ANTIOCH DEVELOPMENT AGENCY
May 23, 2000
City Council Chambers
Mayor Pro Tem Davis called the meeting to order at 7:25 P.M., and City Clerk Martin called the roll.
Present: Council Members Freitas, Davis, Soliz
Absent: Mayor Rocha
Mayor Rocha arrived at 8:18 P.M.
PLEDGE OF ALLEGIANCE
Council Member Soliz led the Council and audience in the Pledge of Allegiance.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
National Public Works Week, May 21-27, 2000
National Safe Boating Week, May 20-26, 1999
Affordable Housing Week, June 2-11, 2000
Annual Mayors Cup Golf Tournament, June 4, 2000
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council present unanimously approved the Proclamations.
Council Member Soliz presented Public Works Director Brandt the Proclamation proclaiming May 21-27, 2000 as National Public Works Week. Mr. Brandt, on behalf of the City employees, thanked the City Council for their ongoing support.
Council Member Soliz presented Harbor Master Cruger-Hansen the Proclamation proclaiming May 20-26, 2000 as National Safe Boating Week. Mr. Cruger-Hansen thanked the City Council for recognizing the importance of boating safety.
Council Member Freitas presented the Proclamation proclaiming June 2-11, 2000 as Affordable Housing Week to a representative from St. Vincent DePaul. On behalf of St. Vincent DePaul, the representative thanked the City Council for helping to raise homeless awareness.
Council Member Davis presented the Proclamation to Dave Sanderson and Pat Kane proclaiming June 4, 2000 as the Annual Mayor's Cup Golf Tournament. They discussed the contests and prizes, noting all entry fees would go to charity.
Elvin Scott discussed his State application for non-profit tax exemption and presented information regarding pensions, stating his website had all the information for those interested.
Jean Kuberra discussed comments from Council Member Soliz regarding her Brown Act Complaint and Mrs. Sudario. She suggested Council Member Soliz be investigated regarding his stock trading career and radio program. She requested information on Antioch's involvement regarding the PG&E Southern Energy Plant's expansion.
Dan Stills expressed concern regarding the City property located at 415 "K" Street noting he had repeatedly requested the property be properly maintained. He urged the City Council to address his concerns. Finally, he thanked the City of Antioch for the many efforts made in his neighborhood and the City as a whole.
City Manager Ramsey assured Mr. Stills staff would take care of the property at 415 "K" Street.
COUNCIL REGULAR AGENDA
CITY PARTICIPATION IN EAST CONTRA COSTA COUNTY REGIONAL HABITAT CONSERVATION PLAN
Community Development Deputy Director Carniglia presented the staff report dated May 23, 2000, recommending Council: A) Adopt the Resolution declaring the City's interest in cooperatively developing a Habitat Conservation Plan ("HCP") with other government jurisdictions in East Contra Costa County, and outlining the City's expectations with respect to the Habitat Conservation Planning process; and B) Authorize the City Manager to sign an interagency agreement forming the East Contra Costa Habitat Conservation Plan Association ("HCPA") to manage preparation of the HCP. He then stated staff recognized the City Council retains the discretion to approve or disapprove any HCP. He then provided a brief overhead presentation.
As requested by Council Member Freitas attached to these minutes is a verbatim copy of this item. (Located in the City Clerk's Office)
RESOLUTION NO. 2000/65
On motion by Council Member Freitas, seconded by Council Member Davis, the Council adopted the Resolution contingent on the 18 (19 actual) principles being a part of the agreement and in regards to cost on Page 11, Sect 14: if they are unsuccessful in raising the moneys, CCWD is to pay remaining funds. With Council Member Freitas being the contact person. The motion carried with the following vote:
AYES: Freitas, Davis, Rocha
APPOINTMENTS TO THE ANTIOCH POLICE CRIME PREVENTION COMMISSION FIVE (5) VACANCIES
Mayor Rocha recommended Heidi Branson, Vincent Manuel, and Thomas Rood to the 4-year terms on the Antioch Crime Prevention Commission and LeRoy Beck and Rich Costello to the 3-year terms on the Antioch Crime Prevention Commission.
