Day 1999.02.09CC Jt. Mtg CC/RA
CITY COUNCIL MINUTES
A joint meeting of the Redevelopment Agency and the City Council of the City of Vacaville was held at the City Council Chambers, 650 Merchant Street, February 9, 1999. Mayor Fleming called the meeting to order at 7:00 p.m.
1. ROLL CALL
Present: Council members/Agency members Augustine, Clancy, Slade, Vice Mayor/Chairman Wood, and Mayor/Chairman Fleming
Absent: City Manager John Thompson
Others Present: Assistant City Manager/Assistant Executive Director David Van Kirk, City Attorney/General Counsel Charles Lamoree, and City Clerk Kathy Andronico
2. INVOCATION given by Pastor Bruce Gallagher, Crossroads Christian Church,
and the Pledge of
Allegiance was led by Vice Mayor Wood.
3. APPROVAL OF AGENDA – Mayor Fleming asked if there were any
additions or deletions
necessary for the agenda. Mayor Fleming asked that the order of presentations be changed to allow
“
Valentines for Veterans” as the first item. Vice Mayor Wood, seconded by Council member
Slade, made
a motion “ to approve the agenda as amended.” Motion unanimously approved.
4. APPROVAL OF MINUTES - Council member Clancy, seconded by Council
member Slade, made
a motion “ to approve the minutes of the regular meeting of January 26, 1999, as written.” Motion
unanimously approved
5. PRESENTATIONS
A. VALENTINES FOR VETERANS
Kelli Eberle, Coordinator of the Valentines for Veterans project, thanked the City Council for their continued support of the various Veterans events and read a valentine sentiment submitted by a local sixth grade student. Mayor Fleming presented Ms. Eberle with a proclamation and thanked her for all her support for local Veterans over the past several years.
B. HUD AWARD – FAMILY RESOURCE CENTER
Director of Housing and Redevelopment Charles Learned stated that the Department was recognized with a Best Practices Award, presented by the Department of Housing Urban Development, specifically for the Family Resource Center. He acknowledged the presence of HUD representatives Michael Dawe and Lynn Martinez. Housing and Redevelopment Manager Cyndi Johnston talked about the drop-in services available at the Resource Center. Mr. Dawe addressed the City Council and presented the award to Mayor Fleming. Mayor Fleming accepted the award and congratulated staff.
C. CITIZENSHIP AWARD – NEIGHBORHOOD CENTER YOUTH
Manager Cyndi Johnston talked about the activities at the three Neighborhood Centers. She introduced Housing/Redevelopment Specialist Reggie Hubbard who recognized several children for their outstanding citizenship and school grade improvements.
6. CONSENT CALENDAR
Mayor Fleming asked if anyone on the Council or in the audience wanted to remove an item from the Consent Calendar for separate discussion. Vice Mayor Wood asked that Item 6b be removed for separate discussion. Council member Clancy, seconded by Council member Augustine, made a motion “ to adopt the resolutions and other Consent Calendar items, except Item 6b, which was removed for separate discussion." Motion unanimously approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
A. Resolution No. 1999-14 - RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT TO CONTRACTOR – THREE OAKS COMMUNITY CENTER REROOFING AND HVAC REPLACEMENT
B. AUTHORIZATION TO DEVIATE FROM ADOPTED CITY OF VACAVILLE STANDARD SPECIFICATIONS REGARDING DESIGN STANDARDS FOR A RESIDENTIAL STREET – Removed for separate discussion.
C. ACCEPTANCE OF CITY’ S COMPREHENSIVE ANNUAL FINANCIAL REPORT
Mayor Fleming commended the Finance Division for their good work and encouraged interested citizens to review the audit.
