MEETING MINUTES
Regular Meeting

January 25, 2000
7:00 p.m.
City Council Chambers

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

Council Member Soliz arrived at 7:12 P.M.

Mary Cornelison, on behalf of Fire Chief Keith Richter and the Contra Costa Fire Protection District, presented a certificate to Susan Musalo for her heroic actions during a near drowning at the Hillcrest Vista Condominiums on May 28, 1999. Gary Myhro, manager of the Association at Hillcrest Vista Condominiums presented Ms. Musalo with a certificate of merit on behalf of the Association honoring her as ACitizen of the Year.@ Ms. Musalo thanked everyone for the recognition.

Mike Malody announced the Antioch Mayor's Prayer Breakfast on April 13, 2000 at 7:00 A.M., noting this year's speaker would be Dr. Arlene Kaiser.

Barbara Sobalvarro, representing the Friends of Animal Services, announced The Music of Love and Romance, a Valentine Celebration on February 13, 2000 at 4:00 P.M. at the Nick Rodriquez Community Center in Antioch.

Council Member Soliz arrived at 7:12 P.M.

1. RESOLUTION APPROVING A REVISED CUL-DE-SAC PARKING ISLAND TENTATIVE MAP CONDITION OF APPROVAL
   

Public Works Director Brandt presented the staff report dated January 19, 2000, recommending Council adopt the resolution approving a revised condition of approval to permit the elimination of cul-de-sac parking islands at qualifying locations.

Kim Buttigieg, speaking on behalf of the residents in her neighborhood, stated their main concern had been the visibility of children playing in their court. She noted she was happy the City was no longer concerned about parking and thanked the City Council, Planning Commission, and Staff for their time.

Jacqui Graydon stated their concern was also for the safety of the children and the difficulty of getting out of their driveway should the cul-de-sac island be installed. She noted there had been no parking problems in their court during the holidays.

Jim Graydon stated the Ordinance was in place to provide additional parking, however the court in question was large enough to provide ample parking. He encouraged the City to look at this issue on a case-by-case base. He stated his main concern was a visibility issue for his and other children playing in the neighborhood.

RESOLUTION 2000/04

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

Mayor Rocha declared a recess at 7:45 P.M. The meeting reconvened at 7:53 P.M. with all members present.

2. REPORT ON PUBLIC CONCERNS REGARDING TRAFFIC VIOLATIONS VICINITY OF HILLSIDE ROAD

Acting Chief of Police Moczulski presented the staff report dated January 12, 2000, recommending the City Council receive and file the report.

Council Member Davis requested a breakdown of the results of the traffic trailer from both the display and non-display modes.

Director of Public Works Brandt clarified the speed limit on this road is posted 25 MPH, with the curves posting cautionary signs of 20 MPH advisory limit.

Eric Metz, asserting the report was flawed, presented the City Council with photos of the traffic monitoring devices noting the placement of the monitors at the corner, where traffic was slowing down to make the corner, could not provide accurate traffic patterns. He further noted the street was originally designed to be a dead-end street and encouraged Council to do something about what he described as a "dangerous street."

Kerry Dorn felt her street was a danger to her children noting her vehicle had been involved in a hit and run accident. She requested the City Council either return the street to a dead end, lower the speed limit and/or install speed bumps.

Tab Cecchini stated speeding vehicles on the street created a serious problem and suggested both a "Children at Play" sign and a 10 MPH speed limit sign posted at the last curve.

Jay Dynes expressed concern for the safety of the street. He recommended either installing speed bumps or returning the street to a dead end.

Ralph Hernandez stated the report was flawed noting radar boxes have limitations and have been known to malfunction. He further noted the limited dates of street monitoring would not provide the City Council with adequate data for a sound decision.

A motion by Council Member Sudario to make Hillside Road a non-mandated 10 MPH failed for lack of a second.

Council Member Freitas agreed Hillside Road had been a problem for many years and felt a 2-3 week delay before taking action would be appropriate. This would allow staff time present Council with all available options before taking action.

Council Member Soliz suggested Mr. Brandt come back to the City Council with a report at the next meeting to evaluate some traffic calming measures.

Acting Police Chief Moczulski stated the monitoring trailer had been in a non-display mode for one of the days it was used to monitor Hillside Road. The officers relied on the data from the computer printout, and followed up the data with officers at the site making personal observations and siting violations. In response to Council Member Soliz, he stated he would be happy to work with the residents and monitor the situation further.

Council Member Davis stated he agreed with Council Members Freitas and Soliz, noting his support of immediately installing a "Children at Play" sign.

