ANTIOCH CITY COUNCIL

ANTIOCH DEVELOPMENT AGENCY

Regular Meeting November 28, 2000

7:00 P.M. Council Chambers

6:30 P.M.

CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL.

Significant exposure to litigation pursuant subdivision (b) of Government Code Sec. 54956.9. (One matter.)

Mayor Rocha called the meeting to order at 7:08 P.M., and City Clerk Martin called the roll.

Present: Councilmembers Freitas, Soliz and Mayor Rocha

Excused: Mayor Pro Tem Davis

Mayor Rocha announced the recent passing of Murney Bell noting his services at St. George Episcopal Church in Antioch.

PLEDGE OF ALLEGIANCE

Mayor Rocha led the Council and audience in the Pledge of Allegiance.

PROCLAMATIONS

Holiday De‑Lites Celebration, December 2, 2000

On motion by Councilmember Soliz, seconded by Councilmember Freitas, the Councilmembers present unanimously approved the proclamation.

Mayor Rocha presented a proclamation to Helen Hewett proclaiming December 2, 2000, as Holiday De‑lights Celebration 2000. Ms. Hewett stated events would begin at 11:00 A.M. on December 2, 2000; she presented the Council with gift bags and thanked the sponsors and City of Antioch for their support.

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

None

PUBLIC COMMENTS

Elvin Scott discussed his recent meeting with the Internal Revenue Service. He reviewed his efforts to protect pension funds noting he would be attending the Holiday De Lights Celebration to provide information.

Kim Hardester announced the Theater Ballet of San Francisco's upcoming performance of the Nutcracker at Pittsburg High School. She introduced several performers and presented Council with tickets thanking them for their support.

Barbara Sobalvarro, speaking on behalf of the Friends of Animal Services, affirmed the continued commitment of the organization to the service of the animals at the Antioch Animal Shelter.

Paul Goulart congratulated Mayor Elect Don Freitas and thanked those in the community who had supported him during his campaign. He provided a website address and a contact number for the community. He wished the community a happy holiday.

Jean Kuberra stated she hoped Councilmember Davis would be well soon. She discussed agenda item #1 noting the closing of this Public Hearing prior to public discussion usurped Council=s authority.

COUNCIL REGULAR AGENDA

1. 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 DAY CARE, 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' WEST OF THE DALLAS RANCH ROAD/EAGLERIDGE DRIVE INTERSECTION. FILE: UP‑00‑14/A, PW 357‑302‑00

#202‑10

City Attorney Galstan stated the last time Council heard this item, there was a split vote of 2‑1, with one member absent. He stated the Antioch Municipal Code requires three affirmative votes to overturn a decision of the Planning Commission. He further stated although the public hearing portion was closed, the remainder of this item had been continued to this evening. Due to Councilmember Davis= excused absence this evening, the church had agreed to continue this item to an open public hearing on February 13, 2001.

Councilmember Soliz stated he felt the appeal=s failure to win approval at the previous meeting should automatically revert to the original decision of the Planning Commission. He noted there was not enough information to support a continuance of this item.

City Attorney Galstan stated it was recommended the City Council continue this item to allow the full Council the opportunity to decide this matter.

Councilmember Freitas agreed with Councilmember Soliz adding he felt the new Council should be made aware of the entire situation prior to voting, in case of possible litigation. He stated he would continue to oppose the application at this location.

Mayor Rocha encouraged the Councilmembers to allow the new Council to make the decision.

Councilmember Soliz stated he would support the motion to continue the Public Hearing, thus ensuring City's legal defenses were intact. He further stated when this item returned to Council in February 2001, he felt it should not be approved, emphasizing the improper land use for the parcel in question.

On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Councilmembers present unanimously continued the open Public Hearing to February 13, 2001.

2. RESOLUTION OF NECESSITY FOR ACQUISITION OF RIGHT‑OF‑WAY FOR "A" STREET EXTENSION BY EMINENT DOMAIN PROCEEDINGS #1102‑04

City Manager Ramsey stated item B, the adoption of the resolution of necessity, which requires four votes, was impacted by the absence of Councilmember Davis. City Attorney Galstan recommended Council approve item A and continue item B to January 9, 2001.

On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Councilmembers present unanimously adopted the resolution approving the Negative Declaration for the "A" Street extension amending the Mitigation Monitoring and Reporting Program to include: A) Complete Landscape Improvements: Plant evergreen vines to cover major face elements of a Criblock wall on both sides of AA@ Street between Stations 15 and 23. Wall to blend in with adjacent wetland vegetation.

RESOLUTION NO. 2000/149

On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Councilmembers present unanimously approved the Negative Declaration for the AA@ Street extension; and, continued item AB@ to January 9, 2001.

