Meeting Minutes
June 8, 1999

Mayor Rocha called the meeting to order at 6:30 P.M.; Assistant City Attorney Chaumette called the roll.

Present: Council Members Freitas, Soliz, Sudario and Mayor Rocha

Absent: Council Member Davis (arrived at 6:40 P.M. )

There were no public comments for the Closed Session.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

• Property: That vacant City-owned property located southerly of Delta Fair Boulevard, westerly of the County Social Services Building, APN 074-080-032.

• Negotiating Parties: Owner - City of Antioch; Potential Buyer - Contra Costa County.

• Under Negotiation: The instruction to negotiator will concern price of the property. This Closed Session is authorized by Government Code '54956.8.

Mayor Rocha called the meeting to order at 7:00 P.M.;  City Clerk Martin called the roll.

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

PROCLAMATIONS

• Affordable Housing Week, June 6-12, l999

• Flag Day, June 14, l999

On motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously approved the Proclamations.

Council Member Davis presented the Proclamation proclaiming June 6-12, l999 as Affordable Housing Week. Mr. Merlin Wedepohl, Executive Director of Shelter, Inc., accepted the Proclamation on behalf of Shelter, Inc. and thanked the Council for their support in helping to provide affordable housing for the community.

Council Member Sudario presented the Proclamation proclaiming June 14, l999 as Flag Day. Joe Marks accepted the Proclamation on behalf of the Elks Club and noted he was hurt more people do not display flags.

Rick Carraher, representing the Antioch Rivertown Business Association, announced the 4th of July Celebration, which would be presented by the Antioch Rivertown Business Association in partnership with the City of Antioch. He gave an overview of the events scheduled for the day, and encouraged the public to attend the celebration and enjoy the historic downtown area.

Jack Campbell, Veteran of WWII, stated he had attended Memorial Day services at the cemetery, and commented he was very disappointed the City was not represented by either Council Members or a City representative. He stated the services are to honor those people who have died for our Country, and felt someone representing the City should have attended.

Joyce Baker reported on the deteriorating condition of the open space and jogging path in her neighborhood along Country Hills Drive. She stated the path was once a pleasing addition, but now is an eyesore with an abundance of dead plants, weeds, broken glass and garbage. She urged the Council to do whatever it takes to provide an adequate number of staff to ensure an appropriate level of maintenance in the open spaces.

Paris Piche, owner of Sno-White Drive In, gave an update of the "A & E Club." He felt the Club had been quite successful and thanked businesses who had recently entered the program.

Elvin Scott stated he has begun an organization to protect all pensions. He noted he would begin several class-action suits regarding pension fraud to show what some unscrupulous people have done to rob people of their pensions. He stated his organization would help all people, union or non-union, regardless of where they live.

3. DISTRIBUTION OF DRAFT 1999/2000 BUDGET, DRAFT MASTER FEE SCHEDULE, AND DRAFT CAPITAL IMPROVEMENT PROGRAM (CIP) WITH EXPLANATION OF TERMS FOR EACH

City Manager Ramsey noted that over the past two years, staff had been trying to simplify the Budget, making it easier to use and more understandable. He stated there would be a detailed Budget presentation at the June 15, l999 Council meeting, and asked Council to hold their questions and comments relating to details of the Budget until that time.

Financial Services Director Tasker presented a brief overview of the Draft 1999/2000 Budget and Draft Master Fee Schedule.

Council Member Freitas requested staff include an explanation of the process for Transfers In and Out when discussing that portion of the Budget.

Public Works Director Brandt gave a brief overview of the Draft Capital Improvement Program (CIP) along with an explanation of terms.

Council Member Sudario requested traffic counts and levels of service for the proposed roadway improvements, also for those not proposed. She also requested Financial Services Director Tasker to provide a Budget breakdown and a list of projects completed at Prewett Park.

On Motion by Council Member Sudario, seconded by Council Member Soliz, the Council unanimously voted to receive and file the report.

