Day 1994.01.11CC


CITY OF VACAVILLE
COUNCIL MINUTES
January 11, 1994

A meeting of the City Council of the City of Vacaville was held at the City Council Chambers, 650 Merchant Street, January 11, 1994.  The meeting was called to order by Mayor Fleming at 7:45 p.m.  (Vacaville Public Finance Authority meeting held prior to regular meeting)

ITEM 1 -    ROLL CALL

        Present:        Council members Clancy, Kahn, Tatum, Vice Mayor Kimme, and Mayor Fleming

        Absent:        None

        Others Present:    City Manager John P. Thompson
                    City Attorney Charles Lamoree
                    City Clerk Kathy Andronico

ITEM 2 -    INVOCATION FOLLOWED BY THE PLEDGE OF ALLEGIANCE
The Invocation was dispensed with and the Pledge of Allegiance was led by Council member .

ITEM 3 -    APPROVAL OF AGENDA
Mayor Fleming asked if there were any additions or deletions necessary for the agenda.  

A motion was made by , seconded by Council member , "to approve the agenda as wwritten/amended."  Motion unanimously approved.   

ITEM 4 -    APPROVAL OF MINUTES
A motion was made by Council member , seconded by , "to approve the minutes of the regular City Council meeting of January 11, 1994, as written."  Motion unanimously approved.

ITEM 5a -    CITY PHOTO CONTEST AWARDS

ITEM 5b -    MORTGAGE CREDIT CERTIFICATES

ITEM 6 -    CONSENT CALENDAR
Mayor Fleming asked if there was any Council member or member of the audience who would like to remove an item from the Consent Calendar for separate discussion.  

A motion was made by Council member Tatum, seconded by Vice Mayor Kimme, "to adopt resolutions and other items listed on the Consent Calendar.  Motion approved by the following vote:

    AYES:        Council members Clancy, Kahn, Tatum, Vice Mayor Kimme, and Mayor Fleming
    NOES:    None
    ABSENT:    None

a)    RESOLUTION NO. 1994-1 - RESOLUTION OF INTENT TO ABANDON A PUBLIC UTILITY EASEMENT ACROSS THE PROPOSED ALAMO/BUTCHER OFFICE COMPLEX

b)    RESOLUTION NO. 1994-2 - RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT TO CONTRACTOR - DEPOT STREET/MASON STREET WIDENING - PHASE I

c)    RESOLUTION NO. 1994-3 - RESOLUTION ESTABLISHING THE COMPOSITION OF AN APPEALS PANEL AND THE APPEALS PROCESS FOR DENIALS OF AMERICANS WITH DISABILITIES ACT (ADA) PARATRANSIT ELIGIBILITY UNDER THE SAN FRANCISCO BAY AREA REGIONAL CERTIFICATION SYSTEM


d)    RESOLUTION NO. 1994-4 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING PROPOSED AGREEMENT BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE AND CONPAC DEVELOPMENT CORPORATION FOR THE EXCHANGE OF PROPERTY (APN 131-030-710 FOR APN 130-204-2,3,4,5,6 AND 9) AND AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE AND IMPLEMENT AGREEMENT

    RESOLUTION NO. 1994-5 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE APPROVING PARKING LOT AGREEMENT - NORTHWEST CORNER OF MASON AND DAVIS STREETS - BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE AND RICHARD OPPENHEIMER AS TRUSTEE OF THE MAURICE OPPENHEIMER FAMILY TRUST AND AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE AND IMPLEMENT AGREEMENT

ITEM  7 -    BUSINESS FROM THE FLOOR - None

ITEM 8a -    RESOLUTION TO MODIFY RESOLUTION NO. 1993-44 AS TO THE INCREASE OF BASIC BIMONTHLY WATER SYSTEM SERVICE CHARGES
Director Pfeiffer reviewed the staff report for the record and noted that, at its December 14 meeting, the City Council had selected Option 2 which would increase the basic bimonthly service charge only, leaving consumption charges and the tiered structure intact.  He pointed out that senior rates for service charges of meters have historically been set at 15% below basic rates.  However, currently there is no differentiation in charge between meter sizes which causes, for example, the 1 1/2" meter charge to be 83% below the basic rate.  Staff recommended that the meter charges for seniors be adjusted to reflect the 15% reduction from basic rates.

Public hearing was opened and closed by Mayor Fleming with no public comments noted.

After Council discussion, the consensus was to charge those seniors with 5/8" and 3/4" meters $8.64 bimonthly (which involves 96% of the customers in the senior category); and those seniors with 1" and 1-1/2" meters, $21.60 bimonthly, for a period of one year. Staff was directed to inform these customers that their rate would be maintained for one year, at which time the rate will be adjusted to reflect the 15% reduction.

