ANTIOCH CITY COUNCIL
Regular Meeting November 14, 2000
7:00 P.M. Council Chambers
Mayor Rocha called the meeting to order at 7:05 P.M., congratulating Mayor Elect Freitas and Councilmembers Elect Kalinowski and Simonsen. City Clerk Martin called the roll.
Present: Councilmembers Freitas, Davis, and Mayor Rocha
Absent: Councilmember Soliz
Councilmember Soliz arrived at 7:22 P.M.
PLEDGE OF ALLEGIANCE
Councilmember Davis led the Council and audience in the Pledge of Allegiance.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
Cheryl Dunn, representing Delta Word Weavers and the Antioch Public Library, announced Toleration 2000 on November 18, 2000, at 7:00 P.M. at Los Medanos College.
MARY ALLAN CTEACHER OF THE YEAR
Mayor Rocha honored Ms. Allan by recognizing her as Teacher of the Year. Ms. Allan thanked Mayor Rocha for the presentation.
Elvin Scott updated the community on his efforts to obtain a hearing with the IRS. He noted information was available on his website regarding pension funds.
Cheryl Dunn, Contra Costa Coordinator for the California Worthy Wage Coalition, discussed Governor Davis= signing of AB 212. She asked the Council to support various issues and bills affecting the salaries of Childcare Teachers currently in the legislature.
Mayor Rocha noted she felt the poor wages received by those who care for our children and elderly in need of constant care should be of concern to everyone. She stated she believed in a living wage for everyone, and especially those who care for our most vulnerable citizens.
Fran Vaughan thanked family and friends who supported him during his campaign for a Council seat. He encouraged the community to stay active in the future and congratulated Councilmembers Elect Kalinowski and Simonsen and Mayor Elect Freitas.
Jean Kuberra read a letter addressed to Mayor Rocha from the State of California Department of Justice in behalf of Bill Lockyer, California Attorney General, dated August 11, 2000, regarding the update of the General Plan.
City Manager Ramsey stated the City had responded to the letter regarding the preparation process for the General Plan update.
Mayor Rocha announced the agendized public hearing items would be continued to November 28, 2000.
COUNCIL REGULAR AGENDA
1. ANIMAL SERVICES UPDATE #1302‑01
City Manager Ramsey introduced the item and provided a brief background of Animal Services.
Police Chief Moczulski introduced Lieutenant Stephen McConnell who presented the staff report dated October 31, 2000 and provided a brief overhead presentation.
David Stegman, Executive Director of Tony LaRussa's Animal Rescue Foundation, discussed the collaboration efforts of their organization with the City, which would focus on community outreach, volunteer recruitment, marketing, animal adoption, rescue programs and ultimately result in fewer animals being euthanized. He stated they were looking forward to working with the City to move their agenda forward.
Police Chief Moczulski followed up the staff report presentation with a brief summary of the City's response to the American Humane Association's recommendations, the formation of a partnership with Animal Rescue Foundation and asked Council to approve the recommendations as outlined on pages 9 and 10 of the staff report.
City Manager Ramsey noted it was also staff's recommendation for Animal Services to provide quarterly progress reports to the City Council.
Councilmember Soliz voiced his continued support of the program. He did not feel the Hayden Bill was the sole reason for overcrowding at the Shelter, noting the City=s increased population since the Shelter was built, coupled with the absence of any changes to the facility itself. He urged staff to recruit for the Supervisor=s vacancy through Veterinarian Schools.
Jean Kuberra voiced her support of the City sharing its resources with all of East County, in an effort to increase the scope of treatment and care given the animals.
Barbara Sobalvarro expressed concern for the number of animals that had to be euthanized along with the condition of the Shelter during her recent visit. She took exception to the staff report noting her figures for this year through September indicated an increase euthanasia and a decline in adoptions. She requested the Council form a citizen=s committee and be specific regarding ARF=s involvement in the community. She presented the City Council with surveys prepared by citizens of Antioch regarding the conditions of the current shelter facility.
Carmen Aguilar‑Ochoa commended those involved for his or her dedication to the animal population. She suggested the City divert funds from the Arts, Music and Culture to the Animal over population. She requested the Spay and Neuter clinic provide signs stating adopted pets can choose to go to private vets and the formation of a citizen's advisory group.