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously accepted the recommendations of Mayor Rocha appointing Heidi Branson, Vincent Manuel, and Thomas Rood to the 4-year terms on the Antioch Crime Prevention Commission and LeRoy Beck and Rich Costello to the 3-year terms on the Antioch Crime Prevention Commission.
APPOINTMENT TO ANTIOCH DESIGN REVIEW BOARD - ONE (1) 4-YEAR TERM
Mayor Rocha recommended Elizabeth Guarino to a 4-year term on the Design Review Board.
On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously accepted the recommendation of Mayor Rocha appointing Elizabeth Guarino to a 4-year term on the Design Review Board.
Mayor Rocha declared a recess at 9:37 P.M., the meeting reconvened at 9:47 P.M., with all Council Members present. She announced she was making a presentation to the BART Board concerning traffic issues and that was the reason she was not here on time this evening.
EDEN HOUSING REQUEST FOR CHANGES TO AN APPROXIMATE 2.7-ACRE SITE LOCATED AT THE NORTHWEST, SOUTHWEST, AND SOUTHEAST BLOCK OF FOURTH AND "J" STREETS (PD-00-1/UP-00-12/A, PW 648)
Community Development Director Ward presented a video excerpt from an affordable housing segment done by Channel 7 News which featured Eden Housing's project in San Jose. He presented the staff report dated May 23, 2000, recommending the City Council: A) Introduce the Ordinance by title only; B) Rezone these sites from "Restricted Multiple Family Residential (R-3)" and "Multiple Family Residential (R-4)" districts to "Planned Development (PD)" district, and adopt the Ordinance regarding said Rezoning, and approval of a Final Development Plan for the subject project on these sites; C) Approve a Final Development Plan; D) Approve a Use Permit to allow the construction of four (4) single-family homes, 57 apartments, a day care facility for 30 children, and community building; and E) Approve a Lot Line Adjustment.
Discussion ensued regarding the undergrounding of utilities and possible funding source. Council Member Freitas stated he would not support this project unless the undergrounding of the utilities occurred. City Manager Ramsey stated the Finance Director indicated by the time this project moved forward there would be set-aside funds from Redevelopment to assure the installation of underground utilities. He added this funding would be used as a last resort. Community Development Director Ward stated the undergrounding would be for Fourth Street only.
Linda Mandalini stated one of the net benefits of the project was this contributes to the viability of the downtown commercial district. She noted their computer learning center program curriculum has allowed children and adults to work on computers to advance their education. She added they would very much like to underground the utilities noting they would try to raise additional funds for the undergrounding.
Mayor Rocha opened the public hearing.
Allen Payton stated this project was long overdue. In response to Mr. Payton's concerns, Community Development Director Ward stated the City owned the last remaining fourplex on "K" Street and it would be demolished as part of subsequent work. Mr. Payton encouraged the City to keep up with code enforcement to avoid the slow demise of future housing and replacement costs. He voiced his support for this project and the undergrounding of the utilities.
Mayor Rocha closed the public hearing.
RESOLUTION NOS. 2000/66, 20000/67, and 2000/68
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved: A) Motion to introduce the Ordinance by title only; B) Motion to introduce the Ordinance amending Title 9, Chapter 5, Article 3 of the Antioch Municipal Code (Zoning Map) rezoning the site from "Restricted Multiple Family Resident District (R-3)" and "Multiple Family Residential District (R-4)" to "Planned Development District (PD)"; C) Motion to adopt the Resolution approving a Final Development Plan with the addition on Fourth Street there shall be undergrounding and as much undergrounding as possible throughout the entire subdivision; D) Motion to adopt the Resolution approving a Use Permit to allow the construction of four (4) single family homes, 57 apartments, a daycare center for 30 children, and a 1,765 square foot community building; and E) Motion to adopt the Resolution approving a lot line adjustment for existing parcel lines.
