 20th Street from "Single Family Residential District (R-1)" to "Restricted Multiple Family Residential Combining District (Z-99-1)"; and 4) adopted the resolution finding the proposed land use consistent with the General Plan (GP-99-1). The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
1. PRESENTATION by Supervisor Canciamilla
City Manager Ramsey stated Supervisor Canciamilla was not able to stay to give his presentation, as he had another obligation, and would come back at a future date to give his presentation.
Administrative Analyst I, Paul Heller, presented the staff report dated April 20, l999, recommending City Council adopt the attached resolution approving PY 1999-2000 Action Plan and consider amendments for the Phoenix Programs and the Northern California Family Center.
Mayor Rocha asked if it would be possible to allocate $5,000 for the Contra Costa Child Care Council. Mr. Heller stated the funds could be re-allocated according to Council's desire.
Mayor Rocha opened the public hearing.
Nesbit Crutchfield, Director of Homeless and Housing for the Phoenix Program, discussed a proposed rehabilitation project for their Antioch facility. He noted that although their original $32,100 request for rehabilitation had been denied, they had amended their request and were asking Council to reconsider and grant them $8,500 for a covered patio project at their facility. He emphasized the importance of this project to the mentally disabled residents of the Phoenix Program.
Council Member Soliz explained the process and difficulty of determining which programs receive the limited funding available.
Jackie Gleason, Phoenix Programs, stated the benefit of the patio project was high enough that the Phoenix Programs had contacted Habitat for Humanity for help. Habitat for Humanity had agreed to construct the patio, if Phoenix Programs could provide the money for materials.
City Manager Ramsey noted the City had $876,000 to distribute to non-profit organizations this year. Requests for funding totaled $1,230,000, creating a shortfall of over $350,000.
Charee Lord, Executive Director of St. Vincent de Paul, asked Council to reconsider their proposal. She explained the request made by St. Vincent de Paul had been for rotating shelters for homeless families, and emphasized the importance of this project, as there were no other emergency shelters accepting families in this part of the county. She stated any funds the City could grant would be helpful.
Bette Johnson, volunteer for St. Vincent de Paul, stated they needed the money for families with children. She explained the funds would be used to help people get jobs, transport children to school and they would appreciate any help the City could give.
Allen Payton urged Council to reallocate the grants and include St. Vincent de Paul and the Phoenix Program.
Dennis Nead, Antioch Committee on Aging, asked Council to reconsider the allocations and grant more funds to both the Meals on Wheels Program and the Senior Outreach Services. He noted they no longer receive the private funding that had helped them out in the past. He explained Senior Outreach Services was a social services program that went into the homes of seniors who were "shut-ins" to check on their well-being. He noted $8,000 was granted for the Meals on Wheels program; the additional amount requested was to help keep the other Senior Outreach Services active.
Martin Guajardo asked Council to reconsider and grant the Phoenix Program some funds.
Sidney Baird, representing Family Stress Center, stated they have been recommended for a $5,000 grant to fund childcare and enrichment programs that serve Antioch residents. She thanked the Council for the ongoing support of their program.
Tom Fulton, Northern California Family Center, thanked Council for their funding recommendation.
Mayor Rocha closed the public hearing.
Council Member Sudario stated she would like to take $20,000 from economic development and give it to St. Vincent de Paul. Administrative Analyst I Heller, stated funds from economic development could not be used to fund social service programs. He further explained funds from another social service program would have to be reallocated to provide funds for St. Vincent de Paul. He did note, however, Council could use economic development funding to provide for the Phoenix program.
Council Member Soliz stated that he shares the frustration of the other Council Members in wanting to help more organizations, however, he noted the challenge is how to allocate the money properly without duplicating services.
Council Member Sudario stated she can understood the difficulty Soliz and Davis had in allocating funds, yet noted it was a shame St. Vincent de Paul did not receive any funding.
City Manager Ramsey stated that with Council's permission staff could make some effort to try and find some private partnership opportunity to help with the cost of building materials for the patio project for the Phoenix Program.
Council Member Freitas thanked Council Members Soliz and Davis and staff for their efforts. He suggested Contra Costa Child Care Council receive $5,000 from the Job Creative Incentive Program, and Phoenix Program be granted the $8,500 as a "place holder" and if the City could find some private partnership to donate building materials, the funds would go back to the Job Creation Incentive Program.
