Day 1995.09.12CC
COUNCIL MINUTES
September 12, 1995
A meeting of the City Council of the City of Vacaville was held at the City Council Chambers, 650
Merchant Street, September 12, 1995. The meeting was called to order by Mayor Fleming at 6:37
p.m.
ITEM 1 - ROLL CALL
Present: Council members Clancy, Kahn, Kimme, Vice Mayor Tatum, 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 given by Pastor Frank Salamone, Trinity Baptist Church, and the Pledge of Allegiance was led by Council member Kahn .
ITEM 3 - APPROVAL OF AGENDA
Mayor Fleming asked if there were any additions or deletions necessary for the agenda.
City Manager stated that he would be presenting a Letter of Intent from Salad Cosmo as part of Agenda
Item No. 9a for Council consideration.
A motion was made by Vice Mayor Tatum, seconded by Council member Clancy, "to approve the
agenda
as amended." Motion unanimously approved.
ITEM 4 - APPROVAL OF MINUTES
A motion was made by Council member Kimme, seconded by Council member Clancy, "to approve the minutes of the regular meeting of August 22, 1995 as written." Motion unanimously approved.
ITEM 5 - PRESENTATION - PROCLAMATION DECLARING SEPTEMBER 18-24 AS “ POLLUTION PREVENTION WEEK”
Mayor Fleming declared September 18-24 as “ Pollution Prevention Week” and presented a signed proclamation.
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 Vice Mayor Tatum, seconded by Council member Kahn, "to adopt the ordinance,
resolutions and other items listed on the Consent Calendar." Motion approved by the
following vote:
AYES: Council members Clancy, Kahn, Kimme, Vice Mayor Tatum, and Mayor Fleming
NOES: None
ABSENT: None
a) ORDINANCE NO. 1545 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VACAVILLE TO ESTABLISH CABLE TELEVISION CUSTOMER PROTECTION
STANDARDS
b) RESOLUTION NO. 1995-106 - RESOLUTION OF THE CITY COUNCIL OF
FAIRFIELD AND VACAVILLE AND THE SOLANO COUNTY BOARD OF
SUPERVISORS AMENDING SECTION IV(B)(4) FOR THE FORMATION OF THE
VACAVILLE-FAIRFIELD-SOLANO GREENBELT AUTHORITY
c) RESOLUTION NO. 1995-107 - RESOLUTION AUTHORIZING A HOUSEHOLD
HAZARDOUS WASTE DISCRETIONARY GRANT
d) RESOLUTION NO. 1995-108 - RESOLUTION AUTHORIZING A CONTINUING
AGREEMENT WITH THE CITY OF FAIRFIELD AND THE COUNTY OF SOLANO
FOR INTER-CITY BUS SERVICE
e) RESOLUTION NO. 1995-109 - RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS
- STONEGATE ESTATES UNIT NO. 4 SUBDIVISION
f) AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AN
AGREEMENT WITH VACAVILLE SANITARY SERVICE AND NORCAL WASTE
SYSTEMS, INC. FOR A HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENT
g) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO HIRE J. KAPLAN &
ASSOCIATES TO ACCOMPLISH THE 1996 UPDATE TO THE CITY’ S SHORT
RANGE TRANSIT PLAN (SRTP) FOR THE PERIOD FISCAL YEAR 1996/97
THROUGH 2005/06
h) RESOLUTION NO. 1995-110 - RESOLUTION AUTHORIZING THE SUBMITTAL OF
AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT
PARTNERSHIPS PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF
SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY
RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME
INVESTMENT PARTNERSHIPS PROGRAM
ITEM 7 - BUSINESS FROM THE FLOOR - Presentation by Dottye O’ Hara, Helen Allen, and Bobbi Kilmer concerning September 24 “ Vacaville Celebrates the Arts” program to be held in Andrews Park, and sponsored by the Vacaville Arts Council and the Vacaville Alamo Lions Club. Ms. O’ Hara stated that the celebration is free and open to the public and will be dedicated to Captain Philip Chevallard, Commander of the Air Mobility Command Bank of the Gold West. She also asked that City Council to consider dedicating the new stage at Andrews Park to Cpt. Chevallard. Mayor Fleming also pointed out other events happening in Vacaville that same weekend.
