ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
November 9, 1999
City Council Chambers
Mayor Rocha called the meeting to order at 7:08P.M. , and City Clerk Martin called the roll.
Present: Council Members Freitas, Soliz, Davis, Sudario and Mayor Rocha
Members of Boy Scout Troop 394 led the audience in the Pledge of Allegiance.
PROCLAMATION: Homeless Awareness Month, November 1999
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Proclamation.
Council Member Davis presented the Proclamation to Paul Heller proclaiming the month of November as Homeless Awareness Month. Mr. Heller, on behalf of the Contra Costa County Homeless Continuum of Care Advisory Board, thanked the Council for the Proclamation.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Nancy Monfort, Chairman of the Board of the Antioch Chamber of Commerce, introduced Nancy McCaffrey, the new CEO and President of the Antioch Chamber of Commerce.
Assistant to the City Manager Bill Gegg announced another Census would be conducted in the year 2000. He stated the Census Bureau was accepting applications for field workers and anyone interested could call 363-9000 for more information or apply at the One Stop Shop Employment Center on the corner of Third andAI@ Streets.
Karen Soliz, Producer of Delta View on TCI Channel 25, announced a new segment of Delta Backroads including a newly developed segment called Pet Talk.
Jean Kuberra announced she had produced a new segment of her Antioch News and Views Show for TCI Channel 25, scheduled to begin airing on November 15, l999 at 4:30P.M., in which she discussed in more detail the recent joint workshop in Brentwood.
Council Member Davis announced the Veteran=s Day Ceremony scheduled for Thursday, November 11, l999 at 9:00 A.M. at the Antioch Marina located at the Foot of "L" Street.
Mayor Rocha announced the Little/Big Game on November 11, l999, adding there would be a parade at 1:00 p.m. from City Hall. She further announced the Delta Learning Center would sponsor a boutique at 4920 Cougar Peak.
City Manager Ramsey noted Antioch had enjoyed the privilege of having the Clydesdale Horses come to town. He thanked the Downtown Rivertown Business Association and Markstein Beverage Company for making the event possible.
Tim Fryxell stated he had received an Abatement Order for his race car parked on his property and stated he believed he was obligated by City Ordinance to keep his race car on a trailer. He noted there were other race cars in his neighborhood and they had not received an Abatement Order. Council Member Soliz suggested this item be referred to the City Manager or City Attorney.
Tom Harais stated he had also received an Abatement Order pertaining to his motor home parked in his side yard. He noted he had prepared a report on the "citizen's view" of the Abatement laws, and asked Council to allow him two weeks to finish his report and he would distribute it to Council.
Elvin Scott gave an update on his organization=s attempt to protect the pensions of all people.
Douglas Scott discussed the recycling program recently adopted by the City of Antioch. He stated he received notice from BFI, he would be receiving a 96-gallon yard waste container at a rate of $17.18 for two months. He noted since 1991 he had been recycling his own yard waste in compost bins and felt he should be given the option of receiving a smaller yard waste container at a reduced rate.
Jean Kuberra presented a historical perspective, legal background and information pertaining to Ralph M. Brown Act open meeting laws, adding she felt the joint city meeting with Brentwood had not been properly noticed.
Barbara Sobalvarro, on behalf of the Friends of Animal Services, reported on the success of the 1st Annual Ramble>Round the Reservoir and the Black Cat Ball. She thanked the Council for their support of Friends of Animal Services.
Jim Schultz noted his objection to the newly adopted recycling program, stating he and his wife were on a fixed income and didn't need a 96-gallon yard waste bin.
COUNCIL REGULAR AGENDA
REVIEW OF PROPOSED MUNICIPAL SERVICES FEE
Council Member Freitas felt this item should be postponed until after the Study Session scheduled for next week, as he felt that it would benefit the Council and the public to have more time to discuss all the issues involved with this item.
