Day 1999.03.23CC
CITY OF VACAVILLE
CITY COUNCIL MINUTES
March 23, 1999
A meeting of the City Council of the City of Vacaville was held at the City Council Chambers, 650 Merchant Street, March 23, 1999. Mayor Fleming called the meeting to order at 7:14 p.m. (Redevelopment Agency and Housing Authority meetings held prior to this meeting.)
1. ROLL CALL
Present: Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming
Absent: City Attorney Charles Lamoree
Others Present: City Manager John Thompson, Assistant City Attorney Jerry Hobrecht, and City Clerk Kathy Andronico
2. Pastor Raleigh Galghan, Valley Church gave the Invocation and Council member Augustine led the Pledge of Allegiance.
3. APPROVAL OF AGENDA – Mayor Fleming asked if there were any additions or deletions necessary for the agenda. Council member Slade asked that Item 9c be heard prior to Items 9a and 9b. Under “ Reports of City Manager” , the City Manager asked the Council to take an action on an issue faxed this date regarding a congressional action on the budget which would severely impact Community Development Block Grant funding. He stated he would advise the Council about a grant being sought by the Police Department to aid investigating child abuse cases. The City Manager also asked the City Council to schedule commission interviews. Council member Slade, seconded by Council member Augustine, made a motion “ to approve the agenda as amended.” Motion approved (4-1 Clancy abstained).
4. APPROVAL OF MINUTES - Vice Mayor Wood, seconded by Council member Slade, made a motion “ to approve the minutes of the regular meeting of March 9, 1999, as written.” Motion unanimously approved
5. PRESENTATION – EARTHQUAKE PREPAREDNESS MONTH
Joel Brick and Linnea Dischinger discussed upcoming events planned by the Fire Department during Earthquake Preparedness Month. Mayor Fleming presented a proclamation.
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, 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, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
A. Ordinance No. 1616 - 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 (Second Reading)
B. Resolution No. 1999-30 - RESOLUTION DIRECTING PREPARATION OF ANNUAL REPORT FOR THE CITY OF VACAVILLE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS
C. Resolution No. 1999-31 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO FILE APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION FOR FEDERAL TRANSIT ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION
D. Resolution No. 1999-32 - RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1999-2000
E. AWARD OF CONTRACT – 1999 SLURRY SEAL PROJECT
7. BUSINESS FROM THE FLOOR
Erin Chun, student co-chair of the upcoming Cultural Diversity Faire, April 10, gave a brief presentation outlining the upcoming event and encouraged everyone to attend.
8. PUBLIC HEARINGS
A. RESOLUTIONS FORMING COMMUNITY FACILITIES DISTRICT
NO. 6– THE SARATOGA
Director of Housing and Redevelopment Charles Learned reviewed the staff report for the record. He stated that the developer is requesting a temporary two-year maximum loan of about $933,000 to cover the planning user fees and development impact fees. He explained that the loan would be secured by the CFD and that this would be a highly secure loan because the CFD operates as property tax, due and payable before the mortgage. Director Learned advised that the developer has committed funds to cover the full cost of the development, consisting of tax-exempt bonds, tax credits and developer equity, plus the proposed agency loan. He noted that Edison Capital (a division of Southern California Edison) is the investor and is making their investment in the form of federal low-income housing tax credits, and the Bank of America will purchase the tax-exempt bonds. Director Learned advised that the Housing and Redevelopment Commission unanimously approved the recommendation that the Council enter into the loan with Saratoga Senior Apartments at its meeting on December 9, 1998.
In recognition of formal proceedings that must be held in order to form a Community Facilities
District, Mayor Fleming announced that this was the date and time for the public hearing. He
noted that property owners or registered owners in the district that wish to file a written protest
must now place it on file with the City Clerk. Mayor Fleming asked if there was anyone who
wished to come forward and no protests were filed. He then asked for comments from the
audience and no one came forward. Mayor Fleming closed the public hearing.
Vice Mayor Wood, seconded by Council member Clancy made a motion “ to adopt the subject
resolutions.” Resolution No. 1999-33, “ Resolution of Formation of Community
Facilities
District,” and Resolution No. 1999-34, “ Resolution Calling Special Election,” were
approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
B. RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $9,600,000 AGGREGATE PRINCIPAL AMOUNT MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE SYCAMORES APARTMENTS) 1999 SERIES A
Director Learned reviewed the staff report noting that the Sycamores Apartments were constructed with $9.8M of Multi-family Mortgage Revenue Bonds issued in 1985. Due to favorable interest rates, the owner of the project has requested that the City assist in refinancing the project by issuing and selling $9.6M of Multifamily Housing Revenue Refunding Bonds. He advised that the City would receive approximately $30,000 in processing fees from the refunding.