A motion was made by Council member Kahn, seconded by Council member Tatum, "to adopt a resolution modifying Resolution No. 1993-44 increasing the basic bimonthly water system service charges effective February 1, 1994, and to phase-in the new senior rates as indicated in earlier discussion."  Motion unanimously approved. Resolution No. 1994-6, "RESOLUTION TO MODIFY RESOLUTION NO. 1993-44 AS TO THE INCREASE OF BASIC BIMONTHLY WATER SYSTEM SERVICE CHARGES", was approved by the following vote:

    AYES:        Council member Clancy, Kahn, Tatum, Vice Mayor Kimme, and Mayor Fleming
    NOES:    None
    ABSENT:    None

ITEM 8b -    RESOLUTION APPROVING THE 1993/94 UPDATE TO THE ADA JOINT PARATRANSIT COMPLIANCE PLAN FOR THE TRANSIT OPERATORS IN SOLANO COUNTY AND AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO SUBMIT THE PLAN UPDATE TO THE FEDERAL TRANSIT ADMINISTRATION, THE METROPOLITAN TRANSPORTATION COMMISSION, AND OTHER APPROPRIATE AGENCIES
Director Pfeiffer reviewed the staff report for the record.  He noted that ADA requires an annual public hearing and plan update documenting accomplishments and planned actions.

Public hearing was opened and closed by Mayor Fleming with no public comment noted.

A motion was made by Vice Mayor Kimme, seconded by Council member Tatum, "to adopt the subject resolution."  Resolution No. 1994-7, "RESOLUTION APPROVING THE 1993/94 UPDATE TO THE ADA JOINT PARATRANSIT COMPLIANCE PLAN FOR THE TRANSIT OPERATORS IN SOLANO COUNTY AND AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO SUBMIT THE PLAN UPDATE TO THE FEDERAL TRANSIT ADMINISTRATION, THE METROPOLITAN TRANSPORTATION COMMISSION, AND OTHER APPROPRIATE AGENCIES, was approved by the following vote:

    AYES:        Council member Clancy, Kahn, Tatum, Vice Mayor Kimme, and Mayor Fleming
    NOES:    None
    ABSENT:    None

ITEM 9a -    RESOLUTION ADOPTING REGULATIONS FOR THE REVIEW OF CABLE TELEVISION BASIC RATES AND THE ENFORCEMENT OF CUSTOMER SERVICE STANDARDS
Management Assistant Laurie Decker, City Managers Office, explained that the new federal Cable Act specifies guidelines which allow a city to become certified to regulate rates for the cable television basic service tier and the installation and equipment associated with using the basic tier.  The guidelines also specify customer service standards that may be enforced by the local franchising authority.  She stated that the City must adopt local regulations for the rate review proceedings and provide the cable company with a 90-day advance notice of its intent to enforce these standards.  MA Decker stated that TCI was given notice on November 1, 1993, of the City's intent to enforce these standards, making them effective February 1, 1994.

Lance Barnes, General Manager for TCI, acknowledged the regulations being adopted and stated this his company intended to comply.

A motion was made by Vice Mayor Kimme, seconded by Council member Kahn, "to adopt the resolution establishing local cable television regulations."  Resolution No. 1994-8, "RESOLUTION ADOPTING REGULATIONS FOR THE REVIEW OF CABLE TELEVISION BASIC RATES AND THE ENFORCEMENT OF CUSTOMER SERVICE STANDARDS," was approved by the following vote:

    AYES:        Council members Clancy, Kahn, Tatum, Vice Mayor Kimme, and Mayor Fleming
    NOES:    None
    ABSENT:    None

ITEM 9b -    IMPLEMENTATION OF AB-75:  CITY REPRESENTATION ON THE YOLO-SOLANO AIR QUALITY MANAGEMENT DISTRICT
The City Manager advised that on October 9, 1993, the Governor signed AB75 which provides for representation by cities on the governing board of the Yolo/Solano Air Quality Management District.  AB75 provides that, on July 1, 1994, the membership of each unified air quality management district shall include representation by city elected officials, as well as county officials.

Community Development Project Manager Dave Hubbell explained the proposed make up of the district and Mayor Fleming suggested a representation formula.  He felt it would be appropriate to appoint two Solano County Supervisors (4th and 5th Districts), two members of the Vacaville City Council, and one from Dixon.  After some Council discussion, Mayor Fleming offered to contact Rio Vista and Dixon with Vacaville's recommendation for representation.  Council member Tatum offered to sit on the board should Vacaville be represented.

ITEM 9c -    FISCAL IMPACT OF THE ALAMO PLACE SUBDIVISION
Removed from the agenda at the request of the developer.

ITEM 9d -    MASTER WORK PLAN PROGRESS REPORT
The City Manager presented the Master Work Plan report.  He noted that at a previous Council meeting, the City Council had asked staff to review the sign ordinance and make recommendations regarding possible amendments.  The City Manager asked Director Werner to review staff's intended approach to the request, after which the Council may wish to prioritize the project compared to other items currently on the Work Plan.

