ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY

MEETING MINUTES

August 24, 1999
7:00 p.m.
City Council Chambers

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Pursuant to Government Code Section '54952.2, the City Council Agenda for August 24, 1999 was posted on the door of the City Council Chambers, Third and AH@ Streets on August 19, 1999.

Mayor Pro Tem convened the Closed Session at 6:35 P.M. with Members Soliz and Freitas present, Mayor Rocha absent and Member Sudario excused. With no members of the public wishing to speak regarding the Closed Session, Mayor Pro Tem adjourned to the Third Floor Conference Room.

CLOSED SESSION:  CONFERENCE WITH LABOR NEGOTIATOR. Agency Negotiator, Yanie Chaumette, Director of Personnel/Assistant City Attorney. Unrepresented employee:  City Clerk. This Closed Session is authorized by Government Code '54957.6 (Cancelled)

SUPPLEMENTAL AGENDA ITEM:

CLOSED SESSION:  CONFERENCE WITH LEGAL COUNSELBEXISTING LITIGATION.  Bay Area Addiction Research and Treatment, Inc. (B.A.A.R.T.) vs. City of Antioch, U.S. District Court #C 98-2651 SI (BZ). This Closed Session is authorized by Government Code '54956.9

The Closed Session was adjourned at 6:55 P.M. to the open session in the Council Chambers.

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

Present: Council Members Freitas, Soliz, Davis, and Mayor Rocha
Absent: Council Member Sudario, excused

ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS

Frank Palmeri announced the 15th Annual Coastal Clean-up, scheduled for September 18, l999 at the Antioch Marina, the Amtrak Station, and Rogers Point. He noted they were still recruiting volunteers and sponsors for the event.

Barbara Sobalvarro, on behalf of the Friends of Animal Services, announced the First Annual Ramble >Round the Reservoir Dog Walk, scheduled for Sunday, September 19, l999 from 10:00 A.M. to 2:00 P.M. at the Contra Loma Reservoir.

Jean Kuberra reminded the public East County Live airs each Thursday at 6:00 P.M., on Channel 25, discussing East County politics and projects. She further noted the NAACP was actively recruiting members for their organization.

PUBLIC COMMENTS

Karen Soliz announced a new television program, "Delta View" would be premiering September 3, l999 at 8:00 P.M. on Channel 25, stating it was a TV magazine with a focus on the Delta Area.

Lori Castillo, Member of Parent Voices, expressed concern regarding an article she had read in the Ledger Dispatch concerning child care at Kimball and Fremont Schools. She noted when locating child care facilities at a public school, the first priority should be serving the needs of the children attending that school. She stated the article mentioned the staff was more adept at working with toddlers and pre-schoolers, and felt the staff should have been hired to fit the needs of the school-age children. She felt the City should look at this issue to ensure the needs of all children were being served.

Jean Kuberra requested Council agendize a survey to determine the current job/housing balance, including the number of retail jobs. She felt it was important to honor the City=s requirement to comply with the October 27, l992 job/housing balance adopted as part of the General Plan. She further stated Council needed to agendize the City=s plans and time line for amending the General Plan. She then suggested Council appoint a task force to study the current "Speakers' Rules," and the importance of enforcing them equally. She commented the Ledger Dispatch should give advanced notice of upcoming Council meetings to encourage more public participation.

Elvin Scott gave an update on his organization's attempts to protect the pensions of all people, noting he had made meaningful progress with contacts to government officials who were listening to his plight.

George Derry discussed his concerns regarding the Senior Housing Project located on Hillcrest Avenue. He stated the project had caused his neighborhood a great deal of grief and frustration, which the developers of the project had ignored. He noted they were given the impression at the last Planning Commission meeting the developer was to immediately construct a sound wall on the property line, replacing their fences. He noted the sound wall had not been constructed, and was now planned to be placed off the property line, creating a space of approximately 18" between the existing fences and the sound wall. He stated there have been changes to the plans for construction without any notification to them. He requested Council=s help in ensuring the conditions of approval were enforced, and also noted the hours of construction had been violated.

Council Member Soliz stated he would like this item be agendized to allow Council the opportunity to look at the documentation provided and to look at the project site. He noted he needed more information if he was to effectively help the residents. Council Member Freitas stated he concurred with Council Member Soliz, and expressed concern regarding the allegation a Planning Commission directive was being ignored by City staff.

City Manager Ramsey stated to his knowledge, there were no conditions imposed by Planning Commission that had been ignored, but noted he would look into the matter and return with a report at the next Council meeting.

Robert Wagnon strongly urged all Council Members to visit the project site.

John Rosema noted the problem was the sound wall was currently being constructed, and felt once it is done, it would be to late to correct. He discussed the roof line, stating it was not constructed as originally planned, with a minimal obstruction of view for him and his neighbors. He urged Council to stop construction of the sound wall, until the issue could be addressed.

On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously agreed to place this item on tonight's agenda as an Urgency Item to allow for further discussion.

URGENCY ITEM: SENIOR HOUSING SOUND WALL CONSTRUCTION AT HILLCREST AND DAVISON

City Manager Ramsey gave a brief history of the project, noting as the project had gone forward the project condition pertaining to the sound wall had been difficult to meet.