Mayor Fleming opened and closed the public hearing with no comments noted.
Council member Clancy, seconded by Council member Slade made a motion “ to adopt the
subject resolution.” Resolution No. 1999-35, “ Resolution Authorizing the Issuance,
Sale
and Delivery of $9,600,000 Aggregate Principal Amount Multifamily Housing Revenue
Refunding Bonds (The Sycamores Apartments) 1999 Series A,” was approved by the
following:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
C. RESOLUTION APPROVING BLUE OAK UNIT 2 MITIGATED
NEGATIVE
DECLARATION, VESTING TENTATIVE MAP AND PLANNED DEVELOPMENT
Community Development Director Ron Rowland stated that this is a proposal to subdivide approximately 13 acres of vacant land along the west side of Vine Street at Wesley Avenue into 32 lots with a minimum area of 10,000 sq. ft. He noted that the lots would be developed with custom single-family homes. He advised that this project is identical to the subdivision previously approved on the property, except that additional contour grading is proposed for the lots. The project approvals expired last year and now the property owner/developer is reapplying for a vesting map and planned development. The Planning Commission held a public hearing on the proposed project on March 2, 1999 and voted 5-1 to recommend approval.
Mayor Fleming opened the public hearing. Tom Phillippi, Phillippi Engineering, publicly
thanked everyone who offered support after his recent accident. He stated he was available to
answer any questions regarding the project. Mayor Fleming closed the public hearing.
Vice Mayor Wood, seconded by Council member Slade made a motion “ to approve the
Negative Declaration and adopt the subject resolution.” Resolution No. 1999-36,
“ Resolution
Approving Blue Oak Unit 2 Mitigated Negative Declaration, Vesting Tentative Map and
Planned Development,” was approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
D. RESOLUTION APPROVING BLUE OAK UNITS 1 AND 3 MITIGATED NEGATIVE DECLARATION, VESTING TENTATIVE MAP AND PLANNED DEVELOPMENT
Director Rowland reviewed the staff report noting that the developer of Unit 1 and 3 requests to subdivide two sites with this planned development proposal. Unit 1 is a 33-lot custom home subdivision and Unit 3 is a proposal to construct 25 production homes. The two Blue Oaks sites are currently contiguous, but will be separated by the future realignment of new Vine Street which will intersect with Markham Avenue and provide better access to E. Monte Vista Avenue. Director Rowland advised that the approval of the Blue Oak Unit 3 would require an exception to the City’ s Water Mater Plan to permit a building pad elevation of 225 feet in the Zone 1 water system. He explained that the standard for the maximum pad elevation in this zone is 220 ft., however Public works recommends approval of this request. He stated that the homes would all be single-story and the water main from the street to the homes will be enlarged.
Mayor Fleming opened the public hearing.
Tom Phillippi, representing the applicant, stated that he agreed with the conditions imposed by
the Planning Commission, however he felt clarification of Condition 35 was important. He
stated that Mr. Case sent a letter thanking staff and the City Council for requiring a retaining
wall. Condition 35 states that the developer is proposing that the south side of Unit 1, Lot 17,
drain onto an adjoining property. ... Otherwise the drainage in that area shall be redesigned
to match what was shown on the previous set of improvement plans, “ i.e. a retaining wall
which would keep drainage away from the adjoining neighbor.” Mr. Phillippi’
s interpretation
of the Condition was that it did not require a retaining wall, but it was an example and that
he
would have the opportunity to work with City staff to review other alternatives. He reiterated
that he was not asking for a change to the condition, merely clarification of its intent.
City Engineer Mike Baird stated that he agreed with Mr. Phillippi’ s interpretation and would
support changing the wording to reflect the possibility of other alternatives like a v-ditch,
curbing, or a number of other alternatives.
Herb Case, representing the owners of the lot on the corner of Vine and Depot, stated that there is currently strong water runoff onto the property. He stated his client would support a retaining wall, but not a v-ditch. He supported Condition 35 as it stands and expressed concern about residue that may flow onto the lot from the steeper property.
Robert Frost, 42 Vine Street, expressed his concerns about the increase in the number of homes
from the original plan and the removal of several trees in Unit 1. He commented on the
composition roofs and shared driveways in Unit 3 and felt the project did not reflect the
historical value of Vine Street. Mr. Frost noted that wild life would be impacted by the
projects. He stated that he had concerns about backing out onto Vine Street from his property
and advised that in the original plan of 1989, a cul-de-sac was proposed and that he was going
to be given an easement to utilize the cul-de-sac to enter and exit his property.