RESOLUTION APPROVING THE CITY OF ANTIOCH PROPOSED MASTER FEE SCHEDULE, 2000/2001 FISCAL YEAR
Financial Services Director Tasker presented the staff report dated May 18, 2000, recommending adoption of the Resolution approving the City of Antioch Proposed Master Fee Schedule, 2000/2001 Fiscal Year.
Mayor Rocha opened and closed the public hearing with no one requesting to speak.
RESOLUTION NO. 2000/69
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously adopted the Resolution approving the Master Fee Schedule, 2000/2001 Fiscal Year.
COMMENTS ON URBAN LIMIT LINE DRAFT ENVIRONMENTAL IMPACT REPORT (EIR)
City Manager Ramsey stated he was disappointed that the cooperative process regarding an East County Regional approach to handling land use issues was not included as an alternative in the EIR findings submitted for Council consideration. He noted he felt it was a disservice to the communities who spent time, money, and effort to submit their response only to have that response be totally eliminated, ignored, and overlooked in this process.
Community Development Deputy Director Carniglia presented the staff report dated May 17, 2000 recommending the City Council review the comments concerning the Draft Environmental Impact Report for the Urban Limit Line (ULL) and provide comments and direction to staff as appropriate. City Manager Ramsey corrected Page 3, Comment #6, the fourth sentence, to read: "Unfortunately, given that the EIR concludes that the project will have no environmental impact, the EIR on Page 166 concludes that no alternatives need to be presented." He added if Council chose to adopt the concepts within the staff report he suggested Council direct staff to resubmit for consideration the principals for regional cooperation.
Ron Rives, representing Seeno Construction Company, stated they agreed with staff noting it was a bad plan supported by a bad Environmental Impact Report. He noted this modification of the Urban Limit Line would not prevent growth but simply displace growth by moving it to the east. He also stated the report did it take into consideration Antioch's General Plan, Infrastructure Planning or Regional Planning. He concurred with staff’s recommendation that Council direct staff to comment negatively on the Draft Environmental Impact Report.
Allen Payton agreed with Mr. Rives in his assertion moving the Urban Limit Line would not limit growth, but simply push it further east. He urged Council to remind the Board of Supervisors growth should be managed at the local level and state the report was not acceptable as an Environmental Impact Report because it did not take into consideration the proposed alternatives.
Guy Bjerke stated they have sent in a 15-page letter of comments regarding the Urban Limit Line Environmental Impact Report to the county. He noted the EIR was full of faulty conclusions and it needed to have as many comments put on record as possible.
Council Member Soliz expressed concern the Urban Limit Line Environmental Impact Report was based on an inadequate proposal and any movement of the line should go back to the voters for approval. He noted this proposal would push growth further east and adversely affect agricultural land in San Joaquin Valley and our ability to produce food. He requested reference to adverse affects of this on Antioch's economic development efforts be added to staff's comments on this EIR.
On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously adopted the staff report directing staff to: A) Resubmit the principals for regional cooperation; and B) Add to staff's overview a section dealing with the adverse impacts of this report on economic development.
6. LEGISLATION AND ADVOCACY
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously received and filed the report.
Council Member Freitas requested the legislation of Assembly Member Torlakson regarding the buy-in concept he is promoting for any BART extension out the currently designated BART District be agendized for the next meeting.
Mayor Rocha provided information regarding sales tax for BART.