ITEM 8a- A RESOLUTION APPROVING THE MITIGATED NEGATIVE DECLARATION AND AMENDMENTS TO THE ALLISON BUSINESS AREA POLICY PLAN (FILE NO. 95-096)
Project Manager Dave Hubbell reviewed the staff report for the record.
Council member Kahn questioned the description of RMD, RHD, and RLMD zoning. He emphasized, as he has in the past, that this is a good location for higher density projects because of its close proximity to shopping, freeways, etc. Council member Kahn said he would look at requests for either raising or lowering the densities unfavorably.
Mayor Fleming commented on the continuity of the policy plan and stated that it was very well done.
Public hearing was opened by Mayor Fleming.
Gary Laski, representing the Richards property owner, noted that when the changes were first released,
he
had several questions and concerns. Since that time, he met with staff and as a result, thanked
staff for
their efforts and supported the proposed plan.
There being no further comment, the public hearing was closed by Mayor Fleming.
Council member Kahn commended the Planning Department and Mr. Hubbell for a very complete
document which appears to cover all the bases. A motion was made by Council member Kahn,
seconded
by Council member Kimme, “ to adopt the subject resolution.” Resolution No.
1995-111, “ Resolution
Approving the Mitigated Negative Declaration and Amendments to the Allison Business Area Policy
Plan,” was approved by the following vote:
AYES: Council members Clancy, Kahn, Kimme, Vice Mayor Tatum, and Mayor Fleming
NOES: None
ABSENT: None
ITEM 9a - PROPOSED CHANGES TO VACAVILLE/DIXON GREENBELT JOINT POWERS AUTHORITY
The City Manager reviewed the staff report for the record. He asked that the City Council consider adding three additional entities to the Conservation Easement, i.e. Solano County Board of Supervisors, the Solano Irrigation District, and the Executive Director of the Solano County Farmlands and Open Space Foundation. He felt that by requiring these additional entities to approve any changes to the easement, would add more permanence to the easement. The City Manager asked that the City Council consider approving the Letter of Intent (LOI) with Salad Cosmo to purchase 229 acres of the greenbelt land. He stated that the company is aware of the conservation easement and added that the easement is what attracted them to the land purchase. The City Manager stated that the purchase price will be $2,650 per acre and that Salad Cosmo has made a deposit. He explained that if the Council approves the LOI, it will be replaced with a purchase agreement on or before September 29.
Council member Clancy asked Director Werner to explain “ agricultural uses” . She also
noted that she
would be concerned about agriculture industrial parks, such as tomato processing, etc. She also
pointed
out that there would be buildings on the land and that it would not all be open space. Council
member
Clancy asked if the development rights could be transferred, sold, or traded to any other property.
Director Werner advised that agricultural uses could be defined as the same type of uses under County
zoning, such as raising of crops, row crops, orchards, grazing of animals, agricultural processing
operations, bee-keeping, etc. Concerning the development rights, Director Werner advised that
the
development rights could not be used anyplace else and that there is no plan to allow for transfer to
other
properties. The City Attorney confirmed that there are some areas in California where the transfer
of
development rights is legal, but that ability will not be included in the documents being prepared for
this
transaction.
The City Manager explained that if the Salad Cosmo purchase is successful, the company will grow
different types of specialty salad seeds and, according to the company, the seeds have a blossom period
which produces a vast display of white flowers which would be very attractive. He noted that the
conservation easement will allow a 5,000 sq. ft. building to be constructed on the land without pre-approval
from the two Councils. The City Manager further stated that anything larger than 5,000 sq. ft.
would require the approval of both Councils. He stated that, compared to the size of the property
(229
acres), and the proposed location of the building, visibility from the freeway would probably be negligible.
The City Manager also noted that the funds being used for the initial deposit on the property come from
the Greenbelt Development Impact Fees and that no monies are coming from the General Fund.
