MEETING MINUTES

September 14, 1999
7:00 p.m.
City Council Chambers

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

Mayor Rocha called the meeting to order at 6:00 P.M., and City Attorney Galstan called the roll.

Present: Council Members Davis, Soliz, Freitas, and Mayor Rocha; Council Member Sudario arrived at 6:19 P.M.

Mayor Rocha called the regular meeting to order at 7:03 P.M., and City Clerk Martin called the roll.

• National Hispanic Heritage Month, September 15 - October 15, 1999

• Coast Weeks, September 18 - October 11, 1999

• California Cleanup Day, September 18, 1999

• First Annual Ramble 'Round the Reservoir Dog Walk, September 19, 1999

• Delta Band Review, September 25, 1999

• Driftwood Yacht Club Day and Make-A-Wish Day, October 2, 1999

Council Member Davis presented the Proclamation to Friends of Animal Services, Karen Kopps, proclaiming September 19, 1999 as the First Annual Ramble >Round the Reservoir Dog Walk. Ms. Kopps invited the public to attend the event, which would take place at the Contra Loma Reservoir at 10:00 A.M.

Council Member Sudario presented the Proclamation to Antioch High School Band Members, Jennifer Warren and Brittany Augustine, proclaiming September 25, l999 as Antioch Band Review Day. Miss Warren invited the public to attend the parade which would begin at 9:00 A.M. and include 25 high school bands from throughout Central and Northern California.

1. PRESENTATION TO SENATOR RICHARD RAINEY, ASSEMBLYMAN TOM TORLAKSON, AND COMPY COMPOMIZZO FOR ACKNOWLEDGMENT OF FISHING PIER CLEAN-UP GRANT

City Manager Ramsey relayed the story of meeting Mr. Compomizzo who expressed to him his love of the Delta, its importance to the entire community, and how sad it was the fishing area around the fishing pier had been spoiled by debris. He noted Mr. Compomizzo began collecting donations throughout the City, and had come before Council requesting help in funding the clean-up of the fishing pier. Mr. Ramsey then noted $25,000 had been set aside from a BFI penalty payment to assist in the clean-up, adding to the donations from Mr. Compomizzo=s efforts, but it still fell short of the amount needed to dredge the fishing pier area. He stated a special request was made to both houses of the State Legislature, requesting help in securing a funding source. He thanked Senator Rainey and Assemblyman Torlakson for responding to the special request made by the City, noting they are here tonight to present the City and Mr. Compomizzo with a $50,000 check for the fishing pier clean-up.

Mayor Rocha presented a thank you gift to Senator Rainey, Assemblyman Torlakson and Compy Compomizzo as a show of appreciation from herself and the community.

Senator Rainey and Assemblyman Torlakson noted Mr. Compomizzo is a Champion for the Delta and thanked him for his life-long dedication to the community and the Delta.

Mr. Compomizzo thanked the Council for the honor, and noted on Saturday, September 18, l999 the "Kid's Fishing Derby" would be held at the Contra Loma Reservoir.

James Kyle, Member of the Board of Directors of the Rivertown Jamboree, announced the 14^th Annual Rivertown Jamboree would be held on September 25 and 26, l999. He gave a brief overview of the events and entertainment scheduled for the event.

Bill Gegg announced the City of Antioch would be hosting a series of Y2K Community Forums to help relieve the anxiety of Y2K and also to educate the public on natural disaster/emergency preparedness. He noted the forums were scheduled for September 21, l999 at Deer Valley High School, October 14, l999 at Mission School, November 10, l999 at Antioch High School, and December 1, l999 at Deer Valley High School, with all forums beginning at 7:30 P.M.

Barbara Sobalvarro, Friends of Animal Services, announced there would be a Blessing of the Animals at the Antioch Animal Shelter on October 9, l999 at 11:00 A.M. She also announced the 4^th Annual Black Cat Ball would be held on Saturday October 16, l999 at 6:30 P.M.

Jean Kuberra announced she has a new show on Channel 25, called "Antioch News and Views," noting the first show would air on September 20, l999 at 6:00 P.M.

Mayor Rocha noted a meeting dealing with the Urban Limit Line was held in Brentwood on September 8, l999. She further noted at a joint meeting of the City Council and the School Board held on September 1, l999, a technical error had occurred when she adjourned the Council without specifying she was adjourning to the Urban Limit Line meeting on September 8, 1999. She apologized to the community, and noted she was working with staff to ensure this error would not be repeated.