Director Werner stated that staff could, within 90 days, provide public information and perhaps hold a couple study sessions for public input.  He stated that staff will research sign ordinances from other cities as they compare to Vacaville's.  Director Werner suggested a publicity effort which would include sending notices to businesses currently in violation of the ordinance, provide information for voluntary compliance, and inviting them to attend a public information meeting.  He suggested the Planning Commission should be involved in the process and should make recommendations to the City Council regarding possible amendments.

Mayor Fleming noted that the intent is not to change the entire ordinance, or lower the sign ordinance standards.  He agreed that the Planning Commission is the proper board to investigate the changes.

Council member Tatum felt the City currently has a middle-of-the-road ordinance and that an important aspect to consider is its enforcement.  In his opinion, enforcement is currently inconsistent.  He agreed that this issue belongs at the Planning Commission level for input, review, and development of verbiage, with final approval by the City Council.

The City Manager suggested that the City Council receive reports from the Planning Commission and that the proposed amendments be presented to the City Council so that the concepts can be reviewed prior to developing specific ordinance amendments.

Vice Mayor Kimme agreed with the City Manager's suggestion and noted that his main concern is with safety issues and sight distance on roadways rather than the aesthetics of signs.

Vice Mayor Kimme stated that, although he did not want this request put on the Work Plan, he would like to receive a report on the recent development and implementation of the Police Department's Valley/Foothill Divisions.  He also noted that a "park watch" is being developed for the new playground at Andrews Park.  Vice Mayor Kimme thanked staff for the time and energy they put into developing the Work Plan and noted that it is a very useful tool.

A motion was made by Vice Mayor Kimme, seconded by Council member Clancy, "to accept the Work Plan report as submitted."   Motion unanimously approved.

ITEM 10 -     FUNDING FOR NON-PROFIT GRANT REQUESTS
The City Manager explained that last year, the City Council had budgeted $7,500 for the 1993/94 contributions to non-profit organizations, and that this would be the final year for the program.  He stated that staff intends to solicit requests and also notify the organizations that this is the final year for contributions.  Information only - no further action or comments made.

ITEM 11 -    COUNCIL COMMENTS
Mayor Fleming explained that staff has been researching the refinancing, with a lower interest rate, on some of the debt associated with Measure I.  The City Manager stated that the issue may be placed on the next agenda.  He noted that refinancing may produce an estimated annual savings of $50,000, however an exact figure would not be available until bonds are actually sold and placed.  The City Manager advised that the authorization to proceed with the financing would be placed on the next agenda for approval by the Council.  A motion was made by Mayor Fleming, seconded by Council member Clancy, "to direct staff to investigate how the savings might be passed on to parcel owners and report back to the Council."  Motion unanimously approved.
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Council member Kahn continued the discussion from the Redevelopment Agency meeting held prior to the City Council meeting, at which Mr. Harry Schneider, on behalf of the tenants of the Cal-Hawaii building, discussed the 2-hour parking limitation in the Triangle Parking Lot.  He suggested that staff research the possibility of charging business-owners for parking in the downtown parking lots, perhaps setting aside the monies collected for future parking facilities.  Vice Mayor Kimme noted that the Downtown Merchants have been discussing this issue and might want to talk to City staff.  Council member Tatum noted that some problems exist because of the mix of retail, and noted that the needs will always be a factor which causes  parking limitation discrepancies.  He suggested looking at a new parking district.
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Council member Tatum commented on the retirement of Solano County Sheriff Al Cordoza and wished him much success in the future.
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Vice Mayor Kimme advised that the annual Martin Luther King, Jr., celebration will be held in Fairfield, Sunday, January 16 at 3 p.m.  He also acknowledged the progress of the recently implemented Counter Force Program and stated that he is already getting positive feedback on its progress.  Vice Mayor Kimme stated that there was a meeting of the Healthy Vacaville Task Force on January 10, and the potential of having a dental clinic "up and running" very soon to serve low income families is progressing nicely.  He also thanked McDonald's Restaurant and owner C.C. Yin for his help and enthusiasm for this project.  He noted that printed information is being made available, through the restaurant, regarding required youth immunizations.
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Council member Clancy congratulated Vacaville citizen Michelle Schlick-Harris on her recent appointment to the Solano County Grand Jury.  Council member Clancy stated that she had attended the Congressional Oversight Hearing (regarding the future Veterans Hospital) in Fairfield and commented on the enormous participation.

ITEM 12 -    PAYMENT OF CLAIMS
It was moved and seconded, "to order the payroll register dated December 15 and 31, 1993 and check register dated December 21, 1993 and January 5, 1994 paid."  Motion unanimously approved.

ITEM 13 -    closed session - The meeting was adjourned at 9:23 p.m. in order to hold a Closed Session pursuant to Government Code Sections 54950 et. seq., Vaughn v. City of Vacaville, and Section 54965.6 to discuss labor negotiations.  The meeting was resumed at 10:20 p.m. with no announcements made.

ITEM 14 -    ADJOURNMENT - There being no further business before the City Council, the regular meeting was adjourned by Mayor Fleming at 10:21 p.m., January 11, 1994.


Respectfully submitted,


Kathleen M. Andronico
City Clerk