3. RESOLUTION ACCEPTING THE PROPOSAL FROM HARRIS & ASSOCIATES FOR ASSESSMENT ENGINEERING AND PUBLIC INFORMATION OUTREACH SERVICES RELATED TO THE UPCOMING LIGHTING AND LANDSCAPE BALLOT (PW500) #806‑03

Public Works Deputy Director Bernal presented the staff report dated November 21, 2000, recommending the City Council authorize the City Engineer to execute a contract with Harris & Associates to perform Assessment Engineering and Public Information and Outreach Services related to the FY 2001/2002 Proposition 218 Lighting and Landscaping ballot.

In response to Councilmember Freitas, Public Works Deputy Director Bernal clarified the scope of work for public meetings would be downsized to 8‑10 meetings, media relations and the depth of the community presentations would be downscaled to accommodate the lower budget.

Mary Grace Possin, representing Harris and Associates, stated their approach would be to do the opinion survey, work with the established stakeholder groups, and build on the results of the opinion survey to effectively tailor outreach to the neighborhoods. She noted that within the mailing budget for the assessment ballots, they had allowed for public information flyers and anticipated being able to use effective press releases and less expensive public awareness strategies to make the community aware of the meeting dates.

Councilmember Freitas discussed the importance of taxpayers= dollars being used for educational purposes and not to sway the public=s opinion one way or the other.

City Attorney Galstan stated there were guidelines set by the Fair Political Practice Commission and staff would be sure the consultants had those in hand. He noted he would be providing ongoing legal review as the process proceeded.

In response to Mayor Rocha, Ms. Possin stated they would be providing bilingual translation of ballot materials.

Public Works Director Brandt assured the Council there would be a multitude of meetings with Council to ensure direction to move forward with the process.

Jean Kuberra stated she felt this use of taxpayers= dollars had the potential of being used for a cause to force taxpayers to agree with the final ballot. She urged the public to boycott the meetings and not to response to any surveys.

City Manager Ramsey emphasized this was an educational effort and would be reviewed from a legal point of view.

RESOLUTION NO. 2000/150

On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Councilmembers present unanimously approved the resolution with the following addition - a presentation would come back to the City Council regarding the public education and outreach program after the public opinion survey and analysis had been completed.

4. LEGISLATION AND ADVOCACY #701‑04

On motion by Councilmember Freitas, seconded by Councilmember Soliz the Councilmembers present unanimously received and filed the report.

Mayor Rocha declared a recess at 8:04 P.M. The meeting reconvened at 8:13 P.M. with all members in attendance present.

5a. RESTAURANT DEFINITION CATEGORIES #204‑01

Associate Planner Oshinsky presented the staff report dated November 22, 2000, recommending Council adopt the resolution approving restaurant definition categories.

Lux Taylor stated flexibility was important and the City should not try to differentiate between sit down restaurants. He felt resolution AB@ was a better alternative than resolution AA.@

Councilmember Soliz stated future Councils would need to have the flexibility to make a decision in the best interest of the City based on the Antioch=s ever-changing demographics.

Councilmember Freitas commended staff on providing a well thought out staff report and noted he felt the City Council had an obligation to have a vision for the City and strive to implement that vision.

RESOLUTION NO. 2000/151

On motion by Councilmember Freitas, seconded by Councilmember Soliz the Councilmembers present unanimously approved resolution B.

PUBLIC HEARINGS

5b. TAYLOR PROPERTIES REQUESTS APPROVALS FOR A FINAL DEVELOPMENT PLAN FOR AN OFFICE DEVELOPMENT WITHIN PHASE 4 INCLUDING A LIGHTING PLAN FOR BOTH PHASES 3 AND 4 AND A USE PERMIT TO ALLOW RESTAURANT USES AND CHILD CARE WITHIN THE OFFICE DESIGNATION OF THE GENERAL PLAN ON PROPERTY LOCATED WEST OF THE NORTHWEST CORNER OF LONE TREE WAY AND HILLCREST AVENUE (WILLIAMSON RANCH PLAZA) (PD‑00‑02, UP‑00‑15A) #202‑03

Mayor Rocha opened the public hearing.

Associate Planner Oshinsky presented the staff report dated November 20, 2000, recommending City Council: 1) Adopt the resolution approving a Final Development Plan for lighting on Phases III and IV of the Williamson Ranch Plaza; 2) Adopt the resolution approving a Final Development Plan for Phase IV of the Williamson Ranch, and; 3) Adopt the resolution approving a use permit to allow restaurants within the Office designation of the General Plan for the Williamson Ranch Plaza located approximately 1,750 ft. west of the northwest corner of Lone Tree Way and Hillcrest Avenue.

Lux Taylor thanked staff for their cooperation and providing flexibility with this application. He stated they had responded to the neighbors= concerns and reduced the height of the lighting poles to 22 feet in phases III and IV. He asked if there would be a push to expedite a use permit should they need to request a change to the restaurant categories.