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES: April 25, 2000
APPROVAL OF COUNCIL WARRANTS
TREASURER'S REPORT APRIL 2000
RESOLUTION NO. 2000/70 STATEMENT OF INVESTMENT POLICY
ORDINANCE NO. 972-C-S APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT WITH THE MC BAIL COMPANY
RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH CONTRA COSTA COUNTY AND CITIES FOR THE JOINT EXERCISE OF POWERS TO FUND A STUDY OF THE PUBLIC COSTS OF TRENCHING AND EXCAVATION OF PUBLIC STREETS BY UTILITY COMPANIES (Pulled by staff)
RESOLUTION NO. 2000/71 ACCEPTING COMPLETED IMPROVEMENTS FOR HO SUBDIVISION, UNIT 5, TRACT NO. 8045 (HOFMANN CONSTRUCTION COMPANY) (PW 568-5)
RESOLUTION NO. 2000/72 AUTHORIZING AGREEMENT FOR ONE GARAGE SALES OFFICE CONVERSION IN DIABLO WEST, UNIT 6 (RICHMOND AMERICAN HOMES), TRACT NO. 8245, LOT 515 (PW 579-6)
RESOLUTION NO. 2000/73 AUTHORIZING AGREEMENT FOR ONE GARAGE SALES OFFICE CONVERSION IN SANDHILL PROPERTY, (BLACK DIAMOND KNOLLS, LTD.), TRACT NO. 8247, LOT 5 (PW 643)
RESOLUTION NO. 2000/74 APPROVING AND AUTHORIZING THE MAYOR TO SIGN FIRST AMENDMENT TO RESTATED JOINT POWERS AGREEMENT ESTABLISHING THE EASTERN CONTRA COSTA TRANSIT AUTHORITY
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Consent Calendar.
Mayor Rocha adjourned to the Antioch Development Agency.
OF AGENCY MINUTES: April 25, 2000
APPROVAL OF AGENCY WARRANTS
On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved the Agency Consent Calendar.
PUBLIC COMMENTS: None
Mayor Rocha stated she had gone to the BART Board to
voice her support of the equitable buy-in legislation proposed by Assemblyman
Torlakson. She further noted she
planned to request this item be agendized for the June 13, 2000 meeting of the
Mayor's Conference in Alameda, adding she planned to make and take copies of
the estimated sales tax revenue the community had put into the BART
City Manager Ramsey stated one of the issues discussed
at the Economic Development Administration (EDA) workshop was a grant, applied
for by the City of Pittsburg, to look into the possible creation of a Foreign
Trade Zone within the Antioch/Pittsburg area.
He noted a presentation was given at a joint meeting of the four cities
involved on May 22, 2000 resulting in a general agreement the cities would
continue to work toward exploring the possibility of a Foreign Trade Zone. He noted the representatives of the EDA
indicated a willingness to continue funding toward that effort.
Council Member Soliz stated the discussion at the EDA
workshop on May 22, 2000, included the impact of a Foreign Trade Zone and the
direction given at that time was to send the City Managers forward to develop
proposals which could then be brought back to their respective City Councils
Mayor Rocha stated the City and County relationship for
the Mayors had scheduled a meeting on May 31, 2000 from 9:00
a.m. to 12 noon in Martinez to
present various types of infill for review.
She reminded the public the County Fair would be starting on May 31,
2000. She also invited the public to
attend the State of the City Luncheon on May 25, 2000, at 12:00 P.M. at the Tao San Jin
Restaurant. Lastly, she requested an
inventory review of available moderate and low income housing for families in
the last five years on a future agenda.
Council Member Soliz stated there had been discussion among Council Members regarding ADA projects and requested Council review the application of some of the apprenticeship and training conditions adopted for the McBail project. City Manager Ramsey noted staff was looking at the issue and would have it back on the Council calendar within 30 days.
City Manager Ramsey reminded Mayor Rocha to adjourn to June 6, 2000 at 6:00 P.M. for a continuation of the Work Session on the budget.
With no further business, Mayor Rocha adjourned the meeting at 11:05 P.M., to the budget Work Session at 6:00 P.M., on June 6, 2000.
L. JOLENE MARTIN, City Clerk