ANTIOCH DEVELOPMENT AGENCY
June 8, 1999
Pursuant to Government Code Section'54952.2, the City Council agenda for June 8, 1999 was posted on the door of the City Council Chambers, Third and AH@ Streets on June 3, 1999.
Mayor Rocha called the meeting to order at 6:30 P.M.; Assistant City Attorney Chaumette called the roll.
Present: Council Members Freitas, Soliz, Sudario and Mayor Rocha
Absent: Council Member Davis (arrived at 6:40 P.M. )
There were no public comments for the Closed Session.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: That vacant City-owned property located southerly of Delta Fair Boulevard, westerly of the County Social Services Building, APN 074-080-032.
Negotiating Parties: Owner - City of Antioch; Potential Buyer - Contra Costa County.
Under Negotiation: The instruction to negotiator will concern price of the property. This Closed Session is authorized by Government Code '54956.8.
Mayor Rocha called the meeting to order at 7:00 P.M.; City Clerk Martin called the roll.
Present: Council Members Freitas, Soliz, Davis, Sudario, and Mayor Rocha
Affordable Housing Week, June 6-12, l999
Flag Day, June 14, l999
On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously approved the Proclamations.
Council Member Davis presented the Proclamation proclaiming June 6-12, l999 as Affordable Housing Week. Mr. Merlin Wedepohl, Executive Director of Shelter, Inc., accepted the Proclamation on behalf of Shelter, Inc. and thanked the Council for their support in helping to provide affordable housing for the community.
Council Member Sudario presented the Proclamation proclaiming June 14, l999 as Flag Day. Joe Marks accepted the Proclamation on behalf of the Elks Club and noted he was hurt more people do not display flags.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Rick Carraher, representing the Antioch Rivertown Business Association, announced the 4th of July Celebration, which would be presented by the Antioch Rivertown Business Association in partnership with the City of Antioch. He gave an overview of the events scheduled for the day, and encouraged the public to attend the celebration and enjoy the historic downtown area.
Jack Campbell, Veteran of WWII, stated he had attended Memorial Day services at the cemetery, and commented he was very disappointed the City was not represented by either Council Members or a City representative. He stated the services are to honor those people who have died for our Country, and felt someone representing the City should have attended.
Joyce Baker reported on the deteriorating condition of the open space and jogging path in her neighborhood along Country Hills Drive. She stated the path was once a pleasing addition, but now is an eyesore with an abundance of dead plants, weeds, broken glass and garbage. She urged the Council to do whatever it takes to provide an adequate number of staff to ensure an appropriate level of maintenance in the open spaces.
Jean Kuberra voiced her disapproval of the application process used to select Planning Commissioners. She noted her opposition to the secret interviews conducted by the Mayor, two staff members and the Vice-Chair of the Planning Commission, excluding the public and the other Council Members. She felt all aspects of the public=s business should be conducted in public.
Randy Cuave, President of The Friends of Animal Services, stated Friends of Animal Services were now members of a County-wide, no-kill movement calledAThe Pet Rescue Project@ whose goal is to end the killing of adoptable animals at local shelters. He noted this partnership will consist of two parts, adopting more animals plus a comprehensive spay/neutering campaign.
Kirsten Kross, Contra Costa Central Labor Council, felt there were quality candidates for future leadership who are not being considered because of vicious politics in Antioch. She stated the Central Labor Council along with the Antioch Labor to Labor Committee would continue to work to find good candidates for positions of leadership on Antioch=s various boards and commissions.
Paris Piche, owner of Sno-White Drive In, gave an update of the "A & E Club." He felt the Club had been quite successful and thanked businesses who had recently entered the program.
Elvin Scott stated he has begun an organization to protect all pensions. He noted he would begin several class-action suits regarding pension fraud to show what some unscrupulous people have done to rob people of their pensions. He stated his organization would help all people, union or non-union, regardless of where they live.
COUNCIL REGULAR AGENDA
Supervisor Canciamilla gave a mid-year review of the activities occurring at the County level, as well as projects that would impact Antioch. He reported on projects such as the adoption of a Right-to-Farm Ordinance and the expansion of the Code Enforcement Program for District 5 which had been put on hold, but were now being undertaken by the County. He also noted the County had begun comprehensive revamping of the conduct of the County business including restructuring the agenda, shortening the meetings and expanding the level of public participation in a number of areas. He further stated the County would do a three-day budget review which would include annual performance reports for departments previously done sporadically throughout the year. He urged the Council to share their concerns with him in advance of the upcoming meeting, and stated the City would receive a copy of the County's proposed budget.