On motion by Council Member Sudario, seconded by Council Member Davis, the City Council directed staff to install a "Children At Play" sign at both curves on Hillside Road temporarily until the problems are resolved. The motion carried the following vote:

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

Council Member Freitas stated he could not support the following motion as it was not appropriate for the City Council to micro manage. He noted a more appropriate motion would be to direct staff and the police department to return to Council in February with a comprehensive plan regarding Hillside Road, mandating them to work with the community.

Council Member Soliz also expressed concern this was moving into micro management and would support the Chief of Police working with the residents and issuing violations.

On motion by Council Member Sudario, seconded by Council Member Davis, a motion was made directing the Police Department to have a traffic officer at the site near the curves, out of site with radar and for the Chief of Police to prepare a new report by the next City Council Meeting. The motion failed by the following vote:

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

5. CONTRA LOMA ESTATES-TRAFFIC ENFORCEMENT ORDINANCE
   

Acting Police Chief Moczulski presented the staff report dated January 19, 2000, recommending: A) Motion to introduce Ordinance by title only; B) Motion to introduce the Ordinance amending Antioch Municipal Code 4-5, 41 1 1.1 to authorize enforcement of the California Vehicle Code laws on the private property alleyways located at the Contra Loma Estates condominium complex.

Mayor Rocha opened the public hearing.

Ralph Haynes, President of the Board of Directors for Contra Loma Estates, expressed concern regarding unregistered vehicles parked in the carports and speeders. He stated the Ordinance would aid management, reduce the risk of injury to homeowners and improve the overall quality of life.

Jackie Dynes, Community Association Manager for Contra Loma Estates, provided maps of the property indicating the alleyways and requested the City Council allow police to have more presence on the property patrolling the alleyways to improve safety.

With no other speakers, Mayor Rocha closed the public hearing.

On motion by Council Member Sudario, seconded by Council Member Freitas, the City Council unanimously adopted the Ordinance.

Mayor Rocha declared a recess at 8:53 P.M. The meeting reconvened at 9:00 P.M. with Council Members Sudario and Freitas absent.

6. THE CITY COUNCIL WILL CONSIDER THE ADOPTION OF AN ORDINANCE ESTABLISHING A NEW RESIDENTIAL DEVELOPMENT FEE KNOWN AS THE MUNICIPAL SERVICES FEE
   

City Manager Ramsey requested the public hearing be opened tonight and the public comment portion be left open to allow the City Council to hear public comments at the continuation of this item on February 8, 2000. He noted the City had been contacted by the law firm of Miller, Star, and Regalia, on behalf of the Seeno Corporation indicating they have not had time to adequately review the material.

Council Member Sudario arrived at 9:01 P.M. Council Member Freitas arrived at 9:02 P.M.

Community Development Deputy Director Carniglia presented the staff report dated January 20, 2000 recommending the City Council open the public hearing, hear testimony and continue the action to February 8, 2000.

Mayor Rocha opened the public hearing.

PROPONENTS

Terry Ramos stated this was the first implementation of the general direction of Measure "U." He noted his disappointment to see some of the developers displaying an uncooperative attitude and using delay tactics and encouraged their cooperation. He stated this fee was small compared to some of the other issues Measure "U" would be asking of the developers and the public would expect them to cooperate.

Tom McNell stated building in Antioch would be acceptable if the problems with traffic, schools, City services, and infrastructure could be fixed. He noted a moratorium on residential building was probable if the developers did not cooperate with the Measure "U" process. He further noted his support of this item and encouraged the City Council to approve housing that pays for itself.

GENERAL

Ralph Hernandez stated the amount of the fee proposed was insufficient to handle future police, water, and schooling needs. He suggested the City take a look at their expenditures for possible misuse. He proposed the City Council develop offsets.

Arne Simonsen stated his support of the concept of this fee along with the establishment of a trust fund. He noted he felt the City had gotten into this situation when the state took the property taxes away from the cities, along with mandates from the state and recent county fees. He further noted the 40-year period was too long. He discussed the police response rate from single-family to multi-family and sales tax revenue. He stated he would like to see if the City was making progress in the jobs-to-housing ratio. He suggested covering code enforcement under the fee schedule. He noted the concept was a good one but requested seeing the out year's projections so there would be a guarantee the fee would end.

Jean Kuberra stated she felt exemptions should be eliminated from the Ordinance. She noted the City approves subdivisions on the basis they are in compliance with the General Plan, making it difficult to say in a court of law the City has a shortfall in Measure "C" fees.

James Kyle, Jr. stated the City has been saying the builders and developers should be paying their own way. However, he asserted this was a service fee, for services used by the homeowner and therefore the residents should be paying for these services.

Allen Payton stated he felt the fee was too high and the southeast area residents were already paying enough in taxes. He stated this fee was taxation without representation. He suggested a one-time fee with a maximum time period of 10 years.