Council Member Sudario felt postponing the item until after the study session would be a disservice to the community, as the Study Session was to be held on a Monday, and not telecast live. She further noted important issues, such as this, should be acted upon during regular agendized Council Meetings.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council continued this item to November 15, 1999, stipulating the meeting be taped for playback at a later date. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
Economic Development Director Laura Sainz presented the staff report dated November 4, l999, recommending the City Council adopt the resolution establishing the geographic boundaries allowing City staff to prepare a Specific Plan for the East 18th Street area.
Dick Loweke, Planning Consultant, gave a brief overview of the outlay of the area and the properties involved, noting the area offers a tremendous opportunity for commercial and industrial development with excellent access from the freeway noting as the community grows, it would become a main entranceway for Antioch. He stated the plan was to develop a comprehensive plan to efficiently utilize these valuable land resources and deliver utility systems to those properties currently without utilities. He discussed the process entailed in developing this area for future entitlements, stressing the benefits to the City once it is completed.
Economic Developer Director Sainz stated approximately half of the property owners were in support of the program, noting only one property owner was in opposition. She stated those owners who are unwilling or unable to front the cost of the improvements were not obligated to pay anything at this time, but would be obligated to pay their fair share before developing. She stressed the importance of Antioch having property ready to develop to increase future economic development opportunities.
Don Peckham noted his building was located in the center of this project, and was very interested in the program. He further noted his building needed to expand but was unable to do so without the sewer hook-ups this project would provide. He discussed the "loop road" that would connect up him to Phillips Lane, noting he was opposed to the design as it would disrupt property, and proposed possible alternatives.
Frank Vangelo, owner of a historical 109 year old vineyard , felt the project should offer a provision to preserve the historic vineyard, stating it was one of the oldest vineyards in California. He urged Council to stipulate a greenbelt be provided in the project to preserve the old vines.
Mark Cranmer, General Partner for Vineyard Properties, read a letter to Council voicing the Partnership's support of the study. He noted several of the property owners had previously completed feasibility studies, engineering approval entitlements, and construction of infrastructure to their properties, asking they be credited for those portions of the costs. He then discussed other improvements completed and paid for by the group, stating property owners who had made and paid for improvements previously should not have to share the costs of the same improvements for others.
Frank Billeci, representing the Antioch Industrial Park parcel, stated they support the study, but have a problem with the project financing. He noted they have contributed land and made improvements to the area and felt they should not be required to pay the $20,000 outlined as their portion of the study. He felt they were being asked to pay an equal share of the study cost, but would not benefit equally.
RESOLUTION NO. 99/161
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council adopted the resolution establishing geographic boundaries for the purpose of preparing a Specific Plan for the East Eighteenth Street Area which included the map in the Council Members' packet; the City Manager and City Attorney would convene with or at least offer to all the property owners the opportunity to attend a meeting where the cost allocation would be discussed; at the December 7 Council meeting, a proposal would be presented to Council outlining the costs and the distribution of costs; once the cost allocations have been determined any shortfall would come from Antioch Redevelopment Area 4.1 to be paid back by future property owners with interest. The motion carried the following vote:
AYES: Freitas, Soliz, Davis, Rocha
Mayor Rocha declared a recess at 8:35 P.M. , The meeting reconvened at 8:48 P.M. with all members present.
City Manager Ramsey presented the staff report dated November 2, l999, recommending the City Council appoint a Council subcommittee to study issues related to new park planning, construction and maintenance.
Mayor Rocha submitted the names of Council Members Davis and Soliz to be appointed to the subcommittee.
Council Member Soliz stated he would like assurance the Parks Commission was aware of Council's intention, so they could work together.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously appointed Council Members Davis and Soliz to be the Council subcommittee.
City Manager Ramsey presented the staff report dated November 2, l999, recommending the City Council: a) adopt the resolution determining the "Roddy Ranch Project" qualified for an exemption from the Measure "U" Suspension Resolution; and b) adopt the resolution modifying the Sphere of Influence request to LAFCO as part of LAFCO's Countywide sphere of influence update.
Community Development Deputy Director Carniglia responded to questions from Council Member Sudario regarding the Urban Limit Line and the number of homes planned for this project area. Council Member Sudario noted her objection to further housing development and went on to discuss traffic congestion, overcrowded schools, health and safety issues related to continued housing development.
