ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
Regular Meeting October 24,2000
7:00 P.M. Council Chambers
CLOSED SESSION C CONFERENCE WITH LABOR NEGOTIATOR. City Negotiator: Yanie Chaumette. Employee Organization: Antioch Police Officers' Association. This Closed Session is authorized by Government Code '54957.6.
Mayor Rocha called the meeting to order at 7:07 P.M. in memory of Dr. Edith Lowenstein; City Clerk Martin called the roll.
Present: Council Members Freitas, Soliz and Mayor Rocha
Excused: Council Member Davis
PLEDGE OF ALLEGIANCE
Boy Scout Troop #159 led the Council and audience in the Pledge of Allegiance and introduced themselves to the Council.
Homeless Awareness Month, November 2000
Hospice Month, November 2000
Red Ribbon Week, October 22B28, 2000
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council Members present unanimously approved the proclamations.
Mayor Rocha presented Michelle Beasley, with the proclamation proclaiming November 2000 as "Homeless Awareness Month." Michelle Beasley on behalf of the clients of Shelter, Inc. and the Association of Homeless and Housing Service Providers accepted and thanked the Council for the proclamation. She gave a brief update on their efforts to overcome homelessness. She presented each Council Member with a homeless resource binder.
Council Member Freitas presented Mrs. Shirley Marchetti with the proclamation proclaiming October 22B28, 2000 as "Red Ribbon Week." Mrs. Marchetti thanked the Council for the proclamation and their support. She presented each member with a red ribbon.
Mayor Rocha stated she would be presenting Lamont Campbell with the proclamation for Hospice Month at a future time.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Jean Kuberra urged the community to vote on November 7, 2000 and voiced her support for Antioch Mayoral candidate Paul Goulart.
Garry Holman discussed the recent passing of his father- in-law Werner Gantz, and honored his contributions to the City of Antioch.
Ralph Hernandez, Chairperson for Citizens of Democracy, endorsed and supported Federal Glover=s candidacy for Supervisor urging East County voters to support him. He offered his condolences to the Werner Gantz and Lowenstein families.
Michael Malody thanked Council Member Soliz and Dave Williamson for producing the Blues Festival noting it was a wonderful event.
Jim Boccio, speaking on behalf of the Antioch Historical Society, thanked the Council for supporting them with a matching fund program to pay off their mortgage. He invited the community to a burning of their mortgage and dedication of their Historical Stone Monument and Plaque on November 4, 2000 at 10:13 A.M.
Barbara Sobalvarro clarified for members of the public the discussion/report on Animal Services was scheduled for the next City Council meeting on November 14, 2000.
Luna Terranova, speaking on behalf of the Drama Department of Antioch and Deer Valley High Schools, invited the community to a joint production of Romeo and Juliet to be performed at Deer Valley High School beginning on October 26, 2000 at 7:00 P.M.
Paul Goulart invited the public to visit his website and provided contact numbers for anyone interested in his campaign for Mayor of Antioch. He requested Council Member Freitas and Davis call him back.
Jean Kuberra questioned the accuracy of Mayor Rocha's candidate statement regarding her educational background and Measure "U."
Ed McMunn recognized and thanked Mayor Rocha for her efforts to host a forum on BART. He thanked Joel Keller, City Manager Ramsey, and Council Member Freitas for their participation in the event.
COUNCIL REGULAR AGENDA
ANTIOCH RIVERTOWN BUSINESS ASSOCIATION PROPOSAL FOR DOWNTOWN PERFORMING ARTS THEATER FEASIBILITY STUDY
City Manager Ramsey presented the staff report dated October 19, 2000, recommending the City Council adopt the Resolution in support of the Performing Arts Feasibility Study, an undertaking of the Antioch Rivertown Business Association.
Rich Carraher, President of the Antioch Rivertown Business Association, discussed the goals of the Association for downtown revitalization.
Nordyn Anderson introduced John Lynn, representing Venuetech Management Group. Mr. Lynn discussed their plans to work with the community to create a business plan aimed at returning the Campanil Theater to its original function, a performing arts theater.