Norma Hernandez stated the City could not receive money from Measure "C" because the City was not in compliance with Measure "C." She stated fees should be applied to the areas that impact services. She noted the City does not need any more residential development.

AGAINST

Guy Bjerke, Staff Vice President of the Home Builders Association in Northern California, stated this fee was not about infrastructure, it was about how to pay for services. He noted there was no provision in state law authorizing the City to enact this type of fee. He noted the staff report did not indicate where police service calls were made or whether they were residential calls or business calls. He further noted the staff report points out there would be no deficit if the Antioch voters had not turned down the park maintenance and street light assessments.

Matt Innes, representing Warmington Homes, voiced his opposition to the fee as it would be passed  on to the buyers.

Merle Gilliland, representing Richland Development Corporation, presented a handout to the City Council regarding the fairness issue to all the residents of the City of Antioch. He stated this fee raised a lot of questions and should be looked at carefully.

Steve Hicks, representing William Lyons Homes, stated his opposition to the fee and requested it not be imposed on existing development agreements.

Community Development Deputy Director Carniglia stated Antioch (along with Brentwood) had the highest impact fee in the region. He then explained Measure "C" and the Municipal Services Fee were completely different. He noted the City was trying to fill the shortfall created when the Street Light and Landscape Districts were disolved.

Council Member Freitas stated it was not appropriate for the Council to discuss this item until the public hearing was closed, he then requested the January 25, 2000 memorandum received by the City Council be distributed to all interested parties.

Council Member Sudario clarified this fee was not a tax it is a fee to help the City maintain City services.

7. THE CITY COUNCIL WILL CONSIDER THE ADOPTION OF AN ORDINANCE TO REQUIRE AUGMENTED NOTIFICATION TO NEW HOME BUYERS CONCERNING THE REGIONAL TRAFFIC PROBLEMS FACING THE CITY AS WELL AS SCHOOL OVERCROWDING ISSUES

On motion by Council Member Soliz, seconded by Council Member Sudario, the City Council unanimously continued this item to the next regular Council meeting of February 8, 2000.

3. PREWETT FAMILY WATERPARK ANNUAL REPORT AND PROPOSED FEES AND SCHEDULE FOR THE 2000 SEASON

Deputy Director of Leisure Service Wetmore presented the staff report dated January 19, 2000 and gave a brief overview recommending:

A) Approval of the following proposed fee changes for the Prewett Family Water Park:

1. Eliminate Mello Roos Discount of $20 per household.

2. Offer 25% early discounts on season passes purchased before May.

3. Increase Park Buy-Outs by $150.

4. Increase Early Bird Slider Party by $25.

5. Increase Non-resident family additional pass by 90 cents and decrease non-resident family of 4 by 30 cents for ease of administration.

6. Increase group and private swim lessons by $1.00 for morning classes weekdays and $2.00 for weekdays from 1-3:00.

7. Increase registered water aerobic classes for morning and evening 15 cents and prime time by 10 cents.

8. Increase water aerobic drop-in classes by $1.00.

9. Increase lap swim classes by 25 cents and drop-ins by $1.00.

10. Start charging rental fees for patio use (Commercial and Private - $25.00/hr and Nonprofit - $16.00/hr).

11. Increase facility/security attendant fee by $10.00/hr.

B) Motion to recommend the City Council approve the proposed operating schedule:

1. Days open May 27 to September 3; September 9 and 10; September 16 and 17.

2. Open from 4 P.M. to 8 P.M. May 30 to June 9 and August 14 to September 1, except for Sunday/Saturday and Holidays.

3. Hours open 12 P.M. to 8 P.M. Sunday through Friday and 12 P.M. to 6 P.M. on Saturday.

Mr. Wetmore stated the WaterPark had received many awards and presented the City Council with a nationally published magazine highlighting Prewett Park.

Council Member Sudario noted she had received many phone calls from Mello Roos residents stating they were opposed to the elimination of the discount for Mello Roos residents. She stated Prewett Park staff should be giving the classes themselves in order to help eliminate the deficit.

Mr. Wetmore stated elimination of the Mello Roos discount was a recommendation of staff and visitors of the Park who were concerned the discount divided the community. He further noted these recommendations were sent to the Park and Recreation Commission for their approval before being presented to Council.

James Kyle, Park and Recreation Commission Vice-Chair, stated the Park and Recreation Commission unanimously voted to eliminate the Mello Roos discount noting Mello Roos was to build facilities not to operate them.

Ralph Hernandez stated he was opposed to the elimination of the Mello Roos discount. He suggested Park-in-Lieu fees be used to support Prewett Park.