Mayor Fleming asked for any public comment.
Dwayne Cromm, a member of the Orderly Growth Committee; Carol Washburn, Solano resident,
involved in the signature gathering for Proposition A, and Tom Turpin offered their strong support for
the
purchase and felt it was a very appropriate way to preserve a greenbelt buffer. They commended
the City
Manager and City Council for their forward thinking concerning this strategy.
Jim Farha, Commercial Real Estate Broker; stated that he was not arguing value of the land, but that
he
had grave concerns about the potential risk of taxpayers’ money. He felt it would be
appropriate to set up
a “ double escrow” so that there was no out-of-pocket expense for the two cities. He
reiterated that the
City should not close escrow prior to having all of the cash in an escrow account to pay for the expenses
of
the land, including commissions, escrow fees, appraisals, etc. Mr. Farha asked several questions
concerning the purchase and development rights of the property, to which the City Manager responded.
Mike Gonzales, 724 West Monte Vista, protested the philosophy and purchase of the property between
Vacaville and Dixon. He expressed concerns about speculations and did not feel it was necessary
to
purchase land for this purpose.
John Zophi felt it would be appropriate to audit the City’ s financial record to assure that the
purchase is
affordable and stated that if it is affordable, then it should be purchased.
There were no additional public comments.
Council member Kimme offered his support for the venture, noting that agriculture is the force that
drives
Solano County. He felt that whatever the cities can do to preserve agriculture is extremely important.
Council member Kahn stated that the City has paid considerably more for considerably less and pointed
out that he has been extremely critical in the past concerning purchases made by the City. He
stated that a
buffer zone is very important. Council member Kahn felt there would be a lot of benefits, such
as creating
more jobs, and that the potential for benefits far exceeds the risk.
Council member Clancy stated she would not support the purchase and that the land should be purchased
with private funds, not public funds. She advised that she was not aware that there was money
in an open
space/greenbelt fund for this type of purchase.
Mayor Fleming expressed his support for the concept, noting that a buffer area between the two cities
is
very important to preserve the quality of life in the future. He called it a “ heaven sent” opportunity to be
able to purchase land this inexpensively when land prices are at the bottom of a cycle. Mayor
Fleming
discussed the merits of Proposition A and the fact that it prevents development in the County. However,
he warned that Proposition A does not protect the land from annexation into the cities which could then
be developed.
As clarification, Council member Kimme reiterated that the money being used for this project is developer
money and that during budget study sessions held earlier this year, there was discussion concerning
how
much money was in all the different funds, one of them being for greenbelt land acquisition.
A motion was made by Council member Kimme, seconded by Council member Kahn and Vice Mayor
Tatum, “ to approve the changes to the Greenbelt JPA, include the Solano County Board of Supervisors,
Solano Irrigation District, and the Solano Open Space and Farmlands Foundation as signatories on the
Conservation Easement, and approve the Letter of Intent received from Salad Cosmo.” Motion
approved (4-1 Clancy no).
A recess was taken from 8:25 - 8:35 p.m.
ITEM 9b - LAND OPTION FOR VACAVILLE COMMUNITY CLINIC
The City Manager explained that Ernestine Esparza, Director of the Vacaville Community Clinic was unable to attend, however Dr. Thor, Chairman-elect of the Board of Directors was in attendance. He advised that Ms. Esparza had approached the City requesting a donation of land for the construction of a new clinic, should they be successful in obtaining a grant from the Donald W. Reynolds Foundation. Office of Housing and Redevelopment Manager Charles Learned reviewed the Clinic’ s needs and an option agreement with the Clinic until January 1996, pending the outcome of their proposal to the Foundation. He explained that, if successful, the funds from the grant could only be used for new construction and equipment. Mr. Learned stated he has discussed the concept with members of the Housing and Redevelopment Commission, and five of the members support the project.
Vice Mayor Tatum did not feel enough information was available to make a decision at this time and
suggested that it would be more appropriate for the Housing and Redevelopment Commission to study the
concept at their next meeting.
Council member Clancy also felt more information needed to be obtained prior to making a decision on
the proposed location.