Rick Carraher thanked Calpine Corporation for their generous donation to the project and their support of community based projects.
Doug Buchanan, representing Calpine Corporation, stated his company was and would continue to participate in community based projects as they had promised. He then presented the Rivertown Business Association with a check for $25,000.00.
Pastor Scott Brooks, representing the current Campanil Theater tenant, Fortress Christian Center, stated the church was concerned they would have difficulty finding a suitable facility to relocate their church and urged the Economic Development Department to help faith based organizations in their search for suitable church locations.
RESOLUTION NO. 2000/133
On motion by Council Member Soliz, seconded by Council Member Freitas the Council unanimously adopted the Resolution.
Mayor Rocha declared a recess at 8:00 P.M. the meeting reconvened at 8:16 P.M., with those members in attendance present.
FIRST ASSEMBLY OF GOD CHRISTIAN CHURCH IS REQUESTING AN APPEAL TO THE PLANNING COMMISSION'S DENIAL OF THEIR APPLICATION FOR APPROVAL OF A USE PERMIT AND MINOR SUBDIVISION FOR THE LIGHTHOUSE CHRISTIAN CENTER TO CONSTRUCT A NEW 35,580+/- SQUARE FOOT CAMPUS FACILITY, WHICH INCLUDES A CHURCH, A PRE-SCHOOL AND DAYCARE, YOUTH CENTER AND MULTIPURPOSE CLASSROOM BUILDING ON A VACANT SITE APPROXIMATELY 4.37 ACRES LOCATED ON THE NORTH SIDE OF LONE TREE WAY, APPROXIMATELY 180 FEET WEST OF THE DALLAS RANCH ROAD/ EAGLERIDGE DRIVE INTERSECTION. FILE: UP-00-14/A, PW 357-302-00
Associate Planner Albro presented the staff report dated October 24, 2000, recommending the City Council deny the appeal, and uphold the decision of the Planning Commission denying the church and its associated uses.
Economic Development Director Naffah discussed the negative impacts of a church use in an area designated business park. He stated he was willing to work with the church to find a site suitable for church related uses within the community.
Pastor Duane Jenner reviewed a letter in support of Lighthouse Christian Center Church's appeal of the Planning Commission's denial of their application. He discussed their timelines for the pre-school and school, noting they believed they could fill a school K-5th grades in four years.
Mimi Dobrich, representing the property owners of the 18-acre parcel, discussed the assessments on the property. She stated they felt the sale of the 4.5-acre parcel to the Lighthouse Christian Center would not disrupt the future sale of the remainder of the parcel and urged the Council to be a partner in the development of this property.
Scott Dillinger, Mamie Hocker, Marisa Angeles, Linda Miller, Lisandra Zaste, Rona Abad, Reverend Ronald Abad, and Mike Malody spoke in support of the appeal noting they felt the church and associated uses would provide a much needed positive impact for the families of the community. They urged the City Council to reverse the decision of the Planning Commission and approve the use permit.
The following speakers did not wish to speak but provided written comments in support of the church: Tina Marie Tanyag, Roberto Motla, Marijanno Visser, Janet Costa, Erica Miller, Juanita Dellinger, Teresa Dellinger, Wellsair Younger, Jaime Gonzalez, Anna Combs, Katie Goodman, Colleen Martin, Dan Nathor, Grant Greer, Doug Gustafson, Tristan Gustafson, Jaime Pierce, Mike Holser, Brandon Reeves, Carson Curcini, Henry Dauber, Derek Miller Sr., Stephen Jennings, Deshan Batchan and Traci DeLuna.
Arne Simonson voiced his opposition to a church use on a commercially zoned property in a prime location.
Douglas Tokes stated he felt the church, who would not be paying property taxes, would have an unfair cost advantage over private enterprises and be a burden to Antioch taxpayers.