Nancy Ross, a volunteer at the Antioch Shelter, voiced her support of the animal shelter, staff and volunteers. She further noted she supports the upgrading of the positions, partnership with ARF, and citizens= advisory group. She encouraged the council to assure ARF includes all of the existing animal groups, pursue the build out and additional staff on Saturdays. She requested clarification on the holding period for animals.
Dorothy Moure expressed her concern regarding ARF not requiring mandatory spaying and neutering of animals before adoption.
Karen Kopps, President of Friends of Animal Services, voiced the groups support of the recommendations of staff and the partnership with ARF. She urged the City Council to adopt the operating policy.
Jim Conley voiced his support of the Animal Shelter combining efforts with ARF and urged the Council to approve the recommendations.
Shannon Dulmere, Mary Dempsey, Mildred Beck and Staci Webb did not wish to speak, but provided written comment for Council's consideration.
Lieutenant McConnell reviewed the procedures for Veterinary care of the animals at the shelter.
Following discussion, Police Chief Moczulski stated he was committed to being involved in the frequent meetings with the public, adding the meetings would be adequately noticed. He voiced his support for quarterly reports to the City Council.
David Stegman noted there would be public meetings approximately every couple of months.
Terry Rodman, Director of Programs for ARF, reiterated ARF=s commitment to mandatory spaying or neutering prior to releasing any animal for adoption.
On motion by Councilmember Soliz, seconded by Councilmember Davis, the Council unanimously approved the following:
1. INTERMEDIATE PHILOSOPHY ‑ Adopting an intermediate holding philosophy would be a blend of both short‑term and long‑term care based on the daily conditions and needs within the shelter with an emphasis on aggressive health, disease and sanitation procedures. As a matter of practice, the Antioch Animal Shelter has regularly exceeded the fourteen-day holding period and it is our desire to continue this practice and provide each and every animal an opportunity for adoption. Although, it is our desire to do so, our success is dependent upon the successful implementation of collaborative efforts with animal welfare organizations, to include strong marking and adoption programs. An intermediate philosophy provides shelter staff with the flexibility to address the constantly changing animal population, while maintaining the animals= best interests, our principal objective.
1. Reclassify the supervisor position to a manager to increase management expertise and authority of accountability.
2. Reclassify the animal shelter clerical personnel from the current job classification of Secretary II to that of a Customer Service Representative.
3. Approve the partnership between the City of Antioch and Tony LaRussa's Animal Rescue Foundation. This collaboration would focus on community outreach, volunteer recruitment, marketing, animal adoption, rescue programs and ultimately in fewer animals being euthanized.
4. Maintain the existing animal care facility while maximizing the partnership with ARF to increase animal adoptions and volunteer assistance with the shelter=s animal care.
5. Quarterly reports will come back to the City Council regarding progress and any issues that need to be resolved regarding this partnership. The first report due April 2001.
Mayor Rocha declared a recess at 9:20 P.M. the meeting reconvened at 9:37 P.M. with all Members, with the exception of Councilmember Freitas who arrived at 9:38 P.M.
2. FILLING OF CITY COUNCIL VACANCY; OPTIONS AND TIMING #301‑01
City Attorney Galstan presented the staff report dated November 6, 2000, recommending the City Council receive and file the report.
In response to Councilmember Davis, City Manager Ramsey clarified the cost for an election for the vacant City Council seat could range between $30,000 and $80,000.
Fran Vaughan voiced his support for the City Council to appoint the third runner up in the November 7, 2000 Election, James W. Conley, to the remaining City Council seat.
1. REVIEW OF NOISE STUDY FOR THE SKATE PARK FACILITY AT PREWETT FAMILY PARK (PW 394‑15A) #1402‑01
Public Works Director Brandt presented the staff report dated November 6, 2000, recommending Council review the noise study prepared by the acoustical firm of Bollard & Brennan for the Skate Park Facility at Prewett Family Park and direct staff to continue the current security arrangements at the park.
Dave Wetmore discussed the positive results of the security firm Peace Keepers, noting the after-hours problems at the skate park had been eliminated. He reviewed the financial impact to the City from vandalism. He further noted vandalism had ceased since Peace Keepers had been on site.