8. DISCUSSION OF GENERAL PLAN REQUIREMENTS AND CONSIDERATION OF A FEE ON NEW DEVELOPMENT, FOR CONSTRUCTION OR IMPROVEMENT OF ARTERIAL ROADWAYS

Council Member Freitas felt Council Member Sudario's direction was unclear and redundant, as Council had already directed staff to make a recommendation for an arterial road maintenance fee.

9. URGENCY ORDINANCE PROHIBITING FAST FOOD RESTAURANTS DURING INTERIM STUDY PERIOD

Community Development Director Ward presented the staff report dated June 3, l999, recommending the City Council direct staff as to its desired course of action based on the various alternatives identified in the "Options" section of the staff report. He noted should Council decide to place a moratorium on Fast Food Restaurants, the moratorium would not apply to the two fast food restaurants with existing entitlements under the Master Use Permit.

Jean Kuberra felt this item was a non-issue, and stated fast food franchises were "inexpensive relief havens" for families. She did note there were a lot of fast food restaurants, and felt Antioch did need better restaurants, but didn't feel fast food establishments presented competition with sit-down restaurants. She commented Antioch was supposed to be a free enterprise zone, where businesses were to feel welcome.

Lux Taylor, representing Potter Taylor & Company, noted they were the retail phase of the Williamson Ranch Center, and have spent a considerable amount of time and money securing the entitlements for their project, which included a fast food restaurant. He stated the fast food restaurant is a small but important part of their project, and they hoped to begin construction within the next couple of months. He asked Council to allow them to complete their project.

Judy Davidoff, attorney for Potter, Taylor & Company, stated she was reassured they would be allowed to move forward with their fast food restaurant, as the entitlements had been approved. Although their project would be moving forward, she felt there were less drastic means available to address the issue of an over abundance of fast food restaurants than an Urgency Ordinance.

Thomas Rocca, representing AMB-BTS, noted they had a fast food restaurant project with permits scheduled to be built in Antioch. He felt the Ordinance was unnecessary and thought there were less drastic measures that would address the concerns of Council. He further commented that the additional bureaucracy this Ordinance would impose, was unfair to developers.

Chuck Shaw, representing Jack In The Box, stated they had presented a proposal for the Williamson Ranch Project and felt his colleagues had addressed Council's concerns. He stated an Urgency Ordinance to keep fast food out of Antioch was not going to bring more sit-down restaurants. He urged Council to work with fast food restaurant developers to develop guidelines.

Sharon Baker voiced her opposition to the Ordinance, noting she and her family enjoyed fast food restaurants. She further noted fast food restaurants provide jobs for our youth and the elderly. She felt there were not enough fast food restaurants in Antioch, and people liked the convenience of these establishments.

Arne Simonsen stated he was opposed to the Ordinance, and noted these establishments produce a significant amount of sales tax revenue to the City. He felt this Ordinance sent a negative message to the business community, and urged Council to table this item.

James Kyle did not feel this was an matter of urgency. He felt the Planning Commission and Design Review Board could manage the issue of a concentration of one type of business in any one area. He noted fast food establishments and sit-down restaurants could co-exist in the same community, and felt it made no sense to legislate business. He urged Council to table this item.

Cary Dyer, Antioch Chamber of Commerce, felt this Ordinance was a bad move, and we should be more encouraging to businesses interested in coming to Antioch.

Council Member Freitas stated he was not opposed to fast food, yet he felt the City Council had a responsibility to look at how the City was growing and to try and determine if there were too many fast food establishments concentrated in one area. He stated he was concerned about the image it projects, and did not want Antioch to be known as the fast food center of Contra Costa County. He felt it was important to promote and establish a mindset of having balance and diversity. He further stated he was concerned we were going to have nine or ten fast food restaurants on prime commercial retail land in southeast Antioch. He suggested Council appoint two members from City Council, three members from Planning Commission and representatives from the business community to work together for a 60-90 day period of time, examine the issues and options, and report back to Council with a recommendation. He felt this was a more common sense approach.