Director of Community Development Ward stated should Council desire to keep the Economic Development category whole, they could take the money from contingency.
RESOLUTION NO 99/48
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the recommendations as submitted by the Council Committee and staff, and reduced the contingency by $13,500 giving $5,000 to Contra Costa Child Care Council and $8,500 to the Phoenix Program.
Mayor Rocha declared a recess at 9:05 P.M., the meeting reconvened at 9:22 P.M. with all members present.
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES - April 13, l999 (Continue to 5/11/99)
APPROVAL OF COUNCIL WARRANTS
APPROVAL OF TREASURER'S REPORT
REJECTION OF CLAIMS
PREWETT PARK AND COMMUNITY CENTER CONCESSION CONTRACT WITH WESTERN SPORTS ENTERPRISES, INC.
COMPENSATION STUDY AND IMPLEMENTATION
- RESOLUTION 99/38 amending the City's policy to compensate employees at rates generally consistent with the middle of the labor market.
- RESOLUTION 99/39 approving compensation schedule consistent with the Compensation Policy.
- RESOLUTION 99/40 implementing the compensation plan, with an amendment to the language on Page 4 of the staff report, as suggested by the City Manager.
- RESOLUTION NO. 99/41 APPROVING TERMS OF SETTLEMENT FOR THE TREATMENT PLANT EMPLOYEES ASSOCIATION (UNIT III)
- RENTAL OF DELTA FAIR PROPERTY TO FORTRESS CHRISTIAN CENTER FOR ANNUAL TENT REVIVAL SERVICES
- RESOLUTION NO. 99/42 APPOINTING STANDBY MEMBERS FOR COUNCIL MEMBERS DAVIS AND FREITAS
- AUTHORIZE STAFF TO ADVERTISE FOR DESIGN REVIEW BOARD VACANCY (1 unexpired term)
- PURCHASE OF RIGHT-OF-WAY FOR EAST EIGHTEENTH STREET IMPROVEMENTS (Leo Fontana)
- RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CITY CLERK TO ADVERTISE FOR BIDS FOR LONE TREE PAVEMENT REHABILITATION (PW 555-9)
- RESOLUTION NO. 99/43 ACCEPTING WORK AND AUTHORIZING CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR FUEL TANK REPLACEMENT AT MAINTENANCE SERVICE CENTER (PW 143-P)
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously approved the Consent Calendar, with the exceptions of Items E, F, G, K, and L, which were removed for further discussion.
ITEM E Council Member Freitas stated he would like more information on this item, and suggested continuing this item until the next Council meeting.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously continued this item to May 11, l999.
ITEM F Assistant City Attorney/Personnel Director Yanie Chaumette presented the staff report dated April 22, l999, recommending that Council: a) adopt the resolution amending the City's policy to compensate employees at rates generally consistent with the middle of the labor market; b) adopt the resolution approving compensation schedule consistent with the Compensation Policy; and c) adopt the resolution implementing compensation plan.
Council Member Sudario stated this proposed 10-15% increase was in addition to the 11-20% salary increase employees received in 1997. Although she had recommended increases for certain employee units, she noted this increase was for all employees across the board. She stated this increase would cost the City an additional $790,000 per year, and expressed her concern the City was dipping deeply into the reserves. She further stated she couldn't support this item, as she was concerned these increases would affect the financial stability of the city.
Director of Financial Services Tasker stated the cost increase to the General Fund was approximately $90,000 for the implementation, the cost for the next two years would be approximately $150,000 and $90,000 respectively. He further stated that based on estimated revenues and expenses, the City would be able to cover the projected salary increases.
Jean Kuberra discussed what she felt was confusing language regarding the market placement of the salary increases as written in the recommended actions. She felt the language was inconsistent and did not clearly state what was actually happening.
Norma Hernandez discussed the 1997/98 contract signed with City employees which outlined annual increases the employees would receive based on the CPI. She stated that if the City was going to give increases in addition to what is stated in the contract, the General Fund would not be able to handle this debt. She expressed concern the City would pass a tax onto the people of Antioch to subsidize this decision. She further stated City employees were already given increases, and the City could not afford these additional increases because of the number of benefits the City already pays.