Supervisor Canciamilla reported on current projects occurring at the County level such as: the leasing of the old Riverview School to the Antioch Historical Society; the development of a transitional housing facility for East County; the construction of Fire Station #87 in Pittsburg; the rehabilitation and remodeling of the old Los Medanos Hospital slated to become a new County-run clinic for East County families; the transition of Oakley into a City; and the efforts of updating the County's Animal Services Program, including a five-year plan to become a No-Kill County for adoptable pets.
Supervisor Canciamilla also discussed the development of the Urban Limit Line, and presented the Council with the Contra Costa County Urban Limit Line Review Study. He noted there would be workshops dealing with this issue on Thursday, June 17, l999 in Byron and on Monday July 12, l999 in Pittsburg.
Project Management Analyst Bill Gegg presented the staff report dated June 1, l999, outlining the City's position internally and externally for Y2K preparedness.
Information Services Director Pavlicek discussed issues relating to hardware and software as related to dispatching and emergency services and the testing of these services. He outlined for the Council where each department stands in compliance, noting the City would not be in compliance until the third quarter. He then outlined the status of outside agencies' public works' systems and their preparedness for Y2K.
In response to questions from Council Member Sudario, he gave an update on the police dispatch system and their Y2K compliance efforts.
Public Works Director Brandt gave a report on the status of the water systems, noting the water supply and water treatment systems are archaic, and all have manual override. He further stated our reservoirs have a ten-day water supply capacity in the event PG&E has problems. He further stated per discussions with Delta Diablo Sanitation, that they are Y2K compliant, with the exception of their phone lines which were expected to be in compliance within the next few months.
Mayor Rocha stated this was just the beginning of the information dealing with Y2K preparedness, and noted there would be Y2K Workshops held for the public in July and August.
Council Member Freitas requested an item be placed on the agenda for the last meeting in September, detailing the City's compliance position and vulnerabilities regarding exposure and the costs of coming into compliance.
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously received and filed the report, with staff coming back with an update in the third quarter of the year, to detail the City's position regarding Y2K compliance.
Mayor Rocha announced a Public Health Faire would take place at the Los Medanos College on Sunday, June 13, l999.
Mayor Rocha declared a recess at 8:10 P.M.The meeting was reconvened at 8:20 P.M. with all members present.
DISTRIBUTION OF DRAFT 1999/2000 BUDGET, DRAFT MASTER FEE SCHEDULE, AND DRAFT CAPITAL IMPROVEMENT PROGRAM (CIP) WITH EXPLANATION OF TERMS FOR EACH
City Manager Ramsey noted that over the past two years, staff had been trying to simplify the Budget, making it easier to use and more understandable. He stated there would be a detailed Budget presentation at the June 15, l999 Council meeting, and asked Council to hold their questions and comments relating to details of the Budget until that time.
Financial Services Director Tasker presented a brief overview of the Draft 1999/2000 Budget and Draft Master Fee Schedule.
Council Member Freitas requested staff include an explanation of the process for Transfers In and Out when discussing that portion of the Budget.
Public Works Director Brandt gave a brief overview of the Draft Capital Improvement Program (CIP) along with an explanation of terms.
Council Member Sudario requested traffic counts and levels of service for the proposed roadway improvements, also for those not proposed. She also requested Financial Services Director Tasker to provide a Budget breakdown and a list of projects completed at Prewett Park.
On Motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously voted to receive and file the report.
Mayor Rocha thanked all the applicants for taking the time to apply and be interviewed. She asked for the approval of her nomination of Mr. Reggie Moore to fill the one 4-year term on the Antioch Planning Commission.
Jean Kuberra reaffirmed her opposition to the selection process used for appointing citizens to the Planning Commission. She felt the interviews should be conducted publicly at a Council meeting. She further stated Mayor Pro Tem Davis, when serving in the absence of the Mayor at the last meeting, should have nominated one of the other 11 applicants when the Mayo'=s nominee, Helen Delgado, did not receive a majority vote.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council appointed Mr. Reginald Moore to a 4-year term on the Antioch Planning Commission. The motion was carried by the following vote:
AYES: Freitas, Davis, Rocha
APPOINTMENTS TO THE BOARD OF ADMINISTRATIVE APPEALS (THREE VACANCIES)
Mayor Rocha nominated Gary Ogg and Vincent Manual to the Board of Administrative Appeals, and Marjorie Cornell as the alternate.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council appointed Gary Ogg and Vincent Manual to the Board of Administrative Appeals, and Marjorie Cornell as the alternate. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
APPOINTMENTS TO POLICE COMMISSION (FIVE VACANCIES) (4-YEAR TERMS)
Mayor Rocha nominated Alex Alvarez, Robert Miller, Joe Olenchalk, Bart Sandborn and Tony Suggs to fill the five vacancies on the Police Commission.
