Work Session

November 15, 1999
7:00 p.m.
City Council Chambers

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Mayor Rocha called the meeting to order at 7:02 P.M.; City Clerk Martin called the roll.

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

Excused:  Council Member Sudario

Mayor Pro Tem Davis led the audience and Council Members in the Pledge of Allegiance.


Community Development Deputy Director Victor Carniglia presented the staff report dated November 10,1999 recommending the City Council direct staff to prepare an ordinance establishing a Municipal Services Fee.

Community Development Deputy Director Carniglia responded to several questions from Council Member Freitas regarding the staff report. Council Member Freitas stated he would like to receive documentation to justify a 40-year span for this fee and 5% return rate on investments. Mr. Carniglia stated the 40-year span for this fee was a conservative analysis and the 5% return on investment considers the rate of inflation. Financial Services Director Tasker discussed the rate of return on investments. Discussion on several other issues including police services, trends and forecasting, administration of the fund and the source of average sales price for new homes ensued. Suzanne Lambert, consultant, noted the fee would apply to any new home pulling a permit; the property tax structure came from Proposition 13. She stated the 1999-2000 Budget was used as a reference to maximize the legality of this fee and would need to be re-evaluated every year. She noted the refuse franchise fee would need to be changed to reflect the percentage of revenues.

Council Member Freitas requested a report on police calls for service and the response cost.

Mr. Carniglia stated he would return to Council with alternatives to the one-time fee. Public Works Director Brandt noted administratively the City currently deals with different fee rates throughout the City and collecting this fee would not be a major task. In response to Council Member Soliz, Mr. Carniglia stated it would be logical to update this fee as part of the budget process annually. He then reviewed the process used in other cities to determine similar fees. Council Member Soliz suggested the City consider looking at new ways of restructuring the park district similar to East Bay Regional Parks.

City Attorney Galstan stated there were a number of legal issues involving this type of fee, adding the fee would be validated in court after its adoption by the Council. He noted this issue would be brought back to Council with written responses to questions and options for other ways to cover the shortfall.

Council Member Soliz stated his support of a one-time fee, provided it was large enough and the rate of return was sufficient to keep it going.

Council Member Freitas felt the focus should be on providing safeguards to prevent the funds from being spent.

Jean Kuberra felt this was a special tax requiring a 2/3-vote approval ballot measure. She discussed the impact to the revenue of an employee to administer these funds.

Jim Conley requested the Council consider rental and commercial units. He expressed concern for units built in areas with the current assessments or with the possibility of future assessments. He stated that if the City used interest only as an expense on a one-time fee, the life of the fee would not be an issue.

Mayor Rocha declared a recess at 8:30 P.M., the meeting reconvened at 8:40 P.M. with all members present or excused.


Director of Public Works Brandt presented the staff report dated November 11, 1999, recommending the City Council receive and file the report. Mr. Brandt gave a brief overview of the project area.

Don Bright spoke on behalf of the CRAWDAD group stating public input had been gathered from the neighborhood and downtown merchants to direct and support the AA@ Street and Second Street extension.

Joseph Goralka, a member of CRAWDAD, discussed the alignment decision by the City Council and noted the railroad tracks would need the buffer this extension would provide. He stated the downtown merchants support the Second Street extension.

John Dierke, CRAWDAD member, stated the downtown Rivertown residents support a two-way connector for the AA@ Street extension.

Jean Kuberra, CRAWDAD member, questioned the assessment district decision to exclude the businesses on Second and Third Streets. She noted with the increased traffic on AA@ Street this project should require a full EIR and the City Council should be developing a Specific Plan for downtown.

Jim Boccio stated the City Council needs to address the fact that not everybody in the community is paying for the parks since the utility tax failed in some areas of Antioch. He suggested the City trade the dedicated right-of-way to compensate the cost.

Dr. Franz stated Mr. Chow would need to be compensated if any land is taken but the value of the land has lessened since the railroad traffic has increased.

Mrs. Stamm reviewed the history of the AA@ Street extension. She noted the residents fully support the Second Street extension.

Council Member Freitas stated the City Council needed to make a decision on the AA@ Street extension and recommended Council move forward as this item had a critical element in the General Plan Update. He requested a Specific Plan be prepared and directed staff to contact financial institutions to find a means to finance this link between AA@ Street and the downtown area.

Council Member Soliz voiced his support of the Second Street extension and recommended the City work with the Downtown Rivertown Business Association and research the availability of funding for capital construction along waterways. He suggested the City look at its inventory of properties and possibility of liquidating some assets to help fund this project. He noted it was important to enhance the downtown business district. He further noted the Hickmott Cannery site could potentially be a Brown Field site and federal funding may be available.

Council Member Davis stated this project needed to be looked at again to revitalize the downtown and voiced his support of the Second Street extension. He suggested the City try to negotiate with the owner of the Chow property regarding the access road.

Mayor Rocha stated the issue in need of resolution was freeing money from the lights and parks system to improve the downtown.

Council Member Freitas requested a Specific Plan be prepared concurrently with the updating of the General Plan.


Community Development Deputy Director Carniglia presented the meeting schedule for implementing Measure AU@ based on policy direction provided by the City Council at the September 14,1999 Council meeting.

Council Member Freitas stated the rate of new development would require various study sessions and requested the number of units discussions be moved to the January-February 2000 time frame.

Mr. Carniglia stated they would be meeting with developers with existing development agreements by the end of 1999.

Council Member Soliz directed staff to prepare a news release correcting the record for the public regarding the course of action at the subcommittee meeting. Council Member Freitas stated the subcommittee did not have the power or authority to make decisions and only had the power to make a recommendation to the City Council and supported Council Member Soliz=s recommendation to correct the record.


With no further business, Mayor Rocha adjourned the meeting at 9:35 P.M., to the meeting of November 23, 1999.

Respectfully Submitted:


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