City Attorney Galstan stated should the applicant desire to change restaurant categories they would need to apply for a new use permit, which could be heard by the Zoning Administrator. Community Development Deputy Director Carniglia added if it was an area of interpretation, staff could expedite the issue at the Planning Commission level, or take it to Council. Councilmember Freitas suggested this item not rest with the Zoning Administrator; he further urged the use permit to be heard by the Planning Commission and City Council.

Lux Taylor requested the restaurant square footage be flexible, thereby allowing them to use the designated 12,000 square feet in whatever configuration best suited the prospective restaurants.

Barbara Zivica provided suggestions regarding restaurants and retail vision from a survey she has conducted of the residents in Southeast Antioch.

Hector Nevarez thanked the applicant for addressing the neighbors concerns and reducing the height of the lighting in phase III and IV.

Mayor Rocha closed the Public Hearing.

RESOLUTION NO. 2000/152, 2000/153, 2000/154

On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Councilmembers present unanimously approved the resolutions with the following amendments:

Resolution No. 2000/154, Standard Condition #3 to read:

1. That this approval expire one year from date of approval, unless acted upon. (Expires November 28, 2001)

Resolution No. 2000/154, Project Specific Condition #21 to read:

1. That the two proposed freestanding restaurants (Pads C and D) shall include restaurant categories as reflected in item 5A (Resolution 2000/151 adopted November 28, 2000). The size of restaurants shall be within a range of greater than 3,000 sq. ft. and up to a combined total of 12,000 sq. ft.

Mayor Rocha declared a recess at 8:55 P.M. The meeting reconvened at 9:04 P.M. with all members in attendance present.

6. TAIT & ASSOCIATES, INC./ARCO AM‑PM REQUEST AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A USE PERMIT AND MINOR SUBDIVISION FOR AN AUTOMOBILE SERVICE STATION (ARCO AM‑PM) INCLUDING 2,800 SQUARE FOOT FOOD MART, TWO (2) COMMERCIAL BUILDINGS, EACH 7,200 SQUARE FEET IN SIZE, AND A MINOR SUBDIVISION TO CREATE A .8 ACRE SITE FOR THE AM/PM FACILITY FROM THE APPROXIMATELY 3 ACRE ORIGINAL SITE. THE PROJECT IS LOCATED ON THE WEST CORNER OF HILLCREST AVENUE AND WILDFLOWER DRIVE. FILE: UP‑00‑25/A #202‑10

Associate Planner Albro presented the staff report dated November 21, 2000, recommending Council uphold the appeal, thereby reversing the decision of the Planning Commission, and approve the use permit for ARCO AM-PM service station, retail buildings, and minor subdivision.

Mayor Rocha opened the Public Hearing.

Frank Razi, speaking on behalf of the Farmandy Company, stated they felt this project would offer social and economic advantages, create jobs, increase the tax base and upgrade the urban setting. He assured Council if approved this would be a high quality project.

Pete Tobin, representing Tate and Associates, the architectural/engineering firm for the project, discussed the site plan. In response to concerns reflected in the staff report, he stated they felt the gas station would support the retail development, adding mitigation for the tanker truck route had been completed. He noted they were in agreement with all conditions of approval.

Ray Devlin, reviewed possible tenants for the retail and office portion of this development. He stated this was an awkward property and the combination of the proposed users would create the highest and best use for the property.

Chris Hickok, representing ARCO, reviewed the positive responses received from the community when Oakley AM/PM opened. He stated he felt the City and residents would benefit from an ARCO located in Antioch.

Todd Paradise, representing ARCO, discussed the advantages an ARCO at this location would bring to the community. He felt the City should encourage price leaders with the ability to bring value to the community, such as ARCO.

Ken Wickerham, representing ARCO, gave an overall view of the development of their company noting there was a concentrated effort to grow in the Bay Area.

Blythe Wilson, representing ARCO, urged the City to consider the need to provide additional services to respond to the growth of the City. He discussed the economic viability of the combined use of the convenience store and gas station.

Shah Wahidi, Ali Sheilchzadeh and Bob Mofrad voiced their support of the project stating they felt it would be beneficial to the residents.

Javad Soltani discussed the economical viability of the project and noted this site was located within a commercial zone.

Mayor Rocha closed the public hearing.

In response to Councilmember Freitas, Mr. Tobin reviewed the circulation plan for the gas station facility.

Discussion ensued regarding the layout of the gas station on the site with Councilmember Freitas stating he felt this project would be more esthetically pleasing if the gas station building were rotated to face Hillcrest Avenue. He requested staff work with the applicant regarding the sighting of the project and further information regarding the circulation plan.

Mr. Tobin agreed to work with staff on a reverse design of the project.

On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Councilmembers present unanimously continued this item with the Public Hearing open to January 23, 2001.