Larry Howard felt Council should hold budget workshops to investigate the finances of the City. He stated he does not begrudge people getting paid a decent wage, but does begrudge misuse of taxpayers money.
Council Member Freitas noted that in 1997 during mid-year budget reviews, Director of Financial Services Tasker went into detail regarding the financial situation of the City both presently and futuristically, and all of Mr. Tasker's estimates were extraordinarily conservative. He further noted these salary recommendations were based on Mr. Tasker's mid-year budget information.
City Manager Ramsey discussed the Shannon Study and explained how the Shannon recommendations would be implemented. He further stated the City had been experiencing a large employee turnover and when recruiting new employees, had found the City's compensation program was just not competitive enough to compete with other agencies. He noted Council adopted the policy determining the City would pay at the middle of the market. He then suggested a language change to the second paragraph on Page 4 of the staff report to read "That the City Manager is authorized to make specific adjustments outside of the above schedule on a case-by-case basis, while remaining in the salary setting guidelines in instances such as when it is in the best interest of the City to retain a critical function."
Mayor Rocha noted this item does not deal with merit pay. She further noted the City Manager, City Attorney and City Clerk were not included in this item, but they did have compensation adjustments that would need to be done.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council: a) adopted the resolution amending the City's policy to compensate employees at rates generally consistent with the middle of the labor market; b) adopted the resolution approving compensation schedule consistent with the Compensation Policy; and c) adopted the resolution implementing the compensation plan, with an amendment to the language on Page 4 of the staff report, as suggested by the City Manager. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
ITEM G On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously approved Consent Calendar Item G.
ITEM K Council Member Sudario stated she did not have a problem with the purchase of the right-of-way, but she did have a problem with Measure "C" monies being used to purchase the land. She noted Measure "C" money was not to be used for growth purposes, and felt the widening of the street was necessary due to development. She inquired if developers were paying into this roadway improvement, as required by the General Plan.
Public Works Director Brandt stated developers were not paying specifically into East Eighteenth Street. He noted Measure "C" funds could not be used to do an improvement required as a condition of approval on a development. However, this project was not a condition of approval for a development, it is a capacity increasing enhancement.
Council Member Sudario stated she would like to work with the City Attorney to put together a developer fee for existing roads in the community; have the item agendized and brought back to Council.
City Attorney Galstan responded to questions from Jean Kuberra, explaining this stretch of East Eighteenth Street is not part of a development, therefore it was not a condition of approval for any specific development. He also disclosed to her the purchase price of the land.
Norma Hernandez stated each time Council signs a developer agreement, they are stating the developer agreements are consistent with the General Plan regarding growth management. She noted growth management states Measure "C" and gasoline tax money could not be used for growth mitigation. Furthermore, Council was supposed to charge developers for all the existing roads impacted by new development. She urged Council to follow the General Plan, and require developers pay their fair share of mitigation.
Council Member Soliz explained this project met the criteria for using Measure "C" money. He emphasized this is not a growth issue, but an issue of whether or not the City wanted to improve East Eighteenth Street for the people who use it.
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council approved Consent Calendar Item K. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
ITEM L Council Member Sudario stated that if the work had been done properly, the City should not have to pay to have it redone. She felt the City Attorney should file a lawsuit against the engineer who originally did the work, and require them to repair it for free.
City Attorney Galstan stated should Council choose to continue this item for two weeks, he would research the issue.
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously continued this item to May 11, l999, at which time Council would be provided with the total cost of this expenditure, and whether or not the City planned on selling additional bonds to pay for the repairs.
COUNCIL COMMITTEE REPORTS
COUNCIL REGULAR AGENDA
RENAISSANCE PLEASURE FAIRE
CONSIDERATION OF APPLICATION DIRECTLY BY THE CITY COUNCIL WITHOUT PLANNING COMMISSION HEARING AND RECOMMENDATION
City Attorney Galstan presented the staff report dated April 15, l999, recommending Council not remove the application from the Planning Commission's jurisdiction.
SUBMITTAL OF RENAISSANCE FAIRE PROPOSAL TO A VOTE OF THE REGISTERED VOTERS OF THE CITY OF ANTIOCH
City Attorney Galstan presented the staff report dated April 15, l999, recommending Council direct staff as to their desired course of action.