Director Rowland advised that since the project was reconfigured, the cul-de-sac would not
meet City standards. It was felt that the current plan made a better transition and would
comply with City sight distance requirements. He also addressed Mr. Frost’ s others comments.
Director Rowland advised that staff has some suggested language change to address the
Condition 35 concerns.
Mayor Fleming closed the public hearing.
Vice Mayor Wood, seconded by Council member Clancy, made a motion “ to approve the
Negative Declaration for the Blue Oak Units 1 and 3 development proposal; to adopt the
resolution approving the Blue Oak Unit 1 and 3 Vesting Tentative Map and Planned
Development, and to include modification language to Condition #35 making it acceptable to
staff.”
Council member Slade asked to hear the proposed change to Condition 35. Director Rowland
suggested adding, “ or another drainage improvement that diverts at least 90% of the existing
runoff subject to the approval of the City Engineer.”
Mayor Fleming asked if the language change would address the dirt and debris that may run
into a v-ditch and prevent free flow of water. City Engineer Baird stated that the concrete ditch
would be bigger and better than ones built 20 years ago and that the area being discussed is
very small. He felt that a v-ditch may be permissible and added that some kind of erosion
control would be implemented to eliminate dirt seepage. The Council asked about the Mr.
Frost’ s inquiry concerning his driveway. City Engineer Baird stated that a circular driveway
might be appropriate, however he felt it could be worked out.
On the motion, Resolution No. 1999-37, “ Resolution Approving Blue Oak Units 1 and 3
Mitigated Negative Declaration, Vesting Tentative Map and Planned Development,” was
approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: None
Recess 8:20 – 8:30 p.m.
9. BUSINESS (listed in order of discussion)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE TO SUPPORT THE CONCEPT TO ESTABLISH A JOINT POWERS AGENCY TO PROVIDE OVERSIGHT AND COORDINATION OF HOMELESS AND SAFETY NET SERVICES ON A COUNTYWIDE BASIS
The City Manager reviewed the staff report for the record. He stated that in the fall of 1997 the County, acting under the advice of an Advisory Committee, opened a day treatment center for the homeless and announced their intention to replicate this service in all the Solano County cities. He then contacted the Fairfield City Manager and started talking about better ways to deal with this problem. Further discussions included the County Administrator to discuss possible Countywide solutions and a more cooperative solution was explored rather than each city doing its own thing. The City County Coordinating Council (CCCC) endorsed the idea that there should be a more cooperative strategy Countywide and asked that a report be brought back for review at the CCCC, and each City, on a proposal. The City Manager introduced Housing and Redevelopment Manager Cyndi Johnston, who worked with representatives from Fairfield and the County, on the strategy. This work led to the recommendation being proposed to the City Council this evening. He reiterated that the recommendation does not commit any of the cities for funding additional facilities for the homeless, merely a more comprehensive solution and plan for dealing with this issue. Also by forming a Joint Powers Agency (JPA) additional monies may be available through grants. The City Manager explained the proposed make-up of the JPA. He stated that the County Board of Supervisors, which is currently the designated Community Action Agency (CAA) for the planning and distribution of federal and state money for emergency shelter and related services, would be asked to designate the JPA Board as the new CAA.
Council member Clancy stated she was first made aware of this proposed concept a few months
ago and asked why it was not discussed by the City Council earlier. The City Manager advised
that while the issue was not on a previous agenda, several notices were sent to the City Council.
He noted that the process began about a year ago and was discussed at the CCCC. The CCCC
asked staff to work on the concept and bring it back at a later time. Since that time it has been
discussed at the Mayors’ Conference Committee meetings and again presented to the CCCC.
The CCCC recommended that the concept be taken to each entity’ s full Council for
consideration. The City Manager noted that this was not a Council-initiated project, but
one
initiated by himself with the Fairfield staff. He reiterated that this is not a final proposal,
but a
work in progress. Mayor Fleming confirmed that the draft concept was discussed before the
Mayors’ Committee a couple times and the Mayors expressed some concern. At their last
meeting, it was decided that the draft would be presented to the full Council of each City. He
reiterated that this is a request “ to support the concept” to establish a joint powers
agency.