Pastor Duane Jenner stated he felt their facility would bring jobs and much needed services to the City of Antioch, noting this facility would be an extension of their current site. He further noted he felt the church would have a positive impact on the property encouraging future development.
Mayor Rocha closed the public hearing.
Economic Development Director Naffah discussed the importance of providing good paying jobs within the community.
Community Development Deputy Director Carniglia stated staff had informed the applicant when the application was submitted, they would not be supporting the application due to the impact this use would have on the property from an economic development standpoint.
Council Member Soliz and Council Member Freitas discussed the importance of maintaining this site for future economic development. They urged the City to work toward setting aside appropriate properties within the City for churches and their associated uses.
A motion by Council Member Freitas, seconded by Council Member Soliz to deny the appeal and directing staff to continue working with the applicant for an appropriate location, failed by the following vote:
Ayes: Freitas, Soliz
City Attorney Galstan explained the Antioch Municipal Code states if a member of the Council requests an item be brought back or if there was an insufficient vote the matter could be continued.
Mayor Rocha stated she would like Council Member Davis to have the opportunity to vote on this item and requested a continuance to the meeting of November 28, 2000.
City Attorney Galstan stated Council Member Davis would have the opportunity to view the video tape of the public hearing on this item; this item would be re-agendized, (the public hearing is and will remain closed) allowing the full Council the opportunity for discussion.
Council Member Soliz requested to see the section from the Antioch Municipal Code specifically stating an item with these circumstances could be automatically continued.
Mayor Rocha declared a recess at 10:01 P.M. the meeting reconvened at 10:15 P.M., with all attending Members present.
City Attorney Galstan stated Section 2-1.104 of the Antioch Municipal Code states you need three (3) votes to pass any motion and the final sentence to that section states, "The Mayor or any member of the Council may request that another vote be taken or that the item be continued to a future meeting."
Mayor Rocha stated this item would be brought back on November 28, 2000.
Council Member Soliz stated even if Council Member Davis returned with a yes vote the result would not change, unless either Council Member Freitas or he were persuaded to change their vote. If neither could be persuaded to change his vote, the Council would still be deadlocked with a 2-2 vote, the appeal would not pass, and the Planning Commission decision for denial would be upheld.
City Attorney Galstan stated that if the vote resulted in a 2-2 split there would be a final opportunity to request a continuance to a date in 2001 with a five-member Council.
RESOLUTION APPROVING AGREEMENT WITH LSA ASSOCIATES, INC. TO PREPARE THE ANTIOCH GENERAL PLAN UPDATE AND ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND APPROPRIATING FUNDS
Associate Planner Oshinsky presented the staff report dated October 18, 2000, recommending the City Council adopt the Resolution approving the agreement with LSA, Inc. to prepare the Antioch General Plan update and appropriating additional funds.
Lloyd Zola, representing LSA Inc., provided a brief presentation regarding the various planning and environmental work involved in the General Plan update. He noted they would be talking to the community through a variety of workshops and would encourage public participation.
Council Member Freitas discussed the importance of creativity within the document specific to creating a balance within Antioch.
In response to Council Member Freitas, Lloyd Zola reviewed approaches his firm would take to address specific concerns of the community.
Community Development Deputy Director Carniglia stated staff's attraction to LSA, Inc. was their pragmatic approach to General Plan work.
Jean Kuberra stated she felt the Resolution should be revised to include verbiage stating the proposed consultant be required to form a citizens' committee-at-large to work on the General Plan.
Associate Planner Oshinsky stated the Resolution would be corrected to include the sum of $25,000 to be utilized from Community Development Block Grant funds to complete the Housing Element related work.
Community Development Deputy Director Carniglia noted there would be a number of points along the way when public comment and participation will be needed. Lloyd Zolo added they typically would request City staff or the City Council to identify those citizens who would represent all sides of each issue to participate in the workshops.