- INCLUSION OF RENAISSANCE FAIRE MATERIAL ON CITY WEBSITE
City Manager Ramsey presented the staff report dated April 22, l999 recommending the reference to the Renaissance Faire on the City's web site remain as it currently appears.
Council Member Sudario stated she requested these issues be presented as separate agenda items, to allow the public to speak on each issue. Referring to Item 3-B, she wanted to clarify that she had never suggested bypassing the EIR, as she felt the EIR was the most important part of the project.
Dr. Matthew Campbell, Sutter Delta Hospital, stated he lives near the proposed site of the Renaissance Faire and expressed concern the traffic caused from the Faire on the weekends would make it difficult for him to get to the hospital. He also expressed concern for the possible increase in patients from out-of-towners needing medical treatment while attending the Faire.
Vicki Mahoney stated she was in favor of the Renaissance Faire coming to Antioch.
Kimber Dittmore noted his opposition to the Renaissance Faire coming to Antioch.
Andrew Hansen stated he was in favor of the Renaissance Faire coming to Antioch.
Devin Russel noted his opposition to the Renaissance Faire coming to Antioch.
Elizabeth Rimbault felt the Renaissance Faire should remain on the City's website, to provide people with accurate information. She also felt the Faire should not bypass the Planning Commission process.
Mayor Rocha declared a recess at 11:00 P.M., the meeting reconvened at 11:07 P.M. with all members present.
Gwen Watson felt the Faire should be heard by the Planning Commission, and avoid the unnecessary expense of putting the issue on the ballot.
Reverend Anderson, representing CARE, stated he is opposed to the Faire being advertised on the City's website. He also noted several members of the Council and Planning Commission have stated they were in favor of the Faire relocating to Antioch, which he felt abandoned the democratic process.
Jim Kyle felt this issue should not bypass the Planning Commission, noting it was an additional opportunity for public input.
Brent Shaw felt the Faire issue should be decided by a vote of the people.
William Nelson felt the issue should be heard by the Planning Commission, but also felt the issue should be voted on by the community. He stated the information on the Faire should remain on the City's website, and should include dates and time of any future meetings regarding the issue.
Sheryl Shaw felt the issue should go to a vote of the people.
Dennis Nead, Planning Commission Member, stated he was opposed to this issue bypassing the Planning Commission. He further noted he supported the Faire being on the City's website, and felt the decision should go to a vote of the people.
Curtis Corlew expressed his concern regarding the cost of putting the Faire issue on the ballot, and felt the Planning Commission and Council should make the decision. He also stated he was in favor of having the Faire information on the City's website.
Steve Benner stated he was in favor of the Planning Commission doing a full EIR on the project, and felt the issue should be placed on the ballot and allow the people to decide.
Greg Kurlinski felt the Faire should not bypass the Planning Commission, and felt having the Faire on the City's web site was a good source of information. He further stated he likes the idea of the issue going to a vote of the people, however, he expressed concern regarding the cost.
Jean Kuberra stated she was in favor of this issue going to the Planning Commission for as many meetings as necessary. She felt it was important to consider this issue going to a vote of the people, as she felt many members of the Council had already reached a decision. She commented that if this was the first time an applicant had appeared on the City;s website, it should not be the last.
Sara Hall-Cottrell stated she wanted the issue to go before the Planning Commission, and noted she was in favor of the Faire being on the City's website. She also expressed concern regarding the cost of placing the issue on the ballot.
Catherine King, Counsel for CARE, stated they were opposed to anything less than full due process of the Renaissance Faire=s application. She further stated they wanted a full-blown EIR; they also requested a Social Impact Report done simultaneously with the EIR. Regarding the web page, she noted that due to the lack of updated information, they were concerned misrepresentation might be occurring. She stated that if the City allowed the Faire to remain on the website, all information should be fully updated and maintained.
Michelle Afinsoff-Benna, spokesperson for CARE, stated they are in support of the project going through the full process, and not bypassing the Planning Commission. She further stated they would like a full EIR, a Social Impact Report, and a disclosure on the company who would be doing the report. She noted she is opposed to the link to the Renaissance Faire=s web page, but felt information on the Faire and this process should be updated. She further noted she is in favor of the issue going to a vote of the people.