D. Resolution No. 1999-15 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE APPLICATIONS FOR STATE TRANSPORTATION IMPROVEMENTS PROGRAM FUNDING FOR VARIOUS ROAD REHABILITATION PROJECTS WITHIN THE CITY OF VACAVILLE
E. Resolution No. 1999-16 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE APPLICATIONS FOR SURFACE TRANSPORTATION PROGRAM FUNDING FOR VARIOUS ROAD REHABILITATION PROJECTS WITHIN THE CITY OF VACAVILLE
F. Resolution No. 1999-17 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE APPLICATIONS FOR CONGESTION MITIGATION AND AIR QUALITY PROGRAM FUNDING FOR VARIOUS AIR QUALITY RELATED PROJECTS WITHIN THE CITY OF VACAVILLE
Item 6b - AUTHORIZATION TO DEVIATE FROM ADOPTED CITY OF VACAVILLE STANDARD SPECIFICATIONS REGARDING DESIGN STANDARDS FOR A RESIDENTIAL STREET
Vice Mayor Wood asked if this request applied to all residential projects, or if it was site specific. Director Pfeiffer explained that this approval would only apply to the Gable Street project. Vice Mayor Wood, seconded by Council member Clancy, made a motion “ to authorize the Director of Public Works to deviate from adopted City of Vacaville Standard Specifications regarding design standards for a residential street, and to review and approve the design of a raised median on Gable Street.” Motion unanimously approved.
7. BUSINESS FROM THE FLOOR
Vacaville resident Lou Derfuss inquired about completion of the Nut Tree/Elmira Road street improvements; specifically the medians. He also asked for an update on Smog Check II. Director Pfeiffer stated that the pavement and median improvements are completed, however final landscape improvements will be finished after the weather conditions improve. Mayor Fleming gave a brief update of the Smog Check II appeal which was recently denied by Judge Mack Harris. He stated that the City will again appeal the decision and explained that the appeal will probably not advance to the Appellate Court until after the Senate changes some of the Smog Check II regulations.
8. PUBLIC HEARINGS
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE AMENDING CHAPTERS 8.10 AND 10.48 OF THE VACAVILLE MUNICIPAL CODE RELATING TO PUBLIC NUISANCES AND ABANDONED VEHICLES, and
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE AMENDING CHAPTERS 14.074 AND 14.128 OF THE VACAVILLE MUNICIPAL CODE RELATING TO PUBLIC NUISANCES AND ABANDONED VEHICLES
Mayor Fleming recommended that the Council listen to public testimony at this meeting and continue any action to the next meeting. The majority of the City Council supported Mayor Fleming’ s recommendation.
The City Attorney reviewed the staff report and the ordinances. He noted that the Council’
s Strategic
Plan proposes strengthening the present nuisance ordinance and other codes relating to vacant buildings,
inoperable vehicles, number of vehicles in front yards, accumulation of “ stuff” in
front and rear yards
and generally trying to enhance the appearance and viability of neighborhoods. The City Attorney
reviewed the various meetings held to gain citizen input regarding the proposed changes. He noted
that
there were a series of three public hearings held at the Planning Commission level prior to this meeting.
He then reviewed the proposed changes, noting that voluntary compliance is still the main philosophy
of
the Code Compliance officers. The City Attorney advised that the ordinance would not diminish
a
person’ s private property rights because City staff would not be able to access a backyard without
voluntary compliance unless a court order was obtained. He noted that there had been comments
by
citizens that motor homes would not be allowed to park on City streets. However, vehicles are
allowed
(up to 40 ft.). The City Council is preempted from changing these rules because of the Vehicle
Code. He
reviewed the recommendations that would limit the amount of driveway space allowed on a residential
lot
to 24-ft. or 36-ft. depending upon the configuration of the lot. He noted that the purpose of
this
recommendation is to prevent full paving of front yard areas. The City Attorney advised that the
Planning
Commission asked that a process be developed to allow staff to provide a waiver or some deviation from
specific standards when dealing with irregular lot or front yard sizes. The types of approved
surfaces for
parking vehicles, boats, trailers, etc. on private property was discussed. The City Attorney advised
that an
issue has arisen, which he has not reached a recommendation on, concerning a situation where the
configuration of a lot may warrant having a driveway on both sides of a home. The final area of
discussion involved the accumulation of “ stuff” in front yards, as well as rear and
side yards. He stated
that storage of items like landscaping materials, home remodeling materials, etc. would be allowed for
a
limited period of time. However, storage of wrecked or dismantled vehicles in the front yard area
would
not be permitted. With regard to the rear and side yard, the recommendation would be that items
would
not be stacked higher than a fence line, nor cover more than 25% of the back/rear yard. The reasoning,
he
explained, is to allow people utilization of their back yard, while not creating a public health and
fire
hazard.
