ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY

MEETING MINUTES
Regular Meeting

June 27, 2000
7:00 p.m.
City Council Chambers

CLOSED SESSIONS:

  1. PUBLIC EMPLOYEE APPOINTMENT:  Director of Economic Development.  This Closed Session is authorized by Government Code 54957.

  2. CONFERENCE WITH LABOR NEGOTIATOR.  Agency Negotiator:  Yanie Chaumette.  Organization:  AFSCME Unit I.  This Closed Session is authorized by Government Code 54957

Mayor Pro Tem Davis called the meeting to order at 7:05 p.m., and City Clerk Martin called the roll.

Present:  Council Members Freitas, Davis, and Soliz
Absent:  Mayor Rocha
Mayor Rocha arrived at 8:10 P.M.

PLEDGE OF ALLEGIANCE

Council Member Soliz led the Council and audience in the Pledge of Allegiance.

City Manager Ramsey gave a brief summary of action taken during the Closed Session.  He concluded with the announcement of the appointment of Eli Naffah to the position of Economic Development Director, stating he would start working on August 14, 2000

PRESENTATION to Dr. Thomas J. Dozier

Mayor Pro Tem Davis presented Dr. Dozier with a plaque honoring him for his numerous contributions to Antioch.  Dr. Dozier thanked the City of Antioch for the recognition.

Nancy Monfort, speaking on behalf of the Antioch Chamber of Commerce, stated it was a pleasure to be honoring Dr. Dozier and thanked him for the many lives he had touched.

Roger Henry, speaking on behalf of the Association of Responsible Citizens, wished Dr. Dozier well on his return to Southern California and thanked him for all he had done for the community.

In honor of Dr. Dozier, Mayor Pro Tem Davis declared a recess at 7:17 P.M., inviting the community to enjoy some refreshments in the City Hall lobby.  The meeting reconvened at 7:34 P.M., with those Council Members in attendance present.

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Jean Kuberra announced State Senator Richard Rainey's Town Hall meeting regarding transportation on June 28, 2000 in the Brentwood City Council Chambers.

PUBLIC COMMENTS

Rick Carraher, Chairman of Antioch's Fourth of July celebration, reviewed the schedule of events including a classic car show, home town parade, 5K Fun Run, food vendors, entertainment, and fireworks display.  He thanked the City of the opportunity to host this celebration and presented the City Council with posters and buttons.

Public Works Director Brandt invited the public to attend the dedication of the Compy Compomizzo Municipal Fishing Pier on July 4, 2000.

Elvin Scott discussed the program schedule for Channel 29's broadcast of misuse of military pensions and other issues.

Jim Conley announced Assemblyman Tom Torlakson's Legislative Bill AB 2929 passed out of Committee with an 8-1 non-partisan vote.  He urged the community to contact Assemblyman Torlakson, Senator Rainey, Mayor Rocha, and Governor Davis to let them know of the importance of this Bill becoming law.

Judy Trapanese and Denise White, volunteers from the American Cancer Society, announced the Relay For Life which took place on June 17 in Antioch was a success, raising $72,000.  They thanked the City of Antioch and the community for their support.  She noted Channel 26 would be broadcasting the event on July 7 at 4:30 P.M.

Jean Kuberra discussed the use of City Council meetings to promote political careers, noting the purpose of public meetings was to conduct the business of the City.  She referred to a letter from Arne Simonsen in the Daily Ledger on this same issue.

Allen Payton announced his candidacy for Mayor of the City of Antioch in the November, 2000 election.

Martha Henry stated she was pleased that AB 2929 passed out of Committee and urged the communities continued support of this item.

Carmen Ochoa discussed a situation that occurred at the Antioch Animal Shelter involving the adoption of a kitten that had been spayed, and after complications arose, had to be euthanized.  She requested the City look into this matter.

COUNCIL REGULAR AGENDA

  1. REQUEST BY VERNE ROBERTS TO RELOCATE U. S. CONSTITUTION PLAQUES TO RIVERVIEW UNION HIGH SCHOOL MUSEUM

Public Works Director Brandt presented the staff report dated June 20, 2000, recommending the City Council direct staff as to Council's desired course of action.

Verne Roberts gave a brief history of the Committee's efforts to educate Antioch students by offering school tours of the Antioch Rivertown Historical Museum where the plaques would be displayed, stipulating that these tours would be free of charge.