Council Member Freitas felt the project would qualify for an exemption from the Measure "U" suspension. Depending on LAFCO's actions, it could also bring Roddy Ranch into Antioch's Sphere of Influence, an action long anticipated by Antioch residents. He then emphasized the uniqueness of this project, noting the project would require jobs be established before any houses could be built.
Mary Zbacnik stated the citizens of Antioch did not want any more homes built. She felt Measure "U" was useless because it had not stopped the construction of new homes.
Terry Ramus, co-author of Measure "U" felt this project deserved a "look see," noting this project was different than any other project presented to Council, bringing more to the community than housing projects of the past. In answer to Council Member Sudario's question, Mr. Ramus stated he and Tom McNeil were the authors of Measure "U". He stressed they had not collaborated with any other political group during the writing.
Michelle Benner objected to any further housing development, stating she felt City services could not accommodate any additional residents.
Steve Benner felt any jobs created by this project should be at a higher pay rate than $12.00 an hour, stating $12.00 an hour was not a sufficient living wage for this area.
Jean Kuberra noted the Roddy Ranch Project was not in the Antioch School District but in the Brentwood School District. She stated the jobs promised by the Roddy Ranch project were all off- site, and the Measure "U" exemption applies to on-site jobs. She further stated the conditions for development were for the construction of the golf course, not for housing in the area.
Jim Conley felt a project creating jobs before housing would be very beneficial to the City.
Norma Hernandez felt there were issues with the business portion of this project and emphasized the City was under no obligation to approve the additional 1000 homes this project would bring.
Barbara Sobalvarro stated this was a unique project deserving the consideration of Council, and felt executive housing was a missing element in Antioch.
Mike Malody asked for clarification on the process to bring Roddy Ranch into Antioch's Sphere of Influence. Community Development Deputy Director Carniglia gave a brief explanation of the process involving LAFCO. He clarified the item before Council was not for an approval but to address associated Measure "U" issues and the request to LAFCO.
RESOLUTION NO. 99/162 & RESOLUTION NO. 99.163
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council: a) adopted the resolution determining "Roddy Ranch Project" qualifies for an exemption from the Measure "U" Suspension Resolution; b) adopted the resolution modifying the Sphere of Influence request to LAFCO as part of LAFCO's Countywide Sphere of Influence Update; and c) the City Council would, with the Mayor's direction in December, form a subcommittee to follow the progress of this project and report back to Council on issues of economic development importance. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
Mayor Rocha declared a recess at 10:07 P.M. The meeting was reconvened at 10:18 P.M. with all Members present.
City Manager Ramsey presented the staff report dated November 3, l999, recommending the City Council adopt the resolution approving the addition of one staff position to the Community Development Department and amending the 1999-2000 Annual Budget to fund the position.
Council Member Sudario stated the Planning positions were being paid from the General Fund and felt they should be paid from developer fees. Community Development Director Ward stated developer fees do partially fund Planning positions, however a number of planning issues and duties did not fall under the Recapture Provision.
City Manager Ramsey added there was a considerable amount of general planning work performed daily that was not project specific.
Roger Henry, Planning Commissioner, stated the Planning Commission planned to present Council with a resolution for adoption to streamline the permit approval process. He noted it was apparent to him and the other Planning Commissioners the Planning Department was understaffed compared to other cities. He felt Antioch would be more "business friendly" if the City staff could offer better service.
RESOLUTION NO. 99/164
On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the resolution amending the budget by adding one Senior or Associate Planner to the Community Development Department and amended the 1999-2000 Annual Budget to fund the position. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis, Rocha
Neighborhood Improvement Coordinator Denise Skaggs presented the staff report dated November 2, l999, recommending Council receive and file the report. She gave a brief presentation describing the services provided by NIS to the community. Code Enforcement Officer Tyra Harrington presented a slide show depicting Antioch Municipal Code abandoned vehicle violations, briefly describing each violation.