Robert Wagnon discussed the problems occurring behind his property at the Hillcrest Senior Housing facility. He thanked those Council Members who had come to his home to look at the site, and inquired what Council plans to do to address his neighbors and his concerns regarding the soundwall, hours of construction and the obstruction of view. He stated he was discouraged that so many of the residents' questions had gone unanswered.

George Derry referring to the Hillcrest Senior Housing project, thanked the Council for their help concerning the soundwall, noting construction has temporarily stopped on the soundwall. He stated the builders were not complying with the designated hours of construction, and inquired what could legally be done to contractors who violate the terms of their Use Permit. Mayor Rocha asked City Manager Ramsey to look into the matter.

John Rosema noted he lives directly behind the Hillcrest Senior Housing Project, and stated there was 8-1/2 feet of roofline above the fence line. He noted he had attended several Planning Commission meetings regarding the project and was assured there would be no view obstruction. He further commented the builders were not complying with the designated hours of construction, and felt the builder should be penalized for violation of the conditions of the Use Permit.

Ron Anderson asked if City personnel had been negotiating with the Renaissance Entertainment Corporation (REC), and if there was any new information regarding the Renaissance Faire coming to Antioch. Council Member Sudario stated she was in receipt of a memo from City Manager Ramsey stating the REC was considering a signature drive, with the intention of placing an initiative on the March 2000 ballot. Mr. Anderson stated this information should have been made available to the public, and felt City Manager Ramsey was overstepping his authority by negotiating with the REC. He further stated he had previously asked a question concerning a developer's responsibility to pay a $1.50 per square foot, a one-time fee for schools, and felt the memo he received from the City Attorney did not adequately answer his question. City Attorney Galstan responded stating he felt his memo did in fact answer Mr. Anderson's question. As Council had received a copy of the memo, he asked any Council Member who felt the answer was inadequate to please let him know.

Devin Russell objected to anyone from City staff entering into negotiations with the REC, without informing the public. He expressed concern that the REC is placing the item on the ballot, so that they will be allowed to side-step the EIR.

City Manager Ramsey stated the City had not been involved in negotiations with REC on any issue, including an EIR. He noted inquiries had been exchanged between REC and City staff, however, the exchange had been restricted to pertinent information regarding the ballot process.

Mayor Rocha declared a recess at 8:00 P.M. The meeting reconvened at 8:17 P.M. with all members present except for Council Member Soliz who arrived at 8:19 P.M.

9. RESOLUTION APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT SUTTER HEALTH AND SUTTER DELTA MEDICAL CENTER

Assistant to the City Manager Bill Gegg presented the staff report dated September 2, l999, noting staff recommended the adoption of the Resolution to approve the Installment Purchase Financing by the California Statewide Communities Development Authority for Sutter Health and Sutter Delta Medical Center.

Mayor Rocha opened the public hearing.

PROPONENT:

Linda Horn, CEO Sutter Medical Health Center, urged Council to support the refinancing of their bonds. She stated the main reason for the refinancing was that they currently had variable interest rates, and would like to obtain fixed rates. She noted they were the only ER and acute care Hospital from Concord to Tracy, and feel they were a valuable asset to the community. She further noted they were a major employer with 584 employees.

Dr. Robert Grosswood noted he was an ophthalmologist who has been on the Sutter Delta Medical staff for 15 years. He urged the Council to support the resolution, noting Sutter Delta Hospital was an asset to our community, offering the only Acute Care Hospital in the area.

Bob Temen, Chairman of the Board of Trustees for Sutter Delta, noted it was the Board=s recommendation they ask Council to approve the resolution so they could refinance their bonds.

Mayor Rocha closed the public hearing.

RESOLUTION NO. 99/129

On motion by Council Member Sudario, seconded by Council Member Freitas, the Council unanimously adopted the resolution approving the Installment Purchase Financing by the California Statewide Communities Development Authority for Sutter Health and Sutter Delta Medical.

COUNCIL REGULAR AGENDA

2. REPORT ON WATER SUPPLY AND USES IN THE CITY OF ANTIOCH

City Manager Ramsey commented there had been a concern expressed about whether or not the City had an adequate water supply. Therefore he had requested Public Works Director Brandt prepare this report to answer questions regarding the City=s current and future water supply.

Assistant City Engineer, Ron Bernal, presented the staff report dated September 7, l999, recommending the City Council receive and file the report.

Norma Hernandez expressed her concern regarding the water supply during drought years, and felt the report should have addressed drought years, not just years when water was plentiful. She felt residential growth would seriously impact the community during drought years, and felt the population growth was ruining the ecological balance of our Delta.