Mayor Fleming opened the public hearing.
The majority of speakers during public testimony opposed the proposed ordinance. Objections included:
too restrictive, infringes on constitutional property rights, concern about swing sets, motor homes,
and
things taller than 6 ft. that might be parked in a rear or back yard and would exceed the fence height
recommendation. Some speakers acknowledged that the environmental hazards and health problems
need
to be addressed, however noted that fluids dripping into the drainage system do not go into the ground
water. There was also objection to the “ infraction” law which one speaker felt
was a “ super power” and
not appropriate for this issue.
Recess taken from 9:00 – 9:13 p.m.
Those who spoke in favor of the ordinance described residences near their homes with dismantled and/or
inoperable vehicles, and backyards cluttered with enormous amounts of junk. They expressed concern
for
enjoyment of their own property and the affect that the accumulation of “ junk” has
on property values.
The City Attorney stated that, with regard to not stacking items above the fence line, he had not
contemplated swing-sets, motor homes, sheds, etc. and would provide clarification in the ordinance
concerning this issue.
Council member Clancy, seconded by Council member Slade made a motion “ to continue the
public
hearing until February 23, 1999.” Motion unanimously approved.
B. ORDINANCE AMENDING TITLE 17.48 OF THE VACAVILLE MUNICIPAL CODE REGARDING FREEWAY SIGNS FOR SHOPPING CENTERS
Assistant Director of Community Development Ron Rowland noted that the purpose of this ordinance amendment is to assist with revitalizing older shopping centers. Shopping centers located 300-ft. from freeway property would be allowed to construct freeway signs to help attract customers to the centers.
Council member Clancy asked if this ordinance could benefit the Canned Foods Store on Merchant Street,
however ADCD Rowland noted that it is specifically for shopping center developments like Alamo Plaza,
the former K-Mart shopping center, etc.
Mayor Fleming opened the public hearing. Mr. Stille, representing Nugget Markets, encouraged the
City
Council to approve the proposed ordinance. There being no further public comments, the hearing
was
closed by Mayor Fleming.
Council member Augustine, seconded by Council member Slade, made a motion “ to introduce
the subject
ordinance.” Motion unanimously approved. The title of the ordinance, “
Ordinance Amending Title
17.48 of the Vacaville Municipal Code Regarding Freeway Signs for Shopping Centers,” was
read by
the City Clerk and introduced by Council member Augustine.
9. BUSINESS
A. PUBLIC INPUT ON REVISING THE STRATEGIC PLAN and SELECTION OF AN EXECUTIVE HOUSING COMMITTEE
Mayor Fleming asked for public input concerning the Council’ s future update of the Strategic Plan.
Kevin English commented on the Strategic Plan and stated that education and executive housing needs
should be a high priority for the revised plan. He suggested that the Executive Housing Committee
be
given specific direction about completing their task and that it be done in a timely manner. Lou
Derfuss
felt that flooding in Vacaville should be a high priority. He also supported continued efforts
to abate
activities related to crime, and specifically gang activities. Mr. Derfuss supported “ less
government”
involvement and asked that the Council continue the fight against Smog Check 2 and MTBE abatement.
Roberto Valdez asked the City Council to consider the many impacts that increased development has on
Vacaville. Joyce Moody asked the Council to focus on the General Plan update and consideration
of
annexation and future development of properties east of Leisure Town Road. Doug Rogers supported
a
balance of growth in Vacaville. James Williams encouraged the Council to seek public input concerning
the executive housing search and that all landowners, large and small, be included in the discussions. He
suggested that Leisure Town Road be reviewed as a “ gateway” into the City.