Council Members Sudario and Freitas noted Joe Olenchalk was currently running for the School Board, and if he were to win, it may be illegal for him to serve concurrently on the Police Commission. Mayor Rocha stated that due to Council's concern, she would like to hold the nomination of Joe Olenchalk to the next Council meeting.
On motion by Council Member Freitas, seconded by Council Member Davis, the Council appointed Alex Alvarez, Bart Sandborn, and Tony Suggs each to a 4-year term to run from July 1999 through June 2003, leaving the term that expires in April of 2000 open. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
On motion by Council Member Soliz, seconded by Council Member Davis, the Council appointed Robert Miller to a 4-year term on the Police Commission to run from July 1999 through June 2003. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
RESOLUTION APPROVING CONSOLIDATED ENGINEER'S REPORT AND DECLARING INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE HILLCREST, CITY-WIDE, DOWNTOWN, ALMONDRIDGE, AND LONE TREE LANDSCAPE MAINTENANCE DISTRICTS, AND SETTING PUBLIC HEARING (PW 500)
Public Works Director Brandt presented the staff report dated June 8, l999, recommending the City Council adopt the attached resolution approving the Engineer's report and setting the date for the Public Hearing to July 27, l999.RESOLUTION NO. 99/63
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously adopted the resolution approving the Engineer's report and setting the date for the Public Hearing to July 27, l999.
DISCUSSION OF GENERAL PLAN REQUIREMENTS AND CONSIDERATION OF A FEE ON NEW DEVELOPMENT, FOR CONSTRUCTION OR IMPROVEMENT OF ARTERIAL ROADWAYS
Public Works Director Brandt presented the staff report dated June 1, l999, recommending City Council direct staff to continue to pursue the current policy of requiring new development to construct local, collector, and arterial roadways within their development and to contribute to benefit and assessment districts for specifically identified improvements that would serve those developments, but are outside of their project limits.
Council Member Sudario stated she had requested this item be agendized because of her concern that the General Plan was not being followed, and she felt the Five-Year Capital Improvement Program should include developer fees. She stated developers had not put one dime into the City's arterial road systems, and refuse to pay into our existing road systems.
Director of Public Works Brandt stated staff was currently working under Council's prior direction, on a fee for maintenance for arterial roads. He stated his understanding of Council Member Sudario's request was for construction, widening or enhancement of arterial roads that were identified by the General Plan.
Council Member Freitas felt Council Member Sudario's direction was unclear and redundant, as Council had already directed staff to make a recommendation for an arterial road maintenance fee.
City Manager Ramsey stated he was in agreement that the direction was redundant in terms of what staff was currently working on. He noted that with Council's permission, staff was waiting for some information being produced by the County which could be used by the City, so as not to duplicate the cost of an analysis. Public Works Director Brandt stated it would be approximately three months before the work on the analysis would be completed.
Motion by Council Member Sudario, seconded by Council Member Soliz, directed staff to come back to Council with a recommendation for a fee for existing arterial road maintenance failed by the following vote:
AYES: Soliz, SudarioMayor Rocha declared a recess at 9:10 P.M. The meeting was reconvened at 9:18 P.M. with all members present.
NOES: Freitas, Davis, Rocha
URGENCY ORDINANCE PROHIBITING FAST FOOD RESTAURANTS DURING INTERIM STUDY PERIOD
Community Development Director Ward presented the staff report dated June 3, l999, recommending the City Council direct staff as to its desired course of action based on the various alternatives identified in the "Options" section of the staff report. He noted should Council decide to place a moratorium on Fast Food Restaurants, the moratorium would not apply to the two fast food restaurants with existing entitlements under the Master Use Permit.
Jean Kuberra felt this item was a non-issue, and stated fast food franchises were "inexpensive relief havens" for families. She did note there were a lot of fast food restaurants, and felt Antioch did need better restaurants, but didn't feel fast food establishments presented competition with sit-down restaurants. She commented Antioch was supposed to be a free enterprise zone, where businesses were to feel welcome.
Lux Taylor, representing Potter Taylor & Company, noted they were the retail phase of the Williamson Ranch Center, and have spent a considerable amount of time and money securing the entitlements for their project, which included a fast food restaurant. He stated the fast food restaurant is a small but important part of their project, and they hoped to begin construction within the next couple of months. He asked Council to allow them to complete their project.
