Day 1999.02.23CC Jt Mtg CC/RA
JOINT MEETING OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE
MINUTES
February 23, 1999
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 23, 1999. Mayor Fleming called the meeting to order at 7:04 p.m. (Housing Authority meeting held prior)
1. ROLL CALL
Present: Council members/Agency members Augustine, Clancy, Slade, Vice Mayor/Chairman Wood, and Mayor/Chairman Fleming
Absent: None
Others Present: City Manager/Executive Director John Thompson, City Attorney/General Counsel Charles Lamoree, and City Clerk Kathy Andronico
2. Pastor Milton Steck, Trinity Baptist Church gave the Invocation,
and the Pledge of Allegiance was
led by Council member Clancy.
3. APPROVAL OF AGENDA – Mayor Fleming asked if there were any
additions or deletions
necessary for the agenda. Council member Clancy, seconded by Council member Augustine, made a
motion “ to approve the agenda as written.” Motion unanimously approved.
4. APPROVAL OF MINUTES - Vice Mayor Wood, seconded by Council member Slade, made a motion “ to approve the minutes of the regular meeting of February 9, 1999, as written.” Motion unanimously approved
5. PRESENTATIONS – CITY OF VACAVILLE UNITED WAY CAMPAIGN
Terry Rogers and Anne Putney, co-chair of the employee’ s United Way Campaign, and Russ Hayward, representing the United Way, reported on the successful 1999 campaign. The City of Vacaville employees, again, were number one in giving for all government agencies in Solano and Napa counties.
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. Council member Clancy, seconded by Vice Mayor Wood, made a motion “ to adopt the ordinance, resolutions and other Consent Calendar items." Motion unanimously approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
A. Ordinance No. 1612 - ORDINANCE AMENDING TITLE 17.48 OF THE VACAVILLE MUNICIPAL CODE REGARDING FREEWAY SIGNS FOR SHOPPING CENTERS (Second Reading)
B. Resolution No. 1999-19 - RESOLUTION TO AWARD THE CONSTRUCTION CONTRACT – SENIOR CENTER EXPANSION AND REHABILITATION PROJECT
C. Resolution No. 1999-20 - RESOLUTION AMENDING THE CITY OF VACAVILLE
CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE FISCAL YEAR 1998/99
Resolution No. RD-1999-1 – RESOLUTION AMENDING THE CITY OF VACAVILLE REDEVELOPMENT AGENCY BUDGET FOR THE FISCAL YEAR 1998/99
D. Resolution No. 1999-21 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE SUPPORTING THE HEALTHY CITIES AND COMMUNITIES “ YOUTH TAKIN’ ON TOBACCO” CONCEPT AND ACCEPTANCE OF FUNDING TO PARTICIPATE IN THE PROJECT
E. ALLOCATION OF $300,000 FROM THE LOW INCOME HOUSING FUND (LIHF) TO FUND LOANS FOR FIRST-TIME HOMEBUYERS
F. Resolution No. 1999-22 - RESOLUTION OF THE VACAVILLE CITY COUNCIL APPROVING: (A) AGREEMENT FOR COMPLETION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS IN THE NORTH VINE STREET ESTATES SUBDIVISION, (B) ASSIGNMENT OF RIGHT TO RECEIVE REIMBURSEMENTS FOR NORTH VINE ESTATES SUBDIVISION IMPROVEMENTS, (C) AGREEMENT IMPLEMENTING RESOLUTIONS FOR ABANDONMENT OF STREETS IN SAID SUBDIVISION AND CONVEYING LOTS THEREIN TO THE CITY FOR OPEN SPACE PURPOSES, AND (D) MODIFYING THE CONDITIONS FOR THE ABANDONMENT OF PUBLIC RIGHTS-OF-WAY IN SAID SUBDIVISION
7. BUSINESS FROM THE FLOOR
Vacaville resident Lou Derfuss commented on the recent incident in the County concerning dogs attacking other animals, and crime issues in Vacaville. He was informed that the animal attacks are outside Vacaville’ s jurisdiction.
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 asked that people speaking to the issue, hold their comments to a reasonable amount of time. A gentleman from the audience asked that the Council consider a motion to set a time certain for individual public comments. Mayor Fleming noted that the City has an ordinance that limits public comment to three minutes per speaker. The City Attorney advised that it is within the power of the chair to designate a length of time in excess of three minutes, however that limit must be enforced consistently. The City Attorney reviewed other proposed changes to be considered as a result of the first public hearing like: front and rear yard definitions; fire safety access through side yards, accumulation of material in front, side and rear yards, parking of vehicles, front yard landscaping, maintenance of vacant property, and a proposal by the Planning Commission to provide a staff process to approve appropriate variances to the standards when warranted by a particular circumstance such as narrow, pie-shaped lot on a cul-de-sac. The City Attorney stated he had added language concerning the 6-ft. stacking height in backyards to clarify that things like swing-sets, gazebos, sheds, etc. could be higher than a fence. He also made changes with regard to driveways, noting that driveways would not need to be all in one location which would accommodate various configurations of lots.
Housing and Redevelopment Manager Cyndi Johnston provided several pictures illustrating some of the
current issues Neighborhood Services is working with, explained the current code, and how the proposed
changes would assist in cleaning up various properties.
There was a brief discussion concerning circular driveways and cul-de-sacs with narrow front yards. City
Planner Larry Emerson explained the provisions in the proposed ordinance that would allow someone to
increase their existing driveway. He stated that the main limitation would be 50% coverage in
the front
yard and noted that this requirement already exists in the present code. He explained that the
proposed
changes would actually be less restrictive. The City Attorney added that staff is proposing that
the
Director of Community Development be able to make adjustments to the requirements based on
irregularities of a lot. He also noted that staff does not propose retroactive actions against
those who have
exceeded the 50% coverage rule.
Mayor Fleming stated that, at this time, he would entertain a motion to set aside the rule limiting
each
speaker to three minutes, and grant each speaker five minutes. Vice Mayor Wood, seconded by Council
member Slade, “ made a motion to grant each speaker five minutes for his/her presentation.” Motion
unanimously approved. Mayor Fleming asked that Vice Mayor Wood time each speaker, giving him/her
a 30-second warning before the time expired.
Mayor Fleming opened the public hearing.
Speakers who favored the proposed ordinance expressed their support of voluntary compliance, but
reiterated the need for strengthening the ordinance to aid in maintaining the quality of life in Vacaville,
protecting the property values and appearance of neighborhoods, and espousing the need for neighborly
consideration of other’ s rights. One speaker, while not objecting to the ordinance, asked
about protection
of farmland properties located within the City limits, which necessitate the storage of large agricultural-type
equipment. It was also suggested that the appeal process be reviewed so that it would not force
a
property owner to go to court for a final and conclusive decision should he/she disagree with the
complaint against his/her property.
Speakers who opposed the proposed ordinance felt it was too restrictive, and infringed on individual
property rights. Alternatives were suggested for collecting oils/fluids that drip from under vehicles.
There were concerns about grandfathering existing properties as it relates to 50% coverage of front
yards
with impervious surfaces, properties along Buck Avenue that currently have gravel driveways, and the
10-day storage period for dismantled vehicles in a driveway which was felt to be unreasonable. Some
stated
that restoring and/or repairing older model vehicles was a hobby and they would be precluded from this
activity by the proposed ordinance. One speaker strongly opposed any regulation with regard to
storage of
materials in a rear yard and objected to the required four-ft. of clearance on a side yard to allow
access by
fire personnel in the event of an emergency.
Recess taken from 8:17 – 8:25 p.m.
Mayor Fleming closed the public hearing.
The City Council discussed the proposed ordinance changes noting that it was not their intention to
restrict people’ s rights, but to identify the real problems in the community and find a way to
correct them.
It was noted that this type of ordinance is a delicate balance between individual rights and social
equity.
Most Council members agreed that the purpose of the ordinance is to maintain Vacaville’ s quality
of life
and noted that enforcement is primarily complaint driven. There was some concern expressed about
the
requirement for impervious surfaces, and properties along Buck Avenue that do not have concrete or
asphalt driveways. It was suggested that the appeal process be re-addressed because the ordinance
requires a property owner to contact the City within five days after mailing of a notice and that may
not be
long enough to respond. There was some concern about violations being “ infractions” as opposed to
misdemeanors. The City Attorney advised that at some time in the near future, he plans to review
the
entire section of the Municipal Code relating to nuisances to make sure it is consistent throughout. He
stated he will be proposing some changes to the infraction/misdemeanors issue, appeal process, and other
items but noted that staff will have the oversight of the Planning Commission with regard to nuisance
violations. He suggested that he return to the Council in about 60 days with the revisions. With
regard to
a property that does not have an impervious surface for parking, Council asked what would be a
reasonable amount of time to come into compliance. The City Attorney felt that 3-4 months
would be a
reasonable amount of time. The majority of the Council agreed that while the proposed ordinance
may
not be perfect, it was a good beginning point and could be reviewed from time-to-time for effectiveness.
Housing and Redevelopment Manager Cyndi Johnston explained that prior to enforcement of the new
ordinance, there would be a need for substantial public education through resources like public service
announcements on TCI Cable, newspaper articles, neighborhood meetings, etc.
Council member Augustine suggested that alternatives for “ Clean Up Day” be reviewed,
as well as
vehicles parking on the street on street-sweeping day. He noted that a lot of people keep “
junk” on their
property because they don’ t have a way to dispose of it easily.
Council member Augustine, seconded by Council member Clancy, made a motion “ to introduce
the
subject ordinances, and approve the Negative Declaration.”
There was some more discussion about impervious surfaces, front yard coverage, and “ stuff” in
backyards. Council member Slade called for the question.
On the main motion, motion unanimously approved. The titles of the ordinances were read
by the City
Clerk and introduced by Council member Augustine.
Recess taken from 9:45 – 9:56 p.m.
B. ORDINANCE AMENDING MUNICIPAL CODE BY CHANGE OF ZONING MAP AND RESOLUTION APPROVING THE WALNUT GROVE SENIOR APARTMENT PROJECT NEGATIVE DECLARATION, PLANNED DEVELOPMENT PERMIT AND POLICY PLAN AMENDMENT
Director of Community Development Ron Rowland reviewed the staff report for the record. He explained that the proposed project will consist of a 117-unit senior apartment complex at the southeast corner of Alamo and Marshal. Walnut Grove is proposed as a gated complex, and will contain a recreational building and 131 parking spaces for residents. Director Rowland advised that the Planning Commission conducted a hearing on February 2, 1999 and voted unanimously to recommend approval to the City Council.
Mayor Fleming opened and closed the public hearing with no comments noted.
Council member Clancy, seconded by Vice Mayor Wood, made a motion “ to adopt the resolution
approving the negative declaration, planned development, and policy plan amendment; and to introduce
the subject ordinance.” Motion unanimously approved. The title of the
ordinance was read by the City
Clerk and introduced by Council member Clancy. Resolution No. 1999-23, “ Resolution Approving
The
Walnut Grove Senior Apartment Project Negative Declaration, Planned Development Permit and
Policy Plan Amendment,” was approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
C. RESOLUTIONS OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF VACAVILLE TO APPROVE THE DEVELOPMENT AND DISPOSITION AGREEMENT (DDA) BETWEEN THE VACAVILLE REDEVELOPMENT AGENCY AND FRED HEARN, JR. FOR THE SALE OF A PORTION OF APN 130-242-140
Assistant City Manager David Van Kirk explained that this is a proposal to authorize the sale of a portion of APN 130-242-140 containing an office building to developer Fred Hearn Jr. for use as the headquarters of Hearn Construction Company. He advised that the property would be sold under the terms of a Disposition and Development Agreement. He noted that it is the smaller of the two existing office buildings on the Basic site near the corner of Mason and Davis Street. He then reviewed the terms and conditions of the DDA and explained why this project would be beneficial to the downtown area. ACM Van Kirk noted that the Housing and Redevelopment Commission unanimously recommended approval at its February 17, 1999 meeting.
Mayor Fleming opened and closed the public hearing with no comments noted.
Agency/Council member Augustine, seconded by Agency/Council member Slade made a motion “
to
adopt the subject resolutions.” Resolution No. RD-1999-2, “ Resolution of the
Redevelopment Agency
of the City of Vacaville to Approve the Development and Disposition Agreement (DDA) between the
Vacaville Redevelopment Agency and Fred Hearn, Jr. for the Sale of a Portion of APN 130-242-140,” was
approved by the following vote:
AYES: Agency members Augustine, Clancy, Slade, Vice Chairman Wood and Chairman Fleming
NOES: None
ABSENT: None
Resolution No. 1999-24, “ Resolution of the City Council of the City of Vacaville to Approve
the
Development and Disposition Agreement (DDA) between the Vacaville Redevelopment Agency and
Fred Hearn, Jr. for the Sale of a Portion of APN 130-242-140,” was approved by the following
vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
9. BUSINESS
A. RESOLUTIONS OF THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE AUTHORIZING PURCHASE AGREEMENTS FOR PROPERTIES LOCATED ON MAIN STREET, BERNARD STREET AND DOBBINS STREET
The City Manager explained that in furtherance of continuing efforts to revitalize the downtown, staff has completed negotiations with the property owners on either side of Bernard Street to purchase the respective properties for linking the Senior Center, Andrews Park, and the creekwalk with the Historical District. He noted that staff has worked on some conceptual drawings to develop the assemblage of land into a “ Town Square” or courtyard and perhaps creating a potential site for the relocation of the Harbison House. Director of Housing and Redevelopment Charles Learned reviewed the purchasing agreements in detail. He stated that the proposed purchase prices are favorable in relation to other Agency purchases in the downtown for raw land and the replacement value of structures and are consistent with values derived from the income approach to value. Director Learned explained that existing buildings would be demolished and noted that relocation benefits will be given to displaced businesses. It is envisioned that the property would then be disposed to a private developer via a request for proposal process. Director Learned noted that acquisition of the land would also present an opportunity to increase parking facilities in the area. Council members applauded staff for their creativity, but stressed the need to provide parking not only for new development that might be in the future, but also for existing businesses. It was pointed out that the Town Square is only a concept and more work will need to be done to assure it is marketable and ties in with the rest of the downtown.
Mayor Fleming asked for public comment.
Terry Jones, downtown business owner, did not support the concept of a Town Square, and questioned
whether it would benefit existing businesses. He stated that his business does not depend on foot
traffic in
the area, which is what a Town Square-type development would generate. Mr. Jones asked that staff
and
the Council talk to small businesses in the downtown who are not members of the Downtown Vacaville
Business Association.
Donna Harr, representing the Solano County Citizens Land Alliance, stated that while some businesses
do
not depend upon foot traffic, many do. She stated that parking facilities is vital and questioned
what other
opportunities exist in the downtown area to expand parking. She encouraged the Council to design
a plan
that meets the needs for a wide variety of people and that the downtown area be developed as a
destination.
Sandra Over, co-owner of Café Bacci, favored the Town Square concept and noted that her food-service
business does depend on foot traffic in the area. She suggested installing a “ town clock” in the
downtown area for the year 2000.
Agency member Augustine, seconded by Agency member Clancy, made a motion “ to adopt the
subject
resolutions.” Resolution No. RD-1999-3, “ Resolution of the Redevelopment Agency
of the City of
Vacaville Authorizing Purchase of APNS 130-102-080 and 130-102-090, Located at 501 Main Street
and 211 Bernard Street in Vacaville; and Resolution No. RD-1999-4, “ Resolution of the
Redevelopment Agency of the City of Vacaville Authorizing Purchase of APNS 130-101-010, 020,
030, 050, 040, 090, 120, and 130 Located at 200 Bernard, 201 and 221 Dobbins, 410 Kendal, and
425, 429, and 431 Main Street in Vacaville,” were approved by the following vote:
AYES: Agency members Augustine, Clancy, Slade, Vice Chairman Wood and Chairman Fleming
NOES: None
ABSENT: None
B. EXECUTIVE HOUSING COMMITTEE
The City Manager explained that the Council agreed to appoint an Executive Housing Committee to assist in defining “ executive housing,” as desired in this community. He noted that each Council member has submitted the names of their appointees. It is envisioned that the committee will only need to meet 3 or 4 times, and then present their recommendations to the City Council.
Council member Clancy, seconded by Council member Slade made a motion “ to accept the appointees
nominated for the Executive Housing Committee.” Vice Mayor Wood asked if a facilitator
would be
needed to help the group reach consensus. The City Manager explained that this committee’
s charge is
to define executive housing, and staff would work with the committee towards that goal. He stated
that a
facilitator may be hired for the next stage when Council begins to review locations for the housing.
Council member Clancy reiterated that this committee will only meet a few times and will not be making
recommendations concerning site selection.
Mayor Fleming asked for public comment and none was noted.
Motion unanimously approved.
10. REPORTS OF CITY MANAGER
The City Manager announced some upcoming events: Brickhouse One-Year Anniversary celebration, February 27; Peabo Bryson concert at the Performing Arts Theater February 26; Cultural Diversity Faire at the Ulatis Community Center April 10, and the Joint Meeting of the City Councils and School Boards for Vacaville/Travis/Suisun-Fairfield at the Ulatis Cultural Center April 19.
11. REPORTS OF CITY COUNCIL
Mayor Fleming asked that the meeting be adjourned in memory of Agnes Darnell.
Council member Slade offered her condolences to the Poole family. She also asked that the City
County
Coordinating Council’ s issue on homelessness be agendized for a future City Council meeting.
Council member Clancy talked about Sergeant Bob Lee and asked that everyone pray for strength to help
him and his family through his illness. She commended the City Manager and Cherelyn Ellington
for
their presentation on the City’ s 1998 accomplishments and goals for 1999. She stated that
the
presentation made people feel very good about living in Vacaville and suggested that the presentation
be
given every year. Council member Clancy thanked the VCEA for extending an installation/dinner
invitation to her and congratulated the newly elected officers. The City Manager advised that
Public
Information Officer Earl Parker is working on a shortened version of the presentation mentioned by
Council member Clancy and it will be broadcast on Channel 8.
Vice Mayor Wood encouraged those interested in attending the Peabo Bryson concert to purchase their
tickets soon as there are a few available.
Council member Augustine remembered Sergeant Bob Lee in his comments and also congratulated the
Vacaville High School wrestlers who just won another championship.
12. PAYMENT OF CLAIMS – Council member Clancy, seconded by
Council member Slade, made a
motion “ to order the payroll register dated February 12, 1999, and check register dated
February 19,
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 23, 1999, at
11:05 p.m., in memory of Agnes Darnell.
Respectfully submitted,
Kathleen M. Andronico, City Clerk