Joel Keller thanked the City Manager for the recommendation to move the plaques.  He thanked Mr. Roberts and members of his Committee for their service to the community.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council voted unanimously to approve the relocation of the plaques to the Historical Society's Museum requesting staff to discuss with the Antioch Historical Society the possibility of a reciprocation program to bring art and artifacts to City Hall for display.

Mayor Rocha arrived and gave her apologies for being late this evening, noting she was at an event which conflicted with the City Council meeting.  She thanked Mayor Pro Tem Davis and Council Members for conducting the business of the City in her absence.

PUBLIC HEARINGS 

  1. RESOLUTION EXPRESSING COMMUNITY SUPPORT FOR INDUSTRIAL DEVELOPMENT BOND TO ALLOW A LOCAL, EXISTING BUSINESS AT 3810 DELTA FAIR BOULEVARD TO EXPAND, WITHOUT COST TO OR FINANCIAL OBLIGATION OF THE CITY OF ANTIOCH (BROWN COW, INC.)

Assistant to the City Manager Gegg presented the staff report dated June 6, 2000, recommending the City Council approve the Resolution authorizing the issuance of $400,000 in tax-exempt Industrial Development Bonds (IDB's); the issuance to be accomplished through the California Statewide Communities Development Authority for the purpose of purchasing equipment.

Mayor Rocha opened and closed the public hearing with no speakers requesting to speak.

RESOLUTION NO. 2000/83

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously approved the Resolution.

  1. APPEAL OF RESIDENTS OF SAINT CLAIRE DRIVE REGARDING PLANNING COMMISSION'S APPROVAL OF A USE PERMIT FOR GATEWAY CHRISTIAN CENTER LOCATED AT 1726 SAINT CLAIRE DRIVE (FILE:  UP-00-11/A)

Community Development Director Ward presented the staff report dated June 27, 2000, recommending the City Council deny the appeal, and uphold the decision of the Planning Commission regarding the church, preschool, and private elementary school.

Public Works Director Brandt discussed the situation with egress and ingress.  He stated at Council's direction, they would work with the applicant to complete East 18th Street and provide a Deferred Improvement Agreement for the eventual construction of St. Claire Drive.

City Attorney Galstan outlined procedure of the public hearing for the audience.

Mayor Rocha declared a recess at 8:36 P.M.  The meeting reconvened at 8:48 P.M., with all Council Members present.

Mayor Rocha opened the public hearing.

OPPONENTS

Don Burkard, speaking on behalf of the residents of St. Claire Drive, stated they felt the proposed use was unsafe, incomplete, and unworkable.  He noted their concerns included the lack of East 18th Street improvements, the construction of a two-lane road next to a dirt lane, the location of the deceleration lane, overflow parking from the site, and parents not dropping their children off on the school property as provided for in the approval.  He urged the City Council to listen to the neighbors and consider the facts before making a decision.

Michael Lantrip expressed his concern regarding the 45 MPH speed limit on East 18th Street, the location of the deceleration lane, and the height of the sound wall.

Carol Ray stated that she felt granting the proposed use permit for this property was a threat to public safety, and collaborated her concern with pictures of the current school bus drop-off area.  She read a passage from the General Plan regarding land use compatibilities, adding she did not feel this was the right location for a school.

Johnny Ray stated the use of modular buildings on this site would negatively impact their property values.  He also felt an independent environmental study should be prepared for this site, and questioned which assessment district would be paying for the site's sewer and water.

General

William Leroy expressed concern for potential traffic accidents occurring at this site.

Rich Trabold stated he felt there was not sufficient room for a church on this site, and was concerned about the negative impacts this project would have on property values.  He expressed his support of those speakers opposed to the project.

Carmen Ochoa stated that East 18th Street had enough traffic, noting previous fatalities near this proposed church should have been incorporated into the traffic report.  She felt this property should be preserved as a country setting.

Douglas Tokes noted the property was zoned single-family R-1, and the General Plan designation was Medium/Low Density, therefore this proposal required a modification of the General Plan to allow this church and it was unfair to the residents.   He felt the improvements to East 18th Street would need to be completed prior to occupancy should the Council deny the appeal and allow the project.

Jim Conley, speaking as a citizen, voiced his support of eliminating the two-lane road and provide a deceleration lane with egress and ingress to this site from East 18th Street.