Judy Davidoff, attorney for Potter, Taylor & Company, stated she was reassured they would be allowed to move forward with their fast food restaurant, as the entitlements had been approved. Although their project would be moving forward, she felt there were less drastic means available to address the issue of an over abundance of fast food restaurants than an Urgency Ordinance.
Thomas Rocca, representing AMB-BTS, noted they had a fast food restaurant project with permits scheduled to be built in Antioch. He felt the Ordinance was unnecessary and thought there were less drastic measures that would address the concerns of Council. He further commented that the additional bureaucracy this Ordinance would impose, was unfair to developers.
Chuck Shaw, representing Jack In The Box, stated they had presented a proposal for the Williamson Ranch Project and felt his colleagues had addressed Council's concerns. He stated an Urgency Ordinance to keep fast food out of Antioch was not going to bring more sit-down restaurants. He urged Council to work with fast food restaurant developers to develop guidelines.
Sharon Baker voiced her opposition to the Ordinance, noting she and her family enjoyed fast food restaurants. She further noted fast food restaurants provide jobs for our youth and the elderly. She felt there were not enough fast food restaurants in Antioch, and people liked the convenience of these establishments.
Arne Simonsen stated he was opposed to the Ordinance, and noted these establishments produce a significant amount of sales tax revenue to the City. He felt this Ordinance sent a negative message to the business community, and urged Council to table this item.
James Kyle did not feel this was an matter of urgency. He felt the Planning Commission and Design Review Board could manage the issue of a concentration of one type of business in any one area. He noted fast food establishments and sit-down restaurants could co-exist in the same community, and felt it made no sense to legislate business. He urged Council to table this item.
Cary Dyer, Antioch Chamber of Commerce, felt this Ordinance was a bad move, and we should be more encouraging to businesses interested in coming to Antioch.
Council Member Freitas stated he was not opposed to fast food, yet he felt the City Council had a responsibility to look at how the City was growing and to try and determine if there were too many fast food establishments concentrated in one area. He stated he was concerned about the image it projects, and did not want Antioch to be known as the fast food center of Contra Costa County. He felt it was important to promote and establish a mindset of having balance and diversity. He further stated he was concerned we were going to have nine or ten fast food restaurants on prime commercial retail land in southeast Antioch. He suggested Council appoint two members from City Council, three members from Planning Commission and representatives from the business community to work together for a 60-90 day period of time, examine the issues and options, and report back to Council with a recommendation. He felt this was a more common sense approach.
Council Member Soliz stated during the past few months, the City had taken steps that were very "anti-business" in nature, and felt this Ordinance would be another nail in the coffin. He felt the current procedures, involving the Planning Commission reviewing applications on a case-by-case basis was adequate. He stated the Council should be very cautious and judicious about legislative action, and noted this Ordinance could be misinterpreted by the business community.
On motion by Council Member Soliz, seconded by Council Member Sudario, the Council tabled this item. The motion was carried by the following vote:
AYES: Soliz, Davis, Sudario, Rocha
RESOLUTION AUTHORIZING MAYOR TO SIGN ACCOMMODATION AGREEMENT FOR APN 072-011-053, SKYLINE CREST ENTERPRISES, LLC. (SANITARY SEWER LATERAL, CYPRESS MEADOWS SENIOR PROJECT)
Public Works Director Brandt presented the staff report dated June 1, l999, recommending the City Council adopt the resolution approving the agreement.
Council Member Freitas referred to Page 2, Item 7c of the resolution, and felt a 30-day provision should be included. City Manager Ramsey stated staff would be happy to add the 30-day provision to Item 7c.
Council Member Sudario stated she had visited Cypress Meadows, and felt the project was an economic boost to the City of Antioch relative to providing nearly 250 quality local jobs.
RESOLUTION NO. 99/55
On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the resolution. The motion was carried by the following vote:
AYES: Soliz, Sudario, Davis, Rocha
LEGISLATION AND ADVOCACY
Assistant City Attorney Yanie Chaumette recommended the City Council send letters of opposition to our legislators on Item #1 AB 402 Compulsory and Binding Arbitration. Police and Fire Employees and on Item #3 SM 739 Local Government Collective Bargaining. Agency Shop Fees.