Jean Kuberra questioned whether or not the proposed fees factored the variables, such as the weather, Skate Park, and the possibility of the Renaissance Faire coming into the City on park attendance. She requested information on the recovery of the shortfall money from the General Fund, and suggested a survey to determine the home addresses of those who frequent the Park.

Council Member Soliz stated the money from the General Fund was to provide for maintenance. He congratulated Mr. Wetmore and staff for the operation of the facility.

Council Member Sudario stated she could not support the elimination of the Mello Roos discount.

Council Member Freitas thanked staff and the Parks and Recreation Commission on an outstanding job following the directive to become self-sufficient. He requested the Mello Roos discount remain intact and have the City underwrite the Park from the General Fund.

Council Member Soliz stated the deficit reflects taking the Mello Roos discount away. Mr. Wetmore stated with the discount the difference is approximately $6,000.00 per year.

On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council unanimously approved Item 3B, Numbers 1 through 3.

On motion by Council Member Soliz, seconded by Council Member Freitas, the City Council unanimously approved item 3A, Numbers 2 through 11.

On motion by Council Member Soliz, seconded by Council Member Davis, the City Council approved item 3A, Number 1. The motion carried the following vote:

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

11. LEGISLATION AND ADVOCACY

Council Member Soliz suggested the City take a position on the Park Bond issue. City Manager Ramsey noted they had arranged for a presentation on this issue prior to the election.

Jean Kuberra stated she wanted to call the City Council's attention to Propositions 26 and 14. She stated she would like a similar consideration of these two measures stating both can present costs on new residents.

Council Member Freitas gave a brief report on AB1648 stating the bill had been amended and was sent out for a study to come back in two years. He noted the letter sent from Mayor Rocha to all the other City Councils was well received at the Contra Costa Transportation Authority and thanked the City Council Members on taking this position.

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

8. COUNCIL CONSENT CALENDAR

1. APPROVAL OF COUNCIL MINUTES:  December 14, 1999 and January 5, 2000
   
2. APPROVAL OF COUNCIL WARRANTS
   
3. APPROVAL OF TREASURER'S REPORT:  December, 1999
   
4. RESOLUTION NO. 2000/05C ACCEPTING WORK AND AUTHORIZING CITY

ENGINEER TO FILE A NOTICE OF COMPLETION FOR CONTRA LOMA BOULEVARD RECONSTRUCTION FROM HIGHWAY4TO BUCHANAN ROAD (PW 271-9)

5. RESOLUTION NO. 2000/06CACCEPTING COMPLETED IMPROVEMENTS FOR DEERFIELD SUBDIVISION, UNIT Vl, TRACT NO. 7283 (PONDEROSA HOMES) (PW 487-6)

6. RESOLUTION NO. 2000/07CACCEPTING COMPLETED IMPROVEMENTS FOR DIABLO EAST SUBDIVISION, UNIT Vl, TRACT NO. 8079 (WESTERN PACIFIC HOUSING, PORTER DIVISION) (PW 571-6)

7. RESOLUTION NO. 2000/08CACCEPTING COMPLETED IMPROVEMENTS FOR DIABLO EAST SUBDIVISION, UNIT Vll, TRACT 8122 (WESTERN PACIFIC HOUSING, PORTER DIVISION) (PW 571-7)

8. APPOINTMENTS OF TWO (2) COUNCIL MEMBERS TO COMMUNITY FACILITIES DISTRICT BOARD OF DIRECTORS (MELLO ROOS)

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

Mayor Rocha adjourned to the Antioch Development Agency.

9. AGENCY CONSENT CALENDAR

1. APPROVAL OF AGENCY WARRANTS#401-02

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

None

Council Member Davis congratulated and thanked the Youth Council for their efforts at the Dedication of the Skate Park. Referring to comments made at the beginning of the meeting, Council Member Davis read a motion made by Council Member Sudario, seconded by Council Member Freitas, from the approved minutes of the September 14, 1999 approving a Green Waste Program with a monthly pick-up and a comprehensive educational program for the community on recycling. The motion had failed by the following vote: AYES: Sudario; NOES: Davis; Soliz, Rocha; Abstain Freitas. He noted he brought this up to affirm that all Council Members had all voted to implement a Green Waste Program.

Council Member Sudario stated the minutes were incorrect and she would be asking The Treeman Show, Of, By, and For the People, or The Shawn South Show to play exactly what happened at the September 14, 1999 City Council meeting. She noted her motion was to reduce the garbage can size and reduce the rate by $3.00 per month.

None

With no further business, Mayor Rocha adjourned the meeting at 11:15 P.M., to a joint Council Meeting with the City of Pittsburg on January 27, 2000 at Pittsburg City Council Chambers at 6:30 P.M.

Respectfully Submitted:

L. JOLENE MARTIN, City Clerk