Mark Moczulski, Acting Police Chief, noted Neighborhood Improvement Services worked closely with the Police Department to reduce the number of inoperable and/or unlicensed vehicles parked on public roadways and/or private property. He stated this resolution would enable the police and NIS to be more effective in mitigating the eyesores created by these undesirable vehicles parked in the community.
Neighborhood Improvement Coordinator Skaggs also discussed the process and issues of abandoned properties as related to health and safety.
Council Member Sudario noted many people were having a difficult time smogging their operable RV's and vehicles, and did not feel NIS should be tagging vehicles or RV as long as they were is not in deplorable condition provided the owner was actively trying to work with NIS to correct the problem. She also felt NIS should be concentrating on properties in deplorable condition. Ms. Skaggs clarified all complaints were investigated, with the focus going to inoperable vehicles and those properties creating an eyesore.
Tim Fryxell felt the abatement order he received was both strong and intimidating. He suggested NIS send a courtesy notice allowing residents one week to contact NIS and to explain how and when they plan to correct the complaint.
Tom Harais stated he also received an abatement order, and felt he was treated rudely when he contacted NIS to discuss the issue. He further objected to the $125 fee he was charged for a hearing on the matter. He went on to discuss the particulars of his case. Council Member Freitas called a "point of order" stating the item on the agenda was a report on enforcement of Municipal Code provisions, and felt it was inappropriate for Council to discuss the specifics of Mr. Harais' case.
City Attorney Galstan responded to questions from Council and gave a brief overview of the appeals process dealing with Code violations.
Gloria Pohan stated she had also received an abatement order and stated the $125 appeal fee was formidable and had stopped her from appealing her case because she could not afford it. She did not feel there should be a charge for appealing the order. She expressed concern Antioch was developing an elitist attitude regarding undesirable cars, and felt any licensed car transporting a person to and from work, regardless of its appearance, was okay.
Barbara Sobalvarro felt NIS was a wonderful tool to have in a community, and should be commended for their efforts.
Bill Davis stated his support of NIS and the difficult job they do, and felt the City should not restrict the use of any tool they have at their discretion.
Jean Kuberra expressed her support of NIS, however, she felt the $125 appeal fee was too high. She further suggested softening of the initial notice language.
Roger Henry, President of ARC, stated ARC was impressed with the admirable work NIS was doing. He urged the Council to continue to support NIS and not micro-manage their efforts.
Council Member Soliz stated he would like to see a quarterly report on current NIS issues. He further noted he was willing to look at the possibility of reducing the appeal fee.
Council Member Sudario voiced her continuing support of NIS stating she felt it was important to provide a clean city for the residents. However, she also felt there was a fine line between performing NIS duties and violating the rights of property owners. She further stated she would like to eliminate the appeal fee, and see NIS concentrate their efforts on abatement of blighted properties.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously received and filed the report with the stipulation a follow up report return to Council within 180 days to allow Council the opportunity to look at the tone of the notification letter, the appeal costs and process.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously awarded the project to Bay Cities Paving in the amount of $431,791.30.
City Manager Ramsey presented the staff report dated October 28, l999, recommending Council adopt the resolution approving the lease.
RESOLUTION NO. 99/165
On motion by Council Member Soliz, seconded by Council Member Sudario, the Council unanimously adopted the resolution approving the lease.
City Manager Ramsey presented the staff report dated October 29, l999, recommending Council: a) introduce the Ordinance by title only; and b) introduce the Ordinance amending Section 1-3.13 of the Antioch Municipal Code, dealing with the definition of holidays.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously: a) introduced the ordinance by title only; and b) introduced the Ordinance amending Section 1-3.13 of the Antioch Municipal Code, dealing with the definition of holidays, with the inclusion of New Year's Eve as a holiday.
City Manager Ramsey presented the staff report dated October 15, l999, recommending Council receive and file the report, approving "cure and correct" suggestions as recommended.
Council Member Soliz commented he believed this item had been tabled at the last meeting. City Attorney Galstan responded stating the Council tabled the item to a future meeting, and he had used his discretion in placing the item on the agenda as it was not made clear by Council if the item was tabled or continued, but considering the time element felt it was necessary to proceed.