Fran Vaughn stated he is opposed to taking this issue to a vote, but did feel it should go to the Planning Commission and then to the Council. He further stated he was in support of the Faire being on the City's website, as long as the information remains impartial.
Cary Dyer, Jr. stated that he is in support of the project going before the Planning Commission.
Walter Bartlett stated he was in support of the project going before the Planning Commission. He further stated he would hate to see the City spend a lot of money putting the issue on the ballot.
Pastor Gary Avila felt it was important for this issue go before the Planning Commission, and receive a full EIR.
Larry Howard stated the people wanted this issue to go to a vote of the people. He further stated there was a lot of mistrust out there.
Barbara Sobalvarro stated she was in favor of the issue going to the Planning Commission, and was opposed to the issue going to a vote. She further noted she was in favor of the Faire's information remaining on the City's website.
Mary Zbacnik stated she was opposed to the issue going before the Planning Commission. She felt the issue should be decided by the people.
Norma Hernandez stated she was opposed to the City's website providing any links to any company. She further stated she was opposed to the issue being heard by the Planning Commission.
Vicky Weathers Crandell stated she would like the issue to be decided by a vote of the people rather than going to the Planning Commission.
Darin O'Brien stated he was in favor of the issue going before the Planning Commission, so they could address the issue of traffic impacts. He further stated he was in favor of putting the matter to a vote.
Jim Conley, Member of the Planning Commission, felt the only information that should be on the City's website was information the City could control, and noted his opposition to any links to the Faire's web page. He felt bringing the matter to a vote of the people would not be good for people on either side of the issue. He further noted it is important for the project to go through the full due process and be heard by the Planning Commission.
Demetrius Wallace expressed concern regarding this issue going before the Planning Commission, as he felt that they were already in favor of the Faire. He felt it should be decided by the voters. He also noted his opposition to the City's website providing a link to the Faire's webpage.
Bob Martin, Member of the Planning Commission, noted his opposition to being accused of having already made a decision on this issue, noting he could not make a decision until he had received all the information. He stated he was in favor of the matter going to the Planning Commission, and urged people to come to the meetings and present their opinions. He noted he was not in favor of the matter going to a vote.
Ralph Hernandez noted his opposition to the City promoting the Faire on its website. He stated he was in favor of the matter being decided by a vote of the people, and felt the cost was well worth it. He further stated he was in favor of a full EIR, but not in favor of the issue being heard by the Planning Commission, as he felt the majority of the Commissioner's were already in favor of the Faire.
Danita Kurlinski did not wish to speak, but noted she was in favor of the issue going before the Planning Commission.
Laura Letkernan did not wish to speak, but noted she was in favor of letting the issue be decided by the voters.
Council Member Sudario felt this issue should bypass the Planning Commission, because in the past controversial matters have been left to the end of the meeting and the public was unable to stay and voice their opinions, or the issue was continued, causing the public movement to die. She felt these were tricks used by the Planning Commission to stop due process. She emphasized this Faire was going to effect people near every exit in the City, not just Dallas Ranch residents, and felt everyone should hear the issues at regularly-scheduled Council meetings.
Council Member Freitas stated he believes in due process, and noted he had confidence in the Planning Commission.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council agreed the application be directed to the Antioch Planning Commission. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
Council Member Freitas felt it was premature to consider submitting the Renaissance Faire to a vote of the people.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council tabled Item 3-B. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
Council Member Sudario stated there were no rules or regulations giving the City Manager full authority to decide what goes on the website. She felt the website policy should be decided by Council, and requested this issue be agendized.
On motion by Council Member Freitas, seconded by Council Member Soliz, Council moved the information remain on the website, with all information pertaining to the Renaissance Faire be on the City's website and be updated regularly. In addition, if staff is unable to update the information regularly, the information would be eliminated. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
RHL DEIGN GROUP FOR CHEVRON PRODUCTS COMPANY, APPEALS THE DECISION OF THE DESIGN REVIEW BOARD REQUIRING CERTAIN COLORS AND MATERIALS FOR THE PROPOSED CANOPY OF A RECENTLY APPROVED CHEVRON STATION REMODEL THAT INCLUDES A NEW MINI MART BUILDING, CANOPY, AND SIGN IMPROVEMENTS, LOCATED AT 3201 DELTA FAIR BOULEVARD (UP 98-30/A)
Community Development Deputy Director Carniglia presented the staff report dated April 27, l999, noting staff recommended the City Council uphold the applicant's appeal, and reverse the decision of the Design Review Board regarding the canopy.