Community Development Director Ward gave a summary of the controversy regarding the sound wall. He stated the fences would not be constructed within the next few weeks, however, he noted the fence holes had already been drilled. He further stated Christian Church homes had agreed to place funds into an account, to be drawn upon by the property owners when they were ready to remove their fence and connect to the wall. He discussed the factors, such as grading issues, involved in deciding to place the wall 18 inches from the existing fences.

City Manager Ramsey clarified the history of this issue was originally to build the wall on the common property line. To do this, the contractor would have had to enter the private homeowners property. This brought forward the issue of who would accept liability for any damage that may have occurred to the private property owners' backyard during the construction of the fence. At which point, the private property owners were unwilling to allow the contractor to enter their property without knowing for certain who would be liable for any damage incurred.

Council Member Freitas suggested the contractor not be allowed to go forward with the construction of the fence until the issue was agendized and brought back to Council at the meeting of September 14, l999. The Council concurred.

Jean Kuberra discussed the issue of sound walls, stating sound walls do not actually absorb sound, but rather exacerbate the sound. She asked whether or not the proposed sound panels would actually absorb the sound.

COUNCIL REGULAR AGENDA
  1. ORDINANCE ADDING SECTIONS 6-8.11 THROUGH 6-8.21 AND SECTION 9-5.19 TO THE ANTIOCH MUNICIPAL CODE, THE TOBACCO-FREE YOUTH ORDINANCE

    2. City Attorney Galstan presented the staff report dated July 12, l999, recommending City Council introduce the Ordinance by title only; and introduce the Ordinance adding Sections 6-8.11 through 6-8.21 and Section 9-5.19 to the Antioch Municipal Code, the Tobacco-Free Youth Ordinance

    Jimmy Karadais, Justin Gardner, Brandon Moore, and La Toya Brown representing TIGHT, urged the Council to adopt the Tobacco-Free Youth Ordinance.

    Laurie Comstock , Contra Costa County Tobacco Prevention Coalition, noted eight cities in the County had adopted the Ordinance, and half of those had passed even stricter ordinances requiring all merchants be licensed. She stated in terms of enforcing the Ordinance, it would be much easier if there was universal licensing as it would give the City more clout for enforcing compliance. She urged Council to adopt the stricter version of the Ordinance requiring merchants to be automatically licensed.

    Charlotte Dickson, Policy Coordinator for the Tobacco Prevention Project, discussed issues relating to enforcement of the Ordinance. She noted the County was working toward a leadership position in merchant education and coordination of enforcement.

    On motion by Council Member Freitas, seconded by Council Member Davis, the Council unanimously introduced the Ordinance by title only and introduced the Ordinance adding Sections 6-8.11 through 6-8.21 and Section 9-5.19 to the Antioch Municipal Code, the Tobacco-Free Youth Ordinance, and the City representatives of Tri-Delta be directed to initiate a policy change banning cigarette advertisements on their vehicles.

  2. REVIEW WATER SUPPLY AND USES IN THE CITY OF ANTIOCH

    3. City Manager Ramsey suggested that Council continue this item, as he felt that there was additional information to be obtained prior to discussion by Council.

    On motion by Council Member Freitas, seconded by Council Member Soliz, the Council Members present unanimously continued this item to the meeting of September 14, l999.

  3. CONSIDERATION OF BIDS FOR CONTRA LOMA BOULEVARD RECONSTRUCTION FROM HIGHWAY 4 TO BUCHANAN ROAD (PW 271-9)


    4. On motion by Council Member Freitas, seconded by Council Member Soliz, the Council Members present unanimously awarded the contract to Bruce Carone Grading and Paving in the amount of $290,550.00 and amended the 1999/2000 Capital Improvement Budget to include an additional $100,000 in Gas Tax Fund monies for the project.

  4. APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CITY CLERK TO ADVERTISE FOR BIDS FOR DEMOLITION AND REMOVAL OF BUILDINGS AND STRUCTURES AT 404 & 408 "J" STREET; 407 "K" STREET; 822, 908, 912, 916 & 920 FIFTH STREET; 911 FOURTH STREET; 904 "L" STREET; AND 900, 904 & 1015 EAST 18TH STREET (PW 469-16)

    5. RESOLUTION NO. 99/119

    On motion by Council Member Soliz, seconded by Council Member Davis, the Council Members present unanimously adopted the resolution and allocated an additional $30,000 in Gas Tax Fund monies for the project.

  5. CITIZEN REQUEST FOR A DEVELOPMENT ORDINANCE REQUIRING A PUBLIC VOTE ON ANY RESIDENTIAL PROJECT WITH MORE THAN 20 UNITS

    6. City Manager Ramsey presented the staff report dated August 19, l999, recommending Council direct staff as to the Council's desired course of action. There were no members of the public in attendance for this item.

    On motion by Council Member Freitas, seconded by Council Member Soliz, the Council Members present unanimously tabled this item.