Jean Kuberra discussed her complaint, stating the September 8, l999 joint workshop with Brentwood was not properly noticed, and public testimony was not invited.
Roger Henry referred to an article in the Ledger Dispatch which included comments from Mr. Terry Francke, a Brown Act expert, that stated the noticing requirements were met. He noted the joint workshop was not a Council meeting, and therefore it could not be a Brown Act violation.
On motion by Council Member Sudario, seconded by Council Member Freitas, the Council received and filed the report, approving "cure and correct" suggestions as recommended. The motion was carried by the following vote:
AYES: Freitas, Sudario, Davis, Rocha
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the performance evaluation criteria for this year and subsequent years.
- APPROVAL OF COUNCIL MINUTES: October 12, 1999
- APPROVAL OF COUNCIL WARRANTS
REJECTION OF CLAIMS
1. Claim of Billy Michael Rogers, Sr., #99/00-1116
2. Claim of Mitchell Duran, #99/00-1113
ORDINANCE NO. 965-C-S ADDING SECTION 5-17.05 TO THE ANTIOCH MUNICIPAL CODE, DEALING WITH CONSTRUCTION ACTIVITY NOISE
AUTHORIZE ADVERTISEMENT OF PARKS AND RECREATION COMMISSION VACANCIES -TWO (2) FOUR-YEAR TERMS
CONSIDERATION OF BIDS FOR CURB, GUTTER, AND SIDEWALK REPAIR INCLUDING TREE REMOVAL AND STUMP GRINDING AT MISCELLANEOUS LOCATIONS (PW 507-9) Leroy Griffith Construction
RESOLUTION NO. 99/166 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND RESOLUTION NO. 99/167 ACCEPTING GRANT DEED FOR ONE-FOOT STRIP FOR BLACK DIAMOND ESTATES SUBDIVISION, UNIT 7, (RICHLAND DEVELOPMENT/BLACK DIAMOND KNOLLS, LTD.), TRACT NO. 8318 (PW 599-7)
RESOLUTION NO. 99/168 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND RESOLUTION NO. 99/169 ACCEPTING GRANT DEED FOR ONE-FOOT STRIP FOR BLACK DIAMOND ESTATES SUBDIVISION, UNIT 6, (RICHLAND DEVELOPMENT/BLACK DIAMOND KNOLLS, LTD.), TRACT NO. 8317 (PW 599-6)
RESOLUTION NO. 99/170 REVISING CLASS SPECIFICATIONS FOR THE POSITIONS OF CROSS CONNECTION CONTROL SPECIALIST AND CROSS CONNECTION CONTROL SPECIALIST LEADWORKER
RESOLUTION NO. 99/171 AMENDING THE BUDGET BY REALLOCATING ONE SECRETARY I/II POSITION TO CUSTOMER SERVICE REPRESENTATIVE I/II
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Consent Calendar, with the exception of Items G and H, which were removed for further discussion.
ITEM G: Council Member Sudario stated she would be voting no on all final maps to approve additional houses.
On motion by Council Member Soliz, seconded by Council Member Davis, the Council approved Consent Calendar Item G. The motion was carried by the following vote:
AYES: Freitas, Soliz, Davis Rocha
ITEM H: Council Member Sudario stated she would be voting no on all final maps to approve additional houses.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Consent Calendar Item H. The vote was carried by the following vote:
AYES: Freitas, Soliz, Davis Rocha
AGENCY CONSENT CALENDAR
APPROVAL OF AGENCY MINUTES: October 12,
APPROVAL OF AGENCY WARRANTS
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved the Consent Calendar.
PUBLIC COMMENTS for Closed Session
On motion by Council Member Freitas, seconded by Council Member Sudario, the Council unanimously continued the Closed Session to November 23, l999 at 6:00 P.M.
With no further business Mayor Rocha adjourned the meeting at 12:08 A.M. to the next scheduled City Council Workshop Meeting on Monday, November 15, 1999.
L. JOLENE MARTIN, City Clerk
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