Housing and Redevelopment Manager Johnston gave a detailed review of the what techniques
and resources were used. She noted that representatives from the cities of Vacaville, Fairfield,
Suisun, and the County conducted surveys and research on existing services related to homeless
needs within the three-city area. The major finding of the research suggested forming a Joint
Powers Agency, made up of Solano County as well as cities within the County. She suggested
that an annual assessment be performed by the participating City Councils. Manager Johnston
noted that the Board of Supervisors has adopted a resolution supporting the concept and that
the City of Fairfield held a special study session and placed it on a future agenda. She then
discussed some of the concerns raised by various non-profit organizations: reduction in
funding, loss of independence and the ability to receive grants. The City Manager pointed out
that a major benefit of the JPA would be the ability for the cities to have some direct say in how
the planning of homeless and safety net services are administered within their particular
communities.
Council member Clancy asked staff to review the funds the City has expended for homeless
issues within Vacaville. Manager Johnston stated that the City of Vacaville, through the
Redevelopment Agency, has long been involved with homeless needs within our community.
The Opportunity House was developed with City redevelopment monies and local volunteer
labor. The Solano County Economic Opportunity Council (SCEOC) then provided oversight
and support to the House, until it filed bankruptcy. At that time, the City stepped forwarded
and operated Opportunity House for one year. She noted that the City assisted with the
formation of the Vacaville Social Service Corporation, which currently operates the center.
Manager Johnston stated that the Festival of Trees event earns money to donate to the
Opportunity House in excess of $20,000 annually. She noted that the City also offers other
services like emergency housing/hotel vouchers, gas money, family resource center for clothing
and job searching, etc. The City Manager felt the JPA would promote better sharing of
resources and money and make the tri-city area more attractive for additional state and federal
grants outside the County. He stressed the importance of collaboration when applying for grant
funding.
The City Council asked several questions concerning administrative support and funding for
the JPA, its likeness to the SCEOC and concern about creating another bureaucracy, County
responsibilities vs. City responsibilities for this type of service, how grants received by the JPA
would be allocated and how the decisions would be made, the type of safety net services that
would be provided, etc.
Mayor Fleming asked for public comment.
Lou Derfuss, and Frank Trinkle did not favor the creation of the JPA, or providing more
homeless and safety net services in Vacaville. Some of their concerns included: building more
government, cost to administer grant funding and how that might diminish the grant itself, how
transitional housing would affect existing neighborhoods and deteriorate their value. It was
suggested that only Vacaville and Solano residents should benefit from the grants and that
strict guidelines should be developed. It was stated that assistance should be granted only to
those who became homeless, not those who are homeless by choice. One speaker stated that by
offering homeless and safety net services in a community, it might cause that community to
become a magnet for other homeless individuals outside the County. He relayed some
experiences he had in a Southern California community.
Council member Slade responded to Mr. Derfuss’ concerns. She noted that the administrative
cost for grants are on top of the grant itself, therefore no monies are lost from its intended use.
She advised that transitional housing has nothing to do with ghettos and its purpose is to
integrate families into already existing neighborhoods.
Donna Harr stated that “ collaboration is everything” and communication is important. She
noted that a lot of information has been offered during this testimony and that some of the
concerns and questions could have been addressed earlier if communication had occurred. She
suggested that the Council take more time to consider the issue and not make a decision at this
time.
Bernard Thompson, program manager of the homeless day center in Fairfield, reviewed the
services provided by the day center, its limitations, and supported the cities and county coming
together to develop a Countywide comprehensive program.
Mayor Fleming reviewed some of the comments and questions raised by the Solano Mayors
about forming the JPA. He expressed concern that expanding homeless services may make
Vacaville a magnet and noted that welfare is a County function, not the City’ s. He stated
that
Vacaville is not well represented on the ABAG task force, which is a clearinghouse for regional
funds, and that forming a JPA might be a better way to get into the ABAG task force and
receive funding. Mayor Fleming stated that there has been concern that the people we help are
not from Solano County, however the surveys show that the people requesting these services are
from our City and/or Solano County. He reiterated that the key goal for the JPA is to
strengthen and improve existing non-profits in the County.
Council member Clancy stated she would not support forming a JPA. She stated that providing
these services is a County function. Council member Clancy felt the concept was too much like
the defunct SCEOC and would create more bureaucracy. She pointed out that many churches
have become more involved in these services.
Council member Slade noted that the purpose of the JPA is to allow the cities to collaborate as a
unit in looking for and receiving grant funds. The JPA would provide a pooling of resources.
Council member Augustine did not want to commit to another regional group to take over a
County responsibility.
Vice Mayor Wood talked about the complexity of the homeless problem and questioned what
the role of the City government should be. He commented on the homeless situation that
currently exists on Travis AFB. He stated that there are over 1,200 non-profit groups in the
County and wondered why none were in attendance to offer their perspective. He commented
that formation of the JPA might affect the flexibility of the non-profits. He suggested
spending
more time understanding what the appropriate role may be for the City.
