ANTIOCH CITY COUNCIL
ANTIOCH DEVELOPMENT AGENCY
MEETING MINUTES
October 12, 1999
7:00 p.m.
City Council Chambers
Present: Council Members Soliz, Sudario, and Mayor Pro Tem Davis
Absent: Mayor Rocha and Council Member Freitas
PROCLAMATIONS
On motion by Council Member Soliz, seconded by Council Member Sudario, the Council unanimously approved the Proclamations.
Council Member Sudario presented the Proclamation to Bart Sandborn on behalf of the Police Commission, proclaiming October as Crime Prevention Month. Mr. Sandborn thanked the City Council for the proclamation and invited the community to get involved in the Neighborhood Watch Program.
Council Member Soliz presented the Proclamation to Gene Daley and Frank Webber representing the Knights of Columbus proclaiming October 15 - 17 as Help People with Mental Retardation Days. Mr. Webber thanked the City Council for the recognition and support.
Mayor Pro Tem Davis presented the Proclamation to Otis Menasco, Commander of VFW Post 6435 proclaiming October 23, 1999 as Veterans of Foreign Wars 100-Year Anniversary. Mr. Menasco thanked the City Council noting it was an honor to be a part of an organization celebrating its 100-Year anniversary. He stated they have always been an asset contributing donations to projects in the City of Antioch. Mayor Pro Tem Davis thanked Mr. Menasco for the organization's contributions noting he was looking forward to attending their dinner on October 23, 1999, Mr. Menasco then invited the community to attend the dinner.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Gary Reiman, Member of the Board of Directors of the Antioch Downtown Business Association invited and encouraged the community to attend the Art, Antiques, and All That Jazz event scheduled for October 16, 1999, in Downtown Antioch.
Karen Soliz, Producer of Delta View, airing each Friday at 8:00 P.M. on cable Channel 25 announced a new program featuring the second segment of Delta Backroads filmed at Contra Loma Park; Women in Los Artes Art Exhibit, showing at the Lynn House Gallery; an interview with Ron Webber and Barbara Sobalvarro; commentary by Mayor Rocha; and adoptable pets. She announced a new segment called Dream Homes on the Delta .
Jean Kuberra announced her Antioch News and Views Program airing on October 4, 1999, also on Channel 25, noting the rebroadcast dates. She also announced broadcast dates of the Measure "U" subcommittee meeting.
Barbara Sobalvarro, representing the Friends of Animal Services, invited the community to the Black Cat Ball on October 16, 1999 at the Senior Citizen's Center. She noted there would be cocktails, music, dinner and orchestra dancing and encouraged the community to get involved.
David Williamson announced the Delta Blues Festival on October 23, 1999 in Downtown Antioch and invited everyone to attend and get involved.
PUBLIC COMMENTS
Douglas Tokes questioned the delay of the completion of the intersection at 18th and "A" Streets. Public Works Director Brandt stated the City had been waiting for PG&E and AT&T to finish their undergrounding which was done last week. He stated the City would be moving this project forward in the near future.
Jean Kuberra stated the Measure "U" subcommittee meeting of October 5, 1999 had nothing to do with the Measure "U" initiative passed by voters, and felt the City should attempt to renegotiate development agreements when they came up for review.
Richard Shade, Vice Chairman of AAAAC (African Americans Academic Achievement Committee), outlined their progress at Black Diamond Middle School noting they currently have 130+ students enrolled in the program along with 50+ volunteers without a funding mechanism. He urged the community to visit the project, volunteer and provide donations of writing materials. He stated they are the only project that concentrates on academics. He noted they meet Monday through Thursday from 4:00 p.m. to 6:00 p.m. at Black Diamond Middle School.
Barbara Sobalvarro, Friends of Animal Services, stated October was Adopt-A-Dog-Month. She noted a blessing of the animals, provided by Reverend Graham had taken place at the Animal Shelter on October 9,1999, and added the Shelter participated in the National Hispanic Heritage Month Celebration at County East Mall. She thanked the City Council for their support.
Steven Hoagland, Delta District Program Chairperson for the Boy Scouts, invited the Council Members to attend their Advancement Camp at the County Fairgrounds October 29 and 30. He noted businesses were needed as underwriters and urged former Eagle Scouts to get involved.
COUNCIL REGULAR AGENDA
On motion by Council Member Sudario, seconded by Council Member Soliz, the City Council unanimously continued this item to the meeting of November 9, 1999.
Assistant to City Manager Gegg gave a brief overview of the Y2K compliance issues. Office of Emergency Services Coordinator Karste reviewed the mechanisms for the external outreach program and encouraged the community to attend one of the three preparedness forums:
October 14, 1999, 7:30 at Mission Elementary School
November 10, 1999, 7:30 at Antioch High School
December 1, 1999, 7:30 at Deer Valley High School
Mayor Pro Tem Davis thanked Mr. Gegg and Mr. Karste for their presentation.
Mr. Gegg clarified for Council Member Soliz the desktop systems graded Category #2 were compliant with acceptable minor and obscure deviations that would not impede progress. Director of Information Services Pavlicek further noted the Water System would be upgraded October 20, 1999, whereas the Purchasing System was ready.
Council Member Sudario stated she planned to have plenty of water stored and her important documents available, and encouraged the community to do the same.
Bret Hubbard of Data 911 discussed the functionality of the Record Managing System and Mobile Data System noting they had conducted a full-system integrated roll-over test on the new system and the final conversion would be completed October 23, 1999.
Council Member Sudario requested the Legacy system be tested using the four significant dates for Y2K remediation. She commended staff and thanked them for the time and effort they had expended on the City's Y2K preparations.
On motion by Council Member Soliz, seconded by Council Member Sudario, the Council unanimously received and filed the report.
City Attorney Galstan presented the staff report and introduced the Ordinance dated October 5, 1999, recommending that Council: A) Introduce the Ordinance by title only; B) Introduce the Ordinance adding Section 5-17.05 to the Antioch Municipal Code, dealing with construction activity noise.
Council Member Sudario requested an amendment to the Ordinance clarifying residential development would not occur on Christmas, New Years, Martin Luther King's birthday, Fourth of July, Thanksgiving, Easter, Memorial Day, and Veteran's Day. City Attorney Galstan noted this restriction would apply to any construction project, including homeowner improvements. City Manager Ramsey noted from an enforcement point of view he would like to contact the construction trades for a better sense of which holidays would cause an impact.
Council Member Soliz stated the Ordinance should be general and could be tightened down as it became appropriate and/or necessary .
On motion by Council Member Soliz, seconded by Council Member Davis, the motion to introduce the Ordinance failed by the following vote.
AYES: Soliz, Davis
Noes: Sudario
Council Member Soliz requested this item be re-agendized for October 26, 1999.
Public Works Deputy Director Harrington presented the staff report dated October 12, 1999 and recommended the City Council receive and file the report.
In response to Council Member Sudario, City Manager Ramsey stated the installation of a subdrain system and surface treatment were funded from the standard Street and Landscape Maintenance Fund and this type of project is included and approved when the budget is approved. He noted this is not the type of improvement or maintenance operation that would need to come back to the City Council for specific authorization. He further noted staff entered into this action with the understanding Council's direction was to work with the homeowners to solve the problem. Mr. Harrington added the surfacing work is a routine repair performed on day-to-day basis and, as with any other resurfacing job, had been scheduled to maximize equipment and manpower.
Council Member Sudario stated when a subcommittee is formed the subcommittee is to report the plan of action to be voted on and approved by the City Council with public input on the action and how the funds would be spent. She noted this was a Brown Act violation and the Council was being superceded. She felt problems such as this should be rectified by the developer.
City Manager Ramsey stated a staff report was provided to Council outlining the action taken to the satisfaction of the neighborhood. He commended staff in working with the neighbors to achieve a timely resolution on this project adding it met the discretion of staff.
Norma Hernandez stated two votes of a subcommittee can not take action on anything. She noted the subcommittee should have reported back to the City Council with its findings taking action after hearing from the community. She further noted the City Council should have decided who should have paid for this work, adding these problems continue because there are not enough qualified inspectors in this community.
Barbara Quiris, neighborhood resident, stated while the median was not showing signs of seepage, she was concerned the landscaping was starting to die from lack of water. She noted there were still problems with water seepage in the neighborhood with stagnant water standing on Periwinkle.
Ms. Elmer stated she was concerned this item did not go back to the subcommittee to assure accountability for the Homeowners' Association. She noted the algae had returned and the asphalt was soggy. She further noted she had evidence of a consistent pattern of irrigation water and it was under control now by landscape care. She requested revisiting the subcommittee to discuss the water coming out of the pool showers and the Homeowners' Association failing to do what they had promised.
Public Works Deputy Director Harrington stated the shower issue was suppose to be investigated by the Homeowners Association and they had not notified the City of a conflict. He noted he had been dealing with the Homeowners Association and it was their responsibility to relay the information back to the homeowners; staff was not accountable for the Association's actions.
Jim Conley stated when the City Council approves a budget they also approve the spending of the money. Therefore, it would not be necessary to request approval each time money was spent.
Ralph Hernandez stated there was sub-surface water rising and the asphalt area appeared to be defective. He noted it made sense for the subcommittee to come before the City Council to discuss the issue openly and seek input. He further noted the City should go back to the developer to find out what has caused the seepage problem.
Council Member Soliz stated after the completion of the recommended repairs by the Homeowners Association, the City Council should revisit this issue. He stated that should a problem still exist and the residents need the City's help, it would be appropriate, provided it was within the approved maintenance budget, to provide that service. He further noted it would not be appropriate to delay a repair such as this waiting for a vote of Council, given the fact a portion of the budget had been set aside to deal specifically with these types of problems. He thanked staff for the action taken.
Council Member Sudario stated when a subcommittee recommends City funds be spent the request should be brought back to the community for their input and a vote of the Council. She felt citizens had the right to be informed of every project funded by the City and/or worked on by City staff, and the funding for each project using City funds should be voted on individually.
Council Member Soliz noted the City Council was informed. He reiterated his belief it was unnecessary for the City Council to vote on any repair or expenditure covered in the approved maintenance budget.
Council Member Sudario stated the citizens might have wanted the repairs to be paid by the developer.
City Attorney Galstan stated the subcommittee could approve work included in the general budget.
Mayor Pro Tem Davis stated he was on the subcommittee and he would be happy to meet again with the residents. He noted he was disappointed the homeowners association did not follow through with their items:
- Lone Tree Glen Homeowners Association will assist the homeowners who live along Periwinkle Way, and Nandina and Rosemary Courts in flushing all existing roof top and gutter drains and the underground subdrain systems on their properties. Work to be completed no later than October 1, 1999; and
- Lone Tree Glen Homeowners Association will contact their landscape management company to ensure that all irrigation clocks are operating properly, the irrigation cycle times have been set accordingly, and that their landscape company has assumed full responsibility for all irrigation systems within the subdivision. Contact should be made immediately.
He requested these two items be addressed before they meet again. He further noted he would like to be present for the meeting next week and requested it be scheduled for Monday October 18, 1999.
On motion by Council Member Soliz, seconded by Council Member Sudario, the Council unanimously received and filed the report.
On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously moved the subcommittee remain open until Items #2 and #3 were addressed and upon completion a report given to the City Council.
PUBLIC HEARING
On motion by Council Member Soliz, seconded by Council Member Davis, the public hearing was unanimously tabled.
Mayor Pro Tem Davis declared a recess at 8:59 P.M., the meeting reconvened at 9:08 P.M. with all members present or excused.
Public Works Director Brandt presented the staff report dated October 7, 1999 recommending the City Council receive and file the report.
Jean Kuberra stated she hoped the completion of this project would enable the bass fishing derby to be held here and suggested raising money to fund a marketing effort emphasizing the importance of our youth and as a draw to the Rivertown area.
Compy Compomizzo conveyed his dream of Antioch's waterfront someday including a walkway along the river with shops and wharves. He noted the money was coming in and he recently received an additional $21,000. He thanked the City Council for their support.
City Manager Ramsey stated the Rivertown Business Association was working with Mr. Compomizzo to help with fund raising.
On motion by Council Member Sudario, seconded by Council Member Soliz the City Council unanimously received and filed this report.
Recreation Services Manager Sanderson presented the staff report dated October 7, 1999, recommending the City Council receive and file this report.
Council Member Sudario stated when this item had originally come before the City Council they had been told by the City Manager and Attorney the City would be covered under the JPA insurance for any injuries at the skateboard park. She had later discovered only those 16 years and older would be covered by the JPA, with a $25,000.00 deductible to be paid by the City.
City Attorney Galstan clarified the City had liability insurance for all park users with a $25,000.00 deductible. He noted State law provided immunity from skateboarders over 16 years of age. He added that the State Legislature passed this law which provides cities this immunity in an effort to encourage the building of skateboard parks.
Jim Conley stated the worst thing the City could do would be hire a supervisor and take the fun of the park away from the skateboarders.
Council Member Soliz suggested the possibility of a required clinic for children under 16 who use the skateboard park. Council Member Sudario supported Council Member Soliz s suggestion noting the problem would be who would ensure the users had attended the clinic?
On motion by Council Member Sudario, seconded by Council Member Soliz the City Council unanimously received and filed this report with the inclusion of direction to staff to return to Council in six months with a report outlining the number of claims involving skateboard injuries detailing the financial impact to the City.
On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously continued this item to the meeting of October 26, 1999.
Public Works Director Brandt presented the staff report dated October 6, 1999 recommending the City enter into an agreement with Brown and Caldwell to provide specialized engineering services related to the investigation and determination of the cause of copper water service lateral failure.
Council Member Sudario requested a list in writing of the affected subdivisions. She requested the Lone Tree Glen subdivision be added to the investigation and funded separately, as she felt the developer should be funding this item.
Mr. Brandt noted any recoverable moneys would be pursued.
Jean Kuberra suggested a sampling of the laterals to determine metal content.
Mr. Brandt stated they had the three failed samples and would be testing for metal content.
RESOLUTION NO. 99/148
On motion by Council Member Sudario, seconded by Council Member Soliz the Council unanimously adopted the resolution with the added restriction Council not accept any improvements until the report results have been returned to Council.
RESOLUTION NO. 99/149
On motion by Council Member Soliz, seconded by Council Member Sudario the City Council unanimously adopted the revised resolution.
- APPROVAL OF COUNCIL MINUTES September 1 and 14, 1999
On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously approved the Consent Calendar, with the exception of Items C and F, which were removed for further discussion.
ITEM F: Michelle Benner asked for an explanation of why this item was requested. Public Works Director Brandt presented a brief staff report dated October 5, 1999.
On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously approved Consent Calendar Item F.
ITEM C: Council Member Sudario stated this would result in 56 additional homes approved for Southeast Antioch and she could not support it. Public Works Director Brandt noted this parcel included the Black Diamond school site.
Dave Miller, representing Richland Development, stated this development would create a parcel for the school and urged the Council not to delay the approval.
Michelle Benner requested this item be removed from the agenda until the public could be properly informed of the details of this item.
Council Member Soliz stated the school could not move forward until this item was approved by the City Council.
Jean Kuberra asked the size of the parcel required for the elementary school, then noted there were no current plans to build this school. She stated the public should be informed of the appraisal price of this land. She suggested withholding the portion of the agreement pertaining to the school site and force Richland to renegotiate,
Council Member Sudario noted this was a 154-acre parcel with 56 single-family homes.
Deborah Anderson did not wish to speak but requested this item be removed from the agenda.
On motion by Council Member Soliz, seconded by Council Member Davis, this item failed by a 2-1 vote.
AYES: Davis, Soliz
NOES: Sudario
Council Member Soliz requested this item be continued to the next agenda.
Mayor Pro Tem Davis adjourned to the Antioch Development Agency.
APPROVAL OF AGENCY WARRANTS
- APPROVAL OF AGENCY MINUTES SEPTEMBER 14, 1999
On motion by Agency Member Soliz, seconded by Agency Member Sudario, the Agency unanimously approved Items A and B of the Agency Consent Calendar.
PUBLIC COMMENTS
Michelle Benner stated the money spent to repair the problems at Lone Tree Glen should have come to Council for approval prior to the repairs being done. She further requested the removal of City Manager Ramsey be placed on the agenda, along with an investigation into the actions of Mr. Ramsey and copy of same be forwarded to her. She stated Council Member Davis had agreed to request the Renaissance Faire to pay for the ballot vote and a full EIR, and he had done neither.
Deborah Anderson, did not wish to speak, but requested in writing the removal of City Manager Ramsey on the grounds of Brown Act violations and illegal acts.
COUNCIL COMMUNICATIONS
Council Member Sudario asked when the report on the water situation at the Babe Ruth Fields would be on the agenda. City Manager Ramsey stated a report would be forthcoming, perhaps as early as October 26. He explained staff was waiting for a reply to some of the key questions from the new maintenance company.
Council Member Soliz requested staff agendize the steps necessary by both the City and the affected businesses, to move forward and bring to completion the "A" Street extension.
In response to Ms. Benner s accusation, Mayor Pro Tem Davis stated he had indeed spoken with Mr. Hamburg regarding the Renaissance Entertainment Company paying for any election costs associated with the Faire. He explained, however, should REC choose to take the Faire to a vote at the request of the electorate through the initiative process, there would be no legal obligation for Mr. Hamburg to pay for the election or furnish an EIR.
STAFF COMMUNICATION
Council Member Soliz requested Ms. Deborah Anderson provide the Council with written communication regarding the illegal or improper activities she alleged the City Manager to have committed. He stated he was certainly not in support of her requests for removal of the City Manager.
Council Member Sudario stated the public had the right to criticize the City Council at any time. She further stated any time there was a vote of the public, the City was obligated to pay for it, and Mr. Hamburg could not pay for it even if he wanted, because it would be illegal.
City Manager Ramsey requested Council adjourn the meeting to an adjourned regular meeting on Tuesday, October 19, 1999.
Council Member Sudario requested a vote. On motion by Council Member Sudario, seconded by Mayor Pro Tem Davis, the Council denied the request to adjourn to a regular adjourned meeting on Tuesday, October 19, 1999 by the following vote.
AYES: Davis
NOES: Sudario, Soliz
Mayor Pro Tem Davis called for a special meeting to be held on Tuesday, October 19, 1999 at 7:00 P.M. in the Council Chambers. The meeting was adjourned at 10:20 P.M.
Respectfully Submitted:L. JOLENE MARTIN, City Clerk