Hovsep Demirjian, representing Chevron, presented a rendering of the proposed remodel of the station. He stated the plan with its design elements would improve the image of the corner and simultaneously identify it as a Chevron station. He noted surveys had been conducted confirming signs and consistent design elements were vital to consumer identification of a specific station.
Fred Stein, representing Chevron, discussed the proposed improvements and upgrades, noting the station would be something the City could be proud of. He stated they were concerned about the canopy, and noted the blue canopy differentiates Chevron from other stations.
Bernard Mosbacher, Chairperson of the Design Review Board, stated it was the feeling of the Design Review Board over the past few years, to keep gas station island canopies more in keeping with the architectural style of the surrounding facilities. He stated another reason the Board made the recommendations presented as conditions of approval was because in the past years, these structures have become a means of creating a sign for the companies, thus skirting local sign ordinances. He further noted the past few gas stations the Board has approved have been asked to remove or reduce their corporate colors on their canopy and create a finish more in keeping with the architecture of the surface building associated with the pumps. He stated the Design Review Board came up with a sketch that would be a compromise, however, the applicant stated they did not like the compromise as they felt it was not in keeping with their policy. He presented the Council with a sketch of the proposed compromise, noting the Board felt the compromise would be in keeping with what they would like to see on that corner and still allow Chevron to have their corporate colors on the canopy. He urged Council to uphold the Board's decision on this project.
Sandra Golightly, Vice-Chairperson of the Design Review Board, gave the background information on this project. She stated the reason the Board wanted the canopy to be designed as they approved it was because the Board required the canopy of the newly remodeled Exxon station on Somersville Road to be designed to match the colors and materials of the building. She emphasized the Board was doing its best to upgrade this corner, and this was part of the process to improve the appearance of this intersection.
Council Member Sudario felt far too many times we discourage economic development in the City of Antioch, based on minor details such as the color of a canopy. She stated the City needs to become more business friendly.
RESOLUTION NO. 99/44
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously upheld the applicant's appeal and reversed the decision of the Design Review Board regarding the canopy.
PROGRESS REPORT ON REHABILITATION OF TERRACE GLEN APARTMENTS
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously continued this item to the meeting of May 11, l999.
CABLE TELEVISION - RECONSIDERATION OF APPROVAL OF TRANSFER OF FRANCHISE WITH AMENDMENTS TO SENIOR CITIZENS DISCOUNT PROGRAM
City Attorney Galstan presented the staff report dated April 16, l999, recommending Council take no action and let the original decision on transfer and senior discounts remain in effect.
Dennis Nead, representing the Antioch Committee on Aging, stated he has filed a Brown Act Complaint on this item. He asked for sufficient time to present an opposing view on this item. He felt there would be impacts to the seniors Council was not made aware of when this item was originally presented to them in February, 1999. He further stated there was not proper noticing of the public, and many seniors wanted the opportunity to speak on the issue. He urged Council to reinstate the Franchise Agreement as it was written, and include the extensions with the senior rate discount.
City Attorney Galstan explained the pros and cons of the old Franchise Agreement versus the new compromise that was reached. He stated he felt the compromise had more advantages because it was an opportunity to get folks who were denied the rate an early reduction in their rates rather than having to wait the two to three years for the litigation to continue, plus it guaranteed them a refund.
Jean Kuberra discussed TCI's Lifeline Disability Discount Program and its eligibility requirements. She stated she would like an amendment to the proposed Agreement specifying the guidelines and income levels used to determine eligibility.
Council Member Sudario stated she would like to go back to the original Franchise Agreement without the compromise, as she felt in the long term, the old Agreement would be more beneficial to the seniors.
Council Member Freitas stated he was not in favor of going back to the old Agreement, but stated he would be in support of continuing the item to give the public a chance to speak.