Council member Slade encouraged her colleagues to remember that this recommendation is to
approve the concept. This is not a request to implement the program right now. She asked
that
Council, when voting, to focus on the “ concept” issue, not approval of the JPA. Council
member Slade, seconded by Mayor Fleming made a motion “ that the City Council move to
support the JPA in concept with the thought to review it again after more staff analysis.”
Motion failed (2-3 Slade/Fleming yes).
A. REFUSE COLLECTION RATE ADJUSTMENT
Director Pfeiffer reviewed the staff report for the record. He briefly discussed the rate adjustment procedure as specified in the Franchise Agreement. He stated that a full rate review of Vacaville Sanitary Services (VSS) was conducted in the fall of 1998, which indicated a rate adjustment decrease of 3.8%. He stated that in June 1998, the Council approved a residential curbside recycling program that included a $1.78/month residential and a 9.98% commercial rate increase to be effective at program implementation on July 1, 1999. Director Pfeiffer then reviewed three options, proposed by staff, to utilize the rate decrease. Briefly, Option 1 would reduce the curbside recycling program residential rate from $1.78/month of $1.21/month; some of the savings would be used to hold existing VSS collection rates constant for 21 months and a free spring landfill pass. Option 2 would reduce the curbside recycling program residential rate, hold existing VSS collection rates constant for 21 months, and provide a curbside bulky item collection program. Director Pfeiffer explained the “ bulky item” collection program. Option 3 would convert part of the rate adjustment decrease savings into an annual bulky collection program, VSS would be entitled to a COLA rate increase in January 2000 and the curbside recycling program residential rate would be implemented at $1.44/month. The free spring landfill pass would also remain. Director Pfeiffer stated that staff is recommending Option 2.
Mayor Fleming asked for public comment. Several residents addressed the City Council
suggesting alternatives like: the option to either take one’ s bulky items to the dump or
utilize
the curbside service; a rate based on usage or one’ s needs; an incentive to reduce one’ s
refuge,
etc.
Council member Augustine, seconded by Mayor Fleming made a motion “ to approve Option
1.” Motion unanimously approved.
B. FOURTH OF JULY FIREWORKS
The City Manager briefly reviewed the staff report. He advised that the Vacaville Christian Life Center is expanding its facility and will not be able to host the event this year or in the future. He stated that a committee of representatives from the Chamber of Commerce, Christian Life Center, and City staff met to discuss possible alternatives for a fireworks display to be held this year. He then mentioned some of the locations discussed: Vacaville High School football field, Andrews Park, or perhaps from the detention basin adjacent to the Cultural Center. Before moving forward with a site location, staff advised that the cost is estimated to be $10,000 - $12,000 depending on the display.
Mayor Fleming asked for public comment. Lou Derfuss was opposed to using taxpayers' money
for fireworks. However, he suggested using open space recently acquired by the City from the
Gonzales family because it would be visible throughout the City and decrease traffic congestion.
Vice Mayor Wood stated that he had heard from other businesses that may be interested in
contributing towards the fireworks display. Vice Mayor Wood, seconded by Council member
Clancy, made a motion “ to approve an expenditure up to $7,500.” Motion
unanimously
approved.
10. REPORTS OF CITY MANAGER
The City Manager stated that the Senate Budget Committee approved the FY 2000 budget which will have a great impact on CDBG funding to the City. It also approves big cuts in economic development grants. He requested that the City Council authorize a letter, over the Mayor’ s signature, asking that the budget for those programs be restored to its previous level. Council member Slade, seconded by Vice Mayor Wood, made a motion “ to authorize a letter as described by the City Manager.” Motion unanimously approved. The City Manager stated that the Police Department has been competing for a grant called “ Answers Benefiting Children.” He stated that it is a very large grant of State monies and Vacaville has a very good chance of receiving it. He noted that there are only five places in the State that will receive money. He reviewed the outline of the program, which would include: enhancing child abuse investigation abilities, expanding Family Resource Centers, and working with Child Haven. The City Manager asked the City Council to select at least three dates to hold Commission interviews.
11. REPORTS OF CITY COUNCIL
The City Council provided information regarding various meetings and information of interest to the public.
12. PAYMENT OF CLAIMS – Council member Slade, seconded by Vice Mayor Wood, made a motion “ to order the payroll register dated March 15, 1999, and check register dated March 19, 1999, paid.” Motion unanimously approved.
CLOSED SESSION – None
14. ADJOURNMENT – There being no further business before the
City Council, Mayor
Fleming adjourned the regular meeting of March 23, 1999, at 11:37 p.m.
Respectfully submitted,
Kathleen M. Andronico
City Clerk