Council Member Freitas, former member of the Board of Directors of the Contra Costa Water District, stated that 85% percent of all water shipped from north to south is used for irrigating crops in the Central Valley, with only 8% to 10% of water being potable water. He noted droughts in California were inevitable, yet the area was better prepared for droughts now than ever before, due to Los Vaqueros reservoir and Antioch=s direct water diversion system.

Council Member Sudario read from an editorial in the Contra Costa Times, regarding water usage in the Delta and the impacts of droughts. She noted difference of opinion with Council Member Freitas, and felt development would, in fact, affect our water supply during drought years.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council unanimously received and filed the report.

3. RESOLUTION ADOPTING RESIDENTIAL GREENWASTE PROGRAM AND APPROVAL OF ADDITIONAL FEES FOR THIS SERVICE

Assistant City Engineer Bernal presented the staff report dated September 14, l999, recommending the City Council adopt the attached resolution approving the Green Waste Program and a rate increase to pay for this service.

Assistant City Engineer Bernal discussed with Council ways in which customers could downsize their garbage cans to offset a portion of the Greenwaste Program rate increase. He further noted the City was searching for other ways to increase the diversion rate, such as upscaling our current recycling program.

Due to transmission problems with TCI, Mayor Rocha called a recess at 9:00 P.M. The meeting was reconvened at 9:06 P.M. with all members present.

Tim Argente, General Manager of Allied, noted a brochure would be distributed to customers informing them to call Allied if they wished to have their current garbage cans downsized and reduce their rate.

Ralph Hernandez, Chairperson for Citizens for Democracy, stated their organization was opposed to the proposed rate increases, and asked Council to reconsider. He noted commercial and industrial customers should also be included and share in the cost of the Program. He felt Council should look into the City's garbage waste going to a lower priced landfill or put it out to bid for another disposal company with lower rates.

Norma Hernandez noted this Program did not decrease the amount of waste dumped at the landfill, it only separates solid waste from green waste. She felt the garbage rates should not increase, and stated customers should be allowed to use their own recycling containers, to encourage an increase in recycling.

Jean Kuberra requested a definition of green waste, and asked who would be responsible for educating the public regarding the changes the adoption of this program would bring, and if the fee was monthly or bi-monthly. She felt it was the City's responsibility to educate the people regarding recycling.

Susan Hurl, representing Allied, responded to questions from Council concerning commercial property being included in the Program, stating they were not currently focusing on yard waste for commercial customers. However, they were sending out a recycling survey to commercial customers to obtain information to assess the waste generated by large users in Antioch and in turn, use the information to increase recycling for commercial customers.

Council Member Sudario stated the contract indicated these were not fixed rates and Allied had the option to increase the rates on July 1, 2000. She felt the key to reducing solid waste was to educate people on recycling, and the City should allow the public to use their own clearly marked trash cans for recyclable items. She noted by increasing recycling, customers could downsize their garbage can and receive a reduction in rates.

On motion by Council Member Sudario, seconded by Council Member Freitas for discussion, to approve the Greenwaste Program with a monthly pick-up, and to provide a comprehensive educational program to the community on recycling, and for Allied to no longer provide the 96-gallon size garbage container, the motion failed by the following vote:

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

On motion by Council Member Soliz, seconded by Council Member Davis, the Council adopted the bi-weekly service cost with 500 exemptions and 1,075 senior discounts for a regular rate of $3.59 and a senior rate of $2.59. Also, within six months staff would come back to Council and include commercial and industrial sites in the Greenwaste Program. The motion was carried by the following vote:

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

Mayor Rocha declared a recess at 9:50 P.M. The meeting reconvened at 9:56 P.M. with all members present with the exception of Council Member Freitas who arrived at 10:00 P.M.

5. BUDGET REVISION APPROVING $22K FOR AFTER SCHOOL YOUTH PROGRAMS


Recreation Services Manager, Dave Sanderson presented the staff report dated September 8, l999, recommending the City Council appropriate $22,000 from the Child Care Fund 223 for After School Youth Programs in Fiscal Year 1999-2000.

Teen Youth Coordinator, Gina Lombardi, gave a brief overview of the Program and a variety of activities being offered.

Dolores Long, Principal of Antioch Middle School, stated they were very excited about the program and keeping kids off the streets and out of trouble. She noted they were currently applying for Grant Programs, as they were not expecting the City to fund this program indefinitely.

