Day 1999.03.09CC Jt Mtg CC/RA
JOINT MEETING OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE
MINUTES
March 9, 1999
7:00 p.m.
Vice Mayor Wood advised that Mayor Fleming was attending a meeting in Washington D.C. and
due to weather conditions was delayed in Chicago and unable to attend this Council meeting.
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, March 9, 1999. Vice Mayor Wood called the meeting to order at 7:00 p.m.
1. ROLL CALL
Present: Council members/Agency members Augustine, Clancy, Slade, and Vice Mayor/Vice Chairman Wood
Absent: Mayor Fleming
Others Present: City Manager/Executive Director John Thompson, City Attorney/General Counsel Charles Lamoree, and City Clerk Kathy Andronico
2. Invocation was dispensed with and Council member Slade led the Pledge of Allegiance.
3. APPROVAL OF AGENDA – Vice Mayor Wood asked if there were any additions or deletions necessary for the agenda. Council member Clancy, seconded by Council member Slade, made a motion “ to approve the agenda as written.” Motion approved (4-0).
4. APPROVAL OF MINUTES - Council member Slade, seconded by Council member Clancy, made a motion “ to approve the minutes of the regular meeting of February 23, 1999, as written.” Motion approved (4-0).
5. PRESENTATIONS - None
6. ONSENT CALENDAR
Vice Mayor Wood 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 Council member Slade, 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, and Vice Mayor Wood
NOES: None
ABSENT: Mayor Fleming
A. Ordinance No. 1613 - ORDINANCE AMENDING MUNICIPAL CODE BY CHANGE OF ZONING MAP – (WALNUT GROVE) (Second Reading)
B. Resolution No. 1999-25 - RESOLUTION AUTHORIZING THE EXECUTION OF SOLANO PROJECT PARTICIPATING AGENCY CONTRACT
C. Resolution No. 1999-26 - RESOLUTION AUTHORIZING THE EXECUTION OF SOLANO PROJECT DROUGHT MEASURES AGREEMENT
D. Resolution No. 1999-27 - RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND AUTHORIZING FINAL PAYMENT TO CONTRACTOR – MARIPOSA NEIGHBORHOOD CENTER PHASE II – PARKING LOT AND LANDSCAPE IMPROVEMENTS
E. ANNUAL REQUIREMENT TO RENDER AN INVESTMENT POLICY
7. BUSINESS FROM THE FLOOR(Maximum five minutes per speaker)
Dale Borden offered his support for the “ Town Square” development and possible relocation of the Harbison House downtown Vacaville. He asked the City Council to consider the possibility of building and renting homes/apartments for the elderly who cannot afford or cannot take care of single-family residences. The City Manager explained that staff is currently looking at subsidizing a couple senior housing projects that have been approved by the City Council/Redevelopment Agency with Redevelopment housing set-aside money which would greatly reduce rent for qualifying seniors.
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Elliott Williams, representing “ Ride with Pride” , explained the program which provides rides to seniors who are unable to drive or cannot afford taxi fares to doctor appointments, grocery stores, etc. He stated that the program is in need of donations and volunteers to assure the program will continue.
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Lou Derfuss talked about the MTBE problem and asked the City Council to monitor this issue, as well as to continue efforts to eliminate Smog Check II.
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Robert Barnes noted he had attended MTBE hearings spearheaded by the Environmental Protection Agency (EPA). He stated that the EPA is accepting written comments until March 16 and he encouraged a letter writing campaign to espouse the dangers of MTBE and the harmful effects it has on water supplies.
8. PUBLIC HEARINGS
A. Ordinance No. 1614 - 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 (Second Reading), and
Ordinance No. 1615 - 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 (Second Reading)
The City Attorney reviewed the staff report for the record. He explained that four changes were made to the proposed ordinance since the last public hearing: an exception from the impervious surface requirement for existing driveways in historical areas of Vacaville on or near Buck Avenue; an exception for farm equipment used for agricultural production on lands owned or leased by the property owner; changing the five-day notice and mailing requirement for vehicle abatement to 10 days; and new provisions that limit the amount of coverage of front yards would be applied prospectively rather than retroactively. However, he noted that since making the changes regarding existing driveways in historical areas, he would like to offer wording that would not restrict this exemption to just homes on or near Buck Avenue because he believes there are other homes in Vacaville that may have similar circumstances.
Vice Mayor Wood asked the City Attorney to review the internal appeal process. The City Attorney
advised that, first, Code Compliance will always seek voluntary compliance. Failing that, if a
property
owner does not agree with the findings of a code compliance official, the property owner may appeal
his/her case to the Housing and Redevelopment Department for an internal review. However, if still
not
satisfied, the citizen may appeal to the Planning Commission. The City Attorney stated that after
the
above mentioned processes, and the citizens is still unsatisfied, a civil court proceeding would be
available. The City Attorney asked Housing and Redevelopment Manager Cyndi Johnston to comment.
Ms. Johnston verified the appeal process as described by the City Attorney.
The City Manager stated that, in a telephone conversation with Mayor Fleming this evening, the Mayor
asked him to raise his concern about requiring vehicles to be parked on impervious surfaces. He
is
opposed to requiring impervious surfaces because in some instances, the parking area may only be needed
for a short time and by paving it may diminish the possibility of landscaping by future owners.
Vice Mayor Wood opened the public hearing.
Several residents addressed the City Council concerning the ordinance. They asked for clarification
regarding the requirement to pave already-existing gravel driveways and noted the hardship this may
cause for some residents in the non-historic areas of Vacaville. It was noted that allowing an
exemption
regarding paved driveways for properties in the historic areas of Vacaville, and not others, was unfair. A
resident also inquired about the appeal process and citing people with infractions rather than
misdemeanors. Those who opposed the ordinance felt it was poorly written and overbearing, that
rear
yards should be excluded from the ordinance, that it imposed citywide CC&Rs, and that the requirement
for impervious surfaces was an aesthetics issue, not environmental as previously stated. A few
residents
spoke in favor of the ordinance, and one suggested that some legitimate concerns were raised during
the
hearings, however no one had offered other resolutions or alternatives.
The City Attorney pointed out that with respect to pervious vs. impervious surfaces, the Council may
want
to allow gravel; however that is different than the issue of how much space within a front yard can
be used
to park vehicles. He noted that they are separate issues and should not be confused. He
stated that a
special provision had been incorporated that authorizes the Community Development Department to make
allowances for the character of a neighborhood or the needs of a particular property owner. The
City
Manager added that in earlier discussions, there were complaints of grasses and bushes growing up
around vehicles parked on landscaped areas, as well as mud tracking into the streets caused by vehicles
parking on unimproved surfaces. He suggested that the Council might decide on an all-weather surface
rather than concrete.
Vice Mayor Wood closed the public hearing.
The City Council discussed the concerns raised about impervious surfaces. They agreed that the
ordinance should remain as drafted, that it was a good beginning point, and if changes needed to be
made
in the future, the ordinance could be amended. It was again pointed out that code enforcement
is mostly
complaint driven and there are checks and balances built into the ordinance to assist property owners
who
disagree with the findings of code enforcement officers.
The City Attorney discussed the issue of impervious surfaces. He noted that no ordinance goes
into effect
until 30 days after the second reading. He stated that no enforcement concerning impervious surfaces
would be taken during the 30-day period and suggested that staff come back to the Council after that
time
to discuss any issues that may come to light and the Council’ s enforcement desires.
Council member Clancy, seconded by Council member Augustine made a motion “ to adopt the
subject
ordinances and prior to enforcement of the ordinance changes relative to parking vehicles on impervious
surfaces, staff is directed to return to the City Council for further discussion and direction on this
issue.”
Motion approved (4-0).
Recess 8:10 – 8:22 p.m.
B. RESOLUTION APPROVING OLD ROCKY ESTATES NEGATIVE
DECLARATION, VESTING TENTATIVE MAP AND PLANNED DEVELOPMENT
Director of Community Development Ron Rowland reviewed the staff report for the record noting that Castle Companies is proposing a 62-lot single-family residential subdivision at the northwest corner of Browns Valley Road and Wrentham Drive. He noted that adjustments to the development standards are proposed for several lots adjacent to the homes along Wrentham Drive. The adjustments would provide additional functional rear yards for these lots and privacy for the adjoining residents. Director Rowland advised that several residents requested a traffic signal at Wrentham and Browns Valley Parkway. Traffic Engineering has indicated that the intersection does not currently meet warrants and estimates that it will probably be five or more years before a signal is necessary. Vice Mayor Wood asked about the possibility of a left-turn lane and staff indicated that that was the approach being taken.
Vice Mayor Wood opened the public hearing.
Several residents addressed the City Council noting their support for the project, but concern about
the
increased traffic the project will add to an area already plagued by excessive speeding. There
was also
concern expressed about the overcrowded Browns Valley elementary school and the fact that people
moving into the area would probably not be able to send their children to the neighborhood schools.
Residents complained that they had not received notification of this public hearing and that traffic
studies
were not performed to determine the impact the project would have on existing neighborhoods. A
resident of Woodcrest Drive noted concerns about no crosswalks available on Woodcrest and asked that
the Council consider installation of a crosswalk.
Mark Martino, representing Castle Companies and the applicant, requested approval of the project and
offered to answer any questions. He pointed out that he had met with Vacaville Unified School
District
representatives concerning school capacity. Mr. Martino stated that their sales contracts would
include a
statement notifying potential homebuyers that their students may have to attend other schools within
the
district.
Jack Kelley, one of the owners of the property, stated that while the concerns expressed about speeding
issues are legitimate, they don’ t have anything to do with the approval of the project. He
encouraged the
Police Department to increase their presence and enforcement in the Browns Valley area.
Vice Mayor Wood closed the public hearing.
The City Council discussed the public hearing notification process and various traffic-calming ideas. It
was pointed out that efforts need to be taken to address speeding problems that exist citywide, not
just in
this one particular area, and that this is a separate issue from the development. Council requested
that
staff install a crosswalk on Woodcrest Drive and asked the resident who requested the crosswalk to leave
her name and address with the City Clerk.
The City Attorney explained that the passage of Proposition 1A in November 1998 took away the
authority of the Council to consider the overcrowding of schools when contemplating development
approvals. It was noted that Castle Companies would pay the school impact fees as required by
State law.
Council member Clancy, seconded by Council member Slade, made a motion “ to approve the Negative Declaration for the Old Rocky Estates Vesting Tentative Map and Planned Development, and to adopt the subject resolution.”
Council member Augustine asked staff to explain why a traffic study was not done for this project.
Director Rowland advised that the City has a traffic mitigation ordinance. The ordinance requires
that,
any project that would generate 100 peak-hour trips per day must have a traffic study performed. Since
this project is not expected to generate this type of traffic, no traffic study was required.
Vice Mayor Wood discussed the intersection of Wrentham and Browns Valley. He stated that Browns
Valley is an expressway all the way from Vaca Valley. He felt that in terms of a priority list,
this is an
issue that must be addressed.
Resolution No. 1999-28, “ Resolution Approving Old Rocky Estates Negative Declaration, Vesting Tentative Map and Planned Development,” was approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, and Vice Mayor Wood
NOES: None
ABSENT: Mayor Fleming
C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VACAVILLE
ADDING CHAPTER 2.74 TO THE VACAVILLE MUNICIPAL CODE RELATING TO THE
DISQUALIFICATION OF CONTRACTORS (First Reading)
The City Attorney reviewed the staff report for the record. He stated that this ordinance is modeled after an ordinance adopted by the City of Sacramento. However, unlike the Sacramento ordinance, which applies only to public works contracts, this proposed ordinance does not distinguish between contract types but, instead, applies to all City of Vacaville contracts. Another unique provision is that at any time in the future, a disqualified contractor can ask for a reexamination and be reconsidered. The City Attorney explained that it is recognized that a company’ s management and/or ownership may change problems may be corrected, therefore the contractor could be reconsidered.
Vice Mayor Wood opened and closed the public hearing with no comment noted.
Council member Slade, seconded by Council member Clancy, made a motion “ to introduce the
subject
ordinance.” Motion approved (4-0 Fleming absent). The title of the ordinance,
“ An Ordinance of the
City Council of the City of Vacaville Adding Chapter 2.74 to the Vacaville Municipal Code Relating
to the Disqualification of Contractors,” was read by the City Clerk and introduced by
Council member
Slade.
This is a proposed ordinance that sets forth a process and basis for disqualifying bidders for City goods and services.
Recommended Action: By title only, to introduce the subject ordinance.
9. BUSINESS
A. RESOLUTION OF THE CITY COUNCIL TO AWARD THE CONSTRUCTION CONTRACT FOR THE ULATIS CREEKWALK AND ANDREWS PARK IMPROVEMENTS PROJECT
RESOLUTION OF THE REDEVELOPMENT AGENCY
AMENDING THE CITY OF
VACAVILLE REDEVELOPMENT AGENCY BUDGET FOR THE CONSTRUCTION OF THE
ULATIS CREEKWALK AND ANDREWS PARK IMPROVEMENTS PROJECT
The City Manager explained that six bids were received on February 23, 1999 for the subject project. He stated that, while the bids were over the engineer’ s estimate, staff recommends approval of the project. The City Manager advised that staff is also research the installation of restroom facilities near the Great Wonders Park and will be asking for about $50,000 in the June Capital Improvement Budget update.
Vice Mayor Wood asked for public comment and none was noted.
Council member Augustine, seconded by Council member Slade, made a motion “ that the City
Council
waive the low bidder’ s bid irregularity; approve the project plans, special provisions, and working
details;
adopt a resolution award the construction contract for the construction of the Ulatis Creekwalk and
Andrews Park Improvements Project to Ghilotti Construction Company of Santa Rosa, California; and
authorize the Director of Public Works to execute said contract in the amount of $2,402,739.45.”
Resolution No. 1999-29, “ Resolution of the City Council to Award the Construction Contract
for the
Ulatis Creekwalk and Andrews Park Improvements Project,” was approved by the following
vote:
AYES: Council members Augustine, Clancy, Slade, and Vice Mayor Wood
NOES: None
ABSENT: Mayor Fleming
Agency member Augustine, seconded by Agency member Slade, made a motion “ that the Redevelopment
Agency adopt a resolution authorizing that the 1998/99 Redevelopment Agency Capital Improvement
Program Budget be increased by $250,000 for the Ulatis Creekwalk and Andrews Park Improvements
Project.” Resolution No. RD1999-5, “ Resolution of the Redevelopment Agency
Amending the City
of Vacaville Redevelopment Agency Budget for the Construction of the Ulatis Creekwalk and
Andrews Park Improvements Project,” was approved by the following vote:
AYES: Agency members Augustine, Clancy, Slade, and Vice Chairman Wood
NOES: None
ABSENT: Chairman Fleming
B. PUBLIC INPUT ON REVISING THE STRATEGIC PLAN
The City Manager advised that the City Council held a special meeting on February 2, 1999 to discuss the process for reviewing and updating the Strategic Plan. Public input was also received at the City Council meeting of February 9 and a special meeting is scheduled for March 16 at which time the Council will discuss the update and reach consensus on about five major priorities to be addressed in the next 1-2 years. He noted that each of the Council’ s advisory commissions was asked to provide suggestions. The Vacaville Chamber of Commerce was contacted and encouraged to provide input and there have been newspaper articles encouraging the general public to write in with their comments. The City Manager explained that the Strategic Plan was posted on the City’ s web page and an interactive e-mail was designed so that citizens could forward their comments to the Council. While the web site received approximately 120 “ hits” , only one citizen reply was received which the City Manager summarized for the Council.
Vice Mayor Wood asked for public comment.
Lou Derfuss suggested that the clean up and preservation of Lagoon Valley Lake be a high priority. He
felt it would be an ideal location to add some type of camping area, like tent camping. He also
suggested
using the location for a motorhome or recreational-type vehicle park. He did not favor developing
the
surrounding lands with corporate-type headquarters and wondered if it would be a suitable location for
a
glider-port business. Mr. Derfuss suggested putting a cap on the total population of Vacaville.
Gary Tatum, President and CEO of the Vacaville Chamber of Commerce, and Paul McGuire, Chairman-elect,
presented the issues that the Chamber felt were most important. Mr. Tatum complemented the City
for its accomplishments of 1998 and asked that the City remain cognizant about maintaining its attitude
of
excellence for the future. The Chamber’ s priorities were education in local schools (facility
needs and
quality of education), economic development, public safety, and affordable housing. Mr. Tatum
and Mr.
McGuire elaborated on each of the Chamber’ s priorities.
Cynthia Schroeder applauded the Strategic Plan and encouraged the City Council to concentrate on the
preservation of the Lagoon Valley Park. She suggested that a community committee be formed to
share in
the issues of development of the area so that there will be consistent informed input from the public. Ms.
Schroeder noted that citizen participation is abundant and talked about a senior outreach program which
she runs, “ Friendship Outreach” , where volunteers visit seniors each day to check on their
welfare. The
outreach program covers all of Solano County and she participates in the majority of the Solano cities.
She encouraged the City Council to be more supportive of non-profit organizations.
James Williams asked the Council to consider the area south of Alamo Drive and west of the railroad
tracks for annexation and residential development when the General Plan is updated. He felt the
annexation would complete the southern edge of the City and would be a superior location for executive
housing.
John White felt that transportation and one’ s ability to travel from one area of Vacaville to
another more
expediently was important. He asked that the City consider developing a “ fairgrounds” similar to Dixon’
s to accommodate annual festivities held in the city. Mr. White suggested utilizing land on the
north side
of Lagoon Valley Lake.
Joyce Moody asked the City Council to consider annexation of land on the east side of Leisure Town Road
when the General Plan is updated. She felt it might be appropriate for the City to develop its
own train
station. Ms. Moody acknowledged the need to address school facility needs.
Roberto Valdez complimented the City’ s Strategic Plan and discussed the recent adoption of Proposition
1A which prohibits the Council from denying development based on availability of school facilities. He
encouraged the City to help the schools in their endeavor to carry out their recently adopted long-term
facility master plan. He commented on Vacaville’ s recent development and asked the Council
to consider
the impact that development has on other issues in Vacaville. Mr. Valdez asked the City Council
to
preserve the natural recreation area that Lagoon Valley provides.
Ted Siewicki, Chairman of the Vacaville Tree Foundation, talked about the beauty of the environment
and
encouraged the City Council to institute better methods for managing its natural resources. He
felt that
not enough trees are replaced and native plants and grasses are allowed to be removed due to development
without proper relocation and/or consideration. Mr. Siewicki noted that the City has a lot of
open space
which he felt is being over-grazed and improperly managed.
There were no further public comments.
The City Council thanked those people who provided helpful and insightful information regarding issues
they felt were important, and stated that the suggestions would be helpful in preparing for the next
step in
the process. The public was reminded that a Strategic Plan special study session will be held
March 16, 6
p.m., at City Hall.
10. REPORTS OF CITY MANAGER
The City Manager provided reminders for upcoming events.
11. REPORTS OF CITY COUNCIL
The City Council talked about the oil spill on I-80 and Alamo, the neglected puppies found in a condo and wonderful rescue job done by the Solano County Animal Control Authority, Cal-Trans’ decision to make two lanes merging onto I-80 at Monte Vista/Browns Valley Parkway, the recent successful Peabo Bryson concert. Everyone was asked to keep Officer Bob Lee in their thoughts and prayers. The Council stated that applications are being accepted for those interested in serving on one of the City’ s three commissions.
12. PAYMENT OF CLAIMS – Council member Clancy, seconded by
Council member Slade,
made a motion “ to order the payroll register dated February 26, 1999, and check register
dated March 5,
1999, paid.” Motion unanimously approved.
13. CLOSED SESSION – The meeting was adjourned at 11:02 p.m. in order to hold a Closed Session pursuant to California Government Code Section 54950 et seq., Public Employee Performance Evaluation: City Attorney and City Manager.
14. ADJOURNMENT - There being no further business before the City
Council and/or the
Redevelopment Agency, Vice Mayor Wood adjourned the joint meeting at 12:20 a.m., March 10, 1999,
with no announcements made.
Respectfully submitted,
Kathleen M. Andronico, City Clerk