Council Member Soliz pointed out the new compromise provided seniors with a 20% discount as opposed to the old Agreement which only provided a 15% discount. He also expressed his concern regarding the legal costs, and noted City Attorney Galstan pointed out the costs could be in the range of $25,000 - $100,000. He stated the new compromise Agreement may not be perfect, but he felt it provided the seniors with advantages that were not available under the old Franchise Agreement, such as immediate relief to the eligible seniors, and therefore he could not support this.
Council Member Sudario stated many Cities were protesting against TCI, and TCI had raised their rates with other cities as soon as they had entered into contractual agreements. She felt Council should hold this item over to the next Council meeting and place it as the first action item, in order to give the seniors a chance to speak. She also suggested putting some verbiage in the contract about raising the rates. She further noted other cities were forming a coalition against the company to stop them from raising the rates.
Mayor Rocha stated she was concerned about how long litigation could take.
Council Member Sudario's motion to come back with a resolution to go back to the original Agreement and make it the first action item was seconded by Council Member Davis. The motion failed by the following vote:
AYES: Davis, Sudario
NOES: Freitas, Soliz, Rocha
RESOLUTION ADOPTING THE GROWTH MANAGEMENT COMPLIANCE CHECKLIST FOR THE SALES TAX/TRANSPORTATION INITIATIVE (MEASURE "C")
Council Member Sudario commented that according to Page 33 of the General Plan, the City was not in compliance with Measure "C" and the Growth Management Program. She stated she would be breaking the law if she voted in support of this item.
RESOLUTION NO. 99/45
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council adopted the resolution finding the City of Antioch in compliance with the Growth Management requirements of Measure "C." The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
RESOLUTION ESTABLISHING CLASS SPECIFICATION AND SALARY FOR THE POSITION OF ASSISTANT TO THE CITY MANAGER
On motion by Council Member Freitas, seconded by Council Member Davis, the Council adopted the resolution establishing class specification and salary for the position of Assistant to the City Manager. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
LEGISLATION AND ADVOCACY
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously received and filed the report.
Mayor Rocha adjourned from City Council to the Antioch Development Agency.
AGENCY CONSENT CALENDAR
APPROVAL OF AGENCY MINUTES - April 13, l999 (Continued to 5/11/99)
APPROVAL OF AGENCY WARRANTS
On motion by Agency Member Soliz, seconded by Agency Member Davis, the Agency Members unanimously approved the Agency Consent Calendar.
AGENCY REGULAR AGENDA
EXCHANGE OF AGENCY PARCEL AT FIRST AND "I" STREETS FOR PARCEL AT SECOND AND "F" STREETS FOR DEVELOPMENT OF DOWNTOWN PROFESSIONAL OFFICE BUILDING
Agency Member Sudario stated she did not have any appraisals or reports in her packet on this item, and felt it was premature to vote on this item without knowing the value of the properties.
RESOLUTION NO. ADA-354
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency adopted the resolution approving the Property Exchange Agreement. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
Council Member Sudario rebutted statements made earlier by former Council Member Elizabeth Rimbault.
Council Member Davis stated he would like to see Council agendize the issue of streamlining the agendas. Mayor Rocha suggested Council Members provide the City Manager in writing, their ideas for streamlining future agendas.
Council Member Freitas felt Council Members should have the ability to discuss items prior to a motion being made. He requested this issue be discussed with the City Attorney and City Manager at the next meeting. Mayor Rocha agreed there were times Council Members needed to discuss issues prior to making a motion, however, she noted Council Members need to police themselves and not engage in lengthy discussions.
Council Member Freitas stated he represented the Council at Assemblyman Tom Torlakson's hearing the previous Thursday. He noted it was a long but beneficial process, and was hopeful it would help in acquiring future funding for Highway 4. He also noted he had participated in a "Principal for a Day Program" with the Antioch Unified School District, and had been the temporary Principal at Antioch Middle School. He felt it was an extraordinary experience, and encouraged other Council Members to participate, if given the opportunity.
Council Member Sudario stated a family member was going through a critical medical crisis, and she may be unable to attend some meetings scheduled outside of the regularly scheduled Council meetings.
With no further business, Mayor Rocha adjourned the meeting at 1:42 A.M., to the next scheduled City Council meeting on May 11, l999.
L. JOLENE MARTIN, City Clerk
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