PROPONENTS

Pastor Larry Navihon gave a brief history of the church.  He stated their new facility would be a benefit to the community by providing a preschool and elementary school.  He noted the modular buildings would be painted and trimmed.  He further noted, written within the framework of the student handbook would be a requirement to sign a parking agreement, stating students would be dropped off and picked up in the school's parking lot.  He stated they had honored the process and complied with staff's wishes.  He asked the church members in attendance to stand in support of this project, while he read a letter of support from Gwen Burnes.

Erik Hansen stated the church and school would enable them to reach out more to the community.  He encouraged the City Council to deny the appeal and approve their project.

Roxanne Cunningham stated that adding buildings and installing clearly-marked signs would increase visibility and improve the situation for safe entry and exit from St. Claire Drive.  She reviewed her letter of support contained within the staff report.  She requested the City Council deny the appeal and provide Gateway Christian Center with a new home.

Casey Allen stated the residents have valid concerns, noting he felt comfortable through the process that City staff and the traffic report had addressed those concerns.  He urged the City Council to move in favor of the Gateway Christian Center.

Gwen Burnes voiced her support of the Gateway Christian Center.

Mike Malody stated the Pastor could require the parents to drop-off and pick-up students in their parking lot, and felt the parking was adequate for this proposal, adding Antioch does not have a lot of sites available for churches and schools.  He noted the City's Traffic Engineer had devised a plan to address the traffic concerns and the six-month review would be adequate to address any future concerns.

REBUTTAL

Don Burkard felt the questions had not been answered and urged Council to weigh the issues and facts before deciding whether the site would be safe for the proposed use.

In response to Council Member Freitas, Pastor Navihon stated when the church/school grew beyond the bounds of their physical facility, they would implement multiple services.

Public Works Director Brandt clarified for Council Member Freitas that he felt this was a safe project on a major arterial, noting he did not share the concerns expressed regarding safety of egress in ingress into the site.

Discussion ensued regarding the blacktopped two-lane road with Council Member Freitas stating he would like to maintain the rural nature of St. Claire Drive while accommodating the proponents, suggesting egress and ingress from East 18th Street and deferring the two-lane road on St. Claire Drive.

City Manager Ramsey suggested a recess to provide staff time to word the Resolution to reflect Council Member Freitas' recommendations.

Mayor Rocha declared a recess at 10:24 P.M.  The meeting reconvened at 10:51 P.M. with all Council Members present.

RESOLUTION NO. 2000/84

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously approved the Resolution denying the appeal and upholding the decision of the Planning Commission approving the Use Permit with changes as prepared by the City Engineer and approved by Council as follows:

  1. That the applicant construct full improvements to East Eighteenth Street as approved by the City Engineer and that such improvements be completed prior to occupancy.

  2. That the applicant be responsible for the ultimate construction of one half of future St. Claire Drive adjacent to their property line and that a deferred improvement agreement and bond for such construction be provided prior to occupancy. Such deferred improvement will be called with the future widening of East Eighteenth St. or as required by the City Engineer.

  3. That access to the project be restricted to East Eighteenth Street until such time as St. Claire Drive is improved to its ultimate width.

  4. Project Specific Condition #22 be modified to read: "The elementary school enrollment will be limited to a maximum of 180 students."

  5. Project Specific Condition #22 be modified to read: "That all second floor windows shall be removed from the right elevation of the main church sanctuary building."

  6. Direction for staff to work with the School District and Post Office to improve student and mail delivery and pick-up.

  7. The deletion of Project Specific Conditions #41 and 43. 

COUNCIL REGULAR AGENDA CONTINUED

  1. RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2000‑2001 FISCAL YEAR

City Manager Ramsey presented the staff report dated May 18, 2000, recommending Council adopt the Resolution establishing the appropriations limit for the 2000-2001 Fiscal Year, pursuant to California Constitution Article XIII B.

RESOLUTION NO. 2000/80

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council voted unanimously to adopt the Resolution.

  1. ADOPTION OF FINAL BUDGET FOR 2000‑01, CAPITAL IMPROVEMENT BUDGET FOR 2000-01, AND CAPITAL IMPROVEMENT PROGRAM (2000-2005)

Finance/Leisure Services Director Tasker presented the staff report recommending the Council adopt the following:  Resolution approving and adopting an Annual Operating Budget and Capital Improvement Budget for Fiscal Year 2000-2001 and the 2000-2005 Capital Improvement Program and appropriating the funds necessary to meet the expenditures set forth therein and revising the 1999-2000 Operating Budget.