RESOLUTION NO. 2000/134
On motion by Council Member Soliz, seconded by Council Member Freitas, the Council unanimously approved the Resolution with the following amendment:
BE IT FURTHER RESOLVED, that the additional General Fund appropriation of $120,532 is authorized to provide necessary consultant services and that staff is directed to utilize $25,000 of Community Development Block Grand funds for the purpose of completing Housing Element related work.
REVIEW OF NOISE STUDY FOR THE SKATE PARK FACILITY AT PREWETT FAMILY PARK (PW 394-15A)
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council members present unanimously continued this item to November 14, 2000.
LEGISLATION AND ADVOCACY
Council Member Freitas stated he felt the BART meeting held October 17, 2000, provided valuable information and commended Mayor Rocha for bringing the parties together. He voiced his support of the Mayors of Eastern Contra Costa Counties, the new Supervisor, and the representatives from BART meeting to discuss some of the issues pertaining to BART and light rail service.
COUNCIL CONSENT CALENDAR
APPROVAL OF COUNCIL MINUTES - October 10, 2000
APPROVAL OF COUNCIL WARRANTS
APPROVAL OF TREASURER'S REPORT - AUGUST and SEPTEMBER, 2000
ORDINANCE ADDING SECTION 9-5.3828.1 TO THE ANTIOCH MUNICIPAL CODE, DEALING WITH OUTDOOR RETAIL SALES
CONSIDERATION OF BIDS FOR RIVERTOWN RESOURCE CENTER RESTROOM REMODEL AT 301 WEST TENTH STREET (PW 289-14A)
RESOLUTION NO. 2000/137 APPROVING PROGRAM SUPPLEMENT AGREEMENT NOS. 002-M AND 003-M TO ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL AID PROJECTS NO. 04-5038 FOR TRAFFIC SIGNAL INTERCONNECT PROJECTS (PW 641)
RESOLUTION NO. 2000/138 ACCEPTING COMPLETED IMPROVEMENTS FOR DIABLO EAST SUBDIVISION, UNIT 9, TRACT NO. 8191 (HPH HOMEBUILDERS) (PW 571-9)
RESOLUTION NO. 2000/139 ACCEPTING COMPLETED IMPROVEMENTS FOR BLACK DIAMOND KNOLLS SUBDIVISION, UNIT 10, TRACT NO. 7824 (PULTE HOME CORP.) (PW 580-10)
RESOLUTION NO. 2000/140 ACCEPTING COMPLETED IMPROVEMENTS FOR DEERFIELD SUBDIVISION, UNIT 10, TRACT NO. 7285 (PONDEROSA HOMES, INC.) (PW 487-10)
On motion by Council Member Freitas, seconded by Council Member Soliz, the Council members present unanimously approved the consent calendar with the exception of Item D.
On motion by Council Member Soliz, seconded by Council Freitas, the Council members present continued Item D to November 14, 2000.
Allen Payton discussed a recent article in the Daily Ledger regarding BART, noting he felt it was important to continue to support buying the right-of-way for the median on Highway 4 and a BART extension to Antioch. He stated he felt it was time to put the pressure on Sacramento and Washington D.C. to provide East County with the money needed. Having paid the extra tax for 30 years should entitle East County to the right to receive the money.
Council Member Freitas stated he had made his position known, if BART could provide only one extension, it should be at Hillcrest; Highway 4 should be expanded to eight lanes with a BART median. He noted discussions had begun to find alternatives for immediate relief on Highway 4.
Council Member Soliz gave a brief report on the success of the Blues Festival thanking the community and sponsors for their participation in the event.
City Manager Ramsey stated he would be requesting a work session regarding the addition of a clubhouse, restaurant and banquet facility at the Lone Tree Golf Course and the possible annexation of the Southern Energy area into the City of Antioch. Following discussion City Manager Ramsey stated he would discuss the date of November 13, 2000 for the workshop with Council Member Davis.
With no further business, Mayor Rocha adjourned the meeting in memory of Edith Lowenstein at 11:02 P.M., to the next regular meeting on November 14, 2000.
Respectfully Submitted: L. JOLENE MARTIN, City Clerk