On motion by Council Member Soliz, seconded by Council Member Davis, the Council agreed to send letters of opposition to our legislators on Items 1 and 3. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES: May 18 and 25, l999
APPROVAL OF COUNCIL WARRANTS
REJECTION OF CLAIMS
1. Claim of Mary Anderson, #98/99-1071
2. Claim of Hugh McArdle, #99/99-1087
RESOLUTION NO. 99/56 ACCEPTING COMPLETED IMPROVEMENTS FOR BLACK DIAMOND KNOLLS UNITS 12 AND 13, TRACT NOS. 7823 AND 7822 (PULTE HOMES) (PW 581-12 AND 581-13) AND AUTHORIZE THE MAYOR TO SIGN A DEFERRED IMPROVEMENT AGREEMENT FOR BLACK DIAMOND KNOLLS UNIT 12, TRACT NO. 7823, (PW 581-12)
RESOLUTION NO 99/57 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND RESOLUTION NO. 99/58 ACCEPTING GRANT DEEDS FOR ONE-FOOT STRIPS FOR DIABLO WEST SUBDIVISION UNIT 4 (SILVEROAK DEVELOPMENT CORPORATION), TRACT NO. 8243 (PW 579-4)
RESOLUTION NO. 99/59 APPROVING FINAL MAP AND IMPROVEMENT PLANS FOR DIABLO WEST SUBDIVISION, UNIT 5, (SILVEROAK DEVELOPMENT CORPORATION), TRACT NO. 8244 (PW 579-5)
RESOLUTION NO. 99/60 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND RESOLUTION NO. 99/61 ACCEPTING GRANT DEEDS FOR ONE-FOOT STRIPS FOR DIABLO WEST SUBDIVISION, UNIT 6, (SILVEROAK DEVELOPMENT CORPORATION), TRACT NO. 8245 (PW 579-6)
RESOLUTION NO. 99/62 APPROVING GRANT EASEMENT FROM EAST BAY MUNICIPAL UTILITY DISTRICT FOR STREET CROSSING OF SPRUCE WAY (PW 572-5)
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, and G, which were removed for further discussion. Mayor Rocha abstained on Item A.
ITEM E: Council Member Sudario stated she was opposed to this item, as it was additional development, noting the City was not in compliance with the General Plan. She felt this developer agreement could be challenged in court under the public health and safety clause in the General Plan.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Consent Calendar Item E. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
ITEM F: Council Member Sudario stated she was opposed to this item, as it was additional development, noting the City was not in compliance with the General Plan. She felt this developer agreement could be challenged in Court under the public health and safety clause in the General Plan.
Council Member Freitas clarified these were not new developments, but developments that had received approval in previous years. Public Works Director Brandt stated the developments were approved with the tentative map, and approval of the final map was an administrative act Council was required to approve to remain in compliance with the Map Act.
On motion by Council Member Freitas, seconded by Council Member Soliz, Council approved Consent Calendar Item F. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
ITEM G: Council Member Sudario stated she was opposed to this item, as it was additional development, noting the City was not in compliance with the General Plan. She felt this developer agreement could be challenged in court under the public health and safety clause in the General Plan.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Consent Calendar Item G. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
AGENCY CONSENT CALENDAR
APPROVAL OF AGENCY MINUTES: May 18 and 25, l999
On motion from Agency Member Freitas, seconded by Agency Member Soliz, the Agency approved Agency Consent Calendar Item A. The motion was carried by the following vote:
AYES: Freitas, Soliz, Sudario, Davis
APPROVAL OF AGENCY WARRANTS
On motion from Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved Agency Consent Calendar Item B.
Dan Richardson applauded the efforts of Council Member Freitas to reduce the number of fast food restaurants. He felt we were continuing to foster an atmosphere that encourages fast food, commuters and crowds. He felt sit down restaurants would encourage business in Antioch.
COUNCIL REPORTS/ COMMUNICATIONS
Council Member Soliz reported he attended a meeting of the Committee for Responsible Public Investment last week. He found the meeting to be interesting and informative. He noted if time allows, he would continue to attend these meetings and bring back information to the city.Mayor Rocha congratulated Deer Valley High School on their first graduating class. She also announced on Thursday June 10, l999, there would be Medicare Information Services at the Senior Center. She announced the Economic Development Summit would take place Friday, June 11, l999 from 8:30 A.M. to 2:00 P.M. at Humphrey's restaurant.
City Manager Ramsey advised Council of the possibility of the State funds seized from cities in previous years being returned.
With no further business, Mayor Rocha adjourned the meeting at 10:28 P.M. to the upcoming Budget workshop on June 15, l999.
L. JOLENE MARTIN, City Clerk
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