7. COUNCIL CONSENT CALENDAR

1. APPROVAL OF COUNCIL WARRANTS #401‑02

B. APPROVAL OF TREASURER'S REPORT October 2000 #401‑02

C. REJECTION OF CLAIM #704‑07

1. Claim of Michelle Belcourt, 21st Century Insurance, #00/01‑1198

1. CONSIDERATION OF BIDS FOR TRAFFIC SIGNAL INTERCONNECT AT LONE TREE WAY AND CLAYBURN ROAD (PW 641) #1104‑02

2. CONSIDERATION OF BIDS FOR WATER MAIN REPLACEMENT AND SEWER LINE RELOCATION AT VARIOUS LOCATIONS (PW 503‑7) #1202‑04

3. RESOLUTION NO. 2000/155 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF A PARKING LOT AT ANTIOCH COMMUNITY PARK (PW 394‑7P) #1402‑03

4. RESOLUTION NO. 2000/156 ACCEPTING PROPOSAL FROM GEORGE MIERS AND ASSOCIATES FOR PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE BUILDOUT OF THE SURGE AREA AT THE POLICE FACILITY (PW 590‑2) #902‑06

5. RESOLUTION NO. 2000/157 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR THE HILLCREST AVENUE WIDENING PROJECT (PW 276‑8) #1102‑04

1. RESOLUTION NO. 2000/158 AMENDING THE 2000‑01 BUDGET BY REALLOCATING ONE (1) SECRETARY I/II POSITION AT THE ANIMAL SHELTER TO A CUSTOMER SERVICE REPRESENTATIVE I/II AND REVISING CLASS SPECIFICATION FOR CUSTOMER SERVICE REPRESENTATIVE I/II #502‑02

1. RESOLUTION NO. 2000/159 AMENDING THE 2000‑01 BUDGET BY REALLOCATING THE POSITION OF ANIMAL SERVICES SUPERVISOR TO ANIMAL SERVICES MANAGER AND ESTABLISHING CLASS SPECIFICATION AND COMPENSATION #502‑02

2. RESOLUTION NO. 2000/160 AMENDING THE 2000‑01 BUDGET TO ADJUST COMPENSATION FOR ADMINISTRATIVE POLICE MANAGER #502‑02

3. RESOLUTION NO. 2000/161 AUTHORIZING THE MAYOR TO SIGN A DEFERRED IMPROVEMENT AGREEMENT WITH JOSLYN R. VIGIL (UP‑98‑30/A/V) #202‑10

4. RESOLUTION NO. 2000/162 APPROVING FINAL MAP AND IMPROVEMENT PLANS FOR HO PROPERTY, UNIT 8, (WOODSIDE HOMES OF CALIFORNIA, INC.), TRACT NO. 8230 (PW 569‑8) #802‑02

5. RESOLUTION NO. 2000/163 AUTHORIZING THE MAYOR TO SIGN A CONTRACT FORMALIZING A PARTNERSHIP BETWEEN THE ANIMAL RESCUE FOUNDATION AND THE CITY OF ANTIOCH #1302‑01

On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Councilmembers present unanimously approved the Consent Calendar.

1. AGENCY CONSENT CALENDAR

1. APPROVAL OF AGENCY WARRANT #401‑02

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency members present unanimously approved the Agency Consent Calendar.

AGENCY REGULAR AGENDA

1. RESOLUTION OF THE APPROVING LEASE AGREEMENT WITH CRANMER PROPERTIES, INC. (Vineyard Business Park) #902‑06

Economic Development Director Naffah summarized the lease agreement. He reviewed minor changes to the agreement in item #4 regarding the guidelines for tenants.

RESOLUTION NO. ADA‑374

On motion by Agency Member Soliz, seconded by Agency Member Freitas, the Agency members present unanimously approved the resolution.

PUBLIC COMMENTS

None

COUNCIL REPORTS/COMMUNICATIONS

Councilmember Soliz and Mayor Rocha wished Councilmember Davis a speedy recovery.

Councilmember Freitas stated the next City Council meeting on December 12, 2000 would include swearing in of the Mayor and new Councilmembers. He noted they would be discussing the issue of his vacancy from leaving the Council to the Mayor's seat. He further noted the reception planned at Humphrey's following the ceremony would not be funded by City dollars and invited the community to attend.

Mayor Rocha requested she be invited back for the Children's Memorial Park Tree Ceremony. She discussed the need for the community to get involved with non‑profit agencies and adopt families for the holidays. She stated she hopes Councilmember Freitas does not have to deal with the "Hernandite's" negative impacts and mis-education of the community. She noted she was looking forward to working with the City Council in the future and thanked the community for being supportive and participating in council meetings.

STAFF COMMUNICATIONS

None

ADJOURNMENT

With no further business, Mayor Rocha adjourned the meeting at 10:30 P.M. to the next regular meeting on December 12, 2000.