Police Chief Moczulski stated they had seen a tremendous reduction in after hours activity at the site and provided statistics for the City Council to consider.
Councilmember Freitas requested staff update the Council in the Spring, Summer and Fall.
On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Council unanimously received the report and directed staff to continue the current security arrangements at the park.
2. PREWETT FAMILY WATERPARK ‑ ANNUAL FINANCIAL REPORT FOR THE 2000 SEASON AND PROPOSED SCHEDULE AND FEES FOR THE 2001 SEASON
Dave Whitmore presented the staff report dated November 7, 2000 and gave a brief overhead presentation reviewing the 2000 Season, recommending Council approve the proposed schedule and fees for the 2001 Season.
Councilmember Freitas stated he could not support staff's recommendation without a discount to the Mello Roos rate payers.
On motion by Councilmember Soliz, seconded by Councilmember Davis, the Council approved the proposed schedule and fees for the 2001 Season.
The motion carried by the following vote:
AYES: Rocha, Soliz, Davis NOES: Freitas
3. ORDINANCE ADDING SECTION 9‑5.3828.1 TO THE ANTIOCH MUNICIPAL CODE, DEALING WITH OUTDOOR RETAIL SALES #202‑06
Community Development Director Ward presented the staff report dated November 14, 2000, recommending Council receive and file the report.
Councilmember Soliz stated he felt the ordinance was too restrictive in its referral to retail development and requested Council remove the section dealing with undeveloped property.
ORDINANCE NO. 979‑C‑S
On motion by Councilmember Freitas, seconded by Councilmember Davis, the Council adopted the ordinance as presented. The motion carried by the following vote:
AYES: Rocha, Freitas, Davis NOES: Soliz
6. DRAFT PRINCIPALS OF AGREEMENT FOR INTERIM TREATED WATER SUPPLY #1202‑01
Public Works Deputy Director Harrington presented the staff report dated November 14, 2000, recommending Council approve, in concept, the modified Draft Principles of the Agreement, as submitted by the Contra Costa Water District to the City of Antioch, to provide an interim treated water supply from the District's portion of the Randall‑Bold Water Treatment plant and direct the Public Works Director to finalize the agreement.
Councilmember Freitas stated since the City was renting the facility, his concerns were regarding the methodology as it pertained to the prorated value for wear and tear of the facility. He requested Director of Finance/Leisure Services Tasker review the principle regarding compensation for interest costs as the raw water provision included principal and interest.
Councilmember Soliz suggested staff consider the possibility of looking at East Bay Municipal Utility District as an alternative and requested a discussion item regarding this issue for Council consideration. Public Works Deputy Director Harrington stated this item would be considered as part of the future long‑term solution study.
On motion by Councilmember Freitas, seconded by Councilmember Davis, the Council unanimously approved, in concept, a modified Draft Principles of Agreement with the following changes to bullet points #5 and #10 to read:
1. A separate agreement to deliver treated water from the District's portion of the Randall‑Bold Water Treatment Plant from their clearwell to the City's distribution system will be negotiated between the City and Diablo Water District.
1. The term of the agreement will be five years with 5‑year renewal from agreement executed by both the City and the District.
And the addition of principals #=s 11 and 12 to read:
2. In the event of the consolidation of Diablo Water District and Iron House Sanitation District this agreement shall not be changed or altered.
3. The District shall provide the City with all documentation in a reasonable amount of time once it is requested.
Staff was directed to ascertain the reasoning behind Bullet point #7. The question being, why would the City be responsible for equipment it does not own but is directed to maintain: Aa prorated value for wear and tear of the Treatment Plan facilities.@
7a. RESTAURANT DEFINITION CATEGORIES #204‑01
This item was continued to the next regular Council Meeting on November 28, 2000.
7b. TAYLOR PROPERTIES REQUESTS APPROVALS FOR A FINAL DEVELOPMENT PLAN FOR AN OFFICE DEVELOPMENT WITHIN PHASE 4 INCLUDING A LIGHTING PLAN FOR BOTH PHASES 3 AND 4 AND A USE PERMIT TO ALLOW CHILD CARE WITHIN THE OFFICE DESIGNATION OF THE GENERAL PLAN ON PROPERTY LOCATED WEST OF THE NORTHWEST CORNER OF LONE TREE WAY AND HILLCREST AVENUE (WILLIAMSON RANCH PLAZA) (PD‑00‑02, UP‑00‑15A) #202‑03
This item was continued to the next regular Council Meeting on November 28, 2000.