Captain Schwitters discussed the expenditures of the Animal Shelter, noting they recommend not proceeding with the major build-out of the facility at this time.  She stated the revised cost for the additional kennels received from the architect is $140,000.

Evie Viera provided written comments urging the City Council to reconsider the build-out of the additional kennels and increasing part-time hours of kennel attendants.

Barbara Sobalvarro urged the City Council to continue with the plans to do the original kennel enlargement to provide necessary space for large dogs.  She stated the Friends of Animal Services stand by their original proposal to have two full-time and five part-time kennel attendants and if the Council chooses not to provide the full-time positions, an eighth part-time position would be helpful.  She suggested a three-month review of the hiring status of the employees.  She stated they endorse the Humane Society of the United States Evaluation process and were willing to contribute financially.

Council Member Freitas requested staff return to this issue in October and include a discussion regarding the type of facility Council desires, staffing, evaluation of services, plus the issues regarding the financing of "A" and "G" Streets, the creation of an Economic Development Committee, the hiring of a grant writer, and the Civic Arts Commission.

Mayor Rocha stated she would prefer to provide the kennels and follow through with the Hayden Bill requirements.

Discussion ensued regarding the build-out of the Animal Shelter.  City Manager Ramsey suggested the issue of the Animal Shelter build-out return to Council on September 12, 2000, and include the consideration of the suggested wage increase for kennel attendants.  He assured Mayor Rocha the City was in compliance with the Hayden Bill.

RESOLUTION NO. 2000/81

On motion by Council Member Soliz, seconded by Council Member Davis, the Council unanimously adopted the Resolution approving and adopting an Annual Operating Budget and Capital Improvement Budget for Fiscal Year 2000-2001 and the 2000-2005 Capital Improvement Program (PW 150), and appropriating the funds necessary to meet the expenditures set forth therein and revise the 1999/2000 Operating Budget.

  1. GENERAL PLAN UPDATE

Community Development Director Ward presented the staff report dated June 22, 2000, recommending the City Council adopt the Resolution and map establishing the City's Planning Area for the purpose of the General Plan update.

RESOLUTION NO. 2000/82

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously adopted the Resolution and map with the stipulation the map be revised to clearly indicate the areas and the numbers in the RFP, and insure the map be consistent with those numbers.

  1. URGENCY ORDINANCE ADDING PARAGRAPHS (C) AND (D) TO SECTION 4-5.1204 OF THE ANTIOCH MUNICIPAL CODE, DEALING WITH PARKING ON CITY-OWNED PROPERTY

City Attorney Galstan presented the staff report dated June 15, 2000, recommending the City Council adopt the Urgency Ordinance.

ORDINANCE NO. 974-C-S

On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously adopted the Ordinance.

  1. ORDINANCE AMENDING SECTION 2-1.206 OF THE ANTIOCH MUNICIPAL CODE, DEALING THE COUNCIL MEMBER SALARIES AND RESOLUTION ADJUSTING AND ESTABLISHING CAR ALLOWANCE RATE FOR THE MAYOR

Mayor Rocha presented the staff report recommending the formation of a citizen's advisory panel to study the issue of Mayor and Council Member salaries and report back.

On motion by Council Member Soliz, seconded by Council Member Davis, the Council directed the Mayor to appoint a subcommittee to review and provide a recommendation for action on August 8, 2000.  The motion carried by the following vote:

AYES:  Rocha, Davis, Soliz
NOES:  Freitas

  1. LEGISLATION AND ADVOCACY

Mayor Rocha announced AB 2929, regarding the BART buy-in, was out of the Senate Committee and would go on the floor, possibly in August or September.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council voted unanimously to receive and file the report.

  1. COUNCIL CONSENT CALENDAR

  1. APPROVAL OF COUNCIL MINUTES:  May 23 (Study Session and Regular) and June 6, 2000

  2. APPROVAL OF COUNCIL WARRANTS

  3. TREASURER'S REPORT MAY 2000

  4. REJECTION OF CLAIMS

1. Claim of Walter Steward, #00/01-1156

2. Claim of Vicki Mister, #00/01-1158

  1. RESOLUTION NO. 2000/85 & 2000/86 ESTABLISHING CONSOLIDATION OF GENERAL MUNICIPAL ELECTION WITH OTHER ELECTIONS TO BE HELD ON THE NOVEMBER 7, 2000 REGULAR ELECTION DATE AND RESOLUTION ESTABLISHING POLICY FOR CANDIDATE'S STATEMENT