Director of Financial Services Tasker noted the $22,000 from the Child Care Fund would not affect any current programs. He explained the funds were coming from the lease/purchase of the Mary Rocha Center, stating the lease/purchase payments were less than the rent currently received.

Jean Kuberra felt the partnership between the City and the school was formed without any real public participation. She also inquired about the staffing that would be required to implement the Program, and who would be responsible for the liability involved.

Recreation Services Manager Sanderson discussed the staffing issue, noting Gina Lombardi would be the Coordinator, along with two part-time City staff employees, whose salaries were included in the $22,000. He further noted the tutoring program was the school=s responsibility and there would be a parent volunteer program.

Norma Hernandez stated she did not like the City and the School District being in a partnership, when it had not been made clear who would be responsible for the program=s insurance.

On motion by Council Member Soliz, seconded by Council Member Davis, the Council appropriated $22,000 from the Child Care Fund #223 for After School Youth Programs in FY 99-00. The motion was carried by the following vote:

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

6. BUDGET REVISION APPROVING $41K CONTRIBUTION TO THE CROSSING GUARD PROGRAM OF THE ANTIOCH UNIFIED SCHOOL DISTRICT

City Manager Ramsey presented the staff report dated September 9, l999, recommending the City Council appropriate $41,000 from the General Fund for crossing guard services in FY 99-00.

Norma Hernandez stated the School District was now receiving the money the State had taken away from the cities, and felt it should be the School District=s financial responsibility to fund crossing guards. She further stated the Council should check into who would be liable, since the City would be the one funding the crossing guards.

Ralph Hernandez stated he was not opposed to helping children, but felt it was the School District=s responsibility to pay for the crossing guards. He further stated the School District has used their money improperly, and felt they should stop asking the City to bail them out.

Jerry Macy, Associate Superintendent for Business Services at the School District, stated it was disheartening to hear the allegations against the School District. He noted this was a project the City and School District were working on together, and the School District was not asking for a handout.

Council Member Sudario, referring to the Grand Jury Investigation of the School District, asked Mr. Macy to investigate the foundation had collected $600,000, that was originally created to provide funding for more crossing guards. She stated there was $500,000 missing from that foundation, and inquired as to when the School District was going to get back to her with the information on what had happened to the money designated for crossing guards. Mr. Macy stated all of his resources indicate there were no remaining problems, and every item in the Grand Jury Investigation had been resolved leaving no issue open or unresolved. He stated if a Council Member had any additional documentation he could use, he would appreciate a copy. He stated it was hard to respond to her lashing out, and felt her actions and accusations were inappropriate.

Jean Kuberra felt the Police Department should properly train crossing guards.

Gwen Watson shared what she had recently learned regarding the link between the School District and City services, pointing out crosswalks were on City and not school property. She stated she supports the City helping to fund this necessary service.

City Attorney Galstan responded to questions from Council regarding the City=s liability stating that by virtue of the financial contribution, the City was not, in his opinion, liable, noting the crossing guards would be employees of the School District.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council appropriated $41K from the general fund for Crossing Guard services in FY 99-00. The motion was carried by the following vote:

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

4. ADOPTION OF POLICIES FOR MEASURE AU@ IMPLEMENTATION

Community Development Deputy Director Carniglia presented the staff report dated September 14, l999, recommending the City Council: A) adopt the attached resolution directing staff to prepare the necessary documents to implement the policy statements, and; B) appoint a Council subcommittee to work with property owners and developers on possible renegotiation of development agreements.

City Attorney Galstan discussed the legalities of the proposed Policies, stating it would be in the Council=s best interest to first form a subcommittee to work with the developers on possible renegotiations of development agreements prior to implementing Policies 1-3.

Merle Gilliland, Richland Homes, felt Attachment #1 referred to in the resolution was going to be problematic, and asked Council to work with it.

Allen Payton stated Measure AU@ had been an advisory measure. Job creation should be linked with phasing the building rate, and the numbers could be increased if certain goals were met.

Ralph Hernandez felt the interpretation of Measure AU@ was not only subjective, but it was only an advisory measure. He stated the developer agreements should not be extended. Antioch was in need of jobs and businesses.

Norma Hernandez stated there were 4,719 homes still to be built in Southeast Antioch with tentative maps, development agreements, and assessments districts, and those should be allowed to proceed. All others could be stopped, and urged Council to not extend the developer agreements.