Mayor Fleming briefly discussed the make-up of the Executive Housing Committee.
Council member Clancy, seconded by Vice Mayor Wood, made a motion “ to increase the number of
Council-appointed representatives from three, to four or five per Council member.” There
was some
discussion concerning the motion and the desire to open up the process and allow a large diverse group
of
people with varying perspectives to make recommendations concerning what people are looking for and
what the market is. There was also concern expressed that the committee not become too large to
hamper
a timely consensus.
Council member Slade, seconded by Mayor Fleming made a substitute motion “ to allow each Council
member to appoint four people.
Following further discussion, Council member Slade withdrew her substitute motion, but asked that the
committee be given some direction and guidelines to accomplish its task.
On the original motion, motion unanimously approved.
Mayor Fleming asked that Council call the City Clerk no later than Friday to submit their
recommendations for the Committee.
B. RESOLUTION OF INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 6 (THE SARATOGA) AND AUTHORIZATION OF $800,000 LOAN FROM THE REDEVELOPMENT LOW-INCOME HOUSING FUND
Director of Housing and Redevelopment Charles Learned reviewed the staff report for the record. He stated that the developer (St. Anton’ s) has asked the City and Redevelopment Agency to participate in the project by setting up a Community Facilities District (CFD) to secure the payment of deferred development impact fees and the ongoing costs for City services. He explained that the developer is requesting a temporary loan (two years) of $932,135 to cover the planning user fees and development impact fees. The loan would be secured by the CFD and the City/Redevelopment Agency would be primary over all other financing. The project would also contribute $9,000 annually for police, fire, and paramedic services, with a 2% per year escalator as long as the complex is tax exempt. Director Learned noted that the Agency would provide an $800,000 loan from the Low-Income Housing Fund to “ purchase” an affordability agreement to create far below market rents on 20 of the 108 units. He noted that the Housing and Redevelopment Commission unanimously approved the recommendation that the Agency enter into the loan with Saratoga Senior Apartments at its meeting on December 9, 1998. Director Learned noted that the public hearing to form the CFD will be March 23, 1999.
Mayor Fleming opened the public hearing.
A representative from St. Anton Partners commended staff for their hard work and creativity and
encouraged the City Council to adopt the resolution.
Council member Clancy, seconded by Vice Mayor Wood, made a motion “ to adopt the subject resolution
and set the public hearing for March 23, 1999.” Resolution No. 1999-18, “ Resolution
of Intention to
Establish Community Facilities District No. 6 (The Saratoga)” was approved by the following
vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
Agency member Clancy, seconded by Vice Chairman Wood, made a motion “ that the Redevelopment
Agency authorize the Housing and Redevelopment Director to execute the loan documents with Saratoga
Senior Apartments, a California Limited Partnership under the terms outlined by staff.” Motion
unanimously approved.
10. REPORTS OF CITY MANAGER
A. JOINT MEETING SELECT COMMITTEE ON CITY AND SCHOOL RELATIONS – APRIL 19 – ULATIS COMMUNITY CENTER – Assistant City Manager David Van Kirk announced the joint meeting, which is scheduled for April 19 at the Ulatis Community Center.
11. REPORTS OF CITY COUNCIL
The City Council provided information concerning various upcoming events in Vacaville.
Vice Mayor Wood stated he would like the Council to have the opportunity to interview candidates for the Planning and Community Services Commission appointments whether they are new appointees or incumbents. The majority of the Council agreed with the suggestion.
12. PAYMENT OF CLAIMS – Council member Clancy, seconded by Council member Slade, made a motion “ to order the payroll register dated January 29, 1999, and check register dated February 5, 1999, paid.” Motion unanimously approved.
CLOSED SESSION – None
14. ADJOURNMENT - There being no further business before the City
Council and/or the
Redevelopment Agency, Mayor/Chairman Fleming adjourned the joint meeting of February 9, 1999, at
10:55 p.m.
Respectfully submitted,
Kathleen M. Andronico, City Clerk