  2. RESOLUTION NO. 2000/87 APPROVING JOB TITLE NAME CHANGE FROM KENNEL ATTENDANT TO ANIMAL CARE ATTENDANT

  3. AUTHORIZE CITY ENGINEER TO SIGN AN ENCROACHMENT PERMIT FOR ACCESS OFF "L" STREET RELATED TO HORIZONTAL DRILLING OPERATION AND ASSOCIATED MITIGATION OF IMPACTS

  4. RESOLUTION NO. 2000/88 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR EAST 18TH STREET WIDENING AND UTILITY UNDERGROUNDING FROM "A" STREET TO EVERGREEN AVENUE (PW 225-10E)

  5. RESOLUTION NO. 2000/89 ACCEPTING COMPLETED IMPROVEMENTS FOR LONE TREE ESTATES, UNIT 5, TRACT NO. 8120 (DAVIDON HOMES) (PW 572-5) AND AUTHORIZING THE MAYOR TO SIGN A DEFERRED IMPROVEMENT AGREEMENT FOR LONE TREE ESTATES, UNIT 5, TRACT NO. 8120 (PW 572-5)

  6. RESOLUTION NO. 2000/90 & 2000/91 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND RESOLUTION ACCEPTING GRANT DEED FOR ONE-FOOT STRIP FOR SAND CREEK RANCH, UNIT 1, (MC BAIL COMPANY), TRACT NO. 8114 (PW 639)

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council voted unanimously to approve the Consent Calendar, with the exception of Item #10-D-1, which was deleted at the request of City Attorney Galstan.

  1. AGENCY CONSENT CALENDAR

  1. APPROVAL OF AGENCY MINUTES:  May 23, 2000

  2. APPROVAL OF AGENCY WARRANTS

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency voted unanimously to approve the Agency Consent Calendar.

AGENCY REGULAR CALENDAR

 

  1. RESOLUTION ADOPTING THE 2000-01 ANTIOCH DEVELOPMENT AGENCY ANNUAL BUDGET AND REVISING THE 1999-00 ANNUAL BUDGET

RESOLUTION NO. ADA-371

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency voted unanimously to adopt the Resolution.

  1. STATUS REPORT ON EAST COUNTY ONE STOP CAREER CENTER AT 218 "I" STREET

Administrative Analyst Heller provided the staff report dated June 21, 2000, recommending the City Council direct staff as to their desired course of action regarding the East Bay Works (One Stop) Career Center upon its lease expiration in September, 2000.

Ronald Wetter stated they would be looking at other options and keep the City advised as to how they would deploy a reduction in resources.

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency voted unanimously to affirm the expiration of September 30, 2000 for the existing two-year lease.

Mayor Rocha adjourned to the Public Finance Authority.

 

PUBLIC FINANCE AUTHORITY REGULAR AGENDA

 

  1. RESOLUTION ADOPTING THE PUBLIC FINANCING AUTHORITY 2000‑01 ANNUAL BUDGET

RESOLUTION NO. 2000/92

On motion by Public Finance Authority Member Soliz, seconded by Public Finance Authority Member Freitas, the Public Finance Authority unanimously adopted the Resolution.

Mayor Rocha adjourned to the City Council.

PUBLIC COMMENTS

Barbara Sobalvarro thanked the City Council for the vote on the Consent Calendar to change the job title from Kennel Attendant to Animal Care Attendant.

COUNCIL REPORTS/COMMUNICATIONS

 

None.

 

STAFF COMMUNICATIONS

 

City Manager Ramsey presented a flyer announcing a fishing derby in Antioch to be jointly sponsored by the City of Antioch and the California Striped Bass Association.

 

Captain Schwitters requested clarification regarding the evaluation of the Animal Shelter, noting the Police Department had entered into a contract with Jody Bachman, National Shelter Management, a member of the American Humane Association, to provide a partial evaluation.

 

City Manager Ramsey stated Chief Moczulski had recommended going in the direction of the National Shelter Management evaluation.  Council Member Davis affirmed his faith in the Chief and his decision and accepted his recommendation.

 

ADJOURNMENT

 

With no further business, Mayor Rocha adjourned the meeting at 12:28 P.M. to the next regular meeting on July 11, 2000.

 

Respectfully Submitted:

L. Jolene Martin, City Clerk