Mark Brady stated he hoped the developers were willing to work with the Council subcommittee. Referring to the staff report, he asked why #9 could not be included with #2 and #3, and was told by Community Development Deputy Director Carniglia it was because of agreements previously executed with the School District. Mr. Brady then requested the wage and hiring policy be included.

Roger Henry urged the Council to not continue to do Abusiness as usual@ or they would likely not be on the Council in four years, as the public was expecting them to lower the number of homes being built to less than the 700 per year.

Mark Frazier, Silveroak Development Corp., a developer who had recently acquired property in Antioch, stated his acquisition of Antioch property was based in part on the validity of the developer agreement. He stated he had made a deal with the City and he expected the City to honor that agreement. He urged the Council to work with the developers.

On a motion by Council Member Freitas, seconded by Council Member Davis stipulating that new residential growth, defined as growth lacking entitlements and development agreements, that an annual building cap of 500 units be established; the cap would be reviewed every two years for possible modification; the allocation method would include the following items: A) Receipt of the development application; B) Project readiness; C) Assessments, if any; D) Total number of units being built; E) That a AJobs to Housing Ratio@ would be established consisting of two jobs for every house before the permits could be pulled; F) The minimum salary for those jobs would be $12 per hour, plus benefits; and G) Retail jobs would be excluded, office and manufacturing jobs would be targeted. The motion passed by the following vote:

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

On a motion by Council Member Freitas, seconded by Council Member Soliz, the Council moved that the East County Fee and Financing Authority which was presently $5000, be increased to $10,000 per dwelling unit. This was premised on several things: A) That the additional revenue be set aside specifically for the City of Antioch; B) That the City request the East County Financing Authority increase the rate throughout Eastern Contra Costa County; C) Should the East County Fee and Financing Authority not agree to increase the existing rate from $5K to $10K within 12 months, the Antioch City Council would review the fee and all the collected fees to that date and thereafter would be a benefit to the local streets of Antioch. The motion passed by the following vote:

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

On motion by Council Member Freitas, seconded by Council Member Davis, the Council voted to approve the staff recommendation as presented in the staff report for policies #5:  Prospective Homebuyer Information; #7:  Municipal Services Fee; #8:  Economic Development Fee; #9:  School Mitigation; #10: Job Creation and V. Regional Coordination #1:  Regional Business Park; #2: Delta Five Principles and VI. Administrative Issues #1: Court Validation; #2: Annual Review. The motion passed with the following vote:

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

On Motion by Council Member Freitas, seconded by Council Member Davis, the Council approved by the following vote to approve policy No. 6 as it relates to McBail project and directed the City Attorney to return to the City Council with an answer to the question Ado the terms and conditions of the McBail project relate to future development?@

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

On Motion by Council Freitas, seconded by Council Member Sudario, the Council unanimously approved the formation of an ad hoc committee composed of two Council Members to deal with the issue of existing development agreements. That when the ad hoc committee meets it would be done in a public setting; and that the ad hoc committee as a frame of reference, is to ascertain which developers would complete their projects by December 31, 2002, and which developers may not. During the ad hoc subcommittee discussions the annual growth rate cap allocation be discussed, along with project completion, the Regional Traffic Fee, the Municipal Services Fee, the Economic Development Fee, school mitigation, which would include the possibility of land donations for school sites, job creation, and that these meetings be agendized properly with an agenda posted for the public. An addendum to the motion included Mayor Rocha appointment of Council Members Davis and Freitas to the ad hoc subcommittee.

Council Member Freitas stated he was hopeful the subcommittee would be able to return to Council in 45 to 60 days with a recommendation to be considered by Council for adoption. He added the Council should not be misled to believe the developers would agree to all of Council=s requests, but he felt it was important for Council to pursue full agreement.

7. UPDATE ON STATE GUN LEGISLATION - SB15 RELATING TO THE PROHIBITION OF "SATURDAY NIGHT SPECIAL" FIREARMS
   

Council Member Soliz noted that this item is outside of the purview of local government, and is governed solely by Federal and State law, which overrides any action taken on a local level.

8. LEGISLATION AND ADVOCACY

On motion by Council Member Freitas, seconded by Council Member Sudario, Council voted unanimously to receive and file Items 7 and 8.