  6. LEGISLATION AND ADVOCACY

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

  7. COUNCIL CONSENT CALENDAR
  1. APPROVAL OF COUNCIL MINUTES:  July 23 and August 3, 1999
  2. APPROVAL OF COUNCIL WARRANTS
  3. RESOLUTION NO. 99/120 ADJUSTING COMPENSATION FOR POLICE DISPATCH SUPERVISOR AND RESOLUTION NO. 99/121 ESTABLISHING CLASSIFICATION AND COMPENSATION FOR LEAD POLICE DISPATCHER AND REALLOCATING THREE (3) POLICE DISPATCHER POSITIONS TO LEAD POLICE DISPATCHER
  4. RESOLUTION NO. 99/122 REVISING CLASS SPECIFICATION FOR THE POSITION OF SENIOR BUILDING INSPECTOR
  5. RESOLUTION NO. 99/123 REVISING CLASS SPECIFICATION FOR THE POSITION OF BUILDING INSPECTOR I/II
  6. RESOLUTION NO. 99/124 APPROVING FINAL MAP AND IMPROVEMENT PLANS AND RESOLUTION NO. 99/125 ACCEPTING GRANT DEED FOR ONE-FOOT STRIP FOR HO PROPERTY, UNIT 2 (PLEASANT VALLEY INVESTMENT), TRACT NO. 7974 (PW 568-2)
  7. RESOLUTION NO. 99/126 VACATING A TEMPORARY SANITARY SEWER EASEMENT AND AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED TO MEADOW CREEK ESTATES, INC., MEADOW CREEK ESTATES, UNIT 4, TRACT NO. 7125 (PW 563-4)
  8. RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE REIMBURSEMENT AGREEMENT BETWEEN CITY OF ANTIOCH AND MEADOW CREEK ESTATES, INC. FOR THE CONSTRUCTION OF MEADOW CREEK PARK (PW 563-P)

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council Members present unanimously approved the Consent Calendar, with the exception of Items A and H, which were removed for further discussion.

ITEM A:  On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved the Minutes of July 23, l999, the motion was carried by the following vote:

AYES: Soliz, Freitas, Rocha
ABSTAIN: Davis
ABSENT: Sudario

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council Members present unanimously approved the Minutes of August 3, l999.

ITEM H:  On motion by Council Member Freitas, seconded by Council Member Soliz, the Council Members present voted unanimously to continue Consent Calendar Item H until September 14, l999.

Mayor Rocha adjourned from the City Council to the Antioch Development Agency.

  1. AGENCY CONSENT CALENDAR

    1. APPROVAL OF AGENCY MINUTES:  July 27, 1999

    2. APPROVAL OF AGENCY WARRANTS

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 APPROVING AND ADOPTING REPORT TO THE CITY COUNCIL ON PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ANTIOCH REDEVELOPMENT PROJECT (EMINENT DOMAIN); PROPOSED AMENDMENT AND NEGATIVE DECLARATION RELATING THERETO; CONSENTING TO AND REQUESTING THE CITY COUNCIL TO CALL A JOINT PUBLIC HEARING ON SAID AMENDMENT AND NEGATIVE DECLARATION

City Attorney Galstan presented the staff reports for Items #9 and #10, recommending that the Agency adopt the resolution.

City Attorney Galstan responding to questions from Jean Kuberra, stated there was no EIR, the area was in Project Area #1, he noted there would be a joint public hearing on this item, and the Agency/Council items would be combined. He further noted the Speakers' Rules will be the same as for any public hearing. Ms. Kuberra felt there was a lot of "bundling" of items.

RESOLUTION NO. ADA-357

On motion by Agency Member Freitas, seconded by Agency Member Soliz, the Agency Members present voted unanimously to adopt the resolution.

Mayor Rocha adjourned the Antioch Development Agency to the City Council.

  1. RESOLUTION CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE ANTIOCH REDEVELOPMENT PROJECT (EMINENT DOMAIN) AND THE NEGATIVE DECLARATION RELATING THERETO

RESOLUTION NO. 99/127

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council Members present voted unanimously to adopt the resolution.

PUBLIC COMMENTS:  None

COUNCIL REPORTS/COMMUNICATIONS:   None

STAFF COMMUNICATIONS

City Manager Ramsey discussed two items that were brought up at prior Council meetings as requested by Mayor Rocha. He stated action was taken tonight to demolish a number of dilapidated structures in the vicinity of 415 "K" Street, noting the City had made efforts to acquire the one remaining unit not owned by the City, but had been unable to come to agreeable terms. He commented the City had received several complaints regarding debris that had collected in this area, and discussed ways the City was trying to enforce city codes. He further discussed a complaint by a citizen who felt the train whistles had gotten louder and more frequent since the beginning of July. He stated staff had contacted the railroad, who explained it was law mandated they blow the horns when approaching any crossing, and noted they were not using their horns any differently than before.

Council Member Freitas noted Mr. Tokes had come to the Council several months ago regarding the issue of the burning that takes place across the river each year and the ash that drifts across the river and infiltrates Antioch. Council Member Freitas requested staff come back to Council with a report on the issue.

ADJOURNMENT

With no further business, Mayor Rocha adjourned the meeting at 8:28 P.M. to the next scheduled Council meeting on August 31, l999.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk