Pursuant to Government Code Section '54952.2, the City Council Agenda for May 25, 1999 was posted on the door of the City Council Chambers, Third and AH@ Streets on May 20,1999.

On motion by Council Member Freitas, seconded by Council Member Soliz, Item AD@ of the Consent Calendar was removed and placed as the first order of business. The motion was unanimously approved by those members present.

Mike Malody invited the Council and public to participate in the Mayor=s Prayer Breakfast, October 7, 1999 from 7:00 A.M. to 9:00  A.M. at Humphrey=s. He noted the key speaker would be Bubba Paris.

4. ANTIOCH MUNICIPAL CODE SECTION 5-14-04, OUTDOOR BUSINESS PREMISES TRESPASS ORDINANCE

City Attorney Galstan introduced the proposed Antioch Municipal Code Section 5-14.04, Outdoor Business Premises Trespass. Acting Chief of Police, Mark Moczulski, presented the staff report dated May 19, 1999 recommending City Council: a) Introduce the Ordinance by title only; b) Motion to introduce the Ordinance amending Section 5-14.04 of the Antioch Municipal Code dealing with trespassing on the outdoor portion of business property.

Council Member Sudario noted this Ordinance did not address such issues as misconduct, drunk and disorderly conduct in public or panhandling. She further stated the Ordinance, as written, gave any business owner full and absolute authority to have a person removed from public property for any reason.

Acting Chief of Police Mark Moczulski stated he initiated this Ordinance in response to complaints from business owners regarding panhandlers. He noted this Ordinance would be a tool that could be applied to both private and public property. He noted the victims in most panhandling cases are customers who do not want to get involved, this tool would allow the business owner to legally take action and ask trespassers to leave the premises.

Pastor Jim Clites, Pastor of Mission Church (located in the City park) noted his support of homeless people, their need for shelter and a helping hand from residents. He stated there was no need for this Ordinance, but rather the need for people helping people.

Barbara Sobalvarro thanked the Council for removing this item from the Consent Calendar. She stated she was concerned with the homelessness in Antioch and hoped Council would agendize an item in the near future to discuss what the City has to offer its homeless citizens.

Cary Dyer, Director of Antioch Chamber of Commerce, felt this Ordinance would provide business owners with a tool to address the increasing problem of customer harassment by panhandlers. He discussed the various programs in the city that help the homeless people.

Roland Anderson stated he felt this Ordinance was too vague and removed the rights of residents. He felt the facts needed to be addressed before the Ordinance was adopted. He recommended the City of Antioch review similar ordinances currently in place in San Jose and San Francisco.

Norma Hernandez stated business owners who do not see an actual offense should not have the right to have people removed from their premises or public property, based on information provided by a witness not present at the time of the call to the police. She stated this item infringes on the constitutional rights of the public, and urged this item be tabled and the homeless situation be addressed.

Julaine Dugan requested an explanation of Item "D" from Council Member Sudario.

William Leroy stated his opposition of the Ordinance and discussed money spent helping the homeless.

In response to Michelle Afusoff-Benna, City Manager Ramsey stated the Ordinance would apply to private business property. She was concerned the Ordinance did not provide for constitutional rights and freedom of speech. City Attorney Galstan noted an amendment could be made to allow an exception addressing free speech activities.

Council Member Sudario suggested rewriting the Ordinance to specifically address the issues of panhandling and disorderly conduct. She stated she was concerned with civil rights, freedom of speech, and this ambiguous ordinance.

City Attorney Galstan stated Council could instruct staff to amend the Ordinance to include standards to justify a removal.

Council Member Freitas stated businesses have rights and the police department needed the necessary tools to take action when deemed appropriate. He felt by working together, the Chief of Police, City Attorney, business community, and homeless advocates could reach an agreement to provide the tools needed to protect the citizens from offensive behavior and protect the civil rights of all concerned.

Council Member Soliz stated that this Ordinance was designed to protect the rights of customers and businesses owners. He expressed concern for the protection of freedom of assembly and freedom of speech. He noted he would not support an ordinance that did not protect a business owner from operating a store or a person from entering a store without fear of being accosted.

Mayor Pro Tem Davis stated this Ordinance was not an attempt to rid the city of the homeless. He noted the business owners have asked for help with panhandler and loitering problems and it is incumbent upon the City Council to take action.

On motion by Council Member Freitas seconded by Council Member Sudario, the City Council directed staff to review the Ordinance with a focus on free speech activities, civil rights, and exact acts of misconduct. The motion was unanimously approved by those members present.

Mayor Pro Tem Davis declared a recess at 8:45 P.M., the meeting reconvened at 9:02 P.M. with all members present or excused.

1. APPOINTMENT TO ANTIOCH CITY PLANNING COMMISSION VACANCIES (TWO 4-YEAR TERMS)
   

Director of Community Development Ward presented the staff report dated May 18, 1999. Mayor Rocha had included a letter recommending the City Council approve Helen Delgado and Dolores Long each to four-year appointments to the Planning Commission.

Jean Kuberra stated she felt the applications for Planning Commission should have been included in the staff report to allow the public the opportunity to review the candidates. She reviewed her reasons for having applied for one of the appointments to the Planning Commission.

Council Member Soliz stated he supported the Mayor's decision to appoint Helen Delgado and Dolores Long and requested City Council move forward and appoint those nominees. He noted Commissioners Petersen and Martin have done a great job as members of the Planning Commission and thanked them for their years of service and contributions to the City.

Mayor Pro Tem Davis thanked and praised Commissioners Petersen and Martin for their terms of service on the Planning Commission. He encouraged them to remain involved in local government.

Council Member Soliz discussed Helen Delgado's application and noted she worked for the Highway and Transportation Administration and added her background and perspective would be a beneficial addition to the Planning Commission. He noted the Mayor's recommendation of her should be respected.

Council Member Sudario requested a future agenda item to establish a policy requiring all applications for any Board or Commission be placed in the packet when appointments were being made.

Motion by Council Member Freitas and seconded by Mayor Pro Tem Davis to appoint Dolores Long to the position of Planning Commissioner and hold the second position open to the next meeting failed by the following vote:

AYES: Freitas
ABSENT: Mayor Rocha
NOES: Soliz, Davis, Sudario

Motion by Council Member Soliz and seconded by Mayor Pro Tem Davis to accept the recommendations of the Mayor and nominate Dolores Long and Helen Delgado to the positions of Planning Commissioners failed by the following vote:

AYES: Soliz, Davis
ABSENT: Mayor Rocha
NOES: Freitas, Sudario

Motion by Council Member Sudario to continue to the item to the meeting for June 8, 1999 for nomination and approval of appointments died without a second.

On a motion by Council Member Freitas and seconded by Council Member Soliz to appoint Dolores Long to the position of Planning Commissioners passed by the following vote:

AYES: Freitas, Soliz, Davis
ABSENT: Mayor Rocha
NOES: Sudario

Motion by Council Member Soliz and seconded by Mayor Pro Tem Davis to appoint Helen Delgado to the Antioch Planning Commission failed by the following vote:

AYES: Soliz, Davis
ABSENT: Mayor Rocha
NOES: Freitas, Sudario

On motion by Council Member Freitas seconded by Council Member Soliz, the Council Members present unanimously continued the second appointment to the Planning Commission the next regularly scheduled City Council Meeting of June 8, 1999.

2. APPOINTMENT TO CONTRA COSTA TRANSPORTATION AUTHORITY CITIZEN ADVISORY COMMITTEE
   

Public Works Director Brandt presented the staff report dated May 18,1999, recommending the City Council appoint Rae Lynn Stafford to serve a second term as the City's representative on the Contra Costa Transportation Authority Citizen Advisory Committee, with the appointment expiring April 30, 2001.

Public Works Director Brandt stated Stan Davis had recommended Ms. Stafford's appointment to the Committee and City Clerk Florence Rundall prepared the original staff report. Council Member Freitas clarified all appointees are approved by the governing board of the Contra Costa Transportation Authority. He added Allen Payton was on the CCTA at the time of this appointment.

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council re-appointed Rae Lynn Stafford to the Contra Costa Transportation Authority Citizen Advisory Committee. The motion carried the following vote:

AYES: Freitas, Davis, Soliz
ABSENT: Mayor Rocha
NOES: Sudario

3. REVISION OF FY 98-99 CAPITOL IMPROVEMENT PROGRAM TO PROVIDE FOR CONSTRUCTION OF FLASHING CROSSWALK LIGHTING SYSTEM AT THE INTERSECTION OF 15^TH AND "A" STREETS


Public Works Director Brandt presented the staff report dated May 20,1999, recommending the City Council revise the FY 98/99 Capitol Improvement Program to include the construction of a flashing crosswalk lighting system at the intersection of Fifteenth and "A" Streets at an estimated cost of $28,000, funded from Gas Tax revenues.

Public Works Director Brandt stated the work was in progress to install barriers in front of the Holy Rosary Church and the Rivertown Senior Complex to direct pedestrians to the crosswalk.

In response to Norma Hernandez, Public Works Director Brandt stated the previous location of this crosswalk was mid-block as opposed to the new location at the corner of 15th and "A" Streets, which is an actual intersection. He noted the engineers were comfortable with a flashing light crosswalk installed at this location.

Council Member Davis stated he has seen flashing crosswalk lights work even in the daylight hours and felt they would be an asset to the area.

On motion by Council Member Sudario, seconded by Council Member Soliz the City Council approved the revision of the Capitol Improvement Program. The motion was unanimously approved by those members present.

4. ORDINANCE ADDING CHAPTER 17 TO TITLE 4 OF THE ANTIOCH MUNICIPAL CODE, DEALING WITH MAINTENANCE OF SIDEWALKS

City Attorney Galstan introduced the Ordinance dated May 25, 1999, recommending the City Council: a) Introduce the Ordinance by title only; b) Introduce the Ordinance adding Chapter 17 to Title 4 of the Antioch Municipal Code, dealing with the maintenance of sidewalks. He proposed a change to the Ordinance on Page 1, Section 4-17-02. (a) to read:  "Owner" shall mean the fee owner of real property.

Council Member Sudario expressed concern that this Ordinance would be challenged by citizens. She noted the City of Antioch currently owns the property, has insurance for it, and questioned why the City would now require the residents to maintain and insure public property.

City Attorney Galstan noted a 1911 State law requires homeowners to maintain the sidewalk and this Ordinance would require those homeowners who have a legal obligation to maintain the sidewalks bare the liability for any injuries that would incur. Public Works Director Brandt stated the previous City Council allocated $200,000.00 for repairs of pathways traveled by school children two years ago and annually we have allocated $50,000.00 for the City's participation in the repair of street tree damaged sidewalks, and $25,000.00 for wheelchair access improvements.

Roland Anderson noted his opposition to this Ordinance stating the homeowners have no input into the quality of the sidewalks installed. He further noted if he was liable for the sidewalk he should have the ability to remove it and replace it with whatever he chose. He expressed concern that this Ordinance did not address the legalities of the homeowners' liabilities.

Julie Ellingson, a business owner, stated she opposed this Ordinance and did not want to be responsible for the liability of public property should someone trip and fall. She noted this would effect her rent as the cost of liability insurance would be passed to her by the owner of the property.

Katherine Smith stated if she has to pay for the insurance of her sidewalk she would consider fencing it in to protect it.

Lynette James-Shahraz, representative of a downtown merchant, stated the Ordinance influences the success of downtown business owners. She stated if she were liable for the sidewalks she would like the right to close it off to protect it; however, this would take away the public's rights. She stated the cost would be passed from the property owner to her business and then on to the consumer.

Cary Dyer stated this Ordinance was confusing. He noted he understands the intent of the Ordinance but expressed concern it was too deceptive. He questioned whether the owners would also be responsible for the planter boxes placed on the sidewalks by the City?

Joe Zamora stated the City should not put the burden of sidewalk liability on the property owners.

Jean Kuberra asked for the specifics on sidewalk lawsuits and settlements by the City to justify this Ordinance. She noted she was opposed to covering liability on public property.

City Attorney Galstan noted he does not have the statistics this evening but trip and falls on sidewalks was one of the most frequent claims received by the City. He noted the insurance premiums are based on overall exposure and should this Ordinance be passed the overall exposure and premiums would be reduced.

Julaine Dugan stated she would support this Ordinance provided she could add the sidewalk property to the square footage of her home and sell it.

Emil Geddes owner of Geddes Music, stated that this Ordinance was ridiculous and the effect would be fewer businesses in the downtown area. He further stated that if he was going to accept responsibility for the sidewalk, he would expect full latitude to do as he pleased with the property.

Norma Hernandez stated she opposed this Ordinance noting insurance companies would not insure public property unless the City dedicated the land back to the citizens to make it private property, which would result in a reassessment and higher taxes for the property owners. She noted this item should not be considered until the public had received all the facts on the number of claims received and the dollar amount of claims paid by the City.

Council Member Soliz stated it would only take one claim to effect the City's insurance premiums.

Ralph Hernandez stated residents were already paying gas tax, Measure "C" monies, and lighting and landscaping assessments for the improvements and maintenance of the roadways, which included sidewalks. He noted the City had accepted responsibility for the sidewalks and he was opposed to this Ordinance. He felt residents should have the ability to do something about potential liability if they were to be expected to accept the responsibility for that liability.

Council Member Freitas stated he would like more information regarding the impact to those jurisdictions who have passed similar ordinances, plus the lawsuits and damages the City of Antioch has paid. He noted the City could consider going to Sacramento with a bill to eliminate the 1911 liability law.

Council Member Sudario stated this was an unjust disservice to the citizens of Antioch.

On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council tabled Item 4. The motion carried the following vote:

AYES: Freitas, Davis, Sudario
ABSENT: Mayor Rocha
NOES: Soliz

Mayor Pro Tem Davis declared a recess at 10:25 P.M., the meeting reconvened at 10:37 P.M. with all members present or excused.

5. TOBACCO-FREE YOUTH ORDINANCE

City Attorney Galstan presented the staff report dated May 18,1999. Staff recommended the Council: a) Introduce the Ordinance by title only; b) 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.

Council Member Freitas suggested staff consider the following changes to the staff report:

Page 2, Section 6-8.14, Item d, the last line to read: "but not to exceed the sum specified in the Master Fee Resolution."

Page 3, Section 6-8.18, consideration of adding language to address change in ownership of businesses

Page 3, Section 6-8.16 to include "All applications shall be submitted on a form and supplied by Contra Costa Health Services and approved by the City of Antioch and shall contain the following information;"

Page 4, Section 6-8.19 Item c to include "The decision of the Director to suspend a tobacco retailer's license may be appealed to the City of Antioch's Board of Administrative Appeals"

Page 4, Section 6-8.20, Items a, 1, 2, and 3, consideration of raising the penalties for violations

Council Member Freitas further requested a plan describing how the City would implement the educational component of this Ordinance.

Ajit Sooch stated his opposition to this Ordinance noting he felt it was the parent's responsibility to protect their children.

Lynette James-Shahraz, owner of Downtown Warehouse, stated she opposed this Ordinance, noting its effect on her right to advertise and sell the products available in her store.

Lisa Bautista Rivera, Youth Coordinator for Tobacco Industry Gets Hammered By Teens (TIGHT), stated her support of this Ordinance and noted it was about youth access to tobacco products. She reviewed the educational programs her organization provided to merchants and teens. She answered questions from the Council and noted if a merchant sold products related to tobacco they would be in violation of this Ordinance.

Laurie Gurston Comstock urged the City Council to pass this Ordinance to stop the tobacco industry from targeting youth.

Denise Dennis, Contra Costa Health Services, stated the County would support this Ordinance and provide assistance in implementing it. She stated they would also provide merchant educational materials. She commended the City Council on their consideration of this Ordinance.

Council Member Sudario requested City Attorney Galstan look into the legalities of Section 6-8.12, as presented in the staff report.

City Attorney Galstan noted State law gives deference to a City to have these kinds of regulations if the City chooses to adopt them. He added the Council could choose to delete the provision regarding the sale and distribution of tobacco related promotional items, should they so desire.

Council Member Freitas requested the document be reviewed and revised so the City of Antioch would always retain the ability and flexibility to be stricter and not be bound the Contra Costa Health Services Department.

On motion by Council Member Freitas, seconded by Council Member Sudario, the City Council directed staff to come back as soon as possible with responses to the requested changes and prepare the Ordinance in accordance with the comments and requests made by the City Council. The motion was unanimously approved by those members present.

6. DETERMINATION REGARDING THE CITY COUNCIL POLICY ON THE CONTENT OF THE CITY'S WEBSITE

City Manager Ramsey presented the staff report dated May 20,1999 recommending the City Council continue with the current practice of allowing the City Manager to administer the website as is consistent with the City Manager's administrative responsibilities.

Julaine Dugan stated she did not have access to the web and asked what was currently on the City's website that was so upsetting. She stated that if the Renaissance Faire could advertise on the City's website she should also be able to advertise her business on the City's website.

Council Member Sudario stated the website promoted the Renaissance Faire without the knowledge of the City Council.

Roland Anderson requested clarification on the criteria used to add the Renaissance Faire proposal to the City's website. He felt it was discrimination against all the other businesses who were making business proposals to the City if they were not to listed on the website. He noted the events of the private businesses listed on the City's website make it an advertisement. He further stated the information on the website was not being kept up-to-date.

City Manager Ramsey stated the content of the website rests with department and program directors, with the City Manager having final say on its content. He noted the Renaissance Faire listing on the website stated the dates and times of informational meetings being held on the Faire, was being updated regularly.

Jean Kuberra agreed with Roland Anderson and requested a list of material mandated for the website.

Barbara Sobalvarro stated she felt the discussion regarding discrimination is ridiculous. She noted the citizens were paying the City Manager to make these types of decisions.

Council Member Sudario stated she felt the Renaissance Faire did not follow the administrative policy the City Manager had established. She requested all public meetings be posted on the City's web site to keep it objective. She felt the City Manager having final responsibility for administering the website took away the powers of the City Council. Council Member Sudario stated putting the Renaissance Faire on the website was a mistake and an advertisement of the Faire.

Council Member Freitas stated the purpose of the website was a dissemination of information, and felt all agendas and meeting notices should be on the website as well as items of particular concern or controversy. He noted this was an administrative function and he believed the City Council should not be involved. He further noted when the link to the Renaissance Faire was discovered City staff took responsible action to delete it.

Mayor Pro Tem Davis stated it was the City Manager's duty to oversee the City's website. He challenged any member of the City Council to find the time to micro-manage such an administrative job. He noted the established policy is sufficient and gave several areas in which Council must be consulted, apprized of, and a majority consent given before implementation.

On motion by Council Member Freitas, seconded by Council Member Soliz, the City Council approved continuance of the current practice of allowing the City Manager to administer the City's website. The motion carried by the following vote:

AYES: Freitas, Soliz, Davis
ABSENT: Mayor Rocha
NOES: Sudario

7. LEGISLATION AND ADVOCACY

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously voted to receive and file this item.

8. COUNCIL CONSENT CALENDAR

1. APPROVAL OF COUNCIL MINUTES:  April 27, and May 11,1999

2. APPROVAL OF COUNCIL WARRANTS

3. APPROVAL OF TREASURER'S REPORT:  April 1999

4. RESOLUTION NO. 99/54 APPROVING AN AMENDMENT FOR THE REDESIGNATION OF CONTRA COSTA HOME CONSORTIUM FOR THE PURPOSE OF PARTICIPATION IN THE HOME PROGRAM

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved the Consent Calendar. The motion was unanimously approved by those members present.

Mayor Pro Tem Davis adjourned from City Council to the Antioch Development Agency.

9. AGENCY CONSENT CALENDAR

1. APPROVAL OF AGENCY MINUTES:  April 27 and May 11, 1999

2. APPROVAL OF AGENCY WARRANTS

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

None

Council Member Sudario stated it was 11:45 P.M and the meeting did not end at 11:00 P.M., with at least three agenda items not ready ready to be voted on. She stated she would be on "Of, By, and For the People" on Tuesday, June 1, 1999 at 8:00 P.M to respond to allegations by Ed McMunn. She noted she believed in open government and stated she performed her city business in the public.

Council Member Soliz thanked Mayor Pro Tem Davis for the great job he did of presiding over the evening's meeting.

City Manager Ramsey reminded the public of the Joint City Council, Planning Commission, and Design Review Board Meeting at Prewett Park on June 1,1999, at 7:00 to formulate guidelines relative to the Measure "U" process.

With no further business, Mayor Pro Tem Davis adjourned the meeting at 11:50 P.M. to the next scheduled Measure "U" Work Session on June 1, 1999.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk

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