The City Manager explained that the City did not propose this land for the clinic, but was approached
by
Ms. Esparza. At that time, she was asked if she would be willing to look at some other land. Ms.
Esparza
was most interested in the property on Orchard Avenue because she felt the targeted population for the
clinic lived in the general area. The City Manager stated that while there may be other possibilities
within the City, there was a timeframe concern because the Clinic must have their completed application
in Oklahoma on September 29.
Council member Kahn asked what provisions were available to allow the City to recover the cost of the
land. Staff noted that the donation would be reimbursed from the City’ s share of federal
CDBG funds.
Mayor Fleming opened the discussion to the public.
Dr. Thor, Chairman-elect of the Board of Directors addressed the City Council and introduced the current
Chairman of the Board as well. He discussed the needs of the community and the current limits
of the
clinic.
Council member Tatum encouraged the City Council to adhere to past practices and refer the issue back
to
the Housing and Redevelopment Commission for review and recommendations. He stated that he realized
there was a critical timeframe involved, however with the use of express mail, the Council would be
able
to make a decision at their September 26 meeting, still allowing the Clinic time to submit their
application. A motion was made by Vice Mayor Tatum, seconded by Council member Kimme, “
to refer
the issue to the Housing and Redevelopment Commission for further study and subsequent
recommendations at the next City Council meeting.”
Council member Kimme advised that he is the Chair of the Healthy Vacaville Task Force and very aware
of the health care issues in Vacaville. He stated that there is a definite need for health care
of this type in
Vacaville, but he also supported the need to follow a process. Council member Kimme requested
more
information concerning the block grant funds, and how the vacancy would be filled in the Vacaville Social
Services Center if the clinic were to move. He also questioned what additional help the Clinic
would need
if this grant was received. He stated he would like to see a complete package, rather just a piece
at a time.
Motion unanimously approved.
ITEM 10 - REPORTS OF CITY MANAGER
The City Manager stated he had received a telephone call from a concerned citizen about the closing of Orchard Supply Hardware, and Beverly Fabrics, and the impact this would have on the City. He informed the City Council that he had attended a meeting concerning the “ Shop Vacaville Campaign” which is part of the Economic Development Strategy. The City Manager advised that a proposal will be presented to the City Council at the September 26 meeting. He also reminded the Council of Solano College/North Village’ s ground breaking event, September 13 at 5 p.m.
Economic Development Manager Mike Palombo talked about efforts he has made to contact various
businesses in Vacaville concerning their needs. He also talked about various shopping centers
which
appear to be losing business leases and the prospects for various centers in the future.
ITEM 11 - CITY COUNCIL MEMBER REPORTS
Council member Clancy offered praises to the Police Department for the newly instituted bike patrol. Council member Kimme echoed those comments. He also commented on the sales tax report which showed Vacaville’ s sales tax revenue had declined. Council member Kimme stated that he had received the Vacaville Forum report in his packet and felt it was educational for all concerned. He looked forward to a repeat. He then closed his comments by “ embarrassing” Council member Kahn and announced that he was in a political bike race and beat all the other participants in the region. He congratulated Council member Kahn.
Vice Mayor Tatum stated that as promised, he continues to promote “ Shop Vacaville” and
shop
downtown. He complemented Division Chief Ringleman of the Fire Department for his article in a trades
magazine and praised the Police Department as well. Vice Mayor Tatum then read a prepared statement
concerning HR22 and a recent meeting in Sacramento.
Council member Kahn welcomed the new Chrysler dealer and stated he was thrilled with the new police
bike patrol.
ITEM 12 - PAYMENT OF CLAIMS
It was moved and seconded, "to order the payroll register dated August 31, 1995 and check register dated September 6, 1995 paid." Motion unanimously approved.
ITEM 13 - CLOSED SESSION - None
ITEM 14 - ADJOURNMENT - There being no further business
before the City Council, the regular
meeting was adjourned by Mayor Fleming at 9:41 p.m.
Respectfully submitted,
Kathleen M. Andronico, City Clerk