Council Member Soliz stated during the past few months, the City had taken steps that were very "anti-business" in nature, and felt this Ordinance would be another nail in the coffin. He felt the current procedures, involving the Planning Commission reviewing applications on a case-by-case basis was adequate. He stated the Council should be very cautious and judicious about legislative action, and noted this Ordinance could be misinterpreted by the business community.

On motion by Council Member Soliz, seconded by Council Member Sudario, the Council tabled this item. The motion was carried by the following vote:

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

10. RESOLUTION AUTHORIZING MAYOR TO SIGN ACCOMMODATION AGREEMENT FOR APN 072-011-053, SKYLINE CREST ENTERPRISES, LLC. (SANITARY SEWER LATERAL, CYPRESS MEADOWS SENIOR PROJECT)

Public Works Director Brandt presented the staff report dated June 1, l999, recommending the City Council adopt the resolution approving the agreement.

Council Member Freitas referred to Page 2, Item 7c of the resolution, and felt a 30-day provision should be included. City Manager Ramsey stated staff would be happy to add the 30-day provision to Item 7c.

Council Member Sudario stated she had visited Cypress Meadows, and felt the project was an economic boost to the City of Antioch relative to providing nearly 250 quality local jobs.

RESOLUTION NO. 99/55

On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the resolution. The motion was carried by the following vote:

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

11. LEGISLATION AND ADVOCACY

Assistant City Attorney Yanie Chaumette recommended the City Council send letters of opposition to our legislators on Item #1 AB 402 Compulsory and Binding Arbitration. Police and Fire Employees and on Item #3 SM 739 Local Government Collective Bargaining. Agency Shop Fees.

On motion by Council Member Soliz, seconded by Council Member Davis, the Council agreed to send letters of opposition to our legislators on Items 1 and 3. The motion was carried by the following vote:

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

1. Claim of Mary Anderson, #98/99-1071

2. Claim of Hugh McArdle, #99/99-1087

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously approved the Consent Calendar, with the exceptions of Items E, F, and G, which were removed for further discussion. Mayor Rocha abstained on Item A.

ITEM E:  Council Member Sudario stated she was opposed to this item, as it was additional development, noting the City was not in compliance with the General Plan. She felt this developer agreement could be challenged in court under the public health and safety clause in the General Plan.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Consent Calendar Item E. The motion was carried by the following vote:

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

ITEM F:  Council Member Sudario stated she was opposed to this item, as it was additional development, noting the City was not in compliance with the General Plan. She felt this developer agreement could be challenged in Court under the public health and safety clause in the General Plan.

Council Member Freitas clarified these were not new developments, but developments that had received approval in previous years. Public Works Director Brandt stated the developments were approved with the tentative map, and approval of the final map was an administrative act Council was required to approve to remain in compliance with the Map Act.

On motion by Council Member Freitas, seconded by Council Member Soliz, Council approved Consent Calendar Item F. The motion was carried by the following vote:

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

ITEM G:  Council Member Sudario stated she was opposed to this item, as it was additional development, noting the City was not in compliance with the General Plan. She felt this developer agreement could be challenged in court under the public health and safety clause in the General Plan.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Consent Calendar Item G. The motion was carried by the following vote:

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

On motion from Agency Member Freitas, seconded by Agency Member Soliz, the Agency unanimously approved Agency Consent Calendar Item B.

Dan Richardson applauded the efforts of Council Member Freitas to reduce the number of fast food restaurants. He felt we were continuing to foster an atmosphere that encourages fast food, commuters and crowds. He felt sit down restaurants would encourage business in Antioch.

Council Member Soliz reported he attended a meeting of the Committee for Responsible Public Investment last week. He found the meeting to be interesting and informative. He noted if time allows, he would continue to attend these meetings and bring back information to the city.

City Manager Ramsey advised Council of the possibility of the State funds seized from cities in previous years being returned.

With no further business, Mayor Rocha adjourned the meeting at 10:28 P.M. to the upcoming Budget workshop on June 15, l999.

Respectfully submitted:

L. JOLENE MARTIN, City Clerk

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