COUNCIL CONSENT CALENDAR
1. APPROVAL OF COUNCIL MINUTES October 24, 2000 #301‑03
2. APPROVAL OF COUNCIL WARRANTS #401‑02
3. REJECTION OF CLAIMS #704‑07
1. Claim of Mehmet Kutsal, #00/01‑1177
2. Claim of Thomas & Ardith Denney, #00/01‑1189
4. RESOLUTION NO. 2000/141 ACCEPTING THE PROPOSAL FROM BROWN AND CALDWELL FOR UPDATING THE CITY'S URBAN WATER MANAGEMENT PLAN (PW 340‑6) #1202‑01
5. RESOLUTION NO. 2000/142 APPROVING A REVISION TO THE PROPOSAL FROM MCGILL, MARTIN, SELF, INC. TO INCLUDE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES IN THE WIDENING OF EAST EIGHTEENTH STREET FROM WILLOW AVENUE TO STATE HIGHWAY 4/160 (PW 225‑20) #1102‑04
6. RESOLUTION NO. 2000/143 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS FOR THE EXTENSION OF "A" STREET FROM SIXTH STREET TO SECOND STREET (PW 516‑A) #1102‑04
7. CONSIDERATION OF BIDS FOR THE DEMOLITION AND REMOVAL OF BUILDINGS AND STRUCTURES AT MISCELLANEOUS LOCATIONS (PW 469‑17) #1001‑02
8. RESOLUTION NO. 2000/144 DECLARING INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 17 ON SOMERSVILLE ROAD BETWEEN WEST TENTH STREET AND STATE HIGHWAY 4 (PW 300‑17) #806‑02
1. RESOLUTION NO. 2000/145 AMENDING THE 2000‑2001 BUDGET BY REALLOCATING ONE METER TECHNICIAN POSITION AND ONE PIPEFITTER LEADWORKER POSITION TO TWO PIPEFITTER I/II POSITIONS #509‑02
1. RESOLUTION NO. 2000/146 REASSIGNING UNIT DESIGNATION FOR ONE SECRETARY I/II POSITION #509‑03
2. RESOLUTION NO. 2000/147 REVISING CLASS SPECIFICATION FOR NETWORK ADMINISTRATOR TO NETWORK ADMINISTRATOR I/II AND ESTABLISHING COMPENSATION #509‑02
3. RESOLUTION NO. 2000/148 AUTHORIZING AGREEMENT FOR ONE GARAGE SALES OFFICE CONVERSION IN DIABLO WEST SUBDIVISION, UNIT 7 (WARMINGTON HOMES), TRACT NO. 8312, LOT 577 (PW #579‑7) #802‑02
On motion by Councilmember Davis, seconded by Councilmember Soliz, the Council unanimously approved the Consent Calendar with the exception of items A and H.
Item A ‑ Councilmember Davis stated he was not present for the meeting of October and would abstain from voting on the approval of minutes.
On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Council approved item A. The motion carried by the following vote:
AYES: Freitas, Soliz, Rocha ABSTAIN: Davis
Item H ‑ Councilmember Davis stated he would be abstaining on voting on this item due to a conflict of interest.
On motion by Councilmember Freitas, seconded by Councilmember Soliz, the Council approved item H. The motion carried by the following vote:
AYES: Freitas, Soliz, Rocha ABSTAIN: Davis
Councilmember Freitas gave a brief report on the following Veteran's Day events: The Dedication of the Blue Star Memorial plaque at City Park; The National Balloon Release; and, the VFW event. He stated all events were important and encouraged the City to work with the School District to focus on Veterans and patriotism next year. He commended Councilmember Davis, staff and the Riverview Museum for their participation in these events.
Mayor Rocha read the Blue Star Memorial Marker that was dedicated at the Riverview Museum.
Councilmember Davis encouraged the Council and staff to start planning for the 4th of July celebration noting he felt it should be a special event in celebration of Antioch's becoming 150 years old.
With no further business, Mayor Rocha adjourned the meeting at 10:38 P.M., to the next regular meeting on November 28, 2000.