10. COUNCIL CONSENT CALENDAR

1. APPROVAL OF COUNCIL MINUTES:  August 10, 17, and 24, 1999
   
2. APPROVAL OF COUNCIL WARRANTS
   
3. APPROVAL OF TREASURER'S REPORT:  July 1999
   

4. REJECTION OF CLAIM

   1. Doris Rominger, #99/00-1106

5. ORDINANCE NO. 961-C-S ADDING SECTIONS 6-8.11 THROUGH 6-8.21 AND SECTION 9-5.19 TO THE ANTIOCH MUNICIPAL CODE, THE TOBACCO-FREE YOUTH ORDINANCE

6. CONSIDERATION OF BIDS FOR CAVALLO ROAD 21-INCH SANITARY SEWER MAIN FROM EAST 14TH TO EAST 18TH STREET (PW 83-S2)

7. RESOLUTION NO. 99/130 REVISING AND ESTABLISHING CLASS SPECIFICATIONS AND SALARIES FOR CERTAIN POSITIONS IN THE DEPARTMENT OF FINANCE/LEISURE SERVICES

8. RESOLUTION NO. 99/131 APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT BETWEEN CITY OF ANTIOCH AND MEADOW CREEK ESTATES, INC. FOR THE CONSTRUCTION OF MEADOW CREEK PARK (PW 563-P)

9. RESOLUTION NO. 99/132 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING CITY CLERK TO ADVERTISE FOR BIDS FOR REHABILITATION OF 3-MILLION GALLON ZONE II WATER STORAGE RESERVOIR ON LONE TREE WAY (PW 246-21)

10. RESOLUTION NO. 99/133 ACCEPTING WORK AND AUTHORIZING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION FOR "A" STREET RECONSTRUCTION (PW 491-2)

11. RESOLUTION NO. 99/134 APPROVING FINAL MAP AND IMPROVEMENT PLANS FOR BEAR RIDGE SUBDIVISION, UNIT 2, KIPER DEVELOPMENT INC., TRACT NO. 7251 (PW 576-2)

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council voted unanimously to approve the Consent Calendar, with the exceptions of Items E, G, I, and K which were removed for further discussion.

ITEMS G, I, AND K:  On motion by Council Member Freitas, seconded by Council Member Soliz, the Council approved Consent Calendar Items G, I and K. The motion was carried by the following vote:

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

ITEM E: Lynette S. James-Shahraz stated she disagreed with Section 6.8.14 of the Ordinance regarding licensing, as she felt TIGHT had not submitted any local statistics indicating merchants needed to be regulated in this manner. She further objected to the City charging a licensing fee, noting the amount of this proposed fee was not identified in the Ordinance. She felt if the City wanted to prevent youth from smoking they should follow the suggestions made by LEAD, which would incur consequences on any minor attempting to purchase tobacco, or persons furnishing tobacco to minors.

On motion by Council Member Freitas, seconded by Council Member Soliz, the Council adopted the Ordinance as is, with the comments of the speaker to be discussed with the City Attorney and the Chief of Police to return to Council with a report on the specifics of the legality and enforcement of this Ordinance. The motion was carried by the following vote:

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

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

11. AGENCY CONSENT CALENDAR

    1. APPROVAL OF AGENCY MINUTES:  August 10 and 24, 1999

    2. APPROVAL OF AGENCY WARRANTS

    3. RESOLUTION NO. ADA-358 AUTHORIZING STAFF TO NEGOTIATE PURCHASE WITH THE OWNER OF PROPERTY LOCATED AT 804 & 806 W. 5TH STREET

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

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

Jean Kuberra discussed Measure AU@ and read from the General Plan pertaining to developer agreements, noting she has urged Council in the past to rezone land to commercial whenever possible. She expressed the need for the training of crossing guards.

Gina Suarez stated she was opposed to the Renaissance Faire coming to Antioch.

Council Member Freitas noted SCA3 was defeated in the Assembly and had become a two-year bill and would return in January. He further mentioned the Lone Tree Glenn subdivision, stating he believed the City had effectively resolved the issue and thanked Phil Harrington and Frank Palmeri for their efforts.

Mayor Rocha noted the Closed Session, held before the regular meeting, had dealt with Personnel, and there was nothing to report. She further noted AB1012 was still alive and would be going to the Governor for signature, and urged the public to send letters to the Governor in support. She also mentioned there was a meeting in Martinez to discuss the Urban Limit Line and the alternate plan had been accepted by Supervisor Canciamilla.

City Manager Ramsey noted a request had been made by Council to report on ash drifting across the river when the islands were being burned. Assistant to the City Manager Bill Gegg gave a brief report on the process used to control the burns on the islands.

With no further business, Mayor Rocha adjourned the meeting at 12:55 A.M. to the next scheduled City Council meeting on September 